[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Rules and Regulations]
[Pages 9221-9222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04782]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 
 ========================================================================
 

  Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Rules 
and Regulations  

[[Page 9221]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Doc. No. AMS-SC-18-0078; SC19-927-1 FR]


Pears Grown in Oregon and Washington; Change in Committee 
Structure for Processed Pears

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This final rule implements a recommendation from the Processed 
Pear Committee (Committee) to change the Committee's membership 
structure. This action removes the second alternate member position 
from the Committee structure, leaving ten member positions and one 
alternate position for each respective member.

DATES: Effective July 1, 2019.

FOR FURTHER INFORMATION CONTACT: Dale Novotny, Marketing Specialist, or 
Gary Olson, Regional Director, Northwest Marketing Field Office, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: 
[email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Richard Lower, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, 
Fax: (202) 720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, 
amends regulations issued to carry out a marketing order as defined in 
7 CFR 900.2(j). This rule is issued under Marketing Order No. 927, as 
amended (7 CFR part 927), regulating the handling of pears grown in 
Oregon and Washington. Part 927, (hereinafter referred to as ``the 
Order'') is effective under the Agricultural Marketing Agreement Act of 
1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the 
``Act.'' The Committee locally administers the Order and is comprised 
of growers, handlers, and processors operating within the area of 
production, and a public member.
    The Department of Agriculture (USDA) is issuing this final rule in 
conformance with Executive Orders 13563 and 13175. This action falls 
within a category of regulatory actions that the Office of Management 
and Budget (OMB) exempted from Executive Order 12866 review. 
Additionally, because this rule does not meet the definition of a 
significant regulatory action, it does not trigger the requirements 
contained in Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs' '' (February 2, 2017).
    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is not intended to have retroactive 
effect.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. Such 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    The Processed Pear Committee consists of ten members; three grower 
members, three handler members, three processor members, and one member 
representing the public. In addition, for each member there are two 
alternate members designated as the ``first alternate'' and the 
``second alternate.'' This final rule changes the membership structure 
of the Processed Pear Committee by removing the second alternate 
position for all members. The Committee unanimously recommended this 
change at a meeting held on May 30, 2018.
    The membership structure of the Processed Pear Committee is 
established in Sec.  927.20(b) of the Order. In addition, Sec.  
927.20(c) provides that the Secretary, upon recommendation of the 
Committee, may reapportion members among districts, may change the 
number of members and alternate members, and may change the composition 
of the Committee by changing the ratio of members, including their 
alternates. The Committee structure was previously reapportioned in 
2013.
    At its May 30, 2018, meeting, the Committee unanimously recommended 
changing the Committee structure by removing the second alternate 
position. In recent years, the Committee has experienced difficulties 
in finding enough eligible nominees to fill the second alternate 
positions. It is the Committee's belief that continuing to fill the 
second alternate positions carries limited benefit to its operation and 
has become a burdensome task. Further, the second alternate position 
has rarely been called upon to serve on the Committee. As such, this 
rule amends Sec.  927.150 of the Order's administrative rules and 
regulations by removing the second alternate position. The ten member 
positions will remain with one alternate member position assigned to 
each. This change should result in more efficiency in filling the 
Committee's membership positions, while still maintaining adequate 
representation of the processed pear industry.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this rule on small entities. 
Accordingly, AMS has prepared this final regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the

[[Page 9222]]

Act, and the rules issued thereunder, are unique in that they are 
brought about through group action of essentially small entities acting 
on their own behalf.
    There are approximately 1,500 growers of processed pears in the 
regulated production area and approximately 43 handlers of processed 
pears subject to regulation under the Order. Small agricultural 
producers are defined by the Small Business Administration (SBA) as 
those having annual receipts of less than $750,000, and small 
agricultural service firms are defined as those whose annual receipts 
are less than $7,500,000 (13 CFR 121.201).
    According to data compiled by the National Agricultural Statistics 
Service (NASS) for 2017, the state of Oregon produced 32,300 tons of 
pears for processing at a market year average price of $388 per ton for 
an estimated total value of $12,532,400. The state of Washington 
produced 85,900 tons at a market year average price of $344 per ton for 
an estimated total value of $29,549,600. Therefore, the total value of 
production of processed pears assessed under the Order for the last 
year was $42,082,000 ($12,532,400 plus $29,549,600). Based on the 
number of processed pear growers in Oregon and Washington (1,500), and 
assuming a normal distribution, the average gross revenue for each 
producer can be estimated at approximately $28,055 ($42,082,000 divided 
by 1,500 growers). Furthermore, based on Committee records, it is 
reported that all Oregon and Washington processed pear handlers 
currently ship less than $7,500,000 worth of processed pears annually. 
From this information, USDA concludes that the majority of growers and 
handlers of Oregon and Washington processed pears may be classified as 
small entities.
    There are three pear processing plants in the production area, all 
currently located in Washington. According to Committee records, all 
three pear processors would be considered large entities under the 
SBA's definition of a small business.
    This rule amends Sec.  927.150 of the Order's administrative rules 
and regulations to change the Committee's membership structure by 
removing the second alternate position. Authority for the modification 
of the Committee structure is provided in Sec.  927.20(c) of the Order.
    The Committee believes that this change will not negatively impact 
growers, handlers, or processors. The benefits for this rule are not 
expected to be disproportionately greater or lesser for small growers, 
handlers, or processors than for larger entities. This change is 
expected to benefit the entire industry through more efficient 
selection of Committee members and alternates.
    The Committee did not discuss other alternatives to this change at 
its May 30, 2018, meeting. The only other option was to leave the Order 
unchanged and maintain the status quo, which would have required the 
Committee to continue to fill the second alternate positions moving 
forward. By eliminating the second alternate position from the 
Committee structure, the industry will only have to nominate and put 
forward for selection two-thirds of the qualified candidates that are 
currently required.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the Order's information collection requirements have been 
previously approved by OMB and assigned OMB No. 0581-0189, Fruit Crops. 
No changes in those requirements are necessary as a result of this 
action. Should any changes become necessary, they would be submitted to 
OMB for approval.
    This rule does not impose any additional reporting or recordkeeping 
requirements on either small or large Oregon and Washington processed 
pear handlers. As with all Federal marketing order programs, reports 
and forms are periodically reviewed to reduce information requirements 
and duplication by industry and public sector agencies. USDA has not 
identified any relevant Federal rules that duplicate, overlap, or 
conflict with this final rule.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    A proposed rule concerning this action was published in the Federal 
Register on December 14, 2018 (83 FR 64294). Copies of the proposed 
rule were also mailed or sent via facsimile to all Oregon and 
Washington processed pear handlers. The proposal was made available 
through the internet by USDA and the Office of the Federal Register. A 
30-day comment period ending January 14, 2019, was provided for 
interested persons to respond to the proposal. No comments were 
received during the comment period. Accordingly, no changes will be 
made to the rule as proposed.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule, will tend to 
effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 927

    Marketing agreements, Pears, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 927 is 
amended as follows:

PART 927--PEARS GROWN IN OREGON AND WASHINGTON

0
1. The authority citation for 7 CFR part 927 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


0
2. Section 927.150 is revised to read as follows:


Sec.  927.150  Reapportionment of the Processed Pear Committee.

    Pursuant to Sec.  927.20(c), on or after July 1, 2019, the 10-
member Processed Pear Committee is reapportioned and shall consist of 
three grower members, three handler members, three processor members, 
and one member representing the public. For each member there shall be 
an alternate. District 1, the State of Washington, shall be represented 
by two grower members and two handler members. District 2, the State of 
Oregon, shall be represented by one grower member and one handler 
member. Processor members may be from District 1, District 2, or from 
both districts.

    Dated: March 11, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-04782 Filed 3-13-19; 8:45 am]
BILLING CODE 3410-02-P