Apricots Grown in Designated Counties in Washington; Temporary Suspension of Grade Requirements for Apricots of the Patterson Variety

SUMMARY: This interim final rule suspends, for the 1995 season only,

the minimum grade requirements (Washington No. 1) currently in effect

for fresh shipments of the Patterson variety of apricots grown in

Washington. The suspension will enable handlers of Patterson variety

apricots to ship more fruit to the fresh market, taking into

consideration the significant hail damage experienced by this variety

during the growing season. This action will improve returns to

producers of the Patterson variety of apricots. This rule was

recommended by the Washington Apricot Marketing Committee (Committee),

the agency responsible for the local administration of the marketing

order for Washington apricots.

DATES: Effective: July 1, 1995.

Comments received by July 24, 1995 will be considered prior to

issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments

concerning this rule. Comments must be sent in triplicate to the Docket

Clerk, Fruit and Vegetable Division, AMS, USDA, Room 2525-S, P.O. Box

96456, Washington, DC 20090-6456. All comments should reference the

docket number and the date and page number of this issue of the Federal

Register and will be made available for public inspection in the Office

of the Docket Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT: Teresa L. Hutchinson, Marketing

Specialist, Northwest Marketing Field Office, Marketing Order

Administration Branch, Fruit and Vegetable Division, AMS, USDA, 1220 SW

Third Avenue, Room 369, Portland, Oregon 97204-2807; telephone: (503)

326-2724 or Britthany Beadle, Marketing Specialist, Marketing Order

Administration Branch, Fruit and Vegetable Division, AMS, USDA, Room

2522-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)

720-5331.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order

No. 922 (7 CFR part 922), regulating the handling of apricots grown in

designated counties in Washington, hereinafter referred to as the

``order.'' This 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 Department of Agriculture (Department) is issuing this rule in

conformance with Executive Order 12866.

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule is not intended to have retroactive effect.

This rule will not preempt any State or local laws, regulations, or

policies, unless they present an irreconcilable conflict with this

rule.

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 the Secretary 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. A handler is afforded the opportunity for a hearing on the

petition. After the hearing the Secretary 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 in equity to review the

Secretary's ruling on the petition, provided a bill in equity is filed

not later than 20 days after date of the entry of the ruling.

Pursuant to requirements set forth in the Regulatory Flexibility

Act (RFA), the Administrator of the Agricultural Marketing Service

(AMS) has considered the economic impact of this action on small

entities.

The purpose of the RFA is to fit regulatory actions to the scale of

business subject to such actions in order that small businesses will

not be unduly or disproportionately burdened. Marketing orders issued

pursuant to the Act, and rules issued thereunder, are unique in that

they are brought about through group action of essentially small

entities acting on their own behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 30 handlers of Washington apricots subject

to regulation under the order and approximately 400 producers of

Washington apricots in the regulated production area. Small

agricultural service firms have been defined by the Small Business

Administration [13 CFR 121.601] as those having annual receipts of less

than $5,000,000, and small agricultural producers are defined as those

whose annual receipts are less than $500,000. The majority of apricot

handlers and producers may be classified as small entities.

Section 922.52 [7 CFR 922.52] authorizes the issuance of

regulations for grade, size, quality, maturity, pack, markings, and

container for any variety or varieties of apricots grown in any

district or districts of the production area. Section 922.53 [7 CFR

922.53] authorizes the modification, suspension, or termination of the

regulations issued under section 922.52.

Minimum grade, color, and size requirements for Washington apricots

regulated under the order are specified in section 922.321 Apricot

Regulation 21 (7 CFR 922.321). Section 922.321 provides that no handler

shall handle any container of apricots unless such apricots grade not

less than Washington No. 1, except for shipments that are exempt from

regulation. In addition, this section provides that, with the exception

of exempt shipments, apricots shipped must be reasonably uniform in

color, and be at least 1\5/8\ inches in diameter, except for the

Blenheim, Blenril, and Tilton varieties which must be at least 1\1/4\

inches in diameter.

This rule suspends the minimum grade requirements for fresh

shipments [[Page 32430]] of the Patterson variety of apricots for the

1995 season. The grade requirements for the Patterson variety currently

specified in section 922.321 will resume April 1, 1996, for the 1996

and future seasons. Color and size requirements for the Patterson

variety will remain unchanged.

The Committee met on May 11, 1995, and unanimously recommended the

suspension of grade requirements for the Patterson variety. The

Committee requested that this suspension be made effective by July 1,

1995, since the harvest of the Patterson variety is expected to begin

shortly thereafter.

The Committee meets prior to each season to consider

recommendations for modification, suspension, or termination of the

regulatory requirements for Washington apricots which have been issued

on a continuing basis. Committee meetings are open to the public and

interested persons may express their views at these meetings. The

Department reviews Committee recommendations and information submitted

by the Committee and other available information, and determines

whether modification, suspension, or termination of the regulatory

requirements would tend to effectuate the declared policy of the Act.

Information available to the Committee indicates that the Patterson

variety of apricots experienced severe hail damage this season. The

excessive damage was a result of location and stage of fruit

development. The Patterson variety is the latest variety of apricots

produced within the production area. Earlier varieties of apricots did

not experience significant hail damage.

This suspension will enable handlers to ship a larger portion of

the Patterson variety to the fresh market this season, than if the

minimum grade requirements were not suspended. Without suspension of

the grade requirements for the Patterson variety, most of the fruit

could not be shipped to fresh markets. Last year, 151 tons of the

Patterson variety were shipped into the fresh market. Information

available to the Committee indicates that with suspension of the grade

requirements for the Patterson variety, approximately 125 tons might be

shipped to the fresh market. Since the Patterson variety is the latest

variety of apricots shipped within the production area, the suspension

of the grade requirements for this variety should not adversely affect

the marketing of other varieties.

Suspension of the grade requirements for the Patterson variety is

intended to increase fresh shipments to meet consumer needs and improve

returns to producers.

Based on the above information, the Administrator of the AMS has

determined that this interim final rule will not have a significant

impact on a substantial number of small entities and that the action

set forth herein will benefit producers and handlers of the Patterson

variety of apricots grown in designated counties in Washington.

After consideration of all available information, it is found that

this interim final rule, as hereinafter set forth, will tend to

effectuate the declared policy of the Act.

Pursuant to 5 U.S.C. 553, it is also found and determined, upon

good cause, that it is impracticable, unnecessary, and contrary to the

public interest to give preliminary notice prior to putting this rule

into effect and that good cause exists for not postponing the effective

date of this rule until 30 days after publication in the Federal

Register because: (1) This action suspends the current grade

requirements for the Patterson variety of Washington apricots; (2) the

Committee unanimously recommended this rule at a public meeting and all

interested persons had an opportunity to provide input; (3) shipment of

the Patterson variety of apricots is expected to begin in early July,

and this rule should apply to the entire season's shipments; (4)

handlers of the Patterson variety of apricots are aware of this rule

and they need no additional time to comply with the relaxed

requirements; and (5) this rule provides a 30-day comment period and

any comments received will be considered prior to finalization of this

rule.

List of Subjects in 7 CFR Part 922

Apricots, Marketing agreements, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR part 922 is

amended as follows:

PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON

1. The authority citation for 7 CFR part 922 continues to read as

follows:

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

2. Section 922.321, paragraph (a)(1) is revised to read as follows:

Sec. 922.321 Apricot Regulation 21.

(a) * * *

(1) Minimum grade and maturity requirements. Such apricots that

grade not less than Washington No. 1 and are at least reasonably

uniform in color: Provided, That the grade requirement shall not apply

to apricots of the Patterson variety handled during the 1995 season

through March 31, 1996: Provided further, That such apricots of the

Moorpark variety in open containers shall be generally well matured;

and

* * * * *

Dated: June 15, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95-15109 Filed 6-21-95; 8:45 am]

BILLING CODE 3410-02-P