Winter Pears Grown in Oregon, Washington, and California; Revision of Reporting Requirements

DEPARTMENT OF AGRICULTURE

7 CFR Part 927

[FV95-927-2IFR]

Winter Pears Grown in Oregon, Washington, and California;

Revision of Reporting Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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

SUMMARY: This interim final rule reduces the reporting requirements for

handlers who have shipped less than 2,500 standard western pear boxes

during any two-week reporting period of the shipping season. This

action decreases the reporting burden on such handlers while

maintaining the information collection necessary for the efficient

operation of the program. This rule was recommended by the Winter Pear

Control Committee (Committee), the agency responsible for the local

administration of the marketing order for winter pears.

EFFECTIVE DATE: September 15, 1995. Comments received by October 16,

1995 will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments

[[Page 47859]]

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; Fax: (202) 720-5698. 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. 927 (7 CFR part 927), regulating the handling of winter pears grown

in Oregon, Washington, and California, 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 90 handlers of winter pears subject to

regulation under the order and approximately 1,800 producers of winter

pears 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 winter pear handlers and

producers may be classified as small entities.

The Committee meets prior to each season to consider

recommendations for modification, suspension, or termination of the

regulatory requirements for winter pears 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.

The Committee met on June 2, 1995, and unanimously recommended

revising Sec. 927.125 of the winter pear marketing order. This section

governs the reporting requirements for handlers of winter pears.

Section 927.70 authorizes the Committee, subject to the approval of

the Secretary, to request information from handlers necessary to

perform its duties under the order. Section 927.125 provides that each

handler shall furnish to the Committee, as of every other Friday, a

``Handler's Statement of Pear Shipments'' and a ``Handler's Packout

Report'' containing information used by the Committee for the

collection of assessments and the development of statistical data.

This rule revises the reporting requirements to allow handlers who

have shipped less than 2,500 standard western pear boxes during any

two-week period of the shipping season to report less frequently while

maintaining the information collection necessary for the efficient

operation of the program.

Handlers are currently required to submit the ``Handler's Statement

of Pear Shipments'' and the ``Handler's Packout Report'' every other

Friday regardless of the quantity of pears shipped in the preceding

two-week reporting period. Industry members have acknowledged that this

can be burdensome for small handlers, who have shipments of less than

2,500 standard western pear boxes, to report every two weeks.

The Committee also determined that submission of such winter pear

shipment data of less than 2,500 standard western pear boxes is not

necessary on a biweekly basis for the efficient administration of the

program. As an alternative, handlers may, at their option, not report

until their accumulated shipments reach 2,500 standard western pear

boxes, provided that they submit the following: a ``Handler's Packout

Report'' at the end of harvest which includes a preliminary packout

estimate; a ``Handler's Statement of Pear Shipments'' and a ``Handler's

Packout Report'' after completion of shipments from regular storage

(i.e. non-Controlled Atmosphere storage), at mid-season for Controlled

Atmosphere storage, and at the completion of shipments. If the

preliminary packout estimate varies from the actual shipments, an

explanation of the difference will be required with the final shipment

report. The two final reports shall be marked ``final report'' and

include an explanation of the actual shipments versus the original

estimate, if different.

Information collection requirements will continue to be

periodically reviewed by the Committee to ensure that they place a

minimal burden on handlers required to file the information. Committee

procedures will also continue to be reviewed and streamlined to assure

efficiency in administering information collections. The information

collection requirements contained in these regulations have been

previously approved by the Office of Management and Budget (OMB) and

have been assigned OMB Control Number 0581-0089.

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

[[Page 47860]]

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 winter pears.

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 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 reduces

reporting requirements for winter pear handlers who ship less than

2,500 standard western pear boxes in a two-week reporting period; (2)

the Committee unanimously recommended this rule at a public meeting and

all interested persons had an opportunity to provide input; (3) winter

pear shipments are expected to begin in early August, and this rule

should apply to most of the season's shipments; (4) handlers of winter

pears 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 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--WINTER PEARS GROWN IN OREGON, WASHINGTON, AND CALIFORNIA

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

follows:

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

2. Section 927.125 is amended by redesignating paragraphs (d) and

(e) as paragraphs (e) and (f), respectively, and adding a new paragraph

(d) to read as follows:

Sec. 927.125 Reports.

* * * * *

(d) Each handler who has shipped less than 2,500 standard western

pear boxes during any two-week reporting period of the shipping season

may, in lieu of reporting biweekly, report as follows:

(1) At completion of harvest, on the next biweekly reporting date,

furnish to the Control Committee a ``Handler's Packout Report'';

(2) After unreported shipments total 2,500 standard western pear

boxes, furnish to the Control Committee a ``Handler's Statement of Pear

Shipments'' and a ``Handler's Packout Report'' on the next biweekly

reporting date;

(3) After completion of all shipments from regular storage (i.e.

non-Controlled Atmosphere storage) at the end of the shipping season,

furnish to the Control Committee a ``Handler's Statement of Pear

Shipments'' and a ``Handler's Packout Report'' on the next biweekly

reporting date;

(4) At mid-season for Controlled Atmosphere storage, at a date

established by the Control Committee, furnish to the Control Committee

a ``Handler's Statement of Pear Shipments'' and a ``Handler's Packout

Report''; and

(5) At the completion of all seasonal pear shipments, furnish to

the Control Committee a ``Handler's Statement of Pear Shipments'' and a

``Handler's Packout Report'' on the next biweekly reporting date. Each

of these reports shall be marked ``final report'' and include an

explanation of the actual shipments versus the original estimate, if

different.

* * * * *

Dated: September 11, 1995.

Sharon Bomer Lauritsen,

Director, Fruit and Vegetable Division.

[FR Doc. 95-22947 Filed 9-14-95; 8:45 am]

BILLING CODE 3410-02-P