Marketing Order Regulating the Handling of Pears Grown in Oregon and Washington; Control Committee Rules and Regulation, 59625-59628 [05-20531]
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Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations
was made available through the Internet
by USDA and the Office of the Federal
Register. That rule provided for a 60-day
comment period which ended August
23, 2005. One response was received.
However, it was not relevant to this
rulemaking action. Therefore, no
changes will be made as a result of this
response.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
Committee’s recommendations, and
other information, it is found that
finalizing this interim final rule,
without change, as published in the
Federal Register (70 FR 36467, June 24,
2005) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 915
Avocados, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 915—AVOCADOS GROWN IN
SOUTH FLORIDA
Accordingly, the interim final rule
amending 7 CFR part 915 which was
published at 70 FR 36467 on June 24,
2005, is adopted as a final rule without
change.
I
Dated: October 6, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–20472 Filed 10–12–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
administering the marketing order
regulating the handling of pears grown
in Oregon and Washington.
Inadvertently, Subpart—Control
Committee Rules and Regulations was
removed in May 2005 when the
marketing order was amended.
EFFECTIVE DATE: May 21, 2005.
FOR FURTHER INFORMATION CONTACT:
Susan M. Hiller, Northwest Marketing
Field Office, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA;
Telephone: (503) 326–2724, Fax: (503)
326–7440; or George Kelhart, Technical
Advisor, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., STOP 0237,
Washington, D.C. 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938.
SUPPLEMENTARY INFORMATION: A final
rule published in the Federal Register
on Friday, May 20, 2005 (70 FR 29388),
was intended to only amend Subpart—
Order Regulating Handling of Part 927
and to leave Subpart—Control
Committee Rules and Regulations
unchanged. However, amendatory
language in the final rule resulted in
Subpart—Control Committee Rules and
Regulations being removed from 7 CFR
part 927.
The codified provisions of 7 CFR part
927 do not include the Control
Committee Rules and Regulations. This
correction document adds Subpart—
Control Committee Rules and
Regulations back into 7 CFR part 927.
List of Subjects in 7 CFR Part 927
Marketing agreements, Winter pears,
Reporting and recording keeping
requirements.
I Accordingly, 7 CFR Part 927 is
corrected by adding the following
provisions:
PART 927—PEARS GROWN IN
OREGON AND WASHINGTON
Agricultural Marketing Service
1. The authority citation for 7 CFR
Part 927 continues to read as follows:
I
7 CFR Part 927
AGENCY:
USDA.
ACTION: Correcting amendment.
SUMMARY: The Agricultural Marketing
Service (AMS) is adding provisions to
the Code of Federal Regulations that
include rules and regulations used in
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Exemption Certificates
927.110 Determination of district
percentages.
927.110a Application for exemption
certification.
927.111 Exemption committee.
927.112 Issuance of exemption certificate.
927.113 Appeal to Control Committee.
927.114 Appeal to Secretary.
Exemptions and Safeguards
927.120 Pears for charitable or byproduct
purposes.
927.121 Pears for gift purposes.
927.122 Shipments to designated storages.
927.123 Interest and late payment charges.
Reports
927.125
927.142
927.236
927.316
Reports.
Reserve fund.
Assessment rate.
Handling regulation.
Subpart—Control Committee Rules
and Regulations
Definitions
§ 927.100
Terms.
Each term used in this subpart shall
have the same meaning as when used in
the marketing agreement and order.
§ 927.101
Marketing agreement.
Marketing agreement means
Marketing Agreement No. 89, as
amended, regulating the handling of
Beurre D’Anjou, Beurre Bosc, Winter
Nelis, Doyenne du Comice, Beurre
Easter, and Beurre Clairgeau varieties of
pears grown in the States of Oregon,
Washington, and California.
§ 927.102
Order.
Order means Order No. 927, as
amended (§§ 927.1 to 927.81), regulating
the handling of Beurre D’Anjou, Beurre
Bosc, Winter Nelis, Doyenne du Comice,
Beurre Easter, and Beurre Clairgeau
varieties of pears grown in the States of
Oregon, Washington, and California.
§ 927.103
Organically produced pears.
I
2. Part 927 is corrected by adding
Subpart—Control Committee Rules and
Regulations consisting of §§ 927.100
through 927.316 to read as follows:
Subpart—Control Committee Rules and
Regulations
Communications
Definitions
Sec.
927.100 Terms.
927.101 Marketing agreement.
927.102 Order.
927.103 Organically produced pears.
§ 927.105
Authority: 7 U.S.C. 601–674.
Agricultural Marketing Service,
Communications
927.105 Communications.
Organically produced pears means
pears that have been certified by an
organic certification organization
currently registered with the Oregon or
Washington State Departments of
Agriculture, or such certifying
organization accredited under the
National Organic Program.
[Docket No. FV05–927–2]
Marketing Order Regulating the
Handling of Pears Grown in Oregon
and Washington; Control Committee
Rules and Regulation
59625
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Communications.
Unless otherwise prescribed in this
subpart, or in the marketing agreement
and order, or required by the Control
Committee, all reports, applications,
submittals, requests, inspection
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Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations
certificates, and communications in
connection with the marketing
agreement and order shall be forwarded
to: Winter Pear Control Committee, 4382
SE International Way, Suite A,
Milwaukie OR 97222–4635.
Exemption Certificates
§ 927.110 Determination of district
percentages.
(a) The Control Committee, at its
meeting held on or before August 1 of
each year for the purpose of making
recommendations to the Secretary under
the provisions of § 927.50, shall estimate
the district percentages which the
grades and sizes of each variety of pears
permitted to be shipped from each
district under the recommended
regulation bears to the total quantity of
each variety of pears which could be
shipped from that district in the absence
of regulation.
(b) Any notice issued or given
pursuant to this estimate shall
specifically state that each of the said
percentages is merely an estimate
subject to change, and is not to be relied
upon until final action is taken as
hereinafter provided. Each exemption
committee, as hereinafter constituted in
each district, shall meet and elect a
district chairman and a secretary, either
at or within ten days following said
meeting of the Control Committee. Said
district chairman shall immediately
notify the secretary of the Control
Committee of the names of the chairman
and the secretary. The chairman of each
exemption committee shall call a
meeting of such committee within his
district not later than a date to be
determined each year by the Control
Committee at the meeting specified in
paragraph (a) of this section.
(c) At said district meeting, the
district percentage estimates made by
the Control Committee shall be
reviewed by the exemption committee,
and, if found to be not in accordance
with conditions then existing within the
district, said committee shall
recommend proper adjustments to the
Control Committee. Each exemption
committee shall make only one
recommendation for adjustment of
district percentages in any one season,
and said recommendation shall be made
not later than the date specified by the
Control Committee, except that should a
major change occur in the crop or crops
in any district after such date, the
exemption committee may recommend
a further change in such percentages.
On the basis of the information
submitted to it by the exemption
committees and such other information
and evidence as is available to it, the
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Control Committee shall establish all
district percentages to be used in
computing exemptions to growers. In
the event no adjustment is
recommended by the exemption
committees by the date above specified,
the Control Committee shall
immediately, on the basis of information
and evidence available to it, establish
the district percentages to be used in
computing exemptions to growers.
(d) The Control Committee shall give
prompt notice to growers and handlers
of the final percentages to be used in
computing exemptions to growers.
(e) Any action taken by an exemption
committee shall be approved by four
affirmative votes, and each such
committee shall keep accurate minutes
and records of the proceedings of each
of its meetings. A copy of such minutes
and records shall be forwarded to the
secretary of the Control Committee
promptly after each meeting.
§ 927.110a Application for exemption
certification.
Each application for an exemption
certificate authorizing the shipment
(pursuant to § 927.54) during a
particular marketing season of any
variety of pears shall be filed with the
Secretary of the Control Committee. At
the same time, and in order to insure
prompt handling of such application,
the applicant shall mail or deliver a
copy of the application to the chairman
of the exemption committee in the
district in which the pears are grown.
The application should be filed at the
time the pears are harvested, and must
be filed prior to the time the applicant’s
crop is graded, sized, and packed. Each
application duly mailed and received by
the Secretary of the Control Committee
shall be deemed to have been filed with
the Secretary as of the date of such
mailing. As a part, and in support, of the
application for an exemption certificate,
the applicant shall submit one or more
inspection certificates (or copies
thereof) issued by a duly authorized
representative of the Federal-State
Inspection Service indicating the
percentage of such applicant’s
production of all pears of such variety
which will meet the grade, size, and
quality regulations in effect and the
percentage which will not meet these
regulations; and the volume of pears so
inspected shall be representative of such
applicant’s total production of such
variety. The said exemption committee
shall have the right to make or cause to
be made such additional investigation
as may be necessary to determine
whether the portion of the applicant’s
production covered by the inspection
certificates adequately represents the
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applicant’s total production of such
variety. The cost of such inspection
shall be borne by the applicant. The
application to be submitted shall be
‘‘Form E–1 Growers Application for
Exemption Certificate’’ and shall
contain the following information:
(a) The name and address of the
applicant;
(b) The location of the orchard (by
district and distance from the nearest
town) from which the fruit is to be
shipped pursuant to the exemption
certificate;
(c) The number and age of the trees
producing the particular variety for
which exemption is requested;
(d) The estimated quantity of such
variety which could be shipped by the
applicant in the absence of the grade,
size, or quality regulations in effect at
the time the application is filed;
(e) The percentage of such variety, as
set forth in the attached Federal-State
inspection certificate or the weighted
average of such percentages if there is
more than one inspection certificate,
which meets the requirements of the
aforesaid effective grade, size, or quality
regulations;
(f) The quantity of such variety which
meets the requirements of the aforesaid
effective grade, size, or quality
regulations (such quantity shall be
determined by applying the applicable
percentage prescribed in paragraph (e)
of this section to be the estimated
quantity pursuant to paragraph (d) of
this section);
(g) The total crop of such variety and
the quantity shipped during the
preceding marketing season;
(h) The names of the shippers who
shipped all or any portion of the
applicant’s aforesaid crop during the
preceding marketing season;
(i) The reasons why the quantity of
the particular variety of pears, for which
exemption is requested, does not meet
the aforesaid effective grade, size, or
quality regulations; and
(j) The name of the shipper or
shippers who will ship the exempted
pears if the exemption certificate is
issued.
§ 927.111
Exemption committee.
The members and alternate members
of the Control Committee residing in the
district in which the applicant grower’s
orchard is located shall act as an
exemption committee for that district
and shall make or cause to be made
such investigation as may be necessary
to determine whether and to what
extent such applicant will be prevented,
because of the aforesaid grade, size, or
quality regulations in effect, from
shipping as large a percentage of the
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particular variety of his pears as the
percentage of all pears of that particular
variety permitted to be shipped from his
district as determined by the Control
Committee. In the event any member or
alternate member of the Control
Committee shall himself apply for an
exemption certificate he shall be
disqualified to serve as a member of the
exemption committee to act upon the
application.
§ 927.112 Issuance of exemption
certificate.
In the event such exemption
committee finds and determines from
proof, satisfactory to the committee, that
the applicant is entitled to an exemption
certificate, such exemption certificate
shall be issued so as to permit the
applicant to ship or have shipped the
requisite quantity of his pears. Each
exemption certificate shall be signed by
the secretary or assistant secretary of the
Control Committee and one copy thereof
shall be delivered to the grower, one
copy shall be delivered to each shipper
designated by the grower to receive a
copy, and one copy shall be retained in
the files of the Control Committee. In
the event the secretary of the Control
Committee has reason to believe that
any such finding or determination by an
exemption committee is improper or not
in accordance with the facts, he may
disapprove the same, and shall make or
cause to be made such further
investigation as he may determine to be
necessary or advisable, and may request
or obtain such information as he may
deem necessary to enable him to
determine whether or not and to what
extent an applicant is entitled to an
exemption certificate.
§ 927.113
Appeal to Control Committee.
Any grower, whose application is
denied in whole or in part by the
appropriate exemption committee or by
the secretary of the Control Committee,
may file a written appeal with the
Control Committee within fifteen (15)
days after the date of the notice to such
grower of the decision involved. Upon
receipt of such appeal, the secretary of
the Control Committee shall submit the
same, together with all applicable
information and data, including the
report of the exemption committee on
that grower’s application to the
members of the Control Committee, who
thereafter shall review the same and
shall determine whether and to what
extent the applicant is entitled to an
exemption certificate. Thereupon the
secretary of the Control Committee shall
issue to that grower such exemption
certificate as the Control Committee
shall determine to be proper.
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§ 927.114
Appeal to Secretary.
Any grower who is dissatisfied with
the Control Committee’s determination
with respect to any appeal by that
grower from a decision by an exemption
committee or by the Secretary of the
Control Committee with respect to that
grower’s application for an exemption
certificate, may appeal from such
determination by the Control Committee
to the Secretary of Agriculture. Any
such appeal shall be made by filing with
the secretary of the Control Committee
a written notice of appeal within fifteen
(15) days after notice to that grower of
the aforesaid determination by the
Control Committee. Promptly upon
receipt of notice of an appeal signed by
the applicant, the secretary of the
Control Committee shall forward to the
Secretary of Agriculture, or to his
designated representative, a true and
correct copy of all information
pertaining to that grower’s application
for an exemption certificate and the
action taken thereon by the Control
Committee, together with such written
information and proof as was submitted
to or obtained by the Control Committee
with regard to said application, and a
true copy of the appellant grower’s
notice of appeal.
Exemptions and Safeguards
§ 927.120 Pears for charitable or
byproduct purposes.
Pears which do not meet the
requirements of the then effective grade,
size, or quality regulations shall not be
shipped or handled for consumption by
any charitable institution or for
distribution by any relief agency or for
conversion into any by-product, unless
there first shall have been delivered to
the manager of the Control Committee a
certificate executed by the intended
receiver and user of said pears showing,
to the manager’s satisfaction, that said
pears actually will be used for one or
more of the aforesaid purposes.
§ 927.121
Pears for gift purposes.
There are exempted from the
provisions of the marketing agreement
and order any and all pears which, in
individual gift packages, are shipped
directly to, or which are shipped for
distribution without resale to, an
individual person as the consumer
thereof, and any and all pears which, in
individual gift packages are shipped
directly to, or are shipped for
distribution without resale to, a
purchaser who will use these pears
solely for gift purposes and not for sale.
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59627
§ 927.122 Shipments to designated
storages.
(a) Pears may be shipped without
prior inspection and certification to any
public warehouse in Yakima, Zillah,
Wenatchee, or Grandview in the State of
Washington; in Portland, Klamath Falls,
or Medford in the State of Oregon; or in
Tulelake or Yuba City in the State of
California, for storage therein in transit:
Provided, That any pears so shipped
shall be inspected, and a certificate
issued with respect thereto, as provided
in § 927.60 of the marketing agreement
and order, prior to such pears being
removed from such warehouse. At the
time any pears are so shipped into such
public storage warehouse and again
when such pears are shipped out of
such warehouse, the handler shall, on
his ‘‘Handler’s Statement of Pear
Shipments,’’ report each such shipment
as prescribed in § 927.125(b).
(b) Any pears shipped to one of the
aforesaid storage warehouses pursuant
to this section which, upon inspection,
do not meet the requirements of the
then effective grade, size, or quality
regulations may be repacked at such
warehouse so as to meet such
requirements, sold and delivered within
the state where such warehouse is
located for processing or conversion
into by-products, or returned to the state
where the pears were produced for
repacking or for sale within such state:
Provided, That there first shall have
been submitted to the manager of the
Control Committee proof, satisfactory to
the manager, that the pears will not be
handled contrary to the provisions of
the marketing agreement and order;
such proof shall include, in the case of
sale and delivery for byproducts
purposes, a written certificate, executed
by both the handler and the intended
receiver, stating that the pears will be
processed or converted into by-products
within the state where such warehouse
is located.
§ 927.123
charges.
Interest and late payment
Payments received more than 45 days
after the date on which they are due
shall be considered delinquent and
subject to a late payment charge of
$25.00 or 2 percent of the total due,
whichever is greater. Payments received
more than 60 days after the date on
which they are due shall be subject to
a 11⁄2 percent interest charge per month,
until final payment is made and interest
shall be applied to the total unpaid
balance, including the late payment
charge and any accumulated interest.
Any amount paid shall be credited
when the payment is received in the
Control Committee office.
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Federal Register / Vol. 70, No. 197 / Thursday, October 13, 2005 / Rules and Regulations
Reports
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.
(e) Each handler who has pears
inspected and certificated in lots larger
than carload lots and who wishes to rely
on such lot inspections in lieu of
inspection certificates for individual
carlot shipments shall deliver to the
manager within 10 days after shipment
of any such pears a written report
showing the quantity, variety, grade,
and size of the pears so shipped and the
date of shipment thereof, and said
report shall identify such pears with the
lot-inspection certificate covering the
same, and shall further show what
portion of that lot remains unshipped,
and where located; such report shall be
in addition to, and not in lieu of, the
handler’s reports of shipments required
under paragraphs (b) and (c) of this
section.
(f) Each handler shall specify on each
bill of lading covering each shipment
the variety, and number of boxes
thereof, of all pears included in that
shipment.
§ 927.125
Reports.
(a) Each shipper handling pears
covered by an exemption certificate
shall keep an accurate record, in the
manner provided on such certificate, of
all shipments of such pears. Such
shipper, after having shipped as many
pears as authorized by the particular
exemption certificate, shall promptly
mail to the Secretary of the Control
Committee, such handler’s copy of the
exemption certificate containing an
accurate record of such shipments.
(b) Each handler shall furnish to the
Control Committee, as of every other
Friday, a report containing the following
information on Form 1 ‘‘Handlers’
Statement of Pear Shipments’’:
(1) The number of standard western
pear boxes (two half boxes shall be
counted as one box) of each variety of
pears shipped by that handler during
the preceding two weeks;
(2) The date of each shipment;
(3) The ultimate destination, by city
and state or city and country; and
(4) The name and address of such
handler. In addition, the handler shall
indicate, for each lot of pears shipped in
accordance with the provisions of
§ 927.122, the storage lot number, and
the name and address of the storage
warehouse.
(c) Each handler shall furnish to the
Control Committee, as of every other
Friday, a ‘‘Handler’s Packout Report’’
containing the following information:
(1) The total of the packout of each
variety;
(2) The quantity of each variety loose
in storage;
(3) The volume of each variety sold;
and
(4) The name and address of such
handler.
(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
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§ 927.142
Reserve fund.
(a) It is necessary and appropriate to
establish and maintain an operating
reserve fund in an amount not to exceed
approximately one fiscal period’s
expenses to be used in accordance with
the provisions of § 927.42 of the
amended marketing agreement and this
part, and
(b) Assessments collected for the
period ended June 30, 1962, were in
excess of the expenses for such period
and the committee is hereby authorized
to place $2,500 of such excess in said
reserve.
Assessment Rate
§ 927.236
Assessment rate.
On and after July 1, 2004, an
assessment rate of $0.49 per 44-pound
standard box or container equivalent of
conventionally and organically
produced pears and, in addition, a
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supplemental assessment rate of $0.01
per 44-pound standard box or container
equivalent of Beurre d’Anjou variety
pears, excluding organically produced
Beurre d’Anjou pears, is established for
the Winter Pear Control Committee.
§ 927.316
Handling regulation.
During the period August 15 through
November 1, no person shall handle any
Beurre D’Anjou variety of pears for
shipments to North America
(Continental United States, Mexico, or
Canada), unless such pears meet the
following requirements:
(a) Beurre D’Anjou variety of pears
shall have a certification by the FederalState Inspection Service, issued prior to
shipment, showing that the core/pulp
temperature of such pears has been
lowered to 35 degrees Fahrenheit or less
and any such pears have an average
pressure test of 14 pounds or less. The
handler shall submit, or cause to be
submitted, a copy of the certificate
issued on the shipment to the Control
Committee.
(b) Each handler may ship on any one
conveyance 8,800 pounds or less of
Beurre D’Anjou variety of pears without
regard to the quality and inspection
requirements in paragraph (a) of this
section.
Dated: October 7, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–20531 Filed 10–12–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
Office of Federal Housing Enterprise
Oversight
12 CFR Part 1700
RIN 2550–AA33
Organization and Functions
Office of Federal Housing
Enterprise Oversight, HUD.
ACTION: Final rule.
AGENCY:
SUMMARY: The Office of Federal Housing
Enterprise Oversight (OFHEO) is
revising the regulation that describes its
organization and functions. The
revisions reflect changes in OFHEO’s
organizational structure and the
functional responsibilities of some of its
offices.
DATES: The final regulation is effective
October 13, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary Alice Donner, Senior Counsel,
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]]>Agencies
[Federal Register Volume 70, Number 197 (Thursday, October 13, 2005)]
[Rules and Regulations]
[Pages 59625-59628]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20531]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Docket No. FV05-927-2]
Marketing Order Regulating the Handling of Pears Grown in Oregon
and Washington; Control Committee Rules and Regulation
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Correcting amendment.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) is adding provisions
to the Code of Federal Regulations that include rules and regulations
used in administering the marketing order regulating the handling of
pears grown in Oregon and Washington. Inadvertently, Subpart--Control
Committee Rules and Regulations was removed in May 2005 when the
marketing order was amended.
EFFECTIVE DATE: May 21, 2005.
FOR FURTHER INFORMATION CONTACT: Susan M. Hiller, Northwest Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA; Telephone: (503) 326-2724, Fax: (503)
326-7440; or George Kelhart, Technical Advisor, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue SW., STOP 0237, Washington, D.C. 20250-0237;
Telephone: (202) 720-2491, Fax: (202) 720-8938.
SUPPLEMENTARY INFORMATION: A final rule published in the Federal
Register on Friday, May 20, 2005 (70 FR 29388), was intended to only
amend Subpart--Order Regulating Handling of Part 927 and to leave
Subpart--Control Committee Rules and Regulations unchanged. However,
amendatory language in the final rule resulted in Subpart--Control
Committee Rules and Regulations being removed from 7 CFR part 927.
The codified provisions of 7 CFR part 927 do not include the
Control Committee Rules and Regulations. This correction document adds
Subpart--Control Committee Rules and Regulations back into 7 CFR part
927.
List of Subjects in 7 CFR Part 927
Marketing agreements, Winter pears, Reporting and recording keeping
requirements.
0
Accordingly, 7 CFR Part 927 is corrected by adding the following
provisions:
PART 927--PEARS GROWN IN OREGON AND WASHINGTON
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1. The authority citation for 7 CFR Part 927 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Part 927 is corrected by adding Subpart--Control Committee Rules and
Regulations consisting of Sec. Sec. 927.100 through 927.316 to read as
follows:
Subpart--Control Committee Rules and Regulations
Definitions
Sec.
927.100 Terms.
927.101 Marketing agreement.
927.102 Order.
927.103 Organically produced pears.
Communications
927.105 Communications.
Exemption Certificates
927.110 Determination of district percentages.
927.110a Application for exemption certification.
927.111 Exemption committee.
927.112 Issuance of exemption certificate.
927.113 Appeal to Control Committee.
927.114 Appeal to Secretary.
Exemptions and Safeguards
927.120 Pears for charitable or byproduct purposes.
927.121 Pears for gift purposes.
927.122 Shipments to designated storages.
927.123 Interest and late payment charges.
Reports
927.125 Reports.
927.142 Reserve fund.
927.236 Assessment rate.
927.316 Handling regulation.
Subpart--Control Committee Rules and Regulations
Definitions
Sec. 927.100 Terms.
Each term used in this subpart shall have the same meaning as when
used in the marketing agreement and order.
Sec. 927.101 Marketing agreement.
Marketing agreement means Marketing Agreement No. 89, as amended,
regulating the handling of Beurre D'Anjou, Beurre Bosc, Winter Nelis,
Doyenne du Comice, Beurre Easter, and Beurre Clairgeau varieties of
pears grown in the States of Oregon, Washington, and California.
Sec. 927.102 Order.
Order means Order No. 927, as amended (Sec. Sec. 927.1 to 927.81),
regulating the handling of Beurre D'Anjou, Beurre Bosc, Winter Nelis,
Doyenne du Comice, Beurre Easter, and Beurre Clairgeau varieties of
pears grown in the States of Oregon, Washington, and California.
Sec. 927.103 Organically produced pears.
Organically produced pears means pears that have been certified by
an organic certification organization currently registered with the
Oregon or Washington State Departments of Agriculture, or such
certifying organization accredited under the National Organic Program.
Communications
Sec. 927.105 Communications.
Unless otherwise prescribed in this subpart, or in the marketing
agreement and order, or required by the Control Committee, all reports,
applications, submittals, requests, inspection
[[Page 59626]]
certificates, and communications in connection with the marketing
agreement and order shall be forwarded to: Winter Pear Control
Committee, 4382 SE International Way, Suite A, Milwaukie OR 97222-4635.
Exemption Certificates
Sec. 927.110 Determination of district percentages.
(a) The Control Committee, at its meeting held on or before August
1 of each year for the purpose of making recommendations to the
Secretary under the provisions of Sec. 927.50, shall estimate the
district percentages which the grades and sizes of each variety of
pears permitted to be shipped from each district under the recommended
regulation bears to the total quantity of each variety of pears which
could be shipped from that district in the absence of regulation.
(b) Any notice issued or given pursuant to this estimate shall
specifically state that each of the said percentages is merely an
estimate subject to change, and is not to be relied upon until final
action is taken as hereinafter provided. Each exemption committee, as
hereinafter constituted in each district, shall meet and elect a
district chairman and a secretary, either at or within ten days
following said meeting of the Control Committee. Said district chairman
shall immediately notify the secretary of the Control Committee of the
names of the chairman and the secretary. The chairman of each exemption
committee shall call a meeting of such committee within his district
not later than a date to be determined each year by the Control
Committee at the meeting specified in paragraph (a) of this section.
(c) At said district meeting, the district percentage estimates
made by the Control Committee shall be reviewed by the exemption
committee, and, if found to be not in accordance with conditions then
existing within the district, said committee shall recommend proper
adjustments to the Control Committee. Each exemption committee shall
make only one recommendation for adjustment of district percentages in
any one season, and said recommendation shall be made not later than
the date specified by the Control Committee, except that should a major
change occur in the crop or crops in any district after such date, the
exemption committee may recommend a further change in such percentages.
On the basis of the information submitted to it by the exemption
committees and such other information and evidence as is available to
it, the Control Committee shall establish all district percentages to
be used in computing exemptions to growers. In the event no adjustment
is recommended by the exemption committees by the date above specified,
the Control Committee shall immediately, on the basis of information
and evidence available to it, establish the district percentages to be
used in computing exemptions to growers.
(d) The Control Committee shall give prompt notice to growers and
handlers of the final percentages to be used in computing exemptions to
growers.
(e) Any action taken by an exemption committee shall be approved by
four affirmative votes, and each such committee shall keep accurate
minutes and records of the proceedings of each of its meetings. A copy
of such minutes and records shall be forwarded to the secretary of the
Control Committee promptly after each meeting.
Sec. 927.110a Application for exemption certification.
Each application for an exemption certificate authorizing the
shipment (pursuant to Sec. 927.54) during a particular marketing
season of any variety of pears shall be filed with the Secretary of the
Control Committee. At the same time, and in order to insure prompt
handling of such application, the applicant shall mail or deliver a
copy of the application to the chairman of the exemption committee in
the district in which the pears are grown. The application should be
filed at the time the pears are harvested, and must be filed prior to
the time the applicant's crop is graded, sized, and packed. Each
application duly mailed and received by the Secretary of the Control
Committee shall be deemed to have been filed with the Secretary as of
the date of such mailing. As a part, and in support, of the application
for an exemption certificate, the applicant shall submit one or more
inspection certificates (or copies thereof) issued by a duly authorized
representative of the Federal-State Inspection Service indicating the
percentage of such applicant's production of all pears of such variety
which will meet the grade, size, and quality regulations in effect and
the percentage which will not meet these regulations; and the volume of
pears so inspected shall be representative of such applicant's total
production of such variety. The said exemption committee shall have the
right to make or cause to be made such additional investigation as may
be necessary to determine whether the portion of the applicant's
production covered by the inspection certificates adequately represents
the applicant's total production of such variety. The cost of such
inspection shall be borne by the applicant. The application to be
submitted shall be ``Form E-1 Growers Application for Exemption
Certificate'' and shall contain the following information:
(a) The name and address of the applicant;
(b) The location of the orchard (by district and distance from the
nearest town) from which the fruit is to be shipped pursuant to the
exemption certificate;
(c) The number and age of the trees producing the particular
variety for which exemption is requested;
(d) The estimated quantity of such variety which could be shipped
by the applicant in the absence of the grade, size, or quality
regulations in effect at the time the application is filed;
(e) The percentage of such variety, as set forth in the attached
Federal-State inspection certificate or the weighted average of such
percentages if there is more than one inspection certificate, which
meets the requirements of the aforesaid effective grade, size, or
quality regulations;
(f) The quantity of such variety which meets the requirements of
the aforesaid effective grade, size, or quality regulations (such
quantity shall be determined by applying the applicable percentage
prescribed in paragraph (e) of this section to be the estimated
quantity pursuant to paragraph (d) of this section);
(g) The total crop of such variety and the quantity shipped during
the preceding marketing season;
(h) The names of the shippers who shipped all or any portion of the
applicant's aforesaid crop during the preceding marketing season;
(i) The reasons why the quantity of the particular variety of
pears, for which exemption is requested, does not meet the aforesaid
effective grade, size, or quality regulations; and
(j) The name of the shipper or shippers who will ship the exempted
pears if the exemption certificate is issued.
Sec. 927.111 Exemption committee.
The members and alternate members of the Control Committee residing
in the district in which the applicant grower's orchard is located
shall act as an exemption committee for that district and shall make or
cause to be made such investigation as may be necessary to determine
whether and to what extent such applicant will be prevented, because of
the aforesaid grade, size, or quality regulations in effect, from
shipping as large a percentage of the
[[Page 59627]]
particular variety of his pears as the percentage of all pears of that
particular variety permitted to be shipped from his district as
determined by the Control Committee. In the event any member or
alternate member of the Control Committee shall himself apply for an
exemption certificate he shall be disqualified to serve as a member of
the exemption committee to act upon the application.
Sec. 927.112 Issuance of exemption certificate.
In the event such exemption committee finds and determines from
proof, satisfactory to the committee, that the applicant is entitled to
an exemption certificate, such exemption certificate shall be issued so
as to permit the applicant to ship or have shipped the requisite
quantity of his pears. Each exemption certificate shall be signed by
the secretary or assistant secretary of the Control Committee and one
copy thereof shall be delivered to the grower, one copy shall be
delivered to each shipper designated by the grower to receive a copy,
and one copy shall be retained in the files of the Control Committee.
In the event the secretary of the Control Committee has reason to
believe that any such finding or determination by an exemption
committee is improper or not in accordance with the facts, he may
disapprove the same, and shall make or cause to be made such further
investigation as he may determine to be necessary or advisable, and may
request or obtain such information as he may deem necessary to enable
him to determine whether or not and to what extent an applicant is
entitled to an exemption certificate.
Sec. 927.113 Appeal to Control Committee.
Any grower, whose application is denied in whole or in part by the
appropriate exemption committee or by the secretary of the Control
Committee, may file a written appeal with the Control Committee within
fifteen (15) days after the date of the notice to such grower of the
decision involved. Upon receipt of such appeal, the secretary of the
Control Committee shall submit the same, together with all applicable
information and data, including the report of the exemption committee
on that grower's application to the members of the Control Committee,
who thereafter shall review the same and shall determine whether and to
what extent the applicant is entitled to an exemption certificate.
Thereupon the secretary of the Control Committee shall issue to that
grower such exemption certificate as the Control Committee shall
determine to be proper.
Sec. 927.114 Appeal to Secretary.
Any grower who is dissatisfied with the Control Committee's
determination with respect to any appeal by that grower from a decision
by an exemption committee or by the Secretary of the Control Committee
with respect to that grower's application for an exemption certificate,
may appeal from such determination by the Control Committee to the
Secretary of Agriculture. Any such appeal shall be made by filing with
the secretary of the Control Committee a written notice of appeal
within fifteen (15) days after notice to that grower of the aforesaid
determination by the Control Committee. Promptly upon receipt of notice
of an appeal signed by the applicant, the secretary of the Control
Committee shall forward to the Secretary of Agriculture, or to his
designated representative, a true and correct copy of all information
pertaining to that grower's application for an exemption certificate
and the action taken thereon by the Control Committee, together with
such written information and proof as was submitted to or obtained by
the Control Committee with regard to said application, and a true copy
of the appellant grower's notice of appeal.
Exemptions and Safeguards
Sec. 927.120 Pears for charitable or byproduct purposes.
Pears which do not meet the requirements of the then effective
grade, size, or quality regulations shall not be shipped or handled for
consumption by any charitable institution or for distribution by any
relief agency or for conversion into any by-product, unless there first
shall have been delivered to the manager of the Control Committee a
certificate executed by the intended receiver and user of said pears
showing, to the manager's satisfaction, that said pears actually will
be used for one or more of the aforesaid purposes.
Sec. 927.121 Pears for gift purposes.
There are exempted from the provisions of the marketing agreement
and order any and all pears which, in individual gift packages, are
shipped directly to, or which are shipped for distribution without
resale to, an individual person as the consumer thereof, and any and
all pears which, in individual gift packages are shipped directly to,
or are shipped for distribution without resale to, a purchaser who will
use these pears solely for gift purposes and not for sale.
Sec. 927.122 Shipments to designated storages.
(a) Pears may be shipped without prior inspection and certification
to any public warehouse in Yakima, Zillah, Wenatchee, or Grandview in
the State of Washington; in Portland, Klamath Falls, or Medford in the
State of Oregon; or in Tulelake or Yuba City in the State of
California, for storage therein in transit: Provided, That any pears so
shipped shall be inspected, and a certificate issued with respect
thereto, as provided in Sec. 927.60 of the marketing agreement and
order, prior to such pears being removed from such warehouse. At the
time any pears are so shipped into such public storage warehouse and
again when such pears are shipped out of such warehouse, the handler
shall, on his ``Handler's Statement of Pear Shipments,'' report each
such shipment as prescribed in Sec. 927.125(b).
(b) Any pears shipped to one of the aforesaid storage warehouses
pursuant to this section which, upon inspection, do not meet the
requirements of the then effective grade, size, or quality regulations
may be repacked at such warehouse so as to meet such requirements, sold
and delivered within the state where such warehouse is located for
processing or conversion into by-products, or returned to the state
where the pears were produced for repacking or for sale within such
state: Provided, That there first shall have been submitted to the
manager of the Control Committee proof, satisfactory to the manager,
that the pears will not be handled contrary to the provisions of the
marketing agreement and order; such proof shall include, in the case of
sale and delivery for byproducts purposes, a written certificate,
executed by both the handler and the intended receiver, stating that
the pears will be processed or converted into by-products within the
state where such warehouse is located.
Sec. 927.123 Interest and late payment charges.
Payments received more than 45 days after the date on which they
are due shall be considered delinquent and subject to a late payment
charge of $25.00 or 2 percent of the total due, whichever is greater.
Payments received more than 60 days after the date on which they are
due shall be subject to a 1\1/2\ percent interest charge per month,
until final payment is made and interest shall be applied to the total
unpaid balance, including the late payment charge and any accumulated
interest. Any amount paid shall be credited when the payment is
received in the Control Committee office.
[[Page 59628]]
Reports
Sec. 927.125 Reports.
(a) Each shipper handling pears covered by an exemption certificate
shall keep an accurate record, in the manner provided on such
certificate, of all shipments of such pears. Such shipper, after having
shipped as many pears as authorized by the particular exemption
certificate, shall promptly mail to the Secretary of the Control
Committee, such handler's copy of the exemption certificate containing
an accurate record of such shipments.
(b) Each handler shall furnish to the Control Committee, as of
every other Friday, a report containing the following information on
Form 1 ``Handlers' Statement of Pear Shipments'':
(1) The number of standard western pear boxes (two half boxes shall
be counted as one box) of each variety of pears shipped by that handler
during the preceding two weeks;
(2) The date of each shipment;
(3) The ultimate destination, by city and state or city and
country; and
(4) The name and address of such handler. In addition, the handler
shall indicate, for each lot of pears shipped in accordance with the
provisions of Sec. 927.122, the storage lot number, and the name and
address of the storage warehouse.
(c) Each handler shall furnish to the Control Committee, as of
every other Friday, a ``Handler's Packout Report'' containing the
following information:
(1) The total of the packout of each variety;
(2) The quantity of each variety loose in storage;
(3) The volume of each variety sold; and
(4) The name and address of such handler.
(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.
(e) Each handler who has pears inspected and certificated in lots
larger than carload lots and who wishes to rely on such lot inspections
in lieu of inspection certificates for individual carlot shipments
shall deliver to the manager within 10 days after shipment of any such
pears a written report showing the quantity, variety, grade, and size
of the pears so shipped and the date of shipment thereof, and said
report shall identify such pears with the lot-inspection certificate
covering the same, and shall further show what portion of that lot
remains unshipped, and where located; such report shall be in addition
to, and not in lieu of, the handler's reports of shipments required
under paragraphs (b) and (c) of this section.
(f) Each handler shall specify on each bill of lading covering each
shipment the variety, and number of boxes thereof, of all pears
included in that shipment.
Sec. 927.142 Reserve fund.
(a) It is necessary and appropriate to establish and maintain an
operating reserve fund in an amount not to exceed approximately one
fiscal period's expenses to be used in accordance with the provisions
of Sec. 927.42 of the amended marketing agreement and this part, and
(b) Assessments collected for the period ended June 30, 1962, were
in excess of the expenses for such period and the committee is hereby
authorized to place $2,500 of such excess in said reserve.
Assessment Rate
Sec. 927.236 Assessment rate.
On and after July 1, 2004, an assessment rate of $0.49 per 44-pound
standard box or container equivalent of conventionally and organically
produced pears and, in addition, a supplemental assessment rate of
$0.01 per 44-pound standard box or container equivalent of Beurre
d'Anjou variety pears, excluding organically produced Beurre d'Anjou
pears, is established for the Winter Pear Control Committee.
Sec. 927.316 Handling regulation.
During the period August 15 through November 1, no person shall
handle any Beurre D'Anjou variety of pears for shipments to North
America (Continental United States, Mexico, or Canada), unless such
pears meet the following requirements:
(a) Beurre D'Anjou variety of pears shall have a certification by
the Federal-State Inspection Service, issued prior to shipment, showing
that the core/pulp temperature of such pears has been lowered to 35
degrees Fahrenheit or less and any such pears have an average pressure
test of 14 pounds or less. The handler shall submit, or cause to be
submitted, a copy of the certificate issued on the shipment to the
Control Committee.
(b) Each handler may ship on any one conveyance 8,800 pounds or
less of Beurre D'Anjou variety of pears without regard to the quality
and inspection requirements in paragraph (a) of this section.
Dated: October 7, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-20531 Filed 10-12-05; 8:45 am]
BILLING CODE 3410-02-P
