Fresh Bartlett Pears Grown in Oregon and Washington; Termination of Marketing Order No. 931, 76377-76378 [05-24487]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[Federal Register Volume 70, Number 247 (Tuesday, December 27, 2005)]
[Rules and Regulations]
[Pages 76377-76378]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24487]



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Federal Register / Vol. 70, No. 247 / Tuesday, December 27, 2005 / 
Rules and Regulations

[[Page 76377]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 931

[Docket No. FV05-931-1 FR]


Fresh Bartlett Pears Grown in Oregon and Washington; Termination 
of Marketing Order No. 931

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; termination order.

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SUMMARY: This rule terminates the marketing order for fresh Bartlett 
pears grown in Oregon and Washington, Marketing Order No. 931 (order), 
and the rules and regulations issued thereunder. On May 21, 2005, 
Marketing Order No. 927 was amended to include regulatory authority 
over Bartlett pears grown in Oregon and Washington, historically 
regulated by the order. That action anticipated the termination of 
Order No. 931. Thus, there is no need to continue the operation of the 
order.

DATES: Effective Date: January 26, 2006.

ADDRESSES: Melissa Schmaedick, Marketing Order Administration Branch, 
Fruit and Vegetable Programs, AMS, USDA, telephone (435) 259-7988, or 
Fax (435) 259-4945; or Susan M. Hiller, Northwest Marketing Field 
Office, Fruit and Vegetable Programs, AMS, USDA, telephone (503) 326-
2724, or Fax (503) 326-7440.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue, SW. STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or e-mail: Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This action is governed by the provisions of 
section 608c(16)(A) of the Agricultural Marketing Agreement Act of 
1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the 
``Act'' and Sec. 931.64 of the order.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    The termination of the order has been reviewed under Executive 
Order 12988, Civil Justice Reform. This rule is not intended to have 
retroactive effect. This action 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 a principal 
place of business, has jurisdiction to review the Secretary's ruling on 
the petition, provided an action is filed not later than 20 days after 
the date of the entry of the ruling.
    This rule terminates the order covering fresh Bartlett pears and 
the rules and regulations established thereunder. The order has been in 
effect since 1966. It authorizes the establishment of grade, size, 
quality, container and pack regulations for fresh Bartlett pears grown 
in Oregon and Washington, as well as marketing research and development 
projects. The program has been funded by assessments imposed on 
handlers of fresh Bartlett pears grown in Oregon and Washington.
    Section 931.64 of the order specifies that the Secretary may at any 
time terminate or suspend the operation of the order whenever he finds 
that such provisions do not tend to effectuate the declared policy of 
the Act. On May 21, 2005, Marketing Order No. 927 was amended to 
include regulatory authority over Bartlett pears grown in Oregon and 
Washington. That action anticipated the termination of Order No. 931. 
Bartlett pears have historically been regulated by the order.
    On September 8, 2005, the Northwest Fresh Bartlett Pear Marketing 
Committee (NWFBPMC), the administrative Committee for the order, voted 
unanimously in favor of terminating the program and transferring its 
assets to the committee administering the newly amended Marketing Order 
No. 927.
    Pursuant to section 8c(16)(A) of the Act and Sec.  931.64 of the 
order, USDA has determined that the order and all of its provisions 
should be terminated. Section 8c(16)(A) of the Act requires USDA to 
notify Congress at least 60 days before terminating a Federal marketing 
order program. Congress was so notified on October 11, 2005.
    Pursuant to Sec.  931.65 of the order, the members of the NWFBPMC 
shall serve as trustees to conclude and liquidate the affairs of the 
committee. The most recent fiscal period for the NWFBPMC began July 1, 
2004, and ended June 30, 2005. An annual financial audit was conducted 
and accounts were determined to be in conformity with generally 
accepted accounting principles for that period, with an operating 
reserve (net assets) of $43,753. The Committee has recommended 
transferring all NWFBPMC assets and records to the Fresh Pear 
Committee, newly established under Marketing Order No. 927.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), 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.
    Small agricultural producers have been defined by the Small 
Business Administration (SBA) (13 CFR 121.201) as those having annual 
receipts of less

[[Page 76378]]

than $750,000. Small agricultural service firms, which include handlers 
regulated under the order, are defined as those with annual receipts of 
less than $6,000,000.
    Industry and USDA statistics indicate that there are approximately 
1,850 pear growers in Oregon and Washington. Of that total, 1,345 
growers report fresh Bartlett pear production. There are 55 handlers 
that handle fresh Bartlett pears produced in Oregon and Washington.
    According to the Non-citrus Fruits and Nuts 2004 Summary issued in 
July 2005 by the National Agricultural Statistics Service, the total 
farm gate value of fresh Bartlett pears grown in Oregon and Washington 
for 2004 was $41,371,000. Therefore, the 2004 average gross revenue for 
a fresh Bartlett pear grower in Oregon and Washington was $30,759. 
Based on records of the Committee and recent f.o.b. prices for pears, 
over 76 percent of the handlers ship less than $6,000,000 worth of 
pears on an annual basis. Thus, it can be concluded that the majority 
of growers and handlers of Oregon and Washington fresh Bartlett pears 
may be classified as small entities.
    This final rule terminates the marketing order covering fresh 
Bartlett pears grown in Oregon and Washington and the rules and 
regulations established under the order.
    On May 21, 2005, Marketing Order No. 927 was amended to include 
regulatory authority over Bartlett pears grown in Oregon and 
Washington, historically regulated by the order. Washington and Oregon 
pear growers voting in a mail referendum held March 22 through April 8, 
2005, favored the consolidation of the two marketing orders into one 
program.
    On September 8, 2005, at a NWFBPMC telephone meeting, committee 
members motioned and voted to terminate the order. A record of the 
members voting, and confirmation in writing of the votes by each member 
as required by the NWFBPMC Bylaws regarding mail ballots, was submitted 
to USDA on September 28, 2005. The record indicates that the NWFBPMC 
voted unanimously in favor of terminating the order and transferring 
the program's assets to the Fresh Pear Committee, newly established 
under Marketing Order No. 927.
    Given that the provisions of the order have been incorporated into 
Marketing Order No. 927 and that the handling of fresh Bartlett pears 
will continue to be regulated under Marketing Order No. 927, USDA has 
determined that small growers or handlers will not be unduly or 
disproportionately burdened by the termination of this order. The 
termination reflects a shift in the regulatory oversight of fresh 
Bartlett pears from Marketing Order No. 931 to Marketing Order No. 927.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection requirements being terminated 
by this rule were previously approved by the Office of Management and 
Budget (OMB) under OMB No. 0581-0189, ``Generic OMB Fruit Crops.'' The 
total annual reporting burden for Fresh Bartlett Pears Grown in Oregon 
and Washington is 904.62 burden hours. The information collection for 
fresh Bartlett pears (Marketing Order No. 931) will be incorporated 
with Marketing Order No. 927, Pears Grown in Oregon and Washington 
(formerly Winter Pears Grown in Oregon and Washington), which is also 
part of the Generic OMB Fruit Crops package.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap or conflict with this final rule.
    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/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.
    It is further found that it is impractical, unnecessary, and 
contrary to the public interest to give preliminary notice, and that 
good cause exists for not postponing the effective date of this rule 
until 30 days after publication in the Federal Register (5 U.S.C. 553) 
because: (1) This action relieves restrictions on handlers by 
terminating the requirements of the marketing order; (2) handlers were 
given notice of amendments made to Federal Marketing Order No. 927 on 
May 21, 2005, which now regulates all pears grown in Oregon and 
Washington; and (3) no useful purpose would be served by delaying the 
effective date.
    After consideration of all relevant matter presented it is hereby 
found that the order, and the rules and regulations in effect under the 
order, no longer tend to effectuate the declared policy of the Act and, 
therefore, are terminated.

List of Subjects in 7 CFR Part 931

    Marketing agreements, Pears, Reporting and recordkeeping 
requirements.

PART 931--[REMOVED]

0
For the reasons set forth in the preamble, and under the authority of 7 
U.S.C. 601-674, 7 CFR part 931 is removed.

    Dated: December 21, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-24487 Filed 12-23-05; 8:45 am]
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