Fresh Prunes Grown in Designated Counties in Washington and in Umatilla County, OR; Termination of Marketing Order 924, 21618-21620 [2011-9318]
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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) This rule should be
implemented as soon as possible, since
shipments of California nectarines and
peaches are expected to begin in early
April; (2) less than the required twothirds majority of voters, by number or
production volume, favored
continuance of the nectarine and peach
orders in the recent referenda; (3)
handlers are aware of USDA’s intention
to suspend the regulations, which was
announced in a press release issued on
March 25, 2011; and (4) this rule
provides a 60-day comment period, and
any comments received will be
considered prior to finalization of this
rule.
List of Subjects
7 CFR Part 916
Marketing agreements, Nectarines,
Reporting and recordkeeping
requirements.
7 CFR Part 917
Marketing agreements, Peaches, Pears,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR parts 916 and 917 are
amended as follows:
1. The authority citation for 7 CFR
parts 916 and 917 continues to read as
follows:
■
Authority: 7 U.S.C. 601–674.
PART 916—NECTARINES GROWN IN
CALIFORNIA
2. In part 916, §§ 916.110, 916.115,
916.234, 916.235, 916.350, and 916.356
are suspended indefinitely, effective
April 19, 2011.
■
PART 917—FRESH PEARS AND
PEACHES GROWN IN CALIFORNIA
3. In part 917, § 917.143, paragraph
(b), lift the suspensions of March 3,
1994 (59 FR 10056); and suspend
§§ 917.143, 917.150, 917.258, 917.259,
917.442, and 917.459 indefinitely,
effective April 19, 2011.
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■
Dated: April 12, 2011.
David R. Shipman,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2011–9328 Filed 4–15–11; 8:45 am]
BILLING CODE 3410–02–P
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 924
[Docket No. AMS–FV–10–0053; FV10–924–
1 FR]
Fresh Prunes Grown in Designated
Counties in Washington and in
Umatilla County, OR; Termination of
Marketing Order 924
Agricultural Marketing Service,
USDA.
ACTION: Final rule, termination of order.
AGENCY:
This final rule terminates the
Federal marketing order regulating the
handling of fresh prunes grown in
designated counties in Washington and
in Umatilla County, Oregon, and the
rules and regulations issued thereunder.
The Department of Agriculture (USDA)
has determined that the marketing order
is no longer an effective marketing tool
for the fresh prune industry, and that
termination best serves the current
needs of the industry while also
eliminating the costs associated with the
operation of the marketing order.
DATES: Effective Date: April 19, 2011.
FOR FURTHER INFORMATION CONTACT:
Martin Engeler, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 2202
Monterey Street, Suite 102–B, Fresno,
California 93721, telephone: (559) 487–
5110, Fax: (559) 487–5906, or E-mail:
Martin.Engeler@ams.usda.gov; or Robert
Curry, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 805 SW Broadway, Suite
930, Portland, Oregon 97205, telephone:
(503) 326–2724, Fax: (503) 326–7440, or
E-mail: Robert.Curry@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Antoinette
Carter, 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:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
action is governed by 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 § 924.64 of
Marketing Agreement and Order No.
924, both as amended (7 CFR part 924),
effective under the Act and hereinafter
referred to as the ‘‘order.’’
USDA is issuing this rule in
conformance with Executive Order
12866.
SUMMARY:
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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. A 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.
This rule terminates Federal
Marketing Order No. 924 and the rules
and regulations issued thereunder. The
order contains authority for regulation
of the handling of fresh prunes grown in
designated counties in Washington and
in Umatilla County, Oregon. At a
meeting held in Prosser, Washington, on
June 1, 2010, the Committee
unanimously recommended termination
of the order.
Section 924.64 of the order provides,
in pertinent part, that USDA terminate
or suspend any or all provisions of the
order when a finding is made that the
order does not tend to effectuate the
declared policy of the Act. Section
608c(16)(A) of the Act provides that
USDA terminate or suspend the
operation of any order whenever the
order or provision thereof obstructs or
does not tend to effectuate the declared
policy of the Act. Additionally, USDA is
required to notify Congress not later
than 60 days before the date the order
would be terminated.
The order, which was effectuated in
1960, provided the fresh prune industry
in Washington and Oregon with
authority for grade, size, quality,
maturity, pack, and container
regulations, as well as authority for
mandatory inspection. The order also
contained authorization for production
research and marketing research and
development projects, as well as the
necessary reporting, recordkeeping, and
assessment functions required for
operation.
Based on the Committee’s
recommendation, USDA suspended the
order’s handling regulations on May 9,
2006 (71 FR 26817). The suspended
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18APR1
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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations
handling regulations (§ 924.319) consist
of minimum quality requirements for
certain fresh prunes produced within
the regulated production area. When the
Committee made the recommendation
to suspend the handling regulations, the
industry believed that the costs of
inspection outweighed the benefits of
having the regulatory requirements in
effect. The Committee decided to
evaluate the marketing conditions
annually thereafter to determine
whether to continue the regulatory
suspension, reinstate handling
regulations, or take some other action.
The only regulatory provisions in effect
after the 2006 suspension were those
pertaining to collection of assessments
for the purpose of maintaining the
functionality of the Committee, and a
reporting provision that provided a
basis for assessment collection.
After four years of operating without
the quality regulations in effect, the
Committee, on June 1, 2010, determined
that the suspension of the regulations
had not negatively impacted the
marketing of fresh Washington-Oregon
prunes. Analysis of the marketing
conditions between 2006 and 2010, as
well as an analysis of statistics showing
that the fresh prune industry has been
in steady decline over the past several
decades, led the Committee to conclude
that the order is no longer an effective
marketing tool for the fresh prune
industry, and to subsequently
recommend termination.
For the purpose of relieving the
industry of regulation while the
termination request was processed, an
interim rule suspending the order’s
reporting and assessment requirements
was published in the Federal Register
on July 23, 2010 (75 FR 43039).
Evidence supporting the conclusion
that the industry has been decreasing in
scope and volume include statistics
showing that the Washington-Oregon
fresh prune industry has fewer
producers and handlers today then there
were when the order was promulgated,
and that acreage and production has
significantly declined as well. For
example, USDA Marketing Order
Administration Branch records from an
amendatory referendum indicate that
there were approximately 720 producers
of fresh prunes in the order’s production
area in 1974, while the Committee’s
2010 records show that there were only
56 active producers. Furthermore,
Committee records indicate that there
were 51 handlers in 1961—the year after
the order was promulgated—as opposed
to six handlers operating under the
order in 2010. Committee records also
indicate that 12,120 tons of fresh prunes
were shipped in 1961 as compared to
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15:17 Apr 15, 2011
Jkt 223001
the 4,260 tons shipped in 2009. Finally,
data provided by the USDA National
Agricultural Statistics Service (NASS)
indicates that prune acreage in
Washington and Oregon has declined in
the past 50 years by about 80 percent.
Final Regulatory Flexibility Analysis
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA),
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
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 the 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.
During the 2009–2010 marketing year,
there were six handlers of WashingtonOregon fresh prunes subject to
regulation under the order and
approximately 56 fresh prune producers
in the regulated production area. Small
agricultural service firms are defined by
the Small Business Administration
(SBA) (13 CFR 121.201) as those having
annual receipts of less than $7,000,000,
and small agricultural producers are
defined as those having annual receipts
of less than $750,000.
Based on information compiled by
both the Committee and NASS, the
average producer price for fresh prunes
in 2009 was approximately $385 per
ton. With 4,260 tons of fresh prunes
shipped from the Washington and
Oregon production areas in 2009, this
equates to average producer revenue of
about $30,000. In addition, AMS Market
News Service reported that 2009 f.o.b.
prices ranged from $12.00 to $18.00 per
30-pound container, indicating that the
entire Washington-Oregon fresh prune
industry handled less than $7,000,000
worth of prunes last season. In view of
the foregoing, the majority of
Washington-Oregon fresh prune
producers and handlers may be
classified as small entities.
This rule terminates the Federal
marketing order for fresh prunes grown
in Washington and Oregon, including
the rules and regulations issued
thereunder. The order contained
authority to regulate the handling of
fresh prunes grown in designated
counties in Washington and in Umatilla
County, Oregon.
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21619
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 approved previously by the
Office of Management and Budget
(OMB) and assigned OMB No. 0581–
0189. Termination of the reporting
requirements is expected to reduce the
total reporting burden on the handlers
regulated under the order by about 2.5
hours, and should also further reduce
industry expenses.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
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
Antoinette Carter at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
A proposed rule inviting comments
regarding the termination of Marketing
Order 924 was published in the Federal
Register on November 8, 2010 (75 FR
68510). The rule was made available by
the Committee to handlers and
producers. In addition, the rule was
made available through the Internet by
the USDA and the Office of the Federal
Register. The rule provided a 60-day
comment period which ended on
January 7, 2011. No comments were
received.
Based on the foregoing, and pursuant
to section 608c(16)(A) of the Act and
§ 924.64 of the order, it is hereby found
that Federal marketing order 924
regulating the handling of fresh prunes
produced in designated counties in
Washington, and in Umatilla County,
Oregon, does not tend to effectuate the
declared policy of the Act, and is
therefore 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 February 2, 2011. USDA
hereby appoints Committee Chairman
Paul Rush and Committee SecretaryTreasurer Ron Eakin as trustees to
conclude and liquidate the affairs of the
Committee and to continue in such
capacity until discharged.
It is further found 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
fresh prune order; (2) handling
regulations under the order have been
suspended since 2006; (3) the
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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations
Committee unanimously recommended
termination, and all handlers and
producers in the industry have been
notified and provided an opportunity to
comment; and (4) no useful purpose
would be served by delaying the
effective date.
List of Subjects in 7 CFR Part 924
Prunes, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 924—[REMOVED]
Dated: April 12, 2011.
David R. Shipman,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2011–9318 Filed 4–15–11; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 925
[Doc. No. AMS–FV–10–0104; FV11–925–1
FR]
Grapes Grown in Designated Area of
Southeastern California; Increased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule increases the
assessment rate established for the
California Desert Grape Administrative
Committee (Committee) for the 2011
and subsequent fiscal periods from
$0.01 to $0.0125 per 18-pound lug of
grapes handled. The Committee locally
administers the marketing order, which
regulates the handling of grapes grown
in a designated area of southeastern
California. Assessments upon grape
handlers are used by the Committee to
fund reasonable and necessary expenses
of the program. The fiscal period began
January 1 and ends December 31. The
assessment rate will remain in effect
indefinitely unless modified, suspended
or terminated.
DATES: Effective Date: April 19, 2011.
FOR FURTHER INFORMATION CONTACT: Jerry
L. Simmons, Marketing Specialist, or
Kurt J. Kimmel, Regional Manager,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
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SUMMARY:
15:17 Apr 15, 2011
This rule
is issued under Marketing Order No.
925, as amended (7 CFR part 925),
regulating the handling of grapes grown
in a designated area of southeastern
California, hereinafter referred to as the
‘‘order.’’ 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 Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, grape handlers in a designated
area of southeastern California are
subject to assessments. Funds to
administer the order are derived from
such assessments. It is intended that the
assessment rate as issued herein will be
applicable to all assessable grapes
beginning on January 1, 2011, and
continue until amended, suspended, or
terminated.
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.
This rule increases the assessment
rate established for the Committee for
the 2011 and subsequent fiscal periods
from $0.01 to $0.0125 per 18-pound lug
of grapes.
SUPPLEMENTARY INFORMATION:
For the reasons set forth in the
preamble, and under authority of 7
U.S.C. 601–674, 7 CFR part 924 is
removed.
■
VerDate Mar<15>2010
5901, Fax: (559) 487–5906, or E-mail:
Jerry.Simmons@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Antoinette
Carter, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Ave.,
SW., STOP 0237, Washington, DC
20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Antoinette.Carter@ams.usda.gov.
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The grape order provides authority for
the Committee, with the approval of
USDA, to formulate an annual budget of
expenses and collect assessments from
handlers to administer the program. The
members of the Committee are
producers and handlers of grapes grown
in a designated area of southeastern
California. They are familiar with the
Committee’s needs and with the costs
for goods and services in their local area
and are thus in a position to formulate
an appropriate budget and assessment
rate. The assessment rate is formulated
and discussed in a public meeting.
Thus, all directly affected persons have
an opportunity to participate and
provide input.
For the 2009 and subsequent fiscal
periods, the Committee recommended,
and the USDA approved, an assessment
rate that would continue in effect from
fiscal period to fiscal period unless
modified, suspended, or terminated by
USDA upon recommendation and
information submitted by the
Committee or other information
available to USDA.
The Committee met on October 21,
2010, and unanimously recommended
2011 expenditures of $89,616 and an
assessment rate of $0.0125 per 18-pound
lug of grapes handled. In comparison,
last year’s budgeted expenditures were
$73,666. The assessment rate of $0.0125
is $0.0025 higher than the rate currently
in effect. The Committee recommended
a higher assessment rate to offset the
2011 budget increases in research,
general office expenses, management
and compliance expenses, as well as a
decreased crop estimate. The Committee
estimated a decreased 2011 crop of
6,000,000 18-pound lugs of grapes
handled, which is about 604,951 18pound lugs fewer than the 6,604,951 18pound lugs handled during the 2010
fiscal period. Based on increases in
expenses and a decreased crop estimate,
the Committee unanimously
recommended that the assessment rate
of $0.01 currently in effect be increased
by $0.0025. Income derived from
handler assessments, along with funds
from the Committee’s authorized
reserve, should be adequate to cover
budgeted expenses.
The major expenditures
recommended by the Committee for the
2011 fiscal period include $10,000 for
research, $15,616 for general office
expenses, and $64,000 for management
and compliance expenses. The $10,000
research project is a for a new vine
study proposed by the University of
California Riverside. In comparison,
major expenditures for the 2010 fiscal
period included no funds for research,
$13,666 for general office expenses, and
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]]>Agencies
[Federal Register Volume 76, Number 74 (Monday, April 18, 2011)]
[Rules and Regulations]
[Pages 21618-21620]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-9318]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 924
[Docket No. AMS-FV-10-0053; FV10-924-1 FR]
Fresh Prunes Grown in Designated Counties in Washington and in
Umatilla County, OR; Termination of Marketing Order 924
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule, termination of order.
-----------------------------------------------------------------------
SUMMARY: This final rule terminates the Federal marketing order
regulating the handling of fresh prunes grown in designated counties in
Washington and in Umatilla County, Oregon, and the rules and
regulations issued thereunder. The Department of Agriculture (USDA) has
determined that the marketing order is no longer an effective marketing
tool for the fresh prune industry, and that termination best serves the
current needs of the industry while also eliminating the costs
associated with the operation of the marketing order.
DATES: Effective Date: April 19, 2011.
FOR FURTHER INFORMATION CONTACT: Martin Engeler, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202
Monterey Street, Suite 102-B, Fresno, California 93721, telephone:
(559) 487-5110, Fax: (559) 487-5906, or E-mail:
Martin.Engeler@ams.usda.gov; or Robert Curry, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 805 SW
Broadway, Suite 930, Portland, Oregon 97205, telephone: (503) 326-2724,
Fax: (503) 326-7440, or E-mail: Robert.Curry@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Antoinette Carter, 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:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This action is governed by 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. 924.64 of Marketing Agreement and Order No. 924, both as amended
(7 CFR part 924), effective under the Act and hereinafter referred to
as the ``order.''
USDA is issuing this rule in conformance with Executive Order
12866.
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. A
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.
This rule terminates Federal Marketing Order No. 924 and the rules
and regulations issued thereunder. The order contains authority for
regulation of the handling of fresh prunes grown in designated counties
in Washington and in Umatilla County, Oregon. At a meeting held in
Prosser, Washington, on June 1, 2010, the Committee unanimously
recommended termination of the order.
Section 924.64 of the order provides, in pertinent part, that USDA
terminate or suspend any or all provisions of the order when a finding
is made that the order does not tend to effectuate the declared policy
of the Act. Section 608c(16)(A) of the Act provides that USDA terminate
or suspend the operation of any order whenever the order or provision
thereof obstructs or does not tend to effectuate the declared policy of
the Act. Additionally, USDA is required to notify Congress not later
than 60 days before the date the order would be terminated.
The order, which was effectuated in 1960, provided the fresh prune
industry in Washington and Oregon with authority for grade, size,
quality, maturity, pack, and container regulations, as well as
authority for mandatory inspection. The order also contained
authorization for production research and marketing research and
development projects, as well as the necessary reporting,
recordkeeping, and assessment functions required for operation.
Based on the Committee's recommendation, USDA suspended the order's
handling regulations on May 9, 2006 (71 FR 26817). The suspended
[[Page 21619]]
handling regulations (Sec. 924.319) consist of minimum quality
requirements for certain fresh prunes produced within the regulated
production area. When the Committee made the recommendation to suspend
the handling regulations, the industry believed that the costs of
inspection outweighed the benefits of having the regulatory
requirements in effect. The Committee decided to evaluate the marketing
conditions annually thereafter to determine whether to continue the
regulatory suspension, reinstate handling regulations, or take some
other action. The only regulatory provisions in effect after the 2006
suspension were those pertaining to collection of assessments for the
purpose of maintaining the functionality of the Committee, and a
reporting provision that provided a basis for assessment collection.
After four years of operating without the quality regulations in
effect, the Committee, on June 1, 2010, determined that the suspension
of the regulations had not negatively impacted the marketing of fresh
Washington-Oregon prunes. Analysis of the marketing conditions between
2006 and 2010, as well as an analysis of statistics showing that the
fresh prune industry has been in steady decline over the past several
decades, led the Committee to conclude that the order is no longer an
effective marketing tool for the fresh prune industry, and to
subsequently recommend termination.
For the purpose of relieving the industry of regulation while the
termination request was processed, an interim rule suspending the
order's reporting and assessment requirements was published in the
Federal Register on July 23, 2010 (75 FR 43039).
Evidence supporting the conclusion that the industry has been
decreasing in scope and volume include statistics showing that the
Washington-Oregon fresh prune industry has fewer producers and handlers
today then there were when the order was promulgated, and that acreage
and production has significantly declined as well. For example, USDA
Marketing Order Administration Branch records from an amendatory
referendum indicate that there were approximately 720 producers of
fresh prunes in the order's production area in 1974, while the
Committee's 2010 records show that there were only 56 active producers.
Furthermore, Committee records indicate that there were 51 handlers in
1961--the year after the order was promulgated--as opposed to six
handlers operating under the order in 2010. Committee records also
indicate that 12,120 tons of fresh prunes were shipped in 1961 as
compared to the 4,260 tons shipped in 2009. Finally, data provided by
the USDA National Agricultural Statistics Service (NASS) indicates that
prune acreage in Washington and Oregon has declined in the past 50
years by about 80 percent.
Final Regulatory Flexibility Analysis
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), 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
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 the 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.
During the 2009-2010 marketing year, there were six handlers of
Washington-Oregon fresh prunes subject to regulation under the order
and approximately 56 fresh prune producers in the regulated production
area. Small agricultural service firms are defined by the Small
Business Administration (SBA) (13 CFR 121.201) as those having annual
receipts of less than $7,000,000, and small agricultural producers are
defined as those having annual receipts of less than $750,000.
Based on information compiled by both the Committee and NASS, the
average producer price for fresh prunes in 2009 was approximately $385
per ton. With 4,260 tons of fresh prunes shipped from the Washington
and Oregon production areas in 2009, this equates to average producer
revenue of about $30,000. In addition, AMS Market News Service reported
that 2009 f.o.b. prices ranged from $12.00 to $18.00 per 30-pound
container, indicating that the entire Washington-Oregon fresh prune
industry handled less than $7,000,000 worth of prunes last season. In
view of the foregoing, the majority of Washington-Oregon fresh prune
producers and handlers may be classified as small entities.
This rule terminates the Federal marketing order for fresh prunes
grown in Washington and Oregon, including the rules and regulations
issued thereunder. The order contained authority to regulate the
handling of fresh prunes grown in designated counties in Washington and
in Umatilla County, Oregon.
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 approved previously by the Office of Management and
Budget (OMB) and assigned OMB No. 0581-0189. Termination of the
reporting requirements is expected to reduce the total reporting burden
on the handlers regulated under the order by about 2.5 hours, and
should also further reduce industry expenses.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this rule.
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 Antoinette Carter at the previously mentioned
address in the FOR FURTHER INFORMATION CONTACT section.
A proposed rule inviting comments regarding the termination of
Marketing Order 924 was published in the Federal Register on November
8, 2010 (75 FR 68510). The rule was made available by the Committee to
handlers and producers. In addition, the rule was made available
through the Internet by the USDA and the Office of the Federal
Register. The rule provided a 60-day comment period which ended on
January 7, 2011. No comments were received.
Based on the foregoing, and pursuant to section 608c(16)(A) of the
Act and Sec. 924.64 of the order, it is hereby found that Federal
marketing order 924 regulating the handling of fresh prunes produced in
designated counties in Washington, and in Umatilla County, Oregon, does
not tend to effectuate the declared policy of the Act, and is therefore
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 February 2, 2011. USDA hereby appoints
Committee Chairman Paul Rush and Committee Secretary-Treasurer Ron
Eakin as trustees to conclude and liquidate the affairs of the
Committee and to continue in such capacity until discharged.
It is further found 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 fresh
prune order; (2) handling regulations under the order have been
suspended since 2006; (3) the
[[Page 21620]]
Committee unanimously recommended termination, and all handlers and
producers in the industry have been notified and provided an
opportunity to comment; and (4) no useful purpose would be served by
delaying the effective date.
List of Subjects in 7 CFR Part 924
Prunes, Marketing agreements, Reporting and recordkeeping
requirements.
PART 924--[REMOVED]
0
For the reasons set forth in the preamble, and under authority of 7
U.S.C. 601-674, 7 CFR part 924 is removed.
Dated: April 12, 2011.
David R. Shipman,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2011-9318 Filed 4-15-11; 8:45 am]
BILLING CODE P
