Pears Grown in Oregon and Washington; Amendment To Allow Additional Exemptions, 27848-27849 [2011-11714]
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27848
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
by-case basis to be determined at the time a
request is made, for the following reasons:
(a) From subsection (c)(3) and (c)(4)
(Accounting for Disclosures) because release
of the accounting of disclosures could alert
the subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation to the existence of the investigation,
and reveal investigative interest on the part
of DHS as well as the recipient agency.
Disclosure of the accounting would therefore
present a serious impediment to law
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
accounting would also permit the individual
who is the subject of a record to impede the
investigation, to tamper with witnesses or
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative process.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation, to the existence of the
investigation, and reveal investigative
interest on the part of DHS or another agency.
Access to the records could permit the
individual who is the subject of a record to
impede the investigation, to tamper with
witnesses or evidence, and to avoid detection
or apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement activities and would
impose an impossible administrative burden
by requiring investigations to be
continuously reinvestigated. In addition,
permitting access and amendment to such
information could disclose security-sensitive
information that could be detrimental to
homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of federal law, the accuracy of
information obtained or introduced
occasionally may be unclear or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of an
investigation, thereby interfering with the
related investigation and law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information would impede law enforcement
in that it could compromise investigations by
revealing the existence of an otherwise
confidential investigation and thereby
provide an opportunity for the subject of an
investigation to conceal evidence, alter
patterns of behavior, or take other actions
that could thwart investigative efforts; reveal
the identity of witnesses in investigations,
thereby providing an opportunity for the
subjects of the investigations or others to
harass, intimidate, or otherwise interfere
VerDate Mar<15>2010
15:13 May 12, 2011
Jkt 223001
with the collection of evidence or other
information from such witnesses; or reveal
the identity of confidential informants,
which would negatively affect the
informant’s usefulness in any ongoing or
future investigations and discourage
members of the public from cooperating as
confidential informants in any future
investigations.
(f) From subsections (e)(4)(G), (e)(4)(H),
and (e)(4)(I) (Agency Requirements), and (f)
(Agency Rules) because portions of this
system are exempt from the individual access
provisions of subsection (d) for the reasons
noted above, and therefore DHS is not
required to establish requirements, rules, or
procedures with respect to such access.
Providing notice to individuals with respect
to existence of records pertaining to them in
the system of records or otherwise setting up
procedures pursuant to which individuals
may access and view records pertaining to
themselves in the system would undermine
investigative efforts and reveal the identities
of witnesses, and potential witnesses, and
confidential informants.
(g) From subsection (e)(5) (Collection of
Information) because in the collection of
information for law enforcement purposes it
is impossible to determine in advance what
information is accurate, relevant, timely, and
complete. Compliance with (e)(5) would
preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’ ability to obtain, serve,
and issue subpoenas, warrants, and other law
enforcement mechanisms that may be filed
under seal, and could result in disclosure of
investigative techniques, procedures, and
evidence.
(i) From subsection (g) to the extent that
the system is exempt from other specific
subsections of the Privacy Act relating to
individuals’ rights to access and amend their
records contained in the system. Therefore
DHS is not required to establish rules or
procedures pursuant to which individuals
may seek a civil remedy for the agency’s:
refusal to amend a record; refusal to comply
with a request for access to records; failure
to maintain accurate, relevant, timely and
complete records; or failure to otherwise
comply with an individual’s right to access
or amend records.
Dated: April 19, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2011–11689 Filed 5–12–11; 8:45 am]
BILLING CODE 9110–04–P
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS–FV–10–0072; FV10–927–1
FIR]
Pears Grown in Oregon and
Washington; Amendment To Allow
Additional Exemptions
Agricultural Marketing Service,
USDA.
ACTION: Adoption of interim rule as
final.
AGENCY:
The Department of
Agriculture is adopting, as a final rule,
without change, an interim rule that
added an exemption to the marketing
order for Oregon-Washington pears that
provides for the sale of fresh pears
directly to consumers without regard to
regulation. For each customer, the
interim rule provided an exemption for
consumer-direct sales of up to 220
pounds of fresh pears per transaction,
for home use only, made directly at
orchards, packing facilities, roadside
stands, or farmers’ markets without
regard to the marketing order’s
assessment, reporting, handling, and
inspection requirements. This action is
intended to provide increased marketing
flexibility to small pear handlers, while
facilitating the sale of fresh, local pears
directly to consumers.
DATES: Effective May 16, 2011.
FOR FURTHER INFORMATION CONTACT:
Teresa Hutchinson or Gary Olson,
Northwest Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, Portland, Oregon;
Telephone: (503) 326–2724, Fax: (503)
326–7440, or E-mail:
Teresa.Hutchinson@ams.usda.gov or
Gary D.Olson@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order regulations by
viewing a guide at the following Web
site: https://www.ams.usda.gov/
Marketing Orders Small Business Guide;
or by contacting Laurel May, 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:
Laurel.May@ams.usda.gov.
SUMMARY:
This rule
is issued under Marketing Order No.
927, as amended (7 CFR part 927),
regulating the handling of pears grown
in Oregon and Washington, hereinafter
SUPPLEMENTARY INFORMATION:
Sfmt 4700
E:\FR\FM\13MYR1.SGM
13MYR1
Federal Register / Vol. 76, No. 93 / Friday, May 13, 2011 / Rules and Regulations
WReier-Aviles on DSKGBLS3C1PROD with RULES
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.
The handling of pears grown in
Oregon and Washington is regulated by
7 CFR part 927. This rule continues in
effect the interim rule that added an
exemption for consumer-direct sales of
up to 220 pounds of fresh pears per
customer and transaction, for home use
only, and made directly at orchards,
packing facilities, roadside stands, or
farmers’ markets. These consumer-direct
sales are exempt from the marketing
order’s assessment, reporting, handling,
and inspection requirements. The
Committee believes that the volume
represented by these pear sales is
insignificant and will not adversely
affect the domestic and international
marketing of commercial quantities of
fresh pears. The majority of promotional
funds collected by the Committee are
utilized for large-scale promotional
efforts that do not have a direct
relationship or benefit to these
consumer-direct sales. This exemption
provides regulatory flexibility to small
pear handlers, while facilitating the sale
of fresh, local pears directly to
consumers.
In an interim rule published in the
Federal Register on January 25, 2011,
and effective on January 26, 2011, (76
FR 4202, Doc. No. AMS–FV–10–0072,
FV10–927–1 IR), a new § 927.122 was
added to the order’s rules and
regulations providing for the consumerdirect exemption.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action 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 rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 1,537
growers of fresh pears in the regulated
production area and approximately 38
VerDate Mar<15>2010
17:40 May 12, 2011
Jkt 223001
handlers subject to regulation under the
order. Small agricultural growers are
defined by the Small Business
Administration (SBA)(13 CFR 121.201)
as those having annual receipts of less
than $750,000, and small agricultural
service firms are defined as those whose
annual receipts are less than $7,000,000.
According to the Noncitrus Fruits and
Nuts 2010 Preliminary Summary issued
in January 2010 by the National
Agricultural Statistics Service, the
average 2009 fresh pear price of $456
per ton places the farm-gate value of
fresh pears grown in Oregon and
Washington at $202,053,810. Based on
the number of fresh pear growers in the
Oregon-Washington production area,
the average gross revenue for each
grower can be estimated at
approximately $131,460. Furthermore,
based on Committee records, the
Committee has estimated that 56
percent of Northwest pear handlers
currently ship less than $7,000,000
worth of fresh pears on an annual basis.
From this information, it is concluded
that the majority of growers and
handlers of Oregon and Washington
pears may be classified as small entities.
This rule continues in effect the
action that exempts from regulation
fresh pears that are sold directly to
consumers—in quantities of 220 pounds
or less per customer and transaction—
at orchards, packing houses, roadside
stands, and farmers’ markets. This
change provides small pear handlers
with increased marketing flexibility
while facilitating the sale of pears in
local markets. Section § 927.65(b) of the
order authorizes the establishment of
regulations that exempt specified
quantities of pears, or types of pear
shipments from the order.
This action is expected to have a
beneficial impact on the Northwest pear
industry, especially on small growers
and handlers. The Committee’s goal is
that this exemption will reduce overall
costs to the pear industry, relax the
burden on small businesses, and
facilitate the distribution of fruit at the
local level. The Committee believes that
this action will be especially beneficial
to small independent businesses
because such agricultural operations
tend to utilize roadside stands and
farmers’ markets more than do large,
vertically integrated entities. The
Committee has stated that the majority
of pear handlers are small businesses
under the SBA definition. Although this
rule was recommended by the
Committee with the goal of helping
small pear grower handlers and
handlers, it does not prevent large
businesses from realizing the same
benefits.
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Frm 00003
Fmt 4700
Sfmt 4700
27849
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
pear handlers. As with all Federal
marketing order programs, reports and
forms are periodically reviewed to
reduce information requirements and
duplication by industry and public
sector agencies. In addition, USDA has
not identified any relevant Federal rules
that duplicate, overlap or conflict with
this rule.
Further, the Committee’s meeting was
widely publicized throughout the
Oregon-Washington pear industry and
all interested persons were invited to
participate in Committee deliberations.
Like all Committee meetings, the April
22, 2010, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
Comments on the interim rule were
required to be received on or before
March 28, 2011. No comments were
received. Therefore, for the reasons
given in the interim rule, USDA is
adopting the interim rule as a final rule,
without change.
To view the interim rule, go to:
https://www.regulations.gov/
#!documentDetail;D=AMS-FV-10-0072–
0001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866 and 12988, the
Paperwork Reduction Act (44 U.S.C.
Chapter 35), and the E-Gov Act (44
U.S.C. 101).
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (76 FR 4202, January 25, 2011)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears,
Reporting and recordkeeping
requirements.
PART 927—PEARS GROWN IN
OREGON AND WASHINGTON
Accordingly, the interim rule that
amended 7 CFR part 927 and that was
published at 76 FR 4202 on January 25,
2011, is adopted as a final rule, without
change.
Dated: May, 9, 2011.
Ellen King,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2011–11714 Filed 5–12–11; 8:45 am]
BILLING CODE 3410–02–P
E:\FR\FM\13MYR1.SGM
13MYR1
]]>Agencies
[Federal Register Volume 76, Number 93 (Friday, May 13, 2011)]
[Rules and Regulations]
[Pages 27848-27849]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11714]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS-FV-10-0072; FV10-927-1 FIR]
Pears Grown in Oregon and Washington; Amendment To Allow
Additional Exemptions
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Adoption of interim rule as final.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture is adopting, as a final rule,
without change, an interim rule that added an exemption to the
marketing order for Oregon-Washington pears that provides for the sale
of fresh pears directly to consumers without regard to regulation. For
each customer, the interim rule provided an exemption for consumer-
direct sales of up to 220 pounds of fresh pears per transaction, for
home use only, made directly at orchards, packing facilities, roadside
stands, or farmers' markets without regard to the marketing order's
assessment, reporting, handling, and inspection requirements. This
action is intended to provide increased marketing flexibility to small
pear handlers, while facilitating the sale of fresh, local pears
directly to consumers.
DATES: Effective May 16, 2011.
FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, Portland, Oregon;
Telephone: (503) 326-2724, Fax: (503) 326-7440, or E-mail:
Teresa.Hutchinson@ams.usda.gov or Gary D.Olson@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: https://www.ams.usda.gov/Marketing Orders Small Business
Guide; or by contacting Laurel May, 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: Laurel.May@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 927, as amended (7 CFR part 927), regulating the handling of pears
grown in Oregon and Washington, hereinafter
[[Page 27849]]
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.
The handling of pears grown in Oregon and Washington is regulated
by 7 CFR part 927. This rule continues in effect the interim rule that
added an exemption for consumer-direct sales of up to 220 pounds of
fresh pears per customer and transaction, for home use only, and made
directly at orchards, packing facilities, roadside stands, or farmers'
markets. These consumer-direct sales are exempt from the marketing
order's assessment, reporting, handling, and inspection requirements.
The Committee believes that the volume represented by these pear sales
is insignificant and will not adversely affect the domestic and
international marketing of commercial quantities of fresh pears. The
majority of promotional funds collected by the Committee are utilized
for large-scale promotional efforts that do not have a direct
relationship or benefit to these consumer-direct sales. This exemption
provides regulatory flexibility to small pear handlers, while
facilitating the sale of fresh, local pears directly to consumers.
In an interim rule published in the Federal Register on January 25,
2011, and effective on January 26, 2011, (76 FR 4202, Doc. No. AMS-FV-
10-0072, FV10-927-1 IR), a new Sec. 927.122 was added to the order's
rules and regulations providing for the consumer-direct exemption.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action 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 rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 1,537 growers of fresh pears in the
regulated production area and approximately 38 handlers subject to
regulation under the order. Small agricultural growers are defined by
the Small Business Administration (SBA)(13 CFR 121.201) as those having
annual receipts of less than $750,000, and small agricultural service
firms are defined as those whose annual receipts are less than
$7,000,000.
According to the Noncitrus Fruits and Nuts 2010 Preliminary Summary
issued in January 2010 by the National Agricultural Statistics Service,
the average 2009 fresh pear price of $456 per ton places the farm-gate
value of fresh pears grown in Oregon and Washington at $202,053,810.
Based on the number of fresh pear growers in the Oregon-Washington
production area, the average gross revenue for each grower can be
estimated at approximately $131,460. Furthermore, based on Committee
records, the Committee has estimated that 56 percent of Northwest pear
handlers currently ship less than $7,000,000 worth of fresh pears on an
annual basis. From this information, it is concluded that the majority
of growers and handlers of Oregon and Washington pears may be
classified as small entities.
This rule continues in effect the action that exempts from
regulation fresh pears that are sold directly to consumers--in
quantities of 220 pounds or less per customer and transaction--at
orchards, packing houses, roadside stands, and farmers' markets. This
change provides small pear handlers with increased marketing
flexibility while facilitating the sale of pears in local markets.
Section Sec. 927.65(b) of the order authorizes the establishment of
regulations that exempt specified quantities of pears, or types of pear
shipments from the order.
This action is expected to have a beneficial impact on the
Northwest pear industry, especially on small growers and handlers. The
Committee's goal is that this exemption will reduce overall costs to
the pear industry, relax the burden on small businesses, and facilitate
the distribution of fruit at the local level. The Committee believes
that this action will be especially beneficial to small independent
businesses because such agricultural operations tend to utilize
roadside stands and farmers' markets more than do large, vertically
integrated entities. The Committee has stated that the majority of pear
handlers are small businesses under the SBA definition. Although this
rule was recommended by the Committee with the goal of helping small
pear grower handlers and handlers, it does not prevent large businesses
from realizing the same benefits.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large pear handlers. As with all
Federal marketing order programs, reports and forms are periodically
reviewed to reduce information requirements and duplication by industry
and public sector agencies. In addition, USDA has not identified any
relevant Federal rules that duplicate, overlap or conflict with this
rule.
Further, the Committee's meeting was widely publicized throughout
the Oregon-Washington pear industry and all interested persons were
invited to participate in Committee deliberations. Like all Committee
meetings, the April 22, 2010, meeting was a public meeting and all
entities, both large and small, were able to express views on this
issue.
Comments on the interim rule were required to be received on or
before March 28, 2011. No comments were received. Therefore, for the
reasons given in the interim rule, USDA is adopting the interim rule as
a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/#!documentDetail;D=AMS-FV-10-0072-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866 and 12988, the Paperwork Reduction
Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (76 FR 4202, January 25, 2011) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears, Reporting and recordkeeping
requirements.
PART 927--PEARS GROWN IN OREGON AND WASHINGTON
Accordingly, the interim rule that amended 7 CFR part 927 and that
was published at 76 FR 4202 on January 25, 2011, is adopted as a final
rule, without change.
Dated: May, 9, 2011.
Ellen King,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-11714 Filed 5-12-11; 8:45 am]
BILLING CODE 3410-02-P
