Nectarines and Fresh Peaches Grown in California; Termination of Marketing Order 916 and the Peach Provisions of Marketing Order 917, 31888-31892 [2011-13498]

Download as PDF 31888 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules srobinson on DSK4SPTVN1PROD with PROPOSALS Lastly, AFFI suggested that with the criteria for ‘‘Cap Ends’’ above and the tolerances given for ‘‘Tough Fiber’’, the ‘‘Inedible Stems’’ category was no longer needed. Subsequent to their submission of comments, and upon further discussion with AFFI through several discussion drafts between September 2008 and February 2011, the following changes also were proposed. From the definition of ‘‘Appearance’’, the reference to ‘‘for regular process’’ would be deleted. This terminology does not apply to the concept of the term, ‘‘Appearance’’ and its elimination from the proposed standards would have no impact on the grade of the product. Also, in the definition of the term, Appearance, under Good Appearance, ‘‘reasonably free’’ would be changed to ‘‘practically free’’, and under ‘‘Reasonably Good Appearance,’’ ‘‘fairly free’’ would be changed to ‘‘reasonably free’’. Under the term, ‘‘Flavor and odor,’’ in the reference to ‘‘Normal flavor and odor,’’ ‘‘Normal’’ would be changed to ‘‘Reasonably Good’’. These changes would provide a uniform format consistent with recent revisions of other U.S. grade standards. The term, ‘‘Hard, woody okra material’’ would be added to the standards. These terms and allowances currently are in the USDA grading manual for frozen okra effective January 1996, and as such, the standards should be updated. This proposed revision of the frozen okra standard would revise the text of the standard to provide a common language for trade and better reflect the current marketing of frozen okra. The official grade of a lot of frozen okra covered by these standards is determined by the procedures set forth in the ‘‘Regulations Governing Inspection and Certification of Processed Products Thereof, and Certain Other Processed Food Products (§ 52.1 to 52.83).’’ AMS is publishing this notice with a sixty day comment period that will provide a sufficient amount of time for interested persons to comment on the proposed revision to the standards. Authority: 7 U.S.C. 1621–1627. Dated: May 9, 2011. Ellen King, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2011–11718 Filed 6–1–11; 8:45 am] BILLING CODE 3410–02–P VerDate Mar<15>2010 16:38 Jun 01, 2011 Jkt 223001 SUMMARY: California Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone: (559) 487– 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 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. Comments must be received by June 17, 2011. ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Fax: (202) 720–8938; or Internet: http://www.regulations.gov. All comments should reference the document number and the date and page number of this issue of the Federal Register and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: http:// www.regulations.gov. All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the Internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Jerry L. Simmons, Marketing Specialist, or Kurt J. Kimmel, Regional Manager, This proposed rule is issued under Marketing Order Nos. 916 and 917, both as amended (7 CFR parts 916 and 917), regulating the handling of nectarines and peaches grown in California, respectively, hereinafter referred to as the ‘‘orders.’’ The orders are effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ USDA is issuing this rule in conformance with Executive Order 12866. This proposal to terminate the orders 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 proposes to terminate Marketing Order 916—the nectarine order—and the peach provisions of Marketing Order 917—the fresh pear and peach order—as well as the pertinent rules and regulations issued thereunder. USDA believes that termination of these programs would be DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 916 and 917 [Doc. No. AMS–FV–11–0018; FV11–916/917– 4 PR] Nectarines and Fresh Peaches Grown in California; Termination of Marketing Order 916 and the Peach Provisions of Marketing Order 917 Agricultural Marketing Service, USDA. ACTION: Proposed rule. AGENCY: This rule invites comments on the proposed termination of the Federal marketing orders regulating the handling of nectarines and fresh peaches grown in California (orders) and the rules and regulations issued thereunder. This action is based upon a decision by the Department of Agriculture (USDA) following referenda conducted among industry growers. As provided under the orders, USDA considers order termination if fewer than two-thirds of growers participating in regularly scheduled continuance referenda, by number and production volume, support continuance. In 2011 referenda, growers failed to support continuance of the orders and their programs in sufficient numbers and USDA now proposes to terminate the orders. DATES: PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 SUPPLEMENTARY INFORMATION: E:\FR\FM\02JNP1.SGM 02JNP1 srobinson on DSK4SPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules appropriate because the programs are no longer favored by industry growers. The orders authorize regulation of the handling of nectarines and fresh pears and peaches grown in California. Sections 916.64 and 917.61 of the orders require USDA to conduct continuance referenda among growers of these fruits every four years to ascertain continuing support for the orders and their programs. These sections further require USDA to terminate the orders if it finds that the provisions of the orders no longer tend to effectuate the declared policy of the Act. Section 608c(16)(A) of the Act requires USDA to terminate or suspend the operation of any order whenever the order or any provision thereof obstructs or does not tend to effectuate the declared policy of the Act. Finally, USDA is required to notify Congress of the intended terminations not later than 60 days before the date the orders would be terminated. Continuance referenda were conducted among growers of California nectarines and fresh pears and peaches in January and February 2011. Fewer than two-thirds of participating growers, by number and production volume, voted in favor of continuing the nectarine and peach orders. By contrast, more than 94 percent of pear growers voted to continue the pear order provisions. Grower support for the programs was similar in the last referenda, which were conducted in 2003. USDA conducted public listening sessions following the referenda and found that the nectarine and peach orders might continue to benefit the industries if modifications were made to the programs. Subsequently, several revisions were made to the orders and the handling regulations over the last several years. Continuance referendum requirements were suspended for 2007 because the orders had just been amended, and the industries wanted to operate the amended orders for a period of time before voting again on continuance. Nevertheless, the results of the most recent referenda, as well as feedback from the industries over the last few years, suggest that the nectarine and peach programs no longer meet industry needs and that the benefits of such programs no longer outweigh costs to handlers and growers. USDA believes that the referendum results and industry feedback support termination of the programs. As stated earlier, pear growers in the most recent referendum, as well as in previous referenda, supported continuance of the pear order provisions, which have been suspended since 1994 (59 FR 10055; March 3, VerDate Mar<15>2010 16:38 Jun 01, 2011 Jkt 223001 1994). USDA does not intend to terminate the pear order provisions at this time. The remainder of this document pertains to the termination of the nectarine and peach order provisions only. The nectarine order has been in effect since 1958, and the peach order since 1939. Operating under the management umbrella of the California Tree Fruit Agreement (CTFA), the orders have provided the California fresh tree fruit industries with authority for grade, size, quality, maturity, pack, and container regulations, as well as the authority for mandatory inspection. The orders also authorize production research and marketing research and development projects, as well as the necessary reporting, recordkeeping, and assessment functions required for operation. Based on the referendum results and other pertinent factors, USDA suspended the orders’ handling regulations on April 19, 2011 (76 FR 21615). The suspended handling regulations consist of minimum quality and inspection requirements for nectarines and peaches marked with the ‘‘California Well Matured’’ label, which is available for use only by handlers complying with prescribed quality and maturity requirements under the orders. As well, all reporting and assessment requirements were suspended. Originally established to maintain the orderly marketing of California tree fruit, the quality regulations under the order evolved over the years to reflect industry trends. The ‘‘California Well Matured’’ label was developed to define standards for premium quality fruit harvested and packed at its peak to satisfy customer demands. Working with the Federal and Federal-State Inspection Programs, the Nectarine Administrative Committee and Peach Commodity Committee (committees), which administer the day-to-day operations of the programs, recommended variety-specific size and maturity standards that were incorporated into the regulations. These standards helped ensure that the industry marketed and shipped the highest quality fruit, which in turn supported increased returns to growers and handlers. A ‘‘utility grade’’ was defined to allow for the movement of a certain percentage of lesser quality fruit to markets where it could be sold without undermining the industry’s overall marketing goals. Funded through assessments paid by handlers, the committees sponsored production research programs to address grower needs such as pesticide use and development of new fruit PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 31889 varieties. As well, post-harvest handling concerns, such as container and pack configuration, were addressed through committee-funded research. Assessment funds were also used to fund market research and development projects, promoting California tree fruit in both domestic and international markets. In recent years, changes in the industry led the committees to reduce the number of programs they supported through the orders. Because many customers now establish their own quality standards, the committees felt it was no longer essential to mandate inspection and certification of packed fruit to marketing order standards. During the last few years, only those handlers wishing to use the ‘‘California Well Matured’’ label were required to obtain inspection and certification. With the consolidation of many smaller farms, larger companies have undertaken their own research and promotion programs, thus minimizing the desirability of committee-funded generic programs. The industries proposed several amendments to the orders, which were effectuated in 2006 and 2007 (71 FR 41345; July 21, 2006). The amendments modernized the orders to streamline administration of the programs. The district boundaries within the regulated production areas were redefined, and the committee structures and nomination procedures were modified to provide greater opportunities for participation in committee activities by industry members. Despite USDA efforts to help refine the programs over the past several years, growers have continued to express their belief that the programs no longer meet their needs. These referendum results demonstrate a lack of grower support needed to carry out the objectives of the Act. Thus, it has been determined that the provisions of the orders no longer tend to effectuate the declared policy of the Act and should be terminated. Specifically, part 916, regulating the handling of nectarines grown in California would be removed from the Code of Federal Regulations. In part 917, which regulates the handling of both pears and peaches, §§ 916.8, 917.22, 917.150, 917.258, 917.259, 917.442, and 917.459, which relate solely to peaches, would be removed. §§ 917.4, 917.5, 917.6, 917.15, 917.20, 917.24, 917.25, 917.26, 917.28, 917.29, 917.34, 917.35, 917.37, 917.100, 917.119, and 917.143 would be revised to remove references to peaches and to conform to removal of other sections. In some sections of part 917, language relating to the regulation of pears is currently suspended. Such suspensions E:\FR\FM\02JNP1.SGM 02JNP1 31890 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules srobinson on DSK4SPTVN1PROD with PROPOSALS would be lifted to facilitate revision of these sections. Finally, the remaining provisions and administrative rules and regulations under part 917 would be suspended indefinitely. This proposed rule is intended to solicit input and any additional information available from interested parties regarding whether the nectarine and peach order provisions should be terminated. USDA will evaluate all available information prior to making a final determination on this matter. Termination of the orders would become effective only after a 60-day notification to Congress, as required by law. Initial Regulatory Flexibility Analysis Pursuant to the 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 rule on small entities. Accordingly, AMS has prepared this initial 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. There are approximately 97 California nectarine and peach handlers subject to regulation under the orders covering nectarines and peaches grown in California, and about 447 growers of these fruits in California. Small agricultural service firms, which include handlers, 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 growers are defined as those having annual receipts of less than $750,000. A majority of these handlers and growers may be classified as small entities. For the 2010 marketing season, the committees’ staff estimated that the average handler price received was $10.50 per container or container equivalent of nectarines or peaches. A handler would have to ship at least 666,667 containers to have annual receipts of $7,000,000. Given data on shipments maintained by the committees’ staff and the average handler price received during the 2010 season, the committees’ staff estimates that approximately 46 percent of handlers in the industry would be considered small entities. VerDate Mar<15>2010 16:38 Jun 01, 2011 Jkt 223001 For the 2010 marketing season, the committees’ staff estimated the average grower price received was $5.50 per container or container equivalent for nectarines and peaches. A grower would have to produce at least 136,364 containers of nectarines and peaches to have annual receipts of $750,000. Given data maintained by the committees’ staff and the average grower price received during the 2010 season, the committees’ staff estimates that more than 80 percent of the growers within the industry would be considered small entities. This rule proposes to terminate the Federal marketing orders for nectarines and peaches grown in California, and the rules and regulations issued thereunder. USDA believes that the orders no longer meet the needs of growers and handlers. The results of recent grower referenda and experience with the industries support order terminations. Sections 916.64 and 917.61 of the orders provide that USDA shall terminate or suspend any or all provisions of the orders when a finding is made that the orders do not tend to effectuate the declared policy of the Act. Furthermore, section 608c(16)(A) of the Act provides that USDA shall 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. An additional provision requires that Congress be notified not later than 60 days before the date the orders would be terminated. Although marketing order requirements are applied to handlers, the costs of such requirements are often passed on to growers. Termination of the orders, and the resulting regulatory relaxation, would therefore be expected to reduce costs for both handlers and growers. As an alternative to this rule, AMS considered not terminating the nectarine and peach order provisions. In that case, the industries could have recommended further refinements to the orders and the handling regulations in order to meet current marketing needs. However, such changes made to the programs over the last several years have failed to improve the programs enough to warrant continuing grower support. Therefore, this alternative was rejected, and AMS recommended that the programs be terminated. This proposed rule is intended to solicit input and other available information from interested parties on whether the orders should be terminated. USDA will evaluate all available information prior to making a final determination on this matter. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. chapter 35), the information collection requirements being terminated were approved previously by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0189, Generic Fruit Crops. Termination of the reporting requirements under the orders would reduce the reporting and recordkeeping burden on California nectarine and peach handlers by 339.45 hours, and should further reduce industry expenses. Since handlers would no longer be required to file forms with the Committee, this proposed rule would thus not impose any additional reporting or recordkeeping requirements on either small or large entities. On February 25, 2011, AMS published a notice and request for comments regarding the request for OMB approval of a new information collection for nectarine and peach handlers (76 FR 10555). Five new forms were proposed for the collection of industry information that would have facilitated administration of the orders. Such information collection would have increased the annual reporting burden for industry handlers by 2,878.70 hours. The request for OMB approval of the new information collection has been withdrawn. 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. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. The grower referendum was well publicized in the production area, and referendum ballots were mailed to all known growers of nectarines and peaches in California. As well, all interested persons have been invited to attend the committees’ meetings over the years and participate in discussions regarding the programs developed under the orders. Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may E:\FR\FM\02JNP1.SGM 02JNP1 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules be viewed at: http://www.ams.usda.gov/ MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Laurel May at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. Based on the foregoing, and pursuant to section 608c(16)(A) of the Act and §§ 916.64 and 917.61 of the orders, USDA is proposing termination of the orders. Upon termination of the orders, trustees would be appointed to conclude and liquidate the affairs of the committees, and would continue in that capacity until discharged by USDA. In addition, USDA would notify Congress 60 days in advance of termination pursuant to section 608c(16)(A) of the Act. A 15-day comment period is provided to allow interested persons to respond to this proposal. Fifteen days is deemed appropriate because (1) growers did not support continuance of the order in the recent referenda, (2) USDA announced its intent to terminate the orders through a press release issued March 25, 2011, and (3) all nectarine and peach handling regulations have been suspended. All written comments timely received will be considered before a final determination is made on this matter. List of Subjects 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 chapter IX is proposed to be amended as follows: PART 916—[REMOVED] 1. Under the authority of 7 U.S.C. 601–674, 7 CFR part 916 is removed. PART 917—FRESH PEARS AND PEACHES GROWN IN CALIFORNIA srobinson on DSK4SPTVN1PROD with PROPOSALS 2. The authority citation for 7 CFR part 917 continues to read as follows: Authority: 7 U.S.C. 601–674. §§ 917.1 through 917.3 [Suspended] 3. Sections 917.1 through 917.3 are suspended indefinitely. § 917.4 indefinitely. The revision reads as follows: § 917.5 § 917.24 Procedure for nominating members of various commodity committees. [Amended] 5. In § 917.5, remove the second sentence and suspend the section indefinitely. § 917.6 [Amended] 6. In § 917.6, remove the words ‘‘That for peaches, packing or causing the fruit to be packed also constitutes handling; Provided further,’’ and suspend the section indefinitely. § 917.7 [Suspended] 7. Section 917.7 is suspended indefinitely. § 917.8 [Removed] 8. Remove § 917.8. § 917.9 [Suspended] 9. Section 917.9 is suspended indefinitely. §§ 917.11 through 917.14 4. In § 917.4, lift the suspension of January 1, 2007 (71 FR 41351); remove paragraphs (a) and (b); redesignate 16:38 Jun 01, 2011 Jkt 223001 [Suspended] 10. Sections 917.11 through 917.14 are suspended indefinitely. § 917.15 [Amended] 11. In § 917.15, lift the suspension of April 4, 1994 (59 FR 10055), remove the words ‘‘§§ 917.21 through 917.22,’’ and add in their place the words ‘‘§ 917.21,’’ and suspend the section indefinitely. [Suspended] 12. Sections 917.16 through 917.19 are suspended indefinitely. 13. In § 917.20, lift the suspension of April 4, 1994 (59 FR 10055), and revise the section to read as follows, and suspend the section indefinitely: § 917.20 Designation of members of commodity committees. There is hereby established a Pear Commodity Committee consisting of 13 members. Each commodity committee may be increased by one public member nominated by the respective commodity committee and selected by the Secretary. The members of each said committee shall be selected biennially for a term ending on the last day of February of odd numbered years, and such members shall serve until their respective successors are selected and have qualified. The members of each commodity committee shall be selected in accordance with the provisions of § 917.25. § 917.22 [Amended] VerDate Mar<15>2010 paragraph (c) as paragraph (a); and suspend the section indefinitely. §§ 917.16 through 917.19 7 CFR Part 916 31891 [Removed] 14. Remove § 917.22. 15. In § 917.24, lift the suspensions of April 4, 1994 (59 FR 10055), and February 21, 2007 (72 FR 7821), revise the section, and suspend the section PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 (a) The Control Committee shall hold or cause to be held not later than February 15 for pears of each odd numbered year a meeting or meetings of the growers of the fruits in each representation area set forth in § 917.21. These meetings shall be supervised by the Control Committee, which shall prescribe such procedures as shall be reasonable and fair to all persons concerned. (b) With respect to each commodity committee, only growers of the particular fruit who are present at such nomination meetings or represented at such meetings by duly authorized employees may participate in the nomination and election of nominees for commodity committee members and alternates. Each such grower, including employees of such grower, shall be entitled to cast but one vote for each position to be filled for the representation area in which he produces such fruit. (c) A particular grower, including employees of such growers, shall be eligible for membership as principle or alternate to fill only one position on a commodity committee. A grower nominated for membership on the Pear Commodity Committee must have produced at least 51 percent of the pears shipped by him during the previous fiscal period, or he must represent an organization which produced at least 51 percent of the pears shipped by it during such period. § 917.25 [Amended] 16. In § 917.25, lift the suspension of January 1, 2007 (71 FR 41352), remove the paragraph (a) designation and remove paragraph (b), and suspend the section indefinitely. § 917.26 [Amended] 17. In § 917.26, lift the suspension of April 4, 1994 (59 FR 10055), remove the references ‘‘§§ 917.21 and 917.22’’ and add in their place the reference ‘‘§ 917.21,’’ and suspend the section indefinitely. § 917.27 [Suspended] 18. Section 917.27 is suspended indefinitely. § 917.28 [Amended] 19. In § 917.28, lift the suspension of April 4, 1994 (59 FR 10055), remove the references ‘‘§§ 917.16, 917.21, and 917.22’’ and add in their place the E:\FR\FM\02JNP1.SGM 02JNP1 31892 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Proposed Rules references ‘‘§§ 917.16 and 917.21,’’ and suspend the section indefinitely. § 917.29 [Amended] 20. In § 917.29, lift the suspension of April 4, 1994 (59 FR 10055), remove the words ‘‘and of the Peach Commodity Committee’’ and ‘‘each’’ from paragraph (b), remove the final sentence of paragraph (d), and suspend the section indefinitely. §§ 917.30 through 917.33 [Suspended] 21. Sections 917.30 through 917.33 are suspended indefinitely. § 917.36 § 917.122 § 917.143 § 917.150 § 917.258 § 917.34 § 917.259 [Amended] [Amended] 24. In § 917.35, lift the suspension of April 4, 1994 (59 FR 10055), remove the words ‘‘Peach and’’ and ‘‘each’’ wherever they appear in paragraph (a), remove the final sentence of paragraph (d), and suspend the section indefinitely. [Amended] 25. In § 917.37, remove the final three sentences of paragraph (b) and suspend the section indefinitely. §§ 917.38 through 917.43 [Removed] [Removed] 36. Remove § 917.258. 23. In § 917.34, lift the suspension of April 4, 1994 (59 FR 10055), remove the references ‘‘§§ 917.21 and 917.22’’ in paragraph (k) and add in their place the references ‘‘§ 917.21,’’ and suspend the section indefinitely. § 917.37 [Amended] 35. Remove § 917.150. [Suspended] [Removed] 37. Remove § 917.259. § 917.442 [Removed] 38. Remove § 917.442. § 917.459 [Removed] 39. Remove § 917.459. Dated: May 24, 2011. Rayne Pegg, Administrator, Agricultural Marketing Service. [FR Doc. 2011–13498 Filed 6–1–11; 8:45 am] BILLING CODE 3410–02–P SOCIAL SECURITY ADMINISTRATION 20 CFR Chapter III [Docket No. SSA–2011–0042] [Suspended] 26. Sections 917.38 through 917.43 are suspended indefinitely. Retrospective Review Under E.O. 13563 § 917.45 AGENCY: [Suspended] ACTION: 27. Section 917.45 is suspended indefinitely. § 917.50 28. Section 917.50 is suspended indefinitely. §§ 917.60 through 917.69 [Suspended] 29. Sections 917.60 through 917.69 are suspended indefinitely. § 917.100 [Amended] srobinson on DSK4SPTVN1PROD with PROPOSALS 30. In § 917.100, lift the suspension of April 4, 1994 (59 FR 10055), remove the words ‘‘and peaches,’’ and suspend the section indefinitely. §§ 917.101 through 917.115 [Suspended] 31. Sections 917.101 through 917.115 are suspended indefinitely. § 917.119 [Amended] 32. In § 917.119, remove paragraph (a), redesignate paragraphs (b) through (e) as paragraphs (a) through (d), and suspend the section indefinitely. VerDate Mar<15>2010 16:38 Jun 01, 2011 Jkt 223001 Social Security Administration. Request for information. In accordance with Executive Order (E.O.) 13563, ‘‘Improving Regulation and Regulatory Review,’’ we are announcing that our preliminary plan for retrospective review is available for public comment. We are now requesting comments on the plan. DATES: To be sure that we consider your comments, we must receive them by June 27, 2011. ADDRESSES: Please send your comments to RegsReview@ssa.gov. FOR FURTHER INFORMATION CONTACT: Martin Sussman, Senior Advisor for Regulations, Social Security Administration, 6401 Security Boulevard, Baltimore, MD 21235–6401, (410) 965–1767. For information on eligibility or filing for benefits, call our national toll-free number, 1–800–772– 1213 or TTY 1–800–325–0778, or visit our Internet site, Social Security Online, at http://www.socialsecurity.gov. SUMMARY: [Suspended] PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 On January 18, 2011, the President issued E.O. 13563, ‘‘Improving Regulation and Regulatory Review,’’ which requires Federal agencies to develop a preliminary plan to ‘‘periodically review its existing significant regulations’’ (section 6(b)). On January 25, 2011, we issued a press release and posted information on our Open Government Web site requesting public comment about which of our regulations we should review to ensure they are not outmoded, ineffective, insufficient, or excessively burdensome. We developed a preliminary plan for retrospective review and submitted it to the Office of Information and Regulatory Affairs in the Office of Management and Budget. The plan focuses on our process for updating the Listing of Impairments (Listings) that we use to evaluate disability claims under titles II and XVI of the Social Security Act (Act). The listings are examples of impairments that we consider severe enough to prevent an adult from doing any gainful activity or that we consider severe enough to result in marked and severe functional limitations for a child seeking SSI payments. The plan also includes two initiatives to reduce paperwork burdens on the public imposed by certain agency regulations. We have posted the preliminary plan on our Open Government Web site, http://www.socialsecurity.gov/open/ regsreview, and are now requesting public comments on the plan. Please note that in this notice, we are not requesting comments on the content of the Listings, but rather on the plan itself, which describes our process for updating the Listings. We will carefully review all comments, but we will not to respond to them individually. SUPPLEMENTARY INFORMATION: 34. In § 917.143, lift the suspension of April 4, 1994 (59 FR 10055); remove the words ‘‘and peaches’’ from paragraph (b) introductory text and from paragraphs (b)(1), (b)(2), and (b)(4); remove the words ‘‘and 200 pounds of peaches’’ from paragraph (b)(3); and suspend the section indefinitely. 22. Section 917.36 is suspended indefinitely. § 917.35 [Suspended] 33. Section 917.122 is suspended indefinitely. Dated: May 25, 2011. Dean Landis, Deputy Chief of Staff, Social Security Administration. [FR Doc. 2011–13620 Filed 6–1–11; 8:45 am] BILLING CODE 4191–02–P EQUAL EMPLOYMENT OPPORTUNITY COMMISSION 29 CFR Part 1602 RIN 3046–AA89 Recordkeeping and Reporting Requirements Under Title VII, the ADA, and GINA Equal Employment Opportunity Commission. ACTION: Notice of proposed rulemaking. AGENCY: E:\FR\FM\02JNP1.SGM 02JNP1

Agencies

[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Proposed Rules]
[Pages 31888-31892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13498]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Doc. No. AMS-FV-11-0018; FV11-916/917-4 PR]


Nectarines and Fresh Peaches Grown in California; Termination of 
Marketing Order 916 and the Peach Provisions of Marketing Order 917

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This rule invites comments on the proposed termination of the 
Federal marketing orders regulating the handling of nectarines and 
fresh peaches grown in California (orders) and the rules and 
regulations issued thereunder. This action is based upon a decision by 
the Department of Agriculture (USDA) following referenda conducted 
among industry growers. As provided under the orders, USDA considers 
order termination if fewer than two-thirds of growers participating in 
regularly scheduled continuance referenda, by number and production 
volume, support continuance. In 2011 referenda, growers failed to 
support continuance of the orders and their programs in sufficient 
numbers and USDA now proposes to terminate the orders.

DATES: Comments must be received by June 17, 2011.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All comments should reference the document number 
and the date and page number of this issue of the Federal Register and 
will be made available for public inspection in the Office of the 
Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this rule 
will be included in the record and will be made available to the 
public. Please be advised that the identity of the individuals or 
entities submitting the comments will be made public on the Internet at 
the address provided above.

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) 487-5901; 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 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 proposed rule is issued under Marketing 
Order Nos. 916 and 917, both as amended (7 CFR parts 916 and 917), 
regulating the handling of nectarines and peaches grown in California, 
respectively, hereinafter referred to as the ``orders.'' The orders are 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
    USDA is issuing this rule in conformance with Executive Order 
12866.
    This proposal to terminate the orders 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 proposes to terminate Marketing Order 916--the nectarine 
order--and the peach provisions of Marketing Order 917--the fresh pear 
and peach order--as well as the pertinent rules and regulations issued 
thereunder. USDA believes that termination of these programs would be

[[Page 31889]]

appropriate because the programs are no longer favored by industry 
growers.
    The orders authorize regulation of the handling of nectarines and 
fresh pears and peaches grown in California. Sections 916.64 and 917.61 
of the orders require USDA to conduct continuance referenda among 
growers of these fruits every four years to ascertain continuing 
support for the orders and their programs. These sections further 
require USDA to terminate the orders if it finds that the provisions of 
the orders no longer tend to effectuate the declared policy of the Act. 
Section 608c(16)(A) of the Act requires USDA to terminate or suspend 
the operation of any order whenever the order or any provision thereof 
obstructs or does not tend to effectuate the declared policy of the 
Act. Finally, USDA is required to notify Congress of the intended 
terminations not later than 60 days before the date the orders would be 
terminated.
    Continuance referenda were conducted among growers of California 
nectarines and fresh pears and peaches in January and February 2011. 
Fewer than two-thirds of participating growers, by number and 
production volume, voted in favor of continuing the nectarine and peach 
orders. By contrast, more than 94 percent of pear growers voted to 
continue the pear order provisions.
    Grower support for the programs was similar in the last referenda, 
which were conducted in 2003. USDA conducted public listening sessions 
following the referenda and found that the nectarine and peach orders 
might continue to benefit the industries if modifications were made to 
the programs. Subsequently, several revisions were made to the orders 
and the handling regulations over the last several years. Continuance 
referendum requirements were suspended for 2007 because the orders had 
just been amended, and the industries wanted to operate the amended 
orders for a period of time before voting again on continuance.
    Nevertheless, the results of the most recent referenda, as well as 
feedback from the industries over the last few years, suggest that the 
nectarine and peach programs no longer meet industry needs and that the 
benefits of such programs no longer outweigh costs to handlers and 
growers. USDA believes that the referendum results and industry 
feedback support termination of the programs.
    As stated earlier, pear growers in the most recent referendum, as 
well as in previous referenda, supported continuance of the pear order 
provisions, which have been suspended since 1994 (59 FR 10055; March 3, 
1994). USDA does not intend to terminate the pear order provisions at 
this time. The remainder of this document pertains to the termination 
of the nectarine and peach order provisions only.
    The nectarine order has been in effect since 1958, and the peach 
order since 1939. Operating under the management umbrella of the 
California Tree Fruit Agreement (CTFA), the orders have provided the 
California fresh tree fruit industries with authority for grade, size, 
quality, maturity, pack, and container regulations, as well as the 
authority for mandatory inspection. The orders also authorize 
production research and marketing research and development projects, as 
well as the necessary reporting, recordkeeping, and assessment 
functions required for operation.
    Based on the referendum results and other pertinent factors, USDA 
suspended the orders' handling regulations on April 19, 2011 (76 FR 
21615). The suspended handling regulations consist of minimum quality 
and inspection requirements for nectarines and peaches marked with the 
``California Well Matured'' label, which is available for use only by 
handlers complying with prescribed quality and maturity requirements 
under the orders. As well, all reporting and assessment requirements 
were suspended.
    Originally established to maintain the orderly marketing of 
California tree fruit, the quality regulations under the order evolved 
over the years to reflect industry trends. The ``California Well 
Matured'' label was developed to define standards for premium quality 
fruit harvested and packed at its peak to satisfy customer demands. 
Working with the Federal and Federal-State Inspection Programs, the 
Nectarine Administrative Committee and Peach Commodity Committee 
(committees), which administer the day-to-day operations of the 
programs, recommended variety-specific size and maturity standards that 
were incorporated into the regulations. These standards helped ensure 
that the industry marketed and shipped the highest quality fruit, which 
in turn supported increased returns to growers and handlers. A 
``utility grade'' was defined to allow for the movement of a certain 
percentage of lesser quality fruit to markets where it could be sold 
without undermining the industry's overall marketing goals.
    Funded through assessments paid by handlers, the committees 
sponsored production research programs to address grower needs such as 
pesticide use and development of new fruit varieties. As well, post-
harvest handling concerns, such as container and pack configuration, 
were addressed through committee-funded research. Assessment funds were 
also used to fund market research and development projects, promoting 
California tree fruit in both domestic and international markets.
    In recent years, changes in the industry led the committees to 
reduce the number of programs they supported through the orders. 
Because many customers now establish their own quality standards, the 
committees felt it was no longer essential to mandate inspection and 
certification of packed fruit to marketing order standards. During the 
last few years, only those handlers wishing to use the ``California 
Well Matured'' label were required to obtain inspection and 
certification. With the consolidation of many smaller farms, larger 
companies have undertaken their own research and promotion programs, 
thus minimizing the desirability of committee-funded generic programs.
    The industries proposed several amendments to the orders, which 
were effectuated in 2006 and 2007 (71 FR 41345; July 21, 2006). The 
amendments modernized the orders to streamline administration of the 
programs. The district boundaries within the regulated production areas 
were redefined, and the committee structures and nomination procedures 
were modified to provide greater opportunities for participation in 
committee activities by industry members.
    Despite USDA efforts to help refine the programs over the past 
several years, growers have continued to express their belief that the 
programs no longer meet their needs. These referendum results 
demonstrate a lack of grower support needed to carry out the objectives 
of the Act. Thus, it has been determined that the provisions of the 
orders no longer tend to effectuate the declared policy of the Act and 
should be terminated.
    Specifically, part 916, regulating the handling of nectarines grown 
in California would be removed from the Code of Federal Regulations. In 
part 917, which regulates the handling of both pears and peaches, 
Sec. Sec.  916.8, 917.22, 917.150, 917.258, 917.259, 917.442, and 
917.459, which relate solely to peaches, would be removed. Sec. Sec.  
917.4, 917.5, 917.6, 917.15, 917.20, 917.24, 917.25, 917.26, 917.28, 
917.29, 917.34, 917.35, 917.37, 917.100, 917.119, and 917.143 would be 
revised to remove references to peaches and to conform to removal of 
other sections. In some sections of part 917, language relating to the 
regulation of pears is currently suspended. Such suspensions

[[Page 31890]]

would be lifted to facilitate revision of these sections. Finally, the 
remaining provisions and administrative rules and regulations under 
part 917 would be suspended indefinitely.
    This proposed rule is intended to solicit input and any additional 
information available from interested parties regarding whether the 
nectarine and peach order provisions should be terminated. USDA will 
evaluate all available information prior to making a final 
determination on this matter. Termination of the orders would become 
effective only after a 60-day notification to Congress, as required by 
law.

Initial Regulatory Flexibility Analysis

    Pursuant to the 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 rule on small 
entities. Accordingly, AMS has prepared this initial 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.
    There are approximately 97 California nectarine and peach handlers 
subject to regulation under the orders covering nectarines and peaches 
grown in California, and about 447 growers of these fruits in 
California. Small agricultural service firms, which include handlers, 
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 growers are defined as those having annual receipts of 
less than $750,000. A majority of these handlers and growers may be 
classified as small entities.
    For the 2010 marketing season, the committees' staff estimated that 
the average handler price received was $10.50 per container or 
container equivalent of nectarines or peaches. A handler would have to 
ship at least 666,667 containers to have annual receipts of $7,000,000. 
Given data on shipments maintained by the committees' staff and the 
average handler price received during the 2010 season, the committees' 
staff estimates that approximately 46 percent of handlers in the 
industry would be considered small entities.
    For the 2010 marketing season, the committees' staff estimated the 
average grower price received was $5.50 per container or container 
equivalent for nectarines and peaches. A grower would have to produce 
at least 136,364 containers of nectarines and peaches to have annual 
receipts of $750,000. Given data maintained by the committees' staff 
and the average grower price received during the 2010 season, the 
committees' staff estimates that more than 80 percent of the growers 
within the industry would be considered small entities.
    This rule proposes to terminate the Federal marketing orders for 
nectarines and peaches grown in California, and the rules and 
regulations issued thereunder. USDA believes that the orders no longer 
meet the needs of growers and handlers. The results of recent grower 
referenda and experience with the industries support order 
terminations.
    Sections 916.64 and 917.61 of the orders provide that USDA shall 
terminate or suspend any or all provisions of the orders when a finding 
is made that the orders do not tend to effectuate the declared policy 
of the Act. Furthermore, section 608c(16)(A) of the Act provides that 
USDA shall 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. An additional provision requires that 
Congress be notified not later than 60 days before the date the orders 
would be terminated.
    Although marketing order requirements are applied to handlers, the 
costs of such requirements are often passed on to growers. Termination 
of the orders, and the resulting regulatory relaxation, would therefore 
be expected to reduce costs for both handlers and growers.
    As an alternative to this rule, AMS considered not terminating the 
nectarine and peach order provisions. In that case, the industries 
could have recommended further refinements to the orders and the 
handling regulations in order to meet current marketing needs. However, 
such changes made to the programs over the last several years have 
failed to improve the programs enough to warrant continuing grower 
support. Therefore, this alternative was rejected, and AMS recommended 
that the programs be terminated.
    This proposed rule is intended to solicit input and other available 
information from interested parties on whether the orders should be 
terminated. USDA will evaluate all available information prior to 
making a final determination on this matter.
    In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. 
chapter 35), the information collection requirements being terminated 
were approved previously by the Office of Management and Budget (OMB) 
and assigned OMB No. 0581-0189, Generic Fruit Crops. Termination of the 
reporting requirements under the orders would reduce the reporting and 
recordkeeping burden on California nectarine and peach handlers by 
339.45 hours, and should further reduce industry expenses. Since 
handlers would no longer be required to file forms with the Committee, 
this proposed rule would thus not impose any additional reporting or 
recordkeeping requirements on either small or large entities.
    On February 25, 2011, AMS published a notice and request for 
comments regarding the request for OMB approval of a new information 
collection for nectarine and peach handlers (76 FR 10555). Five new 
forms were proposed for the collection of industry information that 
would have facilitated administration of the orders. Such information 
collection would have increased the annual reporting burden for 
industry handlers by 2,878.70 hours. The request for OMB approval of 
the new information collection has been withdrawn.
    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.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    The grower referendum was well publicized in the production area, 
and referendum ballots were mailed to all known growers of nectarines 
and peaches in California. As well, all interested persons have been 
invited to attend the committees' meetings over the years and 
participate in discussions regarding the programs developed under the 
orders. Finally, interested persons are invited to submit comments on 
this proposed rule, including the regulatory and informational impacts 
of this action on small businesses.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may

[[Page 31891]]

be viewed at: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about the compliance 
guide should be sent to Laurel May at the previously mentioned address 
in the FOR FURTHER INFORMATION CONTACT section.
    Based on the foregoing, and pursuant to section 608c(16)(A) of the 
Act and Sec. Sec.  916.64 and 917.61 of the orders, USDA is proposing 
termination of the orders. Upon termination of the orders, trustees 
would be appointed to conclude and liquidate the affairs of the 
committees, and would continue in that capacity until discharged by 
USDA. In addition, USDA would notify Congress 60 days in advance of 
termination pursuant to section 608c(16)(A) of the Act.
    A 15-day comment period is provided to allow interested persons to 
respond to this proposal. Fifteen days is deemed appropriate because 
(1) growers did not support continuance of the order in the recent 
referenda, (2) USDA announced its intent to terminate the orders 
through a press release issued March 25, 2011, and (3) all nectarine 
and peach handling regulations have been suspended. All written 
comments timely received will be considered before a final 
determination is made on this matter.

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 chapter IX is 
proposed to be amended as follows:

PART 916--[REMOVED]

    1. Under the authority of 7 U.S.C. 601-674, 7 CFR part 916 is 
removed.

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

    2. The authority citation for 7 CFR part 917 continues to read as 
follows:

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


Sec. Sec.  917.1 through 917.3  [Suspended]

    3. Sections 917.1 through 917.3 are suspended indefinitely.


Sec.  917.4  [Amended]

    4. In Sec.  917.4, lift the suspension of January 1, 2007 (71 FR 
41351); remove paragraphs (a) and (b); redesignate paragraph (c) as 
paragraph (a); and suspend the section indefinitely.


Sec.  917.5  [Amended]

    5. In Sec.  917.5, remove the second sentence and suspend the 
section indefinitely.


Sec.  917.6  [Amended]

    6. In Sec.  917.6, remove the words ``That for peaches, packing or 
causing the fruit to be packed also constitutes handling; Provided 
further,'' and suspend the section indefinitely.


Sec.  917.7  [Suspended]

    7. Section 917.7 is suspended indefinitely.


Sec.  917.8  [Removed]

    8. Remove Sec.  917.8.


Sec.  917.9  [Suspended]

    9. Section 917.9 is suspended indefinitely.


Sec. Sec.  917.11 through 917.14  [Suspended]

    10. Sections 917.11 through 917.14 are suspended indefinitely.


Sec.  917.15  [Amended]

    11. In Sec.  917.15, lift the suspension of April 4, 1994 (59 FR 
10055), remove the words ``Sec. Sec.  917.21 through 917.22,'' and add 
in their place the words ``Sec.  917.21,'' and suspend the section 
indefinitely.


Sec. Sec.  917.16 through 917.19  [Suspended]

    12. Sections 917.16 through 917.19 are suspended indefinitely.
    13. In Sec.  917.20, lift the suspension of April 4, 1994 (59 FR 
10055), and revise the section to read as follows, and suspend the 
section indefinitely:


Sec.  917.20  Designation of members of commodity committees.

    There is hereby established a Pear Commodity Committee consisting 
of 13 members. Each commodity committee may be increased by one public 
member nominated by the respective commodity committee and selected by 
the Secretary. The members of each said committee shall be selected 
biennially for a term ending on the last day of February of odd 
numbered years, and such members shall serve until their respective 
successors are selected and have qualified. The members of each 
commodity committee shall be selected in accordance with the provisions 
of Sec.  917.25.


Sec.  917.22  [Removed]

    14. Remove Sec.  917.22.
    15. In Sec.  917.24, lift the suspensions of April 4, 1994 (59 FR 
10055), and February 21, 2007 (72 FR 7821), revise the section, and 
suspend the section indefinitely. The revision reads as follows:


Sec.  917.24  Procedure for nominating members of various commodity 
committees.

    (a) The Control Committee shall hold or cause to be held not later 
than February 15 for pears of each odd numbered year a meeting or 
meetings of the growers of the fruits in each representation area set 
forth in Sec.  917.21. These meetings shall be supervised by the 
Control Committee, which shall prescribe such procedures as shall be 
reasonable and fair to all persons concerned.
    (b) With respect to each commodity committee, only growers of the 
particular fruit who are present at such nomination meetings or 
represented at such meetings by duly authorized employees may 
participate in the nomination and election of nominees for commodity 
committee members and alternates. Each such grower, including employees 
of such grower, shall be entitled to cast but one vote for each 
position to be filled for the representation area in which he produces 
such fruit.
    (c) A particular grower, including employees of such growers, shall 
be eligible for membership as principle or alternate to fill only one 
position on a commodity committee. A grower nominated for membership on 
the Pear Commodity Committee must have produced at least 51 percent of 
the pears shipped by him during the previous fiscal period, or he must 
represent an organization which produced at least 51 percent of the 
pears shipped by it during such period.


Sec.  917.25  [Amended]

    16. In Sec.  917.25, lift the suspension of January 1, 2007 (71 FR 
41352), remove the paragraph (a) designation and remove paragraph (b), 
and suspend the section indefinitely.


Sec.  917.26  [Amended]

    17. In Sec.  917.26, lift the suspension of April 4, 1994 (59 FR 
10055), remove the references ``Sec. Sec.  917.21 and 917.22'' and add 
in their place the reference ``Sec.  917.21,'' and suspend the section 
indefinitely.


Sec.  917.27  [Suspended]

    18. Section 917.27 is suspended indefinitely.


Sec.  917.28  [Amended]

    19. In Sec.  917.28, lift the suspension of April 4, 1994 (59 FR 
10055), remove the references ``Sec. Sec.  917.16, 917.21, and 917.22'' 
and add in their place the

[[Page 31892]]

references ``Sec. Sec.  917.16 and 917.21,'' and suspend the section 
indefinitely.


Sec.  917.29  [Amended]

    20. In Sec.  917.29, lift the suspension of April 4, 1994 (59 FR 
10055), remove the words ``and of the Peach Commodity Committee'' and 
``each'' from paragraph (b), remove the final sentence of paragraph 
(d), and suspend the section indefinitely.


Sec. Sec.  917.30 through 917.33  [Suspended]

    21. Sections 917.30 through 917.33 are suspended indefinitely.


Sec.  917.36  [Suspended]

    22. Section 917.36 is suspended indefinitely.


Sec.  917.34  [Amended]

    23. In Sec.  917.34, lift the suspension of April 4, 1994 (59 FR 
10055), remove the references ``Sec. Sec.  917.21 and 917.22'' in 
paragraph (k) and add in their place the references ``Sec.  917.21,'' 
and suspend the section indefinitely.


Sec.  917.35  [Amended]

    24. In Sec.  917.35, lift the suspension of April 4, 1994 (59 FR 
10055), remove the words ``Peach and'' and ``each'' wherever they 
appear in paragraph (a), remove the final sentence of paragraph (d), 
and suspend the section indefinitely.


Sec.  917.37  [Amended]

    25. In Sec.  917.37, remove the final three sentences of paragraph 
(b) and suspend the section indefinitely.


Sec. Sec.  917.38 through 917.43  [Suspended]

    26. Sections 917.38 through 917.43 are suspended indefinitely.


Sec.  917.45  [Suspended]

    27. Section 917.45 is suspended indefinitely.


Sec.  917.50  [Suspended]

    28. Section 917.50 is suspended indefinitely.


Sec. Sec.  917.60 through 917.69  [Suspended]

    29. Sections 917.60 through 917.69 are suspended indefinitely.


Sec.  917.100  [Amended]

    30. In Sec.  917.100, lift the suspension of April 4, 1994 (59 FR 
10055), remove the words ``and peaches,'' and suspend the section 
indefinitely.


Sec. Sec.  917.101 through 917.115  [Suspended]

    31. Sections 917.101 through 917.115 are suspended indefinitely.


Sec.  917.119  [Amended]

    32. In Sec.  917.119, remove paragraph (a), redesignate paragraphs 
(b) through (e) as paragraphs (a) through (d), and suspend the section 
indefinitely.


Sec.  917.122  [Suspended]

    33. Section 917.122 is suspended indefinitely.


Sec.  917.143  [Amended]

    34. In Sec.  917.143, lift the suspension of April 4, 1994 (59 FR 
10055); remove the words ``and peaches'' from paragraph (b) 
introductory text and from paragraphs (b)(1), (b)(2), and (b)(4); 
remove the words ``and 200 pounds of peaches'' from paragraph (b)(3); 
and suspend the section indefinitely.


Sec.  917.150  [Removed]

    35. Remove Sec.  917.150.


Sec.  917.258  [Removed]

    36. Remove Sec.  917.258.


Sec.  917.259  [Removed]

    37. Remove Sec.  917.259.


Sec.  917.442  [Removed]

    38. Remove Sec.  917.442.


Sec.  917.459  [Removed]

    39. Remove Sec.  917.459.

    Dated: May 24, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-13498 Filed 6-1-11; 8:45 am]
BILLING CODE 3410-02-P