Apricots Grown in Designated Counties in Washington; Temporary Suspension of Handling Regulations, 24331-24333 [2013-09738]
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Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations
research and promotion projects to the
Texas citrus industry. The assessment
rate of $0.16 per 7/10-bushel carton or
equivalent of assessable oranges and
grapefruit was then determined by
dividing the total recommended budget
by the quantity of assessable oranges
and grapefruit, estimated at 8.5 million
7/10-bushel cartons or equivalent for the
2012–13 fiscal period. Based on
estimated shipments, the recommended
assessment rate of $0.16 should provide
$1,360,000 in assessment income. This
is approximately $19,200 above the
anticipated expenses of $1,340,800,
which the Committee determined to be
acceptable as any assessments collected
above expenditures are to be added to
reserves.
A review of historical information and
preliminary information pertaining to
the upcoming fiscal period indicates
that the grower price for the 2012–13
season could range between $8.98 and
$16.35 per 7/10-bushel carton or
equivalent of oranges and grapefruit.
Therefore, the estimated assessment
revenue for the 2012–13 fiscal period, as
a percentage of total grower revenue,
could range between 1 and 2 percent.
This action increases the assessment
obligation imposed on handlers. While
assessments impose some additional
costs on handlers, the costs are minimal
and uniform on all handlers. Some of
the additional costs may be passed on
to producers. However, these costs are
offset by the benefits derived by the
operation of the marketing order.
In addition, the Committee’s meeting
was widely publicized throughout the
Texas citrus industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the June 5, 2012,
meeting was a public meeting and all
entities, both large and small, were able
to express views on this issue.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189 Generic
Fruit Crops. No changes in those
requirements as a result of this action
are necessary. Should any changes
become necessary, they would be
submitted to OMB for approval.
This rule imposes no additional
reporting or recordkeeping requirements
on either small or large Texas orange
and grapefruit handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
VerDate Mar<15>2010
14:12 Apr 24, 2013
Jkt 229001
industry and public sector agencies. As
noted in the initial regulatory flexibility
analysis, USDA has not identified any
relevant Federal rules that duplicate,
overlap, or conflict with this final 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.
A proposed rule concerning this
action was published in the Federal
Register on January 9, 2013 (78 FR
1763). Copies of the proposed rule were
also mailed or sent via facsimile to all
orange and grapefruit handlers. Finally,
the proposal was made available
through the Internet by USDA and the
Office of the Federal Register. A 10-day
comment period ending January 22,
2013, was provided for interested
persons to respond to the proposal. No
comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jeffrey Smutny
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
Pursuant to 5 U.S.C. 553, it is also
found and determined that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because handlers are already receiving
2012–13 oranges and grapefruit from
growers, and the crop year began on
August 1 and the assessment rate
applies to all oranges and grapefruit
received during the 2012–13 and
subsequent fiscal periods. In addition,
the Committee needs to have sufficient
funds to pay its expenses, which are
incurred on a continuous basis. Further,
handlers are aware of this rule which
was recommended at a public meeting.
Also, a 10-day comment period was
provided for in the proposed rule, and
no comments were received.
List of Subjects in 7 CFR Part 906
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements.
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Frm 00005
Fmt 4700
Sfmt 4700
24331
For the reasons set forth in the
preamble, 7 CFR part 906 is amended as
follows:
PART 906—ORANGES AND
GRAPEFRUIT GROWN IN LOWER RIO
GRANDE VALLEY IN TEXAS
1. The authority citation for 7 CFR
part 906 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 906.235 is revised to read
as follows:
■
§ 906.235
Assessment rate.
On and after August 1, 2012, an
assessment rate of $0.16 per 7/10-bushel
carton or equivalent is established for
oranges and grapefruit grown in the
Lower Rio Grande Valley in Texas.
Dated: April 19, 2013.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–09734 Filed 4–24–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 922
[Docket No. AMS–FV–12–0028; FV12–922–
2 FIR]
Apricots Grown in Designated
Counties in Washington; Temporary
Suspension of Handling Regulations
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that temporarily suspended the
handling regulations and inspection
requirements prescribed under the
marketing order for apricots grown in
designated Counties in Washington. The
interim rule suspended the minimum
grade, size, quality, maturity, and
inspection requirements for the 2012–
2013 fiscal period. This change is
expected to reduce overall industry
expenses and increase net returns to
producers and handlers.
DATES: Effective April 26, 2013.
FOR FURTHER INFORMATION CONTACT:
Manuel Michel, Marketing Specialist, or
Gary Olson, Regional Director,
Northwest Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (503) 326–
SUMMARY:
E:\FR\FM\25APR1.SGM
25APR1
24332
Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations
2724; Fax: (503) 326–7440; or Email:
Manuel.Michel@ams.usda.gov or
GaryD.Olson@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order and agreement
regulations by viewing a guide at the
following Web site: https://
www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence SW.,
STOP 0237, Washington, DC 20250–
0237; Telephone: (202) 720–2491, Fax:
(202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
This rule
is issued under Marketing Agreement
and Order No. 922, as amended (7 CFR
922), regulating the handling of apricots
grown in designated counties in
Washington, 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.’’
USDA is issuing this rule in
conformance with Executive Order
12866.
The handling of apricots grown in
designated Counties in Washington is
regulated by 7 CFR part 922. Section
922.321, with exemptions for certain
varieties and types of shipments,
provides that all apricots shall grade not
less than Washington No. 1, and are at
least reasonably uniform in color;
provided, that such apricots of the
Moorpark variety in open containers
shall be generally well matured. The
regulation also includes a minimum
quantity exemption, as well as specific
tolerances for apricots that fail to meet
color, minimum diameter, and quality
requirements. The objective of the
handling regulation has been to ensure
that only acceptable quality apricots
enter fresh market channels, thereby
ensuring consumer satisfaction,
increasing sales, and improving returns
to producers. However, due to the
evolving nature of fresh fruit marketing,
many wholesale and retail apricot
buyers now require their own specific
criteria for product quality from all
handlers. Therefore, this rule continues
in effect the interim rule that suspended
the handling regulations prescribed in
§ 922.321 for the 2012–2013 fiscal
period.
Section 922.111 contains provisions
for handlers to apply for waivers from
mandatory inspection when such
inspection is not readily available from
the Inspection Service. With the
wreier-aviles on DSK5TPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
14:12 Apr 24, 2013
Jkt 229001
suspension of the regulation, such
waivers are no longer necessary.
Therefore, consistent with the
suspension of § 922.321, this rule also
continues in effect the interim rule that
suspended § 922.111 for the 2012–2013
fiscal period.
In an interim rule published in the
Federal Register on January 8, 2013,
and effective on January 9, 2013, (78 FR
1127, Doc. No. AMS–FV–12–0028,
FV12–922–2 IR), §§ 922.321 and
922.111 were suspended for the 2012–
13 fiscal period, ending March 31, 2013.
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 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 20 handlers
of Washington apricots who are subject
to regulation under the marketing order
and approximately 94 apricot producers
in the production area. Small
agricultural service firms are defined by
the Small Business Administration
(SBA) 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 (13 CFR 121.201).
The National Agricultural Statistics
Service (NASS) reports that the total
annual production of Washington
apricots has fluctuated from
approximately 4,200 to 8,900 tons per
year for the past several years. NASS
also reports that the 2011 value of
utilized production for Washington
apricots was $7,132,000. Therefore,
based on the 2011 value of Washington
apricots and the approximate number of
apricot producers in the production
area, the 2011 average producer receipts
were approximately $76,000; which is
considerably less than the $750,000
threshold. In view of the foregoing, it
can be concluded that a majority of the
handlers and producers of Washington
apricots may be classified as small
entities.
This rule continues in effect the
interim rule that suspended the
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
handling regulations specified in
§§ 922.111 and 922.321 for the 2012–
2013 fiscal period. The suspension of
these handling regulations allows the
Washington apricot industry to market
apricots without regard to the minimum
grade, size, quality, maturity, and
inspection requirements prescribed
under the federal marketing order.
Authority for this action is provided in
§ 922.53.
This action is not expected to increase
the costs associated with the order
requirements. Rather, this action allows
handlers to decrease their costs during
the 2012–2013 fiscal period by
eliminating the expense associated with
mandatory inspection. However, this
rule does not impede handlers from
seeking inspection on a voluntary basis
if they find inspection desirable. The
opportunities and benefits of this rule
are equally available to all Washington
apricot handlers and producers,
regardless of their size.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520), the order’s information collection
requirements have been previously
approved by the Office of Management
and Budget (OMB) and assigned OMB
No. 0581–0189, Generic Fruit Crops. No
changes in those requirements as a
result of this action are necessary.
Should any changes become necessary,
they would be submitted to OMB for
approval.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
apricot 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
Washington apricot industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations. Like all
Committee meetings, the May 24, 2012,
meeting was a public meeting and all
entities, both large and small, were able
to express their views on this issue.
Comments on the interim rule were
required to be received on or before
March 11, 2013. No comments were
received. Therefore, for the reasons
given in the interim rule, we are
adopting the interim rule as a final rule,
without change.
To view the interim rule, go to:
https://www.regulations.gov/
E:\FR\FM\25APR1.SGM
25APR1
Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations
#!documentDetail;D=AMS-FV-12-00280001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866 and 12988, the
Paperwork Reduction Act (44 U.S.C.
3501–3520), and the E-Gov Act (44
U.S.C. 101).
After consideration of all relevant
material presented, including the
Committee’s recommendation, and
other information, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (78 FR 1127, January 8, 2013)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 922
Apricots, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 922—APRICOTS GROWN IN
DESIGNATED COUNTIES IN
WASHINGTON—[AMENDED]
Accordingly, the interim rule that
amended 7 CFR part 922 and was
published at 78 FR 1127 on January 8,
2013, is adopted as a final rule, without
change.
■
Dated: April 19, 2013.
Rex A. Barnes,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–09738 Filed 4–24–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 929
[Doc. No. AMS–FV–12–0002; FV12–929–1
FIR]
Cranberries Grown in States of
Massachusetts, Rhode Island,
Connecticut, New Jersey, Wisconsin,
Michigan, Minnesota, Oregon,
Washington, and Long Island in the
State of New York; Changing
Reporting Requirements
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
wreier-aviles on DSK5TPTVN1PROD with RULES
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that revised the reporting
requirements prescribed under the
marketing order for cranberries grown in
the States of Massachusetts, Rhode
Island, Connecticut, New Jersey,
SUMMARY:
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14:12 Apr 24, 2013
Jkt 229001
Wisconsin, Michigan, Minnesota,
Oregon, Washington, and Long Island in
the State of New York (order). The
interim rule changed the dates covered
by the third reporting period and the
date by which the Handler Inventory
Report (Form HIR) is due to the
Committee. These changes help ensure
the Committee has current and complete
information available for its discussions
during its annual August meeting, while
providing handlers sufficient time to
submit their reports.
DATES: Effective April 26, 2013.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Marketing Specialist, or
Christian D. Nissen, Regional Director,
Southeast Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or Email:
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order and agreement
regulations by viewing a guide at the
following Web site: https://
www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
and Order No. 929, both as amended (7
CFR part 929), regulating the handling
of cranberries produced in the States of
Massachusetts, Rhode Island,
Connecticut, New Jersey, Wisconsin,
Michigan, Minnesota, Oregon,
Washington, and Long Island in the
State of New York, 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.’’
USDA is issuing this rule in
conformance with Executive Order
12866.
The handling of cranberries grown in
the States of Massachusetts, Rhode
Island, Connecticut, New Jersey,
Wisconsin, Michigan, Minnesota,
Oregon, Washington, and Long Island in
the State of New York is regulated by 7
CFR part 929. Prior to this change,
reports were to be filed with the
Committee by each handler not later
than January 20, May 20, and August 20
of each fiscal period and by September
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
24333
20 of the succeeding fiscal period. The
Handler Inventory Report (Form HIR)
previously showed the total quantity of
cranberries acquired and the total
quantity of cranberries and Vaccinium
oxycoccus cranberries handled from the
beginning of the reporting period
indicated through December 31, April
30, July 31, and August 31, respectively.
The reports also previously showed the
total quantity of cranberries and
Vaccinium oxycoccus cranberries as
well as cranberry products and
Vaccinium oxycoccus cranberry
products held by the handler on January
1, May 1, August 1, and August 31 of
each fiscal period. However, having the
report due by August 20 meant that this
information, which is important for
Committee discussions, may not be
received prior to the Committee’s
annual August meeting. Therefore, this
rule continues in effect the rule that
changed the timeframes for the third
reporting period by adjusting the due
date from August 20 to July 20, the end
date from July 31 to June 30 for
cranberries acquired and handled, and
the date for reporting inventory held
from August 1 to June 30.
In an interim rule published in the
Federal Register on August 30, 2012,
and effective on August 31, 2012, (77 FR
52595, Doc. No. AMS–FV–12–0002,
FV12–929–1 IR), § 929.105 was
amended by changing the due date for
the third reporting period from August
20 to July 20, adjusting the end date
from July 31 to June 30 for cranberries
acquired and handled, and changing the
date for reporting inventory held from
August 1 to June 30.
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 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 55 handlers
of cranberries who are subject to
regulation under the marketing order
and approximately 1,200 cranberry
producers in the regulated area. Small
agricultural service firms are defined by
E:\FR\FM\25APR1.SGM
25APR1
Agencies
[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Pages 24331-24333]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09738]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 922
[Docket No. AMS-FV-12-0028; FV12-922-2 FIR]
Apricots Grown in Designated Counties in Washington; Temporary
Suspension of Handling Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that temporarily suspended the
handling regulations and inspection requirements prescribed under the
marketing order for apricots grown in designated Counties in
Washington. The interim rule suspended the minimum grade, size,
quality, maturity, and inspection requirements for the 2012-2013 fiscal
period. This change is expected to reduce overall industry expenses and
increase net returns to producers and handlers.
DATES: Effective April 26, 2013.
FOR FURTHER INFORMATION CONTACT: Manuel Michel, Marketing Specialist,
or Gary Olson, Regional Director, Northwest Marketing Field Office,
Marketing Order and Agreement Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (503) 326-
[[Page 24332]]
2724; Fax: (503) 326-7440; or Email: Manuel.Michel@ams.usda.gov or
GaryD.Olson@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order and agreement regulations by viewing a guide at
the following Web site: https://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or by contacting Jeffrey Smutny,
Marketing Order and Agreement Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence SW., STOP 0237, Washington, DC 20250-0237;
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 922, as amended (7 CFR 922), regulating the
handling of apricots grown in designated counties in Washington,
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.''
USDA is issuing this rule in conformance with Executive Order
12866.
The handling of apricots grown in designated Counties in Washington
is regulated by 7 CFR part 922. Section 922.321, with exemptions for
certain varieties and types of shipments, provides that all apricots
shall grade not less than Washington No. 1, and are at least reasonably
uniform in color; provided, that such apricots of the Moorpark variety
in open containers shall be generally well matured. The regulation also
includes a minimum quantity exemption, as well as specific tolerances
for apricots that fail to meet color, minimum diameter, and quality
requirements. The objective of the handling regulation has been to
ensure that only acceptable quality apricots enter fresh market
channels, thereby ensuring consumer satisfaction, increasing sales, and
improving returns to producers. However, due to the evolving nature of
fresh fruit marketing, many wholesale and retail apricot buyers now
require their own specific criteria for product quality from all
handlers. Therefore, this rule continues in effect the interim rule
that suspended the handling regulations prescribed in Sec. 922.321 for
the 2012-2013 fiscal period.
Section 922.111 contains provisions for handlers to apply for
waivers from mandatory inspection when such inspection is not readily
available from the Inspection Service. With the suspension of the
regulation, such waivers are no longer necessary. Therefore, consistent
with the suspension of Sec. 922.321, this rule also continues in
effect the interim rule that suspended Sec. 922.111 for the 2012-2013
fiscal period.
In an interim rule published in the Federal Register on January 8,
2013, and effective on January 9, 2013, (78 FR 1127, Doc. No. AMS-FV-
12-0028, FV12-922-2 IR), Sec. Sec. 922.321 and 922.111 were suspended
for the 2012-13 fiscal period, ending March 31, 2013.
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 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 20 handlers of Washington apricots who are
subject to regulation under the marketing order and approximately 94
apricot producers in the production area. Small agricultural service
firms are defined by the Small Business Administration (SBA) 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 (13 CFR 121.201).
The National Agricultural Statistics Service (NASS) reports that
the total annual production of Washington apricots has fluctuated from
approximately 4,200 to 8,900 tons per year for the past several years.
NASS also reports that the 2011 value of utilized production for
Washington apricots was $7,132,000. Therefore, based on the 2011 value
of Washington apricots and the approximate number of apricot producers
in the production area, the 2011 average producer receipts were
approximately $76,000; which is considerably less than the $750,000
threshold. In view of the foregoing, it can be concluded that a
majority of the handlers and producers of Washington apricots may be
classified as small entities.
This rule continues in effect the interim rule that suspended the
handling regulations specified in Sec. Sec. 922.111 and 922.321 for
the 2012-2013 fiscal period. The suspension of these handling
regulations allows the Washington apricot industry to market apricots
without regard to the minimum grade, size, quality, maturity, and
inspection requirements prescribed under the federal marketing order.
Authority for this action is provided in Sec. 922.53.
This action is not expected to increase the costs associated with
the order requirements. Rather, this action allows handlers to decrease
their costs during the 2012-2013 fiscal period by eliminating the
expense associated with mandatory inspection. However, this rule does
not impede handlers from seeking inspection on a voluntary basis if
they find inspection desirable. The opportunities and benefits of this
rule are equally available to all Washington apricot handlers and
producers, regardless of their size.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3501-3520), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0189, Generic Fruit Crops. No changes in those
requirements as a result of this action are necessary. Should any
changes become necessary, they would be submitted to OMB for approval.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large apricot 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 Washington apricot industry and all interested persons were invited
to attend the meeting and participate in Committee deliberations. Like
all Committee meetings, the May 24, 2012, meeting was a public meeting
and all entities, both large and small, were able to express their
views on this issue.
Comments on the interim rule were required to be received on or
before March 11, 2013. No comments were received. Therefore, for the
reasons given in the interim rule, we are adopting the interim rule as
a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/
[[Page 24333]]
!documentDetail;D=AMS-FV-12-0028-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866 and 12988, the Paperwork Reduction
Act (44 U.S.C. 3501-3520), and the E-Gov Act (44 U.S.C. 101).
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
finalizing the interim rule, without change, as published in the
Federal Register (78 FR 1127, January 8, 2013) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 922
Apricots, Marketing agreements, Reporting and recordkeeping
requirements.
PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON--
[AMENDED]
0
Accordingly, the interim rule that amended 7 CFR part 922 and was
published at 78 FR 1127 on January 8, 2013, is adopted as a final rule,
without change.
Dated: April 19, 2013.
Rex A. Barnes,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2013-09738 Filed 4-24-13; 8:45 am]
BILLING CODE 3410-02-P