Apricots Grown in Designated Counties in Washington; Temporary Suspension of Handling Regulations, 24331-24333 [2013-09738]

Download as PDF wreier-aviles on DSK5TPTVN1PROD with RULES 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. PO 00000 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: VerDate Mar<15>2010 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]


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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
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