Pears Grown in Oregon and Washington; Change in Committee Structure for Processed Pears, 9221-9222 [2019-04782]
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9221
Rules and Regulations
Federal Register
Vol. 84, No. 50
Thursday, March 14, 2019
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS–SC–18–0078; SC19–927–1
FR]
Pears Grown in Oregon and
Washington; Change in Committee
Structure for Processed Pears
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This final rule implements a
recommendation from the Processed
Pear Committee (Committee) to change
the Committee’s membership structure.
This action removes the second
alternate member position from the
Committee structure, leaving ten
member positions and one alternate
position for each respective member.
DATES: Effective July 1, 2019.
FOR FURTHER INFORMATION CONTACT: Dale
Novotny, Marketing Specialist, or Gary
Olson, Regional Director, Northwest
Marketing Field Office, Marketing Order
and Agreement Division, Specialty
Crops Program, AMS, USDA;
Telephone: (503) 326–2724, Fax: (503)
326–7440, or Email: DaleJ.Novotny@
usda.gov or GaryD.Olson@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
amends regulations issued to carry out
a marketing order as defined in 7 CFR
900.2(j). This rule is issued under
Marketing Order No. 927, as amended (7
CFR part 927), regulating the handling
SUMMARY:
VerDate Sep<11>2014
15:50 Mar 13, 2019
Jkt 247001
of pears grown in Oregon and
Washington. Part 927, (hereinafter
referred to as ‘‘the Order’’) is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’ The Committee locally
administers the Order and is comprised
of growers, handlers, and processors
operating within the area of production,
and a public member.
The Department of Agriculture
(USDA) is issuing this final rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Order 12866 review. Additionally,
because this rule does not meet the
definition of a significant regulatory
action, it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing, USDA would rule on the
petition. The Act provides that the
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
The Processed Pear Committee
consists of ten members; three grower
members, three handler members, three
processor members, and one member
representing the public. In addition, for
each member there are two alternate
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
members designated as the ‘‘first
alternate’’ and the ‘‘second alternate.’’
This final rule changes the membership
structure of the Processed Pear
Committee by removing the second
alternate position for all members. The
Committee unanimously recommended
this change at a meeting held on May
30, 2018.
The membership structure of the
Processed Pear Committee is established
in § 927.20(b) of the Order. In addition,
§ 927.20(c) provides that the Secretary,
upon recommendation of the
Committee, may reapportion members
among districts, may change the number
of members and alternate members, and
may change the composition of the
Committee by changing the ratio of
members, including their alternates. The
Committee structure was previously
reapportioned in 2013.
At its May 30, 2018, meeting, the
Committee unanimously recommended
changing the Committee structure by
removing the second alternate position.
In recent years, the Committee has
experienced difficulties in finding
enough eligible nominees to fill the
second alternate positions. It is the
Committee’s belief that continuing to fill
the second alternate positions carries
limited benefit to its operation and has
become a burdensome task. Further, the
second alternate position has rarely
been called upon to serve on the
Committee. As such, this rule amends
§ 927.150 of the Order’s administrative
rules and regulations by removing the
second alternate position. The ten
member positions will remain with one
alternate member position assigned to
each. This change should result in more
efficiency in filling the Committee’s
membership positions, while still
maintaining adequate representation of
the processed pear industry.
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
rule on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Marketing orders issued pursuant to the
E:\FR\FM\14MRR1.SGM
14MRR1
9222
Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Rules and Regulations
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 1,500
growers of processed pears in the
regulated production area and
approximately 43 handlers of processed
pears subject to regulation under the
Order. Small agricultural producers are
defined by the Small Business
Administration (SBA) as those having
annual receipts of less than $750,000,
and small agricultural service firms are
defined as those whose annual receipts
are less than $7,500,000 (13 CFR
121.201).
According to data compiled by the
National Agricultural Statistics Service
(NASS) for 2017, the state of Oregon
produced 32,300 tons of pears for
processing at a market year average
price of $388 per ton for an estimated
total value of $12,532,400. The state of
Washington produced 85,900 tons at a
market year average price of $344 per
ton for an estimated total value of
$29,549,600. Therefore, the total value
of production of processed pears
assessed under the Order for the last
year was $42,082,000 ($12,532,400 plus
$29,549,600). Based on the number of
processed pear growers in Oregon and
Washington (1,500), and assuming a
normal distribution, the average gross
revenue for each producer can be
estimated at approximately $28,055
($42,082,000 divided by 1,500 growers).
Furthermore, based on Committee
records, it is reported that all Oregon
and Washington processed pear
handlers currently ship less than
$7,500,000 worth of processed pears
annually. From this information, USDA
concludes that the majority of growers
and handlers of Oregon and Washington
processed pears may be classified as
small entities.
There are three pear processing plants
in the production area, all currently
located in Washington. According to
Committee records, all three pear
processors would be considered large
entities under the SBA’s definition of a
small business.
This rule amends § 927.150 of the
Order’s administrative rules and
regulations to change the Committee’s
membership structure by removing the
second alternate position. Authority for
the modification of the Committee
structure is provided in § 927.20(c) of
the Order.
The Committee believes that this
change will not negatively impact
VerDate Sep<11>2014
15:50 Mar 13, 2019
Jkt 247001
growers, handlers, or processors. The
benefits for this rule are not expected to
be disproportionately greater or lesser
for small growers, handlers, or
processors than for larger entities. This
change is expected to benefit the entire
industry through more efficient
selection of Committee members and
alternates.
The Committee did not discuss other
alternatives to this change at its May 30,
2018, meeting. The only other option
was to leave the Order unchanged and
maintain the status quo, which would
have required the Committee to
continue to fill the second alternate
positions moving forward. By
eliminating the second alternate
position from the Committee structure,
the industry will only have to nominate
and put forward for selection two-thirds
of the qualified candidates that are
currently required.
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 OMB and
assigned OMB No. 0581–0189, Fruit
Crops. No changes in those
requirements are necessary as a result of
this action. Should any changes become
necessary, they would be submitted to
OMB for approval.
This rule does not impose any
additional reporting or recordkeeping
requirements on either small or large
Oregon and Washington processed pear
handlers. As with all Federal marketing
order programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. 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 December 14, 2018 (83 FR
64294). Copies of the proposed rule
were also mailed or sent via facsimile to
all Oregon and Washington processed
pear handlers. The proposal was made
available through the internet by USDA
and the Office of the Federal Register. A
30-day comment period ending January
14, 2019, was provided for interested
persons to respond to the proposal. No
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
comments were received during the
comment period. Accordingly, no
changes will be made to the rule as
proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: http://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
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, will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 927 is amended as
follows:
PART 927—PEARS GROWN IN
OREGON AND WASHINGTON
1. The authority citation for 7 CFR
part 927 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 927.150 is revised to read
as follows:
■
§ 927.150 Reapportionment of the
Processed Pear Committee.
Pursuant to § 927.20(c), on or after
July 1, 2019, the 10-member Processed
Pear Committee is reapportioned and
shall consist of three grower members,
three handler members, three processor
members, and one member representing
the public. For each member there shall
be an alternate. District 1, the State of
Washington, shall be represented by two
grower members and two handler
members. District 2, the State of Oregon,
shall be represented by one grower
member and one handler member.
Processor members may be from District
1, District 2, or from both districts.
Dated: March 11, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–04782 Filed 3–13–19; 8:45 am]
BILLING CODE 3410–02–P
E:\FR\FM\14MRR1.SGM
14MRR1
Agencies
[Federal Register Volume 84, Number 50 (Thursday, March 14, 2019)]
[Rules and Regulations]
[Pages 9221-9222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04782]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 84, No. 50 / Thursday, March 14, 2019 / Rules
and Regulations
[[Page 9221]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS-SC-18-0078; SC19-927-1 FR]
Pears Grown in Oregon and Washington; Change in Committee
Structure for Processed Pears
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule implements a recommendation from the Processed
Pear Committee (Committee) to change the Committee's membership
structure. This action removes the second alternate member position
from the Committee structure, leaving ten member positions and one
alternate position for each respective member.
DATES: Effective July 1, 2019.
FOR FURTHER INFORMATION CONTACT: Dale Novotny, Marketing Specialist, or
Gary Olson, Regional Director, Northwest Marketing Field Office,
Marketing Order and Agreement Division, Specialty Crops Program, AMS,
USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email:
DaleJ.Novotny@usda.gov or GaryD.Olson@usda.gov.
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491,
Fax: (202) 720-8938, or Email: Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
amends regulations issued to carry out a marketing order as defined in
7 CFR 900.2(j). This rule is issued under Marketing Order No. 927, as
amended (7 CFR part 927), regulating the handling of pears grown in
Oregon and Washington. Part 927, (hereinafter referred to as ``the
Order'') is effective under the Agricultural Marketing Agreement Act of
1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the
``Act.'' The Committee locally administers the Order and is comprised
of growers, handlers, and processors operating within the area of
production, and a public member.
The Department of Agriculture (USDA) is issuing this final rule in
conformance with Executive Orders 13563 and 13175. This action falls
within a category of regulatory actions that the Office of Management
and Budget (OMB) exempted from Executive Order 12866 review.
Additionally, because this rule does not meet the definition of a
significant regulatory action, it does not trigger the requirements
contained in Executive Order 13771. See OMB's Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs' '' (February 2, 2017).
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. Such
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
The Processed Pear Committee consists of ten members; three grower
members, three handler members, three processor members, and one member
representing the public. In addition, for each member there are two
alternate members designated as the ``first alternate'' and the
``second alternate.'' This final rule changes the membership structure
of the Processed Pear Committee by removing the second alternate
position for all members. The Committee unanimously recommended this
change at a meeting held on May 30, 2018.
The membership structure of the Processed Pear Committee is
established in Sec. 927.20(b) of the Order. In addition, Sec.
927.20(c) provides that the Secretary, upon recommendation of the
Committee, may reapportion members among districts, may change the
number of members and alternate members, and may change the composition
of the Committee by changing the ratio of members, including their
alternates. The Committee structure was previously reapportioned in
2013.
At its May 30, 2018, meeting, the Committee unanimously recommended
changing the Committee structure by removing the second alternate
position. In recent years, the Committee has experienced difficulties
in finding enough eligible nominees to fill the second alternate
positions. It is the Committee's belief that continuing to fill the
second alternate positions carries limited benefit to its operation and
has become a burdensome task. Further, the second alternate position
has rarely been called upon to serve on the Committee. As such, this
rule amends Sec. 927.150 of the Order's administrative rules and
regulations by removing the second alternate position. The ten member
positions will remain with one alternate member position assigned to
each. This change should result in more efficiency in filling the
Committee's membership positions, while still maintaining adequate
representation of the processed pear industry.
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 rule on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the
[[Page 9222]]
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 1,500 growers of processed pears in the
regulated production area and approximately 43 handlers of processed
pears subject to regulation under the Order. Small agricultural
producers are defined by the Small Business Administration (SBA) as
those having annual receipts of less than $750,000, and small
agricultural service firms are defined as those whose annual receipts
are less than $7,500,000 (13 CFR 121.201).
According to data compiled by the National Agricultural Statistics
Service (NASS) for 2017, the state of Oregon produced 32,300 tons of
pears for processing at a market year average price of $388 per ton for
an estimated total value of $12,532,400. The state of Washington
produced 85,900 tons at a market year average price of $344 per ton for
an estimated total value of $29,549,600. Therefore, the total value of
production of processed pears assessed under the Order for the last
year was $42,082,000 ($12,532,400 plus $29,549,600). Based on the
number of processed pear growers in Oregon and Washington (1,500), and
assuming a normal distribution, the average gross revenue for each
producer can be estimated at approximately $28,055 ($42,082,000 divided
by 1,500 growers). Furthermore, based on Committee records, it is
reported that all Oregon and Washington processed pear handlers
currently ship less than $7,500,000 worth of processed pears annually.
From this information, USDA concludes that the majority of growers and
handlers of Oregon and Washington processed pears may be classified as
small entities.
There are three pear processing plants in the production area, all
currently located in Washington. According to Committee records, all
three pear processors would be considered large entities under the
SBA's definition of a small business.
This rule amends Sec. 927.150 of the Order's administrative rules
and regulations to change the Committee's membership structure by
removing the second alternate position. Authority for the modification
of the Committee structure is provided in Sec. 927.20(c) of the Order.
The Committee believes that this change will not negatively impact
growers, handlers, or processors. The benefits for this rule are not
expected to be disproportionately greater or lesser for small growers,
handlers, or processors than for larger entities. This change is
expected to benefit the entire industry through more efficient
selection of Committee members and alternates.
The Committee did not discuss other alternatives to this change at
its May 30, 2018, meeting. The only other option was to leave the Order
unchanged and maintain the status quo, which would have required the
Committee to continue to fill the second alternate positions moving
forward. By eliminating the second alternate position from the
Committee structure, the industry will only have to nominate and put
forward for selection two-thirds of the qualified candidates that are
currently required.
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 OMB and assigned OMB No. 0581-0189, Fruit Crops.
No changes in those requirements are necessary as a result of this
action. Should any changes become necessary, they would be submitted to
OMB for approval.
This rule does not impose any additional reporting or recordkeeping
requirements on either small or large Oregon and Washington processed
pear handlers. As with all Federal marketing order programs, reports
and forms are periodically reviewed to reduce information requirements
and duplication by industry and public sector agencies. 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 December 14, 2018 (83 FR 64294). Copies of the proposed
rule were also mailed or sent via facsimile to all Oregon and
Washington processed pear handlers. The proposal was made available
through the internet by USDA and the Office of the Federal Register. A
30-day comment period ending January 14, 2019, was provided for
interested persons to respond to the proposal. No comments were
received during the comment period. Accordingly, no changes will be
made to the rule as proposed.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions
about the compliance guide should be sent to Richard Lower 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, will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 927 is
amended as follows:
PART 927--PEARS GROWN IN OREGON AND WASHINGTON
0
1. The authority citation for 7 CFR part 927 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Section 927.150 is revised to read as follows:
Sec. 927.150 Reapportionment of the Processed Pear Committee.
Pursuant to Sec. 927.20(c), on or after July 1, 2019, the 10-
member Processed Pear Committee is reapportioned and shall consist of
three grower members, three handler members, three processor members,
and one member representing the public. For each member there shall be
an alternate. District 1, the State of Washington, shall be represented
by two grower members and two handler members. District 2, the State of
Oregon, shall be represented by one grower member and one handler
member. Processor members may be from District 1, District 2, or from
both districts.
Dated: March 11, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-04782 Filed 3-13-19; 8:45 am]
BILLING CODE 3410-02-P