83 FR 64294 - Pears Grown in Oregon and Washington; Change in Committee Structure for Processed Pears
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 240
(December 14, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 240 (December 14, 2018)
| Page Range | 64294-64296 | |
| FR Document | 2018-27140 |
[Federal Register Volume 83, Number 240 (Friday, December 14, 2018)] [Proposed Rules] [Pages 64294-64296] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-27140] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Proposed Rules [[Page 64294]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 927 [Doc. No. AMS-SC-18-0078; SC19-927-1 PR] Pears Grown in Oregon and Washington; Change in Committee Structure for Processed Pears AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule invites comments on a recommendation from the Processed Pear Committee (Committee) to change the Committee's membership structure. This action would remove the second alternate member position from the Committee structure, leaving ten member positions and one alternate position for each respective member. DATES: Comments must be received by January 14, 2019. ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, 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 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 proposed 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 comments will be made public on the internet at the address provided above. 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: [email protected] or [email protected]. 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: [email protected]. SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposed 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 proposed rule in conformance with Executive Orders 13563 and 13175. This proposed rule falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this proposed 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'[thinsp]'' (February 2, 2017). This proposed 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. Under the provisions of the Order, the Processed Pear Committee consists of ten members; three grower members, three handler members, three processor members, and one member representing the public. Under the current provisions, for each member there are two alternate members designated as the ``first alternate'' and the ``second alternate.'' This proposed rule would change 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 reapportioned in 2013; section 927.150 specifies the current reapportioned Committee membership structure. 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 their operation and [[Page 64295]] has become a burdensome task. Further, the second alternate position has rarely been called upon to serve on the Committee to conduct business. As such, this rule would amend Sec. 927.150 of the Order's administrative rules and regulations by removing the second alternate position. The ten member positions would 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. Initial 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 proposed 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 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) (13 CFR 121.201) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (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 would amend 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 the proposed change would 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. The proposed change is expected to benefit the industry as a whole through more efficient selection of Committee members and alternates. The Committee did not discuss other alternatives to this proposed 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 would 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, Vegetable and Specialty Crops. No changes in those requirements would be necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would 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. 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule. 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. A 30-day comment period is provided to allow interested persons to respond to this proposal. All written comments timely received will be considered before a final determination is made on this matter. 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 proposed to be 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. Revise Sec. 927.150 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. [[Page 64296]] Dated: December 11, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-27140 Filed 12-13-18; 8:45 am] BILLING CODE 3410-02-P
![64294
Proposed Rules Federal Register
Vol. 83, No. 240
Friday, December 14, 2018
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Dale section 608c(15)(A) of the Act, any
contains notices to the public of the proposed Novotny, Marketing Specialist, or Gary handler subject to an order may file
issuance of rules and regulations. The Olson, Regional Director, Northwest with USDA a petition stating that the
purpose of these notices is to give interested Marketing Field Office, Marketing Order order, any provision of the order, or any
persons an opportunity to participate in the and Agreement Division, Specialty obligation imposed in connection with
rule making prior to the adoption of the final
rules.
Crops Program, AMS, USDA; the order is not in accordance with law
Telephone: (503) 326–2724, Fax: (503) and request a modification of the order
326–7440, or Email: DaleJ.Novotny@ or to be exempted therefrom. Such
DEPARTMENT OF AGRICULTURE usda.gov or GaryD.Olson@usda.gov. handler is afforded the opportunity for
Small businesses may request a hearing on the petition. After the
Agricultural Marketing Service information on complying with this hearing, USDA would rule on the
regulation by contacting Richard Lower, petition. The Act provides that the
7 CFR Part 927 Marketing Order and Agreement district court of the United States in any
Division, Specialty Crops Program, district in which the handler is an
[Doc. No. AMS–SC–18–0078; SC19–927–1 AMS, USDA, 1400 Independence inhabitant, or has his or her principal
PR] Avenue SW, STOP 0237, Washington, place of business, has jurisdiction to
DC 20250–0237; Telephone: (202) 720– review USDA’s ruling on the petition,
Pears Grown in Oregon and 2491, Fax: (202) 720–8938, or Email: provided an action is filed not later than
Washington; Change in Committee Richard.Lower@usda.gov. 20 days after the date of the entry of the
Structure for Processed Pears SUPPLEMENTARY INFORMATION: This ruling.
action, pursuant to 5 U.S.C. 553, Under the provisions of the Order, the
AGENCY: Agricultural Marketing Service, Processed Pear Committee consists of
proposes an amendment to regulations
USDA. ten members; three grower members,
issued to carry out a marketing order as
ACTION: Proposed rule. defined in 7 CFR 900.2(j). This proposed three handler members, three processor
rule is issued under Marketing Order members, and one member representing
SUMMARY: This proposed rule invites the public. Under the current
comments on a recommendation from No. 927, as amended (7 CFR part 927),
regulating the handling of pears grown provisions, for each member there are
the Processed Pear Committee two alternate members designated as the
(Committee) to change the Committee’s in Oregon and Washington. Part 927,
(hereinafter referred to as ‘‘the Order’’) ‘‘first alternate’’ and the ‘‘second
membership structure. This action alternate.’’ This proposed rule would
would remove the second alternate is effective under the Agricultural
Marketing Agreement Act of 1937, as change the membership structure of the
member position from the Committee Processed Pear Committee by removing
structure, leaving ten member positions amended (7 U.S.C. 601–674), hereinafter
referred to as the ‘‘Act.’’ The Committee the second alternate position for all
and one alternate position for each members. The Committee unanimously
respective member. locally administers the Order and is
comprised of growers, handlers and recommended this change at a meeting
DATES: Comments must be received by processors operating within the area of held on May 30, 2018.
January 14, 2019. production, and a public member. The membership structure of the
ADDRESSES: Interested persons are The Department of Agriculture Processed Pear Committee is established
invited to submit written comments (USDA) is issuing this proposed rule in in § 927.20(b) of the Order. In addition,
concerning this proposed rule. conformance with Executive Orders § 927.20(c) provides that the Secretary,
Comments must be sent to the Docket 13563 and 13175. This proposed rule upon recommendation of the
Clerk, Marketing Order and Agreement falls within a category of regulatory Committee, may reapportion members
Division, Specialty Crops Program, actions that the Office of Management among districts, may change the number
AMS, USDA, 1400 Independence and Budget (OMB) exempted from of members and alternate members, and
Avenue SW, STOP 0237, Washington, Executive Order 12866 review. may change the composition of the
DC 20250–0237; Fax: (202) 720–8938; or Additionally, because this proposed Committee by changing the ratio of
internet: http://www.regulations.gov. All rule does not meet the definition of a members, including their alternates. The
comments should reference the significant regulatory action, it does not Committee structure was reapportioned
document number and the date and trigger the requirements contained in in 2013; section 927.150 specifies the
page number of this issue of the Federal Executive Order 13771. See OMB’s current reapportioned Committee
Register and will be available for public Memorandum titled ‘‘Interim Guidance membership structure.
inspection in the Office of the Docket Implementing Section 2 of the Executive At its May 30, 2018, meeting, the
Clerk during regular business hours or Order of January 30, 2017, titled Committee unanimously recommended
can be viewed at: http:// ‘Reducing Regulation and Controlling changing the Committee structure by
amozie on DSK3GDR082PROD with PROPOSALS1
www.regulations.gov. All comments Regulatory Costs’ ’’ (February 2, 2017). removing the second alternate position.
submitted in response to this proposed This proposed rule has been reviewed In recent years, the Committee has
rule will be included in the record and under Executive Order 12988, Civil experienced difficulties in finding
will be made available to the public. Justice Reform. This rule is not intended enough eligible nominees to fill the
Please be advised that the identity of the to have retroactive effect. second alternate positions. It is the
individuals or entities submitting The Act provides that administrative Committee’s belief that continuing to fill
comments will be made public on the proceedings must be exhausted before the second alternate positions carries
internet at the address provided above. parties may file suit in court. Under limited benefit to their operation and
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![64296 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Proposed Rules
Dated: December 11, 2018. 2491, Fax: (202) 720–8938, or Email: on the petition. After the hearing, USDA
Bruce Summers, Richard.Lower@usda.gov. would rule on the petition. The Act
Administrator, Agricultural Marketing SUPPLEMENTARY INFORMATION: This provides that the district court of the
Service. proposal, pursuant to 5 U.S.C. 553, United States in any district in which
[FR Doc. 2018–27140 Filed 12–13–18; 8:45 am] proposes amendments to regulations the handler is an inhabitant, or has his
BILLING CODE 3410–02–P issued to carry out a marketing order as or her principal place of business, has
defined in 7 CFR 900.2(j). This proposal jurisdiction to review USDA’s ruling on
is issued under Marketing Order No. the petition, provided an action is filed
DEPARTMENT OF AGRICULTURE 956, as amended (7 CFR part 956), no later than 20 days after the date of
regulating the handling of sweet onions entry of the ruling.
Agricultural Marketing Service grown in the Walla Walla Valley of Section 1504 of the Food,
Southeast Washington and Northeast Conservation, and Energy Act of 2008
7 CFR Part 956 Oregon. Part 956 (referred to as the (2008 Farm Bill) (Pub. L. 110–246)
‘‘Order’’) is effective under the amended section 608c(17) of the Act,
[Doc. No. AMS–SC–18–0028; SC–18–956–1] which in turn required the addition of
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674), supplemental rules of practice to 7 CFR
Sweet Onions Grown in the Walla
hereinafter referred to as the ‘‘Act.’’ The part 900 (73 FR 49307; August 21,
Walla Valley of Southeast Washington
Committee locally administers the 2008). The amendment of section
and Northeast Oregon; Proposed
608c(17) of the Act and the
Amendments to Marketing Order 956 Order and is comprised of sweet onion
supplemental rules of practice authorize
and Referendum Order producers and handlers operating
the use of informal rulemaking (5 U.S.C.
within the area of production and a
AGENCY: Agricultural Marketing Service, 553) to amend Federal fruit, vegetable,
public member.
USDA. and nut marketing agreements and
Section 608c(17) of the Act and the
ACTION: Proposed rule and referendum
orders. USDA may use informal
applicable rules of practice and
order. rulemaking to amend marketing orders
procedure governing the formulation of
based on the nature and complexity of
marketing agreements and orders (7 CFR
SUMMARY: This document proposes the proposed amendments, the potential
part 900) authorizes amendment of the
amendments to Marketing Order No. regulatory and economic impacts on
Order through this informal rulemaking affected entities, and any other relevant
956, which regulates the handling of action.
sweet onions grown in the Walla Walla matters.
The Department of Agriculture AMS has considered these factors and
Valley of Southeast Washington and (USDA) is issuing this rule in
Northeast Oregon. The Walla Walla has determined that the amendments
conformance with Executive Orders proposed are not unduly complex and
Sweet Onion Marketing Committee 13563 and 13175. This action falls
(Committee) recommended changing the the nature of the proposed amendments
within a category of regulatory actions is appropriate for utilizing the informal
Committee’s size, quorum, and voting that the Office of Management and
requirements. The Committee also rulemaking process to amend the Order.
Budget (OMB) exempted from Executive The proposed amendments were
recommended changing the term of Order 12866 review. Additionally,
office and staggered term limits so that unanimously recommended by the
because this proposed rule does not Committee following deliberations at
the term of office for producers and meet the definition of a significant
handlers would be two fiscal periods two public meetings held on November
regulatory action, it does not trigger the 14, 2017, and March 3, 2018. The
instead of three fiscal periods, and one- requirements contained in Executive
half instead of one-third of the producer proposals would amend the Order by
Order 13771. See OMB’s Memorandum changing the Committee’s size, quorum,
and handler member terms would titled ‘‘Interim Guidance Implementing
expire every year. and voting requirements. This action
Section 2 of the Executive Order of would also change the term of office and
DATES: The referendum will be January 30, 2017, titled ‘Reducing staggered term limits so that the term of
conducted from December 17, 2018, Regulation and Controlling Regulatory office for producers and handlers would
through December 31, 2018. The Costs’ ’’ (February 2, 2017). be two fiscal periods instead of three
representative period for the referendum This proposal has been reviewed fiscal periods, and one-half instead of
is June 1, 2017, through May 31, 2018. under Executive Order 12988, Civil one-third of the producer and handler
FOR FURTHER INFORMATION CONTACT: Justice Reform. This rule is not intended member terms would expire every year.
Geronimo Quinones, Marketing to have retroactive effect. This rule shall If the proposed amendments are
Specialist, or Patty Bennett, Director, not be deemed to preclude, preempt, or finalized, the Committee would hold
Marketing Order and Agreement supersede any State program covering nominations for producer and handler
Division, Specialty Crops Program, sweet onions grown in the Walla Walla member and alternate positions. All the
AMS, USDA, 1400 Independence Valley of Southeast Washington and Committee’s producer and handler
Avenue SW, Stop 0237, Washington, DC Northeast Oregon. positions would be filled by new
20250–0237; Telephone: (202) 720– The Act provides that administrative nominations. Members and alternates
2491, Fax: (202) 720–8938, or Email: proceedings must be exhausted before who are currently serving could be
Geronimo.Quinones@usda.gov or parties may file suit in court. Under nominated to serve on the new
Patty.Bennett@usda.gov. section 608c(15)(A) of the Act, any Committee.
amozie on DSK3GDR082PROD with PROPOSALS1
Small businesses may request handler subject to an order may file A proposed rule soliciting comments
information on complying with this with USDA a petition stating that the on the proposed amendments was
regulation by contacting Richard Lower, order, any provision of the order, or any issued on July 19, 2018, and published
Marketing Order and Agreement obligation imposed in connection with in the Federal Register on July 24, 2018
Division, Specialty Crops Program, the order is not in accordance with law (83 FR 34953). One comment in support
AMS, USDA, 1400 Independence and request a modification of the order of the amendments was received. AMS
Avenue SW, STOP 0237, Washington, or to be exempted therefrom. A handler will conduct a producer referendum to
DC 20250–0237; Telephone: (202) 720– is afforded the opportunity for a hearing determine support for the proposed
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Document Created: 2018-12-14 03:50:35
Document Modified: 2018-12-14 03:50:35
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by January 14, 2019. | |
| 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: [email protected] or [email protected] | |
| FR Citation | 83 FR 64294 | |
| CFR Associated | Marketing Agreements; Pears and Reporting and Recordkeeping Requirements |
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