Rule2024-27383
Pears Grown in Oregon and Washington; Marketing Order Approval Requirement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 22, 2024
Effective
December 23, 2024
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
This rulemaking amends Marketing Order No. 927, which regulates the handling of pears grown in Oregon and Washington. The amendment revises the Fresh Pear Committee's (Committee) approval requirement for recommending modifications to the marketing order's fresh pear handling regulations from 80 to 75 percent.
Full Text
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<title>Federal Register, Volume 89 Issue 226 (Friday, November 22, 2024)</title>
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[Federal Register Volume 89, Number 226 (Friday, November 22, 2024)]
[Rules and Regulations]
[Pages 92569-92571]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27383]
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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.
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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 /
Rules and Regulations
[[Page 92569]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS-SC-22-0079]
Pears Grown in Oregon and Washington; Marketing Order Approval
Requirement
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rulemaking amends Marketing Order No. 927, which
regulates the handling of pears grown in Oregon and Washington. The
amendment revises the Fresh Pear Committee's (Committee) approval
requirement for recommending modifications to the marketing order's
fresh pear handling regulations from 80 to 75 percent.
DATES: This rule is effective December 23, 2024.
FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing
Specialist, or Matthew Pavone, Chief, Rulemaking Services Branch,
Market Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, Stop 0237, Washington, DC 20250-0237;
Telephone: (202) 720-8085, or Email: <a href="/cdn-cgi/l/email-protection#236446514c4d4a4e4c0d72564a4d4c4d465063565047420d444c55"><span class="__cf_email__" data-cfemail="430426312c2d2a2e2c6d12362a2d2c2d263003363027226d242c35">[email protected]</span></a> or
<a href="/cdn-cgi/l/email-protection#8bc6eaffffe3eefca5dbeafde4e5eecbfef8efeaa5ece4fd"><span class="__cf_email__" data-cfemail="561b3722223e332178063720393833162325323778313920">[email protected]</span></a>.
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Market Development Division,
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP
0237, Washington, DC 20250-0237; Telephone: (202) 720-8085, or Email:
<a href="/cdn-cgi/l/email-protection#94c6fdf7fcf5e6f0bad8fbe3f1e6d4e1e7f0f5baf3fbe2"><span class="__cf_email__" data-cfemail="396b505a51584b5d1775564e5c4b794c4a5d58175e564f">[email protected]</span></a>.
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 final 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 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 and
handlers of pears operating within the area of production.
The Agricultural Marketing Service (AMS) is issuing this final rule
in conformance with Executive Orders 12866, 13563, and 14094. Executive
Orders 12866 and 13563 direct agencies to assess all costs and benefits
of available regulatory alternatives and, if regulation is necessary,
to select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts, and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, reducing costs,
harmonizing rules, and promoting flexibility. Executive Order 14094
reaffirms, supplements, and updates Executive Order 12866 and further
directs agencies to solicit and consider input from a wide range of
affected and interested parties through a variety of means. This action
falls within a category of regulatory actions that the Office of
Management and Budget (OMB) exempted from Executive Order 12866 review.
This final rule has been reviewed under Executive Order 13175--
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have Tribal implications. AMS has determined this final rule is
unlikely to have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule shall not be deemed to preclude,
preempt, or supersede any State program covering pears grown in Oregon
and Washington.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 8c(15)(A) of the
Act (7 U.S.C. 608c(15)(A)), any handler subject to an order may file
with the U.S. Department of Agriculture (USDA) a petition stating that
the order, any provision of the order, or any obligation imposed in
connection with the order is not in accordance with law and request a
modification of the order or to be exempted therefrom. A handler is
afforded the opportunity for a hearing on the petition. After the
hearing, USDA would rule on the petition. The Act provides that the
district court of the United States in any district in which the
handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed no later than 20 days after the date of
entry of the ruling.
Section 1504 of the Food, Conservation, and Energy Act of 2008
(2008 Farm Bill) (Pub. L. 110-246) amended section 8c(17) of the Act,
which in turn required the addition of supplemental rules of practice
to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of
section 8c(17) of the Act and the supplemental rules of practice
authorize the use of informal rulemaking (5 U.S.C. 553) to amend
Federal fruit, vegetable, and nut marketing agreements and orders. USDA
may use informal rulemaking to amend marketing orders depending upon
the nature and complexity of the proposed amendment, the potential
regulatory and economic impacts on affected entities, and any other
relevant matters.
AMS has considered these factors and has determined that the
amendment in this final rule is not unduly complex, and the nature of
the amendment is appropriate for utilizing the informal rulemaking
process to amend the Order. This final rule modifies the Committee's
approval requirement for recommending modifications to the Order's
fresh pear handling regulations from 80 to 75 percent. During the
producer referendum, the amendment was favored by 99 percent of pear
producers voting, who represented 99 percent of the volume of pears
produced by those voting. A discussion of the potential regulatory and
economic impacts on affected entities is discussed later in the ``Final
Regulatory Flexibility Analysis'' section of this final rule. The
amendment applies equally to all producers and handlers, regardless of
[[Page 92570]]
size. The amendment also has no additional impact on the reporting,
record-keeping, or compliance costs of small businesses.
The Committee recommended this amendment to the Order following
deliberations at a public meeting held on June 2, 2022. The Committee
recommended this change by vote of nine in favor and two opposed, with
one abstention. The two opposing voters did not feel the proposed
change was necessary, and the abstention voter wanted an even lower
voter approval requirement. The Committee submitted its formal
recommendation to amend the Order through the informal rulemaking
process on August 23, 2022, and subsequently provided AMS clarification
about the recommendation on December 1, 2022.
A proposed rule soliciting public comments on the proposed
amendment published in the Federal Register on October 10, 2023 (88 FR
69888). AMS received one comment in support of the proposal. After
reviewing the comment, AMS published a proposed rule and referendum
order in the Federal Register on April 29, 2024 (89 FR 33288). The
proposed rule and referendum order directed that a referendum among
Oregon and Washington pear growers be conducted from May 13, 2024,
through May 27, 2024, to determine whether they favored the proposal.
To become effective, the amendment had to be approved by either two-
thirds of the producers voting in the referendum or by those
representing at least two-thirds of the volume of pears grown by those
voting in the referendum. During the referendum, producers showed
overwhelming support for the amendment.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), 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
businesses 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 700 growers of fresh pears in the
production area and 27 handlers subject to regulation under the Order.
At the time this analysis was prepared, small agricultural producers of
pears are defined by the Small Business Administration (SBA) as those
having annual receipts equal to or less than $3,500,000 (North American
Industry Classification System code 111339, Other Non-citrus Fruit
Farming), and small agricultural service firms are defined as those
whose annual receipts are equal to or less than $34,000,000 (North
American Industry Classification System Code 115114, Postharvest Crop
Activities) (13 CFR 121.201).
According to the National Agricultural Statistics Service (NASS),
the 2024 average grower price received for fresh pears produced in
Oregon and Washington was $28.13 per 44-pound standard box or
equivalent. Committee data indicates total production was 14,857,887
44-pound standard boxes or equivalent in the 2022-23 fiscal period. The
total 2022-23 fiscal period value of assessable fresh ``summer/fall''
and ``winter'' pears grown in Oregon and Washington was roughly
$417,952,361 (14,857,887 44-pound standard boxes or equivalent
multiplied by $28.13 per box equals $417,952,361). Dividing the crop
value by the estimated number of growers (700), yields an estimated
average receipt per grower of roughly $597,075.
According to USDA Market News data, the reported average terminal
price for 2024 Oregon and Washington fresh pears are roughly $39.24 per
44-pound standard box or equivalent (data reported in \4/5\ bushel).
Multiplying the Committee-reported 2022-23 Oregon and Washington total
production of 14,857,887 44-pound standard boxes or equivalent by the
estimated average price per box or equivalent of $39.24 equals roughly
$583,023,486. Dividing this figure by 27 regulated handlers yields
estimated average annual handler receipts of roughly $21,593,462. Using
the above data, the majority of growers and handlers of Oregon and
Washington fresh pears may be classified as small entities.
AMS has determined that the amendment, as effectuated by this final
rule, will not have a significant impact on a substantial number of
small businesses. Rather, large and small entities alike would be
expected to benefit from the Board's improved ability to address
important issues of interest to all on a timely basis. No small
businesses are unduly or disproportionately burdened.
This final rule revises a provision in the Order's subpart
regulating handling of pears grown in Oregon and Washington. This
change aligns the approval requirement for recommending modifications
to the Order's fresh pear handling regulations, with all other
Committee voting requirements within the Order. The revised voting
requirements will result in less confusion for some Committee members,
which can disrupt Committee operations.
The Committee considered the benefits and costs of maintaining the
status quo as an alternative to this action. However, the Committee
believes it is necessary to bring all voting requirements in-line for
clarity and understanding to ensure the efficient execution of the
Order.
Paperwork Reduction Act
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 because of this action.
Should any changes become necessary, they would be submitted to OMB for
approval.
This final rule does not impose additional reporting or
recordkeeping requirements on either small or large 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 action.
The Committee's meetings are widely publicized throughout the pear
production area. All interested persons were invited to attend the
meetings and encouraged to participate in Committee deliberations on
all issues. Like all Committee meetings, the meeting held on June 2,
2022, was open to the public, and all entities, both large and small,
were encouraged to express their views on the proposed amendment.
A proposed rule concerning this action published in the Federal
Register on October 10, 2023 (88 FR 69888). A copy of the rule was sent
via email to Committee staff for distribution to all Committee members
and Oregon and Washington pear growers and handlers. The proposed rule
was also made available by USDA through the internet and the Office of
the Federal Register. A
[[Page 92571]]
60-day comment period ending December 11, 2023, was provided to allow
interested persons an opportunity to respond to the proposal. AMS
received one comment in support of the proposed amendment during the
comment period. Based on all the information available to AMS,
including the comment received in response to the proposed rule, no
substantive changes were made to the amendment as proposed.
A proposed rule and referendum order was then published on April
29, 2024 (89 FR 33288). That document directed that a referendum among
Oregon and Washington pear producers be conducted from May 13, 2024,
through May 27, 2024, to determine whether they favored the proposal.
To become effective, the amendment had to be approved by either two-
thirds of the producers voting in the referendum or by those
representing at least two-thirds of the volume of pears grown by those
voting in the referendum. The referendum results show the amendment was
supported by 99 percent of producers voting, who represented 99 percent
of the volume of pears produced by those voting.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
<a href="https://www.ams.usda.gov/rules-regulations/moa/small-businesses">https://www.ams.usda.gov/rules-regulations/moa/small-businesses</a>. Any
questions about the compliance guide should be sent to Richard Lower at
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
Order Amending the Order Regulating the Handling of Pears Grown in
Oregon and Washington <SUP>1</SUP>
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\1\ This order shall not become effective unless and until the
requirements of Sec. 900.14 of the rules of practice and procedure
governing proceedings to formulate marketing agreements and
marketing orders have been met.
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Findings and Determinations
The findings and determinations hereinafter set forth are
supplementary to the findings and determinations which were previously
made in connection with the issuance of Marketing Order 927; and all
said previous findings and determinations are hereby ratified and
affirmed, except insofar as such findings and determinations may be in
conflict with the findings and determinations set forth herein.
1. Marketing Order 927 as amended, and as hereby amended and all
the terms and conditions thereof, will tend to effectuate the declared
policy of the Act;
2. Marketing Order 927 as amended, and as hereby amended regulates
the handling of pears grown in Oregon and Washington and is applicable
only to persons in the respective classes of commercial and industrial
activity specified in the Order;
3. Marketing Order 927 as amended, and as hereby amended is limited
in application to the smallest regional production area, which is
practicable, consistent with carrying out the declared policy of the
Act, and the issuance of several marketing orders applicable to
subdivisions of the production area would not effectively carry out the
declared policy of the Act;
4. Marketing Order 927 as amended, and as hereby amended
prescribes, insofar as practicable, such different terms applicable to
different parts of the production area as are necessary to give due
recognition to the differences in the production and marketing of pears
produced or packed in the production area; and
5. All handling of pears grown or handled in the production area,
as defined in Marketing Order 927 is in the current of interstate or
foreign commerce or directly burdens, obstructs, or affects such
commerce.
(b) Determinations.
It is hereby determined that:
1. The issuance of this amendatory Order, amending the aforesaid
Order, is favored or approved by producers representing at least two-
thirds of the volume of pears produced by those voting in a referendum
on the question of approval and who, during the period of July 1, 2022,
through June 30, 2023, were engaged within the production area in the
production of such pears.
2. The issuance of this amendatory Order advances the interests of
producers of pears in the production area pursuant to the declared
policy of the Act.
Order Relative to Handling
It is therefore ordered, that on and after the effective date
hereof, all handling of pears grown in Oregon and Washington shall be
in conformity to, and in compliance with, the terms and conditions of
the said Order as hereby proposed to be amended as follows:
The provisions of the proposed marketing order amending the Order
contained in the proposed rule issued by the Administrator and
published in the Federal Register (88 FR 69888) on October 10, 2023,
will be and are the terms and provisions of this order amending the
Order and are set forth in full herein.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, the AMS proposes to
amend 7 CFR part 927 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. Amend Sec. 927.52 by revising paragraph (a) to read as follows:
Sec. 927.52 Prerequisites to recommendations.
(a) Decisions of the Fresh Pear Committee or the Processed Pear
Committee with respect to any recommendations to the Secretary pursuant
to the establishment or modification of a supplemental rate of
assessment for an individual variety or subvariety of pears shall be
made by affirmative vote of not less than 75 percent of the applicable
total number of votes, computed in the manner described in paragraph
(b) of this section, of all members. Decisions of the Fresh Pear
Committee pursuant to the provisions of Sec. 927.50 shall be made by
an affirmative vote of not less than 75 percent of the applicable total
number of votes, computed in the manner prescribed in paragraph (b) of
this section, of all members.
* * * * *
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-27383 Filed 11-21-24; 8:45 am]
BILLING CODE P
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