Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 21615 

Vineyard, Perkins, Phillips, Rangeley, 

Rangeley Plantation, Redington, Salem, 

Sandy River Plantation, Strong, Temple, 

Township 6 North of Weld, Township 

D, Township E, Washington, Weld, 

Wilton, and Wyman. 

* * * * * 

Penobscot County. The townships of 

Alton, Argyle, Bangor City, Bradford, 

Bradley, Brewer City, Burlington, 

Carmel, Carroll Plantation, Charleston, 

Chester, Clifton, Corinna, Corinth, 

Dexter, Dixmont, Drew Plantation, E. 

Millinocket, Eddington, Edinburg, 

Enfield, Etna, Exeter, Garland, 

Glenburn, Grand Falls Plantation, 

Greenbush, Greenfield, Grindstone, 

Hampden, Hermon, Hersey Town, 

Holden, Hopkins Academy Grant, 

Howland, Hudson, Indian Purchase, 

Kenduskeag, Kingman, Lagrange, 

Lakeville, Lee, Levant, Lincoln, Long A, 

Lowell, Mattamiscontis, Mattawamkeag, 

Maxfield, Medway, Milford, 

Millinocket, Mount Chase, Newburgh, 

Newport, Old Town City, Orono, 

Orrington, Passadumkeag, Patten, 

Plymouth, Prentiss Plantation, Seboeis 

Plantation, Soldiertown, Springfield, 

Stacyville, Stetson, Summit, Veazie, 

Veazie Gore, Webster Plantation, Winn, 

Woodville, T1 ND, T1 R6 WELS, T1 R8 

WELS, T2 R8 NWP, T2 R8 WELS, T2 R9 

NWP, T3 R1 NBPP, T3 R9 NWP, T5 R1 

NBPP, T5 R8 WELS, T6 R8 WELS, TA 

R7, TA R8, TA R9, and the portion of 

T3 R8 within the boundaries of Baxter 

State Park. 

Piscataquis County. The townships of 

Abbot, Atkinson, Barnard, Blanchard 

Plantation, Bowerbank, Brownville, 

Dover-Foxcroft, Elliotsville, Greenville, 

Guilford, Katahdin Iron Works, 

Kingsbury Plantation, Lakeview 

Plantation, Medford, Milo, Monson, 

Mount Katahdin, Nesourdnahunk, 

Orneville, Parkman, Sangerville, Sebec, 

Shirley, Trout Brook, Wellington, 

Williamsburg, Willimantic, T1 R9 

WELS, T1 R10 WELS, T1 R11 WELS, T2 

R10 WELS, T2 R9 WELS, T3 R10 WELS, 

T4 R9 NWP, T4 R9 WELS, T5 R9 NWP, 

T5 R9 WELS, T6 R10 WELS, T7 R9 

NWP, TA R10 WELS, TA R11 WELS, TB 

R10 WELS, TB R11 WELS, and the 

portion of T4 R10 WELS within the 

boundaries of Baxter State Park. 

* * * * * 

Somerset County. The townships of 

Anson, Athens, Bald Mountain, 

Bigelow, Bingham, Bowtown, Brighton 

Plantation, Cambridge, Canaan, 

Caratunk, Carrying Place, Carrying Place 

Town, Concord Plantation, Cornville, 

Dead River, Detroit, East Moxie, 

Embden, Fairfield, Harmony, Hartland, 

Highland Plantation, Lexington 

Plantation, Lower Enchanted, Madison, 

Mayfield, Mercer, Moscow, Moxie Gore, 

New Portland, Norridgewock, Palmyra, 

Pierce Pond, Pittsfield, Pleasant Ridge 

Plantation, Ripley, Skowhegan, 

Smithfield, Solon, St. Albans, Starks, 

The Forks Plantation, West Forks 

Plantation, and T3 R4 BKP WKR. 

* * * * * 

Ohio 

* * * * * 

Athens County. The entire county. 

* * * * * 

Crawford County. The entire county. 

* * * * * 

Marion County. The entire county. 

* * * * * 

Vinton County. The entire county. 

* * * * * 

Virginia 

* * * * * 

City of Covington. The entire city. 

* * * * * 

City of Radford. The entire city. 

* * * * * 

Bland County. The entire county. 

* * * * * 

Floyd County. The entire county. 

* * * * * 

Franklin County. The entire county. 

* * * * * 

Pulaski County. The entire county. 

* * * * * 

West Virginia 

* * * * * 

Fayette County. The entire county. 

* * * * * 

Wisconsin 

* * * * * 

Ashland County. Madeline Island area 

and Apostle Islands National Lakeshore 

(island units only). 

* * * * * 

Iron County. The entire county. 

* * * * * 

Monroe County. The entire county. 

* * * * * 

Done in Washington, DC, this 13th day of 

April 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–9291 Filed 4–15–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Doc. No. AMS–FV–11–0019; FV11–916/917– 

5 IR] 

Nectarines and Peaches Grown in 

California; Suspension of Handling 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule suspends the 

quality, inspection, reporting, and 

assessment requirements specified 

under the California nectarine and 

peach marketing orders (orders). The 

orders regulate the handling of 

nectarines and peaches grown in 

California. During recent referenda, less 

than the required two-thirds majority of 

growers, by number and production 

volume, favored continuation of the 

orders. After consideration of the 

referendum results and other factors, the 

Department of Agriculture (USDA) has 

decided to seek termination of the 

orders. Suspension of the handling 

regulations for the 2011 and subsequent 

marketing seasons will relieve handlers 

of all regulatory burden under the 

orders while USDA processes the 

terminations. Termination of the orders 

must be delayed until after a 60-day 

Congressional notification period 

following issuance of a proposed rule, 

which will be published in a future 

issue of the Federal Register. 

DATES: Effective April 19, 2011; 

comments received by June 17, 2011 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, 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 

made available for public inspection at 

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 

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 the 


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21616 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: Jerry 

L. Simmons, Marketing Specialist, or 

Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901; Fax: (559) 487–5906; or E-mail: 

Jerry.Simmons@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491; Fax: (202) 720–8938; or E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order Nos. 

916 and 917, both as amended (7 CFR 

parts 916 and 917), regulating the 

handling of nectarines and peaches 

grown in California, respectively, 

hereinafter referred to as the ‘‘orders.’’ 

The orders are 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. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Regulatory requirements for 

nectarines and peaches grown in 

California are suspended indefinitely 

beginning with the 2011 marketing 

season. 

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. 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 

not later than 20 days after the date of 

the entry of the ruling. 

This action suspends for the 2011 and 

subsequent marketing seasons the 

quality, inspection, reporting, and 

assessment requirements for nectarines 

and peaches specified under the orders. 

Suspension of the handling 

requirements will relieve handlers of all 

regulatory burdens associated with the 

programs while USDA seeks to 

terminate the orders, which are no 

longer favored by industry growers. 

The nectarine order has been in effect 

since 1958. The peach order, which 

includes provisions for the handling of 

fresh pears, has been in effect since 

1939. The orders have been used over 

the years to provide the California tree 

fruit industries with authority for grade, 

size, maturity, pack, and container 

regulations, as well as authority for 

inspection requirements. The orders 

also authorize production research and 

marketing research and development 

projects, as well as the necessary 

reporting and recordkeeping functions 

required for operation. The programs are 

funded by assessments imposed on 

handlers. 

Sections 916.64(e) and 917.61(e) of 

the orders require continuance 

referenda to be conducted every fourth 

year between December 1 and February 

15. During the period January 12 

through February 2, 2011, USDA 

conducted referenda among growers to 

determine if they favored continuation 

of their programs. The referendum order 

published in the Federal Register on 

December 13, 2010 (75 FR 77563), 

explained that USDA would consider 

terminating the orders if fewer than twothirds of the growers voting and growers 

of less than two-thirds of the production 

volume represented in the referenda 

favored continuance. 

Ballots were mailed to 447 known 

nectarine and peach growers in 

California. Ninety-nine valid nectarine 

ballots and 102 valid peach ballots were 

returned. Only 63 percent of 

participating nectarine growers, who 

produced 36 percent of the volume 

represented in the referendum, favored 

continuation of the nectarine order. 

Only 62 percent of the peach growers, 

who produced 36 percent of the volume 

represented in the referendum, favored 

continuing the peach order. 

During the same period, referendum 

ballots were mailed to 140 pear growers. 

Thirty-four valid ballots were returned. 

Ninety-four percent of participating pear 

growers, who produced 99 percent of 

the production volume represented in 

the referendum, voted to continue the 

fresh pear order. The provisions of 

Marketing Order No. 917 (7 CFR part 

917) pertaining to pears have been 

suspended since 1994 (59 FR 10055; 

March 5, 1994). However, because pear 

growers support continuance of the 

suspended provisions, USDA does not 

intend to terminate the pear provisions 

at this time. The remainder of this 

document pertains to the suspension of 

regulations under the nectarine and 

peach orders only. 

These are the second consecutive 

referenda in which growers have failed 

to support continuation of the nectarine 

and peach orders. In 2003, growers did 

not vote in favor of continuing the 

programs. However, after conducting 

listening sessions with the industry, 

USDA determined that with certain 

modifications the order programs could 

continue to be beneficial. The orders 

were amended (71 FR 41345; July 21, 

2006) and regulatory changes were 

made that were intended to make the 

programs relevant to contemporary 

industry needs (72 FR 18847; April 16, 

2007). No continuance referenda were 

conducted in 2007 because the orders 

were being amended at the time. 

Despite USDA efforts to help refine 

the programs over the past several years, 

growers have continued to express their 

belief that the programs no longer meet 

their needs. These referendum results 

demonstrate a lack of grower support 

needed to carry out the objectives of the 

Act. Thus, it has been determined that 

the provisions of the orders no longer 

tend to effectuate the declared policy of 

the Act. USDA intends to seek 

termination of the orders through the 

informal rulemaking process and will 

publish a proposed rule regarding the 

terminations in a future issue of the 

Federal Register. Additionally, USDA is 

required to notify Congress not later 

than 60 days before the date the order 

would be terminated. 

The 2011–12 fiscal year for California 

nectarines and peaches began March 1, 

2011. The 2011 marketing season begins 

on April 1. This action suspends the 

nectarine and peach quality, inspection, 

and assessment regulations in effect 

under the orders for the 2011–12 and 

subsequent marketing seasons. Also, 

handler reports would not be required 

beginning with the 2011 marketing 

season. Suspending all regulatory 

requirements relieves handlers of all 

regulatory burden under the orders. 

It is hereby determined that the 

quality, inspection, reporting, and 

assessment requirements specified in 

Sections 916.110, 916.115, 916.234, 

916.235, 916.350, and 916.356 for 

nectarines do not effectuate the declared 

policy of the Act and should not be 

applied during the 2011–12 and 

subsequent seasons. Further, it is hereby 

determined that the quality, inspection, 

reporting, and assessment requirements 

specified in Sections 917.143, 917.150, 

917.258, 917.259, 917.442, and 917.459 

for peaches do not effectuate the 


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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 21617 

declared policy of the Act and should 

not be applied during the 2011–12 and 

subsequent seasons. Therefore, these 

sections are suspended effective April 

19, 2011. Upon termination of the order 

provisions pertaining to nectarines and 

peaches grown in California, these and 

other regulations under the orders 

would no longer be in effect. 

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 

action 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, 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 97 California 

nectarine and peach handlers subject to 

regulation under the orders covering 

nectarines and peaches grown in 

California, and about 447 growers of 

these fruits in California. Small 

agricultural service firms, which 

include handlers, are defined by the 

Small Business Administration (SBA) 

(13 CFR 121.201) as those having annual 

receipts of less than $7,000,000, and 

small agricultural growers are defined as 

those having annual receipts of less than 

$750,000. A majority of these handlers 

and growers may be classified as small 

entities. 

For the 2010 marketing season, the 

committees’ staff estimated that the 

average handler price received was 

$10.50 per container or container 

equivalent of nectarines or peaches. A 

handler would have to ship at least 

666,667 containers to have annual 

receipts of $7,000,000. Given data on 

shipments maintained by the 

committees’ staff and the average 

handler price received during the 2010 

season, the committees’ staff estimates 

that approximately 46 percent of 

handlers in the industry would be 

considered small entities. 

For the 2010 marketing season, the 

committees’ staff estimated the average 

grower price received was $5.50 per 

container or container equivalent for 

nectarines and peaches. A grower would 

have to produce at least 136,364 

containers of nectarines and peaches to 

have annual receipts of $750,000. Given 

data maintained by the committees’ staff 

and the average grower price received 

during the 2010 season, the committees’ 

staff estimates that more than 80 percent 

of the growers within the industry 

would be considered small entities. 

This rule suspends the quality, 

inspection, and assessment 

requirements for nectarines and peaches 

under the orders. Also, handler reports 

would not be required beginning with 

the 2011 marketing season. This action 

is consistent with USDA’s decision to 

seek termination of the nectarine and 

peach order provisions. Growers 

recently participated in continuance 

referenda to determine current support 

for the orders. Less than the required 

two-thirds majority of voters, by number 

and production volume, favored 

continuance. As provided in the orders, 

USDA is obligated to consider order 

termination when growers fail to 

support the order programs in sufficient 

numbers. Following the 2003 

continuance referenda, in which voters 

did not support continuation of the 

programs, USDA conducted listening 

sessions in the industry. It was 

determined at that time that the 

programs might continue to benefit 

growers and handlers if certain 

modifications were made to the 

programs. The orders were amended in 

2006 (71 FR 41345; July 21, 2006). 

Significant changes to the orders’ grade 

and inspection regulations were 

subsequently made to reduce costs to 

handlers (72 FR 18847; April 16, 2007). 

The industries then transferred the bulk 

of their promotional activities to 

California State marketing programs. 

The California State marketing programs 

were subsequently discontinued in 

2010. Despite all these attempts to 

modify the Federal programs, the 

industry has continued to express its 

belief that the benefits of the programs 

no longer outweigh the costs. Therefore, 

USDA has decided to seek termination 

of the nectarine and peach marketing 

order programs. Suspension of the 

regulations would relieve handlers of 

quality, inspection, and assessment 

burdens during the termination process. 

Also, handler reports would not be 

required beginning with the 2011 

marketing season. Additionally, growers 

may be relieved of some costs, such as 

assessment expenses, which are often 

passed onto them by handlers. 

Suspension of the requirements is 

therefore expected to reduce the 

regulatory burden on handlers and 

growers of all sizes. 

As an alternative to this rule, AMS 

considered not suspending the stated 

handler requirements. In that case, 

handlers would have to comply with all 

quality, inspection, assessment, and 

reporting requirements until the orders 

were terminated. However, AMS does 

not believe that it is appropriate to 

require handlers to continue to be 

regulated during the 2011 marketing 

season when AMS intends to terminate 

the orders as soon as practicable. 

Therefore, this alternative was rejected 

and handlers will be relieved of the 

regulatory burdens under orders 916 

and 917. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

California nectarine or peach 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. 

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. 

Finally, interested persons are invited 

to submit comments on this interim 

rule, including the regulatory and 

informational impacts of this action on 

small businesses. 

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/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously-mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on 

suspension of the quality, inspection, 

reporting, and assessment requirements 

currently prescribed under the 

marketing orders for California fresh 

nectarines and peaches. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, including the results 

of recent grower continuance referenda, 

it is found that the regulatory 

requirements suspended by this interim 

rule, as hereinafter set forth, do not tend 

to effectuate the declared policy of the 

Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect, and that good cause 


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21618 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This rule should be 

implemented as soon as possible, since 

shipments of California nectarines and 

peaches are expected to begin in early 

April; (2) less than the required twothirds majority of voters, by number or 

production volume, favored 

continuance of the nectarine and peach 

orders in the recent referenda; (3) 

handlers are aware of USDA’s intention 

to suspend the regulations, which was 

announced in a press release issued on 

March 25, 2011; and (4) this rule 

provides a 60-day comment period, and 

any comments received will be 

considered prior to finalization of this 

rule. 

List of Subjects 

7 CFR Part 916 

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917 

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR parts 916 and 917 are 

amended as follows: 

■ 1. The authority citation for 7 CFR 

parts 916 and 917 continues to read as 

follows: 

Authority: 7 U.S.C. 601–674. 

PART 916—NECTARINES GROWN IN 

CALIFORNIA 

■ 2. In part 916, §§ 916.110, 916.115, 

916.234, 916.235, 916.350, and 916.356 

are suspended indefinitely, effective 

April 19, 2011. 

PART 917—FRESH PEARS AND 

PEACHES GROWN IN CALIFORNIA 

■ 3. In part 917, § 917.143, paragraph 

(b), lift the suspensions of March 3, 

1994 (59 FR 10056); and suspend 

§§ 917.143, 917.150, 917.258, 917.259, 

917.442, and 917.459 indefinitely, 

effective April 19, 2011. 

Dated: April 12, 2011. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–9328 Filed 4–15–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 924 

[Docket No. AMS–FV–10–0053; FV10–924– 

1 FR] 

Fresh Prunes Grown in Designated 

Counties in Washington and in 

Umatilla County, OR; Termination of 

Marketing Order 924 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule, termination of order. 

SUMMARY: This final rule terminates the 

Federal marketing order regulating the 

handling of fresh prunes grown in 

designated counties in Washington and 

in Umatilla County, Oregon, and the 

rules and regulations issued thereunder. 

The Department of Agriculture (USDA) 

has determined that the marketing order 

is no longer an effective marketing tool 

for the fresh prune industry, and that 

termination best serves the current 

needs of the industry while also 

eliminating the costs associated with the 

operation of the marketing order. 

DATES: Effective Date: April 19, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Martin Engeler, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey Street, Suite 102–B, Fresno, 

California 93721, telephone: (559) 487– 

5110, Fax: (559) 487–5906, or E-mail: 

Martin.Engeler@ams.usda.gov; or Robert 

Curry, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 805 SW Broadway, Suite 

930, Portland, Oregon 97205, telephone: 

(503) 326–2724, Fax: (503) 326–7440, or 

E-mail: Robert.Curry@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action is governed by section 

608c(16)(A) of the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act’’, and § 924.64 of 

Marketing Agreement and Order No. 

924, both as amended (7 CFR part 924), 

effective under the Act and hereinafter 

referred to as the ‘‘order.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

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. 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 

not later than 20 days after the date of 

the entry of the ruling. 

This rule terminates Federal 

Marketing Order No. 924 and the rules 

and regulations issued thereunder. The 

order contains authority for regulation 

of the handling of fresh prunes grown in 

designated counties in Washington and 

in Umatilla County, Oregon. At a 

meeting held in Prosser, Washington, on 

June 1, 2010, the Committee 

unanimously recommended termination 

of the order. 

Section 924.64 of the order provides, 

in pertinent part, that USDA terminate 

or suspend any or all provisions of the 

order when a finding is made that the 

order does not tend to effectuate the 

declared policy of the Act. Section 

608c(16)(A) of the Act provides that 

USDA terminate or suspend the 

operation of any order whenever the 

order or provision thereof obstructs or 

does not tend to effectuate the declared 

policy of the Act. Additionally, USDA is 

required to notify Congress not later 

than 60 days before the date the order 

would be terminated. 

The order, which was effectuated in 

1960, provided the fresh prune industry 

in Washington and Oregon with 

authority for grade, size, quality, 

maturity, pack, and container 

regulations, as well as authority for 

mandatory inspection. The order also 

contained authorization for production 

research and marketing research and 

development projects, as well as the 

necessary reporting, recordkeeping, and 

assessment functions required for 

operation. 

Based on the Committee’s 

recommendation, USDA suspended the 

order’s handling regulations on May 9, 

2006 (71 FR 26817). The suspended 


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