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.

Proposed Rules Federal Register

64294 

Vol. 83, No. 240 

Friday, December 14, 2018 

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: 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, 

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’ ’’ (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 § 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 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 


amozie on DSK3GDR082PROD with PROPOSALS1
Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Proposed Rules 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 § 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 § 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 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 

■ 1. The authority citation for 7 CFR 

part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Revise § 927.150 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. 


amozie on DSK3GDR082PROD with PROPOSALS1
64296 Federal Register / Vol. 83, No. 240 / Friday, December 14, 2018 / Proposed Rules 

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 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 956 

[Doc. No. AMS–SC–18–0028; SC–18–956–1] 

Sweet Onions Grown in the Walla 

Walla Valley of Southeast Washington 

and Northeast Oregon; Proposed 

Amendments to Marketing Order 956 

and Referendum Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule and referendum 

order. 

SUMMARY: This document proposes 

amendments to Marketing Order No. 

956, which regulates the handling of 

sweet onions grown in the Walla Walla 

Valley of Southeast Washington and 

Northeast Oregon. The Walla Walla 

Sweet Onion Marketing Committee 

(Committee) recommended changing the 

Committee’s size, quorum, and voting 

requirements. The Committee also 

recommended changing the term of 

office and staggered term limits so that 

the term of office for producers and 

handlers would be two fiscal periods 

instead of three fiscal periods, and onehalf instead of one-third of the producer 

and handler member terms would 

expire every year. 

DATES: The referendum will be 

conducted from December 17, 2018, 

through December 31, 2018. The 

representative period for the referendum 

is June 1, 2017, through May 31, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Geronimo Quinones, Marketing 

Specialist, or Patty Bennett, Director, 

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: 

Geronimo.Quinones@usda.gov or 

Patty.Bennett@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 

proposal, pursuant to 5 U.S.C. 553, 

proposes amendments to regulations 

issued to carry out a marketing order as 

defined in 7 CFR 900.2(j). This proposal 

is issued under Marketing Order No. 

956, as amended (7 CFR part 956), 

regulating the handling of sweet onions 

grown in the Walla Walla Valley of 

Southeast Washington and Northeast 

Oregon. Part 956 (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 sweet onion 

producers and handlers operating 

within the area of production and a 

public member. 

Section 608c(17) of the Act and the 

applicable rules of practice and 

procedure governing the formulation of 

marketing agreements and orders (7 CFR 

part 900) authorizes amendment of the 

Order through this informal rulemaking 

action. 

The Department of Agriculture 

(USDA) is issuing this 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 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’ ’’ (February 2, 2017). 

This proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This rule shall 

not be deemed to preclude, preempt, or 

supersede any State program covering 

sweet onions grown in the Walla Walla 

Valley of Southeast Washington and 

Northeast Oregon. 

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 

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 608c(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 

608c(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 

based on the nature and complexity of 

the proposed amendments, the potential 

regulatory and economic impacts on 

affected entities, and any other relevant 

matters. 

AMS has considered these factors and 

has determined that the amendments 

proposed are not unduly complex and 

the nature of the proposed amendments 

is appropriate for utilizing the informal 

rulemaking process to amend the Order. 

The proposed amendments were 

unanimously recommended by the 

Committee following deliberations at 

two public meetings held on November 

14, 2017, and March 3, 2018. The 

proposals would amend the Order by 

changing the Committee’s size, quorum, 

and voting requirements. This action 

would also change the term of office and 

staggered term limits so that the term of 

office for producers and handlers would 

be two fiscal periods instead of three 

fiscal periods, and one-half instead of 

one-third of the producer and handler 

member terms would expire every year. 

If the proposed amendments are 

finalized, the Committee would hold 

nominations for producer and handler 

member and alternate positions. All the 

Committee’s producer and handler 

positions would be filled by new 

nominations. Members and alternates 

who are currently serving could be 

nominated to serve on the new 

Committee. 

A proposed rule soliciting comments 

on the proposed amendments was 

issued on July 19, 2018, and published 

in the Federal Register on July 24, 2018 

(83 FR 34953). One comment in support 

of the amendments was received. AMS 

will conduct a producer referendum to 

determine support for the proposed 


amozie on DSK3GDR082PROD with PROPOSALS1