24036 Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–12–0032; FV12–927–3 

FR] 

Pears Grown in Oregon and 

Washington; Committee Membership 

Reapportionment for Processed Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule reapportions the 

membership of the Processed Pear 

Committee (Committee) established 

under the Oregon-Washington pear 

marketing order. The marketing order 

regulates the handling of processed 

pears grown in Oregon and Washington, 

and is administered locally by the 

Committee. This rule reapportions the 

processor membership such that the 

three processor members and alternate 

members will be selected from the 

production area at-large rather than 

from a specific district. In an industry 

with few processors, this change will 

provide the flexibility needed to help 

ensure that all processor member 

positions are filled, resulting in effective 

representation of the processed pear 

industry on the Committee. 

DATES: Effective July 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-Mail: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 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, hereinafter 

referred to as the ‘‘order.’’ 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 Department of Agriculture 

(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 final rule reapportions the 

membership of the Committee 

established under the OregonWashington pear marketing order. This 

rule reapportions the processor 

membership such that the three 

processor members and alternate 

members will be selected from the 

production area at-large rather than 

from a specific district. With nine out of 

ten members present (the District 2 

processor position is vacant), the 

Committee unanimously recommended 

this change at a meeting held on May 

30, 2012, with a request that the change 

be made effective by July 1, 2013. 

Section 927.20(b) establishes the 

Processed Pear Committee consisting of 

ten members. Three members are 

growers, three members are handlers, 

three members are processors, and one 

member represents the public. For each 

member, there are two alternate 

members, designated as the ‘‘first 

alternate’’ and the ‘‘second alternate,’’ 

respectively. Committee membership is 

apportioned among two districts. 

Section 927.11(b) defines District 1 as 

the State of Washington and District 2 

as the State of Oregon. Prior to this 

action, District 1 was represented by 

two grower members, two handler 

members, and two processor members. 

District 2 was represented by one 

grower member, one handler member, 

and one processor member. 

The order provides in § 927.20(c) that 

USDA, upon recommendation of the 

Committee, may reapportion members 

among districts, may change the number 

of members and alternate members, and 

may change the composition by 

changing the ratio of members, 

including their alternate members. 

This rule adds a new § 927.150 to the 

order’s administrative rules and 

regulations reapportioning the processor 

membership such that the three 

processor members and alternate 

members will be selected from the 

production area at-large rather than 

from a specific district. The Committee 

recommended this change because there 

are no longer any pear processors in 

District 2, and the District 2 processor 

member and alternate member positions 

on the Committee are currently vacant. 

This change results in more effective 

representation of the processed pear 

industry by allowing the Committee to 

fill these vacant positions with 

processors from District 1. 

Reapportioning the processor 

membership will allow all processor 

member and alternate member positions 

to be filled. The Committee 

recommended maintaining the three 

processor member positions, but 

specified that such members and 

alternate members may be located in 

either district. The regulatory language 

includes flexibility that provides 

opportunity for representation from 

District 2 should a processor once again 

process pears in that district. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), the Agricultural 

Marketing Service (AMS) has 

considered the economic impact of this 

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 

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 rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 1,500 

producers of processed pears in the 

regulated production area and 

approximately 46 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 $7,000,000. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Rules and Regulations 24037 

According to the Noncitrus Fruits and 

Nuts 2011 Preliminary Summary issued 

in March 2012 by the National 

Agricultural Statistics Service, the total 

farm-gate value of summer/fall 

processed pears grown in Oregon and 

Washington for 2011 was $35,315,000. 

Based on the number of processed pear 

producers in Oregon and Washington, 

the average gross revenue for each 

producer can be estimated at 

approximately $23,543. Furthermore, 

based on Committee records, the 

Committee has estimated that all of the 

Oregon-Washington pear handlers 

currently ship less than $7,000,000 

worth of processed pears each on an 

annual basis. From this information, it 

is concluded that the majority of 

producers 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. All three pear 

processors would be considered large 

entities under the SBA’s definition of 

small businesses. 

This rule adds a new § 927.150 to the 

order’s administrative rules and 

regulations reapportioning the processor 

membership such that the three 

processor members will be selected 

from the production area at-large. This 

rule will be effective July 1, 2013. 

Authority for reapportioning the 

Committee is provided in § 927.20(c) of 

the order. 

The Committee believes that this 

action will not negatively impact 

producers, handlers, or processors in 

terms of cost. The benefits for this rule 

are not expected to be 

disproportionately greater or less for 

small producers, handlers, or processors 

than for larger entities. 

The Committee discussed alternatives 

to this rule, including leaving the 

District 2 processor member and 

alternate member positions vacant. 

However, the Committee believes that 

three members should continue to 

represent processors on the Committee, 

except the representative should be 

chosen from the production area at-large 

rather than from a specific district. 

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 the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

Fruit Crops. No changes in those 

requirements as a result of this action 

are necessary. Should any changes 

become necessary, they will be 

submitted to OMB for approval. 

Additional reporting or recordkeeping 

requirements will not be imposed on 

either small or large 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. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this final rule. 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Oregon-Washington pear industry and 

all interested persons were invited to 

attend and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the May 30, 2012, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on December 5, 2012 (77 FR 

72245). The Committee made copies of 

the proposed rule available to the 

processed pear industry. Finally, the 

rule was made available through the 

Internet by USDA and the Office of the 

Federal Register. A 60-day comment 

period ending February 4, 2013, was 

provided to allow interested persons to 

respond to the proposal. No comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: www.ams.usda.gov/ 

MarketingOrderSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 927 is amended as 

follows: 

PART 927—PEARS GROWN IN 

OREGON AND WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 927 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. An undesignated center heading 

and § 927.150 are added to read as 

follows: 

Administrative Bodies 

§ 927.150 Reapportionment of the 

Processed Pear Committee. 

Pursuant to § 927.20(c), on and after 

July 1, 2013, 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 are 

two alternate members, designated as 

the ‘‘first alternate’’ and the ‘‘second 

alternate,’’ respectively. District 1, the 

State of Washington, shall be 

represented by two grower members and 

two handler members. District 2, the 

State of Oregon, shall be represented by 

one grower member and one handler 

member. Processor members may be 

from District 1, District 2, or from both 

districts. 

Dated: April 18, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09722 Filed 4–23–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0413; Directorate 

Identifier 2011–NM–257–AD; Amendment 

39–17441; AD 2013–08–23] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all The 

Boeing Company Model DC–10–10, DC– 

10–10F, DC–10–15, DC–10–30, DC–10– 

30F (KC–10A and KDC–10), DC–10–40, 

DC–10–40F, MD–10–10F, MD–10–30F, 

MD–11, and MD–11F airplanes. This 


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