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[Federal Register Volume 77, Number 70 (Wednesday, April 11, 2012)]
[Rules and Regulations]
[Pages 21624-21625]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8638]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Doc. No. AMS-FV-11-0070 FV11-927-3 FIR]

Pears Grown in Oregon and Washington; Assessment Rate Decrease 
for Processed Pears

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as a final rule.

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SUMMARY: The Department of Agriculture is adopting, as a final rule, 
without change, an interim rule that decreased the assessment rate 
established for the Processed Pear Committee (Committee) for the 2011-
2012 and subsequent fiscal periods from $8.41 to $7.73 per ton of 
summer/fall processed pears handled. The Committee locally administers 
the marketing order which regulates the handling of processed pears 
grown in Oregon and Washington. The Committee recommended the 
assessment rate decrease because the summer/fall processed pear 
promotion budget for the 2011-2012 fiscal period was reduced.

DATES: Effective April 12, 2012.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson, 
Northwest Marketing Field Office, Marketing Order and Agreement 
Division, Fruit and Vegetable Programs, AMS, USDA; Telephone: (503) 
326-2724, Fax: (503) 326-7440, or Email: Teresa.Hutchinson@ams.usda.gov 
or GaryD.Olson@ams.usda.gov.
    Small businesses may obtain information on complying with this and 
other marketing order regulations by viewing a guide at the following 
Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or 
by contacting Laurel May, Marketing Order and Agreement Division, 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 Email: Laurel.May@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This 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.
    Under the order, Oregon-Washington processed pear handlers are 
subject to assessments, which provide funds to administer the order. 
Assessment rates issued under the order are intended to be applicable 
to all assessable processed pears for the entire fiscal period, and 
continue indefinitely until amended, suspended, or terminated. The 
Committee's fiscal period begins on July 1, and ends on June 30.
    In an interim rule published in the Federal Register on August 30, 
2011, and effective on August 31, 2011, (76 FR 53811, Doc. No. AMS-FV-
11-0070, FV11-927-3 IR), Sec.  927.237 was amended by decreasing the 
assessment rate established for the Committee for the 2011-2012 and 
subsequent fiscal periods from $8.41 to $7.73 per ton for summer/fall 
processed pears handled. The Committee recommended the assessment rate 
decrease because the summer/fall processed pear promotion budget for 
the 2011-2012 fiscal period was reduced.

[[Page 21625]]

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 rule 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 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 1,500 producers of processed pears in the 
regulated production area and approximately 51 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.
    According to the Noncitrus Fruits and Nuts 2010 Preliminary Summary 
issued in January 2011 by the National Agricultural Statistics Service, 
the total farm-gate value of summer/fall processed pears grown in 
Oregon and Washington for 2010 was $76,427,000. Based on the number of 
processed pear producers in the Oregon and Washington, the average 
gross revenue for each producer can be estimated at approximately 
$50,951. Furthermore, based on Committee records, the Committee has 
estimated that each of the Northwest pear handlers currently ship less 
than $7,000,000 worth of processed pears 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.
    In addition, there are five processing plants in the production 
area, with one in Oregon and four in Washington. All five processors 
would be considered large entities under the SBA's definition of small 
businesses.
    This rule continues in effect the action that decreased the 
assessment rate established for the Committee and collected from 
handlers for the 2011-2012 and subsequent fiscal periods from $8.41 to 
$7.73 per ton for summer/fall processed pears handled. The Committee 
unanimously recommended 2011-2012 expenditures of $926,933 and an 
assessment rate of $7.73 per ton for summer/fall processed pears. The 
assessment rate of $7.73 is $0.78 lower than the previous rate. The 
Committee recommended the assessment rate decrease because the summer/
fall processed pear promotion budget was reduced.
    The quantity of assessable processed pears for the 2011-2012 fiscal 
period is estimated at 120,000 tons. Thus, the $7.73 rate should 
provide $927,600 in assessment income. Income derived from summer/fall 
processed pear handler assessments, interest and other income will be 
adequate to cover the budgeted expenses.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers, and some of the costs may be passed on to 
producers. However, decreasing the assessment rate reduces the burden 
on handlers, and may reduce the burden on producers.
    In accordance with the Paperwork Reduction Act of 1991 (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 anticipated. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This action imposes no additional reporting or recordkeeping 
requirements on either small or large Oregon-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. USDA has not 
identified any relevant Federal rules that duplicate, overlap, or 
conflict with this rule.
    In addition, the Committee's meeting was widely publicized 
throughout the Oregon-Washington pear industry and all interested 
persons were invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the June 2, 
2011, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue.
    Comments on the interim rule were required to be received on or 
before October 31, 2011. No comments were received. Therefore, for the 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-11-0070-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866 and 12988, the Paperwork Reduction 
Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (76 FR 53811, August 30, 2011) 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.

PART 927--PEARS GROWN IN OREGON AND WASHINGTON

0
Accordingly, the interim rule amending 7 CFR part 927 which was 
published at 76 FR 53811 on August 30, 2011, is adopted as a final 
rule, without change.

    Dated: April 5, 2012.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2012-8638 Filed 4-10-12; 8:45 am]
BILLING CODE 3410-02-P
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