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

41018

Vol. 65, No. 128

Monday, July 3, 2000

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Docket No. FV00–927–1 PR]

Winter Pears Grown in Oregon and

Washington; Establishment of Quality

Requirements for the Beurre D’Anjou

Variety of Pears

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This proposed rule invites

comments on establishing quality

requirements for the Beurre D’Anjou

(Anjou) variety of pears under the

winter pear marketing order. The

marketing order regulates the handling

of winter pears grown in Oregon and

Washington and is administered locally

by the Winter Pear Control Committee

(Committee). This rule would require

that Anjou variety pears shipped to

North America during the period of

August 15 through November 1 of each

year be certified by the Federal-State

Inspection Service as having their core/

pulp temperature lowered to 35 degrees

Fahrenheit or less and having an

average pressure test of 14 pounds or

less. Establishing quality requirements

for Anjou pears would enhance the

ripening process. This is expected to

result in higher quality Anjou pears

reaching the market and to benefit

producers, handlers, and consumers. A

minimum quantity exemption from the

quality and inspection requirements

also is proposed.

DATES: Comments must be received by

July 18, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this proposal. Comments

must be sent to the Docket Clerk,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

Fax: (202) 720–5698, or E-mail:

moab.docketclerk@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be made available for public

inspection in the Office of the Docket

Clerk during regular business hours or

can be viewed at http://

www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, suite 385, Portland,

Oregon 97204; telephone: (503) 326–

2724, Fax: (503) 326–7440; or George

Kelhart, Technical Advisor, Marketing

Order Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This

proposal is issued under Marketing

Agreement No. 89 and Order No. 927,

both as amended (7 CFR part 927),

regulating the handling of winter pears

grown in Oregon and Washington,

hereinafter referred to as the ‘‘order.’’

The marketing agreement and order are

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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This proposal has been reviewed

under Executive Order 12988, Civil

Justice Reform. This rule is not intended

to have retroactive effect. This proposal

would not preempt any State or local

laws, regulations, or policies, unless

they present an irreconcilable conflict

with this rule.

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 the Secretary 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 the Secretary 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 the Secretary’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 proposed rule invites comments

on establishing quality requirements

under the order for Anjou variety pears.

This rule would require that Anjou

pears shipped to North America

(Continental United States, Canada, or

Mexico) during the period of August 15

through November 1 of each year, be

certified by the Federal-State Inspection

Service as having their core/pulp

temperature lowered to 35 degrees

Fahrenheit or less and having an

average pressure test of 14 pounds or

less. Application of the quality and

inspection requirements to shipments to

these three markets is proposed because

shipments to other important markets

outside of North America are

transported in cold storage containers

and arrive after November 1. This rule

would also establish a minimum

quantity exemption under which Anjou

pear shipments of 8,800 pounds or less

on any one conveyance may be shipped

without regard to the proposed

inspection and quality requirements.

Section 927.51 of the order provides

authority for the issuance, modification,

suspension, or termination of

regulations for grade, size, and quality

for any variety of winter pears grown in

any district during a specified period

and for different requirements

applicable to shipments for different

export markets.

Section 927.60 provides that when

such regulations are in effect, no person

shall handle such pears unless they are

inspected and certified by the FederalState Inspection service as meeting such

requirements. Section 927.60 further

provides authority for the establishment

of minimum quantity exemptions from

such requirements.

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules 41019

Section 927.52 provides that any vote

on size, grade, and quality regulations

be conducted based upon an affirmative

vote of not less than 80 percent of the

applicable total number of votes for that

variety. This section provides that for

the Anjou variety of pears, each member

shall have one vote as an individual

and, in addition, shall have an equal

share of the vote of the district

represented by the member. Each

district is given an additional vote for

each 25,000 boxes of the average

quantity of Anjou pears produced in the

particular district and shipped

therefrom during the immediately

preceding three fiscal periods. Using

this formula, there are 453 applicable

total votes for Anjou pears.

At its meeting on March 30, and

further discussed at subsequent

meetings on May 4 and June 2, 2000, the

Committee recommended the

establishment of quality and inspection

requirements for the Anjou variety of

pears for shipments to North America

from August 15 through November 1 of

each year. The Committee

recommended, with 83 percent (373

votes) of the applicable total number of

votes voting in favor, that it be required

that such pears have their core/pulp

temperature lowered to 35 degrees

Fahrenheit or less and have an average

pressure test of 14 pounds or less. The

Committee, for over 20 years, has

recommended that handlers of Anjou

pears voluntary comply with these two

quality requirements because they are

necessary for Anjou pears to ripen

properly. In addition, the Committee

has regularly provided handlers with

research studies collected over the years

supporting the importance of proper

chilling for Anjou pears and the fruit

being harvested and shipped at

appropriate hardness.

While the voluntary program worked

well for many years, an increasing

number of handlers in recent years have

not consistently complied with these

voluntary recommendations. At these

three meetings, all Committee members

supported the need for Anjou pears

meeting these minimum quality

requirements prior to shipment to North

American markets (Continental United

States, Canada, or Mexico). The three

members who voted against the

establishment of quality regulations

supported continuation of the voluntary

program.

Anjou pears are unique to most other

pear varieties because they are

harvested in a mature, but unripe

condition. For Anjou pears to ripen

properly, these pears should be stored

in cold storage facilities until their core/

pulp temperature is reduced to 35

degrees Fahrenheit or less. Once the

core/pulp temperature is reduced to 35

degrees Fahrenheit or less, these pears

will ripen properly when purchased by

a consumer. To further assist the

ripening process and result in a higher

quality pear, Anjou pears should also

have an average pressure of 14 pounds

or less prior to shipment. Anjou pears

that have been properly chilled will

naturally ripen, and soften, over time.

The storage and handling practices of a

few handlers have allowed Anjou pears

to be marketed at much higher pressure

levels, sometimes well over 20 pounds,

as well as without adequate chilling. In

such cases, the consumer finds it is

virtually impossible to ripen these pears

after purchasing them. This has caused

consumer dissatisfaction, hurt repeat

purchases, depressed the market for

later market pears and resulted in

decreased producer returns.

The Committee does not anticipate

the establishment of these quality

requirements would prevent any

producer from ultimately being able to

have his fruit marketed. The

requirements would simply ensure the

proper handling practices that are

necessary to prevent poor quality fruit

from being shipped early in the

marketing year. The Committee further

anticipates that these requirements

would be relatively easy for each

handler to meet. Winter pears are

marketed throughout the year.

Therefore, all handlers either have cold

storage facilities or have access to such

facilities.

In the same motion recommending

quality requirements, the Committee

also recommended the establishment of

a minimum quantity exemption under

which shipments of 8,800 pounds or

less on any one conveyance may be

shipped without regard to the

inspection and quality requirements.

This minimum quantity exemption

would eliminate any adverse impacts on

handlers making small shipments or on

sales at roadside stands and farmer

markets.

The Committee recommended that

this rule be effective by August 15

because shipments of Anjou pears are

expected to begin shortly thereafter.

This rule would apply only through

November 1 of each year. Anjou pears

harvested in August and stored in cold

storage facilities through November 1

would naturally drop to the proposed

minimum temperature because the

pears are stored at that temperature, or

lower. It is also unusual for pressure to

be a problem in pears shipped after this

date because pears soften naturally.

Therefore, after November 1,

enforcement of this regulation would no

longer be necessary. Similarly the

Committee recommended exemption of

shipments to areas other than North

America since Anjou pears shipped to

overseas ports are refrigerated during

transit and most shipments are sold and

arrive at foreign ports after November 1.

Consistent with the experience of many

years with the voluntary program, the

Committee’s intent is to keep

regulations at the minimum level

necessary to ensure that a quality

product is shipped to the consumer and

to maintain reasonable returns to

producers.

The Committee estimates the total

2000–2001 winter pear shipments at

approximately 15,300,000 standard

boxes. Of that amount, Anjou pear

shipments are estimated at

approximately 11,800,000 standard

boxes. Last year, the total winter pear

crop was about 13,800,000 standard

boxes. Of that amount, Anjou pear

shipments were approximately

10,100,000 standard boxes. In recent

years approximately 7–8 percent of the

total Anjou pear crop has been shipped

from August 15 through November 1

into the domestic market.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), 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 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 90 handlers

of winter pears who are subject to

regulation under the marketing order

and approximately 1,800 winter pear

producers in the regulated area. Small

agricultural service firms are defined by

the Small Business Administration (13

CFR 121.201) as those having annual

receipts of less than $5,000,000, and

small agricultural producers are defined

as those having annual receipts of less

than $500,000.

The Committee estimates, based upon

handler shipment totals and an average

price of $14 per standard box, that about

87 percent of winter pear handlers

could be considered small businesses

under SBA’s definition, excluding

receipts from other sources. In addition,

based on acreage, production, and

41020 Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules

producer prices reported by the

National Agricultural Statistic Service,

and the total number of winter pear

producers, the average annual producer

receipts are approximately $43,200,

excluding receipts from other sources.

In view of the foregoing, it can be

concluded that the majority of handlers

and producers of winter pears may be

classified as small entities.

This rule would require that Anjou

pears shipped to North America

(Continental United States, Mexico, or

Canada) during the period of August 15

through November 1 of each year, be

certified by the Federal-State Inspection

Service as having their core/pulp

temperature lowered to 35 degrees

Fahrenheit or less and having an

average pressure test of 14 pounds or

less. Shipments to other markets outside

of North America are transported in

cold storage containers and the fruit

arrives after November 1. This rule

would also establish a minimum

quantity exemption under which Anjou

pear shipments of 8,800 pounds or less

on any one conveyance may be shipped

without regard to the inspection and

quality requirements.

At its meeting on March 30, and

further discussed at subsequent

meetings on May 4 and June 2, 2000, the

Committee recommended the

establishment of quality and inspection

requirements for the Anjou variety of

pears for shipments to North America

from August 15 through November 1 of

each year. The Committee

recommended, with 83 percent (373

votes) in favor, that it be required that

such pears have their core/pulp

temperature lowered to 35 degrees

Fahrenheit or less and have an average

pressure test of 14 pounds or less. The

Committee, for over 20 years, has

recommended that handlers of Anjou

pears voluntarily comply with these two

quality factors necessary to enhance the

ripening process. In addition, the

Committee has regularly provided

handlers with a compilation of research

data that has been collected over the

years supporting the importance of

proper chilling for Anjou pears and the

fruit being harvested and shipped at

appropriate hardness.

While the voluntary program has

worked well for many years, an

increasing number of handlers in recent

years have not consistently complied

with these voluntary recommendations.

At these three meetings, all Committee

members supported the need for Anjou

pears to meet these quality requirements

prior to shipment. The three members

who voted against the establishment of

quality regulations supported

continuation of the voluntary program.

Anjou pears are unique to most other

pear varieties because they are

harvested in a mature, but unripe

condition. For Anjou pears to ripen

properly, these pears should be stored

in cold storage facilities until their core/

pulp temperature is reduced to 35

degrees Fahrenheit or less. Once the

core/pulp temperature is reduced to 35

degrees Fahrenheit or less, these pears

will ripen properly when purchased by

a consumer. To further assist the

ripening process and result in a higher

quality pear, Anjou pears should have

an average pressure test of 14 pounds or

less prior to shipment. Anjou pears that

have been properly chilled will

naturally ripen, and soften, over time.

The storage and handling practices of a

few handlers have allowed Anjou pears

to be marketed at much higher pressure

levels, sometimes well over 20 pounds,

as well as without adequate chilling. In

such cases, the consumer finds that it is

virtually impossible to ripen these pears

after purchasing them. This has caused

consumer dissatisfaction, hurt repeat

purchases, depressed the market for

later market pears and resulted in

decreased producer returns.

The Committee does not anticipate

the establishment of these quality

requirements would prevent any

producer from ultimately being able to

have his fruit marketed. The

requirements would simply ensure that

handlers follow the handling practices

necessary to prevent poor quality fruit

from being shipped early in the

marketing year. The Committee further

anticipates that these requirements

would be relatively easy for each

handler to meet. Winter pears are

marketed throughout the year.

Therefore, all handlers either have cold

storage facilities or have access to such

facilities.

In the same motion recommending

quality requirements, the Committee

also recommended the establishment of

a minimum quantity exemption under

which shipments of 8,800 pounds or

less on any one conveyance may be

shipped without regard to the

inspection and quality requirements.

This minimum quantity exemption

would eliminate any adverse impacts on

handlers making small shipments or on

sales at roadside stands and farmer

markets.

The Committee recommended that

this rule be effective by August 15

because shipments of Anjou pears are

expected to begin shortly thereafter.

This rule would apply only through

November 1 of each year. Anjou pears

harvested in August and stored in cold

storage facilities through November 1

would naturally drop to the minimum

temperature because they are stored at

that temperature, or lower. It is also

unusual for pressure to be a problem in

pears shipped after this date because

pears soften naturally. Therefore, after

November 1, enforcement of this

regulation would no longer be

necessary. Similarly the Committee

recommended exemption of shipments

to areas other than North America since

Anjou pears shipped to overseas ports

are refrigerated during transit and most

shipments are sold and arrive at foreign

ports after November 1. Consistent with

the experience of many years with the

voluntary program, the Committee’s

intent is to keep regulations at the

minimum level necessary to ensure a

quality product is shipped to the

consumer and to maintain reasonable

returns to producers.

This rule would impose some

additional costs on handlers. Some of

the additional costs may be passed on

to producers. In recent years,

approximately 9–10 percent of the total

Anjou pear crop has been shipped from

August 15 through November 1 into

North American markets. The

Committee currently estimates the

Anjou pear crop to be approximately

11,800,000 standard boxes. An average

inspection rate for pears within the

production area would approximate

$0.05 per standard box. Therefore, it is

estimated that the establishment of

quality and inspection requirements

would result in mandatory inspection

costs of approximately $56,050 (9.5

percent × 11,800,000 standard boxes ×

inspection rate of $0.05 per standard

box). The actual increase in costs to the

industry because of mandatory

inspection requirements would be

significantly less, however, because

approximately 65–75 percent of the

Anjou pear crop is currently being

inspected on a voluntary basis. These

costs are expected to be significantly

offset by the benefits of the proposed

rule. The benefits for this proposed rule

are not expected to be

disproportionately greater or less for

small handlers or producers than for

larger entities.

The Committee discussed alternatives

to the quality requirements, including a

longer time period of mandatory

inspection as well as continuing with

the voluntary program. The Committee

believes that the requirements proposed

are the minimum level necessary to

ensure a quality product. The

Committee believes that voluntary

compliance is no longer effective. The

Committee believes that this action

would benefit producers, handlers, and

consumers.

Federal Register / Vol. 65, No. 128 / Monday, July 3, 2000 / Proposed Rules 41021

This proposed rule would not impose

any additional reporting or

recordkeeping requirements on either

small or large winter 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.

The Department has not identified

any relevant Federal rules that

duplicate, overlap or conflict with this

proposed rule.

In addition, the Committee’s meetings

were widely publicized throughout the

winter 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 March 30, May

4, and June 2, 2000, meetings were

public meetings and all entities, both

large and small, were able to express

views on this issue. The Committee

itself is composed of twelve members, of

whom six are handlers and six are

producers. Finally, interested persons

are invited to submit information on 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/

fv/moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

A 15-day comment period is provided

to allow interested persons to respond

to this proposal. Fifteen days is deemed

appropriate because this rule would

need to be in place by August 15, 2000,

because shipments of Anjou pears are

expected to begin shortly thereafter. 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—WINTER 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. A new § 927.316 is added to read

as follows:

§ 927.316 Handling regulation.

During the period August 15 through

November 1, no person shall handle any

Beurre D’Anjou variety of pears for

shipments to North America

(Continental United States, Mexico, or

Canada), unless such pears meet the

following requirements:

(a) Beurre D’Anjou variety of pears

shall have a certification by the FederalState Inspection Service, issued prior to

shipment, showing that (1) the core/

pulp temperature of such pears has been

lowered to 35 degrees Fahrenheit or less

and

(2) Any such pears have an average

pressure test of 14 pounds. The handler

shall submit, or cause to be submitted,

a copy of the certificate issued on the

shipment to the Control Committee.

(b) Each handler may ship on any one

conveyance 8,800 pounds or less of

Beurre D’Anjou variety of pears without

regard to the quality and inspection

requirements in paragraph (a) of this

section.

Dated: June 27, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–16737 Filed 6–30–00; 8:45 am]

BILLING CODE 3410–02–P

NUCLEAR REGULATORY

COMMISSION

10 CFR Part 55

RIN 3150–AG40

Operator License Eligibility and Use of

Simulation Facilities in Operator

Licensing

AGENCY: Nuclear Regulatory

Commission.

ACTION: Proposed rule.

SUMMARY: The Nuclear Regulatory

Commission (NRC) is proposing to

amend its regulations by allowing

applicants for operator and senior

operator licenses to fulfill a portion of

the experience prerequisites for license

eligibility by manipulating a plantreferenced simulator as an alternative to

use of the actual plant. The proposed

rule would allow applicants for operator

and senior operator licenses to fulfill a

portion of the experience prerequisites

by manipulating a plant-referenced

simulator as an alternative to use of the

actual plant. In addition, the proposed

rule would remove current requirements

for certification of simulation facilities

and routine submittal of simulator

performance test reports to the NRC for

review. Also, the proposed rule would

revise the definitions of ‘‘Performance

testing,’’ ‘‘Plant-referenced simulator,’’

and ‘‘Simulator facility.’’

DATES: Submit comments by September

18, 2000. Comments received after this

date will be considered if it is practical

to do so, but the Commission is able to

assure consideration only for comments

received on or before this date.

ADDRESSES: Submit written comments

to: Secretary, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001, Attention: Rulemakings and

Adjudications Staff, Mail Stop O–16C1.

Deliver written comments to One White

Flint North, 11555 Rockville Pike,

Rockville, Maryland, between 7:30 a.m.

and 4:15 p.m. on Federal workdays.

You may also provide comments via

the NRC’s interactive rulemaking

website through the NRC home page

(http://www.nrc.gov). This site provides

the capability to upload comments as

files (any format), if your web browser

supports that function. For information

about the interactive rulemaking

website, contact Ms. Carol Gallagher,

(301) 415–5905 (e-mail: cag@nrc.gov).

Copies of any comments received and

certain documents related to this

rulemaking may be examined at the

NRC Public Document Room, 2120 L

Street NW. (Lower Level), Washington,

DC. These same documents may be

viewed and downloaded electronically

via the rulemaking website.

Documents created or received at the

NRC after April 1, 2000, are also

available electronically at the NRC’s

Public Electronic Reading room on the

internet at http://www.nrc.gov/NRC/

ADAMS/index.html. From this site, the

public can gain entry into the NRC’s

Agency Document Access and

Management System (ADAMS), which

provides text and image files of NRC’s

public documents. For more

information, contact the NRC Public

Document Room (PDR) Reference staff

at 202–634–3273 or toll-free at 1–800–

397–4209, or by e-mail at pdr@nrc.gov.

FOR FURTHER INFORMATION CONTACT:

Glenn Tracey, Operator Licensing,

Human Performance and Plant Support

Branch, Office of Nuclear Reactor

Regulation, U.S. Nuclear Regulatory

Commission, Washington, DC 20555–

0001; telephone: (301) 415–1031; or by

Internet electronic mail to gmt@nrc.gov.

SUPPLEMENTARY INFORMATION:

Introduction

Section 107 of the Atomic Energy Act

of 1954, as amended (42 U.S.C. 2137),

requires the NRC to prescribe uniform

conditions for licensing individuals as

operators of production and utilization

facilities to determine the qualifications