This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

15539 

Vol. 79, No. 54 

Thursday, March 20, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Doc. No. AMS–FV–13–0040; FV13–922–1 

FIR] 

Apricots Grown in Designated 

Counties in Washington; Suspension 

of Handling Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that suspended the handling 

regulations and inspection requirements 

prescribed under the marketing order 

for apricots grown in designated 

Counties in Washington (order). The 

interim rule suspended the minimum 

grade, size, quality, maturity, and 

inspection requirements of the order for 

the remainder of the 2013–2014 fiscal 

period and subsequent fiscal periods. 

This rule is expected to reduce overall 

industry expenses and increase net 

returns to growers and handlers. 

DATES: Effective March 21, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Manuel Michel, Marketing Specialist, or 

Gary Olson, Regional Director, 

Northwest Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or Email: 

Manuel.Michel@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order and agreement 

regulations by viewing a guide at the 

following Web site: http://

www.ams.usda.gov/

MarketingOrdersSmallBusinessGuide; 

or 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 rule 

is issued under Marketing Agreement 

No. 132 and Order No. 922, both as 

amended (7 CFR Part 922), regulating 

the handling of apricots grown in 

designated counties in 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.’’ 

USDA is issuing this rule in 

conformance with Executive Orders 

12866, 13175, and 13563. 

The handling of apricots grown in 

designated Counties in Washington is 

regulated by 7 CFR part 922. The order’s 

handling regulation contains minimum 

grade, size, quality, maturity, pack, and 

container requirements of apricots 

handled under the order. The objective 

of the handling regulation has been to 

ensure that only acceptable quality 

apricots enter fresh market channels to 

foster consumer satisfaction, increase 

sales, and improve returns to producers. 

Due to the evolving nature of fresh 

fruit marketing, many wholesale and 

retail apricot buyers have developed 

their own specific criteria that their 

suppliers are required to meet to ensure 

a high quality product. Many of these 

buyer standards are higher than those in 

effect under the order. For this reason, 

the Committee believes that buyer 

standards now override the minimum 

standards of the order and that the 

order’s regulations are no longer 

necessary. 

In addition, the Committee believes 

that the cost of complying with the 

order’s handling regulations, when such 

regulations are in effect, may exceed the 

benefits. Because handlers must comply 

with both their buyer’s requirements 

and the order regulations, two sets of 

compliance expenses are incurred. 

Because the buyer requirements are 

more stringent than the order’s, the 

Committee believes that the cost of 

complying with them does not result in 

any additional benefit to producers or 

handlers. 

Therefore, this rule continues in effect 

the interim rule that suspended the 

handling regulations prescribed in 

§ 922.321 for the remainder of the 2013– 

2014 fiscal period and subsequent fiscal 

periods. 

The order contains provisions for 

handlers to apply for waivers from 

mandatory inspection when such 

inspection is not readily available from 

the Inspection Service. With the 

suspension of the regulation, such 

waivers are no longer necessary. 

Therefore, consistent with the 

suspension of § 922.321, this rule also 

continues in effect the action that 

suspended § 922.111 for the remainder 

of the 2013–2014 fiscal period and 

subsequent fiscal periods. 

In an interim rule published in the 

Federal Register on October 23, 2013, 

and effective on October 24, 2013, (78 

FR 62963, Doc. No. AMS–FV–13–0040, 

FV13–922–1 IR), §§ 922.111 and 

922.321 were indefinitely suspended in 

their entirety, beginning on October 24, 

2013. 

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 

businesses 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 94 growers 

of Washington apricots in the 

production area and approximately 20 

handlers subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of less than 

$750,000, and small agricultural service 

firms as those having annual receipts of 

less than $7,000,000. (13 CFR 121.201) 

The National Agricultural Statistics 

Service (NASS) reports that the 2012 

total production and utilization 

(including both fresh and processed 


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15540 Federal Register / Vol. 79, No. 54 / Thursday, March 20, 2014 / Rules and Regulations 

markets) of Washington apricots was 

approximately 6,700 tons, the average 

price was $1,250 per ton, and the total 

farm-gate value was approximately 

$8,371,000. Based on these reports and 

the number of apricot growers within 

the production area, it is estimated that 

the 2012 average revenue from the sale 

of apricots was approximately $89,000. 

In addition, based on information from 

the USDA’s Market News Service, 2012 

f.o.b. prices for WA No. 1 apricots 

ranged from $16.00 to $24.00 per 24- 

pound loose-pack container, and from 

$18.00 to $27.00 for 2-layer tray-pack 

containers. Using average price and 

shipment information provided by the 

Committee, it is determined that each of 

the Washington apricot handlers 

currently ship less than $7,000,000 

worth of apricots on an annual basis. In 

view of the foregoing, it is concluded 

that the majority of growers and 

handlers of Washington apricots may be 

classified as small entities. 

This rule continues in effect the 

action that suspended the handling 

regulations specified in §§ 922.111 and 

922.321 for the remainder of the 2013– 

2014 fiscal period and subsequent fiscal 

periods. The suspension of these 

handling regulations allows the 

Washington apricot industry to market 

apricots without regard to the minimum 

grade, size, quality, maturity, and 

inspection requirements prescribed 

under the order. Authority for this 

action is provided in § 922.53. 

This action is not expected to increase 

the costs associated with the order 

requirements. Rather, this action allows 

handlers to decrease their costs during 

the 2013–2014 fiscal period and 

subsequent fiscal periods by eliminating 

the expense associated with mandatory 

inspection. However, this rule does not 

impede handlers from seeking 

inspection on a voluntary basis if they 

find inspection desirable. The 

opportunities and benefits of this rule 

are equally available to all Washington 

apricot handlers and producers, 

regardless of their size. 

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. No 

changes in those requirements as a 

result of this action are necessary. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

apricot 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. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Washington apricot industry and all 

interested persons were invited to 

attend the meeting and participate in 

the Committee’s deliberations. Like all 

Committee meetings, the May 13, 2013, 

meeting was a public meeting. All 

entities, both large and small, were able 

to express their views on this issue. 

Comments on the interim rule were 

required to be received on or before 

December 23, 2013. 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-13-0040- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, and 

13563; the Paperwork Reduction Act 

(44 U.S.C. Chapter 35); and the E-Gov 

Act (44 U.S.C. 101), as well as the 

findings in the interim rule that the 

regulatory requirements no longer tend 

to effectuate the declared policy of the 

Act. 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 62963, October 23, 

2013) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 922—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR part 922 and was 

published at 78 FR 62963 on October 

23, 2013, is adopted as a final rule, 

without change. 

Dated: February 26, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–06084 Filed 3–19–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 558 

[Docket No. FDA–2014–N–0002] 

Withdrawal of Approval of New Animal 

Drug Applications; Chlortetracycline; 

Sulfathiazole; Penicillin 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notification of withdrawal of 

approval. 

SUMMARY: The Food and Drug 

Administration (FDA) is withdrawing 

approval of a new animal drug 

application (NADA) and two 

abbreviated new animal drug 

applications (ANADAs) for three-way, 

fixed-ratio combination drug Type A 

medicated articles containing 

chlortetracycline, sulfathiazole, and 

penicillin. This action is being taken at 

the sponsor’s request because these 

products are no longer manufactured or 

marketed. 

DATES: Withdrawal of approval is 

effective March 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

David Alterman, Center for Veterinary 

Medicine (HFV–212), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–453–6843. 

SUPPLEMENTARY INFORMATION: Zoetis 

Inc., 333 Portage St., Kalamazoo, MI 

49007 has requested that FDA withdraw 

approval of the following NADA and 

two ANADAs because the products are 

no longer manufactured or marketed: 

NADA/ANADA Proprietary name 

039–077 .............................. CSP 250 (chlortetracycline, sulfathiazole, and penicillin) Type A medicated article. 

200–140 .............................. AUREOZOL (chlortetracycline, sulfathiazole, and penicillin) Type A medicated article. 

200–167 .............................. AUREOZOL 500 Granular (chlortetracycline, sulfathiazole, and penicillin) Type A medicated article. 


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