Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16263 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Further, the Committee’s meeting was 

widely publicized throughout the 

avocado industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the April 19, 2006, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express their views on this issue. 

An interim final rule concerning this 

action was published in the Federal 

Register on December 22, 2006. Copies 

of the rule were mailed by the 

Committee’s staff to all Committee 

members and avocado handlers. In 

addition, the rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. That rule 

provided for a 60-day comment period 

which ended February 20, 2007. No 

comments were received. 

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. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (71 FR 76897, December 22, 

2006) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 915 

Avocados, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 915—AVOCADOS GROWN IN 

SOUTH FLORIDA 

■ Accordingly, the interim final rule 

amending 7 CFR part 915 which was 

published at 71 FR 76897 on December 

22, 2006, is adopted as a final rule 

without change. 

Dated: March 29, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–6243 Filed 4–3–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Docket No. AMS–FV–07–0031; FV07–922–

1 IFR] 

Apricots Grown in Designated 

Counties in Washington; Suspension 

of Container Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule suspends the 

container regulations prescribed under 

the Washington apricot marketing order 

by extending the temporary 2006 season 

suspension indefinitely. The marketing 

order regulates the handling of fresh 

apricots grown in designated counties in 

the State of Washington, and is 

administered locally by the Washington 

Apricot Marketing Committee 

(Committee). This indefinite suspension 

of the container regulations will 

continue to provide the apricot industry 

with increased marketing flexibility by 

allowing handlers to pack and ship 

apricots in any size, shape, or type of 

container. After evaluating the impact 

the temporary 2006 season container 

regulation suspension has had on the 

industry, the Committee determined 

that container regulations no longer 

contribute to the orderly marketing of 

the fresh apricot crop. 

DATES: Effective April 1, 2007. 

Comments received by June 4, 2007 will 

be considered prior to issuance of a final 

rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, 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 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.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Curry or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW., Third Avenue, 

Suite 385, Portland, Oregon 97204–

2807; Telephone: (503) 326–2724; Fax: 

(503) 326–7440; or E-mail: 

Robert.Curry@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, 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 E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 922 (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.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State of 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 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. 

This rule indefinitely extends the 

temporary 2006 season container 

regulation suspension (§ 922.306), 

which ends on March 31, 2007. As it 

effectively did during the 2006 shipping 

season, this regulatory suspension will 

provide additional flexibility to the 

apricot industry by allowing handlers to 


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16264 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 

pack apricots in any type, shape, or size 

container. The container regulations 

prescribed under § 922.306 will remain 

suspended for the 2007 and future 

seasons unless the Committee 

recommends, and USDA approves, 

action to reinstate the regulations. For 

the 2006 season, the Committee 

recommended a temporary suspension 

of the regulations rather than an openended suspension to help ensure that a 

thorough analysis of the 2006 shipping 

season would be completed prior to any 

potential future action regarding the 

issue of container regulation 

suspension. The Committee has 

reviewed the 2006 shipping season and 

determined that the industry can 

successfully market its fresh apricot 

crop without the container regulations 

in place. Consequently, the Committee 

has concluded that the Washington 

apricot industry is now best served by 

an open-ended suspension of § 922.306. 

To facilitate prompt reinstatement of the 

container regulations in the future 

should market conditions warrant such, 

the Committee recommended that the 

2006 temporary regulation suspension 

be extended rather than replaced by a 

permanent removal of the regulations 

from the order. 

Section 922.52 of the order authorizes 

the issuance of regulations for grade, 

size, quality, maturity, pack, and 

container for any variety of apricots 

grown in the production area. Section 

922.52(a)(3) specifically authorizes the 

establishment of the container 

regulations found in § 922.306. Section 

922.53 authorizes the modification, 

suspension, or termination of 

regulations issued pursuant to § 922.52. 

Authority to regulate the size, weight, 

dimension and pack of containers used 

in the marketing of fresh apricots was 

included in the order when 

promulgated in 1957. Container 

regulatory authority was included in the 

order to provide container 

standardization, to enhance orderly 

marketing conditions, and to provide for 

increased producer returns. 

The Committee meets prior to each 

season to consider recommendations for 

modification, suspension, or 

termination of any regulatory 

requirements for Washington apricots 

that are issued on a continuing basis. 

Committee meetings are open to the 

public and interested persons may 

express their views at these meetings. 

The USDA reviews the Committee 

recommendations along with any 

supportive information submitted by the 

Committee, as well as information from 

other available resources, and 

determines whether modification, 

suspension, or termination of the 

regulatory requirements would tend to 

effectuate the declared policy of the Act. 

During such a review at its February 

15, 2007, meeting, the Committee 

determined, and unanimously 

recommended, that the 2006 season 

container regulation suspension—

effective from April 1, 2006, through 

March 31, 2007—be extended 

indefinitely. For a seamless extension of 

the suspension, the Committee 

recommended that this rule be effective 

by April 1, 2007. 

When effective, § 922.306 provides 

that apricots must be handled 

domestically in (1) open containers or 

telescopic fiberboard cartons weighing 

28 pounds or greater; (2) closed 

containers with 14 pounds or more of 

apricots packed in a row-faced or traypack configuration; (3) closed containers 

with 12 pounds (or more) of random 

sized, non row-faced apricots; or (4) 

closed containers with 24 pounds or 

more of loose-packed apricots. 

In reaching a consensus to extend the 

2006 regulatory suspension, Committee 

members found that arguments made in 

favor of the suspension at the meeting 

a year ago are still appropriate. They 

noted that container standardization 

had contributed to orderly marketing in 

the past, but buyers today are 

increasingly interested in nontraditional packaging options designed 

for better handling and greater 

consumer acceptance. Furthermore, 

handler members stated that they now 

enjoy a greater latitude in choosing the 

optimum container weight for a 

particular pack or customer. Committee 

members were unanimous in the 

opinion that this indefinite extension of 

the container regulation suspension will 

continue to provide the industry with 

the flexibility needed to meet the 

challenges of marketing fresh apricots. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this 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, 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. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 300 apricot 

producers within the regulated 

production area and approximately 22 

regulated handlers. 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 $6,500,000. 

Data from the Washington 

Agricultural Statistics Service shows 

that the total 5,900 ton Washington 

apricot utilization sold for an average of 

$969 per ton in 2005 with a total value 

of $5,715,000. Based on the number of 

producers in the production area (300), 

the average annual producer revenue 

from the sale of apricots in 2005 can 

thus be estimated at approximately 

$19,050. In addition, based on 

information from the Committee and 

USDA’s Market News Service, 2005 

f.o.b. prices ranged from $15.00 to 

$20.00 per 24-pound loose-pack 

container, and from $14.00 to $24.00 for 

2-layer tray pack containers. Assuming 

that equal quantities of the 2005 season 

fresh apricot pack-out of 4,471 tons 

went into loose-pack (24-pound) 

containers and tray-pack containers 

(weighing an average of about 20 

pounds each), average gross receipts per 

handler from the sale of fresh apricots 

would have been approximately one 

half of the annual sales figure that the 

SBA uses to define the minimum size of 

a large agricultural service business 

($750,000). Thus, the majority of 

producers and handlers of Washington 

apricots may be classified as small 

entities. 

At its February 15, 2007, meeting the 

Committee recommended that the 

temporary suspension of the order’s 

container regulations (§ 922.306)—

effective from April 1, 2006, through 

March 31, 2007—be indefinitely 

extended to cover the 2007 shipping 

season as well as all future seasons. 

Section 922.52(a)(3) of the order 

specifically authorizes the 

establishment of container regulations. 

Further, § 922.53 authorizes the 

modification, suspension, or 

termination of regulations issued 

pursuant to § 922.52. This indefinite 

extension of the container regulation 

suspension is expected to continue to 

provide the apricot industry with 

increased marketing flexibility by 

allowing handlers to pack and ship 

apricots in any size, shape, or type of 

container. Container regulations have 

been utilized in past seasons to provide 

a degree of standardization and thus 

have helped in providing the industry 

with orderly marketing conditions. 


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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16265 

However, changing market dynamics 

and the experience gained through the 

2006 suspension have convinced the 

Committee that container 

standardization is no longer necessary 

to ensure orderly marketing. Last year, 

rather than seeking an indefinite 

suspension of the regulations, the 

Committee recommended a temporary 

suspension so that it could conduct a 

thorough evaluation of the impact the 

relaxation would have on the industry 

during the 2006 shipping season prior to 

taking any further action for subsequent 

seasons. In reviewing the 2006 season at 

the February 15, 2007, meeting, the 

Committee easily reached a consensus 

that an indefinite continuation of the 

container regulation suspension would 

best fit the industry’s marketing needs. 

The Committee anticipates that this 

rule will not negatively impact small 

businesses. This rule extends the 

suspension of the container 

requirements found under § 922.306 of 

the order’s rules and regulations and 

should continue to provide enhanced 

marketing opportunities. 

The Committee discussed—and 

subsequently rejected—alternatives to 

its recommendation to extend the 

container regulation suspension. These 

included allowing the reinstatement of 

the regulations (by not taking any 

action) and continuing with annual and 

temporary regulatory suspensions such 

as recommended for the 2006 season. 

With a successful season behind them, 

Committee members were unanimous in 

their decision to recommend to USDA 

an extension of the container 

regulations suspension for an indefinite 

period. 

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. 

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. 

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 Committee 

deliberations. Like all Committee 

meetings, the February 15, 2007, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.am.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. 

This rule invites comments on an 

indefinite extension of the suspension 

of the container regulations under the 

Washington apricot marketing order. 

Any comments received will be 

considered prior to finalization of this 

rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that the 

suspension of the order’s container 

regulations should be indefinitely 

extended in order to effectuate the 

declared policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) This rule extends the 2006 

season container regulation suspension 

for Washington apricots to include the 

2007 and future shipping seasons; (2) 

the indefinite extension of the container 

regulation suspension was unanimously 

recommended by the Committee at a 

public meeting and all interested 

persons had an opportunity to express 

their views and provide input; (3) 

Washington apricot handlers are aware 

of this recommendation, are currently 

operating under relaxed regulatory 

conditions, and need no additional time 

to comply with the continued relaxed 

requirements; (4) this rule should be in 

effect by April 1, 2007, to ensure a 

seamless continuation of the current 

container regulation suspension; and (5) 

this rule provides a 60-day comment 

period, and any comments received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 922 is amended as 

follows: 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 922 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 922.306 [Suspended] 

■ 2. In part 922, § 922.306 is suspended 

indefinitely. 

Dated: March 29, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–6224 Filed 4–3–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 926 

[Docket No. AMS–FV–06–0173; FV06–926–

1 FIR] 

Data Collection, Reporting and 

Recordkeeping Requirements 

Applicable to Cranberries Not Subject 

to the Cranberry Marketing Order; 

Suspension of Provisions Under 7 CFR 

Part 926 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule suspending Part 926 in the 

Code of Federal Regulations, which 

requires persons engaged in the 

handling or importation of fresh 

cranberries or cranberry products, but 

not subject to the reporting 

requirements of the Federal cranberry 

marketing order (7 CFR part 929), to 

report sales, acquisition, and inventory 

information to the Cranberry Marketing 

Committee (Committee), and to 

maintain adequate records of such 

activities. The establishment of these 

requirements is authorized under 

section 8(d) of the Agricultural 

Marketing Agreement Act of 1937 (Act). 

The Committee, which administers 

marketing order 929, regulating the 

handling of cranberries grown in 

Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York, has been delegated 

by USDA to collect such information 

authorized under Part 926. Based on 

information provided by the Committee, 

USDA has determined that the 


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