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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

21623 

Vol. 77, No. 70 

Wednesday, April 11, 2012 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–11–0060; FV11–927–2 

FIR] 

Pears Grown in Oregon and 

Washington; Assessment Rate 

Decrease for Fresh Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as a 

final rule. 

SUMMARY: The Department of 

Agriculture is adopting, as a final rule, 

without change, an interim rule that 

decreased the assessment rate 

established for the Fresh Pear 

Committee (Committee) for the 2011– 

2012 and subsequent fiscal periods from 

$0.501 to $0.471 per standard box or 

equivalent of fresh winter pears 

handled. The Committee locally 

administers the marketing order which 

regulates the handling of fresh pears 

grown in Oregon and Washington. The 

Committee recommended the 

assessment rate decrease because the 

fresh winter 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 

fresh 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 fresh 

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 31, 2011, 

and effective on September 1, 2011, (76 

FR 54075, Doc. No. AMS–FV–2011– 

0060, FV11–927–2 IR), § 927.236 was 

amended by decreasing the assessment 

rate established for the Committee for 

the 2011–2012 and subsequent fiscal 

periods from $0.501 to $0.471 per 

standard box or equivalent of fresh 

winter pears handled. The Committee 

recommended the assessment rate 

decrease because the fresh winter pear 

promotion budget for the 2011–2012 

fiscal period was reduced. The 

assessment rates for summer/fall and 

‘‘other’’ fresh pears remain unchanged 

at $0.366 and $0.00, respectively. 

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 1,581 

producers of fresh pears in the regulated 

production area and approximately 38 

handlers of fresh 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 Summary issued in July 2011 

by the National Agricultural Statistics 

Service, the average price for fresh pears 

in 2010 was $591 per ton. The 2010 

farm-gate value of fresh pears grown in 

Oregon and Washington is estimated at 

approximately $249,500,579, based on 

shipments of 19,189,400 44-pound 

standard boxes. Based on the number of 

fresh pear producers in the Oregon and 

Washington, the average gross revenue 

for each producer can be estimated at 

approximately $157,812. Furthermore, 

based on Committee records, the 

Committee has estimated that 56 

percent of Northwest pear handlers 

currently ship less than $7,000,000 

worth of fresh pears on an annual basis. 

From this information, it is concluded 

that the majority of producers and 

handlers of Oregon and Washington 

fresh pears may be classified as small 

entities. 

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 

$0.501 to $0.471 per standard box or 

equivalent of fresh winter pears 

handled. The Committee unanimously 

recommended 2011–2012 expenditures 

of $8,827,860 and an assessment rate of 

$0.471 per standard box or equivalent of 

fresh winter pears. The assessment rate 

of $0.471 is $0.03 lower than the 

previous rate. The assessment rates for 

summer/fall and ‘‘other’’ fresh pears 


wreier-aviles on DSK5TPTVN1PROD with RULES
21624 Federal Register / Vol. 77, No. 70 / Wednesday, April 11, 2012 / Rules and Regulations 

remain unchanged at $0.366 and $0.00, 

respectively. The Committee 

recommended the assessment rate 

decrease because the fresh winter pear 

promotion budget for the 2011–2012 

fiscal period was reduced. 

The quantity of assessable fresh 

winter pears for the 2011–2012 fiscal 

period is estimated at 15,500,000 

standard boxes or equivalent. Thus, the 

$0.471 rate should provide $7,300,500 

in assessment income. In addition, 

income derived from summer/fall fresh 

pear handler assessments, interest, and 

miscellaneous 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 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 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 OregonWashington fresh 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 3, 

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 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-11-0060- 

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 54075, August 31, 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 

■ Accordingly, the interim rule 

amending 7 CFR part 927, which was 

published at 76 FR 54075 on August 31, 

2011, is adopted as a final rule, without 

change. 

Dated: April 5, 2012. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2012–8676 Filed 4–10–12; 8:45 am] 

BILLING CODE 3410–02–P 

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. 

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), § 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. 


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