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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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The Code of Federal Regulations is sold by

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Rules and Regulations Federal Register

92569 

Vol. 89, No. 226 

Friday, November 22, 2024 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–SC–22–0079] 

Pears Grown in Oregon and 

Washington; Marketing Order Approval 

Requirement 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rulemaking amends 

Marketing Order No. 927, which 

regulates the handling of pears grown in 

Oregon and Washington. The 

amendment revises the Fresh Pear 

Committee’s (Committee) approval 

requirement for recommending 

modifications to the marketing order’s 

fresh pear handling regulations from 80 

to 75 percent. 

DATES: This rule is effective December 

23, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Geronimo Quinones, Marketing 

Specialist, or Matthew Pavone, Chief, 

Rulemaking Services Branch, Market 

Development Division, Specialty Crops 

Program, AMS, USDA, 1400 

Independence Avenue SW, Stop 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Geronimo.Quinones@usda.gov or 

Matthew.Pavone@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

amends regulations issued to carry out 

a marketing order as defined in 7 CFR 

900.2(j). This final rule is issued under 

Marketing Order No. 927, as amended (7 

CFR part 927), regulating the handling 

of pears grown in Oregon and 

Washington. Part 927 referred to as 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 

Committee locally administers the 

Order and is comprised of growers and 

handlers of pears operating within the 

area of production. 

The Agricultural Marketing Service 

(AMS) is issuing this final rule in 

conformance with Executive Orders 

12866, 13563, and 14094. Executive 

Orders 12866 and 13563 direct agencies 

to assess all costs and benefits of 

available regulatory alternatives and, if 

regulation is necessary, to select 

regulatory approaches that maximize 

net benefits (including potential 

economic, environmental, public health 

and safety effects, distributive impacts, 

and equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

This final rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

Tribal implications. AMS has 

determined this final rule is unlikely to 

have substantial direct effects on one or 

more Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule shall not be 

deemed to preclude, preempt, or 

supersede any State program covering 

pears grown in Oregon and Washington. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 8c(15)(A) of the Act (7 U.S.C. 

608c(15)(A)), any handler subject to an 

order may file with the U.S. Department 

of Agriculture (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. A 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 

no later than 20 days after the date of 

entry of the ruling. 

Section 1504 of the Food, 

Conservation, and Energy Act of 2008 

(2008 Farm Bill) (Pub. L. 110–246) 

amended section 8c(17) of the Act, 

which in turn required the addition of 

supplemental rules of practice to 7 CFR 

part 900 (73 FR 49307; August 21, 

2008). The amendment of section 8c(17) 

of the Act and the supplemental rules of 

practice authorize the use of informal 

rulemaking (5 U.S.C. 553) to amend 

Federal fruit, vegetable, and nut 

marketing agreements and orders. USDA 

may use informal rulemaking to amend 

marketing orders depending upon the 

nature and complexity of the proposed 

amendment, the potential regulatory 

and economic impacts on affected 

entities, and any other relevant matters. 

AMS has considered these factors and 

has determined that the amendment in 

this final rule is not unduly complex, 

and the nature of the amendment is 

appropriate for utilizing the informal 

rulemaking process to amend the Order. 

This final rule modifies the Committee’s 

approval requirement for recommending 

modifications to the Order’s fresh pear 

handling regulations from 80 to 75 

percent. During the producer 

referendum, the amendment was 

favored by 99 percent of pear producers 

voting, who represented 99 percent of 

the volume of pears produced by those 

voting. A discussion of the potential 

regulatory and economic impacts on 

affected entities is discussed later in the 

‘‘Final Regulatory Flexibility Analysis’’ 

section of this final rule. The 

amendment applies equally to all 

producers and handlers, regardless of 


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92570 Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations 

size. The amendment also has no 

additional impact on the reporting, 

record-keeping, or compliance costs of 

small businesses. 

The Committee recommended this 

amendment to the Order following 

deliberations at a public meeting held 

on June 2, 2022. The Committee 

recommended this change by vote of 

nine in favor and two opposed, with one 

abstention. The two opposing voters did 

not feel the proposed change was 

necessary, and the abstention voter 

wanted an even lower voter approval 

requirement. The Committee submitted 

its formal recommendation to amend 

the Order through the informal 

rulemaking process on August 23, 2022, 

and subsequently provided AMS 

clarification about the recommendation 

on December 1, 2022. 

A proposed rule soliciting public 

comments on the proposed amendment 

published in the Federal Register on 

October 10, 2023 (88 FR 69888). AMS 

received one comment in support of the 

proposal. After reviewing the comment, 

AMS published a proposed rule and 

referendum order in the Federal 

Register on April 29, 2024 (89 FR 

33288). The proposed rule and 

referendum order directed that a 

referendum among Oregon and 

Washington pear growers be conducted 

from May 13, 2024, through May 27, 

2024, to determine whether they favored 

the proposal. To become effective, the 

amendment had to be approved by 

either two-thirds of the producers voting 

in the referendum or by those 

representing at least two-thirds of the 

volume of pears grown by those voting 

in the referendum. During the 

referendum, producers showed 

overwhelming support for the 

amendment. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), 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 are unique in that they are brought 

about through group action of 

essentially small entities acting on their 

own behalf. 

There are approximately 700 growers 

of fresh pears in the production area and 

27 handlers subject to regulation under 

the Order. At the time this analysis was 

prepared, small agricultural producers 

of pears are defined by the Small 

Business Administration (SBA) as those 

having annual receipts equal to or less 

than $3,500,000 (North American 

Industry Classification System code 

111339, Other Non-citrus Fruit 

Farming), and small agricultural service 

firms are defined as those whose annual 

receipts are equal to or less than 

$34,000,000 (North American Industry 

Classification System Code 115114, 

Postharvest Crop Activities) (13 CFR 

121.201). 

According to the National 

Agricultural Statistics Service (NASS), 

the 2024 average grower price received 

for fresh pears produced in Oregon and 

Washington was $28.13 per 44-pound 

standard box or equivalent. Committee 

data indicates total production was 

14,857,887 44-pound standard boxes or 

equivalent in the 2022–23 fiscal period. 

The total 2022–23 fiscal period value of 

assessable fresh ‘‘summer/fall’’ and 

‘‘winter’’ pears grown in Oregon and 

Washington was roughly $417,952,361 

(14,857,887 44-pound standard boxes or 

equivalent multiplied by $28.13 per box 

equals $417,952,361). Dividing the crop 

value by the estimated number of 

growers (700), yields an estimated 

average receipt per grower of roughly 

$597,075. 

According to USDA Market News 

data, the reported average terminal price 

for 2024 Oregon and Washington fresh 

pears are roughly $39.24 per 44-pound 

standard box or equivalent (data 

reported in 4⁄5 bushel). Multiplying the 

Committee-reported 2022–23 Oregon 

and Washington total production of 

14,857,887 44-pound standard boxes or 

equivalent by the estimated average 

price per box or equivalent of $39.24 

equals roughly $583,023,486. Dividing 

this figure by 27 regulated handlers 

yields estimated average annual handler 

receipts of roughly $21,593,462. Using 

the above data, the majority of growers 

and handlers of Oregon and Washington 

fresh pears may be classified as small 

entities. 

AMS has determined that the 

amendment, as effectuated by this final 

rule, will not have a significant impact 

on a substantial number of small 

businesses. Rather, large and small 

entities alike would be expected to 

benefit from the Board’s improved 

ability to address important issues of 

interest to all on a timely basis. No 

small businesses are unduly or 

disproportionately burdened. 

This final rule revises a provision in 

the Order’s subpart regulating handling 

of pears grown in Oregon and 

Washington. This change aligns the 

approval requirement for recommending 

modifications to the Order’s fresh pear 

handling regulations, with all other 

Committee voting requirements within 

the Order. The revised voting 

requirements will result in less 

confusion for some Committee 

members, which can disrupt Committee 

operations. 

The Committee considered the 

benefits and costs of maintaining the 

status quo as an alternative to this 

action. However, the Committee 

believes it is necessary to bring all 

voting requirements in-line for clarity 

and understanding to ensure the 

efficient execution of the Order. 

Paperwork Reduction Act 

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 OMB and 

assigned OMB No. 0581–0189, Fruit 

Crops. No changes in those 

requirements are necessary because of 

this action. Should any changes become 

necessary, they would be submitted to 

OMB for approval. 

This final rule does not impose 

additional reporting or recordkeeping 

requirements on either small or large 

pear handlers. As with all Federal 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and publicsector agencies. 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this action. 

The Committee’s meetings are widely 

publicized throughout the pear 

production area. All interested persons 

were invited to attend the meetings and 

encouraged to participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the meeting held 

on June 2, 2022, was open to the public, 

and all entities, both large and small, 

were encouraged to express their views 

on the proposed amendment. 

A proposed rule concerning this 

action published in the Federal Register 

on October 10, 2023 (88 FR 69888). A 

copy of the rule was sent via email to 

Committee staff for distribution to all 

Committee members and Oregon and 

Washington pear growers and handlers. 

The proposed rule was also made 

available by USDA through the internet 

and the Office of the Federal Register. A 


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Federal Register / Vol. 89, No. 226 / Friday, November 22, 2024 / Rules and Regulations 92571 

1This order shall not become effective unless and 

until the requirements of § 900.14 of the rules of 

practice and procedure governing proceedings to 

formulate marketing agreements and marketing 

orders have been met. 

60-day comment period ending 

December 11, 2023, was provided to 

allow interested persons an opportunity 

to respond to the proposal. AMS 

received one comment in support of the 

proposed amendment during the 

comment period. Based on all the 

information available to AMS, including 

the comment received in response to the 

proposed rule, no substantive changes 

were made to the amendment as 

proposed. 

A proposed rule and referendum 

order was then published on April 29, 

2024 (89 FR 33288). That document 

directed that a referendum among 

Oregon and Washington pear producers 

be conducted from May 13, 2024, 

through May 27, 2024, to determine 

whether they favored the proposal. To 

become effective, the amendment had to 

be approved by either two-thirds of the 

producers voting in the referendum or 

by those representing at least two-thirds 

of the volume of pears grown by those 

voting in the referendum. The 

referendum results show the 

amendment was supported by 99 

percent of producers voting, who 

represented 99 percent of the volume of 

pears produced by those voting. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

Order Amending the Order Regulating 

the Handling of Pears Grown in Oregon 

and Washington 1

Findings and Determinations 

The findings and determinations 

hereinafter set forth are supplementary 

to the findings and determinations 

which were previously made in 

connection with the issuance of 

Marketing Order 927; and all said 

previous findings and determinations 

are hereby ratified and affirmed, except 

insofar as such findings and 

determinations may be in conflict with 

the findings and determinations set 

forth herein. 

1. Marketing Order 927 as amended, 

and as hereby amended and all the 

terms and conditions thereof, will tend 

to effectuate the declared policy of the 

Act; 

2. Marketing Order 927 as amended, 

and as hereby amended regulates the 

handling of pears grown in Oregon and 

Washington and is applicable only to 

persons in the respective classes of 

commercial and industrial activity 

specified in the Order; 

3. Marketing Order 927 as amended, 

and as hereby amended is limited in 

application to the smallest regional 

production area, which is practicable, 

consistent with carrying out the 

declared policy of the Act, and the 

issuance of several marketing orders 

applicable to subdivisions of the 

production area would not effectively 

carry out the declared policy of the Act; 

4. Marketing Order 927 as amended, 

and as hereby amended prescribes, 

insofar as practicable, such different 

terms applicable to different parts of the 

production area as are necessary to give 

due recognition to the differences in the 

production and marketing of pears 

produced or packed in the production 

area; and 

5. All handling of pears grown or 

handled in the production area, as 

defined in Marketing Order 927 is in the 

current of interstate or foreign 

commerce or directly burdens, 

obstructs, or affects such commerce. 

(b) Determinations. 

It is hereby determined that: 

1. The issuance of this amendatory 

Order, amending the aforesaid Order, is 

favored or approved by producers 

representing at least two-thirds of the 

volume of pears produced by those 

voting in a referendum on the question 

of approval and who, during the period 

of July 1, 2022, through June 30, 2023, 

were engaged within the production 

area in the production of such pears. 

2. The issuance of this amendatory 

Order advances the interests of 

producers of pears in the production 

area pursuant to the declared policy of 

the Act. 

Order Relative to Handling 

It is therefore ordered, that on and 

after the effective date hereof, all 

handling of pears grown in Oregon and 

Washington shall be in conformity to, 

and in compliance with, the terms and 

conditions of the said Order as hereby 

proposed to be amended as follows: 

The provisions of the proposed 

marketing order amending the Order 

contained in the proposed rule issued 

by the Administrator and published in 

the Federal Register (88 FR 69888) on 

October 10, 2023, will be and are the 

terms and provisions of this order 

amending the Order and are set forth in 

full herein. 

List of Subjects in 7 CFR Part 927 

Marketing agreements, Pears, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the AMS proposes to amend 

7 CFR part 927 as follows: 

PART 927—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. Amend § 927.52 by revising 

paragraph (a) to read as follows: 

§ 927.52 Prerequisites to 

recommendations. 

(a) Decisions of the Fresh Pear 

Committee or the Processed Pear 

Committee with respect to any 

recommendations to the Secretary 

pursuant to the establishment or 

modification of a supplemental rate of 

assessment for an individual variety or 

subvariety of pears shall be made by 

affirmative vote of not less than 75 

percent of the applicable total number 

of votes, computed in the manner 

described in paragraph (b) of this 

section, of all members. Decisions of the 

Fresh Pear Committee pursuant to the 

provisions of § 927.50 shall be made by 

an affirmative vote of not less than 75 

percent of the applicable total number 

of votes, computed in the manner 

prescribed in paragraph (b) of this 

section, of all members. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–27383 Filed 11–21–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1021] 

RIN 1625–AA00 

Safety Zone; Gulf of Mexico and South 

Bay, Boca Chica Beach, TX 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing two temporary safety zones 

to protect personnel, vessels, and the 

marine environment from potential 


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