21520 Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 923 

[Doc. No. AMS–FV–12–0026; FV12–923–1 

FIR] 

Sweet Cherries Grown in Designated 

Counties in Washington; Decreased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

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 Washington Cherry 

Marketing Committee (Committee) for 

the 2012–2013 and subsequent fiscal 

periods from $0.40 to $0.18 per ton of 

sweet cherries handled. The Committee 

locally administers the marketing order 

for sweet cherries grown in designated 

counties in Washington. The interim 

rule was necessary to allow the 

Committee to reduce its monetary 

reserve. 

DATES: Effective April 12, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

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: 

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 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.Smutney@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

923, as amended (7 CFR part 923), 

regulating the handling of sweet 

cherries 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. 

Under the order, Washington sweet 

cherry 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 

Washington sweet cherries for the entire 

fiscal period, and continue indefinitely 

until amended, suspended, or 

terminated. The Committee’s fiscal 

period begins on April 1, and ends on 

March 31. 

In an interim rule published in the 

Federal Register on December 6, 2012, 

and effective on December 7, 2012 (77 

FR 72683, Doc. No. AMS–FV–12–0026, 

FV12–923–1 IR), § 923.236 was 

amended by decreasing the assessment 

rate established for Washington sweet 

cherries for the 2012–2013 and 

subsequent fiscal periods from $0.40 to 

$0.18 per ton of sweet cherries handled. 

The decrease in the per ton assessment 

rate allows the Committee to reduce its 

monetary reserve. 

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 53 handlers of Washington 

sweet cherries subject to regulation 

under the order and approximately 

1,500 producers in the regulated 

production area. Small agricultural 

service firms are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000, and small 

agricultural producers are defined as 

those having annual receipts of less than 

$750,000. 

The National Agricultural Statistics 

Service prepared a preliminary report 

for the 2011 shipping season showing 

that the sweet cherry fresh market 

utilization of 165,000 tons sold for an 

average of $2,300 per ton. Based on the 

number of producers in the production 

area (1,500), the average producer 

revenue from the sale of sweet cherries 

in 2011 can therefore be estimated at 

approximately $253,000 per year. In 

addition, the Committee reports that 

most of the industry’s 53 handlers 

would have each averaged gross receipts 

of less than $7,500,000 from the sale of 

fresh sweet cherries last season. Thus, 

the majority of producers and handlers 

of Washington sweet cherries 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 2012– 

2013 and subsequent fiscal periods from 

$0.40 to $0.18 per ton of sweet cherries. 

The Committee also unanimously 

recommended 2012–2013 expenditures 

of $64,400. The assessment rate of $0.18 

is $0.22 lower than the rate previously 

in effect. The quantity of assessable 

sweet cherries for the 2012–2013 fiscal 

period is estimated at 120,000 tons. 

Thus, the $0.18 rate should provide 

$21,600 in assessment income. Income 

derived from handler assessments, along 

with interest income and funds from the 

Committee’s authorized reserve, will be 

adequate to cover budgeted expenses. 

This action will allow the Committee to 

reduce its monetary reserve. 

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 addition, the Committee’s meeting 

was widely publicized throughout the 

Washington sweet cherry industry and 

all interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the May 

15, 2012, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

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 Washington 

sweet cherry handlers. As with all 

Federal marketing order programs, 


TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 70 / Thursday, April 11, 2013 / Rules and Regulations 21521 

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. 

Comments on the interim rule were 

required to be received on or before 

February 4, 2013. 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-12-0026- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 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 (77 FR 72683, December 6, 

2012) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 923 

Cherries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 923—SWEET CHERRIES 

GROWN IN DESIGNATED COUNTIES 

IN WASHINGTON 

Accordingly, the interim rule 

amending 7 CFR part 923, which was 

published at 77 FR 72683 on December 

6, 2012, is adopted as a final rule, 

without change. 

Dated: April 5, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–08463 Filed 4–10–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 927 

[Doc. No. AMS–FV–12–0031; FV12–927–2 

FIR] 

Pears Grown in Oregon and 

Washington; Assessment Rate 

Decrease for Processed Pears 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

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 2012– 

2013 and subsequent fiscal periods from 

$7.73 to $7.00 per ton of summer/fall 

processed pears. The Committee locally 

administers the marketing order that 

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 2012–2013 fiscal period 

was reduced. 

DATES: Effective April 12, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

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: 

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 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 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, 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 December 5, 2012, 

and effective on December 6, 2012 (77 

FR 72197, Doc. No. AMS–FV–12–0031, 

FV12–927–2 IR), § 927.237 was 

amended by decreasing the assessment 

rate established for Oregon-Washington 

processed pears for the 2012–2013 and 

subsequent fiscal periods from $7.73 to 

$7.00 per ton of summer/fall processed 

pears handled. The Committee 

recommended the assessment rate 

decrease because the 2012–2013 

summer/fall processed pear promotion 

budget was reduced. 

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 1,500 

producers of processed pears in the 

regulated production area and 

approximately 50 handlers of processed 

pears subject to regulation under the 

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 are 

defined as those whose annual receipts 

are less than $7,000,000. (13 CFR 

121.201) 

According to the Noncitrus Fruits and 

Nuts 2011 Preliminary Summary issued 

in March 2012 by the National 

Agricultural Statistics Service, the total 

farm-gate value of summer/fall 

processed pears grown in Oregon and 

Washington for 2011 was $35,315,000. 

Based on the number of processed pear 

producers in Oregon and Washington, 

the average gross revenue for each 

producer can be estimated at 

approximately $23,543. Furthermore, 

based on Committee records, the 

Committee has estimated that each of 

the Oregon-Washington pear handlers 

currently ship less than $7,000,000 

worth of processed pears all on an 

annual basis. From this information, it 

is concluded that the majority of 

producers and handlers of Oregon and 

Washington processed pears may be 

classified as small entities. 


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