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[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Rules and Regulations]
[Pages 30495-30497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15350]

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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Part 922

[Docket No. FV96-922-1IFR]

Apricots Grown in Designated Counties in Washington; Temporary 
Suspension of Grade Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule suspends, for the 1996 season only, 
the minimum grade requirements (Washington No. 1) currently in effect 
for fresh shipments of apricots grown in Washington. This change was 
recommended by the Washington Apricot Marketing Committee (committee), 
which works with the Department of Agriculture (Department) in 
administering the marketing order covering apricots grown in designated 
counties in Washington. This rule will enable handlers to ship more 
fruit in fresh market channels, taking into consideration the damage 
caused to Washington apricots by freezing temperatures during the 
growing season. This change is expected to increase returns to 
producers and to make more fresh apricots available to consumers.

DATES: This interim final rule is effective June 15, 1996. Comments 
which are received by July 17, 1996, will be considered prior to the 
issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be sent in triplicate 
to the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, Room 
2525, South Building, P.O. Box 96456, Washington, DC 20090-6456, Fax: 
(202) 720-5698. 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.

FOR FURTHER INFORMATION CONTACT: Teresa L. Hutchinson, Northwest 
Marketing Field Office, Fruit and Vegetable Division, AMS, USDA, 1220 
SW Third Avenue, Room 369, Portland, OR 97204; telephone: (503) 326-
2724; or Britthany E. Beadle, Marketing Order Administration Branch, 
Fruit and Vegetable Division, Agricultural Marketing Service, U.S. 
Department of Agriculture, Room 2523-S, P.O. Box 96456, Washington, DC 
20090-6456; telephone: (202) 720-5331.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 132 and Marketing Order No. 922 [7 CFR Part 922], both as 
amended, regulating the handling of apricots grown in designated 
counties in Washington, hereinafter referred to as the ``order.'' The 
order is authorized by the Agricultural Marketing Agreement Act of 
1937, as amended [7 U.S.C. 601-674], hereinafter referred to as the 
``act.''
    The Department is issuing this rule in conformance with Executive 
Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will not preempt any State or 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 the Secretary 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

[[Page 30496]]

a hearing on the petition. After the hearing the Secretary 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 the 
Secretary's ruling on the petition, provided an action is filed not 
later than 20 days after the date of the entry of the ruling.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this action on small entities.
    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 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 75 handlers of Washington apricots who are 
subject to regulation under the order and approximately 400 producers 
in the regulated area. Small agricultural service firms, which includes 
handlers of Washington apricots, have been defined by the Small 
Business Administration [13 CFR 121.601] as those having annual 
receipts of less than $5,000,000, and small agricultural producers are 
defined as those whose annual receipts are less than $500,000. The 
majority of Washington apricot handlers and producers may be classified 
as small entities.
    Section 922.52 of the order authorizes the issuance of grade, size, 
quality, maturity, container markings, pack, and container regulations 
for any variety or varieties of apricots grown in any district or 
districts of the production area. Section 922.53 further authorizes the 
modification, suspension, or termination of regulations issued under 
Sec. 922.52. Section 922.55 provides that whenever apricots are 
regulated pursuant to Secs. 922.52 or 922.53, such apricots must be 
inspected by the Federal-State Inspection Service, and certified as 
meeting the applicable requirements of such regulations.
    Minimum grade, maturity, color, and size requirements for 
Washington apricots regulated under the order are specified in 
Sec. 922.321 Apricot Regulation 21 [7 CFR 922.321]. Section 922.321 
provides that no handler shall handle any container of apricots unless 
such apricots grade not less than Washington No. 1, except for 
shipments subject to exemption under the regulation. In addition, the 
section provides that the Moorpark variety in open containers must be 
generally well matured. Also, that section provides that, with the 
exception of exempt shipments, apricots must be at least reasonably 
uniform in color, and be at least 1\5/8\ inches in diameter, except for 
the Blenheim, Blenril, and Tilton varieties which must be at least 1\1/
4\ inches in diameter. Individual shipments of apricots are exempt from 
these requirements if sold for home use only, do not exceed 500 pounds 
net weight, and containers are stamped or marked with the words ``not 
for resale.''
    This rule amends paragraph (a)(1) of Sec. 922.321 by temporarily 
suspending the minimum grade requirements for fresh shipments of 
apricots for the 1996 season only. The grade requirements currently 
specified in Sec. 922.321 will resume April 1, 1997, for 1997 and 
future seasons.
    At its May 16, 1996, meeting, the committee unanimously recommended 
suspending the grade requirements for the 1996 season. The committee 
requested that this suspension be effective by June 15, the date 
shipments of the 1996 Washington apricot crop are expected to begin.
    The committee meets prior to and during each season to consider 
recommendations for modification, suspension, or termination of the 
regulatory requirements for Washington apricots which have been issued 
on a continuing basis. Committee meetings are open to the public and 
interested persons may express their views at these meetings. The 
Department reviews committee recommendations and information submitted 
by the committee and other available information, and determines 
whether modification, suspension, or termination of the regulatory 
requirements would tend to effectuate the declared policy of the act.
    The committee reports that the apricot crop was severely damaged by 
several freezes last winter and early this spring. The severe weather 
conditions resulted in a high percentage of damage from russeting, scab 
spots, and other grade defects making it difficult for apricots to meet 
the minimum grade requirements of Washington No. 1. The committee 
estimates that only 2,300 tons of apricots will be shipped fresh during 
the 1996 season, even with the grade requirements suspended as 
requested. This amount is 52 percent of last season's fresh shipments 
of 4,452 tons and 46 percent of the five-year average of 4,965 tons.
    This rule suspends only the grade requirements specified in 
Sec. 922.321. Thus, the color and minimum size requirements for all 
varieties and the well matured requirements for the Moorpark variety 
will remain unchanged.
    This rule will enable handlers to ship a larger portion of their 
crop to the fresh market this season, taking into account the abnormal 
growing conditions, than they would be allowed if the minimum grade 
requirements were not suspended. Suspension of the grade requirements 
for Washington apricots is intended to increase fresh shipments to meet 
consumer needs and improve returns to producers. It is the Department's 
view that the impact of this action upon producers and handlers, both 
large and small, will be beneficial because it will enable handlers to 
provide apricots consistent with 1996 season growing conditions. 
Therefore, the AMS has determined that this action will not have a 
significant economic impact on a substantial number of small entities.
    After consideration of all relevent material presented, the 
information and recommendation submitted by the committee, and other 
available information, it is found that suspending the minimum grade 
requirements, as set forth in this rule, will tend 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 suspends the current grade requirements for 
Washington apricots; (2) this rule was unanimously recommended by the 
committee at an open public meeting and all interested persons had an 
opportunity to express their views and provide input; (3) Washington 
apricot handlers are aware of this rule and need no additional time to 
comply with the relaxed requirements; (4) this rule should be in effect 
by June 15, 1996, the date 1996 season shipments of the Washington 
apricot crop are expected to begin, and this action should apply to the 
entire season's shipments; and (5) this rule provides a 30-day comment 
period, and any comments received will be considered prior to 
finalization of this rule.

List of Subjects in 7 CFR Part 922

    Marketing agreements, Apricots, Reporting and recordkeeping 
requirements.

[[Page 30497]]

    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.

    2. Section 922.321 is amended by revising paragraph (a)(1) to read 
as follows:

Sec. 922.321  Apricot Regulation 21.

    (a) * * *
    (1) Minimum grade and maturity requirements. Such apricots that 
grade not less than Washington No. 1 and are at least reasonably 
uniform in color: Provided, That the grade requirement shall not apply 
to apricots handled from June 15, 1996, through March 31, 1997; 
Provided further, That such apricots of the Moorpark variety in open 
containers shall be generally well matured; and
* * * * *
    Dated: June 12, 1996.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-15350 Filed 6-14-96; 8:45 am]
BILLING CODE 3410-02-P
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