[Federal Register Volume 61, Number 124 (Wednesday, June 26, 1996)]
[Proposed Rules]
[Pages 33047-33048]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-16430]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 927

[Docket No. AO-99-A7; FV96-927-1]


Winter Pears Grown in Oregon, Washington, and California; 
Hearings on Proposed Amendment of Marketing Order No. 927

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of public hearings on proposed rulemaking.

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SUMMARY: Notice is hereby given of public hearings to consider amending 
Marketing Agreement and Order No. 927 (order). The order regulates the 
handling of winter pears grown in Oregon, Washington, and California. 
The purpose of the hearings is to receive evidence on proposed 
amendments to provisions of the order. With the exception of a proposal 
submitted by the Fruit and Vegetable Division, Agricultural Marketing 
Service (AMS), to make conforming changes and necessary revisions, the 
proposed amendments were submitted by the Winter Pear Control Committee 
(Committee), the agency responsible for the local administration of the 
order. The proposals would remove the State of California from the 
order and make related changes to the key provisions concerning the 
production area, districts and establishment and membership of the 
Committee. Another proposal would allow use of ``Telecopiers'' in the 
mail voting procedures. The Committee believes that the proposed 
changes would improve the administration, operation, and functioning of 
the order.

DATES: The hearings will begin July 9, 1996, at the Red Lion Inn, 1401 
Arden Way, Sacramento, California, and July 10, 1996, at the Holiday 
Inn Airport, 8439 N. East Columbia Blvd., Portland, Oregon. Both 
hearing sessions will begin at 9:00 am.

FOR FURTHER INFORMATION CONTACT: Britthany E. Beadle, Marketing 
Specialist, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, Room 2523-S., P.O. Box 96456, Washington, DC 
20090-6456; telephone: (202) 720-5127 or FAX (202) 720-5698; or Teresa 
Hutchinson, Marketing Specialist, Northwest Marketing Field Office, 
Fruit and Vegetable Division, AMS, USDA, 1220 S.W. Third Avenue, room 
369, Portland, OR 97204-2807; telephone: (509) 326-2724 or FAX (509) 
326-7440.

SUPPLEMENTARY INFORMATION: This action is governed by the provisions of 
sections 556 and 557 of title 5 of the United States Code and is 
therefore excluded from the requirements of Executive Order 12866. The 
hearings are called pursuant to the provisions of the Agricultural 
Marketing Agreement Act of 1937 (Act), as amended (7 U.S.C. 601-674), 
and the applicable rules of practice and procedure governing the 
formulation of marketing agreements and orders (7 CFR part 900).
    The Regulatory Flexibility Act (95 U.S.C. 601 et seq.) seeks to 
ensure that within the statutory authority of a program, the regulatory 
and informational requirements are tailored to the size and nature of 
small businesses. Interested persons are invited to present evidence at 
the

[[Page 33048]]

hearings on the regulatory and informational impact of the proposed 
amendments on small businesses.
    The notice of hearing herein has been reviewed under Executive 
Order 12778, Civil Justice Reform. It is not intended to have 
retroactive effect. The notice of hearing would not preempt any State 
or local laws, regulations, or policies, unless they present an 
irreconcilable conflict with this notice to consider an amendment.
    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 requesting 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, 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 in equity 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.
    The Committee submitted the proposed amendment to remove California 
from the winter pear order. The suggested changes are as follows: (1) 
Revise the definition of ``production area'' to mean only the States of 
Oregon and Washington; (2) revise ``district'' by removing California 
and have only those districts designated in the States of Oregon and 
Washington; (3) revise ``establishment and membership'' of the 
Committee to be consistent with the reduction in size of the regulated 
production area; (4) revise ``procedure of Control Committee'', ``(a) 
quorum and voting'', so that the number of members present for a quorum 
and voting is consistent with Committee representation and amend ``(b) 
mail voting'', to allow for the use of ``telecopiers''; and (5) revise 
the definition of ``pears'' to exclude pears produced in California. 
These proposals were submitted by the Committee, which works with the 
Department in administering the order. These proposals have not 
received the approval of the Secretary of Agriculture.
    The Committee believes that the proposed changes would improve the 
administration, operation, and function of the winter pear marketing 
order.
    In addition, proposals submitted by the Fruit and Vegetable 
Division, AMS, are included to make such changes as may be necessary to 
the order to conform with any amendment thereto that may result from 
the hearing.
    Public hearings are being held for the purpose of: (i) receiving 
evidence about the economic and marketing conditions which relate to 
the proposed amendments of the order; (ii) determining whether there is 
a need for the proposed amendments to the order; and (iii) determining 
whether the proposed amendments or appropriate modifications thereof 
will tend to effectuate the declared policy of the Act.
    All persons wishing to submit written material as evidence at the 
hearing should submit at least four copies of such material and should 
be present at the hearing to present oral testimony concerning the 
material.
    From the time the notice of hearing is issued and until the 
issuance of a final decision in this proceeding, Department employees 
involved in the decisional process are prohibited from discussing the 
merits of the hearing issues on an ex parte basis with any persons 
having an interest in the proceeding. The prohibition applies to 
employees in the following organizational units: Office of the 
Secretary of Agriculture; Office of the Administrator, Agricultural 
Marketing Service; Office of the General Counsel, and the Fruit and 
Vegetable Division, Agricultural Marketing Service.
    Procedural matters are not subject to the above prohibition and may 
be discussed at any time.

List of Subjects in 7 CFR Part 927

    Marketing agreements, Pears, Reporting and recordkeeping 
requirements.

PART 927--WINTER PEARS GROWN IN OREGON AND WASHINGTON

    1. The authority citation for 7 CFR part 927 is revised to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Testimony is invited on the following proposed amendments or 
appropriate alternatives or modifications to such amendments. Proposed 
amendments submitted by the Winter Pear Control Committee are as 
follows:
    Amend Secs. 927.4, 927.10, 927.11, 927.20, and 927.33 as follows:

Proposal No. 1


Sec. 927.4  Pears.

    Pears means and includes any and all of the Beurre D'Anjou, Beurre 
Bosc, Winter Nelis, Doyenne du Comice, Forelle, and Seckel varieties of 
pears, and any other winter pear varieties or subvarieties that are 
recognized by the Control Committee and approved by the Secretary.

Proposal No. 2


Sec. 927.10  Production area.

    Amend Sec. 927.10 by deleting the comma after the word ``Oregon'', 
placing the word ``and'' after the word ``Oregon'', deleting the comma 
after the word ``Washington'', and removing the words ``and 
California'' at the end of the sentence.

Proposal No. 3


Sec. 927.11  District.

    Amending Sec. 927.11 by removing paragraph (e).

Proposal No. 4


Sec. 927.20  Establishment and membership.

    Amend Sec. 927.20 by removing the number ``14'' in the first 
sentence and adding in its place the number ``12''; and by removing the 
word ``seven'' and adding in its place the word ``six'' at the 
beginning of the sentence and before the word ``members'' in the third 
sentence.

Proposal No. 5


Sec. 927.33  Procedure of Control Committee.

    Amend Sec. 927.33 paragraph (a) by removing the word ``ten'' in the 
first sentence and adding in its place the word ``nine''; and amending 
paragraph (b) by adding the word ``telecopier'' and a comma after the 
word ``mail'' in the first sentence.
    The Fruit and Vegetable Division, AMS, submitted the following 
proposal:

Proposal No. 6

    Make such changes as may be necessary to the order to conform with 
any amendment thereto that may result from the hearing.

    Dated: June 24, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-16430 Filed 6-24-96; 12:40 pm]
BILLING CODE 3410-02-P