Pears Grown in Oregon and Washington; Modification of the Handling Regulation

Cited as:85 FR 66283
Court:Agricultural Marketing Service, Agriculture Department
Publication Date:19 Oct 2020
Record Number:2020-22169
66283
Federal Register / Vol. 85, No. 202 / Monday, October 19, 2020 / Proposed Rules
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Doc. No. AMS–SC–20–0063; SC20–927–1
PR]
Pears Grown in Oregon and
Washington; Modification of the
Handling Regulation
AGENCY
: Agricultural Marketing Service,
USDA.
ACTION
: Proposed rule.
SUMMARY
: This proposed rule would
modify the handling regulation
prescribed under the marketing order
for pears grown in Oregon and
Washington (Order). This action would
decrease the maximum acceptable
pressure for early season Beurre
D’Anjou (Anjou) variety pears shipped
throughout the Continental United
States and to Canada. In addition, this
rule would remove the handling
requirement exemption for small
shipments of Anjou pears.
DATES
: Comments must be received by
December 18, 2020.
ADDRESSES
: Interested persons are
invited to submit written comments
concerning this proposed rule.
Comments must be sent to the Docket
Clerk, Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938; or
internet: https://www.regulations.gov.
Comments should reference the
document number and the date and
page number of this issue of the Federal
Register and will be available for public
inspection in the Office of the Docket
Clerk during regular business hours, or
can be viewed at: https://
www.regulations.gov. All comments
submitted in response to this rule will
be included in the record and will be
made available to the public. Please be
advised that the identity of the
individuals or entities submitting the
comments will be made public on the
internet at the address provided above.
FOR FURTHER INFORMATION CONTACT
: Dale
Novotny, Marketing Specialist, or Gary
Olson, Regional Director, Northwest
Marketing Field Office, Marketing Order
and Agreement Division, Specialty
Crops Program, AMS, USDA;
Telephone: (503) 326–2724 or Email:
DaleJ.Novotny@usda.gov or
GaryD.Olson@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION
: This
action, pursuant to 5 U.S.C. 553,
proposes to amend regulations issued to
carry out a marketing order as defined
in 7 CFR 900.2(j). This proposed rule is
issued under Marketing Agreement and
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 production
area, and a public member.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Order 12866 review. Additionally,
because this proposed rule does not
meet the definition of a significant
regulatory action, it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed rule is
not intended to have retroactive effect.
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 a marketing order
may file with USDA a petition stating
that the marketing order, any provision
of the marketing order, or any obligation
imposed in connection with the
marketing order is not in accordance
with law and request a modification of
the order or to be exempted therefrom.
Such 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
not later than 20 days after the date of
the entry of the ruling.
This proposed rule would modify the
handling regulation prescribed under
the marketing order for pears grown in
Oregon and Washington. This action
would decrease, from 14 pounds to 13
pounds, the maximum acceptable
pressure for early season Anjou variety
pears shipped throughout the
Continental United States and to Canada
during the period August 15 to
November 1. The maximum pressure for
Anjou pear shipments to Mexico during
this period would remain at 14 pounds.
In addition, this action would remove
the exemption from handling
requirements for Anjou pear shipments
of 8,800 pounds or less. The Committee
recommended these actions at its May
26, 2020, meeting.
Section 927.51 provides authority for
the Committee, with the approval of
USDA, to regulate the handling of pears
grown within the production area of
Oregon and Washington. Section 927.52
stipulates the prerequisites for
recommendations made by the
Committee with regards to the issuance,
modification, suspension, or
termination of handling regulation
established under the authority of
§ 927.51. Section 927.316 sets forth the
handling requirements for fresh Anjou
pears.
The Committee met on May 26, 2020,
and recommended modification of the
handling regulation for the 2021–2022
and subsequent fiscal periods. The
Committee’s recommendation was not
unanimous but met the requirements of
§ 927.52 for recommendations to modify
the Order’s handling regulation. For
recommendations to change the
handling regulations, the Committee
vote is weighted by volume. The Order
provision allocates Committee members
one vote for each 25,000 boxes of the
average quantity of such variety or
subvariety produced in their district and
shipped therefrom during the
immediately preceding three fiscal
periods. The provision further requires
that recommendations for changes to the
handling regulations shall be affirmed
by members representing no less than
80 percent of the volume of the variety
or subvariety affected.
Based on the above calculation, there
were 397 votes cast at the meeting. The
Committee voted 343 (86 percent) in
favor of the recommendation, 48 votes
(12 percent) opposed, with 6 votes (2
percent) abstaining. The voters in
opposition expressed concern that the
modification of the handling regulation
could hamper total sales of early season
Anjou pears. The members abstaining
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represented very little, if any, Anjou
production.
The Committee had discussed the
modification of the handling regulation
specific to early season Anjou pears
several times in the past. The
Committee established a subcommittee
to talk with industry members and
researchers to weigh the benefits of
different regulatory options. Research
conducted using Committee funds has
demonstrated that Anjou pears
harvested at higher pressures tend to not
ripen properly. Most North American
consumers prefer a pear that will ripen
and be ready to eat quickly after
purchase. Lowering the maximum
pressure requirement by 1 pound, from
14 pounds to 13 pounds for the
Continental United States and Canada
would help ensure consumers in those
areas consistently receive the product
they prefer. International market and
consumer research conducted for the
Committee has demonstrated that the
Mexican market is more receptive to a
firmer pear, which led to the decision to
leave the pressure at 14 pounds for early
season shipments to Mexico.
In addition, removing the 8,800
minimum quantity exemption would
ensure that even small shipments of
early season Anjou pears conform to the
maximum pressure requirements and
that all product shipped during this
period is of similar quality.
The Committee derived its
recommendation to modify the handling
regulation from lengthy discussions
with industry members at multiple
public meetings, from subcommittee
input, and from research conducted
using Committee funds.
This proposed rule would lower the
acceptable pressure, from 14 pounds to
13 pounds, of early season Anjou pear
shipments destined for the Continental
United States and Canada, and would
remove the minimum quantity
exemption for all early season Anjou
shipments. It is the Committee’s
determination that this modification
would increase consumer preference for
Anjou pears in the fresh fruit market by
delivering a better eating experience and
would provide increased returns to
handlers and growers.
Initial 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
proposed rule on small entities.
Accordingly, AMS has prepared this
initial 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, 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 838 growers
of pears for the fresh market in the
regulated area and approximately 32
handlers of pears who are 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 $1,000,000, and small
agricultural service firms have been
defined as those whose annual receipts
are less than $30,000,000 (13 CFR
121.201).
According to the most recent data
from the National Agricultural Statistics
Service (NASS), the national average
producer price for non-Bartlett fresh
pears for the 2017 marketing year (the
most current year for NASS pear data)
ranged from $748 to $788 per ton or
$16.46 to $17.34 per 44-pound standard
box. The Committee reported that for
the same full year of records, total
shipments of non-Bartlett pears for the
fresh market from the production area
were 11,875,202 boxes. Using the NASS
price range from the 2017 marketing
year, the total 2017 farm gate value of
the fresh, non-Bartlett pear crop could
therefore be estimated to be between at
$195,465,825 and $205,916,003.
Dividing the crop value by the estimated
number of growers (838) yields an
estimated average receipt per producer
of between $233,253 and $245,723,
which is well below the SBA threshold
for small producers.
USDA Market News reported a freight
on board (FOB) average price (including
palletizing and cooling) of $24.45 per
44-pound box or equivalent of pears
shipped in 2019. Multiplying this
average FOB price by the Committee
recorded total 2019 shipments of
13,811,500 44-pound boxes of fresh
pears results in an estimated gross value
of fresh pear shipments of $337,691,175.
Dividing this figure by the number of
handlers (32) yields estimated average
annual handler receipts of $10,552,849,
which is below the SBA threshold for
small agricultural service firms.
Therefore, using the above data, and
assuming a normal distribution, the
majority of producers and handlers of
pears in the production area may be
classified as small entities.
This proposal would decrease, from
14 pounds to 13 pounds, the maximum
acceptable pressure for early season
Anjou variety pears shipped throughout
the Continental United States and to
Canada from during the period August
15 to November 1. The maximum
pressure for Anjou pear shipments to
Mexico during this period would
remain unchanged at 14 pounds. In
addition, this action would remove the
handling requirement exemption for
early season Anjou pear shipments of
8,800 pounds or less. All other
requirements in the Order’s handling
regulations would remain unchanged.
Authority for this action is contained in
§ 927.51.
This proposed rule is expected to
benefit the growers, handlers, and
consumers of fresh pears. The
Committee anticipates that this
modification would lead to greater
returns to handlers and growers by
encouraging repeat consumption of
fresh Anjou pears due to an improved
eating experience.
Prior to arriving at its
recommendation to modify the handling
regulation, the Committee discussed
various alternatives, including
maintaining the current handling
regulation, decreasing the acceptable
pressure further, shortening the
regulation period, and extending the
requirement to shipments to Mexico.
After several failed motions and much
deliberation, the Committee determined
that the recommended modification
would most benefit the industry and
consumers of pears.
The Committee’s meeting was widely
publicized throughout the northwest
pear industry. All interested persons
were invited to attend the meeting. Like
all Committee meetings, the May 26,
2020, meeting was a public meeting,
and all entities, both large and small,
were able to express views on this issue.
Finally, interested persons are invited to
submit comments on this proposed rule,
including the regulatory and
information collection impacts of this
action on small businesses.
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 OMB and
assigned OMB No. 0581–0189, Fruit
Crops. No changes in those
requirements would be necessary as a
result of this proposed rule. Should any
changes become necessary, they would
be submitted to OMB for approval.
This proposed rule would not impose
any 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
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requirements and duplication by
industry and public sector agencies.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this proposed rule.
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.
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.
A 60-day comment period is provided
to allow interested persons to respond
to this proposed rule. All written
comments timely received will be
considered before a final determination
is made on this matter.
List of Subjects in 7 CFR Part 927
Marketing agreements, Reporting and
recordkeeping requirements, Pears.
For the reasons set forth in the
preamble, 7 CFR part 927 is proposed to
be amended 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. Section 927.316 is revised to read
as follows:
§ 927.316 Handling Regulation.
During the period August 15 through
November 1, no person shall handle any
fresh Beurre D’Anjou variety pears
unless such pears meet the following
requirements:
(a) Shipments of fresh Beurre D’Anjou
variety pears throughout the Continental
United States or to Canada shall have a
certification by the Federal-State
Inspection Service, issued prior to
shipment, showing that the core/pulp
temperature of such pears has been
lowered to 35 degrees Fahrenheit or less
and any such pears have an average
pressure test of 13 pounds or less.
(b) Shipments of fresh Beurre D’Anjou
variety pears to Mexico shall have a
certification by the Federal-State
Inspection Service, issued prior to
shipment, showing that the core/pulp
temperature of such pears has been
lowered to 35 degrees Fahrenheit or less
and any such pears have an average
pressure test of 14 pounds or less.
(c) The handler shall submit, or cause
to be submitted, a copy of the certificate
issued on the shipment to the Fresh
Pear Committee.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2020–22169 Filed 10–16–20; 8:45 am]
BILLING CODE P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[Docket Nos. PRM–72–7; NRC–2012–0266;
NRC–2014–0067]
Spent Fuel Cask Certificate of
Compliance Format and Content
AGENCY
: Nuclear Regulatory
Commission.
ACTION
: Withdrawal of petition for
rulemaking; discontinuation of
rulemaking activity.
SUMMARY
: The U.S. Nuclear Regulatory
Commission (NRC) is announcing the
withdrawal of Petition for Rulemaking
PRM–72–7 (PRM; petition), and
discontinuation of the associated
rulemaking activity, ‘‘Spent Fuel Cask
Certificate of Compliance Format and
Content.’’ The NRC will no longer track
this rulemaking activity or PRM.
DATES
: The docket for the rulemaking is
closed on October 19, 2020. The petition
was withdrawn on February 25, 2020.
ADDRESSES
: Please refer to Docket IDs
NRC–2012–0266 or NRC–2014–0067
when contacting the NRC about the
availability of information for this
action. You may obtain publicly-
available information related to this
action by any of the following methods:
Federal Rulemaking website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2012–0266 or NRC–
2014–0067. Address questions about
NRC dockets to Carol Gallagher;
telephone: 301–415–3463; email:
Carol.Gallagher@nrc.gov. For technical
questions, contact the individual listed
in the
FOR FURTHER INFORMATION
CONTACT
section of this document.
NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publicly-
available documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. Instructions about obtaining
materials referenced in this document
are provided in the Availability of
Documents section of this document.
Attention: The Public Document
Room (PDR), where you may examine
and order copies of public documents is
currently closed. You may submit your
request to the PDR via email at
PDR.Resource@nrc.gov or call 1–800–
397–4209 between 8:00 a.m. and 4:00
p.m. (EST), Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT
:
Mary Anderson, Office of Nuclear
Material Safety and Safeguards, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001; telephone:
301–415–7126; email: Mary.Anderson@
nrc.gov.
SUPPLEMENTARY INFORMATION
:
Table of Contents
I. Discussion
II. NRC Analysis
III. Availability of Documents
IV. Conclusion
I. Discussion
On October 3, 2012, the NRC received
PRM–72–7 from the Nuclear Energy
Institute (NEI; petitioner). The petition
requested that the NRC revise part 72 of
title 10 of the Code of Federal
Regulations (10 CFR), ‘‘Licensing
Requirements for the Independent
Storage of Spent Nuclear Fuel, High-
Level Radioactive Waste, and Reactor-
Related Greater Than Class C Waste,’’ to
add a new rule governing spent fuel
storage cask certificate of compliance
format and content and make other
changes to NRC oversight of dry cask
storage activities.
The petition was noticed in the
Federal Register for public comment on
February 5, 2013. The NRC received five
comment letters, all supporting the
petition. On July 18, 2014, the NRC
announced that the six issues raised in
the petition were appropriate for
consideration in the rulemaking
process. The petition issues were
identified as follows:
Issue No. 1: The petition requested an
amendment to 10 CFR part 72, subpart
L, ‘‘Approval of Spent Fuel Storage
Casks,’’ to provide specific criteria for
the format and content of the certificate
of compliance for a spent fuel storage
cask.
Issue No. 2: The petition requested an
amendment to § 72.62 to provide backfit
protection to certificate of compliance
holders in addition to licensees.
Issue No. 3: The petition requested an
amendment to 10 CFR part 72, subpart
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