[Federal Register: February 24, 2004 (Volume 69, Number 36)]
[Rules and Regulations]
[Page 8325-8327]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24fe04-2]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 916 and 917
[Docket No. FV03-916-610 REVIEW]
Nectarines and Peaches/Pears Grown in California; Section 610
Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
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SUMMARY: This action summarizes the results under the criteria
contained in section 610 of the Regulatory Flexibility Act (RFA), of an
Agricultural Marketing Service (AMS) review of Marketing Orders 916 and
917 regulating the handling of nectarines and peaches/pears grown in
California. The provisions and regulations for pears have been
suspended since 1994. Based upon its review, AMS has determined that
the nectarine and peach marketing orders should be continued, and that
the pear order provisions should be continued, as suspended.
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should be sent to the Docket Clerk, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; fax:
(202) 720-8938; or e-mail: moab.docketclerk@usda.gov.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, Marketing Specialist,
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street,
Suite 102B, Fresno, California 93721; telephone: (209) 487-5902; fax:
(209) 487-5906; e-mail: Terry Vawter@usda.gov; or George Kelhart,
Technical Advisor, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP
0237, Washington, DC 20250-0237; telephone: (202) 720-2491; fax: (202)
720-8938; e-mail: George.Kelhart@usda.gov.
[[Page 8326]]
SUPPLEMENTARY INFORMATION: Marketing Orders 916 and 917, as amended (7
CFR parts 916 & 917), regulate the handling of nectarines and peaches
grown in California. The marketing orders are effective under the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674) hereinafter referred to as the ``Act.''
The nectarine marketing order authorizes the Nectarine
Administrative Committee (NAC), consisting of eight growers or
employees of growers and their respective alternates from four
districts in California.
The peach marketing order authorizes the Peach Commodity Committee
(PCC) consisting of 13 growers or employees of growers, representing
five districts within the production area.
Currently, there are approximately 1,800 nectarine and peach
growers and approximately 300 handlers. The majority of the growers and
handlers may be classified as small entities. The regulations
implemented under the orders are applied uniformly to all size
entities, and are designed to benefit all entities, regardless of size.
Marketing Order No. 916, originally established in 1948, and
Marketing Order No. 917, established in 1939, authorize grade, size,
maturity, quality, and container marking and pack requirements;
mandatory inspection and reporting; cultural research; marketing
research; marketing development; and promotion projects.
AMS published in the Federal Register (63 FR 8014; February 18,
1999), its plan to review certain regulations, including Marketing
Orders 916 and 917, under criteria contained in section 610 of the
Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612). Updated plans were
published in the Federal Register on January 4, 2002 (67 FR 525), and
again on August 14, 2003 (68 FR 48574). AMS published a notice of
review and request for written comments on the California nectarine,
peach, and pear marketing orders in the April 21, 2003, issue of the
Federal Register (68 FR 19491). No comments were received from that
publication, but, as discussed below, numerous comments on the programs
were received as a result of a public meeting (listening sessions) held
by USDA in May 2003.
The 610 review was undertaken to determine whether the California
nectarine and peach marketing orders should be continued without
change, amended, or rescinded to minimize the impacts on small
entities. Regarding pears, the review was conducted to determine
whether the program should be reactivated with change, amended, or
rescinded. In conducting this review, AMS considered the following
factors: (1) The continued need for the marketing orders; (2) the
nature of complaints or comments received from the public concerning
the marketing orders; (3) the complexity of the marketing orders; (4)
the extent to which the marketing orders overlap, duplicate, or
conflict with other Federal rules, and, to the extent feasible, with
State and local governmental rules; and (5) the length of time since
the marketing orders have been evaluated or the degree to which
technology, economic conditions, or other factors have changed in the
area affected by the marketing orders.
The nectarine and peach marketing orders require that a continuance
referendum be held every four years to determine whether growers favor
continuation. Continuance referenda were held on both orders in January
2003. Results from the referenda revealed that slightly less than two-
thirds of those voting favored continuation of the nectarine and peach
orders. The vote of pear growers to continue the order met the two-
thirds criteria. As a result, USDA published an announcement of a
public meeting to review the nectarine and peach orders (listening
sessions) in the April 21, 2003, issue of the Federal Register (68 FR
19466). The listening sessions were held in the production area on May
20 and 21, 2003, and written comments were solicited until June 20,
2003. Thirty-seven individuals spoke at the listening sessions and
seven others filed comments on the marketing orders.
The majority of commenters believed that the programs are effective
and important tools for the nectarine and peach industries. Commenters
identified the orders' promotional programs, research activities,
quality regulations, and data collection provisions as benefits to
growers and handlers. Many commenters believe that recent changes in
the programs will improve support for the marketing orders.
The marketing orders for nectarines and peaches have been used
effectively in the areas of quality control and marketing research and
development. The establishment of a quality control program that
includes minimum grades and standards and mandatory inspections, the
establishment of container and pack requirements, and the compilation
and dissemination of statistical information to the industry has helped
improve the quality of product moving from the farm to market and has
helped growers and handlers more effectively market their crops.
These order requirements have helped ensure that only satisfactory
quality product reaches the consumer. This has helped increase and
maintain market demand for nectarines and peaches from this marketing
order area over the years. In regard to complaints or comments received
from the public regarding the marketing orders, USDA received 44
comments from industry members as a result of the listening sessions
relative to the nectarine and peach marketing orders. Only four of the
commenters favored termination of the marketing orders. The majority of
the comments were supportive of the programs as they currently exist.
However, there were some concerns voiced by commenters. Some of the
commenters found the referendum ballot complicated or confusing, some
objected to or supported continued shipments of ``CA Utility'' quality
fruit, some felt that reporting and compliance requirements should be
eliminated and assessments reduced, and some felt that the size
regulations needed to be reviewed. The committees and USDA will review
the issues raised by the commenters.
Marketing order issues and programs are discussed at public
meetings, and all interested persons are allowed to express their
views. All comments are considered in the decision making process by
the committees and USDA before program changes are implemented.
In considering the orders' complexity, AMS has determined that the
marketing orders are not unduly complex. During the review, the orders
were also checked for duplication and overlap with other regulations.
AMS did not identify any relevant Federal rules, or State and local
regulations that duplicate, overlap, or conflict with the marketing
orders for nectarines and peaches grown in California.
As stated previously, the orders were established in 1939 and 1958.
During this time, AMS and the California nectarine and peach industries
have continuously monitored marketing operations. Changes in
regulations have been implemented to reflect current industry operating
practices, and to solve marketing problems as they occur. The goal of
these evaluations is to assure that the marketing orders and the
regulations implemented under them fit the needs of the industries and
are consistent with the Act. The committees meet whenever needed, but
at least annually, to discuss the marketing orders and the various
regulations issued thereunder, and to determine if, or what, changes
may be necessary to reflect current industry practices. As a result,
regulatory changes have been
[[Page 8327]]
made numerous times over the years to address industry operation
changes and to improve program administration.
In 1994, the provisions of part 917 relating to pears were
suspended indefinitely (59 FR 10054). The suspension was implemented
because the California Bartlett pear industry began using a California
State pear program. We believe that if a pear program were in effect
under part 917, similar conclusions could be made regarding the 610
review as have been made for nectarines and peaches.
Based upon its review, AMS has determined that the nectarine and
peach marketing orders should be continued, and that the pear order
provisions should be continued, as suspended.
The marketing orders were established to help the California
nectarine and peach industries work with USDA to solve marketing
problems. The marketing order regulations on grade, size, maturity,
quality, container marking and pack requirements, mandatory inspection,
and reporting; and cultural research, marketing research, marketing
development, and promotion continue to be beneficial to producers,
handlers, and consumers. AMS will continue to work with the California
nectarine and peach industries in maintaining effective marketing order
programs.
Dated: February 18, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-3956 Filed 2-23-04; 8:45 am]
BILLING CODE 3410-02-P