[Federal Register: December 9, 2005 (Volume 70, Number 236)]
[Proposed Rules]
[Page 73167-73171]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de05-19]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 73167]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 927
[Docket No. FV05-927-01 PR]
Pears Grown in Oregon and Washington; Establishment of Continuing
Assessment Rates and Modification of the Rules and Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule would establish continuing assessment rates for the
Fresh Pear Committee and the Processed Pear Committee (Committees) for
the 2005-2006 fiscal period and subsequent fiscal periods. The
Committees recommended the establishment of three base rates of
assessment for any or all varieties or subvarieties of pears classified
as ``summer/fall'', ``winter'', and ``other'' for fresh pears and pears
for processing, respectively. This rule would also modify handling and
reporting requirements in conformance with the amendments made to the
marketing order for pears grown in Oregon and Washington on May 21,
2005, and to reflect current pear industry operating practices under
the marketing order. The order is locally administered by the
Committees. Assessments upon pear handlers are used by the Committees
to fund reasonable and necessary expenses of the program. The fiscal
period began July 1 and ends June 30. The assessment rates would remain
in effect indefinitely unless modified, suspended, or terminated.
DATES: Comments must be received by January 9, 2006.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must 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; E-mail: moab.docketclerk@usda.gov; or
Internet: http://www.regulations.gov. Comments should reference the
docket 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:
http://www.ams.usda.gov/fv/moab.html.
FOR FURTHER INFORMATION CONTACT: Susan M. Hiller, Northwest Marketing
Field Office, Fruit and Vegetable Programs, AMS, USDA, Telephone: (503)
326-2724, Fax: (503) 326-7440; 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.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, 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, or E-mail: Jay.Guerber@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.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the marketing order now in effect, Oregon and
Washington pear handlers are subject to assessments. Funds to
administer the order are derived from such assessments. It is intended
that the assessment rates as proposed herein would be applicable to all
assessable pears beginning on July 1, 2005, and continue until amended,
suspended, or terminated. 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 USDA 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. 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 rule reflects a recent amendment to the marketing order for
``winter'' pears (Marketing Order No. 927) which incorporated the
handling of ``summer/fall'' pears, previously regulated under Marketing
Order No. 931, and extended coverage to pears for processing. This rule
would establish continuing assessment rates for the Fresh Pear
Committee (FPC) and the Processed Pear Committee (PPC) for the 2005-
2006 fiscal period and subsequent fiscal periods. The Committees
recommended the establishment of three base rates of assessment for any
or all varieties or subvarieties of pears classified as ``summer/
fall'', ``winter'', and ``other'' for fresh pears and pears for
processing, respectively.
The Oregon and Washington pear marketing order provides authority
for the Committees, with the approval of USDA, to formulate annual
budgets of expenses and collect assessments from handlers to administer
the program. The members of the Committees include growers, handlers,
and processors of Oregon and Washington pears. They are familiar with
the needs of the Committees and with the costs for goods and services
in their local area and are thus in a position to formulate appropriate
budgets and assessment rates for the Committees. The assessment rates
are formulated and discussed in public meetings. Thus, all directly
affected persons have an
[[Page 73168]]
opportunity to participate and provide input.
The FPC met on July 15, 2005, and unanimously recommended 2005-2006
expenditures of $8,987,218. In addition, the FPC unanimously
recommended the following three base rates of assessment: (a) $0.366
per 44-pound net weight standard box or container equivalent for any or
all varieties or subvarieties of fresh pears classified as ``summer/
fall'' (b) $0.501 per 44-pound net weight standard box or container
equivalent for any or all varieties or subvarieties of fresh pears
classified as ``winter'' and (c) $0.000 per 44-pound net weight
standard box or container equivalent for any or all varieties or
subvarieties of fresh pears classified as ``other''. This was the first
public meeting of the newly formed FPC since the pear marketing order
was amended on May 21, 2005 (70 FR 29388).
The FPC contracts with Pear Bureau Northwest under a management
agreement. The major expenditures recommended by the FPC for the 2005-
2006 fiscal period include $418,431 for shared expenses (salaries and
benefits, insurance, office rent, equipment rental and maintenance,
office supplies, telephone, postage, and similar expenses); $584,307
for production research and market development; $207,500 for program
expenses (compliance and education, committee meetings, office
equipment purchases, industry development, and computer programs); and
$7,776,980 for paid advertising.
The recommended assessment rate for fresh ``summer/fall'' pears was
derived by the FPC by allocating $0.300 for paid advertising, $0.031
for production research and market development, and $0.035 for
administrative expenses. Similarly, the assessment rate for ``winter''
pears was derived by allocating $0.400 for paid advertising; $0.031 for
production research and market development; and $0.070 for
administrative expenses. The FPC recommended a $0.00 assessment rate
for all ``other'' pears not included under the classification of
``summer/fall'' and ``winter'' pears. Fresh ``summer/fall'' pear
shipments for 2005-2006 are estimated at 3,688,600 standard boxes,
which should provide $1,350,028 in ``summer/fall'' pear assessment
income. Fresh ``winter'' pear shipments for 2005-2006 are estimated at
15,160,000 standard boxes, which should provide $7,595,160 in
``winter'' pear assessment income. This results in a combined total
assessment income of $8,945,188 for the 2005-2006 fiscal period.
Income derived from handler assessments ($8,945,188), interest and
miscellaneous income ($41,000), and reserve funds ($431,546) would be
adequate to cover budgeted expenses. Reserve funds, estimated at
$430,516 at the end of the 2005-2006 fiscal period, would be kept
within the maximum permitted by the order of approximately one fiscal
period's expenses (Sec. 927.42).
The PPC met on July 22, 2005, and unanimously recommended 2005-2006
expenditures of $875,980. In addition, the PPC unanimously recommended
the following three base rates of assessment: (a) $6.25 per ton for any
or all varieties or subvarieties of pears for canning classified as
``summer/fall'', excluding pears for other methods of processing; (b)
$0.00 per ton for any or all varieties or subvarieties of pears for
processing classified as ``winter'; and (c) $0.00 per ton for any or
all varieties or subvarieties of pears for processing classified as
``other''. The assessment for ``summer/fall'' pears applies only to
pears for canning and excludes pears for other methods of processing as
defined in Sec. 927.15, which includes pears for concentrate,
freezing, dehydrating, pressing, or in any other way to convert pears
into a processed product. This was the first public meeting of the
newly formed PPC since the pear marketing order was amended on May 21,
2005 (70 FR 29388).
The PPC contracts with the Washington State Fruit Commission under
a management agreement. The major expenditures recommended by the PPC
for the 2005-2006 fiscal period include $28,000 for contracted
administrative services expenses; $700,000 for paid advertising;
$140,000 for production research and market development; and $6,980 for
committee expenses (audit, compliance and education, office supplies,
telephone, and travel).
The recommended assessment rate for ``summer/fall'' pears was
derived by the PPC for canning by allocating $5.00 for paid
advertising, $1.00 for production research and market development, and
$0.25 for administrative expenses. The PPC recommended a $0.00
assessment rate for both the ``winter'' and ``other'' classification of
pears for processing. Shipments of ``summer/fall'' pears for canning
for 2005-2006 are estimated at 140,000 tons, which should provide
$875,000 in ``summer/fall'' pear assessment income.
Because this is the first time pears for processing would be
regulated, there is no beginning reserve balance. Income derived from
handler assessments ($875,000), along with interest income ($2,000)
would be adequate to cover budgeted expenses. Reserve funds, estimated
at $1,020 at the end of the 2005-2006 fiscal period, would be kept
within the maximum permitted by the order of approximately one fiscal
period's expenses (Sec. 927.42).
The proposed assessment rates would continue in effect indefinitely
unless modified, suspended, or terminated by USDA upon recommendation
and information submitted by the Committees or other available
information.
Although these assessment rates would be in effect for an
indefinite period, the Committees would continue to meet prior to, or
during, each fiscal period to recommend budgets of expenses and
consider recommendations for modification of the assessment rates. The
dates and times of meetings for the Committees are available from
either the Committees or USDA. Committee meetings are open to the
public and interested persons may express their views at these
meetings. USDA would evaluate the Committees' recommendations and other
available information to determine whether modifications of the
assessment rates are needed. Further rulemaking would be undertaken as
necessary. The Committees' 2005-2006 budgets and those for subsequent
fiscal periods would be reviewed and, as appropriate, approved by USDA.
As a result of amendments to the order on May 21, 2005 (70 FR
29388), the Committees also unanimously recommended conforming changes
to the order's handling and reporting requirements to reflect the
combinations of the two orders into one and to reflect current pear
industry operating practices. The conforming changes that are no longer
in effect for the order, include removing language regarding a
marketing agreement from Sec. Sec. 927.100, 927.101, 927.105, and
927.121; exemption certificates from Sec. Sec. 927.110, 927.110a,
927.111, 927.112, 927.113, and 927.114; shipments to designated
storages in Sec. 927.122; and the reserve fund in Sec. 927.142. In
Sec. 927.102, the list of varieties would be removed since pears are
defined in Sec. 927.4 and California would be removed since that state
is no longer defined in Sec. 927.10, production area. Further,
conforming changes would replace the name of the Winter Pear Control
Committee with that of the FPC or the PPC where appropriate in
Sec. Sec. 927.105, 927.120, 927.123, and 927.316. There would also be
conforming changes in Sec. Sec. 927.125 and 927.126, to the reports
required under the order for the FPC and the PPC that were previously
required under the Winter Pear Control Committee and the Northwest
Fresh Bartlett Pear Marketing Committee.
[[Page 73169]]
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this 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
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. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 1,715 growers of pears in Oregon and
Washington and approximately 51 handlers subject to regulation under
the marketing order. Small agricultural producers are defined by the
Small Business Administration (SBA) (13 CFR 121.201) 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
$6,000,000.
According to the Noncitrus Fruits and Nuts 2004 Summary issued in
July 2005 by the National Agricultural Statistics Service, the total
farm gate value of all pears grown in Oregon and Washington for 2004
was $210,409,000. Therefore, the 2004 average gross revenue for a pear
grower in Oregon and Washington was $122,687. Based on records of the
Committees and recent f.o.b. prices for pears, over 76 percent of the
handlers ship less than $6,000,000 worth of pears on an annual basis.
Thus, it can be concluded that the majority of growers and handlers of
Oregon and Washington pears may be classified as small entities.
There are five processing plants in the production area, with one
in Oregon and four in Washington. All five processors would be
considered large entities under the SBA's definition of small
businesses.
This rule would establish continuing assessment rates for the FPC
and the PPC for the 2005-2006 fiscal period and subsequent fiscal
periods. The Committees recommended the establishment of three base
rates of assessment for any or all varieties or subvarieties of pears
classified as ``summer/fall'', ``winter'', and ``other'' for fresh
pears and pears for processing, respectively.
The FPC met on July 15, 2005, and unanimously recommended 2005-2006
expenditures of $8,987,218. In addition, the FPC unanimously
recommended three base rates of assessment per 44-pound net weight
standard box or container equivalent for any or all varieties or
subvarieties of fresh pears classified as ``summer/fall'', ``winter'',
and ``other'', as follows: $0.366, $0.501, and $0.000, respectively.
Fresh ``summer/fall'' pear shipments for 2005-2006 are estimated at
3,688,600 standard boxes, which should provide $1,350,028 in ``summer/
fall'' pear assessment income. Fresh ``winter'' pear shipments for
2005-2006 are estimated at 15,160,000 standard boxes, which should
provide $7,595,160 in ``winter'' pear assessment income. This results
in a combined total assessment income of $8,945,188 for the 2005-2006
fiscal period.
Income derived from handler assessments ($8,945,188), interest and
miscellaneous income ($41,000), and reserve funds ($431,546) would be
adequate to cover budgeted expenses. Reserve funds, estimated at
$430,516 at the end of the 2005-2006 fiscal period, would be kept
within the maximum permitted by the order of approximately one fiscal
period's expenses (Sec. 927.42).
The PPC met on July 22, 2005, and unanimously recommended 2005-2006
expenditures of $875,980. In addition, the Committee unanimously
recommended three base rates of assessment per ton for any or all
varieties or subvarieties of pears for processing classified as
``summer/fall'', ``winter'', and ``other'', as follows: $6.25, $0.00,
and $0.00, respectively. The ``summer/fall'' assessment applies only to
pears for canning. Shipments of ``summer/fall'' pears for canning for
2005-2006 are estimated at 140,000 tons, which should provide $875,000
in ``summer/fall'' pear assessment income.
Because this is the first time pears for processing would be
regulated, there is no beginning reserve balance. Income derived from
handler assessments ($875,000), along with interest income ($2,000)
would be adequate to cover budgeted expenses. Reserve funds, estimated
at $1,020 at the end of the 2005-2006 fiscal period, would be kept
within the maximum permitted by the order of approximately one fiscal
period's expenses (Sec. 927.42).
Prior to arriving at these budgets, the FPC and the PPC considered
information and proposals from the Pear Research Subcommittee, Pear
Bureau Northwest, and the Pacific Northwest Canned Pear Service.
Alternative expenditure levels were discussed regarding the relative
value of research and promotion to the pear industry. The recommended
assessment rate for fresh ``summer/fall'' pears was derived by the FPC
by allocating $0.300 for paid advertising, $0.031 for production
research and market development, and $0.035 for administrative
expenses. Similarly, the assessment rate for ``winter'' pears was
derived by allocating $0.400 for paid advertising, $0.031 for
production research and market development, and $0.070 for
administrative expenses. The FPC recommended a $0.00 assessment rate
for all ``other'' pears not included under the classification of
``summer/fall'' or ``winter'' pears. The recommended assessment rate
for ``summer/fall'' pears was derived by the PPC for canning by
allocating $5.00 for paid advertising, $1.00 for production research
and market development, and $0.25 for administrative expenses. The PPC
recommended a $0.00 assessment rate for the ``winter'' pears for
processing and all ``other'' pears for processing.
A review of historical information and preliminary information
pertaining to the upcoming fiscal period indicates that the grower
price for the 2005-2006 season could range between $256 and $356 per
ton of pears. The highest estimated revenue would be the assessment on
fresh market ``winter'' pears at $22.77 per ton. Therefore, the highest
estimated assessment revenue for the 2005-2006 fiscal period as a
percentage of total grower revenue could range between 6.4 and 8.9
percent.
As a result of amendments to the order on May 21, 2005 (70 FR
29388), the Committees also unanimously recommended conforming changes
to the order's handling and reporting requirements to reflect the
combinations of the two orders into one and to reflect current pear
industry operating practices under the marketing order. The conforming
changes include removing language regarding a marketing agreement,
exemption certificates, shipments to designated storages, and the
reserve fund. Further, conforming changes would replace the name of the
Winter Pear Control Committee with that of the FPC or the PPC where
appropriate. There would also make conforming changes to the reports
required under the order for the FPC and the PPC that were previously
required under the Winter Pear Control Committee and the Northwest
Fresh Bartlett Marketing Committee. These conforming changes would have
a minimal impact on the small entities of growers and handlers in
Oregon and Washington. There are no viable alternatives to these
proposed conforming changes.
In addition, while assessments impose some additional costs on
[[Page 73170]]
handlers, the costs are minimal and uniform on all handlers. Some of
the additional costs may be passed on to growers. However, these costs
would be offset by the benefits derived by the operation of the
marketing order. In addition, the Committees' meetings were widely
publicized throughout the Oregon and Washington pear industry and all
interested persons were invited to attend the meetings and participate
in the Committees' deliberations on all issues. Like all committee
meetings, the July 15, 2005, and the July 22, 2005, meetings were
public meetings and all entities, both large and small, were able to
express views on these issues. Finally, interested persons are invited
to submit information on the regulatory and informational impacts of
these actions on small businesses.
This proposed rule would impose no additional reporting or
recordkeeping requirements on either small or large Oregon and
Washington pear handlers. As with all Federal marketing order programs,
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.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/fv/moab.html.
Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
A 30-day comment period is provided to allow interested persons to
respond to this proposed rule. Thirty days is deemed appropriate
because: (1) The 2005-2006 fiscal period began on July 1, 2005, and the
marketing order requires that the rates of assessment for each fiscal
period apply to all assessable pears handled during such fiscal period;
(2) the Committees need to have sufficient funds to pay for the
expenses which are incurred on a continuous basis; (3) handlers are
aware of these actions which were unanimously recommended by the
Committees at public meetings and are similar to other assessment rate
actions issued in past years; and (4) any conforming changes to the
handling and reporting requirements made as result of the proposed rule
should be implemented as quickly as possible to assure program
continuity.
List of Subjects in 7 CFR Part 927
Marketing agreements, Pears, Reporting and recordkeeping
requirements.
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. Subpart--Control Committee Rules and Regulations is revised to
read as follows:
Subpart--Rules and Regulations
3. In Sec. 927.100, the words ``agreement and'' are removed.
Sec. 927.101 [Removed and Reserved]
4. Section 927.101 is removed and reserved.
5. Section 927.102 is revised to read as follows:
Sec. 927.102 Order.
Order means Marketing Order No. 927, as amended (Sec. Sec. 927.1
to 927.81), regulating the handling of pears grown in the States of
Oregon and Washington.
6. Section 927.105 is revised to read as follows:
Sec. 927.105 Communications.
Unless otherwise prescribed in this subpart or in the order, or
required by the Fresh Pear Committee or the Processed Pear Committee,
all reports, applications, submittals, requests, inspection
certificates, and communications in connection with the order shall be
forwarded to: Fresh Pear Committee, 4382 SE International Way, Suite A,
Milwaukie OR 97222-4635 and or the Processed Pear Committee, 105 South
18th Street, Suite 205, Yakima, WA 98901.
Sec. Sec. 927.110, 927.110a, 927.111, 927.112, 927.113 and
927.114 [Amended]
7. The undesignated center heading ``Exemption Certificates'', and
Sec. Sec. 927.110, 927.110a, 927.111, 927.112, 927.113, and 927.114
are removed.
Sec. 927.120 [Amended]
8. In Sec. 927.120, the words ``Control Committee'' are removed
and the words ``Fresh Pear Committee'' are added in their place.
Sec. 927.121 [Amended]
9. In Sec. 927.121, the words ``marketing agreement and'' are
removed.
Sec. 927.122 [Removed and Reserved]
10. Section 927.122 is removed and reserved.
Sec. 927.123 [Amended]
11. In Sec. 927.123, the words ``Control Committee'' are removed
and the words ``Fresh Pear Committee or Processed Pear Committee'' are
added in their place.
12. Section 927.125 is revised to read as follows:
Sec. 927.125 Fresh pear reports.
(a) Each handler shall furnish to the Fresh Pear Committee, as of
every other Friday or at such other times established by the Fresh Pear
Committee, a ``Handler's Statement of Fresh Pear Shipments'' containing
the following information:
(1) The quantity of each variety or subvariety of fresh pears
shipped by that handler during the preceding two weeks;
(2) The assessment payment due and enclosed;
(3) The date of each shipment;
(4) The ultimate destination by city and state or city and country;
(5) The name and address of such handler; and
(6) Other information as may be requested by the Fresh Pear
Committee.
(b) Each handler shall furnish to the Fresh Pear Committee, each
Friday during the shipping season or at such other times established by
the Fresh Pear Committee, a ``Handler's Packout Report'' containing the
following information:
(1) The projected total quantity of the packout of each variety or
subvariety;
(2) The quantity to date of the packout of each variety or
subvariety;
(3) The quantity of each variety or subvariety loose in storage;
(4) The quantity of the packout in controlled atmosphere (C.A.)
storage and the quantity in C.A. storage which is sold;
(5) The quantity of each variety or subvariety shipped;
(6) The name and address of such handler; and
(7) Other information as may be requested by the Fresh Pear
Committee.
(c) Each handler shall furnish to the Fresh Pear Committee, upon
request, the ``Pear Size and Grade Storage Report'' containing the
quantity of specific grades and sizes of fresh pears in regular and
C.A. storage by variety or subvariety, and such other information as
may be requested from the Fresh Pear Committee for the time period
specified.
(d) Each handler who has shipped less than 2,500 44-pound net
weight standard boxes or container equivalents
[[Page 73171]]
of fresh pears during any reporting period of the shipping season may,
in lieu of reporting as provided in (a) and (b) of this section, report
as follows:
(1) At completion of harvest, on the next reporting date, furnish
to the Fresh Pear Committee a ``Handlers Packout Report'';
(2) After unreported shipments total 2,500 44-pound net weight
standard boxes or container equivalents of fresh pears, furnish to the
Fresh Pear Committee a ``Handler's Statement of Fresh Pear Shipments''
and a ``Handler's Packout Report'' on the next reporting date;
(3) After completion of all shipments from regular storage (i.e.
non-C.A. storage), furnish to the Fresh Pear Committee a ``Handler's
Statement of Fresh Pear Shipments'' and a ``Handler's Packout Report''
on the next reporting date;
(4) At mid-season for C.A. storage, at a date established by the
Fresh Pear Committee, furnish to the Fresh Pear Committee a ``Handler's
Statement of Fresh Pear Shipments'', and a ``Handler's Packout
Report''; and
(5) At the completion of all seasonal pear shipments, furnish to
the Fresh Pear Committee a ``Handler's Statement of Fresh Pear
Shipments'' and a ``Handler's Packout Report'', on the next reporting
date. Each of these reports shall be marked ``final report'' and
include an explanation of the actual shipments versus the original
estimate, if different.
(f) Each handler shall specify on each bill of lading covering each
shipment, the variety or subvariety and quantity of all pears included
in that shipment.
13. A new Sec. 927.126 is added to read as follows:
Sec. 927.126 Processed pear reports.
(a) Each handler shall furnish to the Processed Pear Committee
annually on a date established by the Processed Pear Committee the
``Processed Pear Assessment Report'' containing the following
information:
(1) The name of the processor(s) or firm(s) to whom pears were
sold;
(2) The quantity of each variety or subvariety of pears shipped by
that handler;
(3) The crop year covered in the report;
(4) The assessment payment due and enclosed;
(5) The name and address of such handler; and
(6) Other information as may be requested by the Processed Pear
Committee.
(b) Each handler shall specify on each bill of lading covering each
shipment, the variety or subvariety and quantity of all pears included
in that shipment.
Sec. 927.142 [Removed and Reserved]
14. Section 927.142 is removed and reserved.
15. Section 927.236 is revised to read as follows:
Sec. 927.236 Fresh pear assessment rate.
On and after July 1, 2005, the following base rates of assessment
for fresh pears are established for the Fresh Pear Committee:
(a) $0.366 per 44-pound net weight standard box or container
equivalent for any or all varieties or subvarieties of fresh pears
classified as ``summer/fall'';
(b) $0.501 per 44-pound net weight standard box or container
equivalent for any or all varieties or subvarieties of fresh pears
classified as ``winter''; and
(c) $0.000 per 44-pound net weight standard box or container
equivalent for any or all varieties or subvarieties of fresh pears
classified as ``other''.
16. A new Sec. 927.237 is added to read as follows:
Sec. 927.237 Processed pear assessment rate.
On and after July 1, 2005, the following base rates of assessment
for pears for processing are established for the Processed Pear
Committee:
(a) $6.25 per ton for any or all varieties or subvarieties of pears
for canning classified as ``summer/fall'', excluding pears for other
methods of processing;
(b) $0.00 per ton for any or all varieties or subvarieties of pears
for processing classified as ``winter''; and
(c) $0.00 per ton for any or all varieties or subvarieties of pears
for processing classified as ``other''.
17. Section 927.316 is revised to read as follows:
Sec. 927.316 Handling regulation.
During the period August 15 through November 1, no person shall
handle any fresh Beurre D'Anjou variety of pears for shipments to North
America (Continental United States, Mexico, or Canada), unless such
pears meet the following requirements:
(a) Fresh Beurre D'Anjou variety of pears 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. The handler shall submit,
or cause to be submitted, a copy of the certificate issued on the
shipment to the Fresh Pear Committee.
(b) Each handler may ship on any one conveyance 8,800 pounds or
less of fresh Beurre D'Anjou variety of pears without regard to the
quality and inspection requirements in paragraph (a) of this section.
Dated: December 5, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-23819 Filed 12-8-05; 8:45 am]
BILLING CODE 3410-02-P