[Federal Register: December 14, 2007 (Volume 72, Number 240)]
[Rules and Regulations]
[Page 71055-71056]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14de07-1]
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Rules and Regulations
Federal Register
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[[Page 71055]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 923
[Docket No. AMS-FV-07-0018; FV07-923-610 Review]
Sweet Cherries Grown in Designated Counties in Washington;
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 Order No. 923,
regulating the handling of sweet cherries grown in designated counties
in Washington. AMS has determined that the marketing order should be
continued.
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. A copy of the
review may also be obtained via the Internet at: http://www.regulations.gov
.
FOR FURTHER INFORMATION CONTACT: Robert Curry or Gary D. Olson,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue,
suite 385, Portland, Oregon 97204; Telephone: (503) 326-2724; Fax:
(503) 326-7440; or E-mail:
Robert.Curry@usda.gov or GaryD.Olson@usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Order No. 923, as amended (7 CFR
part 923), regulates the handling of sweet cherries grown in designated
counties in Washington State 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 order establishes the Washington Cherry Marketing Committee
(Committee) which is comprised of sixteen members and sixteen alternate
members selected by the Department of Agriculture (USDA). Ten of the
members and their respective alternates are growers of sweet cherries
and six of the members and their respective alternates are handlers. As
the industry is divided into two districts, five growers and three
handlers and their respective alternates from each district are
represented on the Committee. Committee members and alternate members
serve for two years beginning on April 1 and ending on March 31. The
terms are staggered so that half of the members are selected annually.
Committee members may serve for a maximum of three consecutive two-year
terms.
The Committee is responsible for local administration of the order,
including recommending the implementation of regulatory actions and
activities to USDA, collecting and distributing industry statistics,
and ensuring compliance with the various provisions of the order. The
Committee recommends amendments to the order when needed to further
industry objectives. Activities of the Committee are funded by
assessments collected from handlers on a per ton basis for all
production area cherries sold into the fresh market. USDA must approve
recommendations by the Committee before they can be implemented.
Currently, there are approximately 1,500 growers and 53 handlers of
Washington sweet cherries in the regulated production area. The
majority of these growers and handlers may be classified as small
entities. The regulations implemented under the order are applied
uniformly to small and large entities, and are designed to benefit all
industry entities regardless of size.
A plan to review certain regulations--including Marketing Order No.
923--was published in the Federal Register on February 18, 1999 (64 FR
8014), under criteria contained in section 610 of the RFA (5 U.S.C.
601-612). Updated plans were published in the Federal Register on
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of
review and request for written comments on the Washington sweet cherry
marketing order in the June 20, 2007, issue of the Federal Register (72
FR 33918). The deadline for comments ended August 20, 2007. Two
comments were received via the regulations.gov Web site. Both comments
were not related to the Washington sweet cherry marketing order nor the
published request for comments specific to the section 610 review, and
thus were not considered.
The review was undertaken to determine whether the order should be
continued without being changed, amended, or rescinded to minimize the
impacts on small entities. In conducting this review, AMS considered
the following factors: (1) The continued need for the order; (2) the
nature of complaints or comments received from the public concerning
the order; (3) the complexity of the order; (4) the extent to which the
order overlaps, duplicates, or conflicts with other Federal rules, and,
to the extent feasible, with State and local governmental rules; and
(5) the length of time since the order has been evaluated or the degree
to which technology, economic conditions, or other factors have changed
in the area affected by the order.
The order authorizes the issuance of regulations to limit the
shipment of any particular grade, size, quality, maturity or pack of
sweet cherries grown in the production area. Regulations may also be
issued that fix the size, capacity, weight, dimensions, markings, or
pack of the containers used in the packaging or handling of cherries.
The order also authorizes the Committee to establish marketing research
and development projects designed to assist, improve, or promote the
marketing, distribution, and consumption of cherries. Finally, the
order authorizes collection and dissemination of information for the
benefit of the industry.
Current handling regulations issued under the order's authority
include minimum grade, size, maturity and pack
[[Page 71056]]
regulations, as well as mandatory inspection of the product to ensure
that it meets these minimum requirements. These regulations have helped
ensure that quality product reaches the consumer, and have thus helped
increase and maintain demand for Washington sweet cherries over the
past five decades. The compilation and dissemination of statistical
information undertaken by the Committee has helped producers and
handlers make production and marketing decisions. Funds to administer
the order are obtained from assessments levied against all product
handled under the order.
Regarding complaints or comments received from the public
concerning the order, AMS did not receive any complaints or comments
specific to the order in response to the notice of review and request
for comments published on June 20, 2007 (72 FR 33918).
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 Committee and AMS before any program changes are implemented.
In considering the order's complexity, AMS has determined that the
order is not unduly complex.
During the review, the order was also checked for duplication and
overlap with other regulations. Except as discussed herein, AMS did not
identify any relevant Federal rules, or State and local regulations
that duplicate, overlap, or conflict with the order. There is a
Washington State commission covering specified tree fruits, including
sweet cherries. However, this program--the Washington State Fruit
Commission (Commission)--is market-oriented and none of its programs
are duplicated by the Federal order. Among other activities, the
Commission currently conducts marketing research and development
projects, which are authorized--but not currently conducted--under the
Federal order.
The order was established in June 1957. During the 50 years the
order has been in effect, AMS and the Washington sweet cherry industry
have continuously monitored its operations. Changes in regulations have
been implemented to reflect current industry operating practices, and
to solve marketing problems as they occur. The goal of periodic
evaluations is to assure that the order and the regulations implemented
under it fit the needs of the industry and are consistent with the Act.
The Committee meets once or twice a year to discuss the order 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 made numerous times over the
years to address industry operation changes and to improve program
administration. In addition, in 2001, and again in 2005, the Committee
made several recommendations to improve quality regulations and program
operations through two separate formal amendments of the order. These
formal amendment proceedings resulted in several changes being made to
the order, including: Increasing the size of the production area to
include all of Washington State east of the Cascade Mountain Range;
allowing grading and packing of Washington cherries outside the
production area; increasing Committee representation by adding a
handler member; providing for late payment and interest charges on
delinquent assessments; authorizing the establishment of container
marking requirements; adding authority for the Committee to accept
voluntary contributions for research and promotion; establishing tenure
requirements for Committee members; and adding a requirement that
continuance referenda be held every 6 years.
Based on the potential benefits of the order to producers,
handlers, and consumers, AMS has determined that the Washington sweet
cherry marketing order should be continued. The order was established
to help the industry work with USDA to solve marketing problems. The
order's regulations on grade, size, quality, maturity, and pack
continue to be beneficial to producers, handlers, and consumers. AMS
will continue to work with the Washington sweet cherry industry in
maintaining an effective marketing order program.
Dated: December 10, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-24203 Filed 12-13-07; 8:45 am]
BILLING CODE 3410-02-P