[Federal Register Volume 59, Number 114 (Wednesday, June 15, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-14586] [[Page Unknown]] [Federal Register: June 15, 1994] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 922 [Docket No. FV94-922-11FR] Apricots Grown in Designated Counties in Washington; Revision in Container Regulations AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim final rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This rule revises container regulations for apricots shipped to fresh market outlets under Marketing Order No. 922. This rule gives handlers greater flexibility in selecting containers to meet their packaging needs by eliminating the inside dimension requirements on each type of container that has a minimum apricot net weight requirement. The rule eliminates reference to the obsolete lidded four- basket crate, and replaces the term ``closed L.A. lugs and equivalent cartons'' with the term ``closed containers'' to simplify wording and improve clarity. This rule also includes a correction to the container regulations which had previously appeared in the Federal Register as a final rule, but did not appear in the annual Code of Federal Regulations. DATES: This interim final rule becomes effective: June 15, 1994. Comments which are received by July 15, 1994, will be considered prior to any finalization of the interim final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent in triplicate to the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S, P.O. Box 96456, Washington, DC 20090-6456 or by FAX at (202) 720-5698. All comments should reference the docket number and the date and page number of this issue of the Federal Register and will be made available for public inspection in the Office of the Docket Clerk during regular business hours. FOR FURTHER INFORMATION CONTACT: Mark J. Kreaggor, Marketing Order Administration Branch, Fruit and Vegetable Division, Agricultural Marketing Service, U.S. Department of Agriculture, room 2523-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202) 720-5127; or Teresa Hutchinson, Northwest Marketing Field Office, Fruit and Vegetable Division, AMS, USDA, 1220 SW. Third Avenue, room 369, Portland, OR 97204; telephone: (503) 326-2724. SUPPLEMENTARY INFORMATION: This interim final rule is issued under Marketing Order No. 922 [7 CFR part 922], regulating the handling of apricots grown in designated counties in 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 (Department) is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12778, Civil Justice Reform. This rule is not intended to have retroactive effect. 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 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 request 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 will 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 a principal place of business, has jurisdiction in equity to review the Secretary's ruling on the petition, provided a bill in equity is filed not later than 20 days after the date of the entry of the ruling. Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Administrator of the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. 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 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 55 handlers of Washington apricots that are subject to regulation under the marketing order. In addition, there are approximately 400 producers in the regulated area. Small agricultural service firms, which include producers of Washington apricots, have been defined by the Small Business Administration [13 CFR 121.601] as those whose annual receipts are less than $3,500,000, and small agricultural producers are defined as those whose annual receipts are less than $500,000. A majority of these handlers and producers may be classified as small entities. Section 922.52 [7 CFR 922.52] authorizes the issuance of regulations for grade, size, quality, maturity, pack, markings, and container for any variety or varieties of apricots grown in any district or districts of the production area. Section 922.53 [7 CFR 922.53] authorizes the modification, suspension, or termination of regulations issued under section 922.52. Container regulations are currently in effect under section 922.306. This rule eliminates references to inside dimensions for each type of container that has a minimum apricot net weight requirement. This rule also removes references to the obsolete lidded four-basket crate and replaces the term ``closed L.A. lugs and equivalent cartons'' with the term ``closed containers.'' This rule was recommended by the Washington Apricot Marketing Committee (committee), which works with the Department in administering the marketing order. The committee met on December 15, 1993, and unanimously recommended elimination of inside dimension requirements for each type of container that has a minimum apricot net weight requirement. The committee also unanimously recommended deleting reference in the container regulation to the lidded four-basket crate, and that the term ``closed L.A. lugs and equivalent cartons'' be replaced with the term ``closed containers.'' Handlers have experienced difficulty in packing many of the new, larger varieties of apricots, particularly in row-faced and tray-packed containers because of the inside dimension requirements in effect. Container height limits, for example, can cause a higher incidence of compression damage in large apricots that are row-faced or tray-packed. In addition, the inside dimension requirements have prevented handlers from using many generic containers used in other fruit and vegetable industries. This rule deletes references to designated container dimensions for each type of container that has a minimum apricot net weight requirement. The committee believes that continued standardization of the minimum net weight requirements of the authorized containers is needed to prevent market confusion resulting from the use of deceptive containers. This rule will allow handlers greater flexibility in packaging. By allowing different container dimensions, as long as the minimum weight requirements are met, handlers will have the flexibility to use containers commonly used in other fruit and vegetable industries, to use different containers for different varieties of apricots, and to develop new containers. This rule will remove authority for the use of the obsolete lidded four-basket crate. The rule will also remove reference in the regulation to the term ``closed L.A. lugs and equivalent cartons'' replacing it with the term, ``closed containers.'' This change is intended only to simplify wording and improve clarity. This rule also corrects the container regulations in the Code of Federal Regulations for Apricots Grown in Designated Counties in Washington [7 CFR Part 922]. Changes to the container requirements appeared in the Federal Register [44 FR 37598, June 28, 1979] [Apricot Regulation 6, Amendment 4], but did not correspondingly appear in the annual Code of Federal Regulations. Based on the above information, the Administrator of the AMS has determined that this interim final rule will not have a significant impact on a substantial number of small entities and that the action set forth herein will benefit producers and handlers of apricots grown in designated counties in Washington State. After consideration of all available information, it is found that the revision of the container regulations, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined, upon good cause, that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect, and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) The 1993-94 marketing year begins June 1, 1994, and the container regulations established herein should apply to all apricots produced in the production area and need to be in place before the beginning of the marketing year; (2) handlers are aware of this rule, which was recommended at an open committee meeting, and need no additional time to comply with these regulations which are a relaxation; and (3) the rule provides a 30-day comment period, and any comments timely received will be considered prior to finalization of this interim final rule. List of Subjects in 7 CFR Part 922 Apricots, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 922 is amended as follows: PART 922--APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON 1. The authority citation for 7 CFR part 922 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Section 922.306 is revised to read as follows: Sec. 922.306 Apricot Regulation 6. (a) No handler shall handle any apricots unless such apricots are: (1) In open containers or telescope fiberboard cartons and the net weight of the apricots is not less than 28 pounds; or (2) In closed containers containing not less than 14 pounds, net weight, of apricots: Provided, That when the apricots are packed in such containers they are row-faced or tray-packed; or (3) In closed containers that are marked ``12 pounds net weight'' and contain not less than 12 pounds, net weight, of apricots which are of random size and are not row-faced; or (4) In closed containers in which the apricots are row-faced or tray-packed: Provided, That apricots may be packed loose in such containers if a top pad is used and the net weight of the apricots therein is not less than 24 pounds; or (5) If exported to Canada, in any of the containers specified in this paragraph (a) or in containers having inside dimensions of 16\1/8\ x 11\1/2\ inches with 4\3/4\-inch end pieces and 3\3/4\-inch side pieces. (b) Notwithstanding any other provisions of this section, any individual shipment of apricots which, in the aggregate, does not exceed 500 pounds, net weight, may be handled without regard to the requirements specified in this section or in Secs. 922.41 or 922.55. (c) All apricots handled are also subject to all applicable grade, size, quality, maturity and pack regulations which are in effect pursuant to this part. (d) The terms ``handler'', ``handle'' and ``apricots'' shall have the same meaning as when used in the amended marketing agreement and order. Dated: June 9, 1994. Eric M. Forman, Deputy Director, Fruit and Vegetable Division. [FR Doc. 94-14586 Filed 6-14-94; 8:45 am] BILLING CODE 3410-02-P