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Rules and Regulations
Federal Register Vol. 86, No. 55
Wednesday, March 24, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 927
Doc. No. AMSSC200063; SC209271
FR

Pears Grown in Oregon and Washington; Modification of the Handling Regulation Agricultural Marketing Service, USDA.
ACTION: Final rule.
AGENCY:

This final rule modifies the handling regulation prescribed under the Federal marketing order regulating the handling of pears grown in Oregon and Washington.
DATES: Effective April 23, 2021.
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 3262724 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 202500237; Telephone: 202 720
2491, or email: Richard.Lower@
usda.gov.
SUMMARY:

This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR
900.2j. This 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
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SUPPLEMENTARY INFORMATION:

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Agreement Act of 1937, as amended 7
U.S.C. 601674, hereinafter referred to as the Act. The Fresh Pear Committee Committee locally administers the Order and is comprised of growers and handlers of pears operating within Oregon and Washington, and a public member.
The Department of Agriculture USDA is issuing this final 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.
This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This final 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 608c15A of the Act, any handler subject to a marketing 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. A 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 USDAs ruling on the petition, provided an action is filed no later than 20 days after the date of the entry of the ruling.
This final rule modifies the handling regulation prescribed under the marketing order for pears grown in Oregon and Washington. This action decreases from 14 pounds to 13 pounds, the maximum acceptable pressure for early season Beurre DAnjou 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 remains at 14 pounds. In addition, this action removes 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.

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Section 927.51 authorizes 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 regulations established under the authority of 927.51. Section 927.316 sets forth the handling requirements for fresh Anjou pears.
At its May 26, 2020, meeting, the Committee recommended modification of the handling regulation for the 2021
2022 and subsequent fiscal periods. The Committees recommendation was not unanimous but met the requirements of 927.52 for recommendations to modify the Orders 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. 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 represented very little, if any, Anjou production.
The Committee 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
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