Unknown. Final rule
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/register/2024/11/22/2024-27383·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2024-11-22.xml --- 89 226 Friday, November 22, 2024 Contents Agricultural Marketing Agricultural Marketing Service RULES Marketing Order: Pears Grown in Oregon and Washington, 92569-92571 2024-27383 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food Safety and Inspection Service See Natural Resources Conservation Service AIRFORCE Air Force Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 92662 2024-27402 Animal Animal and Plant Health Inspection Service NOTICES Veterinary Services User Fees; Correction, 92617-92618 2024-27520 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92665 2024-27403 Hearings, Meetings, Proceedings, etc.: Board of Visitors, United States Military Academy, 92664-92665 2024-27423 Performance Review Board Members, 92662-92664 2024-27459 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 92689-92691 2024-27358 2024-27359 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Indiana Advisory Committee, 92620-92621 2024-27437 Coast Guard Coast Guard RULES Safety Zone: Gulf of Mexico and South Bay, Boca Chica Beach, TX, 92571-92573 2024-27454 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;
Additions and Deletions, 92657 2024-27392 2024-27393 Council Inspectors Council of the Inspectors General on Integrity and Efficiency NOTICES Performance Review Board Members, 92658-92662 2024-27432 Defense Department Defense Department See Air Force Department See Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92665-92669 2024-27404 2024-27405 2024-27406 2024-27407 2024-27408 Education Department Education Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Student Assistance General Provisions—Subpart K—Cash Management, 92670 2024-27418 Hearings, Meetings, Proceedings, etc.: Presidential Advisory Commission on Advancing Educational Equity, Excellence, and Economic Opportunity for Black Americans, 92669-92670 2024-27425 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Change in Control: Rio Grande LNG, LLC, 92672-92673 2024-27416 Privacy Act; Systems of Records, 92670-92672 2024-27345 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: North Carolina; Second Period Regional Haze Plan, 92573-92600 2024-26980 Wisconsin; Nitrogen Oxide Emissions Control Requirements, 92600-92602 2024-26114 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Servicing of Motor Vehicle Air Conditioners, 92682 2024-27400 Toxic Substances Control Act Mercury Inventory Reporting, 92680-92681 2024-27396 Clean Air Act Operating Permit Program: Order on Petition for Objection to State Operating Permit for Warrick Newco LLC, 92682-92683 2024-27366 Environmental Impact Statements;
Availability, etc., 92681 2024-27419 Hearings, Meetings, Proceedings, etc.: Animal Agriculture and Water Quality Subcommittee, Subcommittee of the Farm, Ranch, and Rural Communities Committee, 92681-92682 2024-27424 Permits; Applications, Issuances, etc.: National Pollutant Discharge Elimination System Massachusetts Small Municipal Separate Storm Sewer System General Permit, 92683-92684 2024-27291 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:
The Boeing Company Airplanes, 92610-92614 2024-27327 2024-27330 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Automated Vacancy Information Access Tool for Online Referral Customer Satisfaction Survey; Correction, 92731 2024-27347 Unmanned Aircraft Systems BEYOND and Partnership for Safety Plan Programs, 92731-92733 2024-27415 Federal Communications Federal Communications Commission RULES Implementation of the National Suicide Hotline Act, 92606 C1-2024-25912 Federal Energy Federal Energy Regulatory Commission NOTICES Application:
Eagle Creek Reusens Hydro, LLC, 92678-92679 2024-27355 Pacific Gas and Electric Co., 92673-92675 2024-27356 Scott's Mill Hydro, LLC, 92675-92676 2024-27354 Combined Filings, 92676-92678 2024-27448 2024-27451 Petition: SFPP, LP, 92679-92680 2024-27357 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92733 2024-27338 Federal Reserve Federal Reserve System NOTICES Change in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 92685 2024-27444 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 92684-92685 2024-27445 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 92685-92688 2024-27458 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Threatened Species Status for Pecos Pupfish and Designation of Critical Habitat, 92744-92785 2024-27127 Food and Drug Food and Drug Administration NOTICES Guidance: Orthopedic Non-Spinal Bone Plates, Screws, and Washers—Premarket Notification (510(k)) Submissions, 92691-92692 2024-27114 Food Safety Food Safety and Inspection Service PROPOSED RULES Hearings, Meetings, Proceedings, etc.:
Salmonella Framework for Raw Poultry Products, 92607-92608 2024-27280 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 92736-92737 2024-27435 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Acquisition Regulation; Electronic Data Interchange Information, 92689 2024-27397 Notarized Document Submittal for System for Award Management Registration, 92688-92689 2024-27428 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Uniform Data System, 92692-92694 2024-27394 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration See U.S. Customs and Border Protection NOTICES Charter Amendments, Establishments, Renewals and Terminations: Critical Infrastructure Partnership Advisory Council, 92699 2024-27340 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Personal Financial and Credit Statement, 92703-92704 2024-27412 Privacy Act; System of Records, 92700-92703 2024-27420 Regulatory Waiver Requests: Granted for the Second Quarter of Calendar Year 2024, 92704-92711 2024-27381 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Coquille Indian Tribe Fee-to-Trust and Gaming Facility Project, City of Medford, Jackson County, OR, 92712-92713 2024-27409 Koi Nation of Northern California's Proposed Shiloh Resort and Casino Project, Sonoma County, CA, 92713 2024-27430 Helping Expedite and Advance Responsible Tribal Homeownership Act:
Approval of Bay Mills Indian Community, Michigan, Leasing Ordinance, 92711-92712 2024-27401 Indian Health Indian Health Service NOTICES Purchased/Referred Care Delivery Area Redesignation: Pokagon Band of Potawatomi Indians of Michigan and Indiana, 92694-92695 2024-27457 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Proposed Conflict of Interest Disclosure Policy, 92714-92716 2024-27421 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Aluminum Lithographic Printing Plates from Japan and the People's Republic of China, 92624-92627 2024-27426 Certain Quartz Surface Products from the People's Republic of China, 92622-92624 2024-27362 Citric Acid and Certain Citrate Salts from Colombia, 92621-92622 2024-27449 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Epoxy Resins from China, India, South Korea, Taiwan, and Thailand, 92719-92720 2024-27361 Complaint, 92718-92719 2024-27375 Investigations;
Determinations, Modifications, and Rulings, etc.: Aluminum Extrusions from China, Colombia, Ecuador, India, Indonesia, Italy, Malaysia, Mexico, South Korea, Taiwan, Thailand, Turkey, United Arab Emirates, and Vietnam, 92720-92721 2024-27376 Certain Active Matrix Organic Light-Emitting Diode Display Panels and Modules for Mobile Devices, and Components Thereof, 92721-92722 2024-27360 Certain Chocolate Milk Powder and Packaging Thereof, 92722-92724 2024-27374 Land Land Management Bureau RULES Waste Prevention, Production Subject to Royalties, and Resource Conservation, 92602-92606 2024-27333 NOTICES Environmental Impact Statements;
Availability, etc.: Central Yukon Resource Management Plan, Alaska; Record of Decision, 92716-92717 2024-27443 Management Management and Budget Office NOTICES Request for Feedback: Draft Materials for Broadening Public Participation and Community Engagement with the Federal Government, 92724 2024-27341 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Automated Mutual Assistance Vessel Rescue System, 92733-92734 2024-27344 National Highway National Highway Traffic Safety Administration NOTICES Motor Vehicle Defect Petition;
Denial, 92734-92735 2024-27431 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Center for Scientific Review, 92695 2024-27364 National Institute of Allergy and Infectious Diseases, 92695-92697 2024-27363 2024-27365 2024-27433 2024-27434 National Oceanic National Oceanic and Atmospheric Administration NOTICES Hearings, Meetings, Proceedings, etc.: Fisheries of the Gulf of Mexico; Southeast Data, Assessment, and Review, 92656-92657 2024-27369 Marine and Coastal Area-Based Management Advisory Committee, 92644-92645 2024-27386 Mid-Atlantic Fishery Management Council, 92655-92656 2024-27371 Pacific Fishery Management Council, 92649 2024-27370 Taking or Importing of Marine Mammals:
Gary Paxton Industrial Park Vessel Haulout Project in Sitka, AK, 92627-92644 2024-27342 Pacific Gas and Electric Sediment Remediation Project, San Francisco Bay, 92649-92655 2024-27346 Skagway Ore Terminal Redevelopment Project, 92645-92649 2024-27442 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92724-92725 2024-27353 National Transportation National Transportation Safety Board NOTICES Meetings;
Sunshine Act, 92725 2024-27524 National Resources Natural Resources Conservation Service NOTICES Environmental Impact Statements; Availability, etc.: North Cache Valley Watershed Plan Project, Franklin County, ID, Cache County, UT, 92618-92620 2024-27417 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Risk-Informed, Technology-Inclusive Regulatory Framework for Advanced Reactors, 92609-92610 2024-26937 Postal Regulatory Postal Regulatory Commission PROPOSED RULES Periodic Reporting, 92614-92616 2024-27284 Securities Securities and Exchange Commission NOTICES Joint Industry Plan:
Certain Verbal Activity, Floor and Upstairs Activity, 92726-92729 2024-27352 Self-Regulatory Organizations; Proposed Rule Changes: Cboe Exchange, Inc., 92726 2024-27351 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 92729-92730 2024-27439 Disaster Declaration: Georgia, 92729 2024-27343 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Mariana:
Velazquez's Portrait of a Queen from the Museo Nacional del Prado, 92730 2024-27391 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Abandoned Mine Land Problem Area Description Form, 92717-92718 2024-27372 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Security Transportation Security Administration NOTICES Hearings, Meetings, Proceedings, etc.:
Aviation Security Advisory Committee, 92699-92700 2024-27441 Treasury Treasury Department See Foreign Assets Control Office Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Exportation of Articles under Special Bond, 92698 2024-27453 Entry of Articles for Exhibition, 92698-92699 2024-27452 Customs Broker Permit User Fee Payment for 2025, 92697 2024-27380 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: 35 Percent Exemption Request from 85/15 Reporting Requirement, 92739-92740 2024-27348 Survey of Healthcare Experiences of Patients—Dental Care Patient Satisfaction Survey, 92740-92741 2024-27455 Hearings, Meetings, Proceedings, etc.: Advisory Committee on U.S. Outlying Areas and Freely Associated States, 92737-92738 2024-27411 Veterans and Survivors Pension and Parents' Dependency and Indemnity Compensation Cost of Living Adjustments, 92738-92739 2024-27384 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 92744-92785 2024-27127 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 226 Friday, November 22, 2024 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 927 [Doc. No. AMS-SC-22-0079] Pears Grown in Oregon and Washington; Marketing Order Approval Requirement AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rulemaking amends Marketing Order No. 927, which regulates the handling of pears grown in Oregon and Washington. The amendment revises the Fresh Pear Committee's (Committee) approval requirement for recommending modifications to the marketing order's fresh pear handling regulations from 80 to 75 percent. DATES: This rule is effective December 23, 2024. FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing Specialist, or Matthew Pavone, Chief, Rulemaking Services Branch, Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, DC 20250-0237;
Telephone:
(202)720-8085, or Email: *Geronimo.Quinones@usda.gov* or *Matthew.Pavone@usda.gov.* Small businesses may request information on complying with this regulation by contacting Richard Lower, Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-8085, or Email: *Richard.Lower@usda.gov.* SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This final rule is issued under Marketing 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 Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Committee locally administers the Order and is comprised of growers and handlers of pears operating within the area of production. The Agricultural Marketing Service
(AMS)is issuing this final rule in conformance with Executive Orders 12866, 13563, and 14094. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 14094 reaffirms, supplements, and updates Executive Order 12866 and further directs agencies to solicit and consider input from a wide range of affected and interested parties through a variety of means. 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 13175—Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have Tribal implications. AMS has determined this final rule is unlikely to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule shall not be deemed to preclude, preempt, or supersede any State program covering pears grown in Oregon and Washington. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 8c(15)(A) of the Act (7 U.S.C. 608c(15)(A)), any handler subject to an order may file with the U.S. Department of Agriculture
(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 USDA's ruling on the petition, provided an action is filed no later than 20 days after the date of entry of the ruling. Section 1504 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) (Pub. L. 110-246) amended section 8c(17) of the Act, which in turn required the addition of supplemental rules of practice to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of section 8c(17) of the Act and the supplemental rules of practice authorize the use of informal rulemaking (5 U.S.C. 553) to amend Federal fruit, vegetable, and nut marketing agreements and orders. USDA may use informal rulemaking to amend marketing orders depending upon the nature and complexity of the proposed amendment, the potential regulatory and economic impacts on affected entities, and any other relevant matters. AMS has considered these factors and has determined that the amendment in this final rule is not unduly complex, and the nature of the amendment is appropriate for utilizing the informal rulemaking process to amend the Order. This final rule modifies the Committee's approval requirement for recommending modifications to the Order's fresh pear handling regulations from 80 to 75 percent. During the producer referendum, the amendment was favored by 99 percent of pear producers voting, who represented 99 percent of the volume of pears produced by those voting. A discussion of the potential regulatory and economic impacts on affected entities is discussed later in the “Final Regulatory Flexibility Analysis” section of this final rule. The amendment applies equally to all producers and handlers, regardless of size. The amendment also has no additional impact on the reporting, record-keeping, or compliance costs of small businesses. The Committee recommended this amendment to the Order following deliberations at a public meeting held on June 2, 2022. The Committee recommended this change by vote of nine in favor and two opposed, with one abstention. The two opposing voters did not feel the proposed change was necessary, and the abstention voter wanted an even lower voter approval requirement. The Committee submitted its formal recommendation to amend the Order through the informal rulemaking process on August 23, 2022, and subsequently provided AMS clarification about the recommendation on December 1, 2022. A proposed rule soliciting public comments on the proposed amendment published in the **Federal Register** on October 10, 2023 (88 FR 69888). AMS received one comment in support of the proposal. After reviewing the comment, AMS published a proposed rule and referendum order in the **Federal Register** on April 29, 2024 (89 FR 33288). The proposed rule and referendum order directed that a referendum among Oregon and Washington pear growers be conducted from May 13, 2024, through May 27, 2024, to determine whether they favored the proposal. To become effective, the amendment had to be approved by either two-thirds of the producers voting in the referendum or by those representing at least two-thirds of the volume of pears grown by those voting in the referendum. During the referendum, producers showed overwhelming support for the amendment. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 700 growers of fresh pears in the production area and 27 handlers subject to regulation under the Order. At the time this analysis was prepared, small agricultural producers of pears are defined by the Small Business Administration
(SBA)as those having annual receipts equal to or less than $3,500,000 (North American Industry Classification System code 111339, Other Non-citrus Fruit Farming), and small agricultural service firms are defined as those whose annual receipts are equal to or less than $34,000,000 (North American Industry Classification System Code 115114, Postharvest Crop Activities) (13 CFR 121.201). According to the National Agricultural Statistics Service (NASS), the 2024 average grower price received for fresh pears produced in Oregon and Washington was $28.13 per 44-pound standard box or equivalent. Committee data indicates total production was 14,857,887 44-pound standard boxes or equivalent in the 2022-23 fiscal period. The total 2022-23 fiscal period value of assessable fresh “summer/fall” and “winter” pears grown in Oregon and Washington was roughly $417,952,361 (14,857,887 44-pound standard boxes or equivalent multiplied by $28.13 per box equals $417,952,361). Dividing the crop value by the estimated number of growers (700), yields an estimated average receipt per grower of roughly $597,075. According to USDA Market News data, the reported average terminal price for 2024 Oregon and Washington fresh pears are roughly $39.24 per 44-pound standard box or equivalent (data reported in 4/5 bushel). Multiplying the Committee-reported 2022-23 Oregon and Washington total production of 14,857,887 44-pound standard boxes or equivalent by the estimated average price per box or equivalent of $39.24 equals roughly $583,023,486. Dividing this figure by 27 regulated handlers yields estimated average annual handler receipts of roughly $21,593,462. Using the above data, the majority of growers and handlers of Oregon and Washington fresh pears may be classified as small entities. AMS has determined that the amendment, as effectuated by this final rule, will not have a significant impact on a substantial number of small businesses. Rather, large and small entities alike would be expected to benefit from the Board's improved ability to address important issues of interest to all on a timely basis. No small businesses are unduly or disproportionately burdened. This final rule revises a provision in the Order's subpart regulating handling of pears grown in Oregon and Washington. This change aligns the approval requirement for recommending modifications to the Order's fresh pear handling regulations, with all other Committee voting requirements within the Order. The revised voting requirements will result in less confusion for some Committee members, which can disrupt Committee operations. The Committee considered the benefits and costs of maintaining the status quo as an alternative to this action. However, the Committee believes it is necessary to bring all voting requirements in-line for clarity and understanding to ensure the efficient execution of the Order. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0189, Fruit Crops. No changes in those requirements are necessary because of this action. Should any changes become necessary, they would be submitted to OMB for approval. This final rule does not impose additional reporting or recordkeeping requirements on either small or large 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. AMS is committed to complying with the E-Government Act, to promote the use of the internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this action. The Committee's meetings are widely publicized throughout the pear production area. All interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the meeting held on June 2, 2022, was open to the public, and all entities, both large and small, were encouraged to express their views on the proposed amendment. A proposed rule concerning this action published in the **Federal Register** on October 10, 2023 (88 FR 69888). A copy of the rule was sent via email to Committee staff for distribution to all Committee members and Oregon and Washington pear growers and handlers. The proposed rule was also made available by USDA through the internet and the Office of the Federal Register. A 60-day comment period ending December 11, 2023, was provided to allow interested persons an opportunity to respond to the proposal. AMS received one comment in support of the proposed amendment during the comment period. Based on all the information available to AMS, including the comment received in response to the proposed rule, no substantive changes were made to the amendment as proposed. A proposed rule and referendum order was then published on April 29, 2024 (89 FR 33288). That document directed that a referendum among Oregon and Washington pear producers be conducted from May 13, 2024, through May 27, 2024, to determine whether they favored the proposal. To become effective, the amendment had to be approved by either two-thirds of the producers voting in the referendum or by those representing at least two-thirds of the volume of pears grown by those voting in the referendum. The referendum results show the amendment was supported by 99 percent of producers voting, who represented 99 percent of the volume of pears produced by those voting. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *https://www.ams.usda.gov/rules-regulations/moa/small-businesses.* Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. Order Amending the Order Regulating the Handling of Pears Grown in Oregon and Washington 1 1 This order shall not become effective unless and until the requirements of § 900.14 of the rules of practice and procedure governing proceedings to formulate marketing agreements and marketing orders have been met. Findings and Determinations The findings and determinations hereinafter set forth are supplementary to the findings and determinations which were previously made in connection with the issuance of Marketing Order 927; and all said previous findings and determinations are hereby ratified and affirmed, except insofar as such findings and determinations may be in conflict with the findings and determinations set forth herein. 1. Marketing Order 927 as amended, and as hereby amended and all the terms and conditions thereof, will tend to effectuate the declared policy of the Act; 2. Marketing Order 927 as amended, and as hereby amended regulates the handling of pears grown in Oregon and Washington and is applicable only to persons in the respective classes of commercial and industrial activity specified in the Order; 3. Marketing Order 927 as amended, and as hereby amended is limited in application to the smallest regional production area, which is practicable, consistent with carrying out the declared policy of the Act, and the issuance of several marketing orders applicable to subdivisions of the production area would not effectively carry out the declared policy of the Act; 4. Marketing Order 927 as amended, and as hereby amended prescribes, insofar as practicable, such different terms applicable to different parts of the production area as are necessary to give due recognition to the differences in the production and marketing of pears produced or packed in the production area; and 5. All handling of pears grown or handled in the production area, as defined in Marketing Order 927 is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce. *(b) Determinations.* It is hereby determined that: 1. The issuance of this amendatory Order, amending the aforesaid Order, is favored or approved by producers representing at least two-thirds of the volume of pears produced by those voting in a referendum on the question of approval and who, during the period of July 1, 2022, through June 30, 2023, were engaged within the production area in the production of such pears. 2. The issuance of this amendatory Order advances the interests of producers of pears in the production area pursuant to the declared policy of the Act. Order Relative to Handling It is therefore ordered, that on and after the effective date hereof, all handling of pears grown in Oregon and Washington shall be in conformity to, and in compliance with, the terms and conditions of the said Order as hereby proposed to be amended as follows: The provisions of the proposed marketing order amending the Order contained in the proposed rule issued by the Administrator and published in the **Federal Register** (88 FR 69888) on October 10, 2023, will be and are the terms and provisions of this order amending the Order and are set forth in full herein. List of Subjects in 7 CFR Part 927 Marketing agreements, Pears, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the AMS proposes to amend 7 CFR part 927 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. Amend § 927.52 by revising paragraph
(a)to read as follows: § 927.52 Prerequisites to recommendations.
(a)Decisions of the Fresh Pear Committee or the Processed Pear Committee with respect to any recommendations to the Secretary pursuant to the establishment or modification of a supplemental rate of assessment for an individual variety or subvariety of pears shall be made by affirmative vote of not less than 75 percent of the applicable total number of votes, computed in the manner described in paragraph
(b)of this section, of all members. Decisions of the Fresh Pear Committee pursuant to the provisions of § 927.50 shall be made by an affirmative vote of not less than 75 percent of the applicable total number of votes, computed in the manner prescribed in paragraph
(b)of this section, of all members. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024-27383 Filed 11-21-24; 8:45 am]
Connectionstraces to 8
Traces to 8 documents
6 references not yet in our index
- 7 CFR 927
- 7 CFR 900.2(j)
- 7 USC 601-674
- Pub. L. 110-246
- 7 CFR 900
- 5 USC 601-612
Citation graph
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Final rule
Cite7 CFR 927
Cite7 CFR 900.2(j)
Cite7 USC 601-674
Pub. L.Pub. L. 110-246
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