[Federal Register: February 18, 2000 (Volume 65, Number 34)]
[Proposed Rules]
[Page 8313-8318]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe00-18]
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[[Page 8313]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 928
[Docket No. FV00-928-1 PR]
Papayas Grown in Hawaii; Removal of Suspension Regarding Grade,
Inspection, and Related Reporting Requirements and Notice of Request
for Revision of a Currently Approved Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule invites comments on removing the suspension of
grade, inspection, inspection waiver procedure, and related exempt
shipment reporting requirements under the marketing order regulating
papayas grown in Hawaii. These requirements were suspended in July of
1994 because the industry was exploring alternative methods of quality
control to reduce costs. The alternative methods have not been as
successful as the industry had hoped. This rule also announces the
Agricultural Marketing Service's (AMS) intention to request a revision
to the currently approved information collection requirements issued
under the marketing order. This action is expected to facilitate the
shipment of satisfactory quality papayas and program compliance.
DATES: Comments must be received by April 18, 2000.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456,
Washington, DC 20090-6456; Fax: (202) 720-5698; or E-mail:
moab.docketclerk@usda.gov. 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: Terry Vawter, Marketing Specialist,
California Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street,
suite 102B, Fresno, California 93721; telephone: (559) 487-5901, Fax:
(559) 487-5906; or George Kelhart, Technical Advisor, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, room
2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)
720-2491, Fax: (202) 720-5698.
Small businesses may request information on compliance with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box
96456, Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202)
720-5698, or E-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing
Agreement No. 155 and Marketing Order No. 928, both as amended (7 CFR
part 928), regulating the handling of papayas grown in Hawaii,
hereinafter referred to as the ``order.'' The marketing agreement and
order are 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 proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This proposal 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 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 the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after the date of the entry of the ruling.
Pursuant to a recommendation of the Papaya Administrative Committee
(committee or PAC), this proposal invites comments on the removal of
the suspension of three sections of the order's rules and regulations
regarding grade and inspection (Sec. 928.313), maturity shipment
exemptions (Sec. 928.152), and inspection waiver procedures
(Sec. 928.150). The proposal also would amend Sec. 928.160 regarding
reporting requirements to require handlers to add the inspection
certificate number on PAC Form 1, Papaya Utilization. The removal of
the suspension of the grade requirements in Sec. 928.313 would require
handlers of papayas to adhere to the minimum quality requirements that
were in effect prior to their suspension on July 1, 1994, except that a
5 percent tolerance for immature papayas in Hawaii No. 1 would be
removed, as recommended by the committee. An interim final rule
implementing these suspensions was published in the Federal Register on
July 27, 1994 (59 FR 38102). A final rule finalizing the interim final
rule was published in the Federal Register on October 18, 1994, (59 FR
52409).
Removal of the suspension on minimum quality requirements would
require handlers to obtain inspection through the Federal or Federal-
State Inspection Service (inspection service) prior to shipment.
Removal of the suspension of the maturity exemption and related
reporting requirements in Sec. 928.152 would require handlers
interested in becoming approved handlers of immature papayas to apply
to the committee for approval, and to report handling of immature
papayas. Immature papayas are used in a popular dish called green
papaya salad and as a vegetable substitute in recipes. In addition,
amendment of Sec. 928.160 would require handlers to include the number
of the inspection certificate issued by the inspection service on each
[[Page 8314]]
PAC Form 1, Utilization Report, filed with the committee. Finally,
removal of the suspension of the inspection waiver procedures in
Sec. 928.150 would allow handlers to ship papayas without inspection
under certain conditions when it is not practicable for the inspection
service to provide such inspection.
This proposal was recommended by the committee at its meeting on
February 18, 1999, by a vote of seven in favor, two opposed, and one
abstention. The two dissenters believed that the cost of mandatory
inspection continues to outweigh its benefits to the industry and that
there are other less expensive methods of achieving quality control,
and that voluntary quality control should be continued. Those in favor
believed that voluntary controls have not been effective, and that
mandatory controls were needed to ensure that buyers receive the
quality they desire and help the industry compete more effectively in
the marketplace.
Section 928.52 of the papaya marketing order authorizes the
establishment of grade, size, quality, maturity, and pack and container
regulations for shipments of papayas. Section 928.53 allows for the
modification, suspension, or termination of such regulations when
warranted. Section 928.55 provides that whenever papayas are regulated
pursuant to Secs. 928.52 or 928.53, such papayas must be inspected by
the inspection service and certified as meeting the applicable
requirements. The cost of inspection and certification is borne by
handlers. Section 928.54 authorizes regulation exemptions when shipping
papayas for commercial processing, relief agencies, or charitable
institutions. In addition, the Secretary may relieve from any or all
requirements under or established pursuant to Secs. 928.41, 928.52,
928.53, and 928.55, the handling of papayas in such minimum quantities,
in such types of shipments, or for such specified purposes (including
shipments to facilitate the conduct of marketing research and
development projects established pursuant to Sec. 928.45) as the
committee, with the approval of the Secretary, may prescribe. Section
928.60 of the papaya marketing order authorizes handler reporting
requirements.
In 1994, Secs. 928.150, 928.152, and 928.313 of the order's rules
and regulations were suspended. Section 928.313 established minimum
grade requirements for shipments of papayas prior to its suspension.
This section required that papayas grade at least Hawaii No. 1, except
that not more than 5 percent of the fruit may be immature. Also, the
weight requirements specified in the Hawaiian grade standards did not
apply. This proposed rule would remove the suspension of these
regulations with some changes. First, paragraph (a) of Sec. 928.313
would be amended to remove the 5 percent tolerance for immature fruit.
The committee believes that the quality of papayas shipped needs to
improve for the industry to regain buyer confidence and that removal of
that tolerance would improve the quality shipped into the fresh market.
Second, paragraph (b) of that section would be amended to correct the
information regarding the name, address, and telephone number of the
Department contact to obtain copies of the Hawaii papaya quality
standards which are incorporated by reference. The standards for
Hawaii-grown papaya are dated August 6, 1990, and replace standards
dated May 29, 1981, previously incorporated.
As a result of removing the suspension of the grade regulations
issued pursuant to Sec. 928.52, mandatory inspection would also be
required, except where specifically exempted.
Prior to its suspension, Sec. 928.152 of the order's rules and
regulations defined immature papayas and established the procedures for
handling immature papayas exempt from regulation. This section also
required handlers to apply to the PAC to become approved handlers of
immature papayas and report the handling of immature papayas. This rule
would remove the suspension of these regulations in their entirety,
thus affording approved handlers the opportunity to handle immature
papayas, exempt from minimum grade, size, quality, and maturity
regulations. PAC Form 7 (Application to be an Approved Handler of
Immature Papayas) and PAC Form 7(c) (Maturity Exemption Report) would
also be reinstated so the committee could approve handlers of immature
papayas and such handlers could report their handling of immature
papayas. Handlers pay assessments on such shipments.
Section 928.150 established the procedures for granting inspection
waivers under certain conditions prior to its suspension. This rule
would remove the suspension of Sec. 928.150, giving the inspection
service the flexibility to issue inspection waivers to handlers when it
is impracticable to provide inspection services. For example, a handler
might be in a remote location and the inspection service might not be
able to provide an inspector to perform the inspection at the time and
place requested.
Section 928.160 was amended in 1994 as a result of the suspension
of Secs. 928.150, 928.152, and 928.313. Because the quality
requirements, and, thus, the requirement for mandatory inspection was
suspended, Sec. 928.160 was amended to remove the requirement to
include the inspection certificate number on the PAC Form 1,
Utilization Report. Since the quality and inspection requirements would
be reinstituted, a change would be necessary in Sec. 928.160 to require
the inspection certificate number to be reported by the handler on the
PAC Form 1. PAC Form 1 would also be revised to include this additional
information collection.
Minimum grade and inspection requirements were initially
established to assure that only acceptable quality fruit entered fresh
market channels, thereby ensuring consumer satisfaction, increasing
sales, and improving returns to papaya producers. The reporting
requirements were established to authorize the committee to allow
approved handlers to handle immature papayas, and to aid the committee
in assessment billings and program compliance.
In committee discussions on the suspension of grade, inspection,
and reporting requirements in 1994, members who supported the
suspension advised that the papaya industry was committed to
instituting alternative quality assurance procedures in the absence of
mandatory inspection. This was to be achieved by handlers providing
financial incentives to producers to harvest and deliver only high
quality fruit. Such a program was to be arranged with handlers by the
newly-formed producers' bargaining cooperative. It was anticipated that
this program would provide incentives for growers to deliver high-
quality fruit to handlers. However, the producer's bargaining
cooperative was not as successful as hoped in implementing this
program. To date, the industry has not instituted any effective
alternative means of quality control. As a result, the overall quality
of papayas shipped from Hawaii has declined and the industry has lost
market share.
Most committee members also believed that the elimination of
inspection requirements would increase producer returns because
handlers would pass on to producers the savings they realized when
inspection costs were eliminated. This has happened to a limited
extent. Finally, the committee hoped that buyers of fresh papayas would
encourage handlers to continue to ship high-quality fruit by paying
premium prices for higher-quality fruit.
[[Page 8315]]
As handlers became more aware of the price differentials between
various quality levels, the committee believed that competition among
handlers would ensure shipments of good quality fruit. This has not
occurred like the committee had hoped.
At the time the suspension was recommended, the industry was
suffering from an infestation of Papaya Ringspot Virus (PRSV), a
debilitating disease which attacks papaya trees, eventually killing
them. Production from the Island of Hawaii, the primary growing region,
declined substantially, and the papayas produced from those trees were
of lower quality.
Since 1994, the committee has reported deteriorating wholesale
buyer and consumer confidence with Hawaiian papayas, resulting in lost
market share. The condition of poor quality papayas often deteriorates
during shipment, frequently requiring buyers to discard some fruit and
repack the rest. This has resulted in financial losses for some buyers,
decreased buyer confidence, and reduced market opportunities for
handlers of Hawaii papayas. As a result, competing supplies from the
Philippines, Brazil, and Mexico have made inroads into existing Hawaii
papaya markets.
This is of great concern to the committee, especially because the
domestic production from two PRSV-resistant papaya varieties is
increasing significantly, and production is expected to continue
growing. The committee would like to regain the confidence of buyers by
shipping high-quality Hawaii papayas. It believes that mandatory
quality control is needed to ensure buyers the quality they prefer.
Removing the suspension of the grade, inspection, and reporting
requirements in place prior to July 1, 1994, should help the industry
achieve its goals and compete more effectively in the marketplace.
During its deliberations on the removal of the suspension of grade,
inspection, and reporting requirements on February 18, 1999, the
committee discussed the current state of the industry and what actions
the committee could take to enhance the quality of shipments, improve
grower and handler returns, increase wholesale buyer and consumer
confidence, and regain lost market share. The committee decided that to
successfully market the increasing production from the PRSV-resistant
papaya varieties, the industry must reestablish a quality image for
Hawaii papayas among buyers and consumers. It would be
counterproductive, they noted, to utilize assessment dollars promoting
a product which was not of acceptable quality.
In addition, the committee noted that reinstituting mandatory
inspection would augment information available to the committee on
assessments owed by handlers. Once inspections begin, a copy of each
inspection certificate would be provided to the committee staff by the
inspection service. This third-party information would permit the
committee staff to have accurate and timely data upon which to bill
each handler for papayas handled. Currently, the committee staff
utilizes information gathered from transshippers (air freight and
shipping companies) to augment and confirm information provided by
handlers' reports for assessment collection compliance purposes under
Sec. 928.31(n). This information is obtained at a significant cost of
committee time and resources. While information from transshippers
would continue to be used as a random check, data provided from the
inspection certificates would be the primary source of third-party
information for assessment billings by the committee staff.
Inspection costs on handlers would result from this action.
Inspection costs incurred would total $24.24 per hour for on site
inspections and mileage travel costs of 37 cents a mile round-trip from
the office to the processing plant or handler's premises. For a trip
less than 10 minutes or 7 miles, no travel time cost is charged, just
the mileage cost. For a trip taking 10 or more minutes, or covering 7
or more miles, the travel time cost is based on the $24.24 hourly rate.
The committee members who opposed the recommendation believe that
the cost of inspection would be passed on to producers, lowering
overall producer returns, and that the benefits of mandatory quality
control would not outweigh the costs. In addition, they believed that
voluntary quality control should be given more time to work. However,
most committee members favored the recommendation, as they believe the
alternatives attempted have not been successful, and that prompt action
is imperative to assure the long-term viability of the Hawaii papaya
industry.
The committee's recommendation resulted from the efforts of a task
force assigned by the committee chairman in 1998. The task force
reviewed the current marketing and quality conditions affecting the
Hawaii papaya industry for several months, and urged the committee to
consider removing the suspension of quality control-related
requirements.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), AMS has considered the economic impact of this action 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 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 400 producers of papayas in the production
area and approximately 60 handlers subject to regulation under the
marketing order. Small agricultural producers have been defined by the
Small Business Administration (13 CFR 121.601) as those having annual
receipts less than $500,000, and small agricultural service firms are
defined as those whose annual receipts are less than $5,000,000.
Based on a reported average f.o.b. price of $1.30 per pound of
papayas, a handler would have to ship in excess of 3.85 million pounds
of papayas to have annual receipts of $5,000,000. Last year, two
handlers each shipped in excess of 3.85 million pounds of papayas, and,
therefore, could be considered large businesses. The remaining handlers
could be considered small businesses under SBA's definition.
Based on a reported average grower price of $0.45 per pound and
industry shipments of 36 million pounds, total grower revenues would be
$16.2 million. Average grower revenue would, thus, be $40,500. Based on
the foregoing, the majority of handlers and producers of papayas may be
classified as small entities.
This proposal would remove the suspension of grade, inspection, and
related reporting requirements under the order's rules and regulations.
As a result of removing the suspension, Secs. 928.150, 928.152, and
928.313 would be reinstated; and Sec. 928.160 would be amended to
include the requirement that inspection certificate numbers be added to
the utilization reports filed by handlers. Section 928.313 would also
be amended to remove the 5 percent tolerance for immature papayas since
the committee believes that the quality of papayas shipped into fresh
market channels must be improved dramatically. Section 928.313 would
also be amended to correct the name and address of Department
references
[[Page 8316]]
for obtaining copies of the Hawaii papaya quality standards which are
incorporated by reference. References to Department contacts are
outdated, as is the mailing address listed in that section. The quality
standards for Hawaii-grown papayas have been revised as of August 6,
1990, and would replace the standards dated May 29, 1981, currently
incorporated by reference.
During its deliberations, the committee discussed the current state
of the industry with the advent of the two PRSV-resistant papaya
varieties. Production is increasing and overall production levels of
Hawaii papayas are expected to reach pre-1994 levels by the 2001 crop
year, and then continue growing. Such increasing production could
reduce handler and producer returns if the quality of papayas shipped
is not improved.
Since the suspension of the grade and inspection requirements in
1994, the quality of Hawaii papayas in the marketplace has been
deteriorating. The condition of poor quality fruit has often
deteriorated during shipment, requiring buyers to discard some fruit
and repack the remaining fruit. This has resulted in financial losses
for some buyers and caused decreased buyer confidence in Hawaii papaya
quality, resulting in reduced market share.
With the new varieties, the industry is now in a position to
provide ample supplies of good quality fruit, and restore wholesale
buyer and consumer confidence in Hawaii papayas. Ample supplies of good
quality fruit would allow the industry to regain its market share,
thus, improving returns to handlers and producers.
The committee discussed continuing the suspension as an alternative
to this change. However, the committee believes that removing the
suspension of the grade, inspection, and reporting requirements would
benefit producers and handlers by enhancing the market quality of
papayas grown in Hawaii. The committee estimated that the increased
cost of inspection would be offset by the increased market value of the
inspected papayas. Inspection costs incurred would total $24.24 per
hour for on site inspections and mileage travel costs of 37 cents a
mile round-trip from the office to the processing plant or handler's
premises. For a trip of less than 10 minutes or 7 miles, no travel time
cost is charged, just the mileage cost. For a trip taking 10 or more
minutes, or covering 7 or more miles, the travel time cost is based on
the $24.24 hourly rate. The majority of committee members agreed that
removing the suspension of the grade, inspection, and reporting
requirements is in the long-term best interests of the industry.
Improved quality of Hawaii papayas is expected to result in increased
consumer satisfaction and repeat purchases, thereby improving handler
and producer returns. The increased handling costs due to mandatory
inspection is expected to be offset by the aforementioned benefits. In
addition, greater information collection authority may result in
enhanced assessment collections, permitting the committee to utilize
more funds to promote a larger and higher-quality crop, if they deem it
appropriate.
This action would impose additional reporting requirements on an
estimated five papaya handlers by requiring handlers to file PAC Form
7, the Application to be an Approved Handler of Immature Papayas, and
PAC Form 7(c), Maturity Exemption Report. It would also require
including the inspection certificate number on PAC Form 1. PAC Form 7
is estimated to take 15 minutes to complete, and PAC Form 7(c) is
estimated to take less than 10 minutes to complete. There is no
additional measurable reporting burden estimated for PAC Form 1. In
all, requiring both forms would result in an estimated additional
reporting burden to the previously-mentioned five handlers of 9.25
annual hours. The current burden is approximately 1,000 hours. The
benefits of the additional reporting requirements are expected to
outweigh the costs. Handlers would be able to utilize exemptions to the
grade and inspection requirements, and the committee would have
additional information to aid in assessment collections and program
compliance.
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.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection requirements that are contained
in this rule are being submitted to the Office of Management and Budget
(OMB) for approval. This rule would not become effective until this
additional information collection is approved by the OMB. In addition,
the Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this proposed rule.
In addition, the committee's meeting was widely publicized
throughout the papaya industry and all interested persons were
encouraged to attend the meeting and participate in committee
deliberations on all issues. Like all committee meetings, the February
18, 1999, meeting was a public meeting and all entities, both large and
small, were encouraged to express views on this issue. The committee
itself is comprised of 13 members, of which nine are producers and
three are handlers. The committee also includes a public member who
does not represent an agricultural interest nor have a financial
interest in papayas. Finally, interested persons are invited to submit
information on the regulatory and informational impacts of this action
on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at the
following web site: 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 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), this notice announces AMS'' intention to request a
revision to a currently approved information collection for Papayas
Grown in Hawaii, Marketing Order No. 928.
Title: Papayas Grown in Hawaii, Marketing Order No. 928.
OMB Number: 0581-0102.
Expiration Date of Approval: November 30, 2000.
Type of Request: Revision of a currently approved information
collection.
Abstract: Marketing order programs provide an opportunity for
producers of fresh fruits, vegetables, and specialty crops, in a
specified production area, to work together to solve marketing problems
that cannot be solved individually. Order regulations help ensure
adequate supplies of high quality product and adequate returns to
producers. Under the Act, industries enter into marketing order
programs. The Secretary of Agriculture is authorized to oversee the
order's operations and issue regulations recommended by a committee of
representatives from each commodity industry.
The Hawaii papaya marketing order program, which has been in
operation since 1971, authorizes the issuance of grade, size, maturity
regulations,
[[Page 8317]]
inspection requirements, and marketing and production research,
including paid advertising. Regulatory provisions apply to papayas
shipped within and out of the area of production to any market, except
those specifically exempted by the marketing order.
The order, and rules and regulations issued thereunder, authorize
the committee, the agency responsible for local administration of the
order, to require handlers and growers to submit certain information.
Much of this information is compiled in aggregate and provided to the
industry to assist in marketing decisions. The information collection
requirements in this request are essential to carry out the intent of
the Act, to provide the respondents the type of service they request,
and to administer the Hawaii papaya marketing order program.
The committee has developed forms as a convenience to persons who
are required to file information with the committee that is needed to
carry out the purposes of the Act and the order. These forms require
the minimum information necessary to effectively carry out the
requirements of the order, and their use is necessary to fulfill the
intent of the Act as expressed in the order, and the rules and
regulations issued thereunder. Papayas may be shipped year-round and
these forms are utilized accordingly.
The information collected is used only by authorized
representatives of the USDA, including AMS, Fruit and Vegetable Program
regional and headquarters staff, and authorized employees of the
committee. Authorized committee employees and the industry are the
primary users of the information and AMS is the secondary user.
This proposed collection consists of the requirement for handlers
to provide information on PAC Forms 7 and 7(c) for their application to
become an approved handler of immature papayas and on their handling of
immature papayas. Shipments of immature papayas for special markets are
exempt from certain requirements under the order. A conforming change
to the PAC Form 1, the papaya utilization report, would require the
addition of the inspection certificate number on the form. Use of these
forms is authorized under Secs. 928.152 and 928.160 of the order. Form
7 would be filed once annually and Form 7(c) would be filed
approximately 10 times per year by each of the estimated five reporting
handlers. The estimated increase in burden hours is 1.25 hours for PAC
Form 7 and 8 hours for PAC Form 7(c), bringing the total annual hours
added to the current response burden to 9.25. The current burden is
approximately 1,000 hours. There would be no measurable increase in
burden hours resulting from including the number of the inspection
certificate on PAC Form 1.
The committee recommended reinstating the reporting requirement in
conjunction with removing the suspension of the grade and inspection
requirements. With information provided by handlers, the committee
would be able to approve handlers' requests to handle immature papayas
exempt from regulation and to track such handling of immature papayas.
In addition, by adding the inspection certificate number to the PAC
Form 1, the committee will have accurate and timely data with which to
bill handlers for assessments. Such revisions to the information
collection authority would enhance program administration and improve
information available to the committee for assessment billings.
The proposed revision to the currently approved information
requirements issued under the order is as follows:
Estimate of Burden``: Public reporting burden for PAC Form 7 of
this collection of information is estimated to average 15 minutes per
response.
Respondents: Handlers of papayas grown in the production area of
Hawaii.
Estimated Number of Respondents: 5.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 1.25 hours.
Estimate of Burden: Public reporting burden for PAC Form 7(c) of
this collection of information is estimated to average 9.60 minutes per
response.
Respondents: Handlers of papayas grown in the production area of
Hawaii.
Estimated Number of Respondents: 5.
Estimated Number of Responses per Respondent: 10.
Estimated Total Annual Burden on Respondents: 8.00 hours.
Comments are invited on: (1) Whether the proposed collection of
information is necessary for the functioning of the Hawaii papaya
marketing order program and USDA's oversight of that program; (2) the
accuracy of the collection burden estimate and the validity of the
methodology and assumptions used in estimating the burden on
respondents; (3) ways to enhance the quality, utility, and clarity of
the information requested; and (4) ways to minimize the burden,
including use of the collection of information on those who are to
respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Comments should reference OMB No. 0581-0102 and Hawaii Papaya
Marketing Order No. 928, and be sent to the USDA in care of the docket
clerk at the address referenced above. All comments received will be
available for public inspection in the Office of the Docket Clerk
during regular USDA business hours at the same address.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments also will become a matter of the
public record.
A 60-day comment period is provided to allow interested persons to
respond to this proposal.
List of Subjects in 7 CFR Part 928
Marketing agreements, Papayas, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 928 is
proposed to be amended as follows:
PART 928--PAPAYAS GROWN IN HAWAII
1. The authority citation for 7 CFR part 928 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. The suspensions of Secs. 928.150 and 928.152 are removed.
3. In Sec. 928.160, paragraph (a)(1) is revised to read as follows:
Sec. 928.160 Utilization reports.
(a) * * *
(1) Quantity of papayas handled subject to assessments and
regulations including the date, destination, and inspection certificate
number of each shipment;
* * * * *
3. The suspension of Sec. 928.313 is removed and the section is
revised to read as follows:
Sec. 928.313 Hawaiian Papaya Regulation 13.
(a) No handler shall ship any container of papayas to any
destination (except immature papayas handled pursuant to Sec. 928.152)
unless such papayas grade at least Hawaii No. 1: Provided, That the
weight requirements specified in this grade shall not apply to such
shipments.
(b) ``Hawaii No. 1'' cited in this section is specified in the
Hawaii Department of Agriculture Standards for Fruits and Vegetables
(Title 4, Subtitle 4, Chapter 41, Subchapter 7, Sec. 4-41-52) (8/6/90).
Copies of the grade specifications are available from the Chief,
Marketing Order Administration Branch, F&V, AMS, USDA, Washington, DC
20250; and they are also available for inspection at the Office of the
[[Page 8318]]
Federal Register Information Center, 800 North Capitol Street, NW.,
suite 700, Washington, DC 20408; telephone: (202) 720-2491. This
incorporation by reference was approved by the Director of the Federal
Register. The materials are incorporated as they exist on the date of
approval and a notice of any changes in the material will be published
in the Federal Register.
Dated: February 14, 2000.
Eric M. Forman,
Acting Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 00-3874 Filed 2-17-00; 8:45 am]
BILLING CODE 3410-02-P
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