Document V36k4OkmX9YvpLbgb6o6LMG08

22528 Federal Register / Vol. 51, No. 119 / Friday, June 20, 1986 / Proposed Rules regulating the handling of winter pears PART 927--WINTER PEARS GROWN except that the Hood River-White grown in Oregon. Washington, and IN OREGON, WASHINGTON, AND Salmon-Underwood District and the California. CALIFORNIA Wenatchee District shall be represented Upon the basis of the record, it is found that: (1) The order, as amended, and as Revise 927.4 to read: 927.4 Pears. on the committee by two grower members and two handler members. Revise 927.26 to read: hereby further amended, and all of the "Pears'' means and includes any and 927.28 Qualifications. terms and conditions thereof, will tend to effectuate the declared policy of the act: (2) The order, as amended, and as hereby further amended, regulates the handling of winter pears grown in the production area in the same manner as, and is applicable only to persons in the respective classes of commercial and industrial activity specified in, the marketing agreement and order upon which hearings have been held! (3) The order, as amended, and as hereby further amended, is limited in its 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 orders applicable to subdivisions of the production area would not effectively carry out the declared policy of the act; (4) There are no differences in the all of the Beurre D' Anjou, Beurre Bose. Winter Nelis, and Doyenne du Cornice varieties of pears grown in Oregon, Washington, and California and any other winter pear varieties or subvarieties that are recognized by the Control Committee and approved by the Secretary, including the Forelle and Seckel varieties, lhat are commercially grown in the States of Oregon and Washington. Revise 927.9 to read: 927.9 Fiscal period. "Fiscal period" means the period beginning July 1 of any year and ending June 30 of the following year of such annual beginning and ending dales as may be approved by the Secretary pursuant to recommendations by the Control Committee. Amend 927.11 by removing paragraph (f) and by revising paragraph (e) to read: Any person prior to or within 15 days after selection as a member or as an alternate for a member of the Control Committee shall qualify by Tiling with the Secretary a written acceptance of the person's willingness to serve. Revise 927.27 to read: 927.27 Term of office. The term of office of each member and alternate member of the Control Committee shall be for two years beginning July 1 and ending June 30: Provided. That the terms of office of one-half the initial members and ' alternates shall end June 30.1988; and that beginning with the 1987-88 fiscal period, no member shall serve more than three consecutive two-year terms unless specifically exempted by the Secretary. Members and alternate members shall serve in such capacities for the portion of the term of office for which they are selected and have production and marketing of winter 927.11 District. qualified and until their respective pears grown in the production area successors are selected and have which make necessary different terms and provisions applicable to different parts of such area; and (5) All handling of winters pears grown in the production area is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce. Order Relative to Handling (e) California District shall include all of the Stale of California. Add a new 927.13 to read: 927.13 Subvariety. "Subvariety" means and includes any mutation, sport, or other derivation of any of the varieties covered in 927.4 which is recognized by the Control Committee and approved by the qualified. The terms of office of successor members and alternates shall . be so determined that one-half of the total committee membership ends each June 30. Revise paragraph (a) of 927.33 to read: 927.33 Procedure of Control Committee. (a) Quorum and voting. A quorum at a It is therefore ordered. That on and after the effective date hereof the handling of winter pears grown in Oregon, Washington, and California shall be in conformity to and in compliance with the terms and Secretary. Recognition of a subvariety by the Control Committee shall include classification within a varietal group for the purposes of votes conducted under 927.52. Revise 927.20 to read: meeting of the Control Committee shall consist of ten members, or alternates then serving in the place of any members. Except as otherwise provided in 927.52, all decisions of the Control Committee at any meeting shall require . the concurring vote of at least 75 percent conditions of the order, as hereby 927.20 Establishment and membership. of those members present, including, amended, as follows: A Control Committee, consisting of 14 alternates then serving in the place of Except for the previously noted corrections and modifications, the provisions of the proposed marketing agreement and order amending the order contained in the recommended decision issued by the Administrator on March 12,1986, and published in the Federal Register on March 20,1986 (51 FR 9663), shall be and are the terms and provisions of this order, amending the order, and are set forth in full herein. 1. The authority citation for 7 CFR Part 927 continues to read as follows: individual persons as its members, is hereby established to administer the terms and provisions of this subpart as specifically provided in 927.20 through 927.35. There shall be two alternates, designated as the "first alternate" and the "second alternate," respectively, for each member of the committee. Seven members of the Control Committee and their respective alternates shall be growers of pears, and seven members and their respective alternates shall be handlers of pears. Each district shall be represented on the any members. ***** Add a new 927.36 to read: 927.36 Public advisors. The Control Committee may appoint such public advisors as it deems appropriate and determine the compensation and define the duties of such advisors. Revise 927.41 to read: 927.41 Assessments. (a) Assessments will be levied only Authority: Secs. 1-19, 48 Slat. 31. amended; Control Committee by one grower upon the handler who first handles 7 U.S.C. 601-674. member and one handler member pears which subsequently are shipped l S' GLEASON-000793