[Federal Register Volume 59, Number 55 (Tuesday, March 22, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6654]
[[Page Unknown]]
[Federal Register: March 22, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Parts 959 and 979
[Docket No. FV93-959-3IFR]
Onions Grown in South Texas; and Melons Grown in South Texas;
Revision of Continuing Handling Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule relaxes the handling regulations for
South Texas onions and melons by allowing handlers the option to submit
a shipment release form to Texas Department of Agriculture (TDA)
authorities at road guard stations. The shipment release form provides
adequate information to enable the TDA to determine whether the onions
and melons have been inspected and meet marketing order requirements,
thereby helping ensure compliance with order provisions. The
regulations currently provide that a copy of the applicable inspection
certificate is the only satisfactory inspection document that may
accompany onion and melon shipments.
DATES: Effective on March 22, 1994. Comments which are received by
April 21, 1994 will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule. Comments must be sent in triplicate
to the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, room 2523-S, Washington, DC 20090-6456, Fax # (202) 720-5698.
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: Belinda G. Garza, McAllen Marketing
Field Office, Fruit and Vegetable Division, AMS, USDA, 1313 East
Hackberry, McAllen, Texas 78501, telephone: (210) 682-2833; or Robert
F. Matthews, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-
6456, telephone: (202) 690-0464.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 959 (7 CFR part 959), as amended, regulating the handling of onions
grown in South Texas, and Marketing Order No. 979 (7 CFR Part 979),
regulating the handling of melons grown in South Texas, hereinafter
referred to as the ``orders.'' These orders are authorized by 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 action is not intended to have retroactive effect.
This interim final rule will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this action.
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 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 38 handlers of South Texas onions subject to regulation
under Marketing Order No. 959 and 97 onion producers in the production
area. There are 19 handlers of South Texas melons subject to regulation
under Marketing Order No. 979 and 40 melon producers in the production
area. Small agricultural service firms 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 as those
having annual receipts of less than $500,000. The majority of the
handlers and producers may be classified as small entities.
The South Texas Onion and Melon Committees (committees) met
November 9 and December 9, 1993, respectively, and discussed procedures
for clearing shipments of onions and melons at road guard stations
operated by the TDA. The committees unanimously recommended revising
paragraphs (d)(2) of Sec. 959.322 and (c)(2) of Sec. 979.304,
respectively, to make the regulations consistent with current industry
practice.
Currently, the regulations specify that onion and melon shipments
must be accompanied by a copy of the inspection certificate or other
documentary evidence indicating that the shipment has been inspected
and meets marketing order requirements and that such documents be
presented to TDA road guard authorities. This rule allows shipments of
onions and melons to be accompanied by a shipment release form issued
by the Federal or Federal-State Inspection Service which would be
surrendered to authorities. The shipment release form identifies truck
lots to which inspection certificates are applicable and certifies that
the shipment of onions or melons has been inspected and meets the
respective marketing order requirements. The shipment release form may
be used as proof of such clearance when presented at a road guard
station.
The TDA requested the committees to specify that TDA personnel are
the proper authorities for reviewing inspection certificates or
shipment release forms at road guard stations. Therefore, the
committees recommended that handlers be required to surrender either
the appropriate inspection certificate or shipment release form to TDA
personnel at road guard stations. This action will enable the TDA to
determine whether onions and melons shipped from the respective
production areas meet order requirements and should help ensure
compliance with the two orders' provisions.
Based on the above, the Administrator of the AMS has determined
that this action will not have a significant economic impact on a
substantial number of small entities.
In accordance with the Paperwork Reduction Act of 1988 (44 U.S.C.
chapter 35), the information collection requirements that are contained
in this rule have been previously approved by the Office of Management
and Budget (OMB) and have been assigned OMB No. 0581-0074 for onions
and 0581-0076 for melons. This action does not entail additional
recordkeeping on the part of the handlers because the shipment release
form is not a new form.
After consideration of the committees' recommendations and other
relevant information presented, it is found that this interim final
rule 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 action until 30 days after publication in the
Federal Register because: (1) These actions were unanimously
recommended by the committees at public meetings; (2) no new forms are
required to be prepared by handlers; (3) handlers need to be aware of
the changes in the requirements; and (4) these actions provide a 30-day
comment period, and any comments received will be considered prior to
finalization of this rule.
List of Subjects
7 CFR Part 959
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
7 CFR Part 979
Marketing agreements, Melons, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR parts 959 and 979
are amended as follows:
PART 959--ONIONS GROWN IN SOUTH TEXAS
PART 979--MELONS GROWN IN SOUTH TEXAS
1. The authority citation for 7 CFR parts 959 and 979 continues to
read as follows:
Authority: 7 U.S.C. 601-674.
2. Section 959.322 Handling Regulation is amended by revising
paragraphs (d)(2) and (d)(3) to read as follows:
Sec. 959.322 Handling regulation.
* * * * *
(d) * * *
(2) No handler may transport by motor vehicle or cause such
transportation of any shipment of onions for which an inspection
certificate is required unless each such shipment is accompanied by a
copy of the inspection certificate applicable thereto or the shipment
release form furnished by the inspection service identifying truck lots
to which a valid inspection certificate is applicable. A copy of such
inspection certificate or shipment release form shall be surrendered
upon request to Texas Department of Agriculture personnel designated by
the committee.
(3) For purposes of operation under this part, each inspection
certificate, shipment release form, or committee form required as
evidence of inspection is hereby determined to be valid for a period
not to exceed 72 hours following completion of inspection as shown on
the certificate.
* * * * *
3. Section 979.304 Handling Regulation is amended by revising
paragraphs (c)(2) and (c)(3) to read as follows:
Sec. 979.304 Handling regulation.
* * * * *
(c) * * *
(2) No handler may transport by motor vehicle or cause such
transportation of any shipment of melons for which an inspection
certificate is required unless each such shipment is accompanied by a
copy of the inspection certificate applicable thereto or the shipment
release form furnished by the inspection service identifying truck lots
to which a valid inspection certificate is applicable. A copy of such
inspection certificate or shipment release form shall be surrendered
upon request to Texas Department of Agriculture personnel designated by
the committee.
(3) For purposes of operation under this part, each inspection
certificate, shipment release form, or committee form required as
evidence of inspection is hereby determined to be valid for a period
not to exceed 72 hours following completion of inspection as shown on
the certificate.
* * * * *
Dated: March 16, 1994.
Martha B. Ransom,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-6654 Filed 3-21-94; 8:45 am]
BILLING CODE 3410-02-P
