[Federal Register Volume 62, Number 78 (Wednesday, April 23, 1997)]
[Rules and Regulations]
[Pages 19667-19668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10570]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 /
Rules and Regulations
[[Page 19667]]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 959
[Docket No. FV97-959-1 IFR]
Onions Grown in South Texas; Amendment of Sunday Packing and
Loading Prohibitions
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule amends, for the remainder of the 1997
period, the regulation under the South Texas onion marketing order
which specifies that no handler may package or load onions on Sunday
during the period March 1 through May 20 to remove the prohibition. The
order regulates the handling of onions grown in South Texas and is
administered locally by the South Texas Onion Committee (Committee).
The Committee unanimously recommended the change to increase supplies
of South Texas onions in the marketplace. Recent heavy rainfall in the
production area has prevented handlers from packing and loading enough
onions to meet buyer needs.
DATES: Effective April 19, 1997; comments received by May 23, 1997 will
be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent in triplicate to the Docket
Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S, P.O. Box
96456, Washington, DC 20090-6456, Fax # (202) 720-5698. 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: Belinda G. Garza, McAllen Marketing
Field Office, Marketing Order Administration Branch, F&V, AMS, USDA,
1313 E. Hackberry, McAllen, Texas 78501; telephone: (210) 682-2833, Fax
# (210) 682-5942; or James B. Wendland, Marketing Specialist, Marketing
Order Administration Branch, F&V, AMS, USDA, room 2525-S, P.O. Box
96456, Washington, DC 20090-6456: telephone: (202) 720-2170, 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 Division, AMS, USDA, P.O.
Box 96456, room 2525-S, Washington, DC 20090-6456; telephone (202) 720-
2491; Fax # (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 143 and Marketing Order No. 959 (7 CFR part 959), as
amended, regulating the handling of onions grown in South Texas,
hereinafter referred to as the ``order.'' This 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 Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule 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 date of the entry of the ruling.
Due to record amounts of rainfall in the last 40 days, South Texas
growers have had difficulty harvesting their onions. Normally, 1\1/2\
to 2 million 50-lb. equivalents of onions have been shipped by April
15, but this year only approximately \1/2\ million were shipped by that
date.
Currently, Section 959.322 of the order prohibits the packaging and
loading of onions on Sundays during the March 1 through May 20 period
each season. This restriction was implemented to contribute to orderly
marketing conditions. However, the industry indicates that, since the
advent of the heavy rains, all onions must be dried in mechanical
dryers prior to packing. This has disrupted the normal pattern of
harvesting, packing and loading. Growers cannot harvest more onions
until the dryers are emptied. The dryers can not be emptied if onions
are unable to be packed and shipped each day of the week.
The Committee met on April 16 and, by telephone vote, unanimously
recommended revising the current handling regulation to remove the
restriction on packing and loading onions on Sundays. This action will
provide handlers with greater flexibility and additional time to
prepare the onions for market.
If this action is not taken, crop losses will be significant. The
cessation in harvesting activity will result in increased unemployment
among onion field workers and employees at handlers' facilities. In
addition, reduced supplies would likely result in consumers paying
higher prices for these onions.
Thus, this rule relaxes requirements by modifying language in the
order's handling regulation, as authorized by Sec. 959.52 of the order,
to allow Sunday packing and loading of such onions during the remainder
of the 1997 period.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities.
[[Page 19668]]
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 36 handlers of South Texas onions who are subject to
regulation under the order and approximately 60 producers in the
regulated area. Small agricultural service firms, which includes
handlers, have been defined by the Small Business Administration (13
CFR 121.601) as those having annual receipts of less than $5,000,000,
and small agricultural producers are defined as those having annual
receipts of less than $500,000. The majority of handlers and producers
of South Texas onions may be classified as small entities.
Committee meetings are widely publicized in advance and are held in
a location central to the production area. The meetings are open to all
industry members (including small business entities) and other
interested persons--who are encouraged to participate in the
deliberations and voice their opinions on topics under discussion.
Thus, Committee recommendations can be considered to represent the
interests of small business entities in the industry.
Many years of marketing experience led to the development of the
current shipping and packing procedures. These procedures have helped
the industry address marketing problems by keeping supplies and
movement of packed onions in balance with market needs, and
strengthening market conditions. However, the recent heavy rains have
disrupted the normal pattern of harvesting, packing and loading and all
onions must now be dried in mechanical dryers prior to packing. Growers
cannot harvest more onions until the dryers are emptied and dryers can
not be emptied if onions are unable to be packed and shipped each day
of the week.
The Committee considered not relaxing the regulation for the
remainder of the season, but felt that would result in significant crop
losses. The Committee also felt that a cessation in harvesting activity
would result in increased unemployment among onion field workers and
employees at handlers' facilities. In addition, reduced supplies would
likely result in consumers paying higher prices for these onions.
While the level of benefits of this rulemaking are difficult to
quantify, the stabilizing effects of the relaxation in the packing and
loading regulation impact both small and large handlers positively by
helping them maintain markets even though onion harvesting and packing
conditions have fluctuated widely this season.
There are some reporting, recordkeeping and other compliance
requirements under the marketing order. The reporting and recordkeeping
burdens are necessary for compliance purposes and for developing
statistical data for maintenance of the program. The forms require
information which is readily available from handler records and which
can be provided without data processing equipment or trained
statistical staff. As with other, similar marketing order programs,
reports and forms are periodically studied to reduce or eliminate
duplicate information collection burdens by industry and public sector
agencies. This interim final rule does not change those requirements.
The Department has not identified any relevant Federal rules that
duplicate, overlap, or conflict with this regulation.
A 30-day comment period is provided to allow interested persons to
respond to this interim final rule. All written comments received
within the comment period regarding this action or its effect on small
business entities will be considered prior to finalization of this
interim final rule.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
this interim final rule, as hereinafter set forth, 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 rule until 30 days after publication in the Federal Register
because: (1) Record rainfall in the South Texas production area
necessitates emergency rulemaking and making this action effective on
the date specified; (2) this rule relaxes requirements on regulated
handlers; (3) handlers are aware of this action which was unanimously
recommended by the Committee at an April 16, 1997, meeting; and (4)
this interim final rule provides a 30-day comment period, and all
comments timely received will be considered prior to finalization of
this rule.
List of Subjects in 7 CFR Part 959
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 959 is
amended as follows:
PART 959--ONIONS GROWN IN SOUTH TEXAS
1. The authority citation for 7 CFR part 959 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. In Sec. 959.322, the introductory paragraph is revised to read
as follows:
Sec. 959.322 Handling regulation.
During the period beginning March 1 and ending June 15, no handler
shall handle any onions unless they comply with paragraphs (a) through
(d) or (e) or (f) of this section. In addition, no handler may package
or load onions on Sunday during the period March 1 through May 20,
except during the period April 20, 1997, through May 20, 1997.
* * * * *
Dated: April 18, 1997.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-10570 Filed 4-18-97; 4:19 pm]
BILLING CODE 3410-02-P
