[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Rules and Regulations]
[Pages 25555-25557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12836]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 980
[FV95-980-1FR]
Vegetables; Import Regulations; Modification of Regulatory Time
Periods for Imported Onions
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule modifies the time periods when imported onions
are regulated based on the grade, size, quality, and maturity
requirements of the South Texas onion and Idaho-Eastern Oregon onion
marketing orders. The change is needed to make the onion import
requirements consistent with regulatory time period changes made under
the South Texas onion marketing order.
EFFECTIVE DATE: June 4, 1996.
FOR FURTHER INFORMATION CONTACT: Robert F. Matthews, Marketing
Specialist, Marketing Order Administration Branch, F&V, AMS, USDA, room
2523-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)
690-0464; Fax number (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under section 8e of 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 final
rule in conformance with Executive Order 12866.
This final rule has been reviewed under Executive Order 12778,
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. There are no administrative procedures which
must be exhausted prior to any judicial challenge to the provisions of
this rule.
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.
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. There are approximately
148 importers of onions who will be affected by this rule. Small
agricultural service firms, which include onion importers, have been
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts of less than $5,000,000. The majority of onion
importers may be classified as small entities.
Import regulations issued under the Act are based on regulations
established under Federal marketing orders which regulate the handling
of domestically produced products. Thus, this final rule should have
small entity orientation, and impact on both small and large business
entities in a manner comparable to rules issued under marketing orders.
This rule modifies the dates when imported onions are regulated, based
on requirements of the South Texas onion and Idaho-Eastern Oregon onion
marketing orders.
Section 8e of the Act provides that whenever certain specified
commodities, including onions, are regulated under a Federal marketing
order, imports of that commodity into the United States are prohibited
unless they meet the same or comparable grade, size, quality, and
maturity requirements. Section 8e also provides that whenever two or
more marketing orders regulate the same commodity produced in different
areas of the United States, the Secretary shall determine with which
area the imported commodity is in most direct competition and apply
regulations based on that area to the imported commodity.
Marketing Order No. 958 regulates onions grown in certain counties
of Idaho and Eastern Oregon and Marketing Order No. 959 regulates
onions grown in South Texas. Fresh onion shipments from Idaho-Eastern
Oregon are regulated throughout the year, while onion shipments from
South Texas had been regulated from March 1 through June 15 each year.
On the basis of past shipment data, the Secretary determined that
onions imported during the March 10 through June 15 period were in most
direct competition with onions grown in South Texas and found that the
minimum grade, size, quality, and maturity requirements for onions
imported during that period should be the same as those established for
South Texas onions under Marketing Order No. 959. The Secretary further
determined that onions imported during the June 16 through March 9
period were in most direct competition with onions grown in Idaho-
Eastern Oregon and that the minimum grade, size, quality, and maturity
requirements for onions imported during that period should be the same
as those established for Idaho-Eastern Oregon onions under Marketing
Order No. 959.
Based on a recommendation of the South Texas Onion Committee
(committee), the agency responsible for local administration of
Marketing Order No. 959, the Department has changed the end of the
South Texas regulatory period from June 15 to June 4. Because South
Texas onions will no longer be regulated after June 4, and Idaho-
Eastern Oregon onions are regulated throughout the year, the Department
has determined that onions imported during the March 10 through June 4
period are in most direct competition with onions produced in South
Texas and that the minimum grade, size, quality, and maturity
requirements established under the South Texas marketing order should
apply to onions imported during the March 10 through June 4 period,
instead of the previous March 10 through June 15 period. Imports of
onions during the June 5 through March 9 period will be required to
meet minimum grade, size, quality, and maturity requirements based on
those established under the Idaho-Eastern Oregon marketing order.
The proposed rule concerning this action was published in the
February 9, 1996, Federal Register (61 FR 4941), with a 30-day comment
period ending March 11, 1996. No comments were received.
In accordance with section 8e of the Act, the U.S. Trade
Representative has concurred with the issuance of this final rule.
Based on the above, the AMS has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
After consideration of all relevant matter presented, it is hereby
found that this rule, as hereinafter set forth, will tend to effectuate
the declared policy of the Act.
Pursuant to 5 U.S.C 553, it is further found that good cause exists
for not postponing the effective date of this action until 30 days
after publication in the Federal Register because: (1) This regulation
imposes no additional restrictions on onion importers by ending import
requirements based on South Texas on June 4 of each season rather than
June 15 of each season; (2) section 8e of the Act requires import
requirements based on South Texas (7 CFR part 959) to change to those
based on Idaho-Eastern Oregon (7 CFR part 958) when South Texas is no
longer the area of production with which the imported commodity is in
most direct competition; (3) changing the ending date of the domestic
regulation was discussed at a public meeting, and all interested
persons had an opportunity to provide input; and (4) there are no
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regulatory burdens imposed by this rule which require special
preparations of importers.
List of Subjects in 7 CFR Part 980
Food grades and standards, Imports, Marketing agreements, Onions,
Potatoes, Tomatoes.
For the reasons set forth in the preamble, 7 CFR part 980 is hereby
amended as follows:
PART 980--VEGETABLES; IMPORT REGULATIONS
1. The authority citation for 7 CFR part 980 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
Sec. 980.117 [Amended]
2. In Sec. 980.117, paragraph (a)(2) is amended by removing ``June
16'' and adding in its place ``June 5'' and by removing ``June 15'' and
adding in its place ``June 4''; paragraph (b)(1) is amended by removing
``June 16'' and adding in its place ``June 5''; and paragraph (b)(2) is
amended by removing ``June 15'' and adding in its place ``June 4.''
Dated: May 14, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-12836 Filed 5-21-96; 8:45 am]
BILLING CODE 3410-02-P
