[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6152]


[[Page Unknown]]

[Federal Register: March 17, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
7 CFR Part 955

[Docket No. FV94-955-1FR]

 

Vidalia Onions Grown in Georgia; Increased Expenses

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule; amendment.

-----------------------------------------------------------------------

SUMMARY: This final rule increases the level of authorized expenses 
under Marketing Order No. 955 for the 1993-94 fiscal period. 
Authorization of these increased expenses is needed to cover marketing 
expenditures in excess of those authorized in the Vidalia Onion 
Committee's (Committee) 1993-94 budget.

EFFECTIVE DATE: September 16, 1993, through September 15, 1994.

FOR FURTHER INFORMATION CONTACT: Martha Sue Clark, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, room 2523-S, Washington, DC 20090-6456, telephone 202-720-
9918, or William G. Pimental, Southeast Marketing Field Office, Fruit 
and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter Haven, FL 
33883-2276, telephone 813-299-4770.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 955 (7 CFR part 955), regulating the handling 
of Vidalia onions grown in Georgia. 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 is issuing this rule in conformance with Executive 
Order 12866.
    This final rule has been reviewed under Executive Order 12788, 
Civil Justice Reform. This rule increases the level of authorized 
expenditures for the 1993-94 fiscal period which began September 16, 
1993, and ends September 15, 1994. This final 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 requesting a modification of the order or to be exempted 
therefrom. Such 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 the requirements set forth in the Regulatory 
Flexibility Act (RFA), the Administrator of the Agricultural Marketing 
Service (AMS) has considered the economic impact of this rule 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 the 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 250 producers of Georgia Vidalia onions 
under this marketing order, and approximately 145 handlers. Small 
agricultural producers have been defined by the Small Business 
Administration (13 CFR 121.601) as those having annual receipts of less 
than $500,000, and small agricultural service firms are defined as 
those whose annual receipts are less than $3,500,000. The majority of 
Vidalia onion producers and handlers may be classified as small 
entities.
    The budget of increased expenses for the 1993-94 fiscal period was 
prepared by the Vidalia Onion Committee, the agency responsible for 
local administration of the marketing order, and submitted to the 
Department for approval. The members of the Committee are producers and 
handlers of Vidalia onions. They are familiar with the Committee's 
needs and with the costs of goods and services in their local area and 
are thus in a position to formulate an appropriate budget. The budget 
was formulated and discussed in a public meeting. Thus, all directly 
affected persons have had an opportunity to participate and provide 
input.
    The Committee met July 22, 1993, and unanimously recommended a 
1993-94 budget of $262,950, which included $82,500 for marketing. An 
interim final rule implementing that recommendation was published in 
the Federal Register on September 7, 1993 (58 FR 47023) and finalized 
on December 6, 1993 (58 FR 64103).
    The Committee subsequently met on February 17, 1994, and 
unanimously recommended an increase of $18,000 in its 1993-94 budget 
for the construction and purchase of a new trade show booth. The trade 
show booth is expected to cost $27,000 and will be used in conjunction 
with the Committee's Vidalia onion promotional efforts. The Committee 
recommended that $9,000 of current budget money be used and that the 
remaining $18,000 be taken from the authorized reserve, increasing 
marketing expenses from $82,500 to $100,500, and increasing the total 
budget from $262,950 to $280,950. The reserve, which currently totals 
$187,766, is within the maximum permitted by the order of three fiscal 
periods' expenses. There are adequate funds to cover this new 
expenditure, so no increase in the assessment rate was recommended.
    Since no increase in the assessment rate is being recommended, no 
additional costs will be imposed on handlers. Therefore, the 
Administrator of 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, including the 
information and recommendations submitted by the Committee and other 
available information, 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 also found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice or to engage in further public 
procedure 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) The fiscal 
period began on September 16, 1993, and the Committee needs to have 
approval to pay its expenses which are incurred on a continuous basis; 
(2) handlers are aware of this action which was unanimously recommended 
by the Committee at a public meeting; and (3) no increase in the 
assessment rate is being recommended so no additional funds will need 
to be collected from handlers.

List of Subjects in 7 CFR Part 955

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 955 is 
amended as follows:

PART 955--VIDALIA ONIONS GROWN IN GEORGIA

    1. The authority citation for 7 CFR part 955 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    Note: This section will not appear in the Code of Federal 
Regulations.


Sec. 955.20  [Amended]

    2. Section 955.206 is amended by revising ``$262,950'' to read 
``$280,950''.

    Dated: March 11, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-6152 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-02-P