[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