[Federal Register Volume 59, Number 99 (Tuesday, May 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12587]


  Federal Register / Vol. 59, No. 99 / Tuesday, May 24, 1994 /
  
[[Page Unknown]]

[Federal Register: May 24, 1994]


                                                    VOL. 59, NO. 99

                                              Tuesday, May 24, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 959 and 979

[Docket No. FV93-959-3FIR]

 

Onions Grown in South Texas, and Melons Grown in South Texas; 
Revision of Continuing Handling Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule, without change, the provisions of an interim final rule 
that relaxed 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.

EFFECTIVE DATE: June 23, 1994.

FOR FURTHER INFORMATION CONTACT: Belinda G. Garza, McAllen Marketing 
Field Office, Fruit and Vegetable Division, AMS, USDA, 1313 East 
Hackberry, McAllen, TX 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 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 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 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 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 $5,000,000, 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.
    Previously, the regulations specified that onion and melon 
shipments must be accompanied by a copy of the inspection certificate 
or other documentary evidence indicating that the shipment had been 
inspected and met marketing order requirements and that such documents 
be presented to TDA road guard authorities. This rule continues to 
allow 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. Thus, the 
shipment release form may continue to 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 rule enables 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.
    The interim final rule was published in the Federal Register on 
March 22, 1994 (59 FR 13430). That rule provided a 30-day comment 
period which ended April 21, 1994. No comments were received.
    Based on the above, the Administrator of the AMS has determined 
that this rule 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 rule 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 finalizing the interim 
rule, without change, will tend to effectuate the declared policy of 
the Act.

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:
    1. The authority citation for 7 CFR parts 959 and 979 continues to 
read as follows:

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

PART 959--ONIONS GROWN IN SOUTH TEXAS

PART 979--MELONS GROWN IN SOUTH TEXAS

    Accordingly, the interim final rule amending Secs. 959.322 and 
979.304 which was published at 59 FR 13430 on March 22, 1994, is 
adopted as a final rule without change.

    Dated: May 18, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-12587 Filed 5-23-94; 8:45 am]
BILLING CODE 3410-02-P