[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15719]


[[Page Unknown]]

[Federal Register: June 29, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 980

[FV94-980-1PR]

 

Vegetables; Import Regulations; Modification of Regulatory Time 
Periods for Imported Onions and Establishment of Requirements for Red 
Variety Onions

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: This proposed rule would modify 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. This proposal also would establish import 
requirements for red variety onions based on South Texas requirements. 
The proposed changes are needed to make the onion import requirements 
consistent with changes to the South Texas onion marketing order, as 
required by section 8e of the Agricultural Marketing Agreement Act of 
1937 (Act).

DATES: Comments must be received by July 29, 1994.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed 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. 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:

Robert F. Matthews, Marketing Specialist, Marketing Order 
Administration Branch, F&V, AMS, USDA, room 2525-S, P.O. Box 96456, 
Washington, DC 20090-6456: telephone: (202) 690-0464, Fax (202) 720-
5698.

SUPPLEMENTARY INFORMATION: This rule is proposed 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 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. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this proposed 
rule.
    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. There are approximately 
40 importers of onions who would be affected by this proposal. 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 to regulate domestically 
produced products. Thus, this proposed 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 
proposes to modify the dates when imported onions, including red 
variety onions, are regulated based on requirements of the South Texas 
onion and Idaho-Eastern Oregon onion marketing orders.
    Section 8e provides that whenever certain specified commodities, 
including onions, are regulated under a Federal marketing order, 
imports of that commodity must meet the same or comparable grade, size, 
quality, and maturity requirements as those in effect for the 
domestically produced commodity. The Act further provides that when two 
or more marketing orders covering the same commodity are concurrently 
in effect, imports will be subject to the requirements established for 
the commodity grown in the area with which the imported commodity is in 
most direct competition.
    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 were regulated from March 1 through May 20 each year. On 
the basis of past shipment data, the Secretary of Agriculture 
(Secretary) had determined that onions imported during the March 10 
through May 20 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 May 21 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 extended the end of the 
South Texas regulatory period from May 20 to June 15. The Fruit and 
Vegetable Division's Market News Service has reported no onion 
shipments of commercial quantities from the Idaho-Easter Oregon 
production area during June from the 1990 through 1993 period, and only 
one year during this period, 1993, were onion shipments recorded during 
May. Therefore, onions imported during the period March 10 through June 
15 are in most direct competition with those produced in South Texas.
    Thus, now that the change in the regulatory period for South Texas 
onions is effective, a corresponding change must be made in the onion 
import regulation so that the requirements established under the South 
Texas marketing order would be the determining requirements for onions 
imported during the May 21 through June 15 period. Currently, imports 
of onions during that period are required to meet minimum requirements 
based on those established under the Idaho-Eastern Oregon marketing 
order. This rule proposes to change onion import requirements to be the 
same as the South Texas requirements during that period. With that 
adjustment, the onion import requirement would be based on the 
requirements for South Texas onions during the period March 10 through 
June 15, and would be based on the requirements for Idaho-Eastern 
Oregon onions during the June 16 through March 9 period.
    Red onion varieties are subject to minimum grade, size, quality, 
and maturity requirements under the Idaho-Eastern Oregon marketing 
order, but those requirements are not in effect for imported red onions 
during the South Texas regulatory period. Red onion varieties are not 
currently regulated under the South Texas onion order. However, based 
on a recommendation of the committee, the Department has established 
minimum requirements for red onion varieties grown in the South Texas 
production area. Since South Texas red onion varieties are regulated, 
red onions, imported from March 10 to May 20 would be required to grade 
at least U.S. No. 1 with a 20 percent defect allowance and 1 and \3/4\ 
inch minimum diameter. This requirement would be in effect through June 
15 as the South Texas regulatory period has been extended to June 15.
    Based on these considerations, the Administrator of the AMS has 
determined that this action would not have a significant economic 
impact on a substantial number of small entities.
    In accordance with section 8e of the Act, the U.S. Trade 
Representative has concurred with the issuance of this proposed rule.
    Interested persons are invited to submit their views and comments 
on this proposal. A 30-day comment period is provided.

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 
proposed to be 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 ``May 
21'' and adding in its place ``June 16'' and by removing ``May 20'' and 
adding in its place ``June 15''; paragraph (b)(1) is amended by 
removing ``May 21'' and adding in its place ``June 16''; and paragraph 
(b)(2) is amended by removing ``May 20'' and adding in its place ``June 
15''.

    Dated: June 23, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-15719 Filed 6-28-94; 8:45 am]
BILLING CODE 3410-02-M