[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Proposed Rules]
[Pages 4941-4942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2751]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 980

[FV95-980-1PR]


Vegetables; Import Regulations; Modification of Regulatory Time 
Periods for Imported Onions

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.

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

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. The proposed change is needed to make the onion 
import requirements consistent with regulatory time period changes made 
under the South Texas onion marketing order. This action is required by 
section 8e of the Agricultural Marketing Agreement Act of 1937.

DATES: Comments must be received by March 11, 1996.

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; Fax number (202) 720-5698. 
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 number (202) 720-5698.

SUPPLEMENTARY INFORMATION: This proposal 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 rule in 
conformance with Executive Order 12866. This proposed rule has been 
reviewed under Executive Order 12778, Civil Justice Reform. This 
proposed rule is not intended to have retroactive effect. This proposed 
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 
148 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 which regulate the handling 
of 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 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 

[[Page 4942]]
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 is proposing to change the end 
of the South Texas regulatory period from June 15 to June 4. Because 
South Texas onions would no longer be regulated after June 4, and 
Idaho-Eastern Oregon onions are regulated throughout the year, it is 
proposed 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 current March 10 through June 15 period. Imports of onions during 
the June 5 through March 9 period should be required to meet minimum 
grade, size, quality, and maturity requirements based on those 
established under the Idaho-Eastern Oregon marketing order.
    In accordance with section 8e of the Act, the U.S. Trade 
Representative has concurred with the issuance of this proposed rule.
    Based on the above, the Administrator of the AMS has determined 
that this action would not have a significant economic impact on a 
substantial number of small entities.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. All written comments timely received will be 
considered before a final determination is made on this matter.

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 ``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: January 31, 1996.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-2751 Filed 2-8-96; 8:45 am]
BILLING CODE 3410-02-P