[Federal Register Volume 65, Number 47 (Thursday, March 9, 2000)]
[Rules and Regulations]
[Pages 12442-12444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5771]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 955
[Docket No. FV00-955 2 FIR]
Vidalia Onions Grown in Georgia; Changing the Term of Office and
Nomination Deadlines
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
changing the term of office for the Vidalia Onion Committee
(Committee), and the time for conducting and submitting Committee
nominations under the Vidalia onion marketing order. The marketing
order regulates the handling of Vidalia onions grown in Georgia and is
administered locally by the Committee. This rule continues in effect
the change in the term of office from a 24-month period beginning
September 16 and ending September 15, to a 24-month period beginning
January 1 and ending December 31. It also continues in effect the
change in the month for conducting and submitting Committee producer
nominations from August to October of each year, and for the public
member and alternate member from November 1 to February 15. These
changes are expected to improve Committee and program operations.
EFFECTIVE DATE: April 10, 2000.
FOR FURTHER INFORMATION CONTACT: William G. Pimental, Southeast
Marketing Field Office, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA, P.O. Box 2276, Winter Haven, FL
33883-2276; telephone: (863) 299-4770, Fax: (863) 299-5169; or George
Kelhart, Technical Advisor, Marketing Order
[[Page 12443]]
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, room
2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)
720-2491, Fax: (202) 720-5698.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. Box 96456, room
2525-S, Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202)
720-5698, or E-mail: Jay.G[email protected].
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, hereinafter referred to as the
``order.'' 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 rule has been reviewed under Executive Order 12988, 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 to review the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after the date of the entry of the ruling.
This rule continues in effect the change in the term of office from
a 24-month period beginning September 16 and ending September 15, to a
24-month period beginning January 1 and ending December 31. It also
continues in effect the change in the times for conducting and
submitting Committee producer nominations from August 1 and 15, to
October 1 and 15, respectively, each year, and for the public member
and alternate member from November 1 to February 15. These changes are
expected to improve Committee and program operations.
Section 955.21 of the order provides that the term of office for
Committee members and alternates begins on September 16, or such other
period as the Committee may recommend and the Secretary approves. In
addition, Sec. 955.22 provides that the Committee shall hold or cause
to be held not later than August 1 of each year, or such other date as
may be specified by the Secretary, a meeting or meetings of growers for
the purpose of designating one nominee for each position as member and
for each position as alternate member of the Committee which is vacant,
or which is about to become vacant. Nominations for members and
alternates are required to be supplied to the Secretary in such manner
and form as the Secretary may prescribe, not later than August 15 of
each year, or by such date as may be specified by the Secretary. That
section further provides that the producer members shall nominate the
public member and alternate member at the first meeting following the
selection of members for a new term of office. The members and
alternates serve two-year terms of office and approximately one-half of
the total Committee membership is nominated and selected each year.
Nominations for the public member and alternate member are required to
be supplied to the Secretary in such manner and form as the Secretary
may prescribe, not later than November 1, or such other date as may be
specified by the Secretary.
An interim final rule was published in the Federal Register on
September 3, 1999 (64 FR 48243), which changed the fiscal period
established under the order to a calendar year basis (January 1-
December 31) from September 16-September 15 to more closely coincide
with the Vidalia onion marketing season. That interim final rule has
been adopted, without change, as a final rule published in the Federal
Register on December 27, 1999 (64 FR 72265). The new fiscal period is
specified in Sec. 955.113.
Over the past decade, technological changes in the industry,
including the adoption of Controlled Atmosphere (CA) storage of Vidalia
onions by three-fourths of the industry handlers, have extended the
harvesting and marketing season from April through June to an almost
year-round basis. While there are some added storage costs and losses
due to shrinkage with CA storage, these costs are more than offset by
prices received for Vidalia onions during the holiday season (November
and December).
On September 30, 1999, the Committee unanimously recommended that
the term of office continue to be established on the same basis as the
fiscal period. This rule continues in effect the change in the term of
office of Committee members and alternate members from a 24-month
period beginning September 16 and ending September 15, to a 24-month
period beginning January 1 and ending December 31. The changed term of
office is established in Sec. 955.121. Also, for the eight members and
alternates whose terms of office were scheduled to end on September 15,
1999, their terms of office continued through December 31, 1999, or
until qualified successors are selected. These positions on the
Committee were filled by the Secretary on February 24, 2000.
The Committee also recommended changes in the times for conducting
and submitting Committee producer member and alternate member
nominations to maintain the same approximate nomination deadlines as
provided currently. The dates changed from August 1 and August 15 to
October 1 and October 15, respectively, and are specified in
Sec. 955.122. The deadline for submitting nominations to the Secretary
for the public member and alternate changed from November 1 to February
15 to provide the same amount of time for submitting nominations as
previously provided after the newly selected Committee's first meeting
sometime after January 1. These changes are expected to improve
Committee and program operations.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities. Accordingly, AMS has
prepared this final regulatory flexibility analysis.
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 133 producers of Vidalia onions in the
production area and approximately 86 handlers subject to regulation
under the
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marketing order. Small agricultural producers have been defined by the
Small Business Administration (13 CFR 121.201) as those having annual
receipts less than $500,000, and small agricultural service firms are
defined as those whose annual receipts are less than $5,000,000.
Based on the Georgia Agricultural Statistical Service and committee
data, the average price for fresh Vidalia Onions during the 1998-99
season was $15.45 per 50-pound bag, or equivalent and shipments totaled
3,617,017 bags. Many Vidalia onion handlers ship other vegetable
products which are not included in the committee data, but would
contribute further to handler receipts.
Using the average price, about 97.4 percent of Vidalia Onion
handlers could be considered small businesses under the SBA definition.
The majority of Vidalia Onion producers and handlers may be classified
as small entities.
This rule continues in effect Sec. 955.121 to change the two-year
term of office to January 1-December 31 from September 16-September 15
to keep the term of office on a fiscal year basis. It also continues in
effect Sec. 955.122 to modify the deadlines when nominations are to be
held and reports of the nominations are to be made to the Secretary.
The changed deadlines provide the same amount of time for conducting
and submitting nominations for producer members and alternates and for
the public member and alternate as were provided previously. For
producer member and alternate members, the time for conducting
nominations was changed from August 1 to October 1, and the time for
submitting the nominations to Secretary was changed from August 15 to
October 15. The time for submitting the public member and alternate
public member nominations was changed from November 1 to February 15
for a new term of office. Also, for the eight Committee members and
alternates whose terms of office were scheduled to end on September 15,
1999, their terms of office continued through December 31, 1999, or
until qualified successors were selected. These positions on the
Committee were filled by the Secretary on February 24, 2000.
The changes in the term of office and the nomination deadlines
should not impose any additional costs on large or small firms in the
Vidalia onion industry. The changes merely bring the term of office and
the nomination deadlines into conformity with the recent change in the
fiscal period which was changed to a calendar year basis (January 1-
December 31) from September 16-September 15.
The Committee discussed the alternative of leaving the term of
office and nomination deadlines as they were. However, the Committee
believed that the term of office and nomination deadlines should
continue to be based on the fiscal period, which now is established on
a calendar year basis.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large Vidalia onion handlers. As with
all Federal marketing order programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sectors. In addition, as noted in
the initial regulatory flexibility analysis, the Department has not
identified any relevant Federal rules that duplicate, overlap or
conflict with this rule.
Further, the Committee's meeting was widely publicized throughout
the Vidalia onion industry and all interested persons were invited to
attend the meeting and participate in Committee deliberations. Like all
Committee meetings, the September 30, 1999, meeting was a public
meeting and all entities, both large and small, were able to express
their views on this issue.
An interim final rule concerning this action was published in the
Federal Register on December 27, 1999. Copies of the rule were mailed
by the Committee's staff to all Committee members and Vidalia onion
handlers. In addition, the rule was made available through the Internet
by the Office of the Federal Register. That rule provided for a 30-day
comment period which ended January 26, 2000. No comments were received.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at the
following website: http://www.ams.usda.gov/fv/moab.html. Any questions
about the compliance guide should be sent to Jay Guerber at the
previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
finalizing the interim final rule, without change, as published in the
Federal Register (64 FR 72267, December 27, 1999) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 955
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
PART 955--VIDALIA ONIONS GROWN IN GEORGIA
Accordingly, the interim final rule amending 7 CFR part 955 which
was published at 64 FR 72267, December 27, 1999, is adopted as a final
rule without change.
Dated: March 6, 2000.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 00-5771 Filed 3-8-00; 8:45 am]
BILLING CODE 3410-02-P