[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75787-75788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30671]



[[Page 75787]]

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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 958

[Doc. No. AMS-FV-15-0027; FV15-958-1 FIR]


Onions Grown in Certain Designated Counties in Idaho, and Malheur 
County, Oregon; Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that implemented a recommendation 
from the Idaho-Eastern Oregon Onion Committee (Committee) to decrease 
the assessment rate established for the 2015-2016 and subsequent fiscal 
periods from $0.10 to $0.05 per hundredweight of onions handled under 
the Idaho-Eastern Oregon onion marketing order (order). The Committee 
locally administers the order and is comprised of producers and 
handlers of onions operating within the area of production. Assessments 
upon onion handlers are used by the Committee to fund reasonable and 
necessary expenses of the program. The fiscal period begins July 1 and 
ends June 30. The assessment rate will remain in effect indefinitely 
unless modified, suspended, or terminated.

DATES: Effective December 7, 2015.

FOR FURTHER INFORMATION CONTACT: Sue Coleman, Marketing Specialist, or 
Gary D. Olson, Regional Director, Northwest Marketing Field Office, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: 
[email protected] or [email protected].
    Small businesses may obtain information on complying with this and 
other marketing order and agreement regulations by viewing a guide at 
the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Jeffrey Smutny, Marketing Order and 
Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 130 and Order No. 958, both as amended (7 CFR part 958), 
regulating the handling of onions grown in designated counties in 
Idaho, and Malheur County, Oregon, hereinafter referred to as the 
``order.'' The order is 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 of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    Under the order, Idaho-Eastern Oregon onion handlers are subject to 
assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable onions for the entire crop year, and continue indefinitely 
until amended, suspended, or terminated. The Committee's fiscal period 
begins on July 1, and ends on June 30.
    In an interim rule published in the Federal Register on August 19, 
2015, and effective on August 20, 2015 (80 FR 50193, Doc. No. AMS-FV-
15-0027, FV15-958-1 IR) Sec.  958.240 was amended by decreasing the 
assessment rate established for Idaho-Eastern Oregon onions for the 
2015-2016 and subsequent fiscal periods from $0.10 to $0.05 per 
hundredweight of onions. The decrease in the assessment rate takes into 
account budget reductions in the Committee's promotion program while 
still providing adequate funding to meet program expenses.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this rule 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 
businesses 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.
    There are approximately 250 producers of onions in the production 
area and approximately 31 handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration as those having annual receipts less than 
$750,000, and small agricultural service firms are defined as those 
whose annual receipts are less than $7,000,000 (13 CFR 121.201).
    According to the National Agricultural Statistics Service, as 
reported in the Vegetables 2014 Summary, the total freight on board 
(f.o.b.) value of onions in the regulated production area for 2014 was 
$100,951,000. Based on an industry estimate of 31 handlers, the average 
value of onions handled per handler is $3,256,484, well below the SBA 
threshold for defining small agricultural service firms. In addition, 
based on an industry estimate of 250 producers, the average f.o.b. 
value of onions produced in the production area is $403,804 per 
producer. Therefore, it can be concluded that the majority of handlers 
and producers of Idaho-Eastern Oregon onions may be classified as small 
entities.
    This rule continues the action that decreased the assessment rate 
established for the Committee and collected from handlers for the 2015-
2016 and subsequent fiscal periods from $0.10 to $0.05 per 
hundredweight of onions handled. The Committee recommended 2015-2016 
expenditures of $705,473 and an assessment rate of $0.05 per 
hundredweight. The assessment rate of $0.05 is $0.05 lower than the 
2014-2015 rate. The quantity of assessable onions for the 2015-2016 
fiscal period is estimated at 8,800,000 hundredweight. Thus, the $0.05 
rate should provide $440,000 in assessment income. Assessment income, 
along with interest and other income, contributions and grants, and 
funds from the Committee's authorized reserve, $217,223, should be 
adequate to cover budgeted expenses of $705,473.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers, and some of the costs may be passed on to 
producers. However, decreasing the assessment rate reduces the burden 
on handlers, and may reduce the burden on producers.
    In addition, the Committee's meeting was widely publicized 
throughout the Idaho-Eastern Oregon onion industry and all interested 
persons were invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the April 21, 
2015, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.

[[Page 75788]]

Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0178, Vegetable and Specialty Crops. No changes 
in those requirements as a result of this action are necessary. Should 
any changes become necessary, they would be submitted to OMB for 
approval.
    This action imposes no additional reporting or recordkeeping 
requirements on either small or large Idaho-Eastern Oregon 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 sector agencies.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.
    Comments on the interim rule were required to be received on or 
before October 19, 2015. No comments were received. Therefore, for the 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-15-0027-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, as published in the Federal Register 
(80 FR 50193, August 19, 2015) will tend to effectuate the declared 
policy of the Act.

List of Subjects in 7 CFR Part 958

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.


0
Accordingly, the interim rule amending 7 CFR part 958, which was 
published at 80 FR 50193 on August 19, 2015, is adopted as final 
without change.

    Dated: December 1, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-30671 Filed 12-3-15; 8:45 am]
 BILLING CODE P