[Federal Register Volume 88, Number 34 (Tuesday, February 21, 2023)]
[Proposed Rules]
[Page 10481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03542]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 88, No. 34 / Tuesday, February 21, 2023 / 
Proposed Rules  

[[Page 10481]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959 and 980

[Doc. No. AMS-SC-21-0003; SC21-959-2]


Onions Grown in South Texas and Imported Onions; Termination of 
Marketing Order 959 and Change in Import Requirements; Withdrawal

AGENCY: Agricultural Marketing Service, Department of Agriculture 
(USDA).

ACTION: Proposed rule; withdrawal.

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SUMMARY: The Agricultural Marketing Service (AMS) is withdrawing the 
proposed rule to terminate the Federal marketing order regulating the 
handling of onions grown in South Texas and the rules and regulations 
issued thereunder, and the proposed corresponding change to the onion 
import regulation. After reviewing the results of a second producer 
referendum and considering the comments received on the proposed rule, 
the proposed rule is being withdrawn.

DATES: The proposed rule published August 5, 2021 at 86 FR 42748 and 
re-opened on November 8, 2021 at 86 FR 61718, is withdrawn as of 
February 21, 2023.

FOR FURTHER INFORMATION CONTACT: Abigail Maharaj, Marketing Specialist, 
or Christian D. Nissen, Branch Chief, Southeast Region Branch, Market 
Development Division, Specialty Crops Program, AMS, USDA; Telephone: 
(863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] 
or [email protected].

SUPPLEMENTARY INFORMATION: This withdrawal is issued under Marketing 
Order No. 959, as amended (7 CFR part 959), regulating the handling of 
onions grown in South Texas. Part 959 (referred to as 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 
South Texas Onion Committee (Committee) locally administers the Order 
and is comprised of producers and handlers operating within the 
production area.
    The withdrawal is also issued under section 8e of the Act (7 U.S.C. 
608e-1), which provides whenever certain specified commodities, 
including onions, are regulated under a Federal marketing order, 
imports of those commodities into the United States are prohibited 
unless they meet the same or comparable grade, size, quality, and 
maturity requirements as those in effect for the same domestically 
produced commodities.
    This action withdraws a proposed rule published in the Federal 
Register on August 5, 2021 (86 FR 42748), seeking public input on 
terminating the Order and the rules and regulations issued thereunder 
and making a corresponding change in the onion import requirements. AMS 
reopened the public comment period for the proposed rule for an 
additional 30 days in a notice published in the Federal Register on 
November 8, 2021 (86 FR 61718). The proposed termination was based on 
the results of a continuance referendum conducted by USDA from 
September 21 to October 13, 2020, in which producers failed to support 
the continuation of the Order. Section 959.84(d) of the Order provides 
that USDA shall conduct a referendum within six years after the 
establishment of the Order and every sixth year thereafter to ascertain 
whether continuance is favored by producers. The section further 
provides that USDA would consider termination of the Order if fewer 
than two-thirds of the producers voting in the referendum, and 
producers of less than two-thirds of the volume of onions represented 
in the referendum favor continuance.
    During both comment periods, AMS received a combined total of 90 
comments. All the comments may be viewed on the internet at https://www.regulations.gov. Of the comments received, 5 comments indicated 
support for termination, with 85 comments indicating opposition to 
termination. Thirty-three of all comments were from the production 
area, with 31 opposing termination of the Order. After reviewing and 
considering all comments received during both comment periods, the 
Secretary of Agriculture determined conducting a second referendum as 
appropriate to better assess the level of producer support for the 
continuation of the Order. AMS conducted the second referendum 
September 1 through October 3, 2022, and continuance of the Order 
received the support of 78.6 percent of South Texas onion producers 
voting in the referendum. Continuance was favored by 73.7 percent of 
the volume voted in the referendum.
    After reviewing all relevant materials, AMS determined the proposed 
rule to terminate the Order should be withdrawn. Accordingly, the 
proposed rule to terminate the Order that was published in the Federal 
Register on August 5, 2021 is hereby withdrawn. In addition, 
enforcement of the obligation to pay assessments at the rate of $0.05 
per 50-pound equivalent, which was administratively suspended on March 
15, 2021, is re-instated for the 2022-23 fiscal period and subsequent 
fiscal periods, as published in the Federal Register on June 30, 2020 
(85 FR 39047).

List of Subjects

7 CFR Part 959

    Marketing agreements, Onions, Reporting and recordkeeping 
requirements.

7 CFR Part 980

    Food grades and standards, Imports, Marketing agreements, Onions, 
Potatoes, Tomatoes.

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

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-03542 Filed 2-17-23; 8:45 am]
BILLING CODE P