[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
________________________________________________________________________
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the proposed rule is being withdrawn.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re-opened on November 8, 2021 at 86 FR 61718, is withdrawn as of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]
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