Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68759

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

An interim final rule concerning this 

was published in the Federal Register

on August 16, 2004 (69 FR 50278). 

Copies of that rule were also mailed or 

sent via facsimile to all nectarine and 

peach handlers. Finally, the interim 

final rule was made available through 

the Internet by USDA and the Office of 

the Federal Register. A 60-day comment 

period was provided for interested 

persons to respond to the interim final 

rule. The comment period ended on 

October 15, 2004, and no comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/

fv/mb.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 

committees’ recommendations, and 

other information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act.

List of Subjects 

7 CFR Part 916

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements.

PART 916—NECTARINES GROWN IN 

CALIFORNIA

■ Accordingly, the interim final rule 

amending 7 CFR part 916 which was 

published at 69 FR 50278, on August 16, 

2004, is adopted as a final rule without 

change.

PART 917—PEACHES GROWN IN 

CALIFORNIA

■ Accordingly, the interim final rule 

amending 7 CFR part 917 which was 

published at 69 FR 50278, on August 16, 

2004 is adopted as a final rule without 

change.

Dated: November 19, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–26121 Filed 11–24–04; 8:45 am] 

BILLING CODE 3410–02–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 955

[Docket No. FV04–955–1 IFR] 

Vidalia Onions Grown in Georgia; 

Change in Assessment Requirements

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule changes the 

assessment collection requirements 

currently prescribed under the Vidalia 

onion marketing order (order). The 

order regulates the handling of Vidalia 

onions grown in Georgia and is 

administered locally by the Vidalia 

Onion Committee (Committee). 

Currently, assessment payments 

received in the Committee office later 

than 4 p.m. on the Tuesday following 

the week in which shipments are made 

are subject to late payment penalties. 

This action allows handlers to mail their 

assessment payments to the Committee 

office without incurring late payment 

penalties as long as the payment is 

postmarked on or before the due date.

DATES: November 27, 2004; comments 

received by January 25, 2005 will be 

considered prior to issuance of a final 

rule.

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; Fax: (202) 

720–8938; E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. 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, or 

can be viewed at: http://

www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT:

Doris Jamieson, Marketing Specialist, 

Southeast Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 799 Overlook Drive, Suite 

A, Winter Haven, Florida 33884; 

telephone: (863) 324–3375, Fax: (863) 

325–8793; or George Kelhart, Technical 

Advisor, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; telephone: 

(202) 720–2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov.

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 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 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 USDA 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 USDA 

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 USDA’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 changes the assessment 

collection requirements currently 

prescribed under the order. This action 

allows handlers to mail their assessment 

payments to the Committee office 

without incurring late payment 

penalties as long as the payment is 

postmarked on or before the due date. 

Assessment payments are due not later 

than 4 p.m. on the Tuesday following 

the week in which the shipments were 

68760 Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 

made. This change was unanimously 

recommended by the Committee at a 

meeting held on August 12, 2004. 

Section 955.42 of the order provides 

the authority for the formulation of an 

annual budget of expenses and the 

collection of assessments from handlers 

to administer the order. Section 

955.42(f) provides the authority to 

impose a late payment charge or an 

interest charge or both, on any handler 

who fails to pay assessments in a timely 

manner and the authority to establish 

the time and rate of such charges. 

Section 955.142 of the order’s rules and 

regulations outlines the procedures for 

applying interest charges to delinquent 

assessments. Both handler reports and 

assessment payments are to be 

submitted for each week during the 

fiscal period in which onions are 

shipped. Currently, handler reports and 

assessment payments are due at the 

Committee office not later than 4 p.m. 

on the Tuesday immediately following 

the week in which shipments were 

made. 

This rule modifies the requirements 

under § 955.142 to provide that as long 

as assessment payments received by 

mail are postmarked on or before the 

due date, the payments will be 

considered to be timely regardless of 

when they arrive at the Committee 

office. This change allows handlers the 

opportunity to mail their assessment 

payments without risking late payment 

penalties. This rule makes no change to 

the date and time handler reports and 

assessments are due. 

Many handlers have been submitting 

their weekly reports to the Committee 

via fax in order to have their reports in 

on time. Assessment checks are usually 

prepared at the same time and are hand 

carried to the Committee office or 

mailed. Checks mailed to the Committee 

office are often received several days 

after the date due. This has subjected 

handlers to an interest charge of one 

percent per week, beginning the day 

immediately after the date the 

assessments were due. 

The production area covered under 

the order encompasses all or parts of 

twenty counties in Georgia. It is not 

always cost effective to drive the 

distance to the Committee office to hand 

deliver the assessment check to ensure 

it makes it there on time. Depending on 

their location in the production area, 

handlers can be more than 100 miles 

from the Committee office. Even if the 

handler is within 20 miles of the 

Committee office, considering the costs 

involved, using the mail still represents 

the most effective method of delivering 

assessment payments. 

In its discussion of this issue, the 

Committee agreed that handlers should 

have the option to pay their assessments 

on time by the use of mail. If a check 

is postmarked by the required date, the 

Committee believes that handler should 

be viewed as paying their assessments 

in a timely manner. 

Therefore, the Committee 

unanimously voted to change the 

assessment collection requirements so 

that assessments received that are 

postmarked on or before the date they 

are due will be considered as meeting 

the deadline and will not be subject to 

late payment charges.

Initial Regulatory Flexibility Analysis 

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 

initial 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 145 

producers of Vidalia onions in the 

production area and approximately 110 

handlers subject to regulation under the 

marketing order. Small agricultural 

producers are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

less than $750,000, and small 

agricultural service firms, which 

include handlers, are defined as those 

whose annual receipts are less than 

$5,000,000. 

Based on information from the 

Georgia Agricultural Statistical Service 

and Committee data, around 90 percent 

of Vidalia onion handlers ship under 

$5,000,000 worth of onions on an 

annual basis. In addition, based on 

acreage, production, grower prices 

reported by the National Agricultural 

Statistics Service, and the total number 

of Vidalia onion growers, the average 

annual grower revenue is approximately 

$489,000. In view of the foregoing, it 

can be concluded that the majority of 

handlers and producers of Vidalia 

onions may be classified as small 

entities. 

This rule changes the assessment 

collection requirements currently 

prescribed under the order. This action 

allows handlers to mail their assessment 

payments to the Committee office 

without incurring late payment charges 

as long as the payment is postmarked on 

or before the due date. Assessment 

payments are due in the Committee 

office or are to be postmarked by the 

Tuesday following the week in which 

the shipments were made. This rule 

revises the provisions of § 955.142 of the 

rules and regulations outlining the 

procedures for applying interest charges 

to delinquent assessments. Authority for 

this action is provided for in § 955.42 of 

the order. This change was unanimously 

recommended by the Committee at a 

meeting held on August 12, 2004. 

This rule will not result in any 

additional costs for the handler or the 

grower. The purpose of this rule is to 

make it easier for the handler to submit 

their assessment payments using the 

mail without having to risk incurring 

additional costs and interest charges. 

For many handlers living a long 

distance from the Committee office, this 

will save them the time and costs 

associated with driving into the 

Committee office in order to pay their 

assessments on a timely basis. Having 

better access to the mail for their 

payment method will provide many 

handlers with a more cost-effective 

option. Thus, it is expected that this 

option will result in an overall cost 

savings. The savings will be available to 

all handlers, regardless of size. Also, as 

the vast majority of handlers are also 

growers, this action will have a like 

benefit for both large and small growers. 

The Committee did consider the 

option of making no change in the 

current regulation. However, Committee 

members believe that handlers also 

should be able to mail their assessments 

in a timely manner. Therefore, this 

option was rejected. 

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 sector agencies. In 

addition, USDA has not identified any 

relevant Federal rules that duplicate, 

overlap, or conflict with this rule. 

Further, the Committee 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 August 12, 

2004, meeting was a public meeting and 

all entities, both large and small, were 

able to express their views on this issue. 

Federal Register / Vol. 69, No. 227 / Friday, November 26, 2004 / Rules and Regulations 68761

Finally, interested persons are invited to 

submit information on the regulatory 

and informational impacts of this action 

on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: 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. 

This rule invites comments on a 

change to the assessment collection 

requirements currently prescribed under 

the Vidalia onion marketing order. Any 

comments received will be considered 

prior to finalization of this rule.

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim final rule, as hereinafter set 

forth, will tend to effectuate the 

declared policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register

because: (1) This action represents a 

relaxation in the regulations currently in 

effect; (2) the Committee unanimously 

recommended these changes at a public 

meeting and interested parties had an 

opportunity to provide input; and (3) 

this rule provides a 60-day comment 

period and any comments received will 

be considered prior to finalization of 

this rule.

List of Subjects in 7 CFR Part 955

Onions, Marketing agreements, 

Reporting and recordkeeping 

requirements.

■ For the reasons set forth in the 

preamble, 7 CFR part 955 is amended as 

follows:

PART 955—VIDALIA ONIONS GROWN 

IN GEORGIA

■ 1. The authority citation for 7 CFR part 

955 continues to read as follows:

Authority: 7 U.S.C. 601–674.

■ 2. Section 955.142 is amended by 

revising the second sentence to read as 

follows:

§ 955.142 Delinquent assessments. 

* * * Each such assessment shall be 

paid to the Committee not later than 4 

p.m. on the Tuesday immediately 

following the week in which the 

shipments were made, or if the 

assessment is sent by mail, it must be 

postmarked on or before the Tuesday 

immediately following the week in 

which the shipments were made. * * *

Dated: November 19, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–26122 Filed 11–24–04; 8:45 am] 

BILLING CODE 3410–02–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 979

[Docket No. FV05–979–1 IFR] 

Melons Grown in South Texas; 

Temporary Suspension of Handling 

and Assessment Collection 

Regulations

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule suspends, for the 

2004–05 fiscal period, the minimum 

grade, quality, maturity, container, pack, 

inspection, assessment collection, and 

other related requirements currently 

prescribed under the South Texas melon 

(cantaloupes and honeydews) marketing 

order (order). It also suspends reporting 

requirements, except for the acreage 

planting reports, which will continue to 

be required during the suspension 

period. The order regulates the handling 

of melons grown in South Texas and is 

administered locally by the South Texas 

Melon Committee (Committee). This 

rule will reduce handler costs while the 

industry evaluates whether the 

marketing order should be continued.

DATES: Effective November 27, 2004. 

Comments received by January 25, 2005 

will be considered prior to issuance of 

a final rule.

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue SW., STOP 0237, 

Washington, DC 20250–0237; Fax: (202) 

720–8938; E-mail: 

moab.docketclerk@usda.gov; or Internet: 

http://www.regulations.gov. 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, or 

can be viewed at: http://

www.ams.usda.gov/fv/moab.html.

FOR FURTHER INFORMATION CONTACT:

Belinda G. Garza, Texas Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1313 E. Hackberry, 

McAllen, Texas 78501; telephone: (956) 

682–2833, Fax: (956) 682–5942; or 

George Kelhart, Technical Advisor, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 156 and Order No. 979 (7 CFR part 

979), regulating the handling of melons 

grown in South Texas, 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 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 USDA 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 USDA 

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 USDA’s ruling on