47048 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

shipments were around 3.3 million 

cartons. Based on the average f.o.b. 

price, a majority of Florida white 

seedless grapefruit handlers could be 

considered small businesses under 

SBA’s definition. In addition, based on 

production and grower prices reported 

by the National Agricultural Statistics 

Service, and the total number of Florida 

citrus producers, the average annual 

producer revenue is less than $750,000. 

Information from the Foreign 

Agricultural Service, USDA, indicates 

that the dollar value of imported fresh 

grapefruit ranged from approximately 

$2.14 million in 2006 to $2.06 million 

in 2008. Using these values, all 

importers would have annual receipts of 

less than $7 million for grapefruit. 

Therefore, the majority of handlers, 

producers and importers of white 

seedless grapefruit may be classified as 

small entities. 

This rule continues in effect the 

action that relaxed the minimum size 

requirement for white seedless 

grapefruit grown in Florida and 

imported white seedless grapefruit. This 

rule relaxes the minimum size 

requirement for domestic and import 

shipments from 39⁄16 inches to 35⁄16

inches. This change maximizes fresh 

white seedless grapefruit shipments and 

provides greater flexibility to handlers 

and importers. This rule amends the 

provisions of §§ 905.306 and 944.106. 

Authority for the change in the order’s 

rules and regulations is provided in 

§ 905.52. The change in the import 

regulation is required under section 8e 

of the Act. 

This action is not expected to increase 

costs associated with the order 

requirements or the grapefruit import 

regulation. Rather, this action represents 

a cost savings for handlers and has the 

potential to increase industry returns. 

This change makes the minimum size 

requirement the same for both the 

domestic and export markets. Having 

the same minimum size requirement for 

both domestic and export shipments 

makes it easier to move fruit to available 

markets without having to repack fruit 

to meet the differing size requirements. 

This reduces costs and provides greater 

flexibility for handlers. Importers also 

benefit from this change, as a greater 

volume of fruit is available for shipment 

to the United States. The opportunities 

and benefits of this rule are equally 

available to all grapefruit handlers, 

growers, and importers, regardless of 

their size. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

grapefruit 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’s meeting was 

widely publicized throughout the 

Florida citrus industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the December 16, 2008, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Comments on the interim final rule 

were required to be received on or 

before April 8, 2009. No comments were 

received. Therefore, for the reasons 

given in the interim final rule, we are 

adopting the interim final rule as a final 

rule, without change. 

To view the interim final rule, go to: 

http://www.regulations.gov/search/

Regs/home.html#searchResults?Ne=

11+8+8053+8098+8074+8066+8084+1&

Ntt=AMS–FV–09–0002&Ntk=All&Ntx=

mode+matchall&N=0. 

This action also affirms information 

contained in the interim final rule 

concerning Executive Orders 12866 and 

12988, the Paperwork Reduction Act (44 

U.S.C. Chapter 35), and the E-Gov Act 

(44 U.S.C. 101). 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this final rule. 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (74 FR 15641, April 7, 2009) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects 

7 CFR Part 905 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements, Tangelos, Tangerines. 

7 CFR Part 944 

Avocados, Food grades and standards, 

Grapefruit, Grapes, Imports, Kiwifruit, 

Limes, Olives, Oranges. 

PARTS 905 AND 944—[AMENDED] 

■ Accordingly, the interim final rule 

that amended 7 CFR parts 905 and 944 

and that was published at 74 FR 15641 

on April 7, 2009, is adopted as a final 

rule, without change. 

Dated: September 9, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–22114 Filed 9–14–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 959 

[Doc. No. AMS–FV–09–0012; FV09–959–1 

FIR] 

Onions Grown in South Texas; Change 

in Regulatory Period 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim final rule 

as final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that revised the regulatory 

period during which minimum grade, 

size, quality, and maturity requirements 

are in effect for onions grown in South 

Texas under Marketing Order No. 959 

(order). The interim final rule shortened 

the regulatory period from March 1 

through July 15 to March 1 through June 

4. The relaxation in the interim final 

rule was necessary to enable producers 

and handlers to compete more 

effectively in the marketplace. 

DATES: Effective Date: Effective 

September 16, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Belinda G. Garza, Regional Manager, 

Texas Marketing Field Office, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (956) 682–2833, Fax: (956) 

682–5942; or E-mail: 

Belinda.Garza@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide; or 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@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

959, as amended (7 CFR part 959), 


srobinson on DSKHWCL6B1PROD with RULES
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 47049 

regulating the handling of onions 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.’’ 

Section 8e of the Act provides that 

whenever certain specified 

commodities, including onions, are 

regulated under a Federal marketing 

order, imports of these commodities 

into the United States are prohibited 

unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. The interim final rule had 

no impact on the import regulation for 

onions. 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

The handling of onions grown in 

South Texas is regulated by 7 CFR part 

959. Section 959.322 of the order’s rules 

and regulations provides that the 

handling of South Texas onions shall be 

subject to specified grade, size, and 

inspection requirements. That section 

also prescribes the time period during 

which such regulatory requirements for 

South Texas onions are in effect. 

Previously, the regulatory period during 

which regulations were in effect ran 

from March 1 to July 15. 

In an interim final rule published in 

the Federal Register on April 24, 2009, 

and effective on April 25, 2009 (74 FR 

18621, Doc. No. AMS–FV–09–0012, 

FV09–959–1 IFR), § 959.322 was 

amended by changing the ending date of 

the regulatory period to June 4, except 

that onions handled from June 5 

through July 15 would continue to be 

inspected. Relaxing the regulation helps 

shippers in districts with later 

production compete in the market with 

shippers from non-regulated production 

areas. Continuing the inspection 

requirement through July 15 allows the 

South Texas Onion Committee 

(Committee) to continue collecting 

assessments through the end of the 

onion season in order to consistently 

fund onion promotion and research 

projects under the order. 

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 

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 rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

Industry Information 

There are approximately 84 producers 

of onions in the production area and 

approximately 31 handlers subject to 

regulation under the order. Small 

agricultural producers are defined by 

the Small Business Administration 

(SBA) (13 CFR 121.201) as those having 

annual receipts of less than $750,000. 

Small agricultural service firms are 

defined as those having annual receipts 

of less than $7,000,000. 

Most of the South Texas handlers are 

vertically integrated corporations 

involved in producing, shipping, and 

marketing onions. For the 2007–08 

marketing year, the industry’s 31 

handlers shipped onions produced on 

10,978 acres with the average and 

median volume handled being 202,245 

and 176,551 fifty-pound equivalents, 

respectively. In terms of production 

value, total revenues for the 31 handlers 

were estimated to be $174.7 million, 

with average and median revenues 

being $5.64 million and $4.92 million, 

respectively. 

The South Texas onion industry is 

characterized by producers and 

handlers whose farming operations 

generally involve more than one 

commodity, and whose income from 

farming operations is not exclusively 

dependent on the production of onions. 

Alternative crops provide an 

opportunity to utilize many of the same 

facilities and equipment not in use 

when the onion production season is 

complete. For this reason, typical onion 

producers and handlers either produce 

multiple crops or alternate crops within 

a single year. 

Based on the SBA’s definition of 

small entities, the Committee estimates 

that all of the 31 handlers regulated by 

the order would be considered small 

entities if only their onion revenues are 

considered. However, revenues from 

other farming enterprises could result in 

a number of these handlers being above 

the $7,000,000 annual receipt threshold. 

All of the 84 producers may be 

classified as small entities based on the 

SBA definition if only their revenue 

from onions is considered. 

This rule continues in effect the 

action that shortened the ending date of 

the order’s regulatory period for Texas 

onions shipped to the fresh market from 

July 15 to June 4 of each year. This 

action, which was unanimously 

recommended by the Committee, 

shortened the regulatory period during 

which minimum grade, size, quality, 

and maturity requirements are in effect 

for onions grown under the order. 

Authorization to implement such 

regulations is provided in § 959.52(b) of 

the order. Regulatory requirements 

authorized under this section are 

provided in § 959.322. 

The interim final rule provided that 

fresh onion shipments from the South 

Texas onion production areas meet 

minimum grade, size, quality, and 

maturity requirements from March 1 

through June 4 of each year. Inspection 

requirements will continue through July 

15. Previously, regulations required that 

onions grown in the production area 

meet order requirements from March 1 

through July 15 of each year. Prior to the 

2007 marketing season, the regulatory 

period was from March 1 through June 

4. In 2007, the regulatory period was 

extended from June 4 to July 15. At that 

time, the Committee believed that 

applying quality requirements for a 

longer time period was necessary to 

accommodate an extended growing 

season. 

After two seasons’ experience, District 

2 producers and handlers requested that 

the Committee reconsider the previous 

regulatory extension. Onions subject to 

quality requirements under the order 

from June 5 to July 15 had been 

competing in the market with nonregulated onions from growing areas 

outside the order. Relaxing the 

requirements by changing the ending 

date of the regulatory period back to 

June 4 relieves District 2 handlers of the 

resulting inequity and enables them to 

be more competitive with shippers from 

other production areas. 

Under the order, the Committee 

collects assessments from handlers 

based on inspection of onions to be 

shipped to market. The Committee’s 

recommendation to continue the 

inspection requirement to July 15 allows 

the Committee to continue to collect 

assessments through the end of the 

season. This revenue will continue to be 

used by the Committee to fund its 

operations, including consistent funding 

for onion promotion and research 

projects under the order. 

One alternative to such action would 

have been to not change the regulatory 

period back to June 4. However, the 

Committee believed that leaving the 

quality requirements in place for the 

entire season would not have been as 

beneficial for those shipping onions in 

the latter part of the season. 


srobinson on DSKHWCL6B1PROD with RULES
47050 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Rules and Regulations 

This rule does not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

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, as noted in the initial 

regulatory flexibility analysis, USDA 

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 South 

Texas onion industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. All Committee meetings 

are public meetings and all entities, 

both large and small, are able to express 

their views. 

This action also affirms information 

contained in the interim final rule 

concerning Executive Orders 12866 and 

12988, the Paperwork Reduction Act (44 

U.S.C. Chapter 35), and the E-Gov Act 

(44 U.S.C. 101). 

Comments on the interim final rule 

were required to be received on or 

before June 23, 2009. No comments 

were received. Therefore, for the reasons 

given in the interim final rule, we are 

adopting the interim final rule as a final 

rule, without change. 

To view the interim final rule, go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=AMS-FV09-0012. 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (74 FR 18621; April 24, 2009) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 959 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

PART 959—[AMENDED] 

■ Accordingly, the interim final rule 

amending 7 CFR part 959 which was 

published at 74 FR 18621 on April 24, 

2009, is adopted as a final rule without 

change. 

Dated: September 9, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–22115 Filed 9–14–09; 8:45 am] 

BILLING CODE 3410–02–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

12 CFR Part 329 

RIN 3064–AD46 

Interest on Deposits 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Final rule. 

SUMMARY: The Federal Deposit 

Insurance Corporation (FDIC) is 

amending its regulations to eliminate 

restrictions on certain kinds of transfers 

from savings deposits for state chartered 

banks that are not members of the 

Federal Reserve System and insured 

branches of foreign banks. The Board of 

Governors of the Federal Reserve 

System (the FRB) has already amended 

its regulations to eliminate these 

restrictions for member banks. Because 

this change is ministerial, the FDIC has 

determined for good cause that public 

notice and comment is unnecessary and 

impracticable under the Administrative 

Procedure Act (the APA) and is 

implementing this change by means of 

a final rule without notice and 

comment. 

DATES: This rule is effective on 

September 15, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mark Mellon, Counsel, Legal Division, 

(202) 898–3884 or Samuel Frumkin, 

Senior Policy Analyst (Compliance), 

Compliance Policy Section, Division of 

Supervision and Consumer Protection, 

(202) 898–6602, 550 17th Street, NW., 

Washington, DC 20429. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. FRB Amendments to Regulation D 

On May 20, 2009, the FRB announced 

the approval of final amendments to 12 

CFR part 204, Reserve Requirements of 

Depository Institutions (Regulation D). 

Among other changes, the amendments 

will eliminate restrictions on certain 

types of transfers that consumers can 

make from savings deposits. See 74 FR 

25629 (May 29, 2009). The changes were 

effective 30 days from the date of 

publication in the Federal Register, that 

is, July 2, 2009. 

Prior to the FRB amendments, 

Regulation D limited the number of 

‘‘convenient’’ transfers and withdrawals 

from savings deposits to not more than 

six per month. Within this overall limit 

of six, not more than three transfers or 

withdrawals could be made by check, 

debit card, or similar order made by the 

depositor and payable to third parties 

(the three transfer sublimit). Under the 

FRB final amendments, the permissible 

monthly number of transfers or 

withdrawals from savings deposits by 

check, debit card, or similar order 

payable to third parties has been 

increased from three to six. In other 

words, while the FRB has decided to 

retain the overall six-transfer limit for 

savings deposits, it has eliminated the 

three-transfer sublimit within the 

overall limit that applied to transfers or 

withdrawals from savings deposits by 

check, debit card, or similar order 

payable to third parties. The FRB 

decided to eliminate the three transfer 

sublimit because distinctions between 

such transfers and other types of preauthorized or automatic transfers 

subject to the six-per-month limit were 

no longer logical in light of 

technological advances. See 74 FR 

25631. 

B. FDIC Responsibilities Under Section 

18(g) of the Federal Deposit Insurance 

(FDI) Act 

Section 18(g) of the FDI Act (12 U.S.C. 

1828(g)) provides that the Board of 

Directors of the FDIC shall by regulation 

prohibit the payment of interest or 

dividends on demand deposits in 

insured nonmember banks and in 

insured branches of foreign banks. 

Accordingly, the FDIC promulgated 

regulations prohibiting the payment of 

interest or dividends on demand 

deposits at 12 CFR part 329. See 51 FR 

10808 (Mar. 31, 1986). Section 18(g) of 

the FDI Act also provides that the FDIC 

shall make such exceptions to this 

prohibition as are prescribed with 

respect to demand deposits in member 

banks by section 19 of the Federal 

Reserve Act, as amended, or by 

regulation of the FRB. 

Generally, member banks, state 

nonmember banks and insured branches 

of foreign banks are subject to the 

statutory prohibition and exceptions to 

that prohibition, although under 

different statutes and regulations. From 

time to time the FRB issues or 

authorizes a new exception to the 

prohibition applicable to member banks, 

and the FDIC later issues or authorizes 

a similar exception affecting state 

nonmember banks and insured branches 

of foreign banks, as is the case in this 

particular rulemaking. Note, however, 

that under section 329.3 of part 329, 

state nonmember banks and insured 

branches of foreign banks are already 

subject to the same exceptions to the 

prohibition that member banks are 

subject to, regardless of whether the 

FDIC has issued or authorized the 

specific exception. See 63 FR 8341 (Feb. 

19, 1998). 


srobinson on DSKHWCL6B1PROD with RULES