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contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

65037 

Vol. 71, No. 215 

Tuesday, November 7, 2006 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 958 

[Docket No. FV06–958–1 IFR] 

Onions Grown in Certain Designated 

Counties in Idaho, and Malheur 

County, OR; Change in Reporting 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule changes the 

reporting requirements established 

under the Idaho-Eastern Oregon onion 

marketing order, which regulates the 

handling of onions grown in designated 

counties in Idaho and Oregon and is 

administered locally by the IdahoEastern Oregon Onion Committee. This 

rule: Establishes a credit application 

procedure for assessments paid on 

onions that are subsequently regraded, 

resorted, or repacked within the 

production area or diverted to exempt 

special purpose outlets; changes the 

reporting requirements for fresh onions 

for peeling, chopping, or slicing, and for 

special purpose shipments; adds 

‘‘disposal’’ as a special purpose 

shipment; and announces the 

Agricultural Marketing Service’s (AMS) 

intention to request emergency approval 

by the Office of Management and 

Budget (OMB) of a new information 

collection. These changes are intended 

to enhance the efficient operation of the 

program and improve compliance with 

the other provisions. 

DATES: Effective November 8, 2006; 

comments received by January 8, 2007 

will be considered prior to issuance of 

a final rule. Pursuant to the Paperwork 

Reduction Act, comments on the 

information collection burden that 

would result from this proposal must be 

received by January 8, 2007. 

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: 

moabdocket.clerk@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 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: 

Susan M. Hiller, Marketing Specialist or 

Gary D. Olson, Regional Manager, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Susan.Hiller@usda.gov or 

GaryD.Olson@usda.gov. 

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. 130 and Marketing 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 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 establishes an application 

procedure for handlers to receive credit 

for assessments paid on onions that are 

subsequently regraded, resorted, or 

repacked within the production area or 

diverted to exempt special purpose 

outlets; changes the reporting 

requirements for fresh onions for 

peeling, chopping, or slicing; changes 

the reporting requirements for special 

purpose shipments; adds ‘‘disposal’’ as 

a special purpose shipment; and 

announces the Agricultural Marketing 

Service’s intention to request emergency 

approval by the Office of Management 

and Budget (OMB) of a new information 

collection. These actions were 

unanimously recommended by the 

Committee at a meeting on June 15, 

2006. 

Section 958.53 provides authority for 

the Committee, with the approval of 

USDA, to exempt special purpose 

shipments from assessment and 

handling regulations established under 

the order. Under this authority, 

§ 958.328(e) exempts onions for 

planting, livestock feed, charity, 

dehydration, canning, freezing, 

extraction and pickling from the 

minimum grade, size, maturity, 

assessment and inspection 

requirements. Section 958.56 provides 

authority for the Committee, with the 

approval of USDA, to prescribe 

safeguards to prevent onions from 


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65038 Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations 

entering channels of trade for other than 

the purpose authorized. Safeguards in 

effect are delineated in § 958.328(f). 

Section 958.65 provides authority for 

the Committee, with the approval of 

USDA, to require such reports and other 

information as may be necessary for the 

Committee to perform its duties. 

The Committee conducted an 

industry-wide meeting on January 17, 

2006, to review the compliance and 

safeguard provisions of the order. The 

Committee appointed a Compliance 

Subcommittee, which met on May 16, 

2006, to review the comments received. 

The three main areas of concern 

expressed by industry members were: 

(1) The need to provide a procedure for 

handlers to obtain credit for assessments 

paid on onions that are subsequently 

regraded, resorted, or repacked within 

the production area or diverted into 

exempt special purpose outlets; (2) 

improving the method of reporting fresh 

market onions for peeling, chopping, or 

slicing; and (3) improving and 

streamlining the safeguards for special 

purpose shipments. An overriding 

concern expressed was the need to 

decrease the reporting burden on 

receivers (buyers) of Idaho-Eastern 

Oregon onions. 

The Committee met on June 15, 2006, 

to hear the report of the Compliance 

Subcommittee. The Committee 

thereafter unanimously recommended 

changing the reporting requirements 

established under the order to address 

these three areas of concern. The 

Committee recommended adding a new 

§ 958.250 and a new form, ‘‘Assessment 

Credit Report’’, which establishes a 

procedure for those handlers who 

would like credit for assessments paid 

on onions in accordance with §§ 958.42 

and 958.240 that are subsequently 

regraded, resorted, or repacked within 

the production area, or shipped into 

special purpose outlets. The Committee 

also recommended that ‘‘disposal’’ be 

added to § 958.328(e) as a special 

purpose to allow handlers to receive 

assessment credit on onions for which 

assessments have been paid when such 

onions are disposed of. Disposal means 

destroying the onions, generally by 

burying the onions in special pits. 

The Committee unanimously 

recommended changing the reporting 

requirements for fresh onions for 

peeling, chopping, or slicing in 

§ 958.328(d) by removing receiver 

reporting requirements. Previously, the 

name of Form No. FV–37, was the 

‘‘Rehandling of Onions Report’’, which 

handlers found confusing and unrelated 

to the actual activity. The form has been 

renamed ‘‘Fresh Cut Report’’ (same form 

number) which will be submitted by 

handlers for multiple shipments rather 

than individual shipments. 

The Committee agreed with industry 

concerns that reporting burdens should 

not be placed on the receivers of IdahoEastern Oregon onions. Receivers are 

able to acquire onions from regions that 

do not have a marketing order in effect 

and avoid reporting requirements. The 

Committee received reports that 

handlers in the production area may 

have lost sales due to receiver reporting 

requirements. 

This rule will also change the 

safeguard reporting requirements in 

§ 958.328(f) by clarifying that the 

safeguard procedures are required only 

for onions shipped outside the IdahoEastern Oregon onion production area. 

Under the new safeguard procedures, 

with newly revised forms, handlers will 

notify the Committee and obtain a 

Certificate of Privilege permit number 

by completing form FV–34, 

‘‘Application to Make Special Purpose 

Shipments—Certificate of Privilege.’’

Receivers of special purpose onions will 

only need to complete form FV–36, 

‘‘Special Purpose Shipment Receiver 

Certification’’ indicating they will use 

the onions in an approved special 

purpose outlet. Receivers will no longer 

be required to submit form FV–35, 

‘‘Onion Diversion Report’’ for every 

shipment. Handlers will submit 

additional information to the Committee 

on form FV–34, ‘‘Application to Make 

Special Purpose Shipments—Certificate 

of Privilege.’’ This information would 

include type of sale, total 

hundredweight for the sale, and the type 

of container for the sale. This form can 

be used for multiple shipments. 

These changes are intended to 

enhance compliance of the special 

purpose shipment procedures 

established under the order and 

contribute to the efficient operation of 

the program. 

And finally, this rule reorganizes the 

rules and regulations issued under this 

order by removing the heading 

‘‘Subpart—Assessment Rates’’ and 

adding a new heading ‘‘Subpart—Rules 

and Regulations.’’

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 250 

producers of onions in the production 

area, 38 handlers, and 24 receivers 

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, 

and small agricultural service firms are 

defined as those whose annual receipts 

are less than $6,500,000. 

The National Agricultural Statistics 

Service (NASS) reported in the 

‘‘Vegetables 2005 Summary’’, published 

in January 2006, that the total F.O.B. 

value of onions in the regulated 

production area for 2005 was 

$148,685,000. Therefore, based on an 

industry of 250 producers, 38 handlers, 

and 24 receivers, it can be concluded 

that the majority of producers, handlers, 

and receivers of Idaho-Eastern Oregon 

onions may be classified as small 

entities. 

This rule would add a new § 958.250 

which will establish an application 

procedure for handlers to receive credit 

for assessments paid on onions in 

accordance with §§ 958.42 and 958.240 

and are subsequently regraded, resorted, 

repacked within the production area, or 

sent to exempt special purpose outlets. 

This rule also adds ‘‘disposal’’ as a 

special purpose shipment. 

The rule changes the reporting 

requirements for fresh onions for 

peeling, chopping, or slicing and for 

special purpose shipments by reducing 

receiver reporting requirements and 

streamlining handler reporting 

requirements. 

Regarding the impact of these actions 

on affected entities, this rule will 

impose minimal additional costs. This 

rule establishes a procedure to make it 

easier for handlers to apply for an 

assessment credit. The change in the 

reporting requirements for fresh onions 

for peeling, chopping, or slicing, as well 

as the change to the safeguards for 

special purpose shipments were 

requested by industry members and 

would decrease the overall reporting 

burden. The benefits of this rule are not 

expected to be disproportionately 

greater or less for small handlers or 

producers than for larger entities. 

An alternative to these actions would 

be to have handlers report onion 

shipments rather than utilizing the 

information from each handler’s 

inspection certificates. However, most 


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Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations 65039 

handlers were opposed to this 

alternative because it would increase 

their reporting burden. 

This action imposes an additional 

reporting burden on onion handlers but 

eliminates reporting by receivers of 

onions. This action requires a new 

Committee form and the revision of four 

Committee forms, previously approved 

by OMB under OMB No. 0581–0178, 

Vegetable and Specialty Crops. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), this notice announces that 

the AMS is requesting emergency 

approval from the Office of Management 

and Budget (OMB) for a new 

information collection request, under 

OMB No. 0581–NEW, and to revise two 

forms previously approved under OMB 

No. 0581–0178, Vegetable and Specialty 

Crops. The emergency request was 

necessary because insufficient time was 

available to follow normal clearance 

procedures. Upon approval of this new 

collection by OMB, it will be merged 

with the forms currently approved for 

use under OMB No. 0581–0178. 

As mentioned earlier, the Committee’s 

reporting requirement recommendations 

involves the revision of four previously 

approved forms, under OMB No. 0581–

0178, and the addition of one new form, 

under OMB No. 0581–NEW. Two of the 

revised forms, FV–36, ‘‘Special Purpose 

Certificate for Handling Onions Which 

Do Not Meet Fresh Market 

Requirements’’, which has been 

renamed ‘‘Special Purpose Shipment 

Receiver Certification’’, and FV–37, 

‘‘Rehandling of Onions Report’’, which 

has been renamed to ‘‘Fresh Cut 

Report’’; have been submitted to OMB 

and were approved on July 12, 2006. 

The remaining two previously approved 

forms which are being revised, FV–34, 

‘‘Application to Make Special Purpose 

Shipments—Certificate of Privilege’’, 

FV–35, ‘‘Onion Diversion Report’’, and 

the new form ‘‘Assessment Credit 

Report’’, are being submitted to OMB 

through an emergency approval request 

of a new information collection. Upon 

approval, the new collection will be 

merged into OMB No. 0581–0178, 

Vegetable and Specialty Crops. 

Title: Onions Grown in Designated 

Counties in Idaho, and Malheur County, 

Oregon. 

OMB Number: 0581–NEW. 

Expiration Date of Approval: 

Emergency request. 

Type of Request: New collection. 

Abstract: The information collection 

requirements in this request are 

essential to provide handlers with a 

procedure to receive credit for 

assessments paid on onions that are 

subsequently regraded, resorted, or 

repacked within the production area, or 

shipped into exempt special purpose 

outlets. 

On June 15, 2006, the Committee 

unanimously recommended changing 

the order’s reporting requirements. This 

rule establishes an application 

procedure for handlers to receive credit 

for assessments paid on onions that are 

subsequently regraded, resorted, or 

repacked within the production area or 

diverted to exempt special purpose 

outlets. In order to receive a credit, 

handlers would complete the 

‘‘Assessment Credit Report’’ and submit 

it to the Committee. 

This rule also changes reporting 

requirements for fresh onions for 

peeling, chopping, or slicing, by having 

handlers complete form FV–37, ‘‘Fresh 

Cut Report.’’ Finally, this rule changes 

the safeguards for special purpose 

shipments. Handlers who desire to 

make a special purpose shipment must 

complete form FV–34, ‘‘Application to 

Make Special Purpose Shipments—

Certificate of Privilege.’’ This form 

would be completed for each volume or 

other sale of onions destined to be 

shipped outside the production area to 

canners, dehydrators, extractors, 

freezers, or picklers. The Committee 

will evaluate the application and issue 

a Certificate of Privilege permit number, 

if approved. The Committee may 

contact a receiver of a special purpose 

shipment to verify each application by 

having the receiver complete form FV–

36, ‘‘Special Purpose Shipment Receiver 

Certification.’’ Finally, the handler will 

submit form FV–35, ‘‘Onion Diversion 

Report’’, for each Certificate of Privilege 

permit number with the frequency 

dependent upon the type of sale and 

container. 

These changes are being made at the 

request of the industry to provide a 

procedure for handlers to obtain credit 

for assessments paid on onions that are 

subsequently regraded, resorted, or 

repacked within the production area or 

diverted into exempt special purpose 

outlets. These changes are also intended 

to improve the method of reporting 

fresh market onions for peeling, 

chopping, or slicing; improve and 

streamline the safeguards for special 

purpose shipments; and improve 

compliance with the order. Committee 

members are confident that these 

revisions will also improve the accuracy 

of the information submitted while 

responding to the needs of the handlers 

for efficiency. 

The information collected is used 

only by authorized representatives of 

the USDA, including AMS, Fruit and 

Vegetable Programs regional and 

headquarters’ staff, and authorized 

employees of the Committee. 

Authorized Committee employees and 

the industry are the primary users of the 

information and AMS is the secondary 

user. 

The request for approval of the new 

information collection under the order 

is as follows: 

‘‘Assessment Credit Report’’ 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 8 minutes per 

response. 

Respondents: Idaho-Eastern Oregon 

onion handlers. 

Estimated Number of Respondents: 

35. 

Estimated Number of Responses per 

Respondent: 20. 

Estimated Total Annual Burden on 

Respondents: 91 hours. 

The request for approval of the 

revised information collection under 

OMB No. 0581–0178, order is as 

follows: 

Form FV–34, ‘‘Application To Make 

Special Purpose Shipments—Certificate 

of Privilege’’ 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 8 minutes per 

response. 

Respondents: Idaho-Eastern Oregon 

onion handlers. 

Estimated Number of Respondents: 

20. 

Estimated Number of Responses per 

Respondent: 3. 

Estimated Total Annual Burden on 

Respondents: 7.8 hours. 

Form FV–35, ‘‘Onion Diversion Report’’ 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 8 minutes per 

response. 

Respondents: Idaho-Eastern Oregon 

onion handlers. 

Estimated Number of Respondents: 

20. 

Estimated Number of Responses per 

Respondent: 100. 

Estimated Total Annual Burden on 

Respondents: 260 hours. 

Comments: Comments are invited on: 

(1) Whether this collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(2) the accuracy of the agency’s estimate 

of the burden of the proposed collection 

of information, including the validity of 

the methodology and assumptions used; 

(3) ways to enhance the quality, utility, 


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65040 Federal Register / Vol. 71, No. 215 / Tuesday, November 7, 2006 / Rules and Regulations 

and clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

Comments should reference OMB No. 

0581–NEW and Onions Grown in 

Designated Counties in Idaho, and 

Malheur County, Oregon, and be sent to 

the USDA in care of the Docket Clerk at 

the address above. All comments 

received will be available for public 

inspection during regular business 

hours at the same address. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

As mentioned before, because there was 

insufficient time for a normal clearance 

procedure and prompt implementation 

is needed, AMS is requesting emergency 

approval from OMB for the use of this 

collection of forms for the 2006 

regulation period, which began in 

August 2006. Upon publication of the 

final rule, this collection will be merged 

with the forms currently approved for 

use under OMB No. 0581–0178 

‘‘Generic OMB Vegetable Crops.’’

As with other similar 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. 

AMS is committed to complying with 

the E-Government Elimination Act, to 

promote the use of the Internet and 

other information technologies to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. 

Further, the Committee’s meeting on 

June 15, 2006, was widely publicized 

throughout the onion industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the June 15, 2006, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Also, the Committee has a number of 

appointed sub-committees to review 

certain issues and make 

recommendation to the Committee. The 

Compliance Subcommittee met on May 

16, 2006, and discussed these issues in 

detail. All interested persons were 

invited to attend this meeting and 

participate in the industry’s 

deliberations. 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. 

In summary, this rule establishes an 

application procedure for handlers to 

receive credit for assessments paid on 

onions that are subsequently regraded, 

resorted, or repacked within the 

production area or diverted to exempt 

special purpose outlets; changes the 

reporting requirements for fresh onions 

for peeling, chopping, or slicing; adds 

‘‘disposal’’ as a special purpose 

shipment; changes the reporting 

requirements for special purpose 

shipments; and announces the 

Agricultural Marketing Service’s 

intention to request emergency approval 

by the Office of Management and 

Budget (OMB) of a new information 

collection. This rule removes reporting 

requirements for receivers and 

streamlines handler reporting 

requirements. These changes are 

beneficial to the compliance of the 

special purpose shipment procedures 

established under the marketing order 

and contribute to the efficient operation 

of the program. This rule invites 

comments on these changes. 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 rule reduces industry 

reporting and recordkeeping 

requirements; (2) the Idaho-Eastern 

Oregon onion marketing season began in 

August and these changes should be in 

effect as soon as possible to achieve 

their intended purpose; (3) the 

Committee unanimously recommended 

these changes at a public meeting and 

interested parties had an opportunity to 

provide input; (4) this rule provides a 

60-day comment period on the 

regulation changes which is deemed 

appropriate, and a 60-day comment 

period on the reporting requirement 

changes, and any comments received 

will be considered prior to finalization 

of this rule. 

List of Subjects in 7 CFR Part 958 

Onions, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 958 is amended as 

follows: 

PART 958—ONIONS GROWN IN 

CERTAIN DESIGNATED COUNTIES IN 

IDAHO, AND MALHEUR COUNTY, 

OREGON 

■ 1. The authority citation for 7 CFR 

part 958 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Add new subpart heading 

‘‘Subpart—Rules and Regulations’’

before ‘‘§ 958.112 Fiscal Period.’’

■ 3. Remove Subpart heading 

‘‘Subpart—Assessment Rates’’ after 

§ 958.160. 

■ 4. Add a new § 958.250 under subpart 

Rules and Regulations to read as 

follows: 

§ 958.250 Assessment Credit Report. 

Each handler may receive a credit for 

assessments on onions that have been 

levied in accordance with §§ 958.42 and 

958.240 and are subsequently regraded, 

resorted, or repacked within the 

production area, or shipped in 

accordance with § 958.328(e) by 

furnishing the ‘‘Assessment Credit 

Report’’ and such other information as 

required to the committee. 

■ 5. Revise paragraphs (d), (e) and (f) of 

§ 958.328 to read as follows; 

§ 958.328 Handling regulation. 

* * * * * 

(d) Onions for peeling, chopping, or 

slicing. Onions that have been inspected 

and certified as meeting the 

requirements of paragraphs (a) and (b) of 

this section and that are subsequently 

peeled, chopped, or sliced for fresh 

market within the production area may 

be handled without reinspection: 

Provided the following: 

(1) Each handler making shipments of 

onions for alteration or performing 

alteration by peeling, chopping, or 

slicing must furnish the committee the 

following information on the ‘‘Fresh Cut 

Report’’ and such other documents as 

required: 


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(i) Business name, address, telephone 

number, signature, and the date the 

form was signed; 

(ii) The date of peeling, chopping, or 

slicing; 

(iii) Inspection certificate number; 

(iv) The quantity of onions; and 

(v) Such other information as may be 

required by the committee. 

(2) Handlers who peel, chop, or slice 

onions produced outside the production 

area must provide the committee with 

documentation showing that the onions 

so prepared were produced outside the 

production area. 

(e) Special purpose shipments. The 

minimum grade, size, maturity, 

assessment, and inspection 

requirements of this section shall not be 

applicable to shipments of onions for 

any of the following purposes: 

(1) Planting, 

(2) Livestock feed, 

(3) Charity, 

(4) Dehydration, 

(5) Canning, 

(6) Freezing, 

(7) Extraction, 

(8) Pickling, and 

(9) Disposal. 

In addition, the minimum grade, size, 

and maturity requirements set forth in 

paragraph (a) of this section shall not be 

applicable to shipments of pearl onions, 

but the maximum size requirement in 

paragraph (h) of this section and the 

assessment and inspection requirements 

shall be applicable to shipments of pearl 

onions. 

(f) Safeguards. Each handler making 

shipments of onions outside the 

production area for dehydration, 

canning, freezing, extraction, or pickling 

pursuant to paragraph (e) of this section 

shall: 

(1) Furnish ‘‘Application to Make 

Special Purpose Shipments—Certificate 

of Privilege’’ and such other information 

to the committee as required. The 

committee will review and verify each 

‘‘Application to Make Special Purpose 

Shipments—Certificate of Privilege’’

and notify the handler of approval or 

disapproval. The committee may 

contact the receiver or receiver’s agent 

of the special purpose shipment for 

verification and request the receiver or 

receiver’s agent to complete a ‘‘Special 

Purpose Shipment Receiver 

Certification’’; 

(2) Bill or consign each shipment 

directly to the applicable receiver or 

receiver’s agent of the special purpose 

shipment; 

(3) Furnish ‘‘Onion Diversion Report’’

and such other information to the 

committee as required. Failure of the 

handler to furnish such report and 

information as required to the 

committee may be cause for cancellation 

of such handlers’ Certificate of Privilege. 

Upon cancellation of any such 

Certificate of Privilege the handler may 

appeal to the committee for 

reconsideration. The committee may 

audit a receiver or receiver’s agent of the 

special purpose shipment to verify 

reports and information submitted by 

handlers. Failure of a receiver or 

receiver’s agent of a special purpose 

shipment to comply with the committee 

may be cause for cancellation of the 

receiver’s or receiver agent’s eligibility 

to receive further special purpose 

shipments from the production area. 

Upon cancellation of any such 

Certificate of Privilege the receiver or 

the receiver’s agent may appeal to the 

committee for reconsideration. 

* * * * * 

Dated: November 3, 2006. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 06–9112 Filed 11–3–06; 11:11 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26102; Directorate 

Identifier 2006–NE–36–AD; Amendment 39–

14820; AD 2006–23–08] 

RIN 2120–AA64 

Airworthiness Directives; Societe de 

Motorisations Aeronautiques (SMA) 

SR305–230 and SR305–230–1 

Reciprocating Engines 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD results 

from mandatory continuing 

airworthiness information (MCAI) 

issued by an aviation authority of 

another country to identify and correct 

an unsafe condition on an aviation 

product. The MCAI describes the unsafe 

condition as: ‘‘Over a period of time, the 

alteration of one electronic control unit 

(ECU) electronic component can cause a 

rapid uncontrolled power increase. 

Several occurrences have already been 

reported during engine start or during 

engine warm-up.’’

The event can also occur in flight 

which can result in loss of control of the 

airplane. 

This AD requires actions that are 

intended to address the unsafe 

condition described in the MCAI. 

DATES: This AD becomes effective 

November 22, 2006. 

We must receive comments on this 

AD by November 22, 2006. 

ADDRESSES: You may send comments by 

any of the following methods: 

• DOT Docket Web site: Go to 

http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

Room PL–401, Washington, DC 20590–

0001. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http://dms.dot.gov; or in 

person at the Docket Management 

Facility between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

AD, the regulatory evaluation, any 

comments received, and other 

information. The street address for the 

Docket Office (telephone (800) 647–

5227) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Spinney, Aerospace 

Engineer, Engine Certification Office, 

FAA, Engine and Propeller Directorate, 

12 New England Executive Park, 

Burlington, MA 01803; telephone (781) 

238–7175; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: 

Streamlined Issuance of AD 

The FAA is implementing a new 

process for streamlining the issuance of 

ADs related to MCAI. This streamlined 

process will allow us to adopt MCAI 

safety requirements in a more efficient 

manner and will reduce safety risks to 

the public. This process continues to 

follow all FAA AD issuance processes to 

meet legal, economic, Administrative 

Procedure Act, and Federal Register 

requirements. We also continue to meet 

our technical decision-making 

responsibilities to identify and correct 


ycherry on PROD1PC64 with RULES