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.

Proposed Rules Federal Register

18428 

Vol. 75, No. 69 

Monday, April 12, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 956 

[Doc. No. AMS–FV–10–0020; FV10–956–1 

PR] 

Sweet Onions Grown in the Walla 

Walla Valley of Southeast Washington 

and Northeast Oregon; Changes to 

Reporting and Assessment Due Dates 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on proposed changes to the reporting 

and assessment date requirements 

prescribed under the marketing order 

regulating the handling of sweet onions 

grown in the Walla Walla Valley of 

southeast Washington and northeast 

Oregon. The marketing order is 

administered locally by the Walla Walla 

Sweet Onion Marketing Committee 

(hereinafter referred to as the 

‘‘Committee’’). This rule would revise 

the submission due date for certain 

handler reports and assessment 

payments from September 1 to 

September 30. The proposed changes 

would allow handlers additional time to 

compile requisite information and 

submit it to the Committee. It is 

expected that this action would improve 

handler compliance with the 

administrative requirements of the 

marketing order. 

DATES: Comments must be received by 

May 12, 2010. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. 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; or 

Internet: http://www.regulations.gov. All 

comments should reference the 

document 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.regulations.gov. All comments 

submitted in response to this rule will 

be included in the record and will be 

made available to the public. Please be 

advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent, Marketing Specialist 

or Gary 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: 

Barry.Broadbent@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. Small 

businesses may request information on 

complying with this regulation by 

contacting Antoinette Carter, 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: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal is issued under Marketing 

Agreement and Order No. 956, both as 

amended (7 CFR part 956), regulating 

the handling of sweet onions in the 

Walla Walla Valley of southeast 

Washington and northeast 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 proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. 

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 proposal invites comments on 

revisions to the due dates currently 

prescribed in the order’s administrative 

rules for certain reports and assessment 

payments. This rule would change the 

submission due date for handler 

shipment statements and assessment 

payments for Walla Walla sweet onions 

shipped prior to September 1 

(hereinafter referred to as ‘‘regular 

season’’) from September 1 to September 

30. The proposed due date change 

would allow handlers needed time to 

compile information, file reports, and 

pay assessments. It is expected that this 

action would improve handler 

compliance with the order’s reporting 

and assessment requirements. The 

proposed rule was unanimously 

recommended by the Committee at its 

February 2, 2010, meeting. 

Currently, § 956.80 of the order 

provides that, upon request of the 

Committee, with the approval of the 

Secretary, each handler shall furnish to 

the Committee, in such manner and at 

such time as it may prescribe, such 

reports and other information as may be 

necessary for the Committee to perform 

its duties. In addition, § 956.42(a) 

provides that each person who first 

handles Walla Walla sweet onions shall 

pay assessments to the Committee upon 

demand. 

Section 956.180(b) of the order’s 

administrative rules currently prescribes 

that each handler shall furnish to the 

Committee a Handler’s Statement of 

Walla Walla Sweet Onion Shipments. 

For Walla Walla sweet onions handled 

prior to September 1, such report shall 

be furnished to the Committee by 

September 1. In addition, § 956.142 

currently provides that, for Walla Walla 

Sweet Onions handled prior to 

September 1, annual assessments are 

due September 1. 

At its meeting on February 2, 2010, 

the Committee recommended that the 


srobinson on DSKHWCL6B1PROD with PROPOSALS
Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Proposed Rules 18429 

order’s reporting and assessment due 

dates for regular season shipments be 

changed to allow handlers additional 

time to fulfill these requirements. At the 

time the order was promulgated in 1995, 

the Walla Walla sweet onion shipping 

season typically concluded at the end of 

July or early in August. As such, the 

Committee established a September 1 

deadline for submitting reports and 

paying assessments, which gave 

handlers most of the month of August 

to accumulate information and prepare 

their reports and assessment payments. 

Recently, however, handlers have 

indicated to the Committee that 

advancements in Walla Walla sweet 

onion production and storage 

techniques have extended the regular 

season for the shipment of such onions 

until the end of August. As a result, it 

has become more difficult for handlers 

to gather the information required in 

time to meet the September 1 deadline 

for reporting shipments and paying 

assessments. Changing the due date for 

submission of the handler’s shipment 

statement and assessment payment for 

regular season shipments from 

September 1 to September 30 would 

allow handlers the needed time to 

complete the requirements and submit 

them to the Committee. 

Initial 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 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 rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 28 handlers 

of Walla Walla sweet onions who are 

subject to regulation under the 

marketing order and approximately 37 

Walla Walla sweet onion producers in 

the regulated area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000, and small 

agricultural producers are defined as 

those having annual receipts of less than 

$750,000. 

Based on information from the 

Committee for the 2009 shipping 

season, handlers shipped 621,218 50- 

pound equivalents of Walla Walla sweet 

onions. At an average price of $11.50 

per 50-pound equivalent, total handler 

revenue was approximately $7,144,000 

and average revenue per handler was 

approximately $255,100. Also based on 

information from the Committee, 

producers harvested an average of 24 

acres of Walla Walla sweet onions, with 

an average production of 699 50-pound 

equivalents per acre. With an average 

farm gate value of $8.75 per 50-pound 

equivalent, Walla Walla sweet onion 

producers averaged approximately 

$146,800 in gross receipts for the year. 

Based on this information, the majority 

of handlers and producers of Walla 

Walla sweet onions may be classified as 

small entities under SBA’s standards. 

This proposal would revise the due 

dates currently contained in §§ 956.180 

and 956.142 of the order for the 

submission of regular season handler 

reports and assessment payments for 

Walla Walla sweet onions handled from 

June 1 through August 31. The deadline 

for submitting reports and assessment 

payments for such onion shipments 

would be revised from September 1 to 

September 30. The proposed change 

would not affect reporting and 

assessment payment due dates for late 

season Walla Walla sweet onions 

shipped during the September 1 through 

May 31 period, which would remain 30 

days after the end of the month in 

which the onions were handled. The 

proposed due date change would allow 

handlers needed time to compile 

information, file reports and pay 

assessments. Authority for this action is 

provided in §§ 956.42(f) and 956.80. 

The order provides that each handler 

who ships Walla Walla sweet onions 

shall furnish to the Committee a 

Handler’s Statement of Walla Walla 

Sweet Onion Shipments and shall pay a 

pro rata assessment. Currently, handlers 

who handle Walla Walla sweet onions 

prior to September 1 are required to 

submit the shipment statement by 

September 1. Late season shipments of 

Walla Walla sweet onions handled after 

September 1 are required to be reported 

within 30 days after the last day of the 

month in which the sweet onions were 

shipped. Handler assessments are due 

the same date that the shipment 

statements are due. Interest charges of 

11⁄2 percent of the unpaid balance are 

imposed on any assessments which are 

not paid within 30 days of their due 

date. 

At its February 2, 2010, meeting, the 

Committee discussed whether the 

current due dates for certain reports and 

assessment payments needed to be 

changed to allow more time for handlers 

to comply with the marketing order’s 

requirements. Handlers stated at the 

meeting that advancements in both the 

production and storage of Walla Walla 

sweet onions had extended the 

marketability of their product well into 

August, whereas, traditionally, their 

primary marketing season ended around 

the end of July. As such, the handlers 

explained that there is now less time 

between the end of their shipping 

period and the reporting deadline to 

compile information, complete reports 

and pay their assessments. The 

Committee staff indicated that 

compliance with the order’s reporting 

and assessment requirements would 

likely improve if handlers were given 

additional time to fulfill them. 

The Committee discussed alternatives 

to this change, including extending the 

due dates even further; requiring 

submission of reports and assessments 

monthly instead of at the end of the 

regular season; changing the due dates, 

but adding a late penalty; and not 

making any changes. However, the 

Committee believes that the proposed 

changes adequately address the 

concerns of the handlers while 

maintaining sufficient consequences for 

noncompliance and reasonable 

timelines for the administration of the 

order. 

This rule is not expected to have any 

economic impact on handlers or 

producers of any size. The benefits of 

this rule are not expected to be 

disproportionately greater or less for 

small handlers or producers than for 

larger entities. 

Information collected under this order 

is currently approved under OMB No. 

0581–0178. This proposed rule would 

not impose any additional reporting or 

recordkeeping requirements on either 

small or large Walla Walla sweet onion 

handlers. As stated above, information 

collected would not change with this 

rule; only the date on which the 

collection is required to be submitted 

would be revised. 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. 

AMS is committed to complying with 

the E–Government 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this proposed rule. 

In addition, the Committee’s meeting 

was widely publicized throughout the 


srobinson on DSKHWCL6B1PROD with PROPOSALS
18430 Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Proposed Rules 

Walla Walla sweet onion industry and 

all interested persons were invited to 

attend the meeting and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the 

February 2, 2010, meeting was a public 

meeting and all entities, both large and 

small, were able to express views on 

this issue. Finally, interested persons 

are invited to submit comments on this 

proposed rule, including 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. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposal. Thirty days is deemed 

appropriate because this rule, if 

adopted, should be in place as soon as 

possible to inform handlers of the new 

reporting and assessment payment 

deadlines for the upcoming shipping 

season, which begins in June 2010. All 

written comments timely received will 

be considered before a final 

determination is made on this matter. 

List of Subjects in 7 CFR Part 956 

Marketing agreements, Onions, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 956 is proposed to 

be amended as follows: 

PART 956—SWEET ONIONS GROWN 

IN THE WALLA WALLA VALLEY OF 

SOUTHEAST WASHINGTON AND 

NORTHEAST OREGON 

1. The authority citation for 7 CFR 

part 956 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. Revise § 956.142 to read as follows: 

§ 956.142 Interest charges. 

For Walla Walla Sweet Onions 

handled prior to September 1, the 

Committee shall impose an interest 

charge on any handler who fails to pay 

his or her annual assessments within 

thirty (30) days of the due date of 

September 30. For Walla Walla Sweet 

Onions handled during the period 

September 1 through May 31, the 

Committee shall impose an interest 

charge on any handler who fails to pay 

his or her assessments within thirty (30) 

days of the last day of the month in 

which such shipments are made. The 

interest charge shall be 11⁄2 percent of 

the unpaid assessment balance. In the 

event the handler fails to pay the 

delinquent assessment amount within 

60 days following the due date, the 11⁄2

percent interest charge shall be applied 

monthly thereafter to the unpaid 

balance, including any accumulated 

interest. Any amount paid by a handler 

as an assessment, including any charges 

imposed pursuant to this paragraph, 

shall be credited when the payment is 

received in the Committee office. 

3. Revise the introductory text of 

§ 956.180(b) to read as follows: 

§ 956.180 Reports. 

* * * * * 

(b) Each handler shall furnish to the 

Committee a Handler’s Statement of 

Walla Walla Sweet Onion Shipments 

containing the information in 

paragraphs (a)(1), (a)(2), and (a)(3) of 

this section, except that gift box and 

roadside stand sales shall be exempt 

from paragraph (a)(2) of this section: 

Provided, That for Walla Walla Sweet 

Onions handled prior to September 1, 

such report shall be furnished to the 

Committee by September 30, and that 

for Walla Walla Sweet Onions handled 

during the period September 1 through 

May 31, such report shall be furnished 

to the Committee no later than thirty 

(30) days after the end of the month in 

which such onions were handled: 

* * * * * 

Dated: April 7, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–8267 Filed 4–9–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1245 

[Doc. No. AMS–FV–07–0091; FV–07–706– 

PR–2A] 

RIN 0581–AC78 

Establishment of a U.S. Honey 

Producer Research, Promotion, and 

Consumer Information Order 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule and Referendum 

Order. 

SUMMARY: This proposed rule would 

establish a new U.S. honey producer 

funded research and promotion program 

under the Commodity Promotion, 

Research, and Information Act of 1996 

(1996 Act). The proposed U.S. Honey 

Producer Research, Promotion and 

Consumer Information Order (Proposed 

U.S. Producer Order) was submitted to 

the Department of Agriculture 

(Department) by the American Honey 

Producers Association (AHPA). The 

Department is conducting an initial 

referendum to ascertain whether the 

persons to be covered by and assessed 

under the Proposed U.S. Producer Order 

favor the Order prior to it going into 

effect. The Proposed U.S. Producer 

Order would provide that producers pay 

an assessment to the U.S. Honey 

Producer Board (Proposed Board) at the 

rate of $0.02 cents per pound of U.S. 

honey produced and shall only be 

imposed on U.S. producers. A producer 

who produces less than 100,000 pounds 

of U.S. honey per year would be eligible 

for a certificate of exemption. The 

Proposed U.S. Producer Order would be 

implemented if it is approved by a 

majority of the producers voting in the 

referendum, which also represent a 

majority of the volume of U.S. honey 

produced during the representative 

period by those voting in the 

referendum. A separate final rule on 

referendum procedures is being 

published in this issue of the Federal 

Register. 

DATES: The voting period is May 17, 

2010 through June 4, 2010. To be 

eligible to vote, producers must have 

produced 100,000 or more pounds of 

honey from January 1, 2008 through 

December 31, 2008. Ballots will be 

mailed to all known honey producers on 

or before May 17, 2010. Ballots must be 

received by the referendum agent no 

later than the close of business by 4:30 

p.m. (Eastern Time) on June 4, 2010. 

ADDRESSES: Copies of the Proposed U.S. 

Producer Order may be obtained from: 

Referendum Agent, Research and 

Promotion Branch, Fruit and Vegetable 

Programs, AMS, USDA, 1400 

Independence Avenue, SW., Stop 0244, 

Room 0632–S, Washington, DC 20250– 

0244; telephone: (202) 720–9915 or 

(888) 720–9917 (toll free); or facsimile: 

(202) 205–2800; or can be viewed at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Coy, Marketing Specialist, 

Research and Promotion Branch, Fruit 

and Vegetable Programs, AMS, USDA, 

Stop 0244, Room 0634–S, 1400 

Independence Ave., SW., Washington, 

DC 20250–0244; telephone (202) 720– 

9915 or (888) 720–9917 (toll free), Fax: 

(202) 205–2800 or e-mail 

kimberly.coy@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued under the 

Commodity Promotion, Research, and 


srobinson on DSKHWCL6B1PROD with PROPOSALS