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

17274

Vol. 60, No. 65

Wednesday, April 5, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 956

[Docket No. 94AMA-FV–956–1; FV93–956–

1PR]

Sweet Onions Grown in the Walla

Walla Valley of Southeast Washington

and Northeast Oregon; Secretary’s

Decision and Referendum Order on the

Proposed Marketing Agreement and

Order

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This decision proposes the

issuance of a marketing agreement and

order for Walla Walla Sweet Onions in

southeast Washington and northeast

Oregon and provides growers the

opportunity to vote in a referendum to

determine if they favor the proposed

order. For the purposes of this

document, the term ‘‘Walla Walla Sweet

Onions’’ refers to sweet onions grown in

the proposed production area, which

consists of designated parts of Walla

Walla County, Washington, and

designated parts of Umatilla County,

Oregon. The proposed order and

agreement would authorize production

and marketing research and marketing

development and promotion projects,

including paid advertising, and would

authorize container markings. The order

would be administered by a ten-member

committee consisting of six producer

members, three handler members, and a

public member. The order would be

financed by assessments on handlers of

Walla Walla Sweet Onions grown in the

production area. A primary objective of

this program would be to improve

producer returns by strengthening

consumer demand through various

promotional activities and by reducing

production and marketing costs through

production and marketing research.

Walla Walla Sweet Onion producers

would vote in a referendum to

determine if they favor issuance of the

proposed marketing order.

DATES: The referendum shall be

conducted from April 7 through April

14, 1995. The representative period for

the purpose of the referendum herein

ordered is January 1, 1994, through

December 31, 1994.

FOR FURTHER INFORMATION CONTACT: Gary

D. Olson, Northwest Marketing Field

Office, Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, 1220 S.W. Third Avenue,

room 369, Portland, Oregon, 97204;

telephone: 503–326–2724, FAX: 503–

326–7440; or Robert F. Matthews,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, P.O. Box 96456, room

2523–S, Washington, D.C. 20090–6456;

telephone: 202–690–0464, FAX: 202–

720–5698.

SUPPLEMENTARY INFORMATION: Prior

documents in this proceeding: Notice of

Hearing, issued October 26, 1993, and

published in the Federal Register on

October 29, 1993 (58 FR 58105);

Recommended Decision and

Opportunity to File Written Exceptions

to the Proposed Marketing Agreement

and Order, issued November 3, 1994,

and published in the Federal Register

on November 10, 1994 (59 FR 56254).

This administrative action is governed

by the provisions of sections 556 and

557 of Title 5 of the United States Code,

and is therefore excluded from the

requirements of Executive Order 12866.

Preliminary Statement

This proposed marketing agreement

and order was formulated on the record

of a public hearing held at Walla Walla,

Washington, on November 15, 1993, to

consider a proposed marketing

agreement and order regulating the

handling of sweet onions grown in the

Walla Walla Valley of Southeast

Washington and Northeast Oregon. The

hearing was held pursuant to the

provisions of the Agricultural Marketing

Agreement Act of 1937, as amended (7

U.S.C. 601–674), hereinafter referred to

as the Act, and the applicable rules of

practice and procedure governing the

formulation of marketing agreements

and marketing orders (7 CFR part 900).

Approximately 25 witnesses, including

Walla Walla Sweet Onion producers,

handlers, and a Washington State

University researcher, testified in

support of the order. Proponents

emphasized that Walla Walla Sweet

Onion producers need a Federal

marketing order to effectively compete

with other sweet onion producing areas.

No one present at the hearing testified

in opposition to the proposed order. At

the close of the hearing, January 15,

1994, was established as the date by

which briefs, statements, and proposed

corrections to the transcript were due.

No briefs were received.

The proponents testified that Walla

Walla Sweet Onion producers, in order

to remain competitive with other sweet

onion producing areas, must conduct

research and promotion programs to

reduce production and marketing costs

and increase sales. Such programs

should include production and

marketing research projects and

promotion projects, including paid

advertising.

Testimony indicated that voluntary

research and development efforts by the

Walla Walla Sweet Onion industry have

not been successful because of the lack

of a coherent research and development

plan with broad-based industry support.

Also, a relatively small percentage of the

U.S. onion crop is produced in the

proposed production area in Walla

Walla County, Washington, and

Umatilla County, Oregon, and

individual producers and handlers

cannot implement an effective research,

marketing development, and promotion

program. By contrast, most other onion

growing areas in the United States are

large enough to convince private

entities, such as seed companies, to

conduct production research and

developmental efforts with the result

being new varieties specifically suited

to those areas. Proponents believe that

an industry-wide program is therefore

necessary to enable the pooling of

resources to address common problems.

A single producer or even two or three

producers cannot marshal the resources

necessary to conduct effective research,

marketing, and promotion programs

including paid advertising.

Upon the basis of evidence

introduced at the hearing and the record

thereof, the Administrator of the

Agricultural Marketing Service (AMS)

on November 3, 1994, filed with the

Hearing Clerk, U. S. Department of

Agriculture, a Recommended Decision

and Opportunity to File Written

Exceptions Thereto by December 12,

1994.
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Proposed Rules 17275

One exception was received from Mr.

David R. Darrington of Agri-Pack, Inc.,

Pasco, Washington. Mr. Darrington’s

exception concerned : (1) His belief that

the proponent group’s intent was to

limit the production of Walla Walla

Sweet Onions and competition among

Walla Walla producers and handlers; (2)

his belief that low producer returns in

recent years were due to low quality

onions; (3) the extent of sweet onion

production in the State of Washington;

(4) the sweetness of Walla Walla onions

on a season to season basis; and (5) the

soil type required to grow Walla Walla

Sweet Onion varieties that can be

marketed as Walla Walla Sweet Onions,

and the size of the proposed production

area. These points are discussed in the

Findings and Conclusions below.

Small Business Consideration

In accordance with the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.), the Administrator of the

Agricultural Marketing Service

considered the economic impact of this

action on small entities. The record

indicates that there are approximately

nine handlers of Walla Walla Sweet

Onions in the proposed production area

and 50 producers. Small agricultural

service firms have been defined by the

Small Business Administration (SBA)

(13 CFR 121.601) as those whose annual

receipts are less than $5,000,000, and

small agricultural producers as those

having annual receipts of less than

$500,000. The majority of the handlers

and producers may be classified as

small entities.

During the 1992 season, commercial

shipments of Walla Walla Sweet Onions

totaled about 390,000 hundredweight at

an average f.o.b. price of $16.60 per

hundredweight for a total value of

$6,474,000. An indeterminate volume,

probably about 10 percent, was sold at

roadside stands. While there is a great

variance in the size of individual

handlers’ operations, the record

indicates that nearly all of the handlers

that would be regulated under this order

would qualify as small firms under the

SBA’s definition. Witnesses testified

that because most of the producers and

handlers of Walla Walla Sweet Onions

are small, they are unable to

individually finance the types of

research and promotion efforts needed

by the industry. A marketing order

program would provide a means for

these small entities to pool their

resources and work together to solve

their common problems. Witnesses

testified that such action is necessary for

this relatively small industry to remain

profitable in the face of intense

competition from larger production

areas.

Acreage and supplies of Walla Walla

Sweet Onions have declined in recent

years, and proponents believe that the

order would provide a much needed

means of halting a drop in grower

returns experienced in past seasons.

This would be achieved by

strengthening demand, developing new

markets for existing supplies and

encouraging increased production. Also,

costs could be reduced through

production research. Thus, the order

would be expected to have a positive

impact on producer returns.

The order would authorize the

collection of assessments from handlers

of Walla Walla Sweet Onions grown in

designated parts of Walla Walla County,

Washington, and Umatilla County,

Oregon. Assessment funds would be

used to finance production research

projects that could reduce costs by

reducing the occurrence of onion

diseases, controlling plant pests, and

developing varieties with more

desirable flavor, quality, and size.

Assessment funds could also be used to

strengthen demand and expand markets

for Walla Walla Sweet Onions through

marketing research and development

and product promotion programs,

including paid advertising. Projects to

develop better methods of handling,

shipping or storing onions, to explore

additional or alternative uses of onions,

to check nutritive values, and similar

research are some examples of

marketing research. Examples of

marketing development projects include

exploring marketing possibilities,

contacting buyers, distributing

educational material relating to the

handling and marketing of onions, and

the dissemination of the results of

current or past marketing research

projects.

The order would be administered by

a committee composed of Walla Walla

Sweet Onion producers, handlers, and a

public member nominated by growers

and handlers and selected by the

Secretary of Agriculture (Secretary).

Daily administration of the order would

be carried out by a staff hired by the

committee. The order would not

regulate the production of Walla Walla

Sweet Onions and would place no

restriction on the quality or quantities of

Walla Walla Sweet Onions that could be

handled.

The principal requirements of the

order that would affect handlers would

be the requirements that they pay

assessments on fresh market shipments

of Walla Walla Sweet Onions to fund

research and promotion programs and

that container markings could be

regulated. The amount of the assessment

rate is not specified in the proposed

order, but witnesses at the hearing

indicated that an appropriate rate might

be five cents per 50-pound bag for

administrative costs; research and

promotion costs could require an

additional five to seven cents per bag or

more. Any assessment rate to cover

committee expenses that may be

established would be recommended by

the committee to the Secretary for

approval.

The order would also impose some

reporting and recordkeeping

requirements on handlers. Handler

testimony indicated that the expected

burden that would be imposed with

respect to these requirements would be

negligible. Most of the information that

would be reported to the committee is

already compiled by handlers for other

uses and is readily available. In

compliance with Office of Management

and Budget (OMB) regulations (5 CFR

part 1320) which implement the

Paperwork Reduction Act of 1980 (44

U.S.C. Chapter 35) and section 3504(h)

of that Act, the information collection

and recordkeeping requirements that

may be imposed by this order have been

submitted to OMB for approval. Those

requirements would not become

effective prior to OMB approval. Any

requirements imposed would be

evaluated against the potential benefits

to be derived and it is expected that any

added burden resulting from increased

recordkeeping would not be significant

when compared to those anticipated

benefits.

Reporting and recordkeeping

requirements issued under comparable

marketing order programs impose an

average annual burden on each

regulated handler of about one hour and

a two year record retention requirement.

It is reasonable to expect that a

comparable burden may be imposed

under this order on the estimated nine

handlers of Walla Walla Sweet Onions.

The Act requires that prior to the

issuance of an order, a referendum be

conducted of affected producers to

determine if they favor issuance of the

order. The ballot material that will be

used in conducting the referendum will

be submitted to and approved by OMB

prior to use. It is estimated that it would

take an average of 10 minutes for each

of the approximately 50 Walla Walla

Sweet Onion growers to participate in

the voluntary referendum balloting.

Additionally, it has been estimated that

it would take approximately ten

minutes for each of the nine handlers to

complete the marketing agreement. In

determining that the order would not

have a significant economic impact on
17276 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Proposed Rules

a substantial number of small entities,

all of the issues discussed above were

considered. The order provisions have

been carefully reviewed and every effort

has been made to eliminate any

unnecessary costs or requirements.

Although the order may impose some

additional costs and requirements on

handlers, it is anticipated that the order

would help to strengthen demand for

Walla Walla Sweet Onions. Therefore,

any additional costs should be offset by

the benefits derived from expanded

markets and sales benefitting handlers

and producers alike. Accordingly, it is

determined that the order would not

have a significant economic impact on

a substantial number of small handlers

or producers.

Findings and Conclusions

The material issues, findings and

conclusions, rulings, and general

findings and determinations included in

the Recommended Decision set forth in

the November 10, 1994, issue of the

Federal Register (59 FR 56254) are

hereby approved and adopted subject to

the following additions and

modifications:

In his exception, Mr. Darrington

stated his support for research and

promotion programs. However, he also

stated that he believes the proponent

group’s intent is to limit production of

Walla Walla Sweet Onions and

competition among Walla Walla

producers and handlers. The Act, which

is the legislative authority for the

proposed order, provides no authority to

either limit the production of a

commodity or restrict competition

within an industry. The proposed

production area has been recognized

since the beginning of the twentieth

century as having unique soil

properties, properties the adjacent areas

do not share, to the same degree.

However, the production of Walla Walla

Sweet Onions uses less than half of the

acreage in the Walla Walla Valley;

growers wishing to produce Walla Walla

Sweet Onions could buy, lease, or rent

acreage within the area. Therefore, the

size of the production area would not

adversely affect competition. The order,

as proposed, would authorize research

and development projects, including

paid advertising. The order also would

permit the committee, as representatives

of the industry, to establish, with

Secretarial approval, container labeling

requirements. No other regulatory

activity would be authorized.

Mr. Darrington stated that any low

grower returns in recent years were due

to poor quality onions, not poor market

conditions. Poor market conditions can

be the result of poor quality product

sold on the market. However, poor

market conditions can also be caused by

excessive supplies of local product in

the market place and excessive supplies

of onions from other growing areas, or

a combination of all of these factors.

Although this part of Mr. Darrington’s

exception could have merit, it does not

alter the findings of the Recommended

Decision which addressed poor market

conditions for Walla Walla Sweet

Onions because poor market conditions

often are a result of a poor quality

commodity.

Mr. Darrington disagreed with the

statement in the Recommended

Decision that half or more of the nonstorage onions grown in Washington

came from the Walla Walla Valley and

that half of all Walla Walla Sweet Onion

acreage is outside the Walla Walla

Valley. The exhibits and testimony

presented at the hearing indicate that

the Walla Walla Valley produces at least

half of Washington State’s non-storage

onion crop. The evidence does not

support Mr. Darrington’s statement.

Mr. Darrington also stated that there

are other areas in the nation that have

marketing orders for their specific

onions, but none of them are restricted

to such a small area as proposed by this

order. This is true. However, section 11

(B) of the Act states that orders issued

under this section shall be limited in

their application to the smallest regional

production areas or regional marketing

areas, or both, as the case may be, which

the Secretary finds practicable,

consistently with carrying out such

declared policy. The record indicates

that the parts of Walla Walla and

Umatilla Counties which are the

proposed production area constitute the

smallest practicable area.

Mr. Darrington stated that climate and

variety are the major factors determining

the sweetness of an onion; and that

there are years when Walla Walla

sweets are far from being sweet due to

the growing conditions. This is probably

true of all onions, but has no relevance

on the findings of the recommended

decision.

Mr. Darrington further states that the

soil type in the proposed production

area is not unique to that area. However,

testimony was given to the contrary;

witnesses stated that the unique

growing conditions in the proposed

production area, particularly the low

sulfur content of the soil, yield a

sweeter, milder onion than is grown

elsewhere. Therefore, in order for an

onion to be labeled as a Walla Walla

Sweet, it would have to be produced in

the proposed production area.

Mr. Darrington states that the

proposed order allows any onion

variety, other than a sweet Spanish

hybrid, grown in the proposed

production area to be called a Walla

Walla Sweet Onion and that there are a

number of varieties grown in the

production area that are not sweet. Mr.

Darrington states that the order would

permit growers within the production

area to grow whatever variety they wish

and call it a Walla Walla Sweet Onion.

As the order is proposed, the committee

may, with the approval of the Secretary,

exempt individual varieties from any

regulations issued under the order. This

would allow the committee to prevent

onions that do not qualify as ‘‘sweet

onions’’ from being marketed as Walla

Walla Sweet Onions. Thus, it is the

intent that the Walla Walla onion

industry would have control over the

varieties of onions marketed as Walla

Walla Sweet Onions.

Mr. Darrington states that the order

proposes that onion seeds not be

regulated under the order, and that

producers may sell seed onions grown

within the production area wherever

they wish outside of the area. Onions

produced from any Walla Walla onion

seed planted outside of the Walla Walla

Sweet Onion production area do not

qualify as Walla Walla Sweet Onions.

For an onion to be assessed and marked

as a Walla Walla Sweet Onion, it must

be grown within the Walla Walla Sweet

Onion production area established by

the order and the variety must be

recognized by the U.S. Department of

Agriculture or recommended by the

committee and approved by the

Secretary as a sweet onion. Onions that

do not meet these criteria may not be

marketed as Walla Walla Sweet Onions

and would not be assessed. Therefore,

although Mr. Darrington’s statement

with respect to onion seeds is correct, it

is not relevant to this discussion.

Mr. Darrington states that the

proposed area appears to be very selfserving to the group that is supporting

this order. This is true, inasmuch as

marketing orders and agreements are

self imposed instruments that provide

industry members with a means to

provide orderly marketing conditions.

This proposed order would authorize

production and marketing research and

marketing development and promotion

projects, including paid advertising, and

would authorize container markings.

This order would also prohibit onions

grown outside of the proposed

production area from being marketed as

Walla Walla Sweets, thus improving

returns to producers within the

production area by strengthening

consumer demand through various

promotional activities and by reducing

production and marketing costs through
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Proposed Rules 17277

1This order shall not become effective unless and

until the requirements of § 900.14 of the rules of

practice and procedure governing proceedings to

formulate marketing agreements and marketing

orders have been met.

production and marketing research.

Thus, for the reasons stated, those parts

of Mr. Darrington’s exception that are

relevant are denied.

Rulings on Exceptions

In arriving at the findings and

conclusions and the regulatory

provisions of this decision, the

exceptions to the Recommended

Decision were carefully considered in

conjunction with the record evidence.

To the extent that the findings and

conclusions and the regulatory

provisions of this decision are at

variance with the exceptions, such

exceptions are denied.

Marketing Agreement and Order

Annexed hereto and made a part

hereof is the document entitled ‘‘Order

Regulating the Handling of Sweet

Onions Grown in the Walla Walla

Valley of Southeast Washington and

Northeast Oregon.’’ This document has

been decided upon as the detailed and

appropriate means of effectuating the

foregoing findings and conclusions.

It is hereby ordered, That this entire

decision be published in the Federal

Register.

Referendum Order

It is hereby directed that a referendum

be conducted in accordance with the

procedure for the conduct of referenda

(7 CFR 900.400 et. seq.) to determine

whether the issuance of the annexed

order regulating the handling of sweet

onions grown in the Walla Walla Valley

of southeast Washington and northeast

Oregon is approved or favored by

producers, as defined under the terms of

the order, who, during the

representative period were engaged in

the production of sweet onions in the

Walla Walla Valley of southeast

Washington and northeast Oregon.

The representative period for the

conduct of such referendum is hereby

determined to be January 1, 1994,

through December 31, 1994.

The agents of the Secretary to conduct

such referendum are hereby designated

to be Gary D. Olson and Robert J. Curry,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, 1220 S.W. Third Avenue,

room 369, Portland Oregon, 97204;

telephone 503–326–2724, FAX 503–

326–7440.

List of Subjects in 7 CFR Part 956

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

Dated: March 30, 1995.

Patricia A. Jensen,

Acting Assistant Secretary, Marketing and

Regulatory Programs.

Order Regulating the Handling of

Sweet Onions Grown in the Walla Walla

Valley of Southeast Washington and

Northeast Oregon.1

Findings upon the basis of the hearing

record. Pursuant to the provisions of the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601 et

seq.), and the applicable rules of

practice and procedure effective

thereunder (7 CFR part 900), a public

hearing was held upon a proposed

marketing agreement and order

regulating the handling of sweet onions

grown in the Walla Walla Valley of

Southeast Washington and Northeast

Oregon.

Upon the basis of the evidence

introduced at such hearing and the

record thereof, it is found that:

(1) The marketing agreement and

order, and all of the terms and

conditions thereof, will tend to

effectuate the declared policy of the Act;

(2) The marketing agreement and

order regulate the handling of sweet

onions grown in the production area in

the same manner as, and are applicable

only to persons in the respective classes

of commercial and industrial activity

specified in the marketing agreement

and order upon which hearings have

been held;

(3) The marketing agreement and

order are limited in their application to

the smallest regional production area

which is practicable, consistent with

carrying out the declared policy of the

Act, and the issuance of several orders

applicable to subdivisions of the

production area would not effectively

carry out the declared policy of the Act;

(4) There are no differences in the

production and marketing of Walla

Walla Sweet Onions produced in the

production area which make necessary

different terms and provisions

applicable to different parts of such

area; and

(5) All handling of Walla Walla Sweet

Onions grown in the production area is

in the current of interstate or foreign

commerce or directly burdens,

obstructs, or affects such commerce.

Order Relative to Handling

It is therefore ordered, that on and

after the effective date hereof, all

handling of sweet onions grown in the

Walla Walla Valley of Southeast

Washington and Northeast Oregon, shall

be in conformity to, and in compliance

with, the terms and conditions of the

said order, as follows:

The provisions of the proposed

marketing agreement and order

contained in the Recommended

Decision issued by the Administrator on

November 3, 1994, and published in the

Federal Register on November 10, 1994

(59 FR 56254), shall be and are the

terms and provisions of this order and

are set forth in full herein. Sections

956.97 through 956.99 apply only to the

proposed marketing agreement and not

to the proposed order.

1. Title 7, Chapter IX is proposed to

be amended by adding part 956 to read

as follows:

PART 956—SWEET ONIONS GROWN

IN THE WALLA WALLA VALLEY OF

SOUTHEAST WASHINGTON AND

NORTHEAST OREGON

Subpart—Order Regulating Handling

Definitions

Sec.

956.1 Secretary.

956.2 Act.

956.3 Person.

956.4 Production area.

956.5 Walla Walla Sweet Onions.

956.6 Handler.

956.7 Registered handler.

956.8 Handle.

956.9 Container.

956.10 Producer.

956.11 Varieties.

956.12 Committee.

956.13 Fiscal period.

Administrative Committee

956.20 Establishment and membership.

956.21 Term of office.

956.22 Nominations.

956.23 Selection.

956.24 Qualifications and acceptance.

956.25 Alternates.

956.26 Vacancies.

956.27 Failure to nominate.

956.28 Procedure.

956.29 Expenses.

956.30 Powers.

956.31 Duties.

Expenses and Assessments

956.40 Expenses.

956.41 Budget.

956.42 Assessments.

956.43 Accounting.

956.44 Excess funds.

956.45 Contributions.

Research and Development

956.50 Research and development.

Regulation

956.61 Recommendation for regulations.

956.62 Container markings.

956.63 Handling for specified purposes.

956.64 Minimum quantities.

956.65 Notification of regulations.

956.66 Safeguards.
17278 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Proposed Rules

Reports

956.80 Reports and recordkeeping.

Miscellaneous Provisions

956.85 Termination or suspension.

956.87 Proceedings after termination.

956.88 Effect of termination or amendment.

956.89 Compliance.

956.90 Right of the Secretary.

956.91 Duration of immunities.

956.92 Agents.

956.93 Derogation.

956.94 Personal liability.

956.95 Separability.

956.96 Amendments.

956.97 Counterparts.

956.98 Additional parties.

956.99 Order with marketing agreement.

Authority: 7 U.S.C. 601–674.11

Definitions

§ 956.1 Secretary.

Secretary means the Secretary of

Agriculture of the United States or any

officer or employee of the Department of

Agriculture who has been delegated, or

to whom authority may hereafter be

delegated, the authority to act for the

Secretary.

§ 956.2 Act.

Act means Public Act No. 10, 73d

Congress (May 12, 1933), as amended

and as reenacted and amended by the

Agricultural Marketing Agreement Act

of 1937, as amended (Sec. 1–19, 48 Stat.

31, as amended; 7 U.S.C. 601 et seq.).

§ 956.3 Person.

Person means an individual,

partnership, corporation, association, or

any other business unit.

§ 956.4 Production area.

Production area means a tract of land

in Umatilla County, Oregon, and Walla

Walla County, Washington, based on

surveyors’ maps, enclosed by the

following boundaries: Commencing at

the Southeast corner of Section 13,

Township (Twp.) 5 North, Range (Rge.)

36 East, W.M.; thence Westerly along

the South line of Sections 13, 14, 15, 16,

17, and 18 in Twp. 5 North, Rge. 36

East, Sections 13, 14, 15, 16, 17, and 18

in Twp. 5 North, Rge. 35 East, Sections

13, 14, 15, 16, 17, and 18 in Twp. 5

North, Rge. 34 East, Sections 13, 14, and

15 in Twp. 5 North, Rge. 33 East, W.M.

to the East right of way line of the

Northern Pacific Railway, as it runs

Northwesterly through Vansyckle

Canyon; thence Northwesterly along

said Easterly right of way line to a point

in the Northwest 1/4 of Section 20,

Twp. 7 North, Rge. 32 East, W.M. where

said line intersects the South right of

way of the Union Pacific Railway, said

intersection being commonly known as

Zangar Junction; thence Easterly along

said South right of way line of the

Union Pacific Railway to a point in the

Southwest 1/4 of Section 23, Twp. 7

North, Rge. 32 East where said line

intersects the South right of way line of

Washington State Highway No. 12;

thence Easterly along said South right of

way line to the intersection with the

West line of Section 34, Twp. 7 North,

Rge. 33 East, W.M.; thence North, along

the West line of Sections 34, 27, 22, 15,

10, and 3 in Twp. 7 North, Rge. 33 East,

W.M., and the West line of Sections 34,

27, and 22 in Twp. 8 North, Rge. 33

East, W.M. to the Northwest corner of

said Section 22; thence East along the

North line of said Section 22 to the

Northeast corner thereof; thence North

along the West line of Sections 14, 11,

and 2 in Twp. 8 North, Rge. 33 East,

W.M. to the Northwest corner of said

Section 2; thence East along North lines

of Sections 2 and 1 in Twp. 8 North,

Rge. 33 East, W.M. and the North line

of Section 6, Twp. 8 North, Rge. 34 East,

W.M. to the centerline of the Touchet

River; thence Northerly and Easterly

along said centerline of the Touchet

River as it runs through Twp. 9 North,

Rge. 34 East, Twp. 9 North, Rge. 35 East,

Twp. 10 North, Rge. 35 East, Twp. 10

North, Rge. 36 East, Twp. 9 North, Rge.

36 East, and Twp. 9 North, Rge. 37 East

to a point on the East line of Section 11

in Twp. 9 North, Rge. 37 East, W.M.,

thence South along the East line of

Sections 11, 14, 23, 26, and 35 in Twp.

9 North, Rge. 37 East, W.M., the East

lines of Sections 2, 11, 14, 23, 26, and

35 in Twp. 8 North, Rge. 37 East, W.M.,

the East lines of Sections 2, 11, 14, 23,

26, and 35 in Twp. 7 North, Rge. 37

East, W.M., and the East lines of

Sections 2, 11, and fractional Section 14

in Twp. 6 North, Rge. 37 East, W.M., to

a point on the Washington-Oregon State

line; thence West along said State Line

to the closing corner on the West side

of Section 18 in Twp. 6 North, Rge. 37

East, W.M.; thence South along the West

line of Sections 18, 19, 30, and 31 in

Twp. 6 North, Rge. 37 East, W.M. and

the West line of Sections 6, 7, and 18

in Twp. 5 North, Rge. 37 East to the

corner common to Sections 18 and 19 in

Twp. 5 North, Rge. 37 East, W.M. and

13 and 24 in Twp. 5 North, Rge. 36 East,

W.M., Being the True Point of Beginning

of this Legal Description.

§ 956.5 Walla Walla Sweet Onions.

Walla Walla Sweet Onions means all

varieties of Allium cepa grown within

the production area, except Spanish

hybrid varieties. The committee may,

with the approval of the Secretary,

exempt individual varieties from any or

all regulations issued under this part.

§ 956.6 Handler.

Handler is synonymous with shipper

and means any person (except a

common or contract carrier of Walla

Walla Sweet Onions owned by another

person) who handles Walla Walla Sweet

Onions or causes Walla Walla Sweet

Onions to be handled.

§ 956.7 Registered handler.

Registered handler means any person

with adequate facilities for preparing

Walla Walla Sweet Onions for

commercial market, who has requested

such registration and is so recorded by

the committee, or any person who has

access to such facilities and has

recorded with the committee the ability

and willingness to assume customary

obligations of preparing Walla Walla

Sweet Onions for commercial market.

The committee may recommend, for

approval of the Secretary, procedures

with respect to handler registration.

§ 956.8 Handle.

Handle is synonymous with ship and

means to package, load, sell, transport,

or in any way place Walla Walla Sweet

Onions or cause Walla Walla Sweet

Onions to be placed in the current of

commerce within the production area or

between the production area and any

point outside thereof. Such term shall

not include the transportation, sale, or

delivery of harvested Walla Walla Sweet

Onions to a handler within the

production area for the purpose of

having such Walla Walla Sweet Onions

prepared for market.

§ 956.9 Container.

Container means a box, bag, crate,

hamper, basket, package, or any other

receptacle used in the packaging,

transporting, sale, shipment, or other

handling of Walla Walla Sweet Onions.

§ 956.10 Producer.

Producer is synonymous with grower

and means any person engaged in a

proprietary capacity in the production

of Walla Walla Sweet Onions for

market.

§ 956.11 Varieties.

Varieties means and includes all

classifications, subdivisions, or types of

Walla Walla Sweet Onions according to

those definitive characteristics now or

hereafter recognized by the United

States Department of Agriculture or

recommended by the committee and

approved by the Secretary.

§ 956.12 Committee.

Committee means the Walla Walla

Sweet Onion Committee established

pursuant to § 956.20.
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§ 956.13 Fiscal period.

Fiscal period means the period

beginning on June 1 and ending on May

31 of each year, or other such period as

may be recommended by the committee

and approved by the Secretary.

Administrative Committee

§ 956.20 Establishment and membership.

(a) The Walla Walla Sweet Onion

Committee, consisting of ten members,

is hereby established. The committee

shall consist of six producer members,

three handler members, and one public

member. Each member shall have an

alternate who shall have the same

qualifications as the member.

(b) A producer shall have three years

of experience in producing onions in

order to qualify for committee

membership. At the time of selection,

no more than two producer members

may be affiliated with the same handler.

§ 956.21 Term of office.

(a) Except as otherwise provided in

paragraph (b) of this section, the term of

office of committee members and their

respective alternates shall be for three

fiscal periods beginning on June 1 or

such other date as recommended by the

committee and approved by the

Secretary. The terms shall be

determined so that one-third of the

grower membership and one-third of the

handler membership shall terminate

each year. Members and alternates shall

serve during the term of office for which

they are selected and have been

qualified, or during that portion thereof

beginning on the date on which they

qualify during such term of office and

continuing until the end thereof, or

until their successors are selected and

have qualified.

(b) The term of office of the initial

members and alternates shall begin as

soon as possible after the effective date

of this subpart. One-third of the initial

industry members and alternates shall

serve for a one-year term, one-third shall

serve for a two-year term, and one-third

shall serve for a three-year term. The

initial, as well as all successive terms of

office of the public member and

alternate member shall be for three

years.

(c) The consecutive terms of office for

all members shall be limited to two

three-year terms. There shall be no such

limitation for alternate members.

§ 956.22 Nominations.

Nominations from which the

Secretary may select the members of the

committee and their respective

alternates may be made in the following

manner:

(a) The committee shall hold or cause

to be held, within the production area

and prior to April 1 of each year or by

such other date as may be specified by

the Secretary, one or more meetings of

producers and handlers for the purpose

of designating one nominee for each of

the member and alternate member

positions which are vacant or will be

vacant at the end of the fiscal period;

(b) In arranging for such meetings the

committee may, if it deems such

desirable, cooperate with existing

organizations and agencies;

(c) Nominations for committee

members and alternate members shall

be provided to the Secretary, in such

manner and form as the Secretary may

prescribe, not later than 30 days prior to

the end of the fiscal period within

which the current term of office expires;

(d) Only producers may participate in

designating nominees for producer

committee members and their alternates

and only handlers may participate in

designating nominees for handler

committee members and their

alternates;

(e) Each person who is both a handler

and a producer may vote either as a

handler or as a producer, but not both;

(f) Each person is entitled to cast only

one vote on behalf of him or herself, his

or her partners, agents, subsidiaries,

affiliates and representatives, in

designating nominees for committee

members and alternates. An eligible

producer’s or handler’s privilege of

casting only one vote, as aforesaid, shall

be construed to permit such voter to cast

one vote for each producer member and

alternate member position to be filled or

each handler member and alternate

member position to be filled, but not

both.

(g) Every three years, at the first

meeting following selection, the

committee shall nominate the public

member and alternate for a three-year

term of office.

(h) The committee shall prescribe

such additional qualifications,

administrative rules and procedures for

selection and voting for each candidate

as it deems necessary and as the

Secretary approves.

§ 956.23 Selection.

The Secretary shall select members

and alternate members of the committee

from the nominations made pursuant to

§ 956.22 or from other qualified persons.

§ 956.24 Qualification and acceptance.

Any person nominated to serve as a

member or alternate member of the

committee shall, prior to selection by

the Secretary, qualify by filing a written

background and acceptance statement

indicating such person’s willingness to

serve in the position for which

nominated.

§ 956.25 Alternates.

An alternate member of the committee

shall act in the place and stead of the

member for whom such person is an

alternate, during such member’s

absence. In the event of the death,

removal, resignation, or disqualification

of a member, that member’s alternate

shall serve until a successor to such

member has qualified and is selected.

§ 956.26 Vacancies.

To fill any vacancy occasioned by the

failure of any person nominated as a

member or as an alternate to qualify, or

in the event of the death, removal,

resignation, or disqualification of a

member or alternate, a successor for the

unexpired term may be selected by the

Secretary from nominations made

pursuant to § 956.22 from previously

unselected nominees on the current

nominee list, or from other eligible

persons.

§ 956.27 Failure to nominate.

If nominations are not made within

the time and manner prescribed in

§ 956.22 the Secretary may, without

regard to nominations, select the

members and alternates on the basis of

the representation provided for in

§ 956.20

§ 956.28 Procedure.

(a) Six members of the committee

shall constitute a quorum, and six

concurring votes shall be required to

pass any motion or approve any

committee action, except that

recommendations made pursuant to

§ 956.61 shall require seven concurring

votes.

(b) The committee may provide for

meetings by telephone, telegraph,

facsimile, or other means of

communication, and any vote cast orally

at such meetings shall be confirmed

promptly in writing: Provided, That if

an assembled meeting is held, all votes

shall be cast in person.

§ 956.29 Expenses.

Members and alternates shall serve

without compensation but shall be

reimbursed for such expenses

authorized by the committee and

necessarily incurred by them in

attending committee meetings and in

the performance of their duties under

this part.

§ 956.30 Powers.

The committee shall have the

following powers:
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(a) To administer the provisions of

this part in accordance with its terms;

(b) To make rules and regulations to

effectuate the terms and provisions of

this part;

(c) To receive, investigate, and report

to the Secretary complaints of violations

of the provisions of this part; and

(d) To recommend to the Secretary

amendments to this part.

§ 956.31 Duties.

It shall be among the duties of the

committee:

(a) At the beginning of each fiscal

period, or as soon thereafter as

practicable, to meet and organize, to

select a chairperson and such other

officers as may be necessary, to select

subcommittees, and to adopt such rules

and regulations for the conduct of its

business as it may deem advisable;

(b) To act as intermediary between the

Secretary and any producer or handler;

(c) To furnish to the Secretary such

available information as the Secretary

may request;

(d) To appoint such employees,

agents, and representatives as it may

deem necessary and to determine the

salaries and define the duties of each

such person;

(e) To investigate from time to time

and to assemble data on the growing,

harvesting, shipping, and marketing

conditions with respect to Walla Walla

Sweet Onions and to engage in such

research and service activities which

relate to the production, handling, or

marketing of Walla Walla Sweet Onions

as may be approved by the Secretary;

(f) To keep minutes, books, and

records which clearly reflect all of the

acts and transactions of the committee.

Such minutes, books, and records shall

be subject to examination at any time by

the Secretary or the Secretary’s

authorized agent or representative;

(g) To make available to producers

and handlers the committee voting

record on recommended regulations and

on other matters of policy;

(h) Prior to each fiscal period, to

submit to the Secretary a budget of its

proposed expenses for such fiscal

period, together with a report thereon,

and a recommendation as to the rate of

assessment for such period;

(i) To cause its books to be audited by

a competent accountant at least once

each fiscal period, and at such other

time as the committee may deem

necessary or as the Secretary may

require; the report of such audit shall

show the receipt and expenditure of

funds collected pursuant to this part; a

copy of each such report shall be

furnished to the Secretary, and a copy

of each such report shall be made

available at the principal office of the

committee for inspection by producers

and handlers: Provided, that

confidential information shall be

removed from all copies made available

to the public; and

(j) To consult, cooperate, and

exchange information with other onion

marketing committees and other

individuals or agencies in connection

with all proper committee activities and

objectives under this subpart.

Expenses and Assessments

§ 956.40 Expenses.

The committee is authorized to incur

such expenses as the Secretary may find

are reasonable and likely to be incurred

by the committee for its maintenance

and functioning, and to enable it to

exercise its powers and perform its

duties in accordance with the

provisions of this part. The funds to

cover such expenses shall be acquired

in the manner prescribed in §§ 956.42

and 956.45.

§ 956.41 Budget.

Prior to each fiscal period and as may

be necessary thereafter, the committee

shall prepare an estimated budget of

income and expenditures necessary for

the administration of this part. The

committee shall recommend a rate of

assessment calculated to provide

adequate funds to defray its proposed

expenditures. The committee shall

present such budget to the Secretary

with an accompanying report showing

the basis for its calculations.

§ 956.42 Assessments.

(a) The funds to cover the committee’s

expenses shall be acquired by the

levying of assessments upon handlers as

provided in this subpart. Each person

who first handles Walla Walla Sweet

Onions shall pay assessments to the

committee upon demand, which

assessments shall be in payment of such

handler’s pro rata share of the

committee’s expenses.

(b) Assessments shall be levied upon

handlers, at rates established by the

Secretary. Such rates may be established

upon the basis of the committee’s

recommendations or other available

information.

(c) At any time during, or subsequent

to, a given fiscal period, the committee

may recommend the approval of an

amended budget and an increase in the

rate of assessment. Upon the basis of

such recommendations, or other

available information, the Secretary may

approve an amended budget and

increase the assessment rate. Such

increase in the assessment rate shall be

applicable to all Walla Walla Sweet

Onions which were handled by each

handler thereof during such fiscal

period.

(d) The payment of assessments for

the maintenance and functioning of the

committee may be required under this

part throughout the period it is in effect,

irrespective of whether particular

provisions of this part are suspended or

become inoperative.

(e) To provide funds for the

administration of the provisions of this

part during the initial fiscal period or

the first part of a fiscal period when

neither sufficient operating reserve

funds nor sufficient revenue from

assessments on the current season’s

shipments are available, the committee

may accept payment of assessments in

advance or may borrow money for such

purposes.

(f) The committee may impose a late

payment charge or an interest charge, or

both, on any handler who fails to pay

any assessment in a timely manner.

Such time and the rates shall be

recommended by the committee and

approved by the Secretary.

§ 956.43 Accounting.

(a) All funds received by the

committee pursuant to the provisions of

this part shall be used solely for the

purposes specified in this part.

(b) The Secretary may at any time

require the committee, its members and

alternate members, employees, agents,

and all other such persons associated

with the committee to account for all

receipts, disbursements, funds,

property, or records for which they are

responsible. Whenever any person

ceases to be a member, alternate

member, employee, or agent of the

committee, such person shall account

for all receipts, disbursements, funds,

property, and records pertaining to the

committee’s activities for which such

person was responsible, deliver all

property and funds in such person’s

possession to the committee, and

execute such assignments and other

instruments as may be necessary or

appropriate to vest in the committee full

title to all of the property, funds, and

claims vested in such person pursuant

to this part.

(c) The committee may make

recommendations to the Secretary for

one or more of the members thereof, or

any other person, to act as a trustee for

holding records, funds, or any other

committee property during periods of

suspension of this part, or during any

period or periods when regulations are

not in effect and, upon determining

such action is appropriate, the Secretary

may direct that such person or persons
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shall act as trustee or trustees for the

committee.

§ 956.44 Excess funds.

If, at the end of a fiscal period, the

assessments collected are in excess of

expenses incurred, such excess shall be

accounted for as follows:

(a) The committee, with approval of

the Secretary, may establish an

operating reserve and may carry over to

subsequent fiscal periods excess funds

in a reserve so established, except funds

in the reserve shall not exceed the

equivalent of approximately two fiscal

period’s budgeted expenses. Such

reserve funds may be used:

(1) To defray any expenses authorized

under this part;

(2) To defray expenses during any

fiscal period prior to the time

assessment income is sufficient to cover

such expenses;

(3) To cover deficits incurred during

any fiscal period when assessment

income is less than expenses;

(4) To defray expenses incurred

during any period when any or all

provisions of this part are suspended or

are inoperative; and

(5) To cover necessary expenses of

liquidation in the event of termination

of this part.

(b) Upon termination of this part, any

funds not required to defray the

necessary expenses of liquidation shall

be disposed of in such manner as the

Secretary may determine to be

appropriate except that to the extent

practicable, such funds shall be

returned pro rata to the persons from

whom such funds were collected.

(c) If such excess is not retained in a

reserve as provided in paragraph (a) of

this section, each handler entitled to a

proportionate refund of the excess

assessments collected shall be credited

at the end of a fiscal period with such

refund against the operations of the

following fiscal period unless such

handler demands payment thereof, in

which event such proportionate refund

shall be paid as soon as practicable.

§ 956.45 Contributions.

The committee may accept voluntary

contributions but these shall be used

only to pay expenses incurred pursuant

to § 956.50. Such contributions shall be

free from any encumbrances by the

donor, and the committee shall retain

complete control of their use.

Research and Development

§ 956.50 Research and development.

(a) The committee, with the approval

of the Secretary, may establish or

provide for the establishment of

production research, marketing research

and development, and marketing

promotion projects, including paid

advertising, designed to assist, improve,

or promote the marketing, distribution,

consumption, or efficient production of

Walla Walla Sweet Onions. Any such

project for the promotion and

advertising of Walla Walla Sweet

Onions may utilize an identifying mark,

including but not limited to registered

trademarks and logos, which shall be

made available for use by all handlers

in accordance with such terms and

conditions as the committee, with the

approval of the Secretary, may

prescribe. The committee may register

such logos with the Commissioner of

Patents and Trademarks, U.S. Patent

and Trademark Office. The expense of

such projects shall be paid from funds

collected pursuant to §§ 956.42 and

956.45.

(b) In recommending projects

pursuant to this section, the committee

shall give consideration to the

following:

(1) The expected supply of Walla

Walla Sweet Onions in relation to

market requirements;

(2) The supply situation among

competing onion areas and

communities;

(3) The anticipated benefits from such

projects in relation to their costs;

(4) The need for marketing research

with respect to any market development

activity; and

(5) Other relevant factors.

(c) If the committee concludes that a

program of research and development

should be undertaken, or continued, in

any fiscal period, it shall submit the

following for the approval of the

Secretary:

(1) Its recommendations as to the

funds to be obtained pursuant to

§§ 956.42 and 956.45;

(2) Its recommendations as to any

research projects; and

(3) Its recommendations as to

promotion activity and paid advertising.

(d) Upon conclusion of each activity,

but at least annually, the committee

shall summarize and report the results

of such activity to the Secretary.

(e) All marketing promotion activity

engaged in by the committee, including

paid advertising, shall be subject to the

following terms and conditions:

(1) No marketing promotion,

including paid advertising, shall refer to

any private brand, private trademark, or

private trade name;

(2) No promotion or advertising shall

disparage the quality, use, value, or sale

of like or any other agricultural

commodity or product, and no false or

unwarranted claims shall be made in

connection with the product; and

(3) No promotion or advertising shall

be undertaken without reason to believe

that returns to producers will be

improved by such activity.

Regulation

§ 956.61 Recommendation for regulations.

The committee shall recommend

regulations to the Secretary whenever it

deems it advisable, as provided in

§ 956.62. The committee also may

recommend modification, suspension,

or termination of any regulation, or

amendments thereto, in order to

facilitate the handling of Walla Walla

Sweet Onions for the purposes

authorized in § 956.63. The committee

may also recommend amendment,

modification, termination, or

suspension of any regulation issued

under this part.

§ 956.62 Container markings.

The committee may, with the

approval of the Secretary, provide a

method, through rules and regulations

issued pursuant to this part, for fixing

the marking of containers which may be

used in the packaging or handling of

Walla Walla Sweet Onions, including

appropriate logo or other container

markings to identify the contents

thereof. Further, the committee may,

with the approval of the Secretary,

establish through rules and regulations

such safeguards as may be necessary to

ensure that such container marking

requirements are in compliance with the

rules and regulations.

§ 956.63 Handling for specified purposes.

Upon the basis of recommendations

and information submitted by the

committee, or other available

information, the Secretary may issue

special regulations, or modify, suspend,

or terminate requirements in effect

pursuant to §§ 956.42 and 956.62 or any

combination thereof, in order to

facilitate the handling of onions for the

following purposes:

(a) Shipments of Walla Walla Sweet

Onions for relief or to charitable

institutions;

(b) Shipments of Walla Walla Sweet

Onions for livestock feed;

(c) Shipments of Walla Walla Sweet

Onions for planting and for plants;

(d) Shipments of Walla Walla Sweet

Onions as salad onions;

(e) Shipments of Walla Walla Sweet

Onions for all processing uses

including, pickling, peeling,

dehydration, juicing, or other

processing;

(f) Shipments of Walla Walla Sweet

Onions for disposal;

(g) Shipments of Walla Walla Sweet

Onions for seed;
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(h) Shipments of Walla Walla Sweet

Onions for packing or storing within the

production area or outside the

production area, but within specified

locations in the States of Oregon and

Washington; and

(i) Shipments of Walla Walla Sweet

Onions for other purposes which may

be specified.

§ 956.64 Minimum quantities.

The committee, with the approval of

the Secretary, may establish minimum

quantities below which Walla Walla

Sweet Onion shipments will be free

from the requirements in, or pursuant

to, §§ 956.42, 956.62, and 956.63, or any

combination thereof.

§ 956.65 Notification of regulations.

The Secretary shall notify the

committee of each regulation issued and

of each amendment, modification,

suspension, or termination thereof. The

committee shall give reasonable notice

thereof to handlers.

§ 956.66 Safeguards.

(a) The committee, with the approval

of the Secretary, may prescribe adequate

safeguards to prevent Walla Walla

Sweet Onions shipped, pursuant to

§§ 956.63 and 956.64, from entering

channels of trade for other than the

purpose authorized therefor.

(b) The committee, with the approval

of the Secretary, may also prescribe

rules and regulations governing the

issuance, and the contents, of

Certificates of Privilege, if such

certificates are prescribed as safeguards

by the committee. Such safeguards may

include requirements that:

(1) Handlers shall first file

applications with the committee to ship

such Walla Walla Sweet Onions.

(2) Handlers shall pay the pro rata

share of expenses provided by § 956.42

in connection with such Walla Walla

Sweet Onions.

(3) Handlers shall obtain Certificates

of Privilege from the committee prior to

effecting the particular onion shipment.

(c) The committee may rescind any

Certificate of Privilege, or refuse to issue

any Certificate of Privilege, to any

handler if proof is obtained that Walla

Walla Sweet Onions shipped by the

handler for the purposes stated in the

Certificate of Privilege were handled

contrary to the provisions of this part.

(d) The Secretary shall have the right

to modify, change, alter, or rescind any

safeguards prescribed and any

certificates issued by the committee

pursuant to the provisions of this

section.

(e) The committee shall make reports

to the Secretary as requested, showing

the number of applications for such

certificates, the quantity of Walla Walla

Sweet Onions covered by such

applications, the number of such

applications denied and certificates

granted, the quantity of Walla Walla

Sweet Onions handled under duly

issued certificates, and such other

information as may be requested.

Reports

§ 956.80 Reports and recordkeeping.

Upon request of the committee, made

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 under

this part.

(a) Such reports may include, but are

not necessarily limited to, the following:

(1) The acreage of Walla Walla Sweet

Onions grown;

(2) The quantities of Walla Walla

Sweet Onions received by such handler;

(3) The quantities of Walla Walla

Sweet Onions disposed of by such

handler;

(4) The disposition date of such Walla

Walla Sweet Onions;

(5) The manner of disposition of such

Walla Walla Sweet Onions; and

(6) The identification of the carrier

transporting such Walla Walla Sweet

Onions.

(b) All such reports shall be held

under appropriate protective

classification and custody by the

committee, or duly appointed

employees thereof, so that any

information contained therein which

may adversely affect the competitive

position of any handler in relation to

other handlers will not be disclosed.

Compilations of general reports from

data submitted by handlers is

authorized, subject to the prohibition of

disclosure of individual handler’s

identity or operations.

(c) Each handler shall maintain for at

least two succeeding years such records

of the Walla Walla Sweet Onions

received and disposed of by such

handler as may be necessary to verify

reports submitted to the committee

pursuant to this section.

Miscellaneous Provisions

§ 956.85 Termination or suspension.

(a) The Secretary may at any time

terminate the provisions of this subpart

by giving at least one day’s notice by

means of a press release or in any other

manner which the Secretary may

determine.

(b) The Secretary shall terminate or

suspend the operations of any or all of

the provisions of this subpart whenever

it is found that such provisions do not

tend to effectuate the declared policy of

the act.

(c) The Secretary shall terminate the

provisions of this subpart at the end of

any fiscal period whenever it is found

that such termination is favored by a

majority of producers who, during a

representative period, have been

engaged in the production of Walla

Walla Sweet Onions: Provided, That

such majority has, during such

representative period, produced for

market more than fifty percent of the

volume of such Walla Walla Sweet

Onions produced for market, but such

termination shall be announced at least

90 days before the end of the current

fiscal period.

(d) Within six years of the effective

date of this subpart the Secretary shall

conduct a continuance referendum to

ascertain whether continuance of this

subpart is favored by producers.

Subsequent referenda to ascertain

continuance shall be conducted every

six years thereafter. The Secretary may

terminate the provisions of this part at

the end of any fiscal period in which the

Secretary has found that continuance of

this subpart is not favored by a majority

of producers who, during a

representative period determined by the

Secretary, have been engaged in the

production for market of Walla Walla

Sweet Onions in the production area.

Such termination shall be announced on

or before the end of the fiscal period.

(e) The provisions of this subpart

shall, in any event, terminate whenever

the provisions of the Act authorizing

them cease to be in effect.

§ 956.87 Proceedings after termination.

(a) Upon the termination of the

provisions of this subpart, the then

functioning members of the committee

shall continue as joint trustees, for the

purpose of liquidating the affairs of the

committee, of all funds and property

then in the possession, or under control,

of the committee, including claims for

any funds unpaid or property not

delivered at the time of such

termination. Action by said trusteeship

shall require the concurrence of a

majority of the said trustees.

(b) The said trustees shall continue in

such capacity until discharged by the

Secretary; shall, from time to time,

account for all receipts and

disbursements and deliver all property

on hand, together with all books and

records of said committee and of the

trustees, to such person as the Secretary

may direct; and shall upon the request

of the Secretary, execute such

assignments or other instruments
Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Proposed Rules 17283

necessary or appropriate to vest in such

person full title and right to all of the

funds, property, and claims vested in

said committee or the trustees pursuant

to this subpart.

(c) Any person to whom funds,

property, or claims have been

transferred or delivered by the

committee or its members pursuant to

this section shall be subject to the same

obligations imposed upon the members

of the committee and upon the said

trustees.

§ 956.88 Effect of termination or

amendment.

Unless otherwise expressly provided

by the Secretary, the termination of this

subpart or of any regulation issued

pursuant to this subpart, or the issuance

of any amendments to either thereof,

shall not:

(a) Affect or waive any right, duty,

obligation, or liability which shall have

arisen or which may thereafter arise in

connection with any provision of this

subpart;

(b) Release or extinguish any violation

of this subpart or of any regulations

issued under this subpart; and

(c) Affect or impair any rights or

remedies of the Secretary or of any other

person with respect to any such

violations.

§ 956.89 Compliance.

No handler shall handle Walla Walla

Sweet Onions except in conformity to

the provisions of this part.

§ 956.90 Right of the Secretary.

The members of the committee,

including successors and alternates, and

any agent or employee appointed or

employed by the committee shall be

subject to removal or suspension by the

Secretary at any time. Each and every

order, regulation, decision,

determination, or other act of the

committee shall be subject to the

continuing right of the Secretary to

disapprove of the same at any time.

Upon such disapproval, the

disapproved action of the committee

shall be deemed null and void except as

to acts done in reliance thereon or in

compliance therewith prior to such

disapproval by the Secretary.

§ 956.91 Duration of immunities.

The benefits, privileges, and

immunities conferred upon any person

by virtue of this subpart shall cease

upon the termination of this subpart,

except with respect to acts done under

and during the existence of this subpart.

§ 956.92 Agents.

The Secretary may, by designation in

writing, name any person, including any

officer or employee of the Government,

or name any agency in the United States

Department of Agriculture, to act as the

Secretary’s agent or representative in

connection with any of the provisions of

this part.

§ 956.93 Derogation.

Nothing contained in this part is, or

shall be construed to be, in derogation

or in modification of the rights of the

Secretary or of the United States to

exercise any powers granted by the Act

or otherwise, or, in accordance with

such powers, to act in the premises

whenever such action is deemed

advisable.

§ 956.94 Personal liability.

No member or alternate of the

committee or any employee or agent

thereof, shall be held personally

responsible, either individually or

jointly with others, in any way

whatsoever, to any handler or to any

person for errors in judgment, mistakes,

or other acts, either of commission or

omission, as such member, alternate,

employee, or agent, except for acts of

dishonesty, willful misconduct, or gross

negligence.

§ 956.95 Separability.

If any provision of this subpart is

declared invalid, or the applicability

thereof to any person, circumstance, or

thing is held invalid, the validity of the

remainder of this subpart, or the

applicability thereof to any other

person, circumstance, or thing shall not

be affected thereby.

§ 956.96 Amendments.

Amendments to this subpart may be

proposed, from time to time, by the

committee or by the Secretary.

§ 956.97 Counterparts.

This agreement may be executed in

multiple counterparts, and when one

counterpart is signed by the Secretary,

all such counterparts shall constitute,

when taken together, one and the same

instrument as if all signatures were

contained in one original.

§ 956.98 Additional parties.

After the effective date hereof, any

handler may become a party to this

agreement if a counterpart is executed

by the handler and delivered to the

Secretary. This agreement shall take

effect as to such new contracting party

at the time such counterpart is delivered

to the Secretary, and the benefits,

privileges, and immunities conferred by

this agreement shall then be effective as

to such new contracting party.

§ 956.99 Order with marketing agreement.

Each signatory handler hereby

requests the Secretary to issue, pursuant

to the Act, an order providing for

regulating the handling of Walla Walla

Sweet Onions in the same manner as is

provided for in this agreement.

Note: This marketing agreement will not

appear in the Code of Federal Regulations.

United States Department of

Agriculture, Agricultural Marketing

Service

Marketing Agreement Regulating the

Handling of Onions Grown in Walla Walla

County, Washington, and Umatilla County,

Oregon

The parties hereto, in order to effectuate

the declared policy of the Agricultural

Marketing Agreement Act of 1937, as

amended (Secs. 1–19, 48 Stat. 31, as

amended; 7 U.S.C. 601–674), and in

accordance with the applicable rules of

practice and procedure effective thereunder

(7 CFR, Part 900), desire to enter into this

marketing agreement regulating the handling

of onions grown in Walla Walla County,

Washington, and Umatilla County, Oregon;

and each party hereto agrees that such

handling shall, from the effective date of this

marketing agreement, be in conformity to,

and in compliance with, the provisions of

said marketing agreement.

The provisions of §§ 956.1 to 956.96,

inclusive, of Marketing Order No. 956, (7

CFR, Part 956) of the order annexed to and

made a part of the decision of the Secretary

of Agriculture with respect to a proposed

marketing agreement and order regulating the

handling of onions grown in Walla Walla

County, Washington, and Umatilla County,

Oregon, plus the following additional

provisions shall be, and the same hereby are,

the terms and conditions hereof; and the

specified provisions of said annexed order

are hereby incorporated into this marketing

agreement as if set forth in full herein.

§ 956.97 Counterparts.

This agreement may be executed in

multiple counterparts and when one

counterpart is signed by the Secretary, all

such counterparts shall constitute, when

taken together, one and the same instrument

as if all signatures were contained in one

original.

§ 956.98 Additional parties.

After the effective date hereof, any handler

may become a party to this agreement if a

counterpart is executed by such handler and

delivered to the Secretary. This agreement

shall take effect as to such new contracting

party at the time such counterpart is

delivered to the Secretary, and the benefits,

privileges, and immunities conferred by this

agreement shall then be effective as to such

new contracting party.

§ 956.99 Order with marketing agreement.

Each signatory handler hereby requests the

Secretary to issue, pursuant to the act, an

order providing for regulating the handling of

onions in the same manner as is provided in

this agreement.
17284 Federal Register / Vol. 60, No. 65 / Wednesday, April 5, 1995 / Proposed Rules

1 If one of the contracting parties to this

agreement is a corporation, my signature constitutes

certification that I have the power granted to me by

the Board of Directors to bind this corporation to

the marketing agreement.

Note: Public reporting burden for this collection

of information is estimated to average 20 minutes

per response, including the time for reviewing

instructions, searching existing data sources,

gathering and maintaining the data needed, and

completing and reviewing the collection of

information. Send comments regarding this burden

estimate or any other aspect of this collection of

information, including suggestions for reducing this

burden, to the Department of Agriculture, Clearance

Officer, OIRM, AG Box 7630, Administration

Building, Washington, D.C. 20250; and to the Office

of Management and Budget, Paperwork Reduction

Project, Washington, D.C. 20503, regarding OMB

No. 0581–0089. When replying, refer to the OMB

Number and Form Number in your letter.

The undersigned hereby authorizes the

Director, or Acting Director, Fruit and

Vegetable Division, Agricultural Marketing

Service, United States Department of

Agriculture, to correct any typographical

errors which may have been made in this

marketing agreement.

In Witness Whereof, the contracting

parties, acting under the provisions of the

act, for the purpose and subject to the

limitations therein contained, and not

otherwise, have hereto set their respective

signatures and seals.

lllllllllllllllllllll

(Firm Name)

lllllllllllllllllllll

(Mailing Address)

lllllllllllllllllllll

(City, State, and ZIP Code)

By: 1 llllllllllllllllll

(Signature)

lllllllllllllllllllll

(Title)

lllllllllllllllllllll

(Date of Execution)

(Corporate Seal: if none, so state)

(For use by incorporated handlers)

Certification of Resolution

(Corporation Only)

At a duly convened meeting of the Board

of Directors of

lllllllllllllllllllll

held at lllllllllllllllll

on the llll day of llllll 19ll,

Resolved, That lllllllllllll

shall become a party of the marketing

agreement regulating the handling of onions

grown in Walla Walla County, Washington,

and Umatilla County, Oregon, which

annexed to and made part of the decision of

the Secretary of Agriculture, and it is further,

Resolved, That

lllllllllllllllllllll

(Name)

lllllllllllllllllllll

(Title)

and lllllllllllllllllll

(Name)

lllllllllllllllllllll

(Title)

be, and the same hereby are, authorized and

directed severally or jointly to sign, execute,

and deliver counterparts of the said

agreement to the Secretary of Agriculture.

I, llllllllllllllllllll

Secretary of lllllllllllllll

do hereby certify this is a true and correct

copy of a resolution adopted at the above

named meeting as said resolution appears in

the minutes thereof.

lllllllllllllllllllll

(Signature)

lllllllllllllllllllll

(Address of Firm)

(Corporate Seal: if none, so state)

[FR Doc. 95–8428 Filed 4–4–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 94–AWA–7]

Proposed Modification of the Cedar

Rapids Municipal Airport, IA, Corpus

Christi International Airport, TX,

Harlingen Rio Grande Valley

International Airport, TX, Abilene

Regional Airport, TX, Dyess AFB, TX,

and Santa Barbara Municipal Airport

CA, Class C Airspace Areas and

Proposed Establishment of the Cedar

Rapids Municipal Airport, IA, Class E

Airspace Area

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

modify the Class C airspace areas at

Cedar Rapids Municipal Airport, IA,

Corpus Christi International Airport,

TX, Harlingen Rio Grande Valley

International Airport, TX, Abilene

Regional Airport, TX, Dyess AFB, TX,

and Santa Barbara Municipal Airport,

CA. Class C airspace areas are

predicated on an operational air traffic

control tower (ATCT) serviced by a

radar approach control facility. These

areas would be modified to reflect the

radar approach control facility’s hours

of operation. This proposal would not

change the designated boundaries or

altitudes of these Class C airspace areas.

In addition, this notice proposes to

establish Class E airspace at Cedar

Rapids Municipal Airport, IA, when the

associated radar approach control

facility is not in operation.

DATES: Comments must be received on

or before April 28, 1995.

ADDRESSES: Send comments on the

proposal in triplicate to: Federal

Aviation Administration, Office of the

Chief Counsel, Attention: Rules Docket

[AGC–200], Airspace Docket No. 94–

AWA–7, 800 Independence Avenue,

SW., Washington, DC 20591.

The official docket may be examined

in the Rules Docket, Office of the Chief

Counsel, Room 916, 800 Independence

Avenue, SW., Washington DC,

weekdays, except Federal holidays,

between 8:30 a.m. and 5:00 p.m.

An informal docket may also be

examined during normal business hours

at the office of the Regional Air Traffic

Division.

FOR FURTHER INFORMATION CONTACT:

William C. Nelson, Airspace and

Obstruction Evaluation Branch (ATP–

240), Airspace-Rules and Aeronautical

Information Division, Air Traffic Rules

and Procedures Service, Federal

Aviation Administration, 800

Independence Avenue, SW.,

Washington, DC 20591; telephone: (202)

267–9295.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested parties are invited to

participate in this proposed rulemaking

by submitting such written data, views,

or arguments as they may desire.

Comments that provide the factual basis

supporting the views and suggestions

presented are particularly helpful in

developing reasoned regulatory

decisions on the proposal. Comments

are specifically invited on the overall

regulatory, aeronautical, economic,

environmental, and energy-related

aspects of the proposal.

Communications should identify the

airspace docket number and be

submitted in triplicate to the address

listed above. Commenters wishing the

FAA to acknowledge receipt of their

comments on this notice must submit

with those comments a self-addressed,

stamped, postcard on which the

following statement is made:

‘‘Comments to Airspace Docket No. 94–

AWA–7.’’ The postcard will be date/

time stamped and returned to the

commenter. All communications

received on or before the specified

closing date for comments will be

considered before taking action on the

proposed rule. The proposal contained

in this notice may be changed in light

of comments received. All comments

submitted will be available for

examination in the Rules Docket both

before and after the closing date for

comments. A report summarizing each

substantive public contact with FAA

personnel concerned with this

rulemaking will be filed in the docket.