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

20188

Vol. 61, No. 88

Monday, May 6, 1996

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 958

[FV96–958–1PR]

Onions Grown in Certain Designated

Counties in Idaho, and Malheur

County, Oregon, and Imported Onions;

Modification of Size Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: This proposed rule would

change the ‘‘repacker/prepacker’’ size

designations for all varieties of onions

except white or red varieties by

increasing the minimum diameter from

11⁄2 inches to 13⁄4 inches, and the

maximum diameter from 21⁄2 inches to

23⁄4 inches for onions in this size

category. Recent trends in buyer

preference reflect an increasing demand

for larger size onions in the ‘‘repacker/

prepacker’’ category. This proposed rule

is intended to benefit producers and

handlers by increasing their flexibility

and efficiency in the packaging of

‘‘repacker/prepacker’’ size onions. As

provided under section 8e of the

Agricultural Marketing Agreement Act

of 1937, the proposed change to the

minimum size requirement would also

apply to all imported onions except

white or red varieties.

DATES: Comments must be received by

June 5, 1996.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2523, South Building, P.O.

Box 96456, Washington, D.C. 20090–

6456; Fax: (202) 720–5698. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be made available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Robert J. Curry, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone:

(503)326–2724; FAX: (503)326–7440; or

Robert F. Matthews, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, room

2523, South Building, P.O. Box 96456,

Washington, D.C. 20090–6456;

telephone: (202)690–0464; FAX:

(202)720–5698.

SUPPLEMENTARY INFORMATION: This

proposed rule is issued under Marketing

Agreement No. 130 and Marketing

Order No. 958 (7 CFR Part 958), both as

amended, regulating the handling of

onions grown in certain designated

counties in Idaho and Malheur County,

Oregon. The marketing agreement and

marketing order are effective under the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

hereinafter referred to as the Act.

This proposed rule, which would also

affect the minimum size requirements

for all varieties of imported onions,

except white or red varieties, is also

issued pursuant to section 8e of the Act.

The provisions of section 8e and the

onion import regulations are discussed

later in this proposed rule.

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This proposed rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This proposal is not

intended to have retroactive effect. This

proposed rule will not preempt any

State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary 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 the Secretary 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 in

equity to review the Secretary’s ruling

on the petition, provided a bill in equity

is filed not later than 20 days after the

date of the entry of the ruling.

There are no administrative

proceedings which must be exhausted

prior to any judicial challenge to the

provisions import regulations issued

under section 8e of the act.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

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. Thus, both statutes have small

entity orientation and compatibility.

Import regulations issued under the act

are based on those established under

Federal Marketing Orders.

There are currently 34 handlers

subject to regulation under the

marketing order and approximately 550

onion producers in the regulated

production area. In addition, at least 148

importers of onions are subject to

import regulations and would be

affected by this proposed rule.

Small agricultural service firms have

been defined by the Small Business

Administration (13 CFR 121.601) as

those having annual receipts of less than

$5,000,000, and small agricultural

producers are defined as those whose

annual receipts are less than $500,000.

The majority of handlers and producers

of Idaho-Eastern Oregon onions may be

classified as small entities. The majority

of importers may also be classified as

small entities.

Pursuant to authority contained in

section 958.51 of the marketing order,

the Idaho-Eastern Oregon Onion

Committee (Committee), at its

November 16, 1995, meeting,

unanimously recommended changing

the minimum and maximum sizes set

forth in section 958.328(a)(3)(ii) of the

handling regulation. For this size
Federal Register / Vol. 61, No. 88 / Monday, May 6, 1996 / Proposed Rules 20189

category, the Committee recommended

increasing the minimum diameter from

11⁄2 inches to 13⁄4 inches, and the

maximum diameter from 21⁄2 inches to

23⁄4 inches for all onions except white

or red varieties produced and handled

in the production area. Yellow onions

are the major group produced in the

regulated production area.

This proposed rule would modify a

marketing order size category that is

recognized by the onion industry as

‘‘repacker’’ or ‘‘prepacker’’ size onions.

Onions in this size category are

generally packed and shipped in 50-

pound sacks for later repacking into

various consumer packs.

The U.S. Standards for Grades of

Onions were recently amended to

include a classification for ‘‘repacker/

prepacker’’ size onions (60 FR 46976,

September 8, 1995), effective October

10, 1995. Section 51.2836 of the U.S.

Standards defines such onions as those

ranging from a minimum diameter of

13⁄4 inches to a maximum diameter of 3

inches. The U.S. Standards also specify

that not more than 5 percent of the

onions in a lot may be undersized and

that not more than 10 percent may be

oversized.

Recent trends in buyer preference

reflect an increasing demand for larger

size onions in the ‘‘repacker/prepacker’’

category. The Committee reports that

the current maximum diameter of 21⁄2

inches for this size category is too

restrictive and has resulted in a high

percentage of onions being packed in a

different category due to oversize. This

has resulted in fewer ‘‘repacker/

prepacker’’ size onions being available

for market. With an increase in the

maximum allowable diameter to 23⁄4

inches for ‘‘repacker/prepacker’’ size

onions, the Committee expects the

quantity of such onions available for

market to increase. The Committee

recommended an increase to 23⁄4 inches

rather than 3 inches, the upper limit of

the size range specified in the U.S.

Standards, because the smaller size is

more suitable for this industry and its

customers. In addition to the proposed

increase in the maximum diameter for

onions in this category, the Committee

recommended that the minimum

diameter be increased from 11⁄2 inches

to 13⁄4 inches to be the same as the

recently amended U.S. Standards.

Any costs to handlers and producers

attributable to this proposed regulation,

if adopted, are expected to be offset by

the benefits derived from improved

returns. The proposed modification

would increase the volume of onions

marketed in this size category, and is

expected to result in higher returns for

producers and handlers.

Section 8e of the Act requires that

when certain domestically produced

commodities, including onions, are

regulated under a Federal marketing

order, imports of that commodity must

meet the same or comparable grade,

size, quality, or maturity requirements.

Section 8e also provides that whenever

two or more marketing orders regulating

the same commodity produced in

different areas of the United States are

concurrently in effect, the Secretary

shall determine which of the areas

produces the commodity in more direct

competition with the imported

commodity. Imports must then meet the

requirements established for the

particular area.

Grade, size, quality, and maturity

regulations have been issued regularly

under both Marketing Order 958 and

Marketing Order 959, which regulates

the handling of onions grown in South

Texas. The current import regulation (7

CFR 980.117) specifies that import

requirements for onions are to be based

on the seasonal categories of onions

grown in both marketing order areas.

The import regulations specify that

imported onions must meet the

requirements of Marketing Order 958

during the June 16 through March 9

period each season and Marketing Order

959 through the remainder of the year.

Rulemaking is now in progress that

would, if approved, change the

beginning date of Marketing Order 958

requirements to June 5 (61 FR 4941;

February 9, 1996). Current import

regulations also provide that all

varieties of imported onions, except for

white varieties, must be a minimum of

11⁄2 inches in diameter. This proposal

would change the import requirements

for the period June 16 through March 9

each marketing year to provide that all

varieties of onions except white or red

varieties shall be a minimum of 13⁄4

inches in diameter. While no changes

are required in the language of section

980.117, all imported onions other than

white or red varieties would be required

to meet the minimum size requirement

proposed herein.

Based on available information, the

Agricultural Marketing Service has

determined that the issuance of this

proposed rule would not have a

significant economic impact on a

substantial number of small entities.

A 30-day comment period is provided

to allow interested persons to respond

to this proposal. All written comments

received within the comment period

will be considered before a final

determination is made on this matter.

In accordance with section 8e of the

Act, the United States Trade

Representative has concurred with the

issuance of this proposed rule.

List of Subjects in 7 CFR Part 958

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 958 is proposed to

be amended as follows:

PART 958—ONIONS GROWN IN

CERTAIN DESIGNATED COUNTIES IN

IDAHO, AND MALHEUR COUNTY,

OREGON

1. The authority citation for 7 CFR

part 958 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 958.328 is amended by

revising paragraph (a)(3)(ii) to read as

follows:

§ 958.328 Handling Regulation.

* * * * *

(a) * * *

(3) * * *

(ii) U.S. No. 1, 13⁄4 inches minimum

to 23⁄4 maximum diameter; or

* * * * *

Dated: April 30, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–11154 Filed 5–3–96; 8:45 am]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Part 92

[Docket No. 95–084–2]

Permanent Private Quarantine

Facilities for Horses

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice of public meeting;

reopening and extension of comment

period.

SUMMARY: On February 26, 1996, we

published an advance notice of

proposed rulemaking requesting public

comment on the need for and

appropriate standards for the

establishment of permanent, private

quarantine facilities for horses imported

into the United States. To provide

additional opportunity for public

comment, this notice announces our

intention to hold a public meeting, and

to reopen and extend the comment

period on the advance notice. We are

also announcing the availability of a risk

assessment related to the establishment

of permanent, private quarantine