[Federal Register Volume 61, Number 100 (Wednesday, May 22, 1996)]
[Rules and Regulations]
[Pages 25555-25557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-12836]



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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Part 980

[FV95-980-1FR]


Vegetables; Import Regulations; Modification of Regulatory Time 
Periods for Imported Onions

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule modifies the time periods when imported onions 
are regulated based on the grade, size, quality, and maturity 
requirements of the South Texas onion and Idaho-Eastern Oregon onion 
marketing orders. The change is needed to make the onion import 
requirements consistent with regulatory time period changes made under 
the South Texas onion marketing order.

EFFECTIVE DATE: June 4, 1996.

FOR FURTHER INFORMATION CONTACT: Robert F. Matthews, Marketing 
Specialist, Marketing Order Administration Branch, F&V, AMS, USDA, room 
2523-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202) 
690-0464; Fax number (202) 720-5698.

SUPPLEMENTARY INFORMATION: This rule is issued under section 8e of 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 (Department) is issuing this final 
rule in conformance with Executive Order 12866.
    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This rule is not intended to have retroactive 
effect. This rule will not preempt any State or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule. There are no administrative procedures which 
must be exhausted prior to any judicial challenge to the provisions of 
this rule.
    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. There are approximately 
148 importers of onions who will be affected by this rule. Small 
agricultural service firms, which include onion importers, have been 
defined by the Small Business Administration (13 CFR 121.601) as those 
having annual receipts of less than $5,000,000. The majority of onion 
importers may be classified as small entities.
    Import regulations issued under the Act are based on regulations 
established under Federal marketing orders which regulate the handling 
of domestically produced products. Thus, this final rule should have 
small entity orientation, and impact on both small and large business 
entities in a manner comparable to rules issued under marketing orders. 
This rule modifies the dates when imported onions are regulated, based 
on requirements of the South Texas onion and Idaho-Eastern Oregon onion 
marketing orders.
    Section 8e of the Act provides that whenever certain specified 
commodities, including onions, are regulated under a Federal marketing 
order, imports of that commodity into the United States are prohibited 
unless they meet the same or comparable grade, size, quality, and 
maturity requirements. Section 8e also provides that whenever two or 
more marketing orders regulate the same commodity produced in different 
areas of the United States, the Secretary shall determine with which 
area the imported commodity is in most direct competition and apply 
regulations based on that area to the imported commodity.
    Marketing Order No. 958 regulates onions grown in certain counties 
of Idaho and Eastern Oregon and Marketing Order No. 959 regulates 
onions grown in South Texas. Fresh onion shipments from Idaho-Eastern 
Oregon are regulated throughout the year, while onion shipments from 
South Texas had been regulated from March 1 through June 15 each year. 
On the basis of past shipment data, the Secretary determined that 
onions imported during the March 10 through June 15 period were in most 
direct competition with onions grown in South Texas and found that the 
minimum grade, size, quality, and maturity requirements for onions 
imported during that period should be the same as those established for 
South Texas onions under Marketing Order No. 959. The Secretary further 
determined that onions imported during the June 16 through March 9 
period were in most direct competition with onions grown in Idaho-
Eastern Oregon and that the minimum grade, size, quality, and maturity 
requirements for onions imported during that period should be the same 
as those established for Idaho-Eastern Oregon onions under Marketing 
Order No. 959.
    Based on a recommendation of the South Texas Onion Committee 
(committee), the agency responsible for local administration of 
Marketing Order No. 959, the Department has changed the end of the 
South Texas regulatory period from June 15 to June 4. Because South 
Texas onions will no longer be regulated after June 4, and Idaho-
Eastern Oregon onions are regulated throughout the year, the Department 
has determined that onions imported during the March 10 through June 4 
period are in most direct competition with onions produced in South 
Texas and that the minimum grade, size, quality, and maturity 
requirements established under the South Texas marketing order should 
apply to onions imported during the March 10 through June 4 period, 
instead of the previous March 10 through June 15 period. Imports of 
onions during the June 5 through March 9 period will be required to 
meet minimum grade, size, quality, and maturity requirements based on 
those established under the Idaho-Eastern Oregon marketing order.
    The proposed rule concerning this action was published in the 
February 9, 1996, Federal Register (61 FR 4941), with a 30-day comment 
period ending March 11, 1996. No comments were received.
    In accordance with section 8e of the Act, the U.S. Trade 
Representative has concurred with the issuance of this final rule.
    Based on the above, the AMS has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.
    After consideration of all relevant matter presented, it is hereby 
found that this rule, as hereinafter set forth, will tend to effectuate 
the declared policy of the Act.
    Pursuant to 5 U.S.C 553, it is further found that good cause exists 
for not postponing the effective date of this action until 30 days 
after publication in the Federal Register because: (1) This regulation 
imposes no additional restrictions on onion importers by ending import 
requirements based on South Texas on June 4 of each season rather than 
June 15 of each season; (2) section 8e of the Act requires import 
requirements based on South Texas (7 CFR part 959) to change to those 
based on Idaho-Eastern Oregon (7 CFR part 958) when South Texas is no 
longer the area of production with which the imported commodity is in 
most direct competition; (3) changing the ending date of the domestic 
regulation was discussed at a public meeting, and all interested 
persons had an opportunity to provide input; and (4) there are no

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regulatory burdens imposed by this rule which require special 
preparations of importers.

List of Subjects in 7 CFR Part 980

    Food grades and standards, Imports, Marketing agreements, Onions, 
Potatoes, Tomatoes.

    For the reasons set forth in the preamble, 7 CFR part 980 is hereby 
amended as follows:

PART 980--VEGETABLES; IMPORT REGULATIONS

    1. The authority citation for 7 CFR part 980 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


Sec. 980.117   [Amended]

    2. In Sec. 980.117, paragraph (a)(2) is amended by removing ``June 
16'' and adding in its place ``June 5'' and by removing ``June 15'' and 
adding in its place ``June 4''; paragraph (b)(1) is amended by removing 
``June 16'' and adding in its place ``June 5''; and paragraph (b)(2) is 
amended by removing ``June 15'' and adding in its place ``June 4.''

    Dated: May 14, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-12836 Filed 5-21-96; 8:45 am]
BILLING CODE 3410-02-P