This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

24877

Vol. 61, No. 97

Friday, May 17, 1996

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Docket No. FV95–959–3FR]

Onions Grown in South Texas; Change

in Regulatory Period

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule changes the

end of the regulatory period for onions

grown in South Texas under Marketing

Order 959 from June 15 to June 4 of each

year. Terminating the handling

regulation on June 4 will relieve

restrictions on handlers who ship late

season onions and help them become

more competitive with handlers from

non-marketing order areas without

diminishing South Texas marketing

order objectives. A corresponding

change in the dates for the import

regulation also will be made in a second

document. This final rule also includes

a conforming change recognizing that

the onions previously defined as ‘‘Extra

large’’ are now defined as ‘‘Colossal’’

under the U.S. grade standards for

onions.

EFFECTIVE DATE: June 4, 1996.

FOR FURTHER INFORMATION CONTACT:

Belinda G. Garza, Marketing Order

Administration Branch, F&V, AMS,

USDA, 1313 E. Hackberry, McAllen, TX

78501; telephone: 210–682–2833; FAX

210–682–5942; or 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 202–720–5698.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement No. 143 and Marketing

Order No. 959 (7 CFR part 959), as

amended, regulating the handling of

onions grown in South Texas,

hereinafter referred to as the ‘‘order.’’

This order is effective under the

Agricultural Marketing Agreement Act

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

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this 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 final 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 will rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

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.

There are 35 handlers of South Texas

onions who are subject to regulation

under the marketing order and 89

producers in the regulated area. Small

agricultural service firms, which

includes handlers, 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 having annual receipts of less

than $500,000. The majority of handlers

and producers of South Texas onions

may be classified as small entities.

At a public meeting on November 8,

1994, the South Texas Onion Committee

(committee) unanimously

recommended, under the authority of

§ 959.52(c) of the order, changing the

termination date of the regulatory

period for all varieties of regulated

onions from June 15 to June 4.

Currently, order regulations are in effect

from March 1 through June 15 each

year. The early and mid-season crop is

produced in the Lower Rio Grande

Valley (District 1), which generally

accounts for about 80 percent of the

total. The remaining crop, generally 20

percent, is produced in the LaredoWinter Garden area of South Texas

(District 2). These are the last regulated

shipments to leave the production area

each season.

In April 1994, based on a committee

recommendation, the regulatory period

was extended from May 20 to June 15

(59 FR 17265; April 12, 1994). At that

time, the committee believed that the

application of quality control

requirements over a longer time was

necessary to enhance the South Texas

onion industry’s market research and

promotion efforts, and protect its quality

image. The committee also believed that

District 2 handlers should pay

assessments on more of their shipments

for the research and promotion

programs that benefit the entire

industry.

After one season’s experience, District

2 growers and handlers requested the

committee to reconsider the regulatory

extension. Shipments made from

District 2 compete with onions

produced in West Texas and other areas

of the United States not regulated under

Federal marketing orders. Onion prices

are usually quite low during this period

and unregulated areas have a

competitive advantage over District 2

because inspection costs for quality

control purposes and administrative

assessments are not incurred by

shippers from these areas. Ending

regulations on June 4, rather than June
24878 Federal Register / Vol. 61, No. 97 / Friday, May 17, 1996 / Rules and Regulations

15, will relieve restrictions on District 2

shippers and help them become more

competitive with shippers from these

production areas without diminishing

program objectives.

Section 8e provides that whenever

certain specified commodities,

including onions, are regulated under a

Federal marketing order, imports of that

commodity must meet the same or

comparable grade, size, quality, and

maturity requirements as those in effect

for the domestically produced

commodity, subject to concurrence by

the United States Trade Representative.

The Act further provides that when two

or more marketing orders covering the

same commodity are concurrently in

effect, imports will be subject to the

requirements established for the

commodity grown in the area with

which the imported commodity is in

most direct competition. Because this

rule changes the regulatory period

under the South Texas onion marketing

order, corresponding changes will be

needed in the onion import regulations.

Such changes are addressed in a

separate onion import rule.

The proposed rule concerning this

action was published in the February

20, 1996, Federal Register (61 FR 6328),

with a 30-day comment period ending

March 21, 1996. One comment was

received in opposition to the proposed

rule from a packer. The commenter

stated that both South Texas and IdahoEastern Oregon successfully compete

with onion producing areas that are not

regulated. He further stated that he

believed that the order was necessary to

improve quality and thus make the

production area a stronger competitor in

the onion industry. The committee

contends that this competition tends to

bring about low prices to the late

producing areas, and sometimes the

addition of an administrative

assessment and inspection fee may

leave the shipper of late season South

Texas onions at a competitive

disadvantage. Thus, the committee

believes that removing inspection and

assessment requirements for a very short

period will help shippers of late onions

meet the competition from production

areas outside of South Texas without

diminishing program objectives.

After thoroughly analyzing the

comment received and other available

information, the Department has

concluded that ending the regulatory

period on June 4, rather than June 15,

as recommended by the committee will

reduce the regulatory burden on late

season shippers and help them compete

more effectively with shippers from

unregulated areas in the United States

without adversely affecting the overall

objectives of the marketing order. As

mentioned earlier, onion prices are

usually quite low late in the season and

unregulated areas have a competitive

advantage over the late season shippers

from South Texas because inspection

costs for quality control purposes and

administrative assessments are not

incurred by shippers from many of these

areas.

This final rule also changes the name

of the largest size classification of

onions under the handling regulation (7

CFR 959.322(b)(5)) from ‘‘Extra large’’ to

‘‘Colossal’’ to bring that designation into

conformity with the designation used in

the U.S. Standards for Grades of

Bermuda-Granex-Grano Type Onions (7

CFR 51.3195–51.3209), and the U.S.

Standards for Grades of Onions (Other

Than Bermuda-Granex-Grano and

Creole Types) (7 CFR 51.2830–51.2854).

The standards were revised effective

October 10, 1995 (60 FR 46976). One of

the revisions was the addition of a new

size classification called ‘‘Colossal’’ for

onions 33⁄4 inches or larger in diameter.

A conforming change failed to be made

in the handling regulations and onions

of this size continued to be referred to

as ‘‘Extra large’’ in paragraph (b)(5) of

section 959.322. Hence, this term

should be changed to ‘‘Colossal’’ to

bring the handling regulation into

conformity with the standards. The

committee recommended this minor

conforming change.

In accordance with section 8e of the

Act, the United States 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, including the

information and recommendations

submitted by the commenter, committee

and other available information, 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 relaxes restrictions on South

Texas onion handlers by ending

regulations on June 4 of each season

rather than June 15 of each season; (2)

the shipping season for South Texas

onions has already begun and the

committee would like this action

effective for this season; (3) changing

the ending date of the handling

regulation was discussed at a public

meeting, and all interested persons had

an opportunity to provide input; and (4)

there are no additional regulatory

burdens imposed by this rule which

require special preparations of handlers.

List of Subjects in 7 CFR Part 959

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR part 959 is hereby

amended as follows:

PART 959—ONIONS GROWN IN

SOUTH TEXAS

1. The authority citation for 7 CFR

part 959 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In § 959.322, the introductory text

and paragraph (b)(5) are revised to read

as follows:

§ 959.322 Handling regulation.

During the period beginning March 1

and ending June 4, no handler shall

handle any onions unless they comply

with paragraphs (a) through (d), or (e),

or (f) of this section. In addition, no

handler may package or load onions on

Sunday during the period March 1

through May 20.

* * * * *

(b) * * *

(5) ‘‘Colossal’’—33⁄4 inches or larger in

diameter.

* * * * *

Dated: May 14, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–12434 Filed 5–16–96; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 90–CE–62–AD; Amendment 39–

9621; AD 96–10–14]

RIN 2120–AA64

Airworthiness Directives; The New

Piper Aircraft, Inc. (Formerly Piper

Aircraft Corporation) PA31, PA31P,

and PA31T Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

Airworthiness Directive (AD) 88–05–05,

which currently requires the following

on certain The New Piper Aircraft, Inc.

(Piper) PA31, PA31P, and PA31T series

airplanes: repetitively inspecting both