Onions Grown in South Texas; and Melons Grown in South Texas; Revision of Continuing Handling Regulations

DEPARTMENT OF AGRICULTURE

7 CFR Parts 959 and 979

[Docket No. FV93-959-3IFR]

Onions Grown in South Texas; and Melons Grown in South Texas;

Revision of Continuing Handling Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule relaxes the handling regulations for

South Texas onions and melons by allowing handlers the option to submit

a shipment release form to Texas Department of Agriculture (TDA)

authorities at road guard stations. The shipment release form provides

adequate information to enable the TDA to determine whether the onions

and melons have been inspected and meet marketing order requirements,

thereby helping ensure compliance with order provisions. The

regulations currently provide that a copy of the applicable inspection

certificate is the only satisfactory inspection document that may

accompany onion and melon shipments.

DATES: Effective on March 22, 1994. Comments which are received by

April 21, 1994 will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments

concerning this interim final rule. Comments must be sent in triplicate

to the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box

96456, room 2523-S, Washington, DC 20090-6456, Fax # (202) 720-5698.

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: Belinda G. Garza, McAllen Marketing

Field Office, Fruit and Vegetable Division, AMS, USDA, 1313 East

Hackberry, McAllen, Texas 78501, telephone: (210) 682-2833; or Robert

F. Matthews, Marketing Order Administration Branch, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-

6456, telephone: (202) 690-0464.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order

No. 959 (7 CFR part 959), as amended, regulating the handling of onions

grown in South Texas, and Marketing Order No. 979 (7 CFR Part 979),

regulating the handling of melons grown in South Texas, hereinafter

referred to as the ``orders.'' These orders are authorized by 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 rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This action is not intended to have retroactive effect.

This interim final rule will not preempt any state or local laws,

regulations, or policies, unless they present an irreconcilable

conflict with this action.

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.

Pursuant to requirements set forth in the Regulatory Flexibility

Act (RFA), the Administrator of 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 38 handlers of South Texas onions subject to regulation

under Marketing Order No. 959 and 97 onion producers in the production

area. There are 19 handlers of South Texas melons subject to regulation

under Marketing Order No. 979 and 40 melon producers in the production

area. Small agricultural service firms have been defined by the Small

Business Administration (13 CFR 121.601) as those whose annual receipts

are less than $3,500,000, 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.

The South Texas Onion and Melon Committees (committees) met

November 9 and December 9, 1993, respectively, and discussed procedures

for clearing shipments of onions and melons at road guard stations

operated by the TDA. The committees unanimously recommended revising

paragraphs (d)(2) of Sec. 959.322 and (c)(2) of Sec. 979.304,

respectively, to make the regulations consistent with current industry

practice.

Currently, the regulations specify that onion and melon shipments

must be accompanied by a copy of the inspection certificate or other

documentary evidence indicating that the shipment has been inspected

and meets marketing order requirements and that such documents be

presented to TDA road guard authorities. This rule allows shipments of

onions and melons to be accompanied by a shipment release form issued

by the Federal or Federal-State Inspection Service which would be

surrendered to authorities. The shipment release form identifies truck

lots to which inspection certificates are applicable and certifies that

the shipment of onions or melons has been inspected and meets the

respective marketing order requirements. The shipment release form may

be used as proof of such clearance when presented at a road guard

station.

The TDA requested the committees to specify that TDA personnel are

the proper authorities for reviewing inspection certificates or

shipment release forms at road guard stations. Therefore, the

committees recommended that handlers be required to surrender either

the appropriate inspection certificate or shipment release form to TDA

personnel at road guard stations. This action will enable the TDA to

determine whether onions and melons shipped from the respective

production areas meet order requirements and should help ensure

compliance with the two orders' provisions.

Based on the above, the Administrator of the AMS has determined

that this action will not have a significant economic impact on a

substantial number of small entities.

In accordance with the Paperwork Reduction Act of 1988 (44 U.S.C.

chapter 35), the information collection requirements that are contained

in this rule have been previously approved by the Office of Management

and Budget (OMB) and have been assigned OMB No. 0581-0074 for onions

and 0581-0076 for melons. This action does not entail additional

recordkeeping on the part of the handlers because the shipment release

form is not a new form.

After consideration of the committees' recommendations and other

relevant information presented, it is found that this interim final

rule will tend to effectuate the declared policy of the Act.

Pursuant to 5 U.S.C. 553, it is also found and determined upon good

cause, that it is impracticable, unnecessary, and contrary to the

public interest to give preliminary notice prior to putting this rule

into effect, and that good cause exists for not postponing the

effective date of this action until 30 days after publication in the

Federal Register because: (1) These actions were unanimously

recommended by the committees at public meetings; (2) no new forms are

required to be prepared by handlers; (3) handlers need to be aware of

the changes in the requirements; and (4) these actions provide a 30-day

comment period, and any comments received will be considered prior to

finalization of this rule.

List of Subjects

7 CFR Part 959

Marketing agreements, Onions, Reporting and recordkeeping

requirements.

7 CFR Part 979

Marketing agreements, Melons, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR parts 959 and 979

are amended as follows:

PART 959--ONIONS GROWN IN SOUTH TEXAS

PART 979--MELONS GROWN IN SOUTH TEXAS

1. The authority citation for 7 CFR parts 959 and 979 continues to

read as follows:

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

2. Section 959.322 Handling Regulation is amended by revising

paragraphs (d)(2) and (d)(3) to read as follows:

Sec. 959.322 Handling regulation.

* * * * *

(d) * * *

(2) No handler may transport by motor vehicle or cause such

transportation of any shipment of onions for which an inspection

certificate is required unless each such shipment is accompanied by a

copy of the inspection certificate applicable thereto or the shipment

release form furnished by the inspection service identifying truck lots

to which a valid inspection certificate is applicable. A copy of such

inspection certificate or shipment release form shall be surrendered

upon request to Texas Department of Agriculture personnel designated by

the committee.

(3) For purposes of operation under this part, each inspection

certificate, shipment release form, or committee form required as

evidence of inspection is hereby determined to be valid for a period

not to exceed 72 hours following completion of inspection as shown on

the certificate.

* * * * *

3. Section 979.304 Handling Regulation is amended by revising

paragraphs (c)(2) and (c)(3) to read as follows:

Sec. 979.304 Handling regulation.

* * * * *

(c) * * *

(2) No handler may transport by motor vehicle or cause such

transportation of any shipment of melons for which an inspection

certificate is required unless each such shipment is accompanied by a

copy of the inspection certificate applicable thereto or the shipment

release form furnished by the inspection service identifying truck lots

to which a valid inspection certificate is applicable. A copy of such

inspection certificate or shipment release form shall be surrendered

upon request to Texas Department of Agriculture personnel designated by

the committee.

(3) For purposes of operation under this part, each inspection

certificate, shipment release form, or committee form required as

evidence of inspection is hereby determined to be valid for a period

not to exceed 72 hours following completion of inspection as shown on

the certificate.

* * * * *

Dated: March 16, 1994.

Martha B. Ransom,

Acting Deputy Director, Fruit and Vegetable Division.

[FR Doc. 94-6654 Filed 3-21-94; 8:45 am]

BILLING CODE 3410-02-P