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

[[Page 25556]]

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]

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