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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 980

[FV95-980-1PR]

Vegetables; Import Regulations; Modification of Regulatory Time

Periods for Imported Onions

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: This proposed rule would modify 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 proposed change is needed to make the onion

import requirements consistent with regulatory time period changes made

under the South Texas onion marketing order. This action is required by

section 8e of the Agricultural Marketing Agreement Act of 1937.

DATES: Comments must be received by March 11, 1996.

ADDRESSES: Interested persons are invited to submit written comments

concerning this proposed rule. Comments must be sent in triplicate to

the Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S,

P.O. Box 96456, Washington, DC 20090-6456; Fax number (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 F. Matthews, Marketing

Specialist, Marketing Order Administration Branch, F&V, AMS, USDA, room

2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: (202)

690-0464; Fax number (202) 720-5698.

SUPPLEMENTARY INFORMATION: This proposal 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 rule in

conformance with Executive Order 12866. This proposed rule has been

reviewed under Executive Order 12778, Civil Justice Reform. This

proposed rule 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. There are no administrative procedures which must be exhausted

prior to any judicial challenge to the provisions of this proposed

rule.

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. There are approximately

148 importers of onions who would be affected by this proposal. 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 proposed 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 proposes to modify 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

[[Page 4942]]

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 is proposing to change the end

of the South Texas regulatory period from June 15 to June 4. Because

South Texas onions would no longer be regulated after June 4, and

Idaho-Eastern Oregon onions are regulated throughout the year, it is

proposed 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 current March 10 through June 15 period. Imports of onions during

the June 5 through March 9 period should be required to meet minimum

grade, size, quality, and maturity requirements based on those

established under the Idaho-Eastern Oregon marketing order.

In accordance with section 8e of the Act, the U.S. Trade

Representative has concurred with the issuance of this proposed rule.

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

that this action 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 timely received will be

considered before a final determination is made on this matter.

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

proposed to be 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: January 31, 1996.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 96-2751 Filed 2-8-96; 8:45 am]

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