# Vegetables; Import Regulations; Modification of Regulatory Time Periods for Imported Onions > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A96-2751 ## Record - **Collection:** Federal Register - **Document type:** Proposed Rule - **Published:** February 9, 1996 - **Citation:** 61 FR 4941 ## Text 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. ----------------------------------------------------------------------- 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] BILLING CODE 3410-02-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A96-2751. Public record. Not legal advice.