[Federal Register: April 26, 2004 (Volume 69, Number 80)]
[Rules and Regulations]
[Page 22377-22382]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap04-2]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 956
[Docket No. FV04-956-1 IFR]
Sweet Onions Grown in the Walla Walla Valley of Southeast
Washington and Northeast Oregon; Establishment of Special Purpose
Shipping Regulations and Modification of Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This rule establishes procedures to allow the grading,
packing, or storing of Walla Walla sweet onions outside the production
area established under the Walla Walla sweet onion marketing order and
also modifies handler reporting requirements. The marketing order
regulates the handling of sweet onions grown in the Walla Walla Valley
of Southeast Washington and Northeast Oregon and is administered
locally by the Walla Walla Sweet Onion Marketing Committee (Committee).
Allowing sweet onion market preparation to occur outside the production
area will increase marketing options for Walla Walla sweet onions and
may reduce marketing costs. Modification of the reporting requirements
will contribute to the efficient operation of the program and enhance
compliance with the special purpose shipment procedures as established
in this rule.
DATES: Effective April 27, 2004; comments received by June 25, 2004
will be considered prior to issuance of a final rule. Pursuant to the
Paperwork Reduction Act, comments on the information collection burden
must be received by June 25, 2004.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; fax: (202) 720-8938; or e-mail: moab.docketclerk@usda.gov
or http://www.regulations.gov. 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, or can be viewed at: http://www.ams.usda.gov/fv/moab.html
.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW. Third Avenue,
Suite 385, Portland, Oregon 97204-2807; telephone: (503) 326-2724; fax:
(503) 326-7440; or e-mail: Barry.Broadbent@usda.gov; or George Kelhart,
Technical Advisor, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP
0237, Washington, DC 20250-0237; telephone: (202) 720-2491; fax: (202)
720-8938.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington, DC 20250-0237; telephone (202) 720-
2491; fax: (202) 720-8938; or e-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 956, both as amended (7 CFR part 956),
regulating the handling of Walla Walla sweet onions grown in Southeast
Washington and Northeast Oregon, hereinafter referred to as the
``order.'' The 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 (USDA) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws,
[[Page 22378]]
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 USDA 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 USDA 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 to review the USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
Minimum grade, size, maturity, container, and pack requirements are
authorized under the order, but currently only container markings are
regulated. This rule establishes procedures and safeguard requirements
that allow grading, packing, or storing of Walla Walla sweet onions
outside the production area, but within the States of Oregon and
Washington. Persons desiring to ship, as well as those desiring to
receive Walla Walla sweet onions for grading, packing, or storing
outside the production area will apply and report to the Committee on
forms provided by the Committee. This rule also increases the existing
reporting requirements for handlers regulated under the order with the
addition of a preseason handler registration form and the expansion of
the current handler shipment statement.
Section 956.63 of the order provides authority for the USDA to
issue special regulations to facilitate the shipping of Walla Walla
sweet onions for grading, packing, or storing outside the production
area. Further, Sec. 956.66 provides authority for the establishment of
such safeguards as may be necessary to ensure that Walla Walla sweet
onions are shipped for the purpose so authorized. Reporting
requirements are authorized in Sec. 956.80.
The Committee met on December 8, 2003, and unanimously recommended
the establishment of procedures and safeguard requirements to allow
grading, packing, or storing of Walla Walla sweet onions outside the
production area. At that meeting, the Committee also unanimously
recommended expanding current handler reporting requirements to include
a preseason registration form. The Committee met again on February 10,
2004, and made a unanimous recommendation to broaden the scope of the
handler shipment statement to include the listing of producers whose
product was handled and the quantity thereof. Committee members believe
that this rule will: (1) Allow shippers to use grading, packing, or
storing facilities that will be most beneficial to their individual
circumstances; (2) contribute to the efficient operation of the program
by improving Committee information; and (3) enhance compliance with the
provisions of the order.
The grading, packing, and storing costs associated with preparing
Walla Walla sweet onions for market may vary between onion packing
facilities inside and outside the production area. There may also be
differences in the type and variety of packaging options, the
transportation alternatives available, or the level of services offered
by individual onion packing facilities inside and outside the
production area. This rule allows shippers of Walla Walla sweet onions
the flexibility to pack and ship product from the most advantageous
facility available, regardless of where in Oregon or Washington that
facility is located.
Some examples of situations in which this rule will benefit the
industry are: (1) A packer outside the area of production is
experimenting with modified atmosphere packaging that increases the
shelf life of sweet onions; (2) a Walla Walla sweet onion producer is
part owner of a packing facility located outside the area of production
and wishes to pack and store sweet onions in that facility; (3) a
packing facility outside the area of production can offer rail service
for shipping and a rail siding is not available within the production
area; and (4) a fresh produce marketing company that has a packing
facility outside the area of production desires to begin packing and
shipping Walla Walla sweet onions.
The Committee believes that the regulations established under the
order create orderly marketing, are good for consumers, encourage
repeat purchases, and ultimately improve returns to producers.
Therefore, the Committee also recommended the establishment of
safeguards to ensure that all Walla Walla sweet onions graded, packed
or stored outside the production area are ultimately subject to the
requirements established under the order.
Persons desiring to ship or receive Walla Walla sweet onions for
grading, packing, or storing outside the production area will apply to
the Committee on a Shippers/Receivers Application for Certificate of
Privilege, (SRACP) Form No. 3. Applicants will complete and submit a
SRACP form each year prior to shipping or receiving Walla Walla sweet
onions for grading, packing, or storing outside the production area.
Information collected on the application includes the company name,
contact name, address, contact telephone numbers, signature of the
shipper or receiver, date, and such other information as the Committee
may require. Applicants will agree to furnish reports on shipments of
sweet onions made under the Certificate of Privilege and will certify
that all shipments of production area onions for grading, packing, or
storing outside the production area will be made in accordance with
order provisions. Those parties acting as receivers under the
Certificate of Privilege must further agree to forward all assessments
due on sweet onions handled to the Committee office. If approved, the
Committee manager will sign the application, assign a Certificate of
Privilege number for tracking purposes, and return a copy of the
application to the applicant. If denied, the applicant will be notified
in writing of the reasons for denial and have an opportunity to appeal
the Committee's decision.
After the Committee approves the applications of both the shipper
and the receiver, Walla Walla sweet onions may be shipped out of the
production area for grading, packing, or storing. When the parties
conclude shipping or receiving, both the shipper and receiver will be
required to submit a Special Purpose Shipment Report, (SPSR) Form No.
4. Information collected on the SPSR will include the Certificate of
Privilege number as assigned by the Committee, company name, contact
name, address, contact telephone numbers, names of the individuals or
companies shipped to or received from, the total quantities of onions
shipped or received in 50-pound equivalents, signature of the shipper
or receiver, date, and such other information as the Committee may
require.
The SPSR, as well as any assessments due, will be submitted to the
Committee no later than 30 days after the date of the last shipment or
receipt of Walla Walla sweet onions under the Certificate of Privilege.
The SPSR will also reiterate that it is the receiver of sweet onions
shipped under the Certificate of Privilege that is responsible for
payment of the administrative assessment. Shippers and receivers will
only be required to submit one (1) of these reports annually.
[[Page 22379]]
This rule also increases handler-reporting requirements by
requiring the submission of a Walla Walla Sweet Onion Handler
Registration Form, (Registration) Form No. 2, and by expanding the
scope of the information required on the existing Handler's Statement
of Walla Walla Sweet Onion Shipments, (Form No. 1; Form FV-141)
(Statement). Each year prior to the shipping season, but in no case
later than May 31, all persons desiring to handle Walla Walla sweet
onions during the forthcoming season will be required to complete a
Registration form and submit it to the Committee. Information collected
on this form includes: Company name, contact name, signature, date,
addresses, and contact telephone numbers; brands or labels to be
marketed; estimated acres of production to be packed; and such other
information as the Committee may require.
The current Statement, which is submitted to the Committee at the
end of each shipping season, requires handlers to report the quantity
of Walla Walla sweet onions handled during the season. This action
expands the information collected on the Statement to include reporting
the quantity of Walla Walla sweet onions handled on behalf of each
producer. Information collected on the Registration and modified
Statement will greatly enhance order compliance by allowing the
Committee to compare the two required reports, the pre-season handler
registration form and the post-season shipment report. This will
ultimately assist the Committee in monitoring onion shipments and the
collection of assessments. For example, acreage and production
information provided by producers will be reconciled with similar
information collected from handlers to help ensure that all assessable
sweet onion shipments have been properly reported and that assessments
have been correctly collected.
This information collection is important to the Committee in light
of the regulation relaxation that allows grading, packing, or storing
outside the production area. The Committee believes that enhancing the
scope of the reporting requirements is the best way to maintain
oversight of the special purpose shipment procedures as modified
herein. In addition to enhancing the Committee's compliance efforts,
the collection of handler profile information such as addresses and
contact numbers will also be useful to the Committee for maintaining
contact throughout the season.
Initial Regulatory Flexibility Analysis
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. Accordingly, AMS has
prepared this initial regulatory flexibility analysis.
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 the 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 approximately 28 handlers of Walla Walla sweet onions
subject to regulation under the order and approximately 37 Walla Walla
sweet onion producers in the regulated area. Small agricultural service
firms are defined by the Small Business Administration (SBA)(13 CFR
121.201) 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 $750,000.
The Committee estimates that in 2003, 674,038 50-pound containers
of Walla Walla sweet onions were marketed at an average FOB price of
about $11.50 per container. The total industry value at shipping point
was approximately $7,751,437, leaving an average annual gross receipt
per handler of $276,837. Thus, a majority of handlers and producers of
Walla Walla sweet onions may be classified as small entities.
Committee meetings are widely publicized in advance of the meetings
and are held in a location central to the production area. The meetings
are open to all industry members and other interested persons who are
encouraged to participate in the deliberations and voice their opinions
on topics under discussion. Thus, Committee recommendations can be
considered representative of small business interests in the industry.
This rule will allow persons to ship or receive Walla Walla sweet
onions outside the area of production for grading, packing, or storing
purposes. Persons desiring to do so will first be required to apply to
the Committee. The applicants will be required to certify that all
Walla Walla sweet onions graded, packed or stored outside the
production area would meet any minimum grade, size, maturity,
container, pack, or inspection requirements established under the
order. Currently, only container, assessment, and reporting
requirements are implemented under the order.
After the Committee completes its review of the application and
determines that everything is in order, applicants will be granted a
Certificate of Privilege authorizing them to ship or receive Walla
Walla sweet onions outside the production area for market preparation.
At the end of the shipping season, both the shipper and receiver will
submit reports to the Committee regarding the quantity of Walla Walla
sweet onions handled under Certificate of Privilege. The authority for
this action is provided in Sec. Sec. 956.63 and 956.66.
In addition, this rule expands handler-reporting requirements by
adding a preseason registration form and by expanding the scope of
information currently required on the handler's shipment report. These
changes will provide the Committee with more comprehensive handler
information that the Committee believes will improve handler compliance
and enhance safeguards that are currently in place. The additional
information gathered from the new mandatory report will complement the
modification to the current reporting requirements and will contribute
to greater efficiency in the operation of the program. The improved
safeguards and oversight afforded the Committee with these reporting
requirement changes is essential to maintaining compliance with
procedures for market preparation outside the production area. The
authority for this action is provided in Sec. 956.80.
Regarding the impact of this action on affected entities, this rule
will impose minimal additional costs. The Committee estimates that
about 10 persons may desire to ship or receive Walla Walla sweet onions
for grading, packing, or storing outside the production area during
each marketing year. Such shippers and receivers will complete a
Shippers/Receivers Application for Certificate of Privilege, (Form No.
3) and submit it to the Committee for approval each year prior to
shipping or receiving any Walla Walla sweet onions for grading,
packing, or storing outside the production area. Once the Committee has
approved the application, the parties will be free to handle sweet
onions for market preparation out of the production area. After Walla
Walla sweet onions have been handled pursuant to the Certificate of
Privilege, both the shipper and receiver will be required to submit a
Special Purpose Shipment Report, (Form No. 4) to the Committee no later
[[Page 22380]]
than 30 days after the date of the last shipment or receipt of onions.
The Committee estimates that 10 shippers and receivers will each be
obligated to submit one (1) of these reports annually. The annual
industry burden associated with the information collection on both
forms is estimated to total approximately 3.60 hours.
The addition of a preseason registration form and the expansion of
the existing reporting requirements for all Walla Walla sweet onion
handlers will also impose minimal additional costs on the industry.
Persons desiring to handle Walla Walla sweet onions will be required to
complete and submit a Walla Walla Sweet Onion Handler Registration
Form, (Form No. 2) prior to May 31 of each year. Handlers of sweet
onions will be required to submit a Handler's Statement of Walla Walla
Sweet Onion Shipments (Form No. 1; Form FV-141) that is more detailed
than the one currently in use. The Committee estimates that 28 handlers
will be affected with a total annual industry burden of approximately
25.76 hours for both forms.
The Committee considered one alternative to the part of this
proposal that allows Walla Walla sweet onions to be graded, packed, or
stored out of the area. The alternative was to prohibit any grading,
packing, or storing of Walla Walla sweet onions outside the production
area. The Committee felt that this alternative would have limited the
flexibility of shippers in making marketing decisions related to the
grading, packing, or storing of Walla Walla sweet onions and was
rejected. Allowing the shipment of Walla Walla sweet onions outside the
production area for grading, packing, or storing is a relaxation of
order requirements and any costs related to additional reporting is
outweighed by the benefits of allowing such shipments.
The alternatives that the Committee discussed with regard to
increasing handler reporting requirements were: (1) Maintain the status
quo and make no changes in the reporting requirements; and (2) make the
submission of the registration form and producer information on the
shipment statement voluntary instead of mandatory. Both of these
options were rejected as not sufficiently addressing the need for
better handler information to help improve the Committee's ability to
ensure industry compliance with the order, especially in light of the
relaxation changes to the order regulations allowing grading, packing,
or storing outside the production area.
In addition, the Committee's meetings were widely publicized
throughout the sweet onion industry and all interested persons were
invited to attend the meetings and participate in Committee
deliberations on all issues. Like all Committee meetings, the December
8, 2003, and the February 10, 2004, meetings were public meetings and
all entities, both large and small, were able to express views on this
issue. Finally, interested persons are invited to submit information on
the regulatory and informational impacts of this action on small
businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/fv/moab.html.
Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
This rule imposes additional reporting and recordkeeping burdens on
handlers, as well as on producers and marketers who ship or receive
Walla Walla sweet onions for grading, packing, or storing outside the
production area. This action requires three new Committee forms and the
modification of an existing Committee form. The information collection
requirements are discussed later in this document. As with all Federal
marketing order programs, reports and forms are periodically reviewed
to reduce information requirements and duplication by industry and
public sector agencies. The USDA has not identified any relevant
Federal rules that duplicate, overlap or conflict with this rule.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), this notice announces that AMS has requested and obtained
emergency approval from the Office of Management and Budget (OMB) for a
new information collection request and to revise a currently approved
information collection for Marketing Order No. 956, regulating the
handling of sweet onions grown in the Walla Walla Valley of Southeast
Washington and Northeast Oregon. This emergency approval was assigned
OMB No. 0581-0221. The emergency request was necessary because
insufficient time was available to follow normal clearance procedures.
Upon publication of the final rule, this collection will be merged with
the forms currently approved for use under OMB No. 0581-0178 ``Generic
OMB Vegetable Crops.''
Title: Sweet Onions Grown in the Walla Walla Valley of Southeast
Washington and Northeast Oregon; Marketing Order No. 956.
OMB Number: 0581-0221.
Type of Request: New collection; revision of a currently approved
information collection.
Abstract: The information collection requirements in this request
are essential to carry out the intent of the Act, to provide the
respondents the type of service they request, and to administer the
Walla Walla sweet onion marketing order program, which has been
operating since 1995.
On December 8, 2003, the Committee unanimously recommended the
establishment of procedures and safeguard requirements to allow the
grading, packing, or storing of Walla Walla sweet onions outside the
production area. At that meeting, the Committee also recommended the
addition of a preseason handler registration form to the reporting
requirements. The information requirements created by this action will
be reported on three new Committee forms. Safeguard requirements
require any person who wishes to ship or receive Walla Walla sweet
onions for grading, packing, or storing outside the production area to
first apply to the Committee on a Shippers/Receivers Application for
Certificate of Privilege, Form No. 3 prior to shipping or receiving
product. After the Committee approves the application, the applicant
will be required to submit a Special Purpose Shipment Report, Form No.
4 to the Committee after Walla Walla sweet onions are shipped or
received out of the production area pursuant to a Certificate of
Privilege. The Committee also recommended expanding current handler
reporting requirements to include a Walla Walla Sweet Onion Handler
Registration Form, Form No. 2. The new reporting requirement will help
ensure compliance with the marketing order regulations and assist the
Committee and the USDA with oversight and planning.
The Committee met again on February 10, 2004, and unanimously
recommended the revision of the current Handler's Statement of Walla
Walla Sweet Onion Shipments, Form FV-141, Form No. 1 to require that
sweet onion shipment information be segregated by producer as well as
by week and region. This additional information will increase the time
it takes each handler to complete the form from 25 minutes to 40
minutes, or an additional 6.16 burden hours for this form. The
Committee believes that this information, used in conjunction with
other information obtained, will improve their ability to administer
the
[[Page 22381]]
order. This form has already been approved for 12.60 burden hours by
OMB under OMB No. 0581-0178.
The information collected will be used only by authorized
representatives of the USDA, including AMS, Fruit and Vegetable
Programs' regional and headquarters' staff, and authorized Committee
employees. Authorized Committee employees are the primary users of the
information and AMS is the secondary user.
The request for approval of the new information collection under
the order is as follows:
Shippers/Receivers Application for Certificate of Privilege, Form No. 3
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 2 minutes per response.
Respondents: Persons who wish to ship or receive Walla Walla sweet
onions for grading, packing, or storing outside the production area.
Estimated Number of Respondents: 10.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 0.30 hours.
Special Purpose Shipment Report, Form No. 4
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 20 minutes per response.
Respondents: Persons who ship or receive Walla Walla sweet onions
for grading, packing, or storing outside the production area.
Estimated Number of Respondents: 10.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 3.30 hours.
Walla Walla Sweet Onion Handler Registration Form, Form No. 2
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 15 minutes per response.
Respondents: All persons who wish to handle Walla Walla sweet
onions.
Estimated Number of Respondents: 28.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 7.00 hours.
Handler's Statement of Walla Walla Sweet Onion Shipments, Form FV-141;
Form No. 1
As previously mentioned, Form FV-141, Handler's Statement of Walla
Walla Sweet Onion Shipments, is already approved under OMB No. 0581-
0178, for 12.60 hours (30 respondents x .42 hours, equals 12.60 burden
hours). Because of the additional information being requested, and the
decrease in the number of respondents (from 30 to 28), the burden for
this form is being increased to 18.76 burden hours (28 respondents x
.67 hours), or an additional burden of 6.16 hours.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 40 minutes. This is an increase
from the previous estimate of 25 minutes.
Respondents: Walla Walla sweet onion handlers.
Estimated Number of Respondents: 28.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 18.76 hours.
Comments: Comments are invited on: (1) Whether this collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (2) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on those who
are to respond, including the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
Comments should reference OMB No. 0581-0221 and the Marketing Order
for Sweet Onions Grown in the Walla Walla Valley of Southeast
Washington and Northeast Oregon and be sent to the USDA in care of the
Docket Clerk at the previously mentioned address. All comments timely
received will be available for public inspection during regular
business hours at the same address.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments will become a matter of public
record. As mentioned before, because there was insufficient time for a
normal clearance procedure and prompt implementation is needed, AMS has
obtained emergency approval from OMB for the use of this collection of
forms for the 2004 regulation period, which begins June 2004. Upon
publication of the final rule, this collection will be merged with the
forms currently approved for use under OMB No. 0581-0178 ``Generic OMB
Vegetable Crops.''
In summary, this rule establishes procedures to allow the grading,
packing, or storing of Walla Walla sweet onions outside the production
area established under the Walla Walla sweet onion marketing order and
also modifies handler reporting requirements. Allowing the preparation
of sweet onions for market to occur outside the production area will
increase marketing options for producers and may reduce marketing
costs. The additional reporting requirements will contribute to the
efficient operation of the program and assist in ensuring handler
compliance with marketing order provisions. Any comments received will
be considered prior to finalization of this rule.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
this interim final rule, as hereinafter set forth, 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 good cause exists for not postponing the effective date of
this rule until 30 days after publication in the Federal Register
because: (1) The Walla Walla sweet onion marketing season normally
starts in mid-June and these changes should be in effect by that time
to achieve their intended purpose; (2) the Committee unanimously
recommended these changes at public meetings and all interested parties
had an opportunity to provide input; (3) Walla Walla sweet onion
producers and handlers are aware of this rule and need no additional
time to comply with the relaxed requirements; (4) this rule provides a
30-day comment period on the regulation changes which is deemed
appropriate, and a 60-day comment period on the reporting reguirement
changes, and any comments received will be considered prior to
finalization of this rule.
List of Subjects in 7 CFR Part 956
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
0
For the reasons set forth in the preamble, 7 CFR part 956 is amended as
follows:
[[Page 22382]]
PART 956--SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST
WASHINGTON AND NORTHEAST OREGON
0
1. The authority citation for 7 CFR part 956 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Section 956.163 is amended by adding a new paragraph (b) to read as
follows:
Sec. 956.163 Handling for specified purposes.
* * * * *
(b) Market preparation outside the production area. (1) Persons
desiring to ship or receive Walla Walla sweet onions for grading,
packing, or storing outside the production area, but within Oregon and
Washington, shall apply to the Committee on a ``Shippers/Receivers
Application for Certificate of Privilege'' form. Such application shall
contain the following:
(i) Company name, contact name, address, contact telephone numbers,
date, and signature of the applicant;
(ii) Whether the applicant is the shipper or receiver;
(iii) Agreement to provide a Special Purpose Shipment Report to the
Committee as required after shipping or receiving Walla Walla sweet
onions for grading, packing, or storing out of the production area
under a Certificate of Privilege.
(iv) Certification by the applicant that all provisions of the
rules and regulations of this part will be adhered to including, but
not limited to, any grade, size, quality, maturity, pack, or container
requirements that may be currently in effect;
(v) Certification by the applicant, if a receiver under the
Certificate of Privilege, that they will forward to the Committee
office all assessments due on Walla Walla sweet onions handled.
(vi) Such other information as the Committee may require.
(2) Each approved applicant shall furnish to the Committee a
Special Purpose Shipment Report form no later than thirty (30) days
after the final shipment of sweet onions are shipped or received
pursuant to the Certificate of Privilege. That report shall contain the
following information:
(i) Company name, contact name, address, contact telephone numbers,
signature, and date;
(ii) Names of shippers or receivers who have either shipped Walla
Walla sweet onions out of the production area or received the same;
(iii) The total quantity of Walla Walla sweet onions shipped or
received under this section during the period covered;
(iv) Certification by the receiver that all assessments due on
Walla Walla sweet onions handled under the respective Certificate of
Privilege are being forwarded to the Committee; and
(v) Such other information as the Committee may require.
(3) The Committee may cancel any Certificate of Privilege if proof
satisfactory to the Committee is obtained that any Walla Walla sweet
onions shipped or received were done so contrary to the provisions of
this section. Upon cancellation of such Certificate of Privilege the
shipper or receiver may appeal to the Committee for reconsideration.
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3. Section 956.180 is revised to read as follows:
Sec. 956.180 Reports.
(a) Each handler shall furnish to the Committee, no later than May
31 each year, a preseason Walla Walla Sweet Onion Handler Registration
Form. Such form shall include:
(1) Company name, contact name, mailing and physical addresses,
contact telephone numbers, and signature of handler;
(2) Season covered by registration;
(3) Brand names or labels to be used; and
(4) Estimated number of acres of fall planted and spring planted
Walla Walla Sweet Onions to be packed during the season.
(b) Each handler shall furnish to the Committee a Handler's
Statement of Walla Walla Sweet Onion Shipments containing the
information paragraphs (a)(1), (a)(2), and (a)(3) of this section,
except that gift box and roadside stand sales shall be exempt from
paragraph (a)(2) of this section: Provided, That for Walla Walla Sweet
Onions handled prior to September 1, such report shall be furnished to
the Committee by September 1, and that for Walla Walla Sweet Onions
handled during the period September 1 through May 31 of each fiscal
period, such report shall be furnished to the Committee no later than
thirty (30) days after the end of the month in which such onions were
handled:
(1) The number of 50 lb. equivalents of Walla Walla Sweet Onions
shipped by each handler during each week of the shipping season and the
total for the season;
(2) The geographical regions as defined by the Committee to which
each shipment is made;
(3) The name, address, and signature of each handler; and
(4) The name of each producer and the number of 50 lb. equivalents
of Walla Walla Sweet Onions that were handled on behalf of or acquired
from that producer.
Dated: April 21, 2004.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 04-9426 Filed 4-23-04; 8:45 am]
BILLING CODE 3410-02-P