Onions Grown in Certain Designated Counties in Idaho, and Malheur County, OR; Change in Reporting Requirements, 7549-7551 [E7-2724]
Download as PDF
<![CDATA[
Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
access to Government information and
services, and for other purposes.
In addition, the Committee’s meeting
was widely publicized throughout the
kiwifruit industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations on all issues. Like all
Committee meetings, the April 6, 2006,
meeting was a public meeting and all
entities, both large and small, were
encouraged to express their views on
these issues.
An interim final rule concerning this
action was published in the Federal
Register on October 3, 2006. Copies of
the rule were mailed by the Committee’s
staff to all Committee members and
kiwifruit handlers. In addition, the rule
was made available through the Internet
by USDA and the Office of the Federal
Register. That rule provided for a 60day comment period which ended
December 4, 2006. No comments were
received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://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.
Paperwork Reduction Act
The interim final rule published on
October 3, 2006, provided a 60-day
period for comments on the reporting
requirements in that rule. No comments
were received. In accordance with the
Paperwork Reduction Act of 1995 [44
U.S.C. 3501 et seq.], the information
collection was approved by the Office of
Management and Budget (OMB), under
OMB No. 0581–0238, ‘‘Kiwifruit Grown
in California.’’
After consideration of all relevant
material presented, including the
Committee’s recommendation, and
other information, it is found that
finalizing the interim final rule, without
change, as published in the Federal
Register (71 FR 58246, October 3, 2006)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 920
rmajette on PROD1PC67 with RULES
Kiwifruit, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 920—KIWIFRUIT GROWN IN
CALIFORNIA
Accordingly, the interim final rule
amending 7 CFR part 920, which was
published at 71 FR 58246 on October 3,
I
VerDate Aug<31>2005
14:54 Feb 15, 2007
Jkt 211001
2006, is adopted as a final rule without
change.
Dated: February 12, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–2732 Filed 2–15–07; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 958
[Docket No. AMS–FV–06–0179; FV06–958–
1 FIR]
Onions Grown in Certain Designated
Counties in Idaho, and Malheur
County, OR; Change in Reporting
Requirements
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule changing the reporting
requirements established under the
Idaho-Eastern Oregon onion marketing
order, which regulates the handling of
onions grown in designated counties in
Idaho and Oregon and is administered
locally by the Idaho-Eastern Oregon
Onion Committee. This rule continues
in effect the action that: Established a
credit application procedure for
assessments paid on onions that are
subsequently regraded, resorted, or
repacked within the production area or
diverted to exempt special purpose
outlets; changed the reporting
requirements for fresh onions for
peeling, chopping, or slicing, and for
special purpose shipments; and added
‘‘disposal’’ as a special purpose
shipment.
DATES:
Effective Date: March 19, 2007.
FOR FURTHER INFORMATION CONTACT:
Susan M. Hiller, Marketing Specialist,
or Gary D. Olson, Regional Manager,
Northwest Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or E-mail:
Susan.Hiller@usda.gov or
GaryD.Olson@usda.gov.
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,
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
7549
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Agreement
No. 130 and Marketing Order No. 958,
both as amended (7 CFR part 958),
regulating the handling of onions grown
in designated counties in Idaho, and
Malheur County, 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.’’
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,
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 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 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 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.
This rule continues in effect the
action that established an application
procedure for handlers to receive credit
for assessments paid on onions that are
subsequently regraded, resorted, or
repacked within the production area or
diverted to exempt special purpose
outlets; changed the reporting
requirements for fresh onions for
peeling, chopping, or slicing; changed
the reporting requirements for special
purpose shipments; and added
‘‘disposal’’ as a special purpose
shipment. These actions were
unanimously recommended by the
Committee at a meeting on June 15,
2006.
Section 958.53 provides authority for
the Committee, with the approval of
USDA, to exempt special purpose
SUPPLEMENTARY INFORMATION:
E:\FR\FM\16FER1.SGM
16FER1
rmajette on PROD1PC67 with RULES
7550
Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
shipments from assessment and
handling regulations established under
the order. Under this authority,
§ 958.328(e) exempts onions for
planting, livestock feed, charity,
dehydration, canning, freezing,
extraction, and pickling from the
minimum grade, size, maturity,
assessment, and inspection
requirements. Section 958.56 provides
authority for the Committee, with the
approval of USDA, to prescribe
safeguards to prevent onions from
entering channels of trade for other than
the purpose authorized. Safeguards in
effect are delineated in § 958.328(f).
Section 958.65 provides authority for
the Committee, with the approval of
USDA, to require such reports and other
information as may be necessary for the
Committee to perform its duties.
The Committee conducted an
industry-wide meeting on January 17,
2006, to review the compliance and
safeguard provisions of the order. The
Committee appointed a Compliance
Subcommittee, which met on May 16,
2006, to review the comments received.
The three main areas of concern
expressed by industry members were:
(1) The need to provide a procedure for
handlers to obtain credit for assessments
paid on onions that are subsequently
regraded, resorted, or repacked within
the production area or diverted into
exempt special purpose outlets; (2)
improving the method of reporting fresh
market onions for peeling, chopping, or
slicing; and (3) improving and
streamlining the safeguards for special
purpose shipments. An overriding
concern expressed was the need to
decrease the reporting burden on
receivers (buyers) of Idaho-Eastern
Oregon onions.
The Committee met on June 15, 2006,
to hear the report of the Compliance
Subcommittee. The Committee
thereafter unanimously recommended
changing the reporting requirements
established under the order to address
these three areas of concern. The
Committee recommended adding a new
§ 958.250 and a new form, ‘‘Assessment
Credit Report’’, which establishes a
procedure for those handlers who
would like credit for assessments paid
on onions in accordance with §§ 958.42
and 958.240 that are subsequently
regraded, resorted, or repacked within
the production area, or shipped into
special purpose outlets. The Committee
also recommended that ‘‘disposal’’ be
added to § 958.328(e) as a special
purpose to allow handlers to receive
assessment credit on onions for which
assessments have been paid when such
onions are disposed of. Disposal means
VerDate Aug<31>2005
14:54 Feb 15, 2007
Jkt 211001
destroying the onions, generally by
burying the onions in special pits.
The Committee unanimously
recommended changing the reporting
requirements for fresh onions for
peeling, chopping, or slicing in
§ 958.328(d) by removing receiver
reporting requirements. Previously, the
name of Form No. FV–37 was the
‘‘Rehandling of Onions Report’’, which
handlers found confusing and unrelated
to the actual activity. The form has been
renamed ‘‘Fresh Cut Report’’ (same form
number) and will be submitted by
handlers to report multiple shipments
rather than individual shipments.
The Committee agreed with industry
concerns that reporting burdens should
not be placed on the receivers of IdahoEastern Oregon onions. Receivers are
able to acquire onions from regions that
do not have a marketing order in effect
and thus avoid reporting requirements.
The Committee received information
that handlers in the production area
may have lost sales due to receiver
reporting requirements.
This rule also continues in effect the
action that changed the safeguard
reporting requirements in § 958.328(f)
by clarifying that the safeguard
procedures are required only for onions
shipped outside the Idaho-Eastern
Oregon onion production area.
Under the new safeguard procedures,
with newly revised forms, handlers will
notify the Committee and obtain a
Certificate of Privilege permit number
by completing form FV–34,
‘‘Application to Make Special Purpose
Shipments—Certificate of Privilege.’’
Receivers of special purpose onions will
only need to complete form FV–36,
‘‘Special Purpose Shipment Receiver
Certification’’ indicating they will use
the onions in an approved special
purpose outlet. Receivers will no longer
be required to submit form FV–35,
‘‘Onion Diversion Report’’ for every
shipment. Handlers will submit
additional information to the Committee
on form FV–34, ‘‘Application to Make
Special Purpose Shipments—Certificate
of Privilege.’’ This information includes
type of sale, total hundredweight for the
sale, and the type of container for the
sale. This form can be used to report
multiple shipments.
These changes are intended to
enhance compliance with the special
purpose shipment procedures
established under the order and
contribute to the efficient operation of
the program.
And finally, this rule continues in
effect the action that reorganized the
rules and regulations issued under this
order by removing the heading
‘‘Subpart—Assessment Rates’’ and
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
adding a new heading ‘‘Subpart—Rules
and Regulations.’’
Final 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
final 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 250
producers of onions in the production
area, 38 handlers, and 24 receivers
subject to regulation under the order.
Small agricultural producers are defined
by the Small Business Administration
(SBA)(13 CFR 121.201) as those having
annual receipts of less than $750,000,
and small agricultural service firms are
defined as those whose annual receipts
are less than $6,500,000.
The National Agricultural Statistics
Service (NASS) reported in the
‘‘Vegetables 2005 Summary’’, published
in January 2006, that the total F.O.B.
value of onions in the regulated
production area for 2005 was
$148,685,000. Therefore, based on an
industry of 250 producers, 38 handlers,
and 24 receivers, the majority of
producers, handlers, and receivers of
Idaho-Eastern Oregon onions may be
classified as small entities.
This rule continues in effect the
action that added a new § 958.250,
which establishes an application
procedure for handlers to receive credit
for assessments paid on onions in
accordance with §§ 958.42 and 958.240
that are subsequently regraded, resorted,
repacked within the production area, or
sent to exempt special purpose outlets.
This rule also finalizes the action that
added ‘‘disposal’’ as a special purpose
shipment.
The rule also continues in effect the
action that changed the reporting
requirements for fresh onions for
peeling, chopping, or slicing and for
special purpose shipments by reducing
receiver reporting requirements and
streamlining handler reporting
requirements.
Regarding the impact of these actions
on affected entities, this rule imposes
minimal additional costs. This rule
E:\FR\FM\16FER1.SGM
16FER1
rmajette on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 32 / Friday, February 16, 2007 / Rules and Regulations
continues in effect the action that
established a procedure to make it easier
for handlers to apply for an assessment
credit. The change in the reporting
requirements for fresh onions for
peeling, chopping, or slicing, as well as
the change to the safeguards for special
purpose shipments were requested by
industry members and should decrease
the overall reporting burden. The
benefits of this rule are not expected to
be disproportionately greater or lesser
for small handlers or producers than for
larger entities.
An alternative to these actions would
be to have handlers report onion
shipments rather than utilizing the
information from each handler’s
inspection certificates. However, most
handlers were opposed to this
alternative because it would increase
their reporting burden.
As with other similar marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. In addition, as noted in
the initial regulatory flexibility analysis,
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the Internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
The Committee has a number of
appointed subcommittees to review
certain issues and make
recommendations to the Committee.
The Compliance Subcommittee met on
May 16, 2006, and discussed these
issues in detail. All interested persons
were invited to attend this meeting and
participate in the industry’s
deliberations.
Further, the Committee’s meeting on
June 15, 2006, was widely publicized
throughout the onion industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations. Like all
Committee meetings, the June 15, 2006,
meeting was a public meeting and all
entities, both large and small, were able
to express their views on this issue.
An interim final rule concerning this
action was published in the Federal
Register on November 7, 2006. Copies of
the rule were mailed by the Committee’s
staff to all Committee members, onion
handlers, and interested persons. In
addition, the rule was made available
through the Internet by USDA and the
Office of the Federal Register. That rule
provided for a 60-day comment period,
VerDate Aug<31>2005
14:54 Feb 15, 2007
Jkt 211001
which ended January 8, 2007. No
comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://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.
Paperwork Reduction Act
The interim final rule published on
November 7, 2006, provided a 60-day
period for comments on the reporting
requirements in that rule. No comments
were received. In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.), the information
collection requirements that are
contained in this rule were approved by
OMB, under OMB No. 0581–0241,
‘‘Onions Grown in Certain Designated
Counties in Idaho, and Malheur County,
Oregon, M.O. No. 958.’’
In summary, this rule continues in
effect the actions that established an
application procedure for handlers to
receive credit for assessments paid on
onions that are subsequently regraded,
resorted, or repacked within the
production area or diverted to exempt
special purpose outlets; changed the
reporting requirements for fresh onions
for peeling, chopping, or slicing; added
‘‘disposal’’ as a special purpose
shipment; and changed the reporting
requirements for special purpose
shipments. This rule continues in effect
the actions that removed reporting
requirements for receivers and
streamlined handler reporting
requirements. These changes should
enhance compliance with the special
purpose shipment procedures
established under the marketing order
and contribute to the efficient operation
of the program.
After consideration of all relevant
material presented, including the
Committee’s recommendation, and
other information, it is found that
finalizing this interim final rule,
without change, as published in the
Federal Register (71 FR 65037,
November 7, 2006) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 958
Marketing agreements, Onions,
Reporting and recordkeeping
requirements.
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
7551
PART 958—ONIONS GROWN IN
CERTAIN DESIGNATED COUNTIES IN
IDAHO, AND MALHEUR COUNTY,
OREGON
Accordingly, the interim final rule
amending 7 CFR part 958, which was
published at 71 FR 65037 on November
7, 2006, is adopted as a final rule
without change.
I
Dated: February 12, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–2724 Filed 2–15–07; 8:45 am]
BILLING CODE 3410–02–P
FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Notice 2007–04]
Policy Statement Establishing a Pilot
Program for Probable Cause Hearings
Federal Election Commission.
Statement of policy.
AGENCY:
ACTION:
SUMMARY: The Federal Election
Commission (‘‘Commission’’) is
establishing a pilot program that will
allow respondents in enforcement
proceedings under the Federal Election
Campaign Act, as amended (‘‘FECA’’), to
have an oral hearing before the
Commission. Hearings will take place
prior to the Commission’s consideration
of the General Counsel’s
recommendation on whether to find
probable cause to believe that a
violation has occurred. The Commission
will grant a request for a probable cause
hearing if any two commissioners agree
to hold a hearing. The program will
provide respondents with the
opportunity to present arguments to the
Commission directly and give the
Commission an opportunity to ask
relevant questions. Further information
about the procedures for the pilot
program is provided in the
supplementary information that follows.
DATES: Effective Date: February 16,
2007.
FOR FURTHER INFORMATION CONTACT:
Mark D. Shonkwiler, Assistant General
Counsel, 999 E Street, NW.,
Washington, DC 20463, (202) 694–1650
or (800) 424–9530.
SUPPLEMENTARY INFORMATION: The
Federal Election Commission is
establishing a pilot program to afford
respondents in pending enforcement
matters the opportunity to participate in
hearings (generally through counsel)
and present oral arguments directly to
E:\FR\FM\16FER1.SGM
16FER1
]]>Agencies
[Federal Register Volume 72, Number 32 (Friday, February 16, 2007)]
[Rules and Regulations]
[Pages 7549-7551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-2724]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 958
[Docket No. AMS-FV-06-0179; FV06-958-1 FIR]
Onions Grown in Certain Designated Counties in Idaho, and Malheur
County, OR; Change in Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule changing the reporting
requirements established under the Idaho-Eastern Oregon onion marketing
order, which regulates the handling of onions grown in designated
counties in Idaho and Oregon and is administered locally by the Idaho-
Eastern Oregon Onion Committee. This rule continues in effect the
action that: Established a credit application procedure for assessments
paid on onions that are subsequently regraded, resorted, or repacked
within the production area or diverted to exempt special purpose
outlets; changed the reporting requirements for fresh onions for
peeling, chopping, or slicing, and for special purpose shipments; and
added ``disposal'' as a special purpose shipment.
DATES: Effective Date: March 19, 2007.
FOR FURTHER INFORMATION CONTACT: Susan M. Hiller, Marketing Specialist,
or Gary D. Olson, Regional Manager, Northwest Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or E-mail:
Susan.Hiller@usda.gov or GaryD.Olson@usda.gov.
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 No. 130 and Marketing Order No. 958, both as amended (7 CFR
part 958), regulating the handling of onions grown in designated
counties in Idaho, and Malheur County, 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.''
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, 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 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 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 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.
This rule continues in effect the action that established an
application procedure for handlers to receive credit for assessments
paid on onions that are subsequently regraded, resorted, or repacked
within the production area or diverted to exempt special purpose
outlets; changed the reporting requirements for fresh onions for
peeling, chopping, or slicing; changed the reporting requirements for
special purpose shipments; and added ``disposal'' as a special purpose
shipment. These actions were unanimously recommended by the Committee
at a meeting on June 15, 2006.
Section 958.53 provides authority for the Committee, with the
approval of USDA, to exempt special purpose
[[Page 7550]]
shipments from assessment and handling regulations established under
the order. Under this authority, Sec. 958.328(e) exempts onions for
planting, livestock feed, charity, dehydration, canning, freezing,
extraction, and pickling from the minimum grade, size, maturity,
assessment, and inspection requirements. Section 958.56 provides
authority for the Committee, with the approval of USDA, to prescribe
safeguards to prevent onions from entering channels of trade for other
than the purpose authorized. Safeguards in effect are delineated in
Sec. 958.328(f). Section 958.65 provides authority for the Committee,
with the approval of USDA, to require such reports and other
information as may be necessary for the Committee to perform its
duties.
The Committee conducted an industry-wide meeting on January 17,
2006, to review the compliance and safeguard provisions of the order.
The Committee appointed a Compliance Subcommittee, which met on May 16,
2006, to review the comments received. The three main areas of concern
expressed by industry members were: (1) The need to provide a procedure
for handlers to obtain credit for assessments paid on onions that are
subsequently regraded, resorted, or repacked within the production area
or diverted into exempt special purpose outlets; (2) improving the
method of reporting fresh market onions for peeling, chopping, or
slicing; and (3) improving and streamlining the safeguards for special
purpose shipments. An overriding concern expressed was the need to
decrease the reporting burden on receivers (buyers) of Idaho-Eastern
Oregon onions.
The Committee met on June 15, 2006, to hear the report of the
Compliance Subcommittee. The Committee thereafter unanimously
recommended changing the reporting requirements established under the
order to address these three areas of concern. The Committee
recommended adding a new Sec. 958.250 and a new form, ``Assessment
Credit Report'', which establishes a procedure for those handlers who
would like credit for assessments paid on onions in accordance with
Sec. Sec. 958.42 and 958.240 that are subsequently regraded, resorted,
or repacked within the production area, or shipped into special purpose
outlets. The Committee also recommended that ``disposal'' be added to
Sec. 958.328(e) as a special purpose to allow handlers to receive
assessment credit on onions for which assessments have been paid when
such onions are disposed of. Disposal means destroying the onions,
generally by burying the onions in special pits.
The Committee unanimously recommended changing the reporting
requirements for fresh onions for peeling, chopping, or slicing in
Sec. 958.328(d) by removing receiver reporting requirements.
Previously, the name of Form No. FV-37 was the ``Rehandling of Onions
Report'', which handlers found confusing and unrelated to the actual
activity. The form has been renamed ``Fresh Cut Report'' (same form
number) and will be submitted by handlers to report multiple shipments
rather than individual shipments.
The Committee agreed with industry concerns that reporting burdens
should not be placed on the receivers of Idaho-Eastern Oregon onions.
Receivers are able to acquire onions from regions that do not have a
marketing order in effect and thus avoid reporting requirements. The
Committee received information that handlers in the production area may
have lost sales due to receiver reporting requirements.
This rule also continues in effect the action that changed the
safeguard reporting requirements in Sec. 958.328(f) by clarifying that
the safeguard procedures are required only for onions shipped outside
the Idaho-Eastern Oregon onion production area.
Under the new safeguard procedures, with newly revised forms,
handlers will notify the Committee and obtain a Certificate of
Privilege permit number by completing form FV-34, ``Application to Make
Special Purpose Shipments--Certificate of Privilege.'' Receivers of
special purpose onions will only need to complete form FV-36, ``Special
Purpose Shipment Receiver Certification'' indicating they will use the
onions in an approved special purpose outlet. Receivers will no longer
be required to submit form FV-35, ``Onion Diversion Report'' for every
shipment. Handlers will submit additional information to the Committee
on form FV-34, ``Application to Make Special Purpose Shipments--
Certificate of Privilege.'' This information includes type of sale,
total hundredweight for the sale, and the type of container for the
sale. This form can be used to report multiple shipments.
These changes are intended to enhance compliance with the special
purpose shipment procedures established under the order and contribute
to the efficient operation of the program.
And finally, this rule continues in effect the action that
reorganized the rules and regulations issued under this order by
removing the heading ``Subpart--Assessment Rates'' and adding a new
heading ``Subpart--Rules and Regulations.''
Final 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 final 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 250 producers of onions in the production
area, 38 handlers, and 24 receivers subject to regulation under the
order. Small agricultural producers are defined by the Small Business
Administration (SBA)(13 CFR 121.201) as those having annual receipts of
less than $750,000, and small agricultural service firms are defined as
those whose annual receipts are less than $6,500,000.
The National Agricultural Statistics Service (NASS) reported in the
``Vegetables 2005 Summary'', published in January 2006, that the total
F.O.B. value of onions in the regulated production area for 2005 was
$148,685,000. Therefore, based on an industry of 250 producers, 38
handlers, and 24 receivers, the majority of producers, handlers, and
receivers of Idaho-Eastern Oregon onions may be classified as small
entities.
This rule continues in effect the action that added a new Sec.
958.250, which establishes an application procedure for handlers to
receive credit for assessments paid on onions in accordance with
Sec. Sec. 958.42 and 958.240 that are subsequently regraded, resorted,
repacked within the production area, or sent to exempt special purpose
outlets. This rule also finalizes the action that added ``disposal'' as
a special purpose shipment.
The rule also continues in effect the action that changed the
reporting requirements for fresh onions for peeling, chopping, or
slicing and for special purpose shipments by reducing receiver
reporting requirements and streamlining handler reporting requirements.
Regarding the impact of these actions on affected entities, this
rule imposes minimal additional costs. This rule
[[Page 7551]]
continues in effect the action that established a procedure to make it
easier for handlers to apply for an assessment credit. The change in
the reporting requirements for fresh onions for peeling, chopping, or
slicing, as well as the change to the safeguards for special purpose
shipments were requested by industry members and should decrease the
overall reporting burden. The benefits of this rule are not expected to
be disproportionately greater or lesser for small handlers or producers
than for larger entities.
An alternative to these actions would be to have handlers report
onion shipments rather than utilizing the information from each
handler's inspection certificates. However, most handlers were opposed
to this alternative because it would increase their reporting burden.
As with other similar marketing order programs, reports and forms
are periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. In addition, as
noted in the initial regulatory flexibility analysis, USDA has not
identified any relevant Federal rules that duplicate, overlap or
conflict with this rule.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
The Committee has a number of appointed subcommittees to review
certain issues and make recommendations to the Committee. The
Compliance Subcommittee met on May 16, 2006, and discussed these issues
in detail. All interested persons were invited to attend this meeting
and participate in the industry's deliberations.
Further, the Committee's meeting on June 15, 2006, was widely
publicized throughout the onion industry and all interested persons
were invited to attend the meeting and participate in Committee
deliberations. Like all Committee meetings, the June 15, 2006, meeting
was a public meeting and all entities, both large and small, were able
to express their views on this issue.
An interim final rule concerning this action was published in the
Federal Register on November 7, 2006. Copies of the rule were mailed by
the Committee's staff to all Committee members, onion handlers, and
interested persons. In addition, the rule was made available through
the Internet by USDA and the Office of the Federal Register. That rule
provided for a 60-day comment period, which ended January 8, 2007. No
comments were received.
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.
Paperwork Reduction Act
The interim final rule published on November 7, 2006, provided a
60-day period for comments on the reporting requirements in that rule.
No comments were received. In accordance with the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the information collection
requirements that are contained in this rule were approved by OMB,
under OMB No. 0581-0241, ``Onions Grown in Certain Designated Counties
in Idaho, and Malheur County, Oregon, M.O. No. 958.''
In summary, this rule continues in effect the actions that
established an application procedure for handlers to receive credit for
assessments paid on onions that are subsequently regraded, resorted, or
repacked within the production area or diverted to exempt special
purpose outlets; changed the reporting requirements for fresh onions
for peeling, chopping, or slicing; added ``disposal'' as a special
purpose shipment; and changed the reporting requirements for special
purpose shipments. This rule continues in effect the actions that
removed reporting requirements for receivers and streamlined handler
reporting requirements. These changes should enhance compliance with
the special purpose shipment procedures established under the marketing
order and contribute to the efficient operation of the program.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
finalizing this interim final rule, without change, as published in the
Federal Register (71 FR 65037, November 7, 2006) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 958
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
PART 958--ONIONS GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND
MALHEUR COUNTY, OREGON
0
Accordingly, the interim final rule amending 7 CFR part 958, which was
published at 71 FR 65037 on November 7, 2006, is adopted as a final
rule without change.
Dated: February 12, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-2724 Filed 2-15-07; 8:45 am]
BILLING CODE 3410-02-P
