Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Changes to Reporting and Assessment Due Dates, 18428-18430 [2010-8267]
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18428
Proposed Rules
Federal Register
Vol. 75, No. 69
Monday, April 12, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 956
[Doc. No. AMS–FV–10–0020; FV10–956–1
PR]
Sweet Onions Grown in the Walla
Walla Valley of Southeast Washington
and Northeast Oregon; Changes to
Reporting and Assessment Due Dates
srobinson on DSKHWCL6B1PROD with PROPOSALS
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
SUMMARY: This rule invites comments
on proposed changes to the reporting
and assessment date requirements
prescribed under the marketing order
regulating the handling of sweet onions
grown in the Walla Walla Valley of
southeast Washington and northeast
Oregon. The marketing order is
administered locally by the Walla Walla
Sweet Onion Marketing Committee
(hereinafter referred to as the
‘‘Committee’’). This rule would revise
the submission due date for certain
handler reports and assessment
payments from September 1 to
September 30. The proposed changes
would allow handlers additional time to
compile requisite information and
submit it to the Committee. It is
expected that this action would improve
handler compliance with the
administrative requirements of the
marketing order.
DATES: Comments must be received by
May 12, 2010.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. 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
Internet: https://www.regulations.gov. All
comments should reference the
document number and the date and
VerDate Nov<24>2008
17:01 Apr 09, 2010
Jkt 220001
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: https://
www.regulations.gov. All comments
submitted in response to this rule will
be included in the record and will be
made available to the public. Please be
advised that the identity of the
individuals or entities submitting the
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Marketing Specialist
or Gary 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:
Barry.Broadbent@ams.usda.gov or
GaryD.Olson@ams.usda.gov. Small
businesses may request information on
complying with this regulation by
contacting Antoinette Carter, 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:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
proposal is issued under Marketing
Agreement and Order No. 956, both as
amended (7 CFR part 956), regulating
the handling of sweet onions in the
Walla Walla Valley of 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 proposal has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect.
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
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
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 proposal invites comments on
revisions to the due dates currently
prescribed in the order’s administrative
rules for certain reports and assessment
payments. This rule would change the
submission due date for handler
shipment statements and assessment
payments for Walla Walla sweet onions
shipped prior to September 1
(hereinafter referred to as ‘‘regular
season’’) from September 1 to September
30. The proposed due date change
would allow handlers needed time to
compile information, file reports, and
pay assessments. It is expected that this
action would improve handler
compliance with the order’s reporting
and assessment requirements. The
proposed rule was unanimously
recommended by the Committee at its
February 2, 2010, meeting.
Currently, § 956.80 of the order
provides that, upon request of the
Committee, with the approval of the
Secretary, each handler shall furnish to
the Committee, in such manner and at
such time as it may prescribe, such
reports and other information as may be
necessary for the Committee to perform
its duties. In addition, § 956.42(a)
provides that each person who first
handles Walla Walla sweet onions shall
pay assessments to the Committee upon
demand.
Section 956.180(b) of the order’s
administrative rules currently prescribes
that each handler shall furnish to the
Committee a Handler’s Statement of
Walla Walla Sweet Onion Shipments.
For Walla Walla sweet onions handled
prior to September 1, such report shall
be furnished to the Committee by
September 1. In addition, § 956.142
currently provides that, for Walla Walla
Sweet Onions handled prior to
September 1, annual assessments are
due September 1.
At its meeting on February 2, 2010,
the Committee recommended that the
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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Proposed Rules
srobinson on DSKHWCL6B1PROD with PROPOSALS
order’s reporting and assessment due
dates for regular season shipments be
changed to allow handlers additional
time to fulfill these requirements. At the
time the order was promulgated in 1995,
the Walla Walla sweet onion shipping
season typically concluded at the end of
July or early in August. As such, the
Committee established a September 1
deadline for submitting reports and
paying assessments, which gave
handlers most of the month of August
to accumulate information and prepare
their reports and assessment payments.
Recently, however, handlers have
indicated to the Committee that
advancements in Walla Walla sweet
onion production and storage
techniques have extended the regular
season for the shipment of such onions
until the end of August. As a result, it
has become more difficult for handlers
to gather the information required in
time to meet the September 1 deadline
for reporting shipments and paying
assessments. Changing the due date for
submission of the handler’s shipment
statement and assessment payment for
regular season shipments from
September 1 to September 30 would
allow handlers the needed time to
complete the requirements and submit
them to the Committee.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), 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 rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 28 handlers
of Walla Walla sweet onions who are
subject to regulation under the
marketing 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 $7,000,000, and small
agricultural producers are defined as
those having annual receipts of less than
$750,000.
Based on information from the
Committee for the 2009 shipping
VerDate Nov<24>2008
17:01 Apr 09, 2010
Jkt 220001
season, handlers shipped 621,218 50pound equivalents of Walla Walla sweet
onions. At an average price of $11.50
per 50-pound equivalent, total handler
revenue was approximately $7,144,000
and average revenue per handler was
approximately $255,100. Also based on
information from the Committee,
producers harvested an average of 24
acres of Walla Walla sweet onions, with
an average production of 699 50-pound
equivalents per acre. With an average
farm gate value of $8.75 per 50-pound
equivalent, Walla Walla sweet onion
producers averaged approximately
$146,800 in gross receipts for the year.
Based on this information, the majority
of handlers and producers of Walla
Walla sweet onions may be classified as
small entities under SBA’s standards.
This proposal would revise the due
dates currently contained in §§ 956.180
and 956.142 of the order for the
submission of regular season handler
reports and assessment payments for
Walla Walla sweet onions handled from
June 1 through August 31. The deadline
for submitting reports and assessment
payments for such onion shipments
would be revised from September 1 to
September 30. The proposed change
would not affect reporting and
assessment payment due dates for late
season Walla Walla sweet onions
shipped during the September 1 through
May 31 period, which would remain 30
days after the end of the month in
which the onions were handled. The
proposed due date change would allow
handlers needed time to compile
information, file reports and pay
assessments. Authority for this action is
provided in §§ 956.42(f) and 956.80.
The order provides that each handler
who ships Walla Walla sweet onions
shall furnish to the Committee a
Handler’s Statement of Walla Walla
Sweet Onion Shipments and shall pay a
pro rata assessment. Currently, handlers
who handle Walla Walla sweet onions
prior to September 1 are required to
submit the shipment statement by
September 1. Late season shipments of
Walla Walla sweet onions handled after
September 1 are required to be reported
within 30 days after the last day of the
month in which the sweet onions were
shipped. Handler assessments are due
the same date that the shipment
statements are due. Interest charges of
11⁄2 percent of the unpaid balance are
imposed on any assessments which are
not paid within 30 days of their due
date.
At its February 2, 2010, meeting, the
Committee discussed whether the
current due dates for certain reports and
assessment payments needed to be
changed to allow more time for handlers
PO 00000
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Fmt 4702
Sfmt 4702
18429
to comply with the marketing order’s
requirements. Handlers stated at the
meeting that advancements in both the
production and storage of Walla Walla
sweet onions had extended the
marketability of their product well into
August, whereas, traditionally, their
primary marketing season ended around
the end of July. As such, the handlers
explained that there is now less time
between the end of their shipping
period and the reporting deadline to
compile information, complete reports
and pay their assessments. The
Committee staff indicated that
compliance with the order’s reporting
and assessment requirements would
likely improve if handlers were given
additional time to fulfill them.
The Committee discussed alternatives
to this change, including extending the
due dates even further; requiring
submission of reports and assessments
monthly instead of at the end of the
regular season; changing the due dates,
but adding a late penalty; and not
making any changes. However, the
Committee believes that the proposed
changes adequately address the
concerns of the handlers while
maintaining sufficient consequences for
noncompliance and reasonable
timelines for the administration of the
order.
This rule is not expected to have any
economic impact on handlers or
producers of any size. The benefits of
this rule are not expected to be
disproportionately greater or less for
small handlers or producers than for
larger entities.
Information collected under this order
is currently approved under OMB No.
0581–0178. This proposed rule would
not impose any additional reporting or
recordkeeping requirements on either
small or large Walla Walla sweet onion
handlers. As stated above, information
collected would not change with this
rule; only the date on which the
collection is required to be submitted
would be revised. 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.
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.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this proposed rule.
In addition, the Committee’s meeting
was widely publicized throughout the
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18430
Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Proposed Rules
Walla Walla sweet onion industry and
all interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the
February 2, 2010, meeting was a public
meeting and all entities, both large and
small, were able to express views on
this issue. Finally, interested persons
are invited to submit comments on this
proposed rule, including 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: https://www.ams.usda.gov.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. Thirty days is deemed
appropriate because this rule, if
adopted, should be in place as soon as
possible to inform handlers of the new
reporting and assessment payment
deadlines for the upcoming shipping
season, which begins in June 2010. All
written comments timely received will
be considered before a final
determination is made on this matter.
List of Subjects in 7 CFR Part 956
Marketing agreements, Onions,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 956 is proposed to
be amended as follows:
the unpaid assessment balance. In the
event the handler fails to pay the
delinquent assessment amount within
60 days following the due date, the 11⁄2
percent interest charge shall be applied
monthly thereafter to the unpaid
balance, including any accumulated
interest. Any amount paid by a handler
as an assessment, including any charges
imposed pursuant to this paragraph,
shall be credited when the payment is
received in the Committee office.
3. Revise the introductory text of
§ 956.180(b) to read as follows:
§ 956.180
Reports.
*
*
*
*
*
(b) Each handler shall furnish to the
Committee a Handler’s Statement of
Walla Walla Sweet Onion Shipments
containing the information in
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 30, and that
for Walla Walla Sweet Onions handled
during the period September 1 through
May 31, 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:
*
*
*
*
*
Dated: April 7, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–8267 Filed 4–9–10; 8:45 am]
BILLING CODE 3410–02–P
PART 956—SWEET ONIONS GROWN
IN THE WALLA WALLA VALLEY OF
SOUTHEAST WASHINGTON AND
NORTHEAST OREGON
1. The authority citation for 7 CFR
part 956 continues to read as follows:
2. Revise § 956.142 to read as follows:
srobinson on DSKHWCL6B1PROD with PROPOSALS
17:01 Apr 09, 2010
[Doc. No. AMS–FV–07–0091; FV–07–706–
PR–2A]
RIN 0581–AC78
Interest charges.
For Walla Walla Sweet Onions
handled prior to September 1, the
Committee shall impose an interest
charge on any handler who fails to pay
his or her annual assessments within
thirty (30) days of the due date of
September 30. For Walla Walla Sweet
Onions handled during the period
September 1 through May 31, the
Committee shall impose an interest
charge on any handler who fails to pay
his or her assessments within thirty (30)
days of the last day of the month in
which such shipments are made. The
interest charge shall be 11⁄2 percent of
VerDate Nov<24>2008
Agricultural Marketing Service
7 CFR Part 1245
Authority: 7 U.S.C. 601–674.
§ 956.142
DEPARTMENT OF AGRICULTURE
Jkt 220001
Establishment of a U.S. Honey
Producer Research, Promotion, and
Consumer Information Order
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Proposed rule and Referendum
Order.
SUMMARY: This proposed rule would
establish a new U.S. honey producer
funded research and promotion program
under the Commodity Promotion,
Research, and Information Act of 1996
(1996 Act). The proposed U.S. Honey
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
Producer Research, Promotion and
Consumer Information Order (Proposed
U.S. Producer Order) was submitted to
the Department of Agriculture
(Department) by the American Honey
Producers Association (AHPA). The
Department is conducting an initial
referendum to ascertain whether the
persons to be covered by and assessed
under the Proposed U.S. Producer Order
favor the Order prior to it going into
effect. The Proposed U.S. Producer
Order would provide that producers pay
an assessment to the U.S. Honey
Producer Board (Proposed Board) at the
rate of $0.02 cents per pound of U.S.
honey produced and shall only be
imposed on U.S. producers. A producer
who produces less than 100,000 pounds
of U.S. honey per year would be eligible
for a certificate of exemption. The
Proposed U.S. Producer Order would be
implemented if it is approved by a
majority of the producers voting in the
referendum, which also represent a
majority of the volume of U.S. honey
produced during the representative
period by those voting in the
referendum. A separate final rule on
referendum procedures is being
published in this issue of the Federal
Register.
DATES: The voting period is May 17,
2010 through June 4, 2010. To be
eligible to vote, producers must have
produced 100,000 or more pounds of
honey from January 1, 2008 through
December 31, 2008. Ballots will be
mailed to all known honey producers on
or before May 17, 2010. Ballots must be
received by the referendum agent no
later than the close of business by 4:30
p.m. (Eastern Time) on June 4, 2010.
ADDRESSES: Copies of the Proposed U.S.
Producer Order may be obtained from:
Referendum Agent, Research and
Promotion Branch, Fruit and Vegetable
Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0244,
Room 0632–S, Washington, DC 20250–
0244; telephone: (202) 720–9915 or
(888) 720–9917 (toll free); or facsimile:
(202) 205–2800; or can be viewed at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Kimberly Coy, Marketing Specialist,
Research and Promotion Branch, Fruit
and Vegetable Programs, AMS, USDA,
Stop 0244, Room 0634–S, 1400
Independence Ave., SW., Washington,
DC 20250–0244; telephone (202) 720–
9915 or (888) 720–9917 (toll free), Fax:
(202) 205–2800 or e-mail
kimberly.coy@ams.usda.gov.
This
proposed rule is issued under the
Commodity Promotion, Research, and
SUPPLEMENTARY INFORMATION:
E:\FR\FM\12APP1.SGM
12APP1
]]>Agencies
[Federal Register Volume 75, Number 69 (Monday, April 12, 2010)]
[Proposed Rules]
[Pages 18428-18430]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8267]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 /
Proposed Rules
[[Page 18428]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 956
[Doc. No. AMS-FV-10-0020; FV10-956-1 PR]
Sweet Onions Grown in the Walla Walla Valley of Southeast
Washington and Northeast Oregon; Changes to Reporting and Assessment
Due Dates
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This rule invites comments on proposed changes to the
reporting and assessment date requirements prescribed under the
marketing order regulating the handling of sweet onions grown in the
Walla Walla Valley of southeast Washington and northeast Oregon. The
marketing order is administered locally by the Walla Walla Sweet Onion
Marketing Committee (hereinafter referred to as the ``Committee'').
This rule would revise the submission due date for certain handler
reports and assessment payments from September 1 to September 30. The
proposed changes would allow handlers additional time to compile
requisite information and submit it to the Committee. It is expected
that this action would improve handler compliance with the
administrative requirements of the marketing order.
DATES: Comments must be received by May 12, 2010.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. 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 Internet: https://www.regulations.gov. All comments should reference the document 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: https://www.regulations.gov. All comments submitted in response to this rule
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the Internet at
the address provided above.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist
or Gary 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:
Barry.Broadbent@ams.usda.gov or GaryD.Olson@ams.usda.gov. Small
businesses may request information on complying with this regulation by
contacting Antoinette Carter, 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: Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing
Agreement and Order No. 956, both as amended (7 CFR part 956),
regulating the handling of sweet onions in the Walla Walla Valley of
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 proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
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 proposal invites comments on revisions to the due dates
currently prescribed in the order's administrative rules for certain
reports and assessment payments. This rule would change the submission
due date for handler shipment statements and assessment payments for
Walla Walla sweet onions shipped prior to September 1 (hereinafter
referred to as ``regular season'') from September 1 to September 30.
The proposed due date change would allow handlers needed time to
compile information, file reports, and pay assessments. It is expected
that this action would improve handler compliance with the order's
reporting and assessment requirements. The proposed rule was
unanimously recommended by the Committee at its February 2, 2010,
meeting.
Currently, Sec. 956.80 of the order provides that, upon request of
the Committee, with the approval of the Secretary, each handler shall
furnish to the Committee, in such manner and at such time as it may
prescribe, such reports and other information as may be necessary for
the Committee to perform its duties. In addition, Sec. 956.42(a)
provides that each person who first handles Walla Walla sweet onions
shall pay assessments to the Committee upon demand.
Section 956.180(b) of the order's administrative rules currently
prescribes that each handler shall furnish to the Committee a Handler's
Statement of Walla Walla Sweet Onion Shipments. For Walla Walla sweet
onions handled prior to September 1, such report shall be furnished to
the Committee by September 1. In addition, Sec. 956.142 currently
provides that, for Walla Walla Sweet Onions handled prior to September
1, annual assessments are due September 1.
At its meeting on February 2, 2010, the Committee recommended that
the
[[Page 18429]]
order's reporting and assessment due dates for regular season shipments
be changed to allow handlers additional time to fulfill these
requirements. At the time the order was promulgated in 1995, the Walla
Walla sweet onion shipping season typically concluded at the end of
July or early in August. As such, the Committee established a September
1 deadline for submitting reports and paying assessments, which gave
handlers most of the month of August to accumulate information and
prepare their reports and assessment payments.
Recently, however, handlers have indicated to the Committee that
advancements in Walla Walla sweet onion production and storage
techniques have extended the regular season for the shipment of such
onions until the end of August. As a result, it has become more
difficult for handlers to gather the information required in time to
meet the September 1 deadline for reporting shipments and paying
assessments. Changing the due date for submission of the handler's
shipment statement and assessment payment for regular season shipments
from September 1 to September 30 would allow handlers the needed time
to complete the requirements and submit them to the Committee.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), 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 rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 28 handlers of Walla Walla sweet onions who
are subject to regulation under the marketing 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 $7,000,000, and small agricultural producers are defined
as those having annual receipts of less than $750,000.
Based on information from the Committee for the 2009 shipping
season, handlers shipped 621,218 50-pound equivalents of Walla Walla
sweet onions. At an average price of $11.50 per 50-pound equivalent,
total handler revenue was approximately $7,144,000 and average revenue
per handler was approximately $255,100. Also based on information from
the Committee, producers harvested an average of 24 acres of Walla
Walla sweet onions, with an average production of 699 50-pound
equivalents per acre. With an average farm gate value of $8.75 per 50-
pound equivalent, Walla Walla sweet onion producers averaged
approximately $146,800 in gross receipts for the year. Based on this
information, the majority of handlers and producers of Walla Walla
sweet onions may be classified as small entities under SBA's standards.
This proposal would revise the due dates currently contained in
Sec. Sec. 956.180 and 956.142 of the order for the submission of
regular season handler reports and assessment payments for Walla Walla
sweet onions handled from June 1 through August 31. The deadline for
submitting reports and assessment payments for such onion shipments
would be revised from September 1 to September 30. The proposed change
would not affect reporting and assessment payment due dates for late
season Walla Walla sweet onions shipped during the September 1 through
May 31 period, which would remain 30 days after the end of the month in
which the onions were handled. The proposed due date change would allow
handlers needed time to compile information, file reports and pay
assessments. Authority for this action is provided in Sec. Sec.
956.42(f) and 956.80.
The order provides that each handler who ships Walla Walla sweet
onions shall furnish to the Committee a Handler's Statement of Walla
Walla Sweet Onion Shipments and shall pay a pro rata assessment.
Currently, handlers who handle Walla Walla sweet onions prior to
September 1 are required to submit the shipment statement by September
1. Late season shipments of Walla Walla sweet onions handled after
September 1 are required to be reported within 30 days after the last
day of the month in which the sweet onions were shipped. Handler
assessments are due the same date that the shipment statements are due.
Interest charges of 1\1/2\ percent of the unpaid balance are imposed on
any assessments which are not paid within 30 days of their due date.
At its February 2, 2010, meeting, the Committee discussed whether
the current due dates for certain reports and assessment payments
needed to be changed to allow more time for handlers to comply with the
marketing order's requirements. Handlers stated at the meeting that
advancements in both the production and storage of Walla Walla sweet
onions had extended the marketability of their product well into
August, whereas, traditionally, their primary marketing season ended
around the end of July. As such, the handlers explained that there is
now less time between the end of their shipping period and the
reporting deadline to compile information, complete reports and pay
their assessments. The Committee staff indicated that compliance with
the order's reporting and assessment requirements would likely improve
if handlers were given additional time to fulfill them.
The Committee discussed alternatives to this change, including
extending the due dates even further; requiring submission of reports
and assessments monthly instead of at the end of the regular season;
changing the due dates, but adding a late penalty; and not making any
changes. However, the Committee believes that the proposed changes
adequately address the concerns of the handlers while maintaining
sufficient consequences for noncompliance and reasonable timelines for
the administration of the order.
This rule is not expected to have any economic impact on handlers
or producers of any size. The benefits of this rule are not expected to
be disproportionately greater or less for small handlers or producers
than for larger entities.
Information collected under this order is currently approved under
OMB No. 0581-0178. This proposed rule would not impose any additional
reporting or recordkeeping requirements on either small or large Walla
Walla sweet onion handlers. As stated above, information collected
would not change with this rule; only the date on which the collection
is required to be submitted would be revised. 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.
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.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this proposed rule.
In addition, the Committee's meeting was widely publicized
throughout the
[[Page 18430]]
Walla Walla sweet onion industry and all interested persons were
invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the February
2, 2010, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue. Finally, interested
persons are invited to submit comments on this proposed rule, including
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: https://www.ams.usda.gov. Any questions about the compliance guide should be
sent to Antoinette Carter at the previously mentioned address in the
FOR FURTHER INFORMATION CONTACT section.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. Thirty days is deemed appropriate because
this rule, if adopted, should be in place as soon as possible to inform
handlers of the new reporting and assessment payment deadlines for the
upcoming shipping season, which begins in June 2010. All written
comments timely received will be considered before a final
determination is made on this matter.
List of Subjects in 7 CFR Part 956
Marketing agreements, Onions, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 956 is
proposed to be amended as follows:
PART 956--SWEET ONIONS GROWN IN THE WALLA WALLA VALLEY OF SOUTHEAST
WASHINGTON AND NORTHEAST OREGON
1. The authority citation for 7 CFR part 956 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Revise Sec. 956.142 to read as follows:
Sec. 956.142 Interest charges.
For Walla Walla Sweet Onions handled prior to September 1, the
Committee shall impose an interest charge on any handler who fails to
pay his or her annual assessments within thirty (30) days of the due
date of September 30. For Walla Walla Sweet Onions handled during the
period September 1 through May 31, the Committee shall impose an
interest charge on any handler who fails to pay his or her assessments
within thirty (30) days of the last day of the month in which such
shipments are made. The interest charge shall be 1\1/2\ percent of the
unpaid assessment balance. In the event the handler fails to pay the
delinquent assessment amount within 60 days following the due date, the
1\1/2\ percent interest charge shall be applied monthly thereafter to
the unpaid balance, including any accumulated interest. Any amount paid
by a handler as an assessment, including any charges imposed pursuant
to this paragraph, shall be credited when the payment is received in
the Committee office.
3. Revise the introductory text of Sec. 956.180(b) to read as
follows:
Sec. 956.180 Reports.
* * * * *
(b) Each handler shall furnish to the Committee a Handler's
Statement of Walla Walla Sweet Onion Shipments containing the
information in 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 30, and that for Walla Walla Sweet Onions
handled during the period September 1 through May 31, 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:
* * * * *
Dated: April 7, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-8267 Filed 4-9-10; 8:45 am]
BILLING CODE 3410-02-P
