Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon; Changes to Reporting and Assessment Due Dates, 34345-34347 [2010-14569]
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Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations
smaller bunches in consumer packages
holding 2 pounds net weight or less.
Therefore, for the reasons given in the
interim rule, we are adopting the
interim rule as a final rule, without
change.
To view the interim rule, go to:
https://www.regulations.gov/search/
Regs/home.html#documentDetail?
R=0900006480acfcb7.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866 and 12988, the
Paperwork Reduction Act (44 U.S.C.
Chapter 35), and the E-Gov Act (44
U.S.C. 101).
In accordance with section 8e of the
Act, the United States Trade
Representative has concurred with the
issuance of this final rule.
After consideration of all relevant
material presented, it is found that
finalizing the interim rule, without
change, as published in the Federal
Register (75 FR 17031, April 5, 2010)
will tend to effectuate the declared
policy of the Act.
List of Subjects
7 CFR Part 925
Grapes, Marketing agreements and
orders, Reporting and recordkeeping
requirements.
7 CFR Part 944
Avocados, Food grades and standards,
Grapefruit, Grapes, Imports, Kiwifruit,
Limes, Olives, Oranges.
PARTS 925 and 944—[AMENDED]
Accordingly, the interim rule that
amended 7 CFR parts 925 and 944 and
that was published at 75 FR 17031 on
April 5, 2010, is adopted as a final rule,
without change.
■
Dated: June 11, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–14572 Filed 6–16–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
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7 CFR Part 956
[Doc. No. AMS–FV–10–0020; FV10–956–1
FR]
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.
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14:49 Jun 16, 2010
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ACTION:
Final rule.
SUMMARY: This rule changes 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 revises the
submission due date for certain handler
reports and assessment payments from
September 1 to September 30. This
change allows handlers additional time
to compile requisite information and
submit it to the Committee. It is
expected that this action will improve
handler compliance with the
administrative requirements of the
marketing order.
DATES: Effective Date: July 19, 2010.
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.
This final
rule 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 final rule 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
SUPPLEMENTARY INFORMATION:
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34345
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 final rule revises the due date
prescribed in the order’s administrative
rules for certain reports and assessment
payments. Specifically, 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’’) is changed from
September 1 to September 30. The due
date change will allow handlers the
needed time to compile information, file
reports, and pay assessments. It is
expected that this action will improve
handler compliance with the order’s
reporting and assessment requirements.
The rule was unanimously
recommended by the Committee at its
February 2, 2010, meeting.
Section 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 prescribes that each
handler shall furnish to the Committee
a Handler’s Statement of Walla Walla
Sweet Onion Shipments. Prior to this
final rule, for Walla Walla sweet onions
handled prior to September 1, such
report was required to be furnished to
the Committee by September 1. In
addition, § 956.142 of the order
provided that, for Walla Walla Sweet
Onions handled prior to September 1,
annual assessment payments were also
due September 1.
At its meeting on February 2, 2010,
the Committee recommended that the
order’s reporting and assessment due
date for regular season shipments be
changed from September 1 to September
30 to allow handlers additional time to
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fulfill their reporting and assessment
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 for Walla Walla sweet
onions handled during the regular
season, 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 allows
handlers the needed time to complete
the requirements and submit them to
the Committee.
Final 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 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 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
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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 final rule revises the due date
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 regular
season onion shipments is revised from
September 1 to September 30. This
change does not affect the reporting and
assessment payment due dates for late
season Walla Walla sweet onions
shipped during the September 1 through
May 31 period, which continues to be
30 days after the end of the month in
which the onions were handled. The
due date change allows handlers the
needed time to compile information, file
reports and pay assessments. Authority
for this action is provided in
§§ 956.42(f) and 956.80.
At its February 2, 2010, meeting, the
Committee discussed whether the due
date for certain reports and assessment
payments needed to be changed to allow
more time for handlers to comply with
the 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.
At the meeting, the Committee
discussed alternatives to this change,
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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 believed that changing
the due date for reports and assessment
payments on regular season onion
shipments from September 1 to
September 30 adequately addressed the
concerns of the handlers while
maintaining sufficient consequences for
noncompliance and reasonable
timelines for the administration of the
order.
This final 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 action will not impose
any additional reporting or
recordkeeping requirements on either
small or large Walla Walla sweet onion
handlers. As stated above, information
collected will not change with this rule;
only the date on which the collection is
required to be submitted will 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.
As noted in the initial regulatory
flexibility analysis, USDA has not
identified any relevant Federal rules
that duplicate, overlap or conflict with
this final 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.
In addition, the Committee’s meeting
was widely publicized throughout the
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.
A proposed rule concerning this
action was published in the Federal
Register on April 12, 2010 (75 FR
18428). Copies of the rule were mailed
or sent via facsimile to all Committee
members and Walla Walla sweet onion
handlers. Finally, the rule was made
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Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations
available through the Internet by USDA
and the Office of the Federal Register. A
30-day comment period ending May 12,
2010, was provided to allow interested
persons to respond to the proposal. No
comments were received during the
comment period in response to the
proposal. Accordingly, no changes will
be made to the rule as proposed.
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/
AMSv1.0/ams.fetchTemplateData.do?
template=TemplateN&
page=MarketingOrdersSmall
BusinessGuide. Any questions about the
compliance guide should be sent to
Antoinette Carter at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
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 amended as
follows:
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 § 956.180(b) introductory
text 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: June 11, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–14569 Filed 6–16–10; 8:45 am]
PART 956—SWEET ONIONS GROWN
IN THE WALLA WALLA VALLEY OF
SOUTHEAST WASHINGTON AND
NORTHEAST OREGON
BILLING CODE P
1. The authority citation for 7 CFR
part 956 continues to read as follows:
Federal Aviation Administration
■
DEPARTMENT OF TRANSPORTATION
Authority: 7 U.S.C. 601–674.
■
14 CFR Part 39
2. Revise § 956.142 to read as follows:
[Docket No. FAA–2009–0803; Directorate
Identifier 2009–NE–34–AD; Amendment 39–
16330; AD 2010–12–09]
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§ 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 11⁄2 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 11⁄2
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14:49 Jun 16, 2010
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RIN 2120–AA64
Airworthiness Directives; Honeywell
International Inc. Auxiliary Power Unit
Models GTCP36–150(R) and GTCP36–
150(RR)
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: The FAA is adopting a new
airworthiness directive (AD) for
Honeywell International Inc. auxiliary
power unit (APU) models GTCP36–
150(R) and GTCP36–150(RR). This AD
requires inspecting the fuel control unit
(FCU) differential pressure (Delta P)
sleeve bore for erosion, replacing the
FCU if it fails the inspection, and
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34347
installing a fuel deflector on the Delta P
sleeve of the FCU. This AD results from
eight reports of fuel leakage from the
FCU. We are issuing this AD to prevent
fuel leakage in the APU compartment,
which could lead to ignition of fuel
vapor, creating a fire and explosion
hazard resulting in injury, and damage
to the APU and the airplane.
DATES: This AD becomes effective July
22, 2010. The Director of the Federal
Register approved the incorporation by
reference of certain publications listed
in the regulations as of July 22, 2010.
ADDRESSES: You can get the service
information identified in this AD from
Honeywell International Inc., 111 S.
34th Street, Phoenix, Arizona 85034–
2802; Web site: https://
portal.honeywell.com/wps/portal/aero;
telephone No. (800) 601–3099;
international telephone No. (601) 365–
3099.
The Docket Operations office is
located at Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue, SE., West Building
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
FOR FURTHER INFORMATION CONTACT:
Roger Pesuit, Aerospace Engineer, Los
Angeles Aircraft Certification Office,
FAA, Transport Airplane Directorate,
3960 Paramount Blvd., Lakewood, CA
90712–4137; e-mail:
roger.pesuit@faa.gov; telephone (562)
627–5251, fax (562) 627–5210.
SUPPLEMENTARY INFORMATION: The FAA
proposed to amend 14 CFR part 39 with
a proposed AD. The proposed AD
applies to Honeywell International Inc.
APU models GTCP36–150(R) and
GTCP36–150(RR). We published the
proposed AD in the Federal Register on
December 23, 2009 (74 FR 68196). That
action proposed to require inspecting
the Delta P sleeve bore for erosion,
replacing the FCU if it fails the
inspection, and installing a fuel
deflector on the Delta P sleeve of the
FCU.
Examining the AD Docket
You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Operations office between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. The AD docket
contains this AD, the regulatory
evaluation, any comments received, and
other information. The street address for
the Docket Operations office (telephone
(800) 647–5527) is provided in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
E:\FR\FM\17JNR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 116 (Thursday, June 17, 2010)]
[Rules and Regulations]
[Pages 34345-34347]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14569]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 956
[Doc. No. AMS-FV-10-0020; FV10-956-1 FR]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule changes 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 revises the submission due
date for certain handler reports and assessment payments from September
1 to September 30. This change allows handlers additional time to
compile requisite information and submit it to the Committee. It is
expected that this action will improve handler compliance with the
administrative requirements of the marketing order.
DATES: Effective Date: July 19, 2010.
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 final rule 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 final rule 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 final rule revises the due date prescribed in the order's
administrative rules for certain reports and assessment payments.
Specifically, 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'') is changed
from September 1 to September 30. The due date change will allow
handlers the needed time to compile information, file reports, and pay
assessments. It is expected that this action will improve handler
compliance with the order's reporting and assessment requirements. The
rule was unanimously recommended by the Committee at its February 2,
2010, meeting.
Section 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 prescribes
that each handler shall furnish to the Committee a Handler's Statement
of Walla Walla Sweet Onion Shipments. Prior to this final rule, for
Walla Walla sweet onions handled prior to September 1, such report was
required to be furnished to the Committee by September 1. In addition,
Sec. 956.142 of the order provided that, for Walla Walla Sweet Onions
handled prior to September 1, annual assessment payments were also due
September 1.
At its meeting on February 2, 2010, the Committee recommended that
the order's reporting and assessment due date for regular season
shipments be changed from September 1 to September 30 to allow handlers
additional time to
[[Page 34346]]
fulfill their reporting and assessment 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 for Walla Walla sweet onions handled
during the regular season, 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 allows handlers the needed time to
complete the requirements and submit them to the Committee.
Final 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 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 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 final rule revises the due date 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 regular season onion shipments
is revised from September 1 to September 30. This change does not
affect the reporting and assessment payment due dates for late season
Walla Walla sweet onions shipped during the September 1 through May 31
period, which continues to be 30 days after the end of the month in
which the onions were handled. The due date change allows handlers the
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.
At its February 2, 2010, meeting, the Committee discussed whether
the due date for certain reports and assessment payments needed to be
changed to allow more time for handlers to comply with the 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.
At the meeting, 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 believed that
changing the due date for reports and assessment payments on regular
season onion shipments from September 1 to September 30 adequately
addressed the concerns of the handlers while maintaining sufficient
consequences for noncompliance and reasonable timelines for the
administration of the order.
This final 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 action will not impose any additional reporting
or recordkeeping requirements on either small or large Walla Walla
sweet onion handlers. As stated above, information collected will not
change with this rule; only the date on which the collection is
required to be submitted will 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.
As noted in the initial regulatory flexibility analysis, USDA has
not identified any relevant Federal rules that duplicate, overlap or
conflict with this final 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.
In addition, the Committee's meeting was widely publicized
throughout the 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.
A proposed rule concerning this action was published in the Federal
Register on April 12, 2010 (75 FR 18428). Copies of the rule were
mailed or sent via facsimile to all Committee members and Walla Walla
sweet onion handlers. Finally, the rule was made
[[Page 34347]]
available through the Internet by USDA and the Office of the Federal
Register. A 30-day comment period ending May 12, 2010, was provided to
allow interested persons to respond to the proposal. No comments were
received during the comment period in response to the proposal.
Accordingly, no changes will be made to the rule as proposed.
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/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to
Antoinette Carter at the previously mentioned address in the FOR
FURTHER INFORMATION CONTACT section.
After consideration of all relevant material presented, including
the information and recommendation submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
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:
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. 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.
0
3. Revise Sec. 956.180(b) introductory text 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: June 11, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-14569 Filed 6-16-10; 8:45 am]
BILLING CODE P
