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56667 Rules and Regulations Federal Register Vol. 69, No. 183 Wednesday, September 22, 2004 This section of the FEDERAL REGISTER DATES: Effective: September 23, 2004; commodities, including onions, are contains regulatory documents having general comments received by November 22, regulated under a Federal marketing applicability and legal effect, most of which 2004 will be considered prior to order, imports of these commodities are keyed to and codified in the Code of issuance of a final rule. into the United States are prohibited Federal Regulations, which is published under unless they meet the same or 50 titles pursuant to 44 U.S.C. 1510. ADDRESSES: Interested persons are invited to submit written comments comparable grade, size, quality, or The Code of Federal Regulations is sold by concerning this rule. Comments must be maturity requirements as those in effect the Superintendent of Documents. Prices of sent to the Docket Clerk, Marketing for the domestically produced new books are listed in the first FEDERAL Order Administration Branch, Fruit and commodities. REGISTER issue of each week. Vegetable Programs, AMS, USDA, 1400 The Department of Agriculture Independence Avenue SW., STOP 0237, (USDA) is issuing this rule in Washington, DC 20250–0237; Fax: (202) conformance with Executive Order DEPARTMENT OF AGRICULTURE 720–8938; E-mail: 12866. [email protected]; or Internet: This rule has been reviewed under Agricultural Marketing Service http://www.regulations.gov. All Executive Order 12988, Civil Justice comments should reference the docket Reform. This rule is not intended to 7 CFR Parts 958 and 980 number and the date and page number have retroactive effect. This rule will of this issue of the Federal Register and not preempt any State or local laws, [Docket No. FV04–958–1 IFR] will be made available for public regulations, or policies, unless they inspection in the Office of the Docket Onions Grown in Certain Designated present an irreconcilable conflict with Clerk during regular business hours, or Counties in Idaho and Malheur County, this rule. can be viewed at: http:// Oregon; Relaxation of Handling and The Act provides that administrative www.ams.usda.gov/fv/moab.html. Import Regulations proceedings must be exhausted before FOR FURTHER INFORMATION CONTACT: parties may file suit in court. Under AGENCY: Agricultural Marketing Service, Robert J. Curry, Northwest Marketing § 608c(15)(A) of the Act, any handler USDA. Field Office, Marketing Order subject to an order may file with USDA ACTION: Interim final rule with request Administration Branch, Fruit and a petition stating that the order, any for comments. Vegetable Programs, AMS, USDA, 1220 provision of the order, or any obligation SW. Third Avenue, suite 385, Portland, imposed in connection with the order is SUMMARY: This rule relaxes the size Oregon 97204; telephone: (503) 326– not in accordance with law and request requirement for pearl onions, relaxes the 2724, Fax: (503) 326–7440; or George a modification of the order or to be minimum grade and size requirements Kelhart, Technical Advisor, Marketing exempted therefrom. A handler is for cipolline onion varieties, and Order Administration Branch, Fruit and afforded the opportunity for a hearing updates the regulatory text concerning Vegetable Programs, AMS, USDA, 1400 on the petition. After the hearing USDA certain reporting requirements for Independence Avenue SW., STOP 0237, would rule on the petition. The Act onions handled under the Idaho-Eastern Washington, DC 20250–0237; telephone: provides that the district court of the Oregon onion marketing order. The (202) 720–2491, Fax: (202) 720–8938. United States in any district in which marketing order regulates the handling Small businesses may request the handler is an inhabitant, or has his of onions grown in Idaho and Eastern information on complying with this or her principal place of business, has Oregon and is administered locally by regulation by contacting Jay Guerber, jurisdiction to review USDA’s ruling on the Idaho Eastern-Oregon Onion Marketing Order Administration the petition, provided an action is filed Committee (Committee). This rule also Branch, Fruit and Vegetable Programs, not later than 20 days after the date of relaxes the requirements for pearl and AMS, USDA, 1400 Independence the entry of the ruling. cipolline onions under the import Avenue SW., STOP 0237, Washington, There are no administrative regulations as required by section 8e of DC 20250–0237; telephone: (202) 720– procedures which must be exhausted the Agricultural Marketing Agreement 2491, Fax: (202) 720–8938, or E-mail: prior to any judicial challenge to the Act of 1937. Specifically, this rule [email protected]. provisions of import regulations issued changes the definition of pearl onions to SUPPLEMENTARY INFORMATION: This rule under section 8e of the Act. mean onions 2 inches in diameter or is issued under Marketing Agreement This rule relaxes handling regulations less, establishes a relaxed minimum No. 130 and Marketing Order No. 958, for pearl and cipolline onions produced grade of U.S. No. 2 and relaxed both as amended (7 CFR part 958), in certain designated counties in Idaho, minimum diameter of 11⁄2 inches for regulating the handling of onions grown and Malheur County Oregon, by cipolline onions, and adds clarification in certain designated counties in Idaho, redefining pearl onions to mean onions and specificity to the reporting and Malheur County, Oregon, 2 inches in diameter or less, and by requirements for onions handled for hereinafter referred to as the ‘‘order.’’ establishing a relaxed minimum grade peeling, chopping, or slicing. The The order is effective under the of U.S. No. 2 and a relaxed minimum changes are intended to facilitate the Agricultural Marketing Agreement Act diameter of 11⁄2 inches for cipolline marketing of onions handled under the of 1937, as amended (7 U.S.C. 601–674), onion varieties. As provided under marketing order, improve producer hereinafter referred to as the ‘‘Act.’’ section 8e of the Act, these changes also returns, and bring the section 8e import This rule is also issued under section apply to all imported pearl and regulation into conformity with the 8e of the Act, which provides that cipolline onions. This rule also adds marketing order. whenever certain specified clarification and specificity to the VerDate jul<14>2003 18:59 Sep 21, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\22SER1.SGM 22SER1 56668 Federal Register / Vol. 69, No. 183 / Wednesday, September 22, 2004 / Rules and Regulations reporting requirements by updating Due to previous changes in handling, Cipolline onions, however, range in § 958.328(d) for onions handled for marketing, and buyer preferences, the size from about 1 inch in diameter to peeling, chopping, or slicing to reflect defined maximum diameter of pearl about 3 inches in diameter, with current form provisions. These changes onions was changed from 11⁄2 inches to prevalence found in the 2-inch to 3-inch were unanimously recommended by the 13⁄4 inches in 1990 (55 FR 27825). sizes. Since most of the cipolline onions Committee on April 1, 2004, and are Similarly, due to ongoing changes in produced in this area are yellow, U.S. intended to facilitate the marketing of handling, marketing, and buyer No. 2 grade cipolline onions would have Idaho-Eastern Oregon onions and preferences, this rule further relaxes the difficulty meeting the three-inch improve producer returns. size requirements by increasing the minimum size requirement. Following a Sections 958.51 and 958.52 of the defined maximum diameter of pearl review of the cultural practices, supply order authorize the Committee to onions to 2 inches. situation, and demand characteristics recommend, and the USDA to issue, The pearl onion market is a minor for cipolline onions, the Committee grade, size, quality, pack, and container segment of the onion market served by determined that the marketing of all regulations for any variety or varieties of the Idaho-Eastern Oregon production cipolline onion varieties would be onions grown in the production area. area. As such, the Committee continues enhanced if handlers were held to a Section 958.53 authorizes the issuance to believe that pearl onions do not minimum grade of U.S. No. 2 and a of special regulations to facilitate the compete directly with most of the minimum size of 11⁄2inches in handling of pearl onions as well as other onions produced in this area and that diameter—the same minimum special purpose shipments. Section the current exemption from size, grade, requirements for all Idaho-Eastern 958.65 authorizes the Committee to and maturity requirements should Oregon red varieties. collect information from handlers. continue. This rule, by establishing a minimum Regulations specific to the handling of Due to changing dynamics in the grade and size for all cipolline onion onions produced in the regulated cultural and handling practices in this varieties distinct from the prevalent production area are contained in region, as well as buyer and consumer white, red, and yellow varieties, will § 958.328 of the order’s handling preferences, this relaxation in help ensure that marketable cipolline regulations, whereas relevant import requirements will help facilitate the onions meet the minimum requirements regulations are contained in § 980.117 efficient movement of pearl onions into of the order. While the requirements in fresh market channels and may also and § 980.501 of the vegetable import place prior to this action allowed for the enhance producer returns. regulations. shipment of white cipolline onions that Cipolline onions—also known as graded U.S. No. 1, 1-inch minimum to Pearl onions and cipolline onions are Borettana onions—are traditional Italian 2-inches maximum, no such shipments small, specialty onions with end uses in onions that are relatively small and were ever made from the production both the fresh market (raw and cooked) button shaped, and include white, red, area.