83 FR 8804 - Onions Grown in South Texas; Proposed Amendment to Marketing Order 959
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 41 (March 1, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 41 (March 1, 2018)
| Page Range | 8804-8807 | |
| FR Document | 2018-04076 |
[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)] [Proposed Rules] [Pages 8804-8807] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-04076] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 959 [AMS-SC-17-0067; SC17-959-4] Onions Grown in South Texas; Proposed Amendment to Marketing Order 959 AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule invites comments on a proposed amendment to Marketing Order No. 959, which regulates the handling of onions grown in south Texas. The proposed amendment would reduce the size of the South Texas Onion Committee (Committee) and make conforming and clarifying amendments as needed. The amendment would adjust the number of handlers and producers on the Committee to reflect a decrease in the number of onion producers and handlers in recent years. DATES: Comments must be received by April 30, 2018. ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; or internet: http://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: http://www.regulations.gov. All comments submitted in response to this proposed 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: Geronimo Quinones, Marketing Specialist, or Julie Santoboni, Rulemaking Branch Chief, Marketing [[Page 8805]] Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposal is issued under Marketing Order No. 959, as amended (7 CFR part 959), regulating the handling of onions grown in south Texas. Part 959 (referred to as 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 Committee locally administers the Marketing Order and is comprised of onion producers and handlers operating within the area of production. Section 608c(17) of the Act and the applicable rules of practice and procedure governing the formulation of marketing agreements and orders (7 CFR part 900) authorizes amendment of the Order through this informal rulemaking action. The Agricultural Marketing Service (AMS) will consider comments received in response to this proposed rule, and based on all the information available, will determine if the Order amendment is warranted. If AMS determines amendment of the Order is warranted, a subsequent proposed rule and notice of referendum would be issued and producers would be allowed to vote for or against the proposed Order amendment. AMS would then issue a final rule effectuating any amendments approved by producers in the referendum. The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this proposed rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs'[thinsp]'' (February 2, 2017). This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule shall not be deemed to preclude, preempt, or supersede any State program covering onions grown in south Texas. 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 no later than 20 days after the date of entry of the ruling. Section 1504 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) (Pub. L. 110-246) amended section 8c(17) of the Act, which in turn required the addition of supplemental rules of practice to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of section 8c(17) of the Act and additional supplemental rules of practice authorize the use of informal rulemaking (5 U.S.C. 553) to amend Federal fruit, vegetable, and nut marketing agreements and orders. USDA may use informal rulemaking to amend marketing orders based on the nature and complexity of the proposed amendments, the potential regulatory and economic impacts on affected entities, and any other relevant matters. AMS has considered these factors and has determined that the amendment proposed is not unduly complex and the nature of the proposed amendment is appropriate for utilizing the informal rulemaking process to amend the Order. A discussion of the potential regulatory and economic impacts on affected entities is discussed later in the ``Initial Regulatory Flexibility Analysis'' section of this proposed rule. The proposed amendment was unanimously recommended by the Committee following deliberations at a public meeting held on June 7, 2017. The proposal would amend the Order by reducing the size of the Committee from 34 to 26 members. The change would remove one voting producer and handler member, and one alternate producer and handler member from each of the two districts. Proposal--Reduce Committee Size Section 959.22 provides that the Committee consists of seventeen members, ten of whom shall be producers and seven of whom shall be handlers. For each member of the Committee there shall be an alternate. This proposal would amend Sec. 959.22 by reducing the size of the Committee from 34 to 26 members. The Committee size is based on membership per district. The Order initially established five districts, which were reestablished as two districts in Sec. 959.110. Section 959.111 reapportioned the 34 Committee members between the two districts so that District 1 was comprised of 20 members and alternates and District 1 was comprised of 14 members and alternates. However, due to contractions in the size of the industry, the Committee has had difficulties finding nominees to fill positions on the Committee. The change would remove one voting producer and handler member, and one alternate producer and handler member from each of the two districts (eight members total). Conforming and clarifying changes would also be made to Sec. Sec. 959.24, 959.26, 959.32, and Sec. Sec. 959.110 and 959.111 would be removed. This proposed action is necessary to adjust the number of handlers and producers on the Committee to reflect industry consolidation. There has been a decrease in the number of onion producers and handlers over the past 15 years. The current structure of the Committee requires 34 members, with half the members elected on biennial terms. Many seats remain vacant, as finding sufficient members to nominate has been challenging. Having a smaller size committee would enable it to fulfill membership and quorum requirements, thereby ensuring a more efficient and orderly flow of business. For the reasons stated above, it is proposed that Sec. 959.22 be modified to reduce the size of the Committee from 34 to 26 members. Conforming and clarifying changes would also be made to Sec. Sec. 959.24, 959.26, 959.32, and Sec. Sec. 959.110 and 959.111 would be removed. Initial Regulatory Flexibility Analysis Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA) [[Page 8806]] (5 U.S.C. 601-612), 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 businesses 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 60 producers of onions in the production area and approximately 30 handlers subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). Based on information from the National Agricultural Statistics Service, the weighted grower price for South Texas onions during the 2015-16 season was approximately $12.30 per 50-pound equivalent. Furthermore, according to Committee data, total shipments were approximately three million 50-pound equivalents for the 2015-16 season with a total 2015-16 crop value estimated at $37 million. Dividing the crop value by the estimated number of producers (60) yields an estimated average receipt per producer of $617,000. This is below the $750,000 SBA definition of small producers. The average handler price for South Texas onions during the 2015-16 season was approximately $14.05 per 50-pound equivalent. Multiplying the average handler price by shipment information of 3 million 50-pound equivalent results in an estimated handler-level value of $42 million. Dividing this figure by the number of handlers (30) yields an estimated average annual handler receipts of $1.4 million, which is below the SBA definition of small agricultural service firms. Assuming a normal distribution, the majority of producers and handlers of South Texas onions may be classified as small entities. The amendment proposed by the Committee would reduce the size of the Committee from 34 to 26 members under the Order. The reduction would remove one voting producer and handler member, and one alternate producer and handler member from each of the two districts. The Committee's proposed amendment was unanimously recommended at a meeting on June 7, 2017. If this proposal is approved in referendum, there would be no direct financial effects on producers or handlers. Over the past 15 years there has been a 31-percent decrease in the number of onion producers, and a 34-percent decrease in the number of handlers in the production area. Many seats on the Committee remain vacant, as it has been challenging to find sufficient nominees. Having a smaller size Committee would enable it to fulfill membership and quorum requirements, thereby ensuring a more efficient and orderly flow of business. The Committee believes this change will serve the needs of the Committee and the industry. No economic impact is expected if the amendment is approved because it would not establish any regulatory requirements on handlers, nor does it contain any assessment or funding implications. There would be no change in financial costs, reporting, or recordkeeping requirements if this proposal is approved. Alternatives to this proposal, including making no changes at this time, were considered. However, the Committee believes that given reductions in the size of the industry, a smaller Committee size is necessary in order to ensure its ability to locally administer the program. Reducing the size of the Committee would enable it to fulfill membership and quorum requirements, thereby ensuring a more efficient and orderly flow of business. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0178 (Vegetable and Specialty Crops). No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would impose no additional reporting or recordkeeping requirements on either small or large South Texas onion handlers. 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 action. The Committee's meeting was widely publicized throughout the South Texas onion production area. All interested persons were invited to attend the meeting and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the June 7, 2017, meeting was public, and all entities, both large and small, were encouraged to express their views on the proposal. Finally, interested persons are invited to submit comments on the proposed amendment to the Order, including comments on the regulatory and information collection impacts of this action on small businesses. Following analysis of any comments received on the amendment proposed in this proposed rule, AMS will evaluate all available information and determine whether to proceed. If appropriate, a proposed rule and notice of referendum would be issued, and producers would be provided the opportunity to vote for or against the proposed amendment. Information about the referendum, including dates and voter eligibility requirements, would be published in a future issue of the Federal Register. A final rule would then be issued to effectuate any amendment favored by producers participating in the referendum. 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/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. General Findings The findings hereinafter set forth are supplementary to the findings and determinations which were previously made in connection with the issuance of Marketing Order 959; and all said previous findings and determinations are hereby ratified and affirmed, except insofar as such findings and determinations may be in conflict with the findings and determinations set forth herein. 1. Marketing Order 959 as hereby proposed to be amended and all of the terms and conditions thereof, would tend to effectuate the declared policy of the Act; 2. Marketing Order 959 as hereby proposed to be amended regulates the [[Page 8807]] handling of onions grown in South Texas and is applicable only to persons in the respective classes of commercial and industrial activity specified in the Marketing Order; 3. Marketing Order 959 as hereby proposed to be amended is limited in application to the smallest regional production area which is practicable, consistent with carrying out the declared policy of the Act, and the issuance of several marketing orders applicable to subdivisions of the production area would not effectively carry out the declared policy of the Act; 4. Marketing Order 959 as hereby proposed to be amended prescribes, insofar as practicable, such different terms applicable to different parts of the production area as are necessary to give due recognition to the differences in the production and marketing of onions produced or packed in the production area; and 5. All handling of onions produced or packed in the production area as defined in Marketing Order 959 is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce. A 60-day comment period is provided to allow interested persons to respond to this proposal. Any comments received on the amendment proposed in this proposed rule will be analyzed, and if AMS determines to proceed based on all the information presented, a producer referendum would be conducted to determine producer support for the proposed amendment. If appropriate, a final rule would then be issued to effectuate the amendment favored by producers participating in the referendum. List of Subjects in 7 CFR Part 959 Onions, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 959 is proposed to be amended as follows: PART 959--ONIONS GROWN IN SOUTH TEXAS 0 1. The authority citation for 7 CFR part 959 continues to read as follows: Authority: 7 U.S.C. 601-674. 0 2. Revise 925.22 to read as follows: Sec. 925.22 Establishment and membership. The South Texas Onion Committee, consisting of thirteen members, eight of whom shall be producers and five of whom shall be handlers, is hereby established. For each member of the Committee there shall be an alternate. Producer members and alternates shall not have a proprietary interest in or be employees of a handler organization. 0 3. Revise 959.24 to read as follows: Sec. 959.24 Districts. To determine a basis for selecting Committee members, the following districts of the production area are hereby established: District No. 1: (Coastal Bend-Lower Valley) The Counties of Victoria, Calhoun, Goliad, Refugio, Bee, Live Oak, San Patricio, Aransas, Jim Wells, Nueces, Kleberg, Brooks, Kenedy, Duval, McMullen, Cameron, Hidalgo, Starr, and Willacy in the State of Texas. District No. 2: (Laredo-Winter Garden) The Counties of Zapata, Webb, Jim Hogg De Witt, Wilson, Atascosa, Karnes Val Verde, Frio, Kinney, Uvalde, Medina, Maverick, Zavala, Dimmit, and La Salle in the State of Texas. 0 4. Revise 959.26 to read as follows: Sec. 959.26 Selection. The Secretary shall select members and respective alternates from districts established pursuant to Sec. 959.24 or Sec. 959.25. Selections shall be as follows: District No. 1: five producer members and alternates; three handler members and alternates. District No. 2: three producer members and alternates; two handler members and alternates. 0 5. Revise 959.32 paragraph (a) to read as follows: Sec. 959.32 Procedure. (a) Nine members of the Committee shall be necessary to constitute a quorum. Seven concurring votes, or two-thirds of the votes cast, whichever is greater, shall be required to pass any motion or approve any Committee action. At assembled meetings all votes shall be cast in person. * * * * * Sec. Sec. 959.110 and 959.111 [Removed and Reserved] 0 6. Remove and reserve Sec. Sec. 959.110 and 959.111. Dated: February 23, 2018. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2018-04076 Filed 2-28-18; 8:45 am] BILLING CODE 3410-02-P
![8804 Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Proposed Rules
industry. The Committee ultimately information technologies to provide Dated: February 22, 2018.
determined that 2018 expenditures of increased opportunities for citizen Bruce Summers,
$119,000 were appropriate, and the access to Government information and Acting Administrator, Agricultural Marketing
recommended assessment rate and the services, and for other purposes. Service.
use of $25,000 from the carry-over USDA has not identified any relevant [FR Doc. 2018–04010 Filed 2–28–18; 8:45 am]
financial reserves would provide Federal rules that duplicate, overlap, or BILLING CODE 3410–02–P
sufficient revenue to meet its expenses. conflict with this action.
A review of historical crop and price
A small business guide on complying
information, as well as preliminary DEPARTMENT OF AGRICULTURE
information pertaining to the upcoming with fruit, vegetable, and specialty crop
fiscal period, indicates that the shipping marketing agreements and orders may Agricultural Marketing Service
point price for the 2017 season averaged be viewed at: http://www.ams.usda.gov/
about $21.62 per 18-pound lug of rules-regulations/moa/small-businesses. 7 CFR Part 959
California desert grapes handled. If the Any questions about the compliance
guide should be sent to Richard Lower [AMS–SC–17–0067; SC17–959–4]
2018 price is similar to the 2017 price,
estimated assessment revenue as a at the previously-mentioned address in
the FOR FURTHER INFORMATION CONTACT Onions Grown in South Texas;
percentage of total estimated handler Proposed Amendment to Marketing
revenue would be 0.09 percent for the section.
Order 959
2018 season ($0.020 divided by $21.62 A 30-day comment period is provided
per 18-pound lug). to allow interested persons to respond AGENCY: Agricultural Marketing Service,
This action would decrease the to this proposed rule. All written USDA.
assessment obligation imposed on comments timely received will be ACTION: Proposed rule.
handlers. Assessments are applied considered before a final determination
uniformly on all handlers, and some of is made on this rule. SUMMARY: This proposed rule invites
the costs may be passed on to comments on a proposed amendment to
List of Subjects in 7 CFR Part 925
producers. However, decreasing the Marketing Order No. 959, which
assessment rate would reduce the Grapes, Marketing agreements, regulates the handling of onions grown
burden on handlers, and may reduce the Reporting and recordkeeping in south Texas. The proposed
burden on producers. In addition, the requirements. amendment would reduce the size of
Committee’s meeting was widely the South Texas Onion Committee
For the reasons set forth in the
publicized throughout the production (Committee) and make conforming and
area. The grape industry and all preamble, 7 CFR part 925 is proposed to
clarifying amendments as needed. The
interested persons were invited to be amended as follows:
amendment would adjust the number of
attend the meeting and participate in PART 925—GRAPES GROWN IN A handlers and producers on the
Committee deliberations on all issues. DESIGNATED AREA OF Committee to reflect a decrease in the
Like all Committee meetings, the SOUTHEASTERN CALIFORNIA number of onion producers and
November 30, 2017, meeting was a handlers in recent years.
public meeting and all entities, both ■ 1. The authority citation for part 925 DATES: Comments must be received by
large and small, were able to express continues to read as follows: April 30, 2018.
views on this issue. Finally, interested
Authority: 7 U.S.C. 601–674. ADDRESSES: Interested persons are
persons are invited to submit comments
on this proposed rule, including the invited to submit written comments
■ 2. Sections 925.1 through 925.69 are concerning this proposed rule.
regulatory and information collection designated as subpart A under a heading
impacts of this action on small Comments must be sent to the Docket
to read as follows: Clerk, Marketing Order and Agreement
businesses.
In accordance with the Paperwork Division, Specialty Crops Program,
Subpart A—Order Regulating Handling AMS, USDA, 1400 Independence
Reduction Act of 1995, (44 U.S.C. [Subpart Redesignated as Subpart B
Chapter 35), the Order’s information Avenue SW, STOP 0237, Washington,
and Amended] DC 20250–0237; Fax: (202) 720–8938; or
collection requirements have been
previously approved by OMB and ■ 3. Redesignate ‘‘Subpart—Rules and internet: http://www.regulations.gov. All
assigned OMB No. 0581–0189. No Regulations’’ as subpart B and revise the comments should reference the
changes in those requirements are heading to read as follows: document number and the date and
necessary as a result of this action. page number of this issue of the Federal
Should any changes become necessary, Subpart B—Administrative Register and will be made available for
they would be submitted to OMB for Requirements [Subpart Redesignated public inspection in the Office of the
approval. as Subpart C] Docket Clerk during regular business
This proposed rule would impose no hours, or can be viewed at: http://
additional reporting or recordkeeping ■ 4. Redesignate ‘‘Subpart—Assessment www.regulations.gov. All comments
requirements on either small or large Rates’’ as ‘‘Subpart C Assessment submitted in response to this proposed
southeastern California grape handlers. Rates’’. rule will be included in the record and
As with all Federal marketing order ■ 5. Section 925.215 is revised to read will be made available to the public.
Please be advised that the identity of the
amozie on DSK30RV082PROD with PROPOSALS
programs, reports and forms are as follows:
periodically reviewed to reduce individuals or entities submitting the
§ 925.215 Assessment rate. comments will be made public on the
information requirements and
duplication by industry and public On and after January 1, 2018, an internet at the address provided above.
sector agencies. assessment rate of $0.020 per 18-pound FOR FURTHER INFORMATION CONTACT:
AMS is committed to complying with lug is established for grapes grown in a Geronimo Quinones, Marketing
the E-Government Act, to promote the designated area of southeastern Specialist, or Julie Santoboni,
use of the internet and other California. Rulemaking Branch Chief, Marketing
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![Federal Register / Vol. 83, No. 41 / Thursday, March 1, 2018 / Proposed Rules 8807
handling of onions grown in South Producer members and alternates shall DEPARTMENT OF TRANSPORTATION
Texas and is applicable only to persons not have a proprietary interest in or be
in the respective classes of commercial employees of a handler organization. Federal Aviation Administration
and industrial activity specified in the ■ 3. Revise 959.24 to read as follows:
Marketing Order; 14 CFR Part 39
3. Marketing Order 959 as hereby § 959.24 Districts. [Docket No. FAA–2018–0117; Product
proposed to be amended is limited in Identifier 2017–NM–104–AD]
application to the smallest regional To determine a basis for selecting
production area which is practicable, Committee members, the following RIN 2120–AA64
consistent with carrying out the districts of the production area are
hereby established: Airworthiness Directives; Dassault
declared policy of the Act, and the
Aviation Airplanes
issuance of several marketing orders District No. 1: (Coastal Bend-Lower
applicable to subdivisions of the Valley) The Counties of Victoria, AGENCY: Federal Aviation
production area would not effectively Calhoun, Goliad, Refugio, Bee, Live Administration (FAA), DOT.
carry out the declared policy of the Act; Oak, San Patricio, Aransas, Jim Wells, ACTION: Notice of proposed rulemaking
4. Marketing Order 959 as hereby Nueces, Kleberg, Brooks, Kenedy, (NPRM).
proposed to be amended prescribes, Duval, McMullen, Cameron, Hidalgo,
insofar as practicable, such different Starr, and Willacy in the State of Texas. SUMMARY: We propose to supersede
terms applicable to different parts of the Airworthiness Directive (AD) 2017–01–
production area as are necessary to give District No. 2: (Laredo-Winter Garden) 07, which applies to all Dassault
due recognition to the differences in the The Counties of Zapata, Webb, Jim Hogg Aviation Model FAN JET FALCON
production and marketing of onions De Witt, Wilson, Atascosa, Karnes Val airplanes, FAN JET FALCON SERIES C,
produced or packed in the production Verde, Frio, Kinney, Uvalde, Medina, D, E, F, and G airplanes; Model
area; and Maverick, Zavala, Dimmit, and La Salle MYSTERE–FALCON 200 airplanes;
5. All handling of onions produced or in the State of Texas. Model MYSTERE–FALCON 20–C5, 20–
packed in the production area as ■ 4. Revise 959.26 to read as follows: D5, 20–E5, and 20–F5 airplanes; and
defined in Marketing Order 959 is in the MYSTERE–FALCON 50 airplanes. AD
current of interstate or foreign § 959.26 Selection. 2017–01–07 requires a functional test or
commerce or directly burdens, The Secretary shall select members check of the main entry door closure
obstructs, or affects such commerce. and respective alternates from districts and warning system, and applicable
A 60-day comment period is provided door closing inspections, adjustments,
established pursuant to § 959.24 or
to allow interested persons to respond operational tests, and corrective actions
§ 959.25. Selections shall be as follows:
to this proposal. Any comments if necessary. Since we issued AD 2017–
received on the amendment proposed in District No. 1: five producer members 01–07, we have determined that the
this proposed rule will be analyzed, and and alternates; three handler members required actions must be repetitively
if AMS determines to proceed based on and alternates. performed to ensure continued safety.
all the information presented, a District No. 2: three producer This proposed AD would require
producer referendum would be members and alternates; two handler repetitive door closing inspections,
conducted to determine producer members and alternates. adjustments, operational tests, and
support for the proposed amendment. If corrective actions if necessary. We are
■ 5. Revise 959.32 paragraph (a) to read
appropriate, a final rule would then be proposing this AD to address the unsafe
issued to effectuate the amendment as follows: condition on these products.
favored by producers participating in § 959.32 Procedure. DATES: We must receive comments on
the referendum. this proposed AD by April 16, 2018.
(a) Nine members of the Committee
List of Subjects in 7 CFR Part 959 ADDRESSES: You may send comments,
shall be necessary to constitute a
using the procedures found in 14 CFR
Onions, Marketing agreements, quorum. Seven concurring votes, or 11.43 and 11.45, by any of the following
Reporting and recordkeeping two-thirds of the votes cast, whichever methods:
requirements. is greater, shall be required to pass any • Federal eRulemaking Portal: Go to
For the reasons set forth in the motion or approve any Committee http://www.regulations.gov. Follow the
preamble, 7 CFR part 959 is proposed to action. At assembled meetings all votes instructions for submitting comments.
be amended as follows: shall be cast in person. • Fax: 202–493–2251.
* * * * * • Mail: U.S. Department of
PART 959—ONIONS GROWN IN Transportation, Docket Operations, M–
SOUTH TEXAS §§ 959.110 and 959.111 [Removed and 30, West Building Ground Floor, Room
Reserved] W12–140, 1200 New Jersey Avenue SE,
■ 1. The authority citation for 7 CFR
■ 6. Remove and reserve §§ 959.110 and Washington, DC 20590.
part 959 continues to read as follows:
959.111. • Hand Delivery: Deliver to Mail
Authority: 7 U.S.C. 601–674. address above between 9 a.m. and 5
Dated: February 23, 2018. p.m., Monday through Friday, except
■ 2. Revise 925.22 to read as follows:
amozie on DSK30RV082PROD with PROPOSALS
Bruce Summers, Federal holidays.
§ 925.22 Establishment and membership. Acting Administrator, Agricultural Marketing For service information identified in
The South Texas Onion Committee, Service. this NPRM, contact Dassault Falcon Jet
consisting of thirteen members, eight of [FR Doc. 2018–04076 Filed 2–28–18; 8:45 am] Corporation, Teterboro Airport, P.O.
whom shall be producers and five of BILLING CODE 3410–02–P
Box 2000, South Hackensack, NJ 07606;
whom shall be handlers, is hereby telephone: 201–440–6700; internet:
established. For each member of the http://www.dassaultfalcon.com. You
Committee there shall be an alternate. may view this referenced service
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Document Created: 2018-02-28 23:58:01
Document Modified: 2018-02-28 23:58:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by April 30, 2018. | |
| Contact | Geronimo Quinones, Marketing Specialist, or Julie Santoboni, Rulemaking Branch Chief, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected] | |
| FR Citation | 83 FR 8804 | |
| CFR Associated | Onions; Marketing Agreements and Reporting and Recordkeeping Requirements |
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