[Federal Register: June 20, 2002 (Volume 67, Number 119)]
[Rules and Regulations]               
[Page 41811-41816]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn02-3]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 955

[Docket No. FV02-955-1 IFR]

 
Vidalia Onions Grown in Georgia; Revision of Reporting and 
Assessment Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule revises the reporting and assessment requirements 
under the marketing order for Vidalia onions grown in Georgia (order). 
The order regulates the handling of Vidalia onions grown in Georgia, 
and is administered locally by the Vidalia Onion Committee (Committee). 
This rule changes the provisions requiring handlers to file shipment 
reports from monthly reporting to weekly reporting and expands the 
information collected. It also changes when assessments are due and how 
delinquent assessments are handled. This rule will provide the industry 
with more accurate and timely shipment and supply and facilitate the 
collection of assessments.

DATES: Effective July 1, 2002; comments received by August 19, 2002, 
will be considered prior to issuance of a final rule. Pursuant to the 
Paperwork

[[Page 41812]]

Reduction Act, comments on the information collection burden must be 
received by August 19, 2002.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. 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 E-mail: moab.docketclerk@usda.gov. 
All comments should reference the docket 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.ams.usda.gov/fv/
moab.html.

FOR FURTHER INFORMATION CONTACT: William Pimental, Southeast Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 799 Overlook Drive, Suite A, Winter 
Haven, FL 33884-1671; telephone: (863) 324-3375, Fax: (863) 325-8793; 
or George Kelhart, Technical Advisor, 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.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone: (202) 720-
2491, Fax: (202) 720-8938, or E-mail: Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 955, both as amended (7 CFR part 955), 
regulating the handling of Vidalia onions grown in Georgia, 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 rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. A 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    This rule revises the reporting and assessment requirements 
prescribed under the order. This rule changes the provisions requiring 
monthly shipment reporting to weekly reporting. It also changes when 
assessments are due and how delinquent assessments are handled. This 
rule will provide the industry with more accurate and timely shipment 
and supply information and facilitate assessment collection. The 
Committee unanimously recommended these changes at a meeting held on 
December 6, 2001.
    Section 955.60 of the order provides authority for the Committee to 
require handlers to file reports and provide other information as may 
be necessary for the Committee to perform its duties. Section 955.101 
of the regulations provides the requisite reporting requirements. Prior 
to this action, handlers were required to file monthly reports 
including the name and address of the handler, the period covered in 
the report, the total Vidalia onions received by the handler, and the 
handler's total fresh market shipments.
    Section 955.42 provides the authority for the formulation of an 
annual budget of expenses and the collection of assessments from 
handlers to administer the order. Section 955.42(f) provides the 
authority to impose a late payment charge or an interest charge or 
both, on any handler who fails to pay assessments in a timely manner 
and the authority to establish the time and rate of such charges. 
Section 955.142 of the rules and regulations outlines the procedures 
for applying interest charges to delinquent assessments.
    This rule revises Sec. 955.101 so that it requires handlers to file 
shipping reports on a weekly basis rather than monthly and increases 
the information collected. This rule also revises Sec. 955.142, 
specifying when assessments are due and adjusting the way interest is 
applied to delinquent assessments.
    Prior to this rule, Sec. 955.101 required handlers to provide the 
Committee with information regarding the volume of Vidalia onions they 
received and shipped during each month of the shipping season. The 
shipping reports were to be filed no later than seven days after the 
end of each shipping month. The Committee provided a form to assist 
handlers with supplying the required shipping information. The main 
fresh shipping season for Vidalia onions generally runs from April 
through June. However, over the past 10 years, the industry has 
developed and refined Controlled Atmosphere (CA) storage, allowing 
Vidalia onions to be shipped throughout the year.
    When the reporting requirement was originally implemented following 
the promulgation of the order in 1990, the Committee believed the best 
method for obtaining shipment data was by requiring handlers to report 
their volume of fresh market shipments at the end of each week. 
However, after the order had been in operation for a few seasons, the 
Committee found that many handlers considered weekly reporting too 
cumbersome. In the early 1990's, many Vidalia onion growers and 
handlers were small family operations. These operations did not pack 
large quantities or only packed for a limited time. Assessments owed 
were relatively small, and the industry found weekly reporting 
unnecessary and burdensome. Consequently, the Committee recommended a 
change to monthly reporting in 1993 (January 13, 1994, 59 FR 1896).
    In the early years of the order, if a handler missed a report and 
owed assessments for a short period of time, it did not create a 
significant problem. The entities were small and the volumes shipped 
and the assessment amounts owed were often minimal. However, the 
Vidalia onion industry has grown from approximately 3,700 acres in 
1989, to approximately 15,000 acres in 2001, producing a much larger 
volume of Vidalia onions. With advances in farming technology and 
changes in farm size, many smaller entities became part of larger 
enterprises or sell their onions to large handling operations rather 
than handle the onions themselves. These large operations can pack a 
considerable volume of Vidalia onions in a short amount of time. Under 
monthly reporting, the volumes shipped and assessments owed by a single 
handler can now be significant.
    The Committee uses the information in the shipment reports to 
improve

[[Page 41813]]

decision-making and program administration with regards to marketing 
research, market development, and promotional activities. The more 
accurate the information obtained from handlers, the more precise the 
Committee can be in adjusting its marketing research and promotion 
efforts. The shipment information is also provided to the industry on a 
composite basis to aid growers and handlers in planning their 
individual operations and in making marketing decisions during the 
season.
    The reports are also used by the Committee to calculate the 
assessments owed by each handler. These reports are the Committee's 
best source for industry shipping data. Because these reports are so 
closely tied to industry information and assessment collection, it is 
imperative that the reports be both timely and accurate. Timely reports 
translate into information that is more exact and current and helps 
expedite the collection of assessments. However, the Committee has been 
experiencing problems receiving timely reports from some handlers. With 
handling operations increasing in size, delays in receiving reports are 
magnifying the industry's information and assessment collection 
problems because of the volume shipped and assessments owed.
    With handlers failing to file reports in a timely manner, the 
composite reports the Committee issues on this shipping data are 
compromised. Delayed reporting has made available industry information 
inaccurate. In some years, the Committee has not had accurate monthly 
pack-out figures until the end of the season. Consequently, Committee 
reports based on this data has limited value to the industry. In 
addition, in this time of rapidly changing markets, monthly reports 
offer handlers little insight into current market conditions. Because 
of these things, there is no reliable information regarding the amount 
of Vidalia onions in the current channels of commerce. Without good 
information regarding the supply of Vidalia onions available in the 
market, the pipelines become full, driving down prices.
    Delayed reporting has also effected assessment collection. The 
Committee needs accurate and timely reporting to calculate and collect 
assessments due. Late reporting can lead to late assessment payments 
and corresponding interest charges on these late payments. If the 
handler has a small operation, this problem has little impact on the 
overall Committee budget. However, with the size of handler operations 
increasing, a larger handler can affect the Committee's cash flow and 
budget by falling behind in its reporting and with the corresponding 
assessment payments. This could force the Committee to delay, reduce, 
or eliminate projects due to lack of financial resources. The Committee 
does have the authority to go to lending institutions for operating 
capital, but would prefer not to incur debt or the accompanying 
interest expense. Thus, it is important that reports and assessments be 
forwarded in a timely manner.
    To address these problems, the Committee voted unanimously to 
change the reporting requirement from monthly reporting to weekly 
reporting. Under this change, the shipping week is defined as Monday 
through Sunday. Reports for each shipping week are due no later than 
4:00 p.m. on Tuesday of the following week. Handlers are required to 
file reports for each season, with each new season beginning January 1. 
Handlers begin reporting the first week of the season in which they 
have shipments. In weeks when no shipments are made the handler is 
still required to file a report indicating that they had zero 
shipments. This continues until the handler files a final report for 
the season. The reporting form provided by the Committee has a space 
for the handler to indicate when they are filing their final report.
    The Committee believes this change will reduce the problems with 
late reporting and delinquent assessments. This change gives Committee 
staff an earlier indication of potential problems. By identifying these 
potential problems sooner, the Committee staff can address them in a 
shorter period than under the monthly reporting requirement and before 
the volumes and assessments due grow to significant amounts.
    Weekly reporting compresses the reporting window and helps 
accelerate the compliance process. Identifying handlers that are not 
reporting can now be measured in weeks rather than months. With weekly 
reporting, the Committee's compliance officer will have a better 
indication of which operating handlers are filing timely reports and 
concentrate compliance efforts on non-reporting handlers. A quicker 
response to potential compliance problems should help reduce reporting 
delays. Therefore, this change will improve industry reporting and help 
the Committee staff more accurately track industry shipments.
    The Committee believes weekly reporting will also improve the 
accuracy and benefits of their composite reports. Handlers will receive 
more accurate information regarding industry shipments and in a 
timelier manner. With a shipping week of Monday through Sunday, 
handlers will be required to file reports no later than 4 p.m. on 
Tuesday following the week shipments were made. The Committee will 
assemble composite reports by Wednesday and distribute them to 
handlers. Consequently, handlers will have information on shipments and 
the supply of onions on the market on a timelier basis.
    Having weekly shipping data provides a clearer picture of market 
conditions and affords better information regarding the balance of 
supply and demand. This is expected to help handlers better address 
market swings, reduce market gluts, and increase grower returns.
    Because reporting and assessments are tied closely, the Committee 
believes this change will also help expedite the collection of 
assessments. Reducing the volume of delayed reporting will provide the 
Committee with better, timelier information on which to determine 
assessments due. As with the filing of reports, the Committee staff 
will have an earlier indication under weekly reporting of those 
handlers that are not paying their assessments in a timely manner. 
Again, the earlier a problem can be identified, the quicker it can be 
addressed and compliance and collection efforts can be started.
    Timely reports are important for both accurate reports and 
assessment collection. Therefore, the Committee recommended that the 
shipment reporting requirement in Sec. 955.101 be changed from monthly 
reporting to weekly reporting. This increases the handler reporting 
from 27 hours to 136 hours. The 109 hour increase results from the 
increase in handler reporting frequency from the current 3 responses to 
15 responses per handler at 5 minutes per response. The total burden of 
136 hours is calculated by multiplying the number of handlers (109) by 
the number of minutes per response (5 minutes) by the number of 
responses per handler (15 responses).
    In addition, this rule revises Sec. 955.101 to add information 
currently being reported by handlers but not specified in the 
provisions. Under the revised provisions, handlers will report their 
name and address, the period covered by the report, the total onions 
received by the handler, the total fresh market onions shipped, as well 
as the amount of shipments from their own acreage, their total 
assessments due, the amount of onions sold, the volume of onions packed 
under contract for another handler and the handler name(s), onions sold 
to another handler, and information on onions placed in Controlled 
Atmosphere storage. These

[[Page 41814]]

provision changes do not affect the handler reporting burden.
    This rule also revises the rules and regulations regarding the 
handling of delinquent assessments. Section 955.142 had stated that 
each handler must pay interest charges of 1 percent per month on any 
unpaid assessments levied, and on any accrued unpaid interest beginning 
thirty days after the date of billing, until the delinquent handler's 
assessment plus applicable interest had been paid in full. This rule 
changes this section by specifying when assessments are due from 
handlers and by adjusting the way interest is applied to delinquent 
assessments.
    Under the current requirements, a handler reported shipments at the 
end of each month. The handler could then request to be billed for the 
assessments due on those shipments reported. The handler could further 
delay payment by holding the bill until the Committee sent a follow-up 
letter. This has created budgeting problems and angered those handlers 
paying on time.
    To make the collection of assessments easier, timelier, and more 
cost-effective, the Committee voted to revise Sec. 955.142 by making 
assessments due at the time when the handler's shipping volume is 
required to be reported. With the change to weekly reporting, 
assessments will be paid on a weekly basis for each week of shipments. 
Assessments are now due no later than 4:00 p.m. on Tuesday for those 
shipments made the previous week (Monday through Sunday). The option to 
request billing for assessments will no longer be available.
    This change makes it easier to collect assessments. It is no longer 
necessary to keep track of who has paid, and who needs to be billed. 
Each handler's assessments are collected the same way and are due at 
the same time. With this change, the Committee also receives its money 
in a timelier manner. Rather than having to submit a bill and wait for 
payment, payment is due immediately on the date when the weekly 
shipments are required to be reported. This change also saves the 
Committee money by reducing mailing costs associated with having to 
bill handlers for assessments.
    This change also improves the Committee's cash flow. Rather than 
lump sum payments at the end of the season or large monthly 
collections, assessment income will be received each week of the 
shipping season.
    Therefore, the Committee voted that Sec. 955.142 be changed so 
assessments are due not later than 4 p.m. on the Tuesday immediately 
following the week in which the shipments were made, at the same time 
weekly reports are due.
    Finally, this rule further revises Sec. 955.142 by adjusting the 
way interest charges are applied to delinquent assessments. Previously, 
Sec. 955.142 specified that handlers must pay interest of 1 percent per 
month on any unpaid assessments and on any accrued unpaid interest 
beginning thirty days after the date of billing. The Committee 
recommended changing this language so that interest accrues at 1 
percent per week on any unpaid assessments and any accrued unpaid 
interest beginning with the day the assessments were due until the 
delinquent handler's assessment plus applicable interest has been paid 
in full. Consequently, interest will begin accruing on delinquent 
assessments on the Wednesday immediately following the Tuesday when the 
assessments were due.
    The Committee also voted to increase the interest charged to 
encourage handlers to pay on time. In the past, some handlers have 
waited until the end of the season to pay their assessments, in a way, 
forcing the Committee to basically loan them the assessment money.
    This change provides more incentive for handlers to pay in a timely 
manner. The additional interest charge also will help compensate the 
Committee for the extra effort and expenditures required to collect the 
late assessments. This change is expected to improve assessment 
collection, provide more timely payments, reduce compliance costs, and 
reduce the need for the Committee to borrow operating funds.
    The Committee has been looking for ways to improve the timeliness 
of reports and the payment of assessments. The Committee believes these 
changes help address these issues.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this action on small entities. Accordingly, AMS has 
prepared this 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. Thus, both statutes have small 
entity orientation and compatibility.
    There are approximately 133 producers of Vidalia onions in the 
production area and approximately 109 handlers subject to regulation 
under the marketing order. Small agricultural producers are defined by 
the Small Business Administration (13 CFR 121.201) as those having 
annual receipts less than $750,000, and small agricultural service 
firms, which include handlers, are defined as those whose annual 
receipts are less than $5,000,000.
    Based on the Georgia Agricultural Statistical Service and Committee 
data, the average annual grower price for fresh Vidalia onions during 
the 2001 season was $13.75 per 50-pound bag. Total Vidalia onions 
shipments for the 2001 season were around 3,592,200 50-pound bags. 
Using available data, about 97 percent of Vidalia onion handlers could 
be considered small businesses under the SBA definition. In addition, 
based on acreage, production, grower prices as reported by the National 
Agricultural Statistics Service, and the total number of Vidalia onion 
growers, the average annual grower revenue is below $750,000. In view 
of the foregoing, it can be concluded that the majority of handlers and 
producers of Vidalia onions may be classified as small entities.
    The Committee has not been receiving timely reports from some 
handlers. With handling operations increasing in size, this has had a 
negative impact on both industry information and assessment collection 
because the quantities shipped and assessments owed by some delinquent 
handlers is significant. This rule revises Sec. 955.101 to require 
handlers to file shipping reports on a weekly basis rather than monthly 
and increases the information requested. This rule also revises 
Sec. 955.142, specifying when assessments are due and adjusting the way 
interest is applied to delinquent assessments. By identifying problems 
sooner, they can be addressed in a shorter period than under monthly 
reporting and before the volumes and assessments due grow to 
significant amounts. This rule also encourages handlers to report and 
pay their required assessments in a timely manner to avoid increased 
interest charges and other compliance activities. These changes will 
help reduce the problems with late reporting and assessment collection 
and provide more accurate information on shipments and supply. 
Authority for these actions is provided in Secs. 955.42 and 955.60 of 
the order. The Committee unanimously recommended these changes at a 
December 6, 2001, meeting.
    Requiring handlers to file shipping reports on a weekly basis 
imposes an additional reporting burden on both small and large 
handlers. Total

[[Page 41815]]

reporting requirements per handler for monthly reporting totaled 15 
minutes per handler (5 minutes per response times three responses per 
handler annually). This resulted in a total annual burden of about 27 
hours (5 minutes per response times 3 responses times 109 handlers). 
Requiring handlers to report weekly, increases the annual burden by 
1.25 hours per handler, for a total burden of 136 hours (5 minutes per 
response times 15 responses per handler times 109 handlers). Thus, the 
total annual burden for handlers is increased by 109 hours (136 total 
burden hours minus 27 total burden hours). Although this action places 
an additional burden on handlers of Vidalia onions, the benefits of 
having the additional and timely information regarding onion shipments 
is expected to outweigh the increase in reporting burden.
    With weekly reporting, the Committee will have more accurate and 
timely information regarding industry shipments. Having this 
information and the resulting reports will help both the Committee and 
the industry make better decisions. Because the additional reporting 
will be required from all handlers regardless of size, the increased 
burden will be equitably distributed to all handlers.
    This rule offers the potential for cost savings. Under this change, 
the Committee and the industry will have access to more current 
information. The Committee will be able to use this data when 
considering marketing research and promotion funding and activities. 
The industry can use the information to improve marketing decisions. 
Having access to information that is more current should help the 
industry balance supply with demand, thus reducing periods of 
oversupply and price variations. Even the slightest increase in price 
would more than compensate for any costs related to these changes.
    These changes also are expected to reduce assessment collection 
costs for the Committee. By removing the option to be billed for 
assessments, the Committee is saving both employee time and postage. 
This rule may also lower compliance costs for the Committee. By 
reducing the number of handlers that are reporting late, the Committee 
will cut costs associated with identifying these handlers. This should 
decrease the overall number of compliance cases.
    In addition, increasing the interest applied to late assessments 
will help curtail the volume of delinquent assessments. Such a 
reduction also will ease staff and mailing costs directed toward 
collecting past due assessments.
    This rule will have a positive impact on affected entities. The 
changes were recommended to improve available industry information, 
facilitate assessment collection, and to reduce costs. The availability 
of more timely and accurate industry information will benefit both 
large and small handling operations. The changes this rule makes in 
terms of assessment collection mean that all handlers will be assessed 
the same way, with their assessments due at the same time. The 
reduction in Committee costs is also expected to benefit all handlers 
regardless of their size. Consequently, the opportunities in benefits 
of this rule are expected to be equally available to all.
    An alternative to the actions recommended by the Committee was 
considered prior to making the final recommendations. The alternative 
considered was implementing a mandatory inspection program under the 
marketing order. However, the Committee recognized this alternative 
would require amending the order and take further time to implement. 
While not ruling out this alternative in terms of future action, the 
Committee believed the recommended actions give them a more timely 
solution while they consider other alternatives.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap or conflict with this proposed rule. 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.
    The Committee's meeting was widely publicized throughout the 
Vidalia 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 December 6, 2001, 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 information on the regulatory and informational impacts of these 
actions on small businesses.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http:/
/www.ams.usda.gov/fv/moab.html. Any questions about the compliance 
guide should be sent to Jay Guerber at the previously mentioned address 
in the FOR FURTHER INFORMATION CONTACT section.
    This action requires an additional collection of information. These 
information collection requirements are discussed in the following 
section.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), this notice announces that AMS has received emergency 
approval for a new information collection request for Vidalia Onions 
Grown in Georgia, Marketing Order No. 955. The emergency request was 
necessary because insufficient time was available to follow normal 
clearance procedures. This collection will be merged with the forms 
currently approved for use under OMB No. 0581-0178 ``Vegetable and 
Specialty Crops'', and will replace the existing FV-181 ``Vidalia Onion 
Handler Report Form''.
    Title: Vidalia Onions Grown in Georgia, Marketing Order No. 955.
    OMB Number: 0581-NEW.
    Type of Request: New collection.
    Abstract: The information collection requirements in this request 
are essential to carry out the intent of the Act, to provide the 
respondents the type of service they request, and to administer the 
Vidalia onion marketing order program, which has been operating since 
1990.
    On December 6, 2001, the Committee unanimously recommended revising 
the order's administrative rules and regulations to require handlers to 
report to the Committee information on Vidalia onion shipments on a 
weekly rather than monthly basis. This information will be reported on 
a Form FV-181, Vidalia Onion Handler Report Form. This report is used 
by handlers to inform the Committee of their weekly receipts and 
shipments of onions during the season, assessments due, and other 
information. The estimated increase in burden due to the increased 
reporting frequency is one hour per handler, with a total increased 
burden estimated at 109 hours.
    The weekly reports are needed so the Committee can collect 
information on Vidalia onion shipments on a weekly basis during the 
season. The Committee will evaluate this information and determine 
whether a handler is in compliance with order regulations. These 
reports will ensure compliance with the regulations and assist the 
Committee and the USDA with oversight and planning.
    The information collected is used only by authorized 
representatives of USDA, including AMS, Fruit and Vegetable Programs 
regional and headquarters staff, and authorized Committee employees. 
Authorized Committee employees will be the primary users of the 
information and AMS is the secondary user.

[[Page 41816]]

    The request for approval of the revised information collection 
under the order is as follows:

Form FV-181, Vidalia Onion Handler Report

    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 5 minutes per response.
    Respondents: Handlers who acquire and/or ship Vidalia onions during 
the season.
    Estimated Number of Respondents: 109.
    Estimated Number of Responses per Respondent: 15.
    Estimated Total Annual Burden on Respondents: 136 hours.
    Comments: Comments are invited on: (1) Whether the collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
collection of information, including the validity of the methodology 
and assumptions used; (3) ways to enhance the quality, utility, and 
clarity of the information to be collected; and (4) ways to minimize 
the burden of the collection of information on those who are to 
respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    Comments should reference OMB No. 0581-NEW and the Vidalia onion 
marketing order, and be sent to USDA in care of the Docket Clerk at the 
previously mentioned address. All comments received will be available 
for public inspection during regular business hours at the same 
address.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will become a matter of public 
record. As mentioned before, because there was insufficient time for a 
normal clearance procedure and prompt implementation is needed, AMS has 
obtained emergency approval from OMB for the use of the revised form 
for the season. This collection will be merged with the forms currently 
approved for use under OMB No. 0581-0178 ``Vegetable and Specialty 
Crops'', and will replace the existing FV-181, Vidalia Onion Handler 
Report Form. 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.
    In addition to the change in the information collection burden, 
this rule revises the provisions requiring handlers to file shipment 
reports from monthly reporting to weekly reporting. It also changes 
when assessments are due and how delinquent assessments are handled. 
Any comments received will be considered prior to finalization of this 
rule.
    After consideration of all relevant material presented, including 
the Committee's recommendation, and other information, it is found that 
this interim final rule, as hereinafter set forth, will tend to 
effectuate the declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect and good cause exists for not postponing the effective date of 
this rule until 30 days after publication in the Federal Register. This 
rule should be in place as early as possible in the current season 
which began April 1. Also, these issues have been widely discussed at 
industry meetings, and the Committee has kept the industry well 
informed. Further, handlers are aware of this rule, which was 
recommended at public meetings. Also, this rule provides a 60-day 
comment period and any comments received will be considered prior to 
finalization of this rule.

List of Subjects in 7 CFR Part 955

    Onions, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 955 is 
amended as follows:

PART 955--VIDALIA ONIONS GROWN IN GEORGIA

    1. The authority citation for 7 CFR part 955 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Section 955.101 and the section heading are revised to read as 
follows:


Sec. 955.101  Vidalia Onion Handler Report.

    (a) Each handler shall furnish shipping reports with the Vidalia 
Onion Committee on a weekly basis. Such reports shall be made on forms 
provided by the Committee and shall include: (1) The name and address 
of the handler; (2) weekly period covered by the report; (3) total 
quantity of Vidalia onions received; (4) total fresh market shipments 
of Vidalia onions; (5) shipment volume coming from acreage owned by the 
handler; (6) total assessments owed; (7) volume of onions packed under 
contract for another handler and those handler names; (8) onions sold 
to another handler; and (9) information on onions placed in Controlled 
Atmosphere storage.
    (b) Handlers shall file reports each fiscal period beginning the 
first week they make shipments and shall continue filing reports until 
they submit a final report for the season. Each such report shall be 
filed with the Committee not later than 4 p.m. on the Tuesday 
immediately following the shipping week. For the purpose of this 
section, the shipping week is defined as Monday through Sunday.

    3. Section 955.142 is revised to read as follows:


Sec. 955.142  Delinquent assessments.

    Each handler shall submit assessments to the Vidalia Onion 
Committee on a weekly basis for each week during the fiscal period in 
which they made shipments. Each such assessment shall be paid to the 
Committee not later than 4 p.m. on the Tuesday immediately following 
the week in which the shipments were made. Each handler shall pay 
interest of one percent per week on any unpaid assessments levied 
pursuant to Sec. 955.42 and on any accrued unpaid interest beginning 
the day immediately after the date the weekly assessments were due, 
until the delinquent handler's assessments plus applicable interest has 
been paid in full.

    Dated: June 14, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-15507 Filed 6-19-02; 8:45 am]
BILLING CODE 3410-02-P