Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2, 70244-70247 [E7-23839]
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Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Proposed Rules
(3) the expected general quality of such
cherry production; (4) the expected
carryover as of July 1 of canned and
frozen cherries and other cherry
products; (5) the expected demand
conditions for cherries in different
market segments; (6) supplies of
competing commodities; (7) an analysis
of economic factors having a bearing on
the marketing of cherries; (8) the
estimated tonnage held by handlers in
primary or secondary inventory
reserves; and (9) any estimated release
of primary or secondary inventory
reserve cherries during the crop year.
The Board’s review of the factors
resulted in the computation and
announcement in September 2007 of the
free and restricted percentages proposed
to be established by this rule (57 percent
free and 43 percent restricted).
One alternative to this action would
be not to have volume regulation this
season. Board members stated that no
volume regulation would be detrimental
to the tart cherry industry due to the
size of the 2007–2008 crop. Returns to
growers would not cover their costs of
production for this season which might
cause some to go out of business.
As mentioned earlier, the
Department’s ‘‘Guidelines for Fruit,
Vegetable, and Specialty Crop
Marketing Orders’’ specify that 110
percent of recent years’ sales should be
made available to primary markets each
season before recommendations for
volume regulation are approved. The
quantity available under this rule is 110
percent of the quantity shipped in the
prior three years.
The free and restricted percentages
established by this rule release the
optimum supply and apply uniformly to
all regulated handlers in the industry,
regardless of size. There are no known
additional costs incurred by small
handlers that are not incurred by large
handlers. The stabilizing effects of the
percentages impact all handlers
positively by helping them maintain
and expand markets, despite seasonal
supply fluctuations. Likewise, price
stability positively impacts all
producers by allowing them to better
anticipate the revenues their tart
cherries will generate.
While the benefits resulting from this
rulemaking are difficult to quantify, the
stabilizing effects of the volume
regulations impact both small and large
handlers positively by helping them
maintain markets even though tart
cherry supplies fluctuate widely from
season to season.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this regulation.
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In addition, the Board’s meeting was
widely publicized throughout the tart
cherry industry and all interested
persons were invited to attend the
meeting and participate in Board
deliberations on all issues. Like all
Board meetings, the September 6, 2007,
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 this action on
small businesses.
In compliance with Office of
Management and Budget (OMB)
regulations (5 CFR part 1320) which
implement the Paperwork Reduction
Act of 1995 (Pub. L. 104–13), the
information collection and
recordkeeping requirements under the
tart cherry marketing order have been
previously approved by OMB and
assigned OMB Number 0581–0177.
Reporting and recordkeeping burdens
are necessary for compliance purposes
and for developing statistical data for
maintenance of the program. The forms
require information which is readily
available from handler records and
which can be provided without data
processing equipment or trained
statistical staff. As with other, similar
marketing order programs, reports and
forms are periodically studied to reduce
or eliminate duplicate information
collection burdens by industry and
public sector agencies. This rule does
not change those requirements.
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.
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/
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.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. Thirty days is deemed
appropriate because this rule would
need to be in place as soon as possible
since handlers are already shipping tart
cherries from the 2007–2008 crop. All
written comments timely received will
be considered before a final
determination is made on this matter.
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List of Subjects in 7 CFR Part 930
Marketing agreements, Reporting and
recordkeeping requirements, Tart
cherries.
For the reasons set forth in the
preamble, 7 CFR part 930 is proposed to
be amended as follows:
PART 930—TART CHERRIES GROWN
IN THE STATES OF MICHIGAN, NEW
YORK, PENNSYLVANIA, OREGON,
UTAH, WASHINGTON, AND
WISCONSIN
1. The authority citation for 7 CFR
part 930 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Section 930.255 is added to read as
follows:
§ 930.256 Final free and restricted
percentages for the 2007–2008 crop year.
The final percentages for tart cherries
handled by handlers during the crop
year beginning on July 1, 2007, which
shall be free and restricted, respectively,
are designated as follows: Free
percentage, 57 percent and restricted
percentage, 43 percent.
Dated: December 5, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–23907 Filed 12–10–07; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 948
[Docket No. AMS–FV–07–0115; FV08–948–
1 PR]
Irish Potatoes Grown in Colorado;
Modification of the Handling
Regulation for Area No. 2
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: This rule invites comments
on a modification of the minimum size
requirements under the Colorado potato
marketing order, Area No. 2. The
marketing order regulates the handling
of Irish potatoes grown in Colorado, and
is administered locally by the Colorado
Potato Administrative Committee, Area
No. 2 (Committee). The minimum size
requirements for Area No. 2 potatoes
currently allow the handling of potatoes
that are at least 2 inches in diameter or
4 ounces minimum weight, except that
round potatoes may be of any weight,
and Russet Burbank, Russet Norkotah,
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Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Proposed Rules
and Silverton Russet varieties may be a
minimum of 17⁄8 inches in diameter or
4 ounces in weight. This rule would
remove the exception that Russet
Burbank, Russet Norkotah, and
Silverton Russet varieties may be 17⁄8
inches in diameter, thus requiring these
varieties to also meet the minimum
requirements of 2 inches in diameter or
4 ounces in weight. This change is
intended to facilitate the handling and
marketing of Colorado Area No. 2
potatoes.
DATES: Comments must be received by
December 26, 2007.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposal. Comments
must be sent to the Docket Clerk,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Fax: (202) 720–8938, or
Internet: https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
will be available for public inspection in
the Office of the Docket Clerk during
regular business hours, or can be viewed
at: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Teresa Hutchinson or Gary Olson,
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:
Teresa.Hutchinson@usda.gov or
GaryD.Olson@usda.gov.
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
proposal is issued under Marketing
Agreement No. 97 and Marketing Order
No. 948, both as amended (7 CFR part
948), regulating the handling of Irish
potatoes grown in Colorado, hereinafter
referred to as the ‘‘order.’’ The order is
effective under the Agricultural
Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601–674), hereinafter
referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This proposal has been reviewed
under Executive Order 12988, Civil
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Justice Reform. This rule is not intended
to have retroactive effect. This proposal
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 proposal invites comments on a
modification of the minimum size
requirements under the order. The
minimum size requirements for Area
No. 2 potatoes currently allow the
handling of potatoes that are at least 2
inches in diameter or 4 ounces
minimum weight, except that round
potatoes may be of any weight, and
Russet Burbank, Russet Norkotah, and
Silverton Russet varieties may be a
minimum of 17⁄8 inches in diameter or
4 ounces in weight. This rule would
remove the exception that Russet
Burbank, Russet Norkotah, and
Silverton Russet varieties may be 17⁄8
inches in diameter. This rule was
recommended by the Committee at a
meeting on August 16, 2007.
Section 948.22 authorizes the
issuance of grade, size, quality,
maturity, pack, and container
regulations for potatoes grown in the
production area. Section 948.21 further
authorizes the modification, suspension,
or termination of requirements issued
pursuant to § 948.22.
Section 948.40 provides that
whenever the handling of potatoes is
regulated pursuant to §§ 948.20 through
948.24, such potatoes must be inspected
by the Federal-State Inspection Service,
and certified as meeting the applicable
requirements of such regulations.
Under the order, the State of Colorado
is divided into three areas of regulation
for marketing order purposes. These
include: Area No. 1, commonly known
as the Western Slope, includes and
consists of the counties of Routt, Eagle,
Pitkin, Gunnison, Hinsdale, La Plata,
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and all counties west thereof; Area No.
2, commonly known as the San Luis
Valley, includes and consists of the
counties of Sanguache, Huerfano, Las
Animas, Mineral, Archuleta, and all
counties south thereof; and, Area No. 3
includes and consists of all the
remaining counties in the State of
Colorado which are not included in
Area No. 1 or Area No. 2. The order
currently regulates the handling of
potatoes grown in Areas No. 2 and No.
3 only; regulation for Area No. 1 is
currently not active.
Grade, size, and maturity regulations
specific to the handling of potatoes
grown in Area No. 2 are contained in
§ 948.386 of the order.
On August 16, 2001, the Committee
recommended increasing the minimum
size requirements from 17⁄8 inches to 2
inches in diameter or 4 ounces
minimum weight for all varieties of
potatoes, except for round varieties and
the Russet Burbank, Russet Norkotah,
and Silverton Russet varieties. This
recommendation was made effective
July 15, 2002 (67 FR 40844). The Russet
Burbank, Russet Norkotah, and
Silverton Russet varieties were left at
17⁄8 inches minimum diameter.
The Committee believes that the
demand for fresh potatoes has decreased
for the last several years and there are
abundant supplies in the marketplace.
Consumers prefer larger, higher quality
potatoes. After reviewing market data
over the past six years, the Committee
decided to recommend removing the
minimum size exception for Russet
Burbank, Russet Norkotah, and
Silverton Russet varieties. The
Committee reports that potato size is
important to consumers and that
providing the sizes desired is necessary
to maintain consumer confidence in the
marketplace. The Committee believes
that quality assurance is very important
to the Colorado potato industry. The
Committee also believes that most
Colorado potato handlers are shipping
Russet varieties at a minimum size of 2
inches in diameter or 4 ounces
minimum weight. Providing customers
with acceptable quality produce on a
consistent basis is necessary to maintain
buyer confidence in the marketplace
and improve producer returns.
Under this proposal, Russet potatoes
subject to minimum size requirements
would meet the size requirements if
they are at least 2 inches in diameter or
4 ounces in weight. Some long, thin
potatoes might be smaller than 2 inches
in diameter, but weigh at least 4 ounces.
These potatoes would meet the
proposed size requirements. Some
potatoes might weigh less than 4
ounces, but be at least 2 inches in
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diameter. These potatoes would also
meet the proposed minimum size
requirements.
Twelve members voted in favor of the
proposed change and one member voted
in opposition. The dissenting member
was concerned that some industry
members who produce smaller Russet
potatoes might not support the change.
The Committee made the
recommendation to provide buyers with
the sizes they prefer and to maintain
buyer confidence. The Committee
believes that this change would
facilitate the handling and marketing of
Colorado Area No. 2 potatoes and help
improve producer returns.
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.
There are approximately 77 handlers
of Colorado Area No. 2 potatoes subject
to regulation under the order and
approximately 180 producers in the
regulated production area. Small
agricultural service firms are defined by
the Small Business Administration (13
CFR 121.201) as those having annual
receipts are less than $6,500,000, and
small agricultural producers are defined
as those having annual receipts of less
than $750,000.
During the 2006–2007 marketing year,
approximately 16,061,432
hundredweight of Colorado Area No. 2
potatoes were inspected under the order
and sold into the fresh market. Based on
an estimated average f.o.b. price of
$11.00 per hundredweight, the
Committee estimates that 66 Area No. 2
handlers, or about 86 percent, had
annual receipts of less than $6,500,000.
In view of the foregoing, the majority of
Colorado Area No. 2 potato handlers
may be classified as small entities.
In addition, based on information
provided by the National Agricultural
Statistics Service (NASS), the average
producer price for Colorado potatoes for
2006 was $8.80 per hundredweight. The
average annual fresh potato revenue for
the Colorado Area No. 2 potato
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producers is therefore calculated to be
approximately $785,226. Consequently,
on average, the majority of the Area No.
2 Colorado potato producers may not be
classified as small entities.
This rule would remove the exception
that Russet Burbank, Russet Norkotah,
and Silverton Russet varieties of Area
No. 2 Colorado potatoes may be 17⁄8
inches in diameter. This rule would
thus have the effect of increasing the
minimum size requirements for Russet
potatoes from 17⁄8 inches in diameter to
2 inches in diameter or 4 ounces in
weight. Authority for this action is
contained in §§ 948.21, 948.22, 948.40,
and 948.386.
NASS estimated planted acreage for
the 2006 crop in Area No. 2 at 59,900
acres, an increase of 1,700 acres when
compared with 58,200 acres planted in
2005. In 2006, NASS data shows that
Russet Norkotah, the most popular
variety, was planted on 60.3 percent of
the total potato acreage. Other Russet
varieties accounted for 20.6 percent of
the total acres planted, with various
other varieties making up the remaining
19.1 percent.
Based on Committee records, 89.6
percent of Area No. 2 potatoes entered
the fresh market during the 2006–2007
marketing year (including potatoes
produced for seed). Of those potatoes,
Russet potato varieties accounted for
89.2 percent.
Only a small portion of the crop is
expected to be affected by the proposed
size increase (i.e., that portion of Russet
Burbank, Russet Norkotah, or Silverton
Russet varieties smaller than 2 inches in
diameter or 4 ounces in weight, but
larger than 17⁄8 inches in diameter).
Based on current customer demand,
many handlers are already shipping 2inch minimum diameter Russet
potatoes. The Committee believes that
the expected benefits of improved
quality, increased purchases and sales
volume, and increased returns received
by producers would greatly outweigh
the costs related to the regulation.
After discussing possible alternatives
to this rule, the Committee determined
that an increase in the minimum size for
Russet varieties would increase returns
to growers while supplying the market
with a higher percentage of larger high
quality potatoes. The Committee
believes that the expected benefits are
improved quality, increased purchases
and sales volume, and increased returns
received by producers. During its
deliberations, the Committee also
considered increasing the minimum size
to 21⁄8 inches or 5 ounces in weight for
Russet varieties. However, the
Committee decided that increasing the
minimum size from 17⁄8 inches diameter
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to 21⁄8 inches in diameter would be too
restrictive at this time.
This proposed rule would increase
the size requirements for Russet
varieties of potatoes under the order.
Accordingly, this action would not
impose any additional reporting or
recordkeeping requirements on either
small or large Russet potato 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 proposed rule.
In addition, the Committee’s meeting
was widely publicized throughout the
Colorado Area No. 2 potato industry and
all interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the August
16, 2007, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
Finally, interested persons are invited to
submit comments on this proposed rule,
including the regulatory and
informational impacts of this action on
small businesses.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
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.
A 15-day comment period is provided
to allow interested persons to respond
to this proposal. Fifteen days is deemed
appropriate because this rule would
need to be in place as soon as possible
since handlers are already shipping
potatoes from the 2007–2008 crop. All
written comments timely received will
be considered before a final
determination is made on this matter.
List of Subjects in 7 CFR Part 948
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 948 is proposed to
be amended as follows:
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Federal Register / Vol. 72, No. 237 / Tuesday, December 11, 2007 / Proposed Rules
Federal Aviation Administration
hydraulic system), which could result in
the asymmetric flight control limits
being exceeded, and could adversely
affect the airplane’s continued safe
flight and landing.
DATES: We must receive comments on
this proposed AD by January 25, 2008.
ADDRESSES: You may send comments by
any of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590.
• Hand Delivery: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays.
For service information identified in
this proposed AD, contact Boeing
Commercial Airplanes, P.O. Box 3707,
Seattle, Washington 98124–2207.
14 CFR Part 39
Examining the AD Docket
PART 948—IRISH POTATOES GROWN
IN COLORADO
1. The authority citation for 7 CFR
part 948 continues to read as follows:
Authority: 7 U.S.C. 601–674.
2. Section 948.386 is amended by
revising paragraph (a)(2) to read as
follows:
§ 948.386
Handling Regulation.
*
*
*
*
*
(a) * * *
(2) All other varieties. U.S. No. 2, or
better grade, 2 inches minimum
diameter or 4 ounces minimum weight.
*
*
*
*
*
Dated: December 4, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–23839 Filed 12–10–07; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
[Docket No. FAA–2007–0308; Directorate
Identifier 2007–NM–160–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 747–100, 747–100B, 747–100B
SUD, 747–200B, 747–200C, 747–200F,
747–300, 747–400, 747–400D, 747–
400F, and 747SR Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM).
pwalker on PROD1PC71 with PROPOSALS
AGENCY:
SUMMARY: The FAA proposes to adopt a
new airworthiness directive (AD) for
certain Boeing Model 747 airplanes
identified above. This proposed AD
would require modifying the outboard
flap track and transmission attachments.
This proposed AD results from a joint
Boeing and FAA multi-model study
(following in-service trailing edge flap
structure and drive system events) on
the hazards posed by skewing and failed
flaps. This study identified the safety
concerns regarding the transmission
attachment design and the potential loss
of an outboard trailing edge flap. We are
proposing this AD to prevent certain
discrepancies associated with this
design (for example, a flap skew or
lateral control asymmetry that can cause
collateral damage to adjacent hydraulic
tubing and subsequent loss of a
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16:55 Dec 10, 2007
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You may examine the AD docket on
the Internet at https://
www.regulations.gov; or in person at the
Docket Management Facility between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays. The AD
docket contains this proposed AD, the
regulatory evaluation, any comments
received, and other information. The
street address for the Docket Office
(telephone 800–647–5527) is in the
ADDRESSES section. Comments will be
available in the AD docket shortly after
receipt.
FOR FURTHER INFORMATION CONTACT:
Doug Tsuji, Aerospace Engineer,
Systems and Equipment Branch, ANM–
130S, FAA, Seattle Aircraft Certification
Office, 1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 917–6487; fax (425) 917–6590.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written
relevant data, views, or arguments about
this proposed AD. Send your comments
to an address listed under the
ADDRESSES section. Include ‘‘Docket No.
FAA–2007–0308; Directorate Identifier
2007–NM–160–AD’’ at the beginning of
your comments. We specifically invite
comments on the overall regulatory,
economic, environmental, and energy
aspects of this proposed AD. We will
consider all comments received by the
closing date and may amend this
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70247
proposed AD because of those
comments.
We will post all comments we
receive, without change, to https://
www.regulations.gov, including any
personal information you provide. We
will also post a report summarizing each
substantive verbal contact we receive
about this proposed AD.
Discussion
A report has been completed about a
joint Boeing and FAA multi-model
study (following in-service trailing edge
flap structure and drive system events)
on the hazards posed by skewing and
failed flaps. The study identified safety
concerns with the transmission
attachment design, which does not meet
the single failure condition analysis
criteria. Three bolts attach the
transmission to the flap track. The
fracture of one of the transmission
attachment bolts in flight could lead to
an overload failure of the two remaining
bolts and subsequent loss of the
transmission. In addition, a support
housing with an undetected fracture
could lead to the loss of the
transmission. Loss of the flap
transmission could lead to a flap skew
or lateral control asymmetry. Loss of a
transmission could lead to possible
collateral damage to adjacent hydraulic
tubing and the loss of a hydraulic
system. A flap skew or asymmetry
combined with collateral hydraulic
system damage could result in the
asymmetric flight control limits being
exceeded, and could adversely affect the
airplane’s continued safe flight and
landing.
Relevant Service Information
We have reviewed Boeing Alert
Service Bulletins 747–27A2398 and
747–27A2421, both dated April 19,
2007. The service bulletins describe the
following procedures for modifying the
outboard trailing edge flaps, including
the following ‘‘airplane work’’:
• Replacing the flap tracks and flap
transmissions with a new configuration
(flap tracks and flap transmissions 1, 2,
7, and 8);
• Reversing the bolt direction on the
flap track side load fitting; and
• Installing new flap track fairing
hinge braces. The service bulletins
describe the following component work:
• Replacing the upper forward and
the upper aft flap transmission
attachment bolt hole bushings;
• Replacing the support housing;
• Machining the track and installing
the larger diameter bolt hole bushings,
at the upper forward and upper aft flap
transmission attachment locations (flap
track assemblies 1 and 8) and at the
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]]>Agencies
[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Proposed Rules]
[Pages 70244-70247]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23839]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 948
[Docket No. AMS-FV-07-0115; FV08-948-1 PR]
Irish Potatoes Grown in Colorado; Modification of the Handling
Regulation for Area No. 2
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule invites comments on a modification of the minimum
size requirements under the Colorado potato marketing order, Area No.
2. The marketing order regulates the handling of Irish potatoes grown
in Colorado, and is administered locally by the Colorado Potato
Administrative Committee, Area No. 2 (Committee). The minimum size
requirements for Area No. 2 potatoes currently allow the handling of
potatoes that are at least 2 inches in diameter or 4 ounces minimum
weight, except that round potatoes may be of any weight, and Russet
Burbank, Russet Norkotah,
[[Page 70245]]
and Silverton Russet varieties may be a minimum of 1\7/8\ inches in
diameter or 4 ounces in weight. This rule would remove the exception
that Russet Burbank, Russet Norkotah, and Silverton Russet varieties
may be 1\7/8\ inches in diameter, thus requiring these varieties to
also meet the minimum requirements of 2 inches in diameter or 4 ounces
in weight. This change is intended to facilitate the handling and
marketing of Colorado Area No. 2 potatoes.
DATES: Comments must be received by December 26, 2007.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938, or Internet: https://
www.regulations.gov. All comments should reference the docket number
and the date and page number of this issue of the Federal Register and
will be available for public inspection in the Office of the Docket
Clerk during regular business hours, or can be viewed at: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary Olson,
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: Teresa.Hutchinson@usda.gov or
GaryD.Olson@usda.gov.
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 proposal is issued under Marketing
Agreement No. 97 and Marketing Order No. 948, both as amended (7 CFR
part 948), regulating the handling of Irish potatoes grown in Colorado,
hereinafter referred to as the ``order.'' The order is effective under
the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C.
601-674), hereinafter referred to as the ``Act.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This proposal has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This proposal 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 proposal invites comments on a modification of the minimum
size requirements under the order. The minimum size requirements for
Area No. 2 potatoes currently allow the handling of potatoes that are
at least 2 inches in diameter or 4 ounces minimum weight, except that
round potatoes may be of any weight, and Russet Burbank, Russet
Norkotah, and Silverton Russet varieties may be a minimum of 1\7/8\
inches in diameter or 4 ounces in weight. This rule would remove the
exception that Russet Burbank, Russet Norkotah, and Silverton Russet
varieties may be 1\7/8\ inches in diameter. This rule was recommended
by the Committee at a meeting on August 16, 2007.
Section 948.22 authorizes the issuance of grade, size, quality,
maturity, pack, and container regulations for potatoes grown in the
production area. Section 948.21 further authorizes the modification,
suspension, or termination of requirements issued pursuant to Sec.
948.22.
Section 948.40 provides that whenever the handling of potatoes is
regulated pursuant to Sec. Sec. 948.20 through 948.24, such potatoes
must be inspected by the Federal-State Inspection Service, and
certified as meeting the applicable requirements of such regulations.
Under the order, the State of Colorado is divided into three areas
of regulation for marketing order purposes. These include: Area No. 1,
commonly known as the Western Slope, includes and consists of the
counties of Routt, Eagle, Pitkin, Gunnison, Hinsdale, La Plata, and all
counties west thereof; Area No. 2, commonly known as the San Luis
Valley, includes and consists of the counties of Sanguache, Huerfano,
Las Animas, Mineral, Archuleta, and all counties south thereof; and,
Area No. 3 includes and consists of all the remaining counties in the
State of Colorado which are not included in Area No. 1 or Area No. 2.
The order currently regulates the handling of potatoes grown in Areas
No. 2 and No. 3 only; regulation for Area No. 1 is currently not
active.
Grade, size, and maturity regulations specific to the handling of
potatoes grown in Area No. 2 are contained in Sec. 948.386 of the
order.
On August 16, 2001, the Committee recommended increasing the
minimum size requirements from 1\7/8\ inches to 2 inches in diameter or
4 ounces minimum weight for all varieties of potatoes, except for round
varieties and the Russet Burbank, Russet Norkotah, and Silverton Russet
varieties. This recommendation was made effective July 15, 2002 (67 FR
40844). The Russet Burbank, Russet Norkotah, and Silverton Russet
varieties were left at 1\7/8\ inches minimum diameter.
The Committee believes that the demand for fresh potatoes has
decreased for the last several years and there are abundant supplies in
the marketplace. Consumers prefer larger, higher quality potatoes.
After reviewing market data over the past six years, the Committee
decided to recommend removing the minimum size exception for Russet
Burbank, Russet Norkotah, and Silverton Russet varieties. The Committee
reports that potato size is important to consumers and that providing
the sizes desired is necessary to maintain consumer confidence in the
marketplace. The Committee believes that quality assurance is very
important to the Colorado potato industry. The Committee also believes
that most Colorado potato handlers are shipping Russet varieties at a
minimum size of 2 inches in diameter or 4 ounces minimum weight.
Providing customers with acceptable quality produce on a consistent
basis is necessary to maintain buyer confidence in the marketplace and
improve producer returns.
Under this proposal, Russet potatoes subject to minimum size
requirements would meet the size requirements if they are at least 2
inches in diameter or 4 ounces in weight. Some long, thin potatoes
might be smaller than 2 inches in diameter, but weigh at least 4
ounces. These potatoes would meet the proposed size requirements. Some
potatoes might weigh less than 4 ounces, but be at least 2 inches in
[[Page 70246]]
diameter. These potatoes would also meet the proposed minimum size
requirements.
Twelve members voted in favor of the proposed change and one member
voted in opposition. The dissenting member was concerned that some
industry members who produce smaller Russet potatoes might not support
the change. The Committee made the recommendation to provide buyers
with the sizes they prefer and to maintain buyer confidence. The
Committee believes that this change would facilitate the handling and
marketing of Colorado Area No. 2 potatoes and help improve producer
returns.
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.
There are approximately 77 handlers of Colorado Area No. 2 potatoes
subject to regulation under the order and approximately 180 producers
in the regulated production area. Small agricultural service firms are
defined by the Small Business Administration (13 CFR 121.201) as those
having annual receipts are less than $6,500,000, and small agricultural
producers are defined as those having annual receipts of less than
$750,000.
During the 2006-2007 marketing year, approximately 16,061,432
hundredweight of Colorado Area No. 2 potatoes were inspected under the
order and sold into the fresh market. Based on an estimated average
f.o.b. price of $11.00 per hundredweight, the Committee estimates that
66 Area No. 2 handlers, or about 86 percent, had annual receipts of
less than $6,500,000. In view of the foregoing, the majority of
Colorado Area No. 2 potato handlers may be classified as small
entities.
In addition, based on information provided by the National
Agricultural Statistics Service (NASS), the average producer price for
Colorado potatoes for 2006 was $8.80 per hundredweight. The average
annual fresh potato revenue for the Colorado Area No. 2 potato
producers is therefore calculated to be approximately $785,226.
Consequently, on average, the majority of the Area No. 2 Colorado
potato producers may not be classified as small entities.
This rule would remove the exception that Russet Burbank, Russet
Norkotah, and Silverton Russet varieties of Area No. 2 Colorado
potatoes may be 1\7/8\ inches in diameter. This rule would thus have
the effect of increasing the minimum size requirements for Russet
potatoes from 1\7/8\ inches in diameter to 2 inches in diameter or 4
ounces in weight. Authority for this action is contained in Sec. Sec.
948.21, 948.22, 948.40, and 948.386.
NASS estimated planted acreage for the 2006 crop in Area No. 2 at
59,900 acres, an increase of 1,700 acres when compared with 58,200
acres planted in 2005. In 2006, NASS data shows that Russet Norkotah,
the most popular variety, was planted on 60.3 percent of the total
potato acreage. Other Russet varieties accounted for 20.6 percent of
the total acres planted, with various other varieties making up the
remaining 19.1 percent.
Based on Committee records, 89.6 percent of Area No. 2 potatoes
entered the fresh market during the 2006-2007 marketing year (including
potatoes produced for seed). Of those potatoes, Russet potato varieties
accounted for 89.2 percent.
Only a small portion of the crop is expected to be affected by the
proposed size increase (i.e., that portion of Russet Burbank, Russet
Norkotah, or Silverton Russet varieties smaller than 2 inches in
diameter or 4 ounces in weight, but larger than 1\7/8\ inches in
diameter). Based on current customer demand, many handlers are already
shipping 2-inch minimum diameter Russet potatoes. The Committee
believes that the expected benefits of improved quality, increased
purchases and sales volume, and increased returns received by producers
would greatly outweigh the costs related to the regulation.
After discussing possible alternatives to this rule, the Committee
determined that an increase in the minimum size for Russet varieties
would increase returns to growers while supplying the market with a
higher percentage of larger high quality potatoes. The Committee
believes that the expected benefits are improved quality, increased
purchases and sales volume, and increased returns received by
producers. During its deliberations, the Committee also considered
increasing the minimum size to 2\1/8\ inches or 5 ounces in weight for
Russet varieties. However, the Committee decided that increasing the
minimum size from 1\7/8\ inches diameter to 2\1/8\ inches in diameter
would be too restrictive at this time.
This proposed rule would increase the size requirements for Russet
varieties of potatoes under the order. Accordingly, this action would
not impose any additional reporting or recordkeeping requirements on
either small or large Russet potato 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 proposed rule.
In addition, the Committee's meeting was widely publicized
throughout the Colorado Area No. 2 potato industry and all interested
persons were invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the August
16, 2007, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue. Finally, interested
persons are invited to submit comments on this proposed rule, including
the regulatory and informational impacts of this action on small
businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: 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.
A 15-day comment period is provided to allow interested persons to
respond to this proposal. Fifteen days is deemed appropriate because
this rule would need to be in place as soon as possible since handlers
are already shipping potatoes from the 2007-2008 crop. All written
comments timely received will be considered before a final
determination is made on this matter.
List of Subjects in 7 CFR Part 948
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 948 is
proposed to be amended as follows:
[[Page 70247]]
PART 948--IRISH POTATOES GROWN IN COLORADO
1. The authority citation for 7 CFR part 948 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 948.386 is amended by revising paragraph (a)(2) to read
as follows:
Sec. 948.386 Handling Regulation.
* * * * *
(a) * * *
(2) All other varieties. U.S. No. 2, or better grade, 2 inches
minimum diameter or 4 ounces minimum weight.
* * * * *
Dated: December 4, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-23839 Filed 12-10-07; 8:45 am]
BILLING CODE 3410-02-P
