Irish Potatoes Grown in Colorado; Reestablishment of Membership on the Colorado Potato Administrative Committee, Area No. 2, 9629-9631 [2013-02979]

Download as PDF 9629 Proposed Rules Federal Register Vol. 78, No. 28 Monday, February 11, 2013 This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 948 [Doc. No. AMS–FV–12–0044; FV12–948–2 PR] Irish Potatoes Grown in Colorado; Reestablishment of Membership on the Colorado Potato Administrative Committee, Area No. 2 Agricultural Marketing Service, USDA. ACTION: Proposed rule. AGENCY: This rule invites comments on reestablishing the membership on the Colorado Potato Administrative Committee, Area No. 2 (Committee). The Committee locally administers the marketing order regulating the handling of Irish potatoes grown in Colorado. This rule would modify the Committee membership structure by amending the position allocated to a producer from Conejos County. Beginning with the 2013–2014 term of office, such designated Committee position would be allocated to an eligible producer operating in either Conejos or Costilla County. This action is expected to improve Committee representation for producers from this sub-region of the production area. DATES: Comments must be received by April 12, 2013. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Fruit and Vegetable Program, 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 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 erowe on DSK2VPTVN1PROD with PROPOSALS-1 SUMMARY: VerDate Mar<15>2010 14:08 Feb 08, 2013 Jkt 229001 at: https://www.regulations.gov. All comments submitted in response to this 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: Barry Broadbent, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326– 2724, Fax: (503) 326–7440, or Email: Barry.Broadbent@ams.usda.gov or GaryD.Olson@ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Laurel May, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Laurel.May@ams.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. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under § 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 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 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 reestablishing the membership structure of the Committee. This rule would modify the current Committee membership structure by amending the position currently allocated to a producer from Conejos County. Beginning with the 2013–2014 term of office, such designated Committee position would be allocated to an eligible producer operating in either Conejos or Costilla County. This action is expected to improve Committee representation for producers from this sub-region of the production area. This change was unanimously recommended by the Committee at a meeting held on July 19, 2012. Section 948.4 of the order divides the State of Colorado into three areas of regulation for marketing order purposes. These areas include: Area No. 1, commonly known as the Western Slope; Area No. 2, commonly known as San Luis Valley; and, Area No. 3, which consists of the remaining producing areas within the State of Colorado not included in the definition of Area No. 1 or Area No. 2. Currently, the order only regulates the handling of potatoes produced in Area No. 2 and Area No. 3. Regulation for Area No. 1 has been suspended. Section 948.50 of the order establishes committees as administrative agencies for each of the areas set forth under § 948.4. The reestablishment of areas, subdivisions of areas, the distribution of representation among the subdivision of areas, or among marketing organizations within the areas is authorized under § 948.53. Such reestablishment is made by the Secretary upon the recommendation of the affected area committee. In recommending any such changes, the area committee shall consider, among other things, the relative production and the geographic locations of producing sections as they would affect the efficiency of administration of the order. Section 948.150(a) of the order’s administrative rules prescribes the Area No. 2 Committee membership, as reestablished under previous E:\FR\FM\11FEP1.SGM 11FEP1 9630 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules erowe on DSK2VPTVN1PROD with PROPOSALS-1 rulemaking actions, with nine producer members and five handler members. The nine producer positions are designated to represent various subregions of the production area. Currently, § 948.150(a)(3) specifically dedicates one of those producer positions to a producer from Conejos County. At its meeting on July 19, 2012, the Committee unanimously recommended modifying the Committee membership structure by amending the position allocated to a producer from Conejos County. The Committee acknowledged that the position has been increasingly hard to fill as the number of potato producers located in Conejos County eligible to serve on the Committee has declined. The Committee attributed the decrease in the number of producers to a number of issues in that area, including competition from alternative crops and industry consolidation. The Committee believes that allocating the position specified in § 948.150(a)(3) to a producer from either Conejos or Costilla County, instead of just from Conejos County, would increase the pool of potential Committee participants from that general subregion of the production area. Conejos County and Costilla County adjoin each other on the southern boundary of the production area and share similar climates, soils, production resources, and marketing opportunities. Producers from either of the two counties would be able to adequately represent this subregion of the production area on the Committee. Producers from Costilla County are currently able to serve on the Committee in the position allocated in § 948.150(a)(5). This position is designated to a producer from all other counties in the Area No. 2 production area that do not have specified representation as provided in § 948.150(a)(1) through (4). This change is expected to increase the pool of potential participants eligible to serve on the Committee and to improve representation for producers from both Conejos and Costilla Counties. This proposed action was unanimously recommended by the full Committee. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA)(5 U.S.C. 601–612), the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this 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 VerDate Mar<15>2010 14:08 Feb 08, 2013 Jkt 229001 that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the 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 80 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 of less than $7,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. During the 2010–2011 marketing year, the most recent full marketing year for which statistics are available, 15,583,512 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 $12.75 per hundredweight, the Committee estimates that 71 Area No. 2 handlers, or about 89 percent, had annual receipts of less than $7,000,000. 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, the average producer price for Colorado fall potatoes for 2010–2011 was $9.37 per hundredweight. The average annual fresh potato revenue for each of the 180 Colorado Area No. 2 potato producers is therefore calculated to be approximately $811,208. Consequently, on average, many of the Area No. 2 Colorado potato producers may not be classified as small entities. This rule would reestablish the Area No. 2 Committee membership structure currently prescribed under § 948.150(a) of the order by amending the position allocated to a producer from Conejos County (§ 948.150(a)(3)). Beginning with the 2013–2014 term of office, such designated Committee position would be allocated to an eligible producer operating in either Conejos or Costilla County. Authority for this action is contained in §§ 948.50 and 948.53. At the meeting, the Committee discussed the potential impact of this change on handlers and producers. The proposed change is expected to improve Committee representation for producers from this general sub-region of the production area. Further, the proposed modification is not anticipated to have any financial or regulatory impact on PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 the area’s potato producers or handlers. Lastly, the benefits resulting from this rule are not expected to be disproportionately greater or less for small handlers or producers than for larger entities. The Committee discussed alternatives to this proposed change including taking no immediate action, reviewing the issue in the future, and redesignating the Committee position to be an at-large position that could be filled by producers from across the entire production area. The Committee believes that representation on the Committee by producers from each of the sub-regions of the production area is important for the efficient administration of the order. The Committee also feels that the declining trend in the number of producers in Conejos County is not likely to be self-reversing. As such, the Committee determined that there would not be any benefit to delaying corrective action to resolve this Committee representation issue and readdressing it in the future. In addition, the Committee determined that changing the position designated to a producer from Conejos County into an at-large position could jeopardize the representation for producers from that southern subregion. As such, the Committee concluded that both of the above options would not be sufficiently responsive to the current situation and modifying the membership structure as recommended is the best course of action to take at this time. 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 the Office of Management and Budget (OMB) and assigned OMB No. 0581–0178. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large 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. In addition, USDA has not identified any E:\FR\FM\11FEP1.SGM 11FEP1 Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / Proposed Rules relevant Federal rules that duplicate, overlap, or conflict with this rule. Further, the Committee’s meeting was widely publicized throughout the Colorado potato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the July 19, 2012, meeting was a public meeting and all entities, both large and small, were able to express their 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: www.ams.usda.gov/ MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Laurel May at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 60-day comment period is provided to allow interested persons to respond to this proposal. 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: 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. In § 948.150, paragraph (a)(3) is revised to read as follows: ■ § 948.150 Reestablishment of committee membership. erowe on DSK2VPTVN1PROD with PROPOSALS-1 * * * * * (a) * * * (3) One (1) producer from either Conejos or Costilla County. * * * * * Dated: February 5, 2013. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2013–02979 Filed 2–8–13; 8:45 am] BILLING CODE 3410–02–P VerDate Mar<15>2010 14:08 Feb 08, 2013 Jkt 229001 DEPARTMENT OF ENERGY 10 CFR Part 430 [Docket No. EERE–2012–BT–STD–0047] RIN 1904–AC88 Energy Efficiency Program for Consumer Products: Energy Conservation Standards for Residential Boilers Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of public meeting and availability of the Framework Document. AGENCY: The U.S. Department of Energy (DOE) is initiating the rulemaking and data collection process to consider amending the energy conservation standards for residential boilers. This rulemaking will satisfy the statutory requirement for DOE to conduct a second round of energy conservation standards rulemaking for residential boilers, and it will also fulfill DOE’s statutory obligation to review energy conservation standards within six years after issuance of any final rule establishing or amending a standard to determine whether such standards should be amended. After concluding its initial review of the available information and public comments, DOE will publish either a notice of the determination that standards do not need to be amended, or a notice of proposed rulemaking including new proposed standards. To inform interested parties and to facilitate this process, DOE has prepared a Framework Document that details the analytical approach and scope of coverage for the rulemaking, and identifies several issues on which DOE is particularly interested in receiving comments. DOE will hold a public meeting to discuss and receive comments on its planned analytical approach and issues it will address in this rulemaking proceeding. DOE welcomes written comments and relevant data from the public on any subject within the scope of this rulemaking. A copy of the Framework Document is available at: https:// www1.eere.energy.gov/buildings/ appliance_standards/residential/ furnaces_boilers.html. DATES: Meeting: DOE will hold a public meeting on Wednesday, March 13, 2013, from 9:00 a.m. to 2:00 p.m. directly after the Residential Furnace and Boilers Test Procedure NOPR Pubic Meeting in Washington, DC. Additionally, DOE plans to conduct the public meeting via webinar. You may attend the public SUMMARY: PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 9631 meeting via webinar, and registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE’s Web site at: https:// www1.eere.energy.gov/buildings/ appliance_standards/residential/ furnaces_boilers.html. Participants are responsible for ensuring that their systems are compatible with the webinar software. DOE must receive requests to speak at the public meeting before 4:00 p.m., Wednesday, February 27, 2013. DOE must receive an electronic copy of the statement with the name and, if appropriate, the organization of the presenter to be given at the public meeting before 4:00 p.m., Wednesday, March 6, 2013. Comments: DOE will accept written comments, data, and information regarding the Framework Document before and after the public meeting, but no later than March 28, 2013. ADDRESSES: The public meeting will be held at the U.S. Department of Energy, Forrestal Building, Room 8E–089, 1000 Independence Avenue SW., Washington, DC 20585–0121. Please note that foreign nationals planning to participate in the public meeting are subject to advance security screening procedures. If a foreign national wishes to participate in the public meeting, please inform DOE of this fact as soon as possible by contacting Ms. Brenda Edwards at (202) 586–2945 so that the necessary procedures can be completed. Please note that any person wishing to bring a laptop computer into the Forrestal Building will be required to obtain a property pass. Visitors should avoid bringing laptops, or allow an extra 45 minutes. As noted above, persons may also attend the public meeting via webinar. Interested parties are encouraged to submit comments electronically. However, comments may be submitted by any of the following methods: • Federal eRulemaking Portal: www.regulations.gov. Follow the instructions for submitting comments. • E-Mail: ResBoilers2012STD0047@ee.doe.gov. Include docket number EERE–2012–BT– STD–0047 and/or regulatory identification number (RIN) 1904–AC88 in the subject line of the message. All comments should clearly identify the name, address, and, if appropriate, organization of the commenter. Submit electronic comments in WordPerfect, Microsoft Word, PDF, or ASCII file format, and avoid the use of special characters or any form of encryption. • Postal Mail: Ms. Brenda Edwards, U.S. Department of Energy, Building E:\FR\FM\11FEP1.SGM 11FEP1

Agencies

[Federal Register Volume 78, Number 28 (Monday, February 11, 2013)]
[Proposed Rules]
[Pages 9629-9631]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02979]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 28 / Monday, February 11, 2013 / 
Proposed Rules

[[Page 9629]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 948

[Doc. No. AMS-FV-12-0044; FV12-948-2 PR]


Irish Potatoes Grown in Colorado; Reestablishment of Membership 
on the Colorado Potato Administrative Committee, Area No. 2

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule invites comments on reestablishing the membership on 
the Colorado Potato Administrative Committee, Area No. 2 (Committee). 
The Committee locally administers the marketing order regulating the 
handling of Irish potatoes grown in Colorado. This rule would modify 
the Committee membership structure by amending the position allocated 
to a producer from Conejos County. Beginning with the 2013-2014 term of 
office, such designated Committee position would be allocated to an 
eligible producer operating in either Conejos or Costilla County. This 
action is expected to improve Committee representation for producers 
from this sub-region of the production area.

DATES: Comments must be received by April 12, 2013.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent to the Docket Clerk, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
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 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: https://www.regulations.gov. All comments submitted in response to this 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: Barry Broadbent, Marketing Specialist, 
or Gary Olson, Regional Director, Northwest Marketing Field Office, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: 
Barry.Broadbent@ams.usda.gov or GaryD.Olson@ams.usda.gov.
    Small businesses may request information on complying with this 
regulation by contacting Laurel May, Marketing Order and Agreement 
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence 
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Laurel.May@ams.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.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under Sec.  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 reestablishing the membership 
structure of the Committee. This rule would modify the current 
Committee membership structure by amending the position currently 
allocated to a producer from Conejos County. Beginning with the 2013-
2014 term of office, such designated Committee position would be 
allocated to an eligible producer operating in either Conejos or 
Costilla County. This action is expected to improve Committee 
representation for producers from this sub-region of the production 
area. This change was unanimously recommended by the Committee at a 
meeting held on July 19, 2012.
    Section 948.4 of the order divides the State of Colorado into three 
areas of regulation for marketing order purposes. These areas include: 
Area No. 1, commonly known as the Western Slope; Area No. 2, commonly 
known as San Luis Valley; and, Area No. 3, which consists of the 
remaining producing areas within the State of Colorado not included in 
the definition of Area No. 1 or Area No. 2. Currently, the order only 
regulates the handling of potatoes produced in Area No. 2 and Area No. 
3. Regulation for Area No. 1 has been suspended.
    Section 948.50 of the order establishes committees as 
administrative agencies for each of the areas set forth under Sec.  
948.4. The reestablishment of areas, subdivisions of areas, the 
distribution of representation among the subdivision of areas, or among 
marketing organizations within the areas is authorized under Sec.  
948.53. Such reestablishment is made by the Secretary upon the 
recommendation of the affected area committee. In recommending any such 
changes, the area committee shall consider, among other things, the 
relative production and the geographic locations of producing sections 
as they would affect the efficiency of administration of the order.
    Section 948.150(a) of the order's administrative rules prescribes 
the Area No. 2 Committee membership, as reestablished under previous

[[Page 9630]]

rulemaking actions, with nine producer members and five handler 
members. The nine producer positions are designated to represent 
various sub-regions of the production area. Currently, Sec.  
948.150(a)(3) specifically dedicates one of those producer positions to 
a producer from Conejos County.
    At its meeting on July 19, 2012, the Committee unanimously 
recommended modifying the Committee membership structure by amending 
the position allocated to a producer from Conejos County. The Committee 
acknowledged that the position has been increasingly hard to fill as 
the number of potato producers located in Conejos County eligible to 
serve on the Committee has declined. The Committee attributed the 
decrease in the number of producers to a number of issues in that area, 
including competition from alternative crops and industry 
consolidation.
    The Committee believes that allocating the position specified in 
Sec.  948.150(a)(3) to a producer from either Conejos or Costilla 
County, instead of just from Conejos County, would increase the pool of 
potential Committee participants from that general sub-region of the 
production area. Conejos County and Costilla County adjoin each other 
on the southern boundary of the production area and share similar 
climates, soils, production resources, and marketing opportunities. 
Producers from either of the two counties would be able to adequately 
represent this sub-region of the production area on the Committee. 
Producers from Costilla County are currently able to serve on the 
Committee in the position allocated in Sec.  948.150(a)(5). This 
position is designated to a producer from all other counties in the 
Area No. 2 production area that do not have specified representation as 
provided in Sec.  948.150(a)(1) through (4). This change is expected to 
increase the pool of potential participants eligible to serve on the 
Committee and to improve representation for producers from both Conejos 
and Costilla Counties. This proposed action was unanimously recommended 
by the full Committee.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this action on small entities. 
Accordingly, AMS has prepared this 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 the 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 80 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 of less than $7,000,000, and small agricultural 
producers are defined as those having annual receipts of less than 
$750,000.
    During the 2010-2011 marketing year, the most recent full marketing 
year for which statistics are available, 15,583,512 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 
$12.75 per hundredweight, the Committee estimates that 71 Area No. 2 
handlers, or about 89 percent, had annual receipts of less than 
$7,000,000. 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, the average producer price for 
Colorado fall potatoes for 2010-2011 was $9.37 per hundredweight. The 
average annual fresh potato revenue for each of the 180 Colorado Area 
No. 2 potato producers is therefore calculated to be approximately 
$811,208. Consequently, on average, many of the Area No. 2 Colorado 
potato producers may not be classified as small entities.
    This rule would reestablish the Area No. 2 Committee membership 
structure currently prescribed under Sec.  948.150(a) of the order by 
amending the position allocated to a producer from Conejos County 
(Sec.  948.150(a)(3)). Beginning with the 2013-2014 term of office, 
such designated Committee position would be allocated to an eligible 
producer operating in either Conejos or Costilla County. Authority for 
this action is contained in Sec. Sec.  948.50 and 948.53.
    At the meeting, the Committee discussed the potential impact of 
this change on handlers and producers. The proposed change is expected 
to improve Committee representation for producers from this general 
sub-region of the production area. Further, the proposed modification 
is not anticipated to have any financial or regulatory impact on the 
area's potato producers or handlers. Lastly, the benefits resulting 
from this rule are not expected to be disproportionately greater or 
less for small handlers or producers than for larger entities.
    The Committee discussed alternatives to this proposed change 
including taking no immediate action, reviewing the issue in the 
future, and redesignating the Committee position to be an at-large 
position that could be filled by producers from across the entire 
production area.
    The Committee believes that representation on the Committee by 
producers from each of the sub-regions of the production area is 
important for the efficient administration of the order. The Committee 
also feels that the declining trend in the number of producers in 
Conejos County is not likely to be self-reversing. As such, the 
Committee determined that there would not be any benefit to delaying 
corrective action to resolve this Committee representation issue and 
readdressing it in the future. In addition, the Committee determined 
that changing the position designated to a producer from Conejos County 
into an at-large position could jeopardize the representation for 
producers from that southern sub-region. As such, the Committee 
concluded that both of the above options would not be sufficiently 
responsive to the current situation and modifying the membership 
structure as recommended is the best course of action to take at this 
time.
    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 the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0178. No changes in those requirements as a 
result of this action are necessary. Should any changes become 
necessary, they would be submitted to OMB for approval.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large 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. In addition, USDA has not 
identified any

[[Page 9631]]

relevant Federal rules that duplicate, overlap, or conflict with this 
rule.
    Further, the Committee's meeting was widely publicized throughout 
the Colorado potato industry and all interested persons were invited to 
attend the meeting and participate in Committee deliberations. Like all 
Committee meetings, the July 19, 2012, meeting was a public meeting and 
all entities, both large and small, were able to express their 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: 
www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about 
the compliance guide should be sent to Laurel May at the previously 
mentioned address in the FOR FURTHER INFORMATION CONTACT section.
    A 60-day comment period is provided to allow interested persons to 
respond to this proposal. 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:

PART 948--IRISH POTATOES GROWN IN COLORADO

0
1. The authority citation for 7 CFR part 948 continues to read as 
follows:

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

0
2. In Sec.  948.150, paragraph (a)(3) is revised to read as follows:


Sec.  948.150  Reestablishment of committee membership.

* * * * *
    (a) * * *
    (3) One (1) producer from either Conejos or Costilla County.
* * * * *

    Dated: February 5, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-02979 Filed 2-8-13; 8:45 am]
BILLING CODE 3410-02-P