Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2, 23829-23830 [2013-09472]

Download as PDF 23829 Rules and Regulations Federal Register Vol. 78, No. 78 Tuesday, April 23, 2013 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 948 [Doc. No. AMS–FV–12–0043; FV12–948–1 FIR] Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2 Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. AGENCY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that modified the grade requirements for potatoes handled under the Colorado potato marketing order, Area No. 2. The interim rule relaxed the minimum grade requirement for size B and 1-inch to 13⁄4-inch diameter round, red-skinned potatoes handled under the marketing order from U.S. No. 1 to U.S. Commercial. This change is expected to facilitate the handling and marketing of the Area No. 2 potato crop, provide producers and handlers with increased returns, and supply consumers with increased potato purchasing options. DATES: Effective April 24, 2013. FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Senior 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 obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: https://www.ams.usda.gov/ tkelley on DSK3SPTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:29 Apr 22, 2013 Jkt 229001 MarketingOrdersSmallBusinessGuide; or by contacting Jeffrey Smutny, 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: Jeffrey.Smutny@ams.usda.gov. SUPPLEMENTARY INFORMATION: This rule 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. The handling of Irish potatoes grown in Colorado is regulated by 7 CFR part 948. Prior to this action, the minimum grade requirement for size B and 1-inch to 13⁄4-inch diameter round, red-skinned potatoes handled under the Colorado potato marketing order was U.S. No. 1. Under such grade requirements, industry participants were not able to pursue the emerging market for smaller diameter round, red-skinned U.S. Commercial grade potatoes sold in consumer packs and included in certain value added potato products. Relaxing the minimum grade requirement for such potatoes allows area handlers to pursue this new market category. Therefore, this rule continues in effect the rule that relaxed the minimum grade requirement for size B and 1-inch to 13⁄4-inch diameter round, red-skinned potatoes handled under the order from U.S. No. 1 to U.S. Commercial. In an interim rule published in the Federal Register on January 2, 2013, and effective on January 3, 2013 (78 FR 3, Doc. No. AMS–FV–12–0043, FV12– 948–1 IR), § 948.386 was amended by relaxing the minimum grade requirement for size B and 1-inch to 13⁄4-inch diameter round, red-skinned potatoes handled under the marketing order from U.S. No. 1 to U.S. Commercial. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 final 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 continues in effect the action that relaxed the minimum grade requirement for size B and 1-inch to 13⁄4-inch diameter round, red-skinned potato varieties from U.S. No. 1 grade to E:\FR\FM\23APR1.SGM 23APR1 tkelley on DSK3SPTVN1PROD with RULES 23830 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations U.S. Commercial. This change provides greater flexibility to handlers in the marketing of the Colorado potato crop. Authority for this action is contained in §§ 948.21 and 948.22. This relaxation is expected to benefit the producers, handlers, and consumers of Colorado potatoes by allowing a greater quantity of fresh potatoes from the production area to enter the market. This anticipated increase in volume is expected to translate into greater returns for handlers and producers, and more purchasing options for consumers. This action is not expected to increase costs associated with the order requirements. Rather, this action makes additional product available to the market and has the potential to increase industry returns. The opportunities and benefits that may result from this rule are equally available to all Colorado potato handlers and producers, regardless of their size. 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 (Generic Vegetable and Specialty Crops). 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 grapefruit 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. In addition, USDA has not identified any 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. Comments on the interim rule were required to be received on or before March 4, 2013. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: https://www.regulations.gov/ VerDate Mar<15>2010 14:43 Apr 22, 2013 Jkt 229001 #!documentDetail;D=AMS-FV-12-00430001. This action also affirms information contained in the interim rule concerning Executive Orders 12866 and 12988, the Paperwork Reduction Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (78 FR 3, January 2, 2013) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 948 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. Accordingly, the interim rule that amended 7 CFR part 948 and was published at 78 FR 3 on January 2, 2013, is adopted as a final rule, without change. Dated: April 17, 2013. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2013–09472 Filed 4–22–13; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 Docket No. FAA–2012–1131; Directorate Identifier 2012–NE–34–AD; Amendment 39– 17440; AD 2013–08–22] RIN 2120–AA64 Airworthiness Directives; Turbomeca S.A. Turboshaft Engines Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: We are adopting a new airworthiness directive (AD) for certain Turbomeca S.A. Arriel 1A1, 1A2, 1B, 1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, and 1S1 turboshaft engines. This AD requires daily post-flight checks of the engine tachometer’s unit cycle-counting feature. This AD also requires groundrun functional checks within every 1,000 operating hours. This AD was prompted by detailed analysis and review of the accuracy of the engine’s tachometer cycle-counting feature. We are issuing this AD to prevent uncontained engine failure and damage to the helicopter. DATES: This AD becomes effective May 28, 2013. SUMMARY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 The Docket Operations office is located at Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12–140, Washington, DC 20590–0001. FOR FURTHER INFORMATION CONTACT: Sanjana Murthy, Aerospace Engineer, Engine Certification Office, FAA, Engine & Propeller Directorate, 12 New England Executive Park, Burlington, MA 01803; phone: 781–238–7750; fax: 781–238– 7199; email: sanjana.murthy@faa.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: Discussion We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to include an AD that would apply to the specified products. That NPRM was published in the Federal Register on December 11, 2012 (77 FR 73557). That NPRM proposed to correct an unsafe condition for the specified products. The mandatory continuing airworthiness information (MCAI) states: Following detailed analysis and review of in-service feedback performed by Turbomeca on the Arriel 1 engines, the chapter 05–10 Airworthiness Limitation Section (ALS) of Arriel 1 Maintenance Manuals has been updated in order to clarify the definition and update the requirements relative to the cycle counting aid system (modification introduced in production by Turbomeca modification TU207 or TU243 and in-service, respectively, by Turbomeca Service Bulletin (SB) 292 80 0190 or SB 292 80 0168), add associated maintenance tasks, and modify the Power Turbine (PT) partial cycle counting method. The SBs referenced above introduced the tachometer. The tachometer’s cyclecounting feature, in some instances, produced results inconsistent with ground run checks. The inaccurate cycle-counting results of the tachometer can lead to exceeding life limits on critical rotating parts, which can cause uncontained engine failure and damage to the helicopter. Comments We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM (77 FR 73557, December 11, 2012). Actions Since We Issued the Proposed Rule Since we issued the NPRM (77 FR 73557, December 11, 2012), the European Aviation Safety Agency (EASA) issued revised MCAI (EASA AD 2012–0187R2, dated December 6, 2012), which states that for affected engines that have a tachometer installed, but the E:\FR\FM\23APR1.SGM 23APR1

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[Federal Register Volume 78, Number 78 (Tuesday, April 23, 2013)]
[Rules and Regulations]
[Pages 23829-23830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09472]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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


Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules 
and Regulations

[[Page 23829]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 948

[Doc. No. AMS-FV-12-0043; FV12-948-1 FIR]


Irish Potatoes Grown in Colorado; Modification of the Handling 
Regulation for Area No. 2

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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

SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that modified the grade 
requirements for potatoes handled under the Colorado potato marketing 
order, Area No. 2. The interim rule relaxed the minimum grade 
requirement for size B and 1-inch to 1\3/4\-inch diameter round, red-
skinned potatoes handled under the marketing order from U.S. No. 1 to 
U.S. Commercial. This change is expected to facilitate the handling and 
marketing of the Area No. 2 potato crop, provide producers and handlers 
with increased returns, and supply consumers with increased potato 
purchasing options.

DATES: Effective April 24, 2013.

FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Senior 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 obtain information on complying with this and 
other marketing order regulations by viewing a guide at the following 
Web site: https://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or 
by contacting Jeffrey Smutny, 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: Jeffrey.Smutny@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This rule 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.
    The handling of Irish potatoes grown in Colorado is regulated by 7 
CFR part 948. Prior to this action, the minimum grade requirement for 
size B and 1-inch to 1\3/4\-inch diameter round, red-skinned potatoes 
handled under the Colorado potato marketing order was U.S. No. 1. Under 
such grade requirements, industry participants were not able to pursue 
the emerging market for smaller diameter round, red-skinned U.S. 
Commercial grade potatoes sold in consumer packs and included in 
certain value added potato products. Relaxing the minimum grade 
requirement for such potatoes allows area handlers to pursue this new 
market category. Therefore, this rule continues in effect the rule that 
relaxed the minimum grade requirement for size B and 1-inch to 1\3/4\-
inch diameter round, red-skinned potatoes handled under the order from 
U.S. No. 1 to U.S. Commercial.
    In an interim rule published in the Federal Register on January 2, 
2013, and effective on January 3, 2013 (78 FR 3, Doc. No. AMS-FV-12-
0043, FV12-948-1 IR), Sec.  948.386 was amended by relaxing the minimum 
grade requirement for size B and 1-inch to 1\3/4\-inch diameter round, 
red-skinned potatoes handled under the marketing order from U.S. No. 1 
to U.S. Commercial.

Final 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 final 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 continues in effect the action that relaxed the minimum 
grade requirement for size B and 1-inch to 1\3/4\-inch diameter round, 
red-skinned potato varieties from U.S. No. 1 grade to

[[Page 23830]]

U.S. Commercial. This change provides greater flexibility to handlers 
in the marketing of the Colorado potato crop. Authority for this action 
is contained in Sec. Sec.  948.21 and 948.22.
    This relaxation is expected to benefit the producers, handlers, and 
consumers of Colorado potatoes by allowing a greater quantity of fresh 
potatoes from the production area to enter the market. This anticipated 
increase in volume is expected to translate into greater returns for 
handlers and producers, and more purchasing options for consumers.
    This action is not expected to increase costs associated with the 
order requirements. Rather, this action makes additional product 
available to the market and has the potential to increase industry 
returns. The opportunities and benefits that may result from this rule 
are equally available to all Colorado potato handlers and producers, 
regardless of their size.
    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 (Generic Vegetable and Specialty Crops). 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 grapefruit 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. In addition, USDA has not identified any 
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.
    Comments on the interim rule were required to be received on or 
before March 4, 2013. No comments were received. Therefore, for the 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: https://www.regulations.gov/#!documentDetail;D=AMS-FV-12-0043-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866 and 12988, the Paperwork Reduction 
Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (78 FR 3, January 2, 2013) will tend to effectuate the 
declared policy of the Act.

List of Subjects in 7 CFR Part 948

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    Accordingly, the interim rule that amended 7 CFR part 948 and was 
published at 78 FR 3 on January 2, 2013, is adopted as a final rule, 
without change.

    Dated: April 17, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-09472 Filed 4-22-13; 8:45 am]
BILLING CODE 3410-02-P

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