Potato Research and Promotion Plan; Amend the Administrative Committee Structure and Delete the Board's Mailing Address, 52080-52083 [2013-20489]
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations
orange handlers and producers may be
classified as small entities.
This rule continues in effect the
changes that relaxed the size and grade
requirements prescribed under the
order. These changes allow additional
late season fruit to be shipped to the
fresh market, maximizing shipments
and providing additional returns to both
handlers and growers. This rule revises
the provisions of section 905.306 by
lowering the minimum size for
interstate shipments of fresh Valencia
and other late type oranges from 28⁄16
inches to 24⁄16 inches from May 15 to
August 31 each season. This rule further
revises section 905.306 by lowering the
minimum grade for interstate shipments
of Valencia and other late type oranges
from a U.S. No. 1 to a U.S. No. 1 Golden
from May 15, 2013, to June 14, 2013,
and to a U.S. No. 2 external/U.S. No. 1
internal from June 15, 2013, to August
31, 2013. Authority for these changes is
provided for in section 905.52.
This action does not impose any
additional costs on the industry.
However, it is anticipated that this
action will have a beneficial impact.
Relaxing size and grade requirements
for Valencia and other late type oranges
from May 15 to August 31 will make
additional fruit available for shipment
to the fresh market, providing the
opportunity to supply the potential food
service industry market. The Committee
believes that relaxing the size and grade
requirements provides an outlet for fruit
that may otherwise go un-harvested.
This action allows more fruit to be
shipped to the fresh market and
increases returns to both handlers and
growers. The benefits of this rule are
expected to be equally available to all
fresh citrus growers and handlers,
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. 0581–0189, Generic
Fruit 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
Florida citrus 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
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relevant Federal rules that duplicate,
overlap, or conflict with this rule.
Further, the Committee meeting was
widely publicized throughout the
Florida citrus industry. All interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the January 8, 2013, meeting
was a public meeting. 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 July
15, 2013. One comment in favor of the
action was 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-13-00090001.
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 28115, May 14, 2013)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 905
Grapefruit, Marketing agreements,
Oranges, Reporting and recordkeeping
requirements, Tangelos, Tangerines.
Accordingly, the interim rule that
amended 7 CFR part 905, which was
published at 78 FR 28115 on May 14,
2013, is adopted as a final rule, without
change.
Dated: August 16, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2013–20479 Filed 8–21–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1207
[Document Number AMS–FV–13–0027]
Potato Research and Promotion Plan;
Amend the Administrative Committee
Structure and Delete the Board’s
Mailing Address
AGENCY:
Agricultural Marketing Service,
USDA.
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ACTION:
Final rule.
This rule amends the
structure of the Administrative
Committee (Committee) of the U.S.
Potato Board (Board) and deletes the
Board’s mailing address from the Potato
Research and Promotion Plan. The Plan
is administered by the Board with
oversight by the U.S. Department of
Agriculture (USDA). Under the Plan,
there are seven Committee ViceChairperson positions. The Board has
recommended that these positions be
increased to nine. This change is
intended to facilitate increased
involvement in the Board’s leadership
opportunities. Further, the Board’s
office has been relocated and the
address must be changed in the
regulations. The deletion of the Board’s
mailing address from the regulations
will require no further amendment to
the regulations if the Board’s office is
relocated again.
SUMMARY:
DATES:
Effective Date: August 23, 2013.
FOR FURTHER INFORMATION CONTACT:
Patricia A. Petrella, Marketing
Specialist, Promotion and Economics
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., Room 1406–S, Stop 0244,
Washington, DC 20250–0244; telephone:
(301) 334–2891; toll free (888) 720–
9917; facsimile (202) 205–2800; or
electronic mail: Patricia.Petrella@
ams.usda.gov.
This rule
is issued under the Potato Research and
Promotion Plan (Plan) (7 CFR part
1207). The Plan is authorized under the
Potato Research and Promotion Act
(Act) (7 U.S.C. 2611–2627).
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and Executive
Order 13563
Executive Order 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated as ‘‘non-significant
regulatory action’’ under section 3(f) of
Executive Order 12866. Accordingly,
the Office of Management and Budget
(OMB) has waived the review process.
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. It is not intended to have
retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 311 of the Act (7 U.S.C. 2620),
a person subject to a plan may file a
petition with USDA stating that such
plan, any provision of such plan, or any
obligation imposed in connection with
such plan, is not in accordance with law
and request a modification of such plan
or to be exempted therefrom. Such
person 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 such person is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided that a complaint is filed not
later than 20 days after date of the entry
of the ruling.
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Background
This rule amends the structure of the
Committee of the Board and deletes the
Board’s mailing address from the
regulations. The Plan is administered by
the Board with oversight by USDA.
Under the Plan, assessments are
collected from handlers and importers
and used for projects to promote
potatoes and potato products.
This rule modifies the structure of the
Board’s Administrative Committee as
prescribed in the Plan by increasing the
number of Vice-Chairperson positions
on the Committee from seven to nine.
These additional positions would be
allocated, as provided in the Board’s
bylaws, to the Northwest and North
Central caucuses. The Northwest district
includes Alaska, Idaho, Montana,
Oregon and Washington. The North
Central district includes Illinois,
Indiana, Iowa, Michigan, Missouri,
Minnesota, North Dakota, Ohio, South
Dakota, and Wisconsin. With this
action, Board representation at the
executive level for potato producers in
the Northwest district increases from
28.5 percent to 33 percent and in the
North Central district from 14 percent to
22 percent.
Section 1207.327(b) of the regulations
provides the authority to the Board to
make rules and regulations, with USDA
approval, to effectuate the terms and
conditions of the Plan. Section
1207.328(a) of the Plan provides the
authority to the Board to select from its
members such officers as may be
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necessary and to adopt such rules for
the conduct of its business as the Board
may deem advisable.
Section 1207.507(a) of the Plan’s
administrative rules delineates the
structure of the Board’s Administrative
Committee. The Committee is selected
from among Board members, and is
composed mostly of producer members,
with one or more importer member(s),
and the public member. The Board,
through the adoption of its bylaws, may
prescribe the manner of selection and
the number of members; except that the
regulations mandate that the Committee
shall include a Chairperson and a fixed
number of Vice-Chairpersons. The
change is intended to facilitate
increased involvement in the Board’s
leadership opportunities from the
Northwest and North Central caucuses
and possibly increase diversity at higher
positions on the Board.
Prior to this change, the Plan
provided for seven Vice-Chairperson
positions on the Committee. ViceChairperson positions are allocated in
the Board’s bylaws to represent
production districts as determined by
the Board. This action increases the
number of Vice-Chairperson positions to
nine. The additional Vice-Chairpersons
would be allocated to the Northwest and
North Central caucuses, which
historically have been the caucuses with
the greatest production.
The second change will delete the
Board’s mailing address from the Plan’s
rules and regulations. Section 1207.501
of the Plan specifies that all
communications in connection with the
Plan shall be addressed to: National
Potato Promotion Board, 7555 East
Hampden Avenue, Suite 412, Denver,
Colorado, 80231. The Board moved to a
new location within Denver, Colorado.
Therefore, this section would need to be
amended. However, USDA is
recommending that this section be
deleted so no further amendment would
be required if the Board moves its office
in the future. Interested persons wanting
to contact the Board can reach them
through their Web site, Facebook, or
smartphone application.
Board Recommendation
The Board met on March 14, 2013,
and unanimously recommended
amending the Committee structure of
the Board and amending the Board’s
mailing address from the Plan. This
action would contribute to effective
administration of the program.
Initial Regulatory Flexibility Act
Analysis
In accordance with the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601–
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52081
612), AMS is required to examine the
impact of the rule on small entities.
Accordingly, AMS has considered the
economic impact of this action on small
entities.
According to the Board, it is estimated
that in 2013 there are about 2,500
producers, 1,030 handlers and 240
importers of potatoes and potato
products who are subject to the
provisions of the Plan.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions so
that small businesses will not be
disproportionately burdened. The Small
Business Administration defines, in 13
CFR Part 121, small agricultural
producers as those having annual
receipts of no more than $750,000 and
small agricultural service firms
(domestic handlers and importers) as
those having annual receipts of no more
than $7.0 million. Under these
definitions, the majority of the handlers,
producers and importers that would be
affected by this rule would be
considered small entities.
This rule amends the structure of the
Administrative Committee of the Board
and deletes the Board’s mailing address
from the regulations. The Plan is
administered by the Board with
oversight by the U.S. Department of
Agriculture (USDA). As provided for in
the regulations, there are seven
Committee Vice-Chairperson positions.
The Board has recommended that these
positions be increased to nine ViceChairpersons. This change is intended
to facilitate increased involvement in
the Board’s leadership opportunities.
The deletion of the Board’s mailing
address will require no further
amendment to the regulations if the
Board’s office is relocated. The Board’s
office is being relocated without the
amendment to the regulations made in
this final rule. A change to the
regulations would be necessary.
This rule will amend section
1207.507(a) of the regulations by
changing the number of ViceChairperson positions from seven to
nine. Also, the Board’s office address
will be removed from § 1207.501 of the
regulations.
Regarding the economic impact of this
rule on affected entities, this action will
impose no costs on producers, handlers,
and importers as a result of this action.
Both changes are administrative in
nature; it would merely provide
additional opportunities for increased
involvement by producers in the
Board’s leadership opportunities from
the larger production areas.
Regarding alternatives, one option to
the action would be to maintain the
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations
tkelley on DSK3SPTVN1PROD with RULES
status quo and not change the
Administrative Committee structure.
This will not alleviate the concerns
voiced by the Northwest and North
Central caucuses for more
representation and leadership
opportunities. The Board also
considered combining the Southwest
caucus into the Northwest caucus. The
Board concluded that this would cause
the Southwest producers to lose their
representation as there are more
Northwest producers and the available
seats could possibly be absorbed by all
Northwest producers. Therefore, the
recommendation was approved, as it
will allow greater opportunity for
producers from the Board’s two largest
caucus districts to become engaged in
the Board’s leadership structure. This
action will also make the representation
on the Board more equitable according
to production.
A proposed rule concerning this
action was published in the Federal
Register on June 28, 2013 (78 FR 38846).
The proposal was made available
through the Internet by USDA, the
Office of the Federal Register, and the
Board. A 15-day comment period
ending July 15, 2013, was provided to
allow interested persons to submit
comments.
Analysis of Comment
One comment was received in
response to the proposed rule. The
comment is addressed in the following
paragraphs. The commenter raised a
number of issues concerning the need
for the program to spend American tax
dollars and that another Federal
bureaucracy is unnecessary; retaining
the Board’s address in the regulatory
text; decreasing the number of ViceChairpersons to five; and conducting
meetings by video or webinar.
One issue that the commenter raised
was that there is no need for the
program to spend American tax dollars
and that another Federal bureaucracy is
unnecessary. The program is paid for by
the potato industry through assessments
on domestic handlers and importers.
Research and promotion programs
overseen by USDA are self-help
programs funded by their respective
industry and do not receive taxpayer
funds. The Potato Research and
Promotion Program authorized by the
Potato Research and Promotion Act and
the Potato Research and Promotion Plan
itself was established in March 1972.
Another issue stated by the
commenter was that the Board’s address
should be retained in the regulatory
text. The deletion of the Board’s mailing
address from the regulatory text will
require no further amendments to the
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regulations. The Board can easily be
contacted by using their Web site,
Facebook or smartphone application.
Further, the Board’s Web site in
addition to the USDA Web site contain
the Board’s address. In addition,
deleting the address is a cost savings
measure to the potato industry since no
further rulemaking will be necessary if
the Board moves its offices in the future.
The commenter also recommended
that the Vice-Chairpersons should be
decreased to five instead of nine as
proposed by the Board. The Board
recommended this change and
discussed it thoroughly at various
meetings. The change will facilitate
increased involvement in the Board’s
leadership opportunities from the
Northwest and North Central caucuses
and possibly increase diversity at higher
positions on the Board. Decreasing the
number of Vice-Chairpersons on the
Board would not accomplish the intent
of the change.
Finally, the commenter commented
that Board meetings should be on the
web and videoed for the public to view.
The Board meets in person once a year
and the Administrative Committee
meets three times a year. During certain
circumstances committees will meet by
teleconference. All meetings of the
Board are open to the public and
minutes of all the meetings are
available. Accordingly, based upon our
consideration of the comment received
no changes have been made to the
regulatory text.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection
and recordkeeping requirements that are
imposed by the Order have been
approved previously under OMB
control number 0581–0093. This rule
will not result in a change to the
information collection and
recordkeeping requirements previously
approved and will impose no additional
reporting and recordkeeping burden on
potato producers, handlers, and
importers.
As with all Federal promotion
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. Finally, USDA has not
identified any relevant Federal rules
that duplicate, overlap, or conflict with
this rule.
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.
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Regarding outreach efforts, this action
was discussed by the Board at meetings
over the past year. Board members
discussed the changes with their
respective regions and received positive
feedback. The Board met in March 2013
and unanimously made its
recommendation. All of the Board’s
meetings, including meetings held via
teleconference, are open to the public
and interested persons are invited to
participate and express their views.
After consideration of all relevant
matters presented, including the
information and recommendation
submitted by the Board and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
It is further found that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register (5
U.S.C. 553) because the Administrative
Committee is meeting on October 21,
2013, and it would be appropriate that
the additional Vice-Chairpersons should
be able to participate in those meetings.
In addition, the Board’s office has
already relocated so the address needs
to be deleted promptly. Further,
handlers, producers and importers are
aware of this rule, which was
recommended at a public meeting. Also,
a 15-day comment period was provided
for in the proposed rule.
List of Subjects in 7 CFR Part 1207
Advertising, Agricultural research,
Imports, Potatoes, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, 7 CFR part 1207 is amended
as follows:
PART 1207—POTATO RESEARCH
AND PROMOTION PLAN
1. The authority citation for 7 CFR
part 1207 continues to read as follows:
■
Authority: 7 U.S.C. 2611–2627 and 7
U.S.C. 7401.
§ 1207.507
[Removed and Reserved]
2. Section 1207.501 is removed and
reserved.
■ 3. Section 1207.507(a) is revised to
read as follows:
■
§ 1207.507
Administrative Committee.
(a) The Board shall annually select
from among its members an
Administrative Committee composed of
producer members as provided for in
the Board’s bylaws, one or more
importer members, and the public
member. Selection shall be made in
such manner as the Board may
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Rules and Regulations
prescribe: Except that such committee
shall include the Chairperson and nine
Vice-Chairpersons, one of whom shall
also serve as the Secretary and Treasurer
of the Board.
*
*
*
*
*
Dated: August 16, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
The Rule
[FR Doc. 2013–20489 Filed 8–21–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2013–0267; Airspace
Docket No. 13–ASW–2]
Amendment of Class E Airspace; Fort
Polk, LA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class E
airspace at Fort Polk, LA. Additional
controlled airspace is necessary to
accommodate new Area Navigation
(RNAV) Standard Instrument Approach
Procedures at Polk Army Airfield
(AAF). The airport’s geographic
coordinates are also adjusted. This
action enhances the safety and
management of Instrument Flight Rule
(IFR) operations at the airport.
DATES: Effective Date: 0901 UTC,
December 12, 2013. The Director of the
Federal Register approves this
incorporation by reference action under
1 CFR part 51, subject to the annual
revision of FAA Order 7400.9 and
publication of conforming amendments.
FOR FURTHER INFORMATION CONTACT:
Scott Enander, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76137; telephone 817–321–
7716.
SUMMARY:
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
History
On April 30, 2013, the FAA published
in the Federal Register a notice of
proposed rulemaking (NPRM) to amend
Class E airspace for the Fort Polk, LA,
area, creating additional controlled
airspace at Polk AAF (77 FR 25228)
Docket No. FAA–2013–0267. Interested
parties were invited to participate in
this rulemaking effort by submitting
written comments on the proposal to the
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FAA. No comments were received. Class
E airspace designations are published in
paragraph 6005 of FAA Order 7400.9W
dated August 8, 2012, and effective
September 15, 2012, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
This action amends Title 14 Code of
Federal Regulations (14 CFR) Part 71 by
amending Class E airspace extending
upward from 700 feet above the surface
to accommodate new standard
instrument approach procedures at Polk
AAF, Fort Polk, LA. A small segment
extends from the current 7.6-mile radius
of the airport to 20.2 miles north of the
airport to provide adequate controlled
airspace for the safety and management
of IFR operations at the airport.
Geographic coordinates are also be
updated to coincide with the FAA’s
aeronautical database.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation: (1) Is
not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
Section 106, describes the authority of
the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more
detail the scope of the agency’s
authority. This rulemaking is
promulgated under the authority
described in Subtitle VII, Part A,
Subpart I, Section 40103. Under that
section, the FAA is charged with
prescribing regulations to assign the use
of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends
controlled airspace at Polk AAF, Fort
Polk, LA.
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52083
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9W,
Airspace Designations and Reporting
Points, dated August 8, 2012, and
effective September 15, 2012, is
amended as follows:
■
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface
*
*
*
*
*
ASW LA E5 Fort Polk, LA [Amended]
Fort Polk, Polk AAF, LA
(Lat. 31°02′41″ N., long. 93°11′30″ W.)
Polk VORTAC
(Lat. 31°06′42″ N., long. 93°13′04″ W.)
That airspace extending upward from 700
feet above the surface within a 7.6-mile
radius of Polk AAF, and within 8 miles west
and 4 miles east of each side of the 340°
radial from the Polk VORTAC extending from
the 7.6-mile radius to 20.2 miles north of the
airport, excluding that airspace within
restricted areas R–3803A, R–3804A, and R–
3804B.
Issued in Fort Worth, Texas, on August 12,
2013.
David P. Medina,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2013–20379 Filed 8–21–13; 8:45 am]
BILLING CODE 4910–13–P
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]]>Agencies
[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Rules and Regulations]
[Pages 52080-52083]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20489]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 1207
[Document Number AMS-FV-13-0027]
Potato Research and Promotion Plan; Amend the Administrative
Committee Structure and Delete the Board's Mailing Address
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule amends the structure of the Administrative Committee
(Committee) of the U.S. Potato Board (Board) and deletes the Board's
mailing address from the Potato Research and Promotion Plan. The Plan
is administered by the Board with oversight by the U.S. Department of
Agriculture (USDA). Under the Plan, there are seven Committee Vice-
Chairperson positions. The Board has recommended that these positions
be increased to nine. This change is intended to facilitate increased
involvement in the Board's leadership opportunities. Further, the
Board's office has been relocated and the address must be changed in
the regulations. The deletion of the Board's mailing address from the
regulations will require no further amendment to the regulations if the
Board's office is relocated again.
DATES: Effective Date: August 23, 2013.
FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella, Marketing
Specialist, Promotion and Economics Division, Fruit and Vegetable
Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop
0244, Washington, DC 20250-0244; telephone: (301) 334-2891; toll free
(888) 720-9917; facsimile (202) 205-2800; or electronic mail:
Patricia.Petrella@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under the Potato
Research and Promotion Plan (Plan) (7 CFR part 1207). The Plan is
authorized under the Potato Research and Promotion Act (Act) (7 U.S.C.
2611-2627).
Executive Order 12866 and Executive Order 13563
Executive Order 12866 and 13563 direct agencies to assess all costs
and benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts, and equity). Executive order 13563
emphasizes the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This rule has been designated as ``non-significant regulatory action''
under section 3(f) of Executive Order 12866. Accordingly, the Office of
Management and Budget (OMB) has waived the review process.
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Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. It is not intended to have retroactive effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 311 of the Act (7
U.S.C. 2620), a person subject to a plan may file a petition with USDA
stating that such plan, any provision of such plan, or any obligation
imposed in connection with such plan, is not in accordance with law and
request a modification of such plan or to be exempted therefrom. Such
person 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 such
person is an inhabitant, or has his or her principal place of business,
has jurisdiction to review USDA's ruling on the petition, provided that
a complaint is filed not later than 20 days after date of the entry of
the ruling.
Background
This rule amends the structure of the Committee of the Board and
deletes the Board's mailing address from the regulations. The Plan is
administered by the Board with oversight by USDA. Under the Plan,
assessments are collected from handlers and importers and used for
projects to promote potatoes and potato products.
This rule modifies the structure of the Board's Administrative
Committee as prescribed in the Plan by increasing the number of Vice-
Chairperson positions on the Committee from seven to nine. These
additional positions would be allocated, as provided in the Board's
bylaws, to the Northwest and North Central caucuses. The Northwest
district includes Alaska, Idaho, Montana, Oregon and Washington. The
North Central district includes Illinois, Indiana, Iowa, Michigan,
Missouri, Minnesota, North Dakota, Ohio, South Dakota, and Wisconsin.
With this action, Board representation at the executive level for
potato producers in the Northwest district increases from 28.5 percent
to 33 percent and in the North Central district from 14 percent to 22
percent.
Section 1207.327(b) of the regulations provides the authority to
the Board to make rules and regulations, with USDA approval, to
effectuate the terms and conditions of the Plan. Section 1207.328(a) of
the Plan provides the authority to the Board to select from its members
such officers as may be necessary and to adopt such rules for the
conduct of its business as the Board may deem advisable.
Section 1207.507(a) of the Plan's administrative rules delineates
the structure of the Board's Administrative Committee. The Committee is
selected from among Board members, and is composed mostly of producer
members, with one or more importer member(s), and the public member.
The Board, through the adoption of its bylaws, may prescribe the manner
of selection and the number of members; except that the regulations
mandate that the Committee shall include a Chairperson and a fixed
number of Vice-Chairpersons. The change is intended to facilitate
increased involvement in the Board's leadership opportunities from the
Northwest and North Central caucuses and possibly increase diversity at
higher positions on the Board.
Prior to this change, the Plan provided for seven Vice-Chairperson
positions on the Committee. Vice-Chairperson positions are allocated in
the Board's bylaws to represent production districts as determined by
the Board. This action increases the number of Vice-Chairperson
positions to nine. The additional Vice-Chairpersons would be allocated
to the Northwest and North Central caucuses, which historically have
been the caucuses with the greatest production.
The second change will delete the Board's mailing address from the
Plan's rules and regulations. Section 1207.501 of the Plan specifies
that all communications in connection with the Plan shall be addressed
to: National Potato Promotion Board, 7555 East Hampden Avenue, Suite
412, Denver, Colorado, 80231. The Board moved to a new location within
Denver, Colorado. Therefore, this section would need to be amended.
However, USDA is recommending that this section be deleted so no
further amendment would be required if the Board moves its office in
the future. Interested persons wanting to contact the Board can reach
them through their Web site, Facebook, or smartphone application.
Board Recommendation
The Board met on March 14, 2013, and unanimously recommended
amending the Committee structure of the Board and amending the Board's
mailing address from the Plan. This action would contribute to
effective administration of the program.
Initial Regulatory Flexibility Act Analysis
In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C.
601-612), AMS is required to examine the impact of the rule on small
entities. Accordingly, AMS has considered the economic impact of this
action on small entities.
According to the Board, it is estimated that in 2013 there are
about 2,500 producers, 1,030 handlers and 240 importers of potatoes and
potato products who are subject to the provisions of the Plan.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions so that small businesses will not be
disproportionately burdened. The Small Business Administration defines,
in 13 CFR Part 121, small agricultural producers as those having annual
receipts of no more than $750,000 and small agricultural service firms
(domestic handlers and importers) as those having annual receipts of no
more than $7.0 million. Under these definitions, the majority of the
handlers, producers and importers that would be affected by this rule
would be considered small entities.
This rule amends the structure of the Administrative Committee of
the Board and deletes the Board's mailing address from the regulations.
The Plan is administered by the Board with oversight by the U.S.
Department of Agriculture (USDA). As provided for in the regulations,
there are seven Committee Vice-Chairperson positions. The Board has
recommended that these positions be increased to nine Vice-
Chairpersons. This change is intended to facilitate increased
involvement in the Board's leadership opportunities. The deletion of
the Board's mailing address will require no further amendment to the
regulations if the Board's office is relocated. The Board's office is
being relocated without the amendment to the regulations made in this
final rule. A change to the regulations would be necessary.
This rule will amend section 1207.507(a) of the regulations by
changing the number of Vice-Chairperson positions from seven to nine.
Also, the Board's office address will be removed from Sec. 1207.501 of
the regulations.
Regarding the economic impact of this rule on affected entities,
this action will impose no costs on producers, handlers, and importers
as a result of this action. Both changes are administrative in nature;
it would merely provide additional opportunities for increased
involvement by producers in the Board's leadership opportunities from
the larger production areas.
Regarding alternatives, one option to the action would be to
maintain the
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status quo and not change the Administrative Committee structure. This
will not alleviate the concerns voiced by the Northwest and North
Central caucuses for more representation and leadership opportunities.
The Board also considered combining the Southwest caucus into the
Northwest caucus. The Board concluded that this would cause the
Southwest producers to lose their representation as there are more
Northwest producers and the available seats could possibly be absorbed
by all Northwest producers. Therefore, the recommendation was approved,
as it will allow greater opportunity for producers from the Board's two
largest caucus districts to become engaged in the Board's leadership
structure. This action will also make the representation on the Board
more equitable according to production.
A proposed rule concerning this action was published in the Federal
Register on June 28, 2013 (78 FR 38846). The proposal was made
available through the Internet by USDA, the Office of the Federal
Register, and the Board. A 15-day comment period ending July 15, 2013,
was provided to allow interested persons to submit comments.
Analysis of Comment
One comment was received in response to the proposed rule. The
comment is addressed in the following paragraphs. The commenter raised
a number of issues concerning the need for the program to spend
American tax dollars and that another Federal bureaucracy is
unnecessary; retaining the Board's address in the regulatory text;
decreasing the number of Vice-Chairpersons to five; and conducting
meetings by video or webinar.
One issue that the commenter raised was that there is no need for
the program to spend American tax dollars and that another Federal
bureaucracy is unnecessary. The program is paid for by the potato
industry through assessments on domestic handlers and importers.
Research and promotion programs overseen by USDA are self-help programs
funded by their respective industry and do not receive taxpayer funds.
The Potato Research and Promotion Program authorized by the Potato
Research and Promotion Act and the Potato Research and Promotion Plan
itself was established in March 1972.
Another issue stated by the commenter was that the Board's address
should be retained in the regulatory text. The deletion of the Board's
mailing address from the regulatory text will require no further
amendments to the regulations. The Board can easily be contacted by
using their Web site, Facebook or smartphone application. Further, the
Board's Web site in addition to the USDA Web site contain the Board's
address. In addition, deleting the address is a cost savings measure to
the potato industry since no further rulemaking will be necessary if
the Board moves its offices in the future.
The commenter also recommended that the Vice-Chairpersons should be
decreased to five instead of nine as proposed by the Board. The Board
recommended this change and discussed it thoroughly at various
meetings. The change will facilitate increased involvement in the
Board's leadership opportunities from the Northwest and North Central
caucuses and possibly increase diversity at higher positions on the
Board. Decreasing the number of Vice-Chairpersons on the Board would
not accomplish the intent of the change.
Finally, the commenter commented that Board meetings should be on
the web and videoed for the public to view. The Board meets in person
once a year and the Administrative Committee meets three times a year.
During certain circumstances committees will meet by teleconference.
All meetings of the Board are open to the public and minutes of all the
meetings are available. Accordingly, based upon our consideration of
the comment received no changes have been made to the regulatory text.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the information collection and recordkeeping requirements
that are imposed by the Order have been approved previously under OMB
control number 0581-0093. This rule will not result in a change to the
information collection and recordkeeping requirements previously
approved and will impose no additional reporting and recordkeeping
burden on potato producers, handlers, and importers.
As with all Federal promotion programs, reports and forms are
periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies. Finally, USDA has
not identified any relevant Federal rules that duplicate, overlap, or
conflict with this rule.
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.
Regarding outreach efforts, this action was discussed by the Board
at meetings over the past year. Board members discussed the changes
with their respective regions and received positive feedback. The Board
met in March 2013 and unanimously made its recommendation. All of the
Board's meetings, including meetings held via teleconference, are open
to the public and interested persons are invited to participate and
express their views.
After consideration of all relevant matters presented, including
the information and recommendation submitted by the Board and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
It is further found that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register (5 U.S.C. 553) because the Administrative Committee is
meeting on October 21, 2013, and it would be appropriate that the
additional Vice-Chairpersons should be able to participate in those
meetings. In addition, the Board's office has already relocated so the
address needs to be deleted promptly. Further, handlers, producers and
importers are aware of this rule, which was recommended at a public
meeting. Also, a 15-day comment period was provided for in the proposed
rule.
List of Subjects in 7 CFR Part 1207
Advertising, Agricultural research, Imports, Potatoes, Reporting
and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 1207 is
amended as follows:
PART 1207--POTATO RESEARCH AND PROMOTION PLAN
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1. The authority citation for 7 CFR part 1207 continues to read as
follows:
Authority: 7 U.S.C. 2611-2627 and 7 U.S.C. 7401.
Sec. 1207.507 [Removed and Reserved]
0
2. Section 1207.501 is removed and reserved.
0
3. Section 1207.507(a) is revised to read as follows:
Sec. 1207.507 Administrative Committee.
(a) The Board shall annually select from among its members an
Administrative Committee composed of producer members as provided for
in the Board's bylaws, one or more importer members, and the public
member. Selection shall be made in such manner as the Board may
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prescribe: Except that such committee shall include the Chairperson and
nine Vice-Chairpersons, one of whom shall also serve as the Secretary
and Treasurer of the Board.
* * * * *
Dated: August 16, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2013-20489 Filed 8-21-13; 8:45 am]
BILLING CODE 3410-02-P
