Irish Potatoes Grown in Colorado; Decreased Assessment Rate for Area No. 2, 9986-9987 [2014-03848]
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9986
Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Rules and Regulations
however, this would require the
Committee to continue collecting
assessments and enforcing the reporting
requirements. The Committee also
considered requesting a producer
continuance referendum. The
Committee did not support either
option, and instead recommended that
the order be terminated.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
Chapter 35), the information collection
requirements being terminated were
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0178, Generic
Vegetable and Specialty Crops.
Termination of the reporting
requirements under the marketing order
would reduce the reporting and
recordkeeping burden on California and
Oregon potato handlers by 316.42 hours,
and should further reduce industry
expenses.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jeffrey Smutny
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
A proposed rule inviting comments
regarding the termination of Federal
Marketing Order 947 was published in
the Federal Register on July 22, 2013
(78 FR 43827). The Committee
distributed the rule to handlers and
producers. In addition, the rule was
made available on the internet by the
USDA and the Office of the Federal
Register. The rule provided a 60-day
comment period which ended on
September 20, 2013. No comments were
received.
Based on the foregoing, and pursuant
to section 608c(16)(A) of the Act and
§ 947.71 of the order, it is hereby found
that Federal Marketing Order 947
regulating the handling of Irish potatoes
grown in Modoc and Siskiyou Counties,
California, and in all counties in
Oregon, except Malheur County, does
not tend to effectuate the declared
policy of the Act, and is therefore
terminated.
Section 8c(16)(A) of the Act requires
USDA to notify Congress at least 60
days before terminating a Federal
marketing order program. Congress was
so notified on November 12, 2013.
USDA hereby appoints Committee
Chairman, Jay Hoffman; Committee Vice
Chairman Troy Betz; Jim Baggenstos,
VerDate Mar<15>2010
15:17 Feb 21, 2014
Jkt 232001
Mark Campbell, John Cross, Todd
Dimbat, Scott Fenters, Tad Kloepper,
Michael Macy, Frank Prosser, Sidney
Staunton, Dan Walchli, and Roy Wright
as trustees to conclude and liquidate the
affairs of the Committee, and to
continue in such capacity until
discharged.
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: (1) This action
relieves restrictions on handlers by
terminating the requirements of the Irish
potato order; (2) handling, reporting,
and assessment collection regulations
under the order have been suspended
since 1999; (3) the Committee
recommended termination, and all
handlers and producers in the industry
have been notified and provided an
opportunity to comment; and (4) no
useful purpose would be served by
delaying the effective date.
List of Subjects in 7 CFR Part 947
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
PART 947—[REMOVED]
For the reasons set forth in the
preamble, and under authority of 7
U.S.C. 601–674, 7 CFR part 947 is
removed.
■
Dated: February 18, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–03900 Filed 2–21–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 948
[Doc. No. AMS–FV–13–0072; FV13–948–2
FIR]
Irish Potatoes Grown in Colorado;
Decreased Assessment Rate 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 decreased the assessment rate
established for the Colorado Potato
Administrative Committee, Area No. 2
(Committee) for the 2013–2014 and
SUMMARY:
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Frm 00006
Fmt 4700
Sfmt 4700
subsequent fiscal periods from $0.0051
to $0.0033 per hundredweight of
potatoes handled. The Committee
locally administers the marketing order
for Irish potatoes grown in Colorado.
The interim rule was necessary to allow
the Committee to reduce its financial
reserve while still providing adequate
funding to meet program expenses.
DATES: Effective February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Sue
Coleman or Gary D. Olson, 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: Sue.Coleman@
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 and Executive Order 13563.
Under the order, Colorado Area No. 2
potato handlers are subject to
assessments, which provide funds to
administer the order. Assessment rates
issued under the order are intended to
be applicable to all assessable Colorado
Area No. 2 potatoes for the entire fiscal
period and continue indefinitely until
amended, suspended, or terminated.
The Committee’s fiscal period begins on
September 1 and ends on August 31.
In an interim rule published in the
Federal Register on November 22, 2013,
and effective on November 23, 2013 (78
FR 69985, Doc. No. AMS–FV–13–0072,
FV13–948–2 IR), § 948.216 was
amended by decreasing the assessment
rate established for Colorado Area No. 2
potatoes for the 2013–2014 and
subsequent fiscal periods from $0.0051
E:\FR\FM\24FER1.SGM
24FER1
Federal Register / Vol. 79, No. 36 / Monday, February 24, 2014 / Rules and Regulations
to $0.0033 per hundredweight. The
decrease in the per hundredweight
assessment rate allows the Committee to
reduce its financial reserve while still
providing adequate funding to meet
program expenses.
rmajette on DSK2TPTVN1PROD with RULES
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
rule 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
businesses 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 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 2011–2012 fiscal period,
the most recent for which statistics are
available, 15,072,963 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 $12.60 per
hundredweight, the Committee
estimates that 66 Area No. 2 handlers,
or about 83 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 the 2011 Colorado fall potato
crop was $10.70 per hundredweight.
Multiplying $10.70 by the shipment
quantity of 15,072,963 hundredweight
yields an annual crop revenue estimate
of $161,280,704. The average annual
fresh potato revenue for each of the 180
Colorado Area No. 2 potato producers is
therefore calculated to be approximately
$896,000 ($161,280,704 divided by 180),
which is greater than the SBA threshold
of $750,000. Consequently, on average,
many of the Colorado Area No. 2 potato
VerDate Mar<15>2010
15:17 Feb 21, 2014
Jkt 232001
producers may not be classified as small
entities.
This rule continues in effect the
action that decreased the assessment
rate established for the Committee and
collected from handlers for the 2013–
2014 and subsequent fiscal periods from
$0.0051 to $0.0033 per hundredweight
of potatoes. The Committee
unanimously recommended 2013–2014
expenditures of $55,745 and an
assessment rate of $0.0033. The
assessment rate of $0.0033 is $0.0018
lower than the 2012–2013 rate. The
quantity of assessable potatoes for the
2013–2014 fiscal period is estimated at
14,360,000. Thus, the $0.0033 rate
should provide $47,388 in assessment
income. Income derived from handler
assessments and funds from the
Committee’s authorized reserve will be
adequate to cover budgeted expenses.
This rule continues in effect the
action that decreased the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
decreasing the assessment rate reduces
the burden on handlers, and may reduce
the burden on producers.
In addition, the Committee’s meeting
was widely publicized throughout the
Colorado Area No. 2 potato industry and
all interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the July
18, 2013, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
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 anticipated.
Should any changes become necessary,
they would be submitted to OMB for
approval.
This action imposes no additional
reporting or recordkeeping requirements
on either small or large Colorado Area
No. 2 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.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
Comments on the interim rule were
required to be received on or before
January 21, 2014. No comments were
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
9987
received. Therefore, for 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-13-00720001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866, 12988, and
13563; 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 69985, November 22,
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.
PART 948—IRISH POTATOES GROWN
IN COLORADO
Accordingly, the interim rule
amending 7 CFR part 948, which was
published at 78 FR 69985 on November
22, 2013, is adopted as a final rule,
without change.
■
Dated: February 18, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–03848 Filed 2–21–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 966
[Doc. No. AMS–FV–13–0076; FV13–966–1
FR]
Tomatoes Grown in Florida; Increased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule increases the
assessment rate established for the
Florida Tomato Committee (Committee)
for the 2013–14 and subsequent fiscal
periods from $0.024 to $0.0375 per 25pound carton of tomatoes handled. The
Committee locally administers the
Federal marketing order, which
regulates the handling of tomatoes
grown in Florida. Assessments upon
Florida tomato handlers are used by the
SUMMARY:
E:\FR\FM\24FER1.SGM
24FER1
Agencies
[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Rules and Regulations]
[Pages 9986-9987]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03848]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 948
[Doc. No. AMS-FV-13-0072; FV13-948-2 FIR]
Irish Potatoes Grown in Colorado; Decreased Assessment Rate 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 decreased the assessment
rate established for the Colorado Potato Administrative Committee, Area
No. 2 (Committee) for the 2013-2014 and subsequent fiscal periods from
$0.0051 to $0.0033 per hundredweight of potatoes handled. The Committee
locally administers the marketing order for Irish potatoes grown in
Colorado. The interim rule was necessary to allow the Committee to
reduce its financial reserve while still providing adequate funding to
meet program expenses.
DATES: Effective February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Sue Coleman or Gary D. Olson,
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: Sue.Coleman@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 and Executive Order 13563.
Under the order, Colorado Area No. 2 potato handlers are subject to
assessments, which provide funds to administer the order. Assessment
rates issued under the order are intended to be applicable to all
assessable Colorado Area No. 2 potatoes for the entire fiscal period
and continue indefinitely until amended, suspended, or terminated. The
Committee's fiscal period begins on September 1 and ends on August 31.
In an interim rule published in the Federal Register on November
22, 2013, and effective on November 23, 2013 (78 FR 69985, Doc. No.
AMS-FV-13-0072, FV13-948-2 IR), Sec. 948.216 was amended by decreasing
the assessment rate established for Colorado Area No. 2 potatoes for
the 2013-2014 and subsequent fiscal periods from $0.0051
[[Page 9987]]
to $0.0033 per hundredweight. The decrease in the per hundredweight
assessment rate allows the Committee to reduce its financial reserve
while still providing adequate funding to meet program expenses.
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 rule 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
businesses 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 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 2011-2012 fiscal period, the most recent for which
statistics are available, 15,072,963 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 $12.60 per
hundredweight, the Committee estimates that 66 Area No. 2 handlers, or
about 83 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 the
2011 Colorado fall potato crop was $10.70 per hundredweight.
Multiplying $10.70 by the shipment quantity of 15,072,963 hundredweight
yields an annual crop revenue estimate of $161,280,704. The average
annual fresh potato revenue for each of the 180 Colorado Area No. 2
potato producers is therefore calculated to be approximately $896,000
($161,280,704 divided by 180), which is greater than the SBA threshold
of $750,000. Consequently, on average, many of the Colorado Area No. 2
potato producers may not be classified as small entities.
This rule continues in effect the action that decreased the
assessment rate established for the Committee and collected from
handlers for the 2013-2014 and subsequent fiscal periods from $0.0051
to $0.0033 per hundredweight of potatoes. The Committee unanimously
recommended 2013-2014 expenditures of $55,745 and an assessment rate of
$0.0033. The assessment rate of $0.0033 is $0.0018 lower than the 2012-
2013 rate. The quantity of assessable potatoes for the 2013-2014 fiscal
period is estimated at 14,360,000. Thus, the $0.0033 rate should
provide $47,388 in assessment income. Income derived from handler
assessments and funds from the Committee's authorized reserve will be
adequate to cover budgeted expenses.
This rule continues in effect the action that decreased the
assessment obligation imposed on handlers. Assessments are applied
uniformly on all handlers, and some of the costs may be passed on to
producers. However, decreasing the assessment rate reduces the burden
on handlers, and may reduce the burden on producers.
In addition, the Committee's meeting was widely publicized
throughout the Colorado Area No. 2 potato industry and all interested
persons were invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the July 18,
2013, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue.
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
anticipated. Should any changes become necessary, they would be
submitted to OMB for approval.
This action imposes no additional reporting or recordkeeping
requirements on either small or large Colorado Area No. 2 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.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this rule.
Comments on the interim rule were required to be received on or
before January 21, 2014. No comments were received. Therefore, for
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:
http:[sol][sol]www.regulations.gov/#!documentDetail;D=AMS-FV-13-0072-
0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866, 12988, and 13563; 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 69985, November 22, 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.
PART 948--IRISH POTATOES GROWN IN COLORADO
0
Accordingly, the interim rule amending 7 CFR part 948, which was
published at 78 FR 69985 on November 22, 2013, is adopted as a final
rule, without change.
Dated: February 18, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-03848 Filed 2-21-14; 8:45 am]
BILLING CODE 3410-02-P