Irish Potatoes Grown in Modoc and Siskiyou Counties, California, and in All Counties in Oregon, Except Malheur County; Termination of Marketing Order No. 947, 9984-9986 [2014-03900]
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For the Nuclear Regulatory Commission.
Annette L. Vietti-Cook,
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[FR Doc. 2014–03849 Filed 2–21–14; 8:45 am]
BILLING CODE 7590–01–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 947
[Doc. No. AMS–FV–13–0036; FV13–947–1
FR]
Irish Potatoes Grown in Modoc and
Siskiyou Counties, California, and in
All Counties in Oregon, Except
Malheur County; Termination of
Marketing Order No. 947
Agricultural Marketing Service,
USDA.
ACTION: Final rule, termination of order.
AGENCY:
This final rule terminates
Marketing Order No. 947 (order), which
regulates the handling of Irish potatoes
grown in Modoc and Siskiyou Counties,
California, and in all counties in
Oregon, except Malheur County, and the
rules and regulations issued thereunder.
The Department of Agriculture (USDA)
has determined that the marketing order
is no longer an effective marketing tool
for the Oregon-California potato
industry, and that termination serves
the current needs of the industry while
also eliminating the costs associated
with the operation of the marketing
order.
SUMMARY:
DATES:
Effective Date: February 25,
2014.
FOR FURTHER INFORMATION CONTACT:
Melissa Schmaedick, Senior Marketing
Specialist, or Michelle Sharrow,
Rulemaking Branch Chief, 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)
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720–8938 or Email:
Melissa.Schmaedick@ams.usda.gov, or
Michelle.Sharrow@ams.usda.gov.
Small businesses may request
information on complying with this
regulation 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
action is governed by section
608c(16)(A) of the Agricultural
Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601–674), hereinafter
referred to as the ‘‘Act,’’ and § 947.71 of
Marketing Agreement No. 114 and
Marketing Order No. 947, both as
amended (7 CFR part 947), effective
under the Act and hereinafter referred to
as the ‘‘order.’’
USDA is issuing this rule in
conformance with Executive Orders
12866 and 13563.
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This rule is not intended
to have retroactive effect.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
This rule terminates Federal
Marketing Order No. 947 and the rules
and regulations issued thereunder. The
order authorizes regulation of the
handling of Oregon-California potatoes.
At a meeting held in Salem, Oregon, on
March 7, 2013, the Committee
recommended termination of the order.
Section 947.71 of the order provides,
in pertinent part, that USDA terminate
or suspend any or all provisions of the
order when a finding is made that the
order does not tend to effectuate the
declared policy of the Act. In addition,
section 608c(16)(A) of the Act provides
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that USDA terminate or suspend the
operation of any order whenever the
order or any provision thereof obstructs
or does not tend to effectuate the
declared policy of the Act. Additionally,
USDA is required to notify Congress at
least 60 days before the date that the
order would be terminated.
The order has been in effect since
1942 and provides the OregonCalifornia potato industry with
authority to establish grade, size,
maturity, quality, pack and inspection
requirements. The order also authorizes
the Committee to conduct marketing
research and development projects,
collect assessments, and establish
reporting and recordkeeping
requirements.
Based on the Committee’s
recommendation, USDA suspended the
order’s handling, reporting, and
assessment collection regulations
effective July 1, 1999 (64 FR 49352). The
suspended handling regulations
(§ 947.340) specify minimum quality
requirements for potatoes produced
within the regulated production area.
When the Committee made the
recommendation to suspend the
handling regulations, the industry
believed that the costs of inspections
outweighed the benefits of having the
regulatory requirements in effect. At
that time, the Committee also
suspended assessment collection
because there were sufficient funds in
the monetary reserve to support the
Committee’s administrative functions.
Suspension of §§ 947.247 and 947.180
suspended the collection of assessments
and the reporting provision that
provided a basis for assessment
collection. The Committee also decided
to evaluate its finances and the
marketing conditions annually
thereafter to determine whether to
continue with the suspension or take
some other action.
After almost 14 years of evaluating the
effects of operating without the
handling, reporting, and assessment
collection regulations, the Committee
has determined that suspension has not
adversely impacted the OregonCalifornia potato industry. Marketing
conditions and statistics show that the
Oregon-California potato industry has
steadily declined over the past several
years, which led the Committee to
conclude that the order is no longer an
effective marketing tool. Termination
would relieve the industry of the costs
and burdens associated with the order.
Evidence reflecting the industry’s
steady decline include statistics
showing that the Oregon-California
potato industry has fewer producers and
handlers today than 30 years ago, and
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that acreage and production have
significantly decreased. For example,
USDA Marketing Order and Agreement
Division records from a 1978
continuance referendum indicate that
there were approximately 464 producers
of potatoes in the order’s production
area, while the most recent information
received from the Committee indicates
that there are now only 130 active
producers. Furthermore, Committee
records indicate that there were 47
handlers in 1978. Currently, there are
only 16 handlers. Committee records
also indicate that 6,810,195
hundredweight of Oregon-California
potatoes were shipped in 1978
compared to shipments of 3,430,548
hundredweight in 2011.
Final Regulatory Flexibility Analysis
Pursuant to the 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 16 handlers of potatoes
subject to regulation under the order
and approximately 130 potato producers
in the regulated production area. Small
agricultural service firms are defined by
the Small Business Administration
(SBA) 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. (13 CFR 121.201)
During the 2011 marketing year, the
Committee reported that 3,430,548
hundredweight of Oregon-California
potatoes were shipped into the fresh
market. Based on information from the
National Agricultural Statistics Service,
the average producer prices for Oregon
and California potatoes in 2011 were
$8.05 and $14.70 per hundredweight,
respectively. Multiplying the 2011
shipment quantity times each of the two
state’s average producer price, the
average gross annual revenue for the 130
Oregon-California potato producers is
calculated to range between $212,430
and $387,916.
Typical f.o.b. shipper prices were
estimated to be about $2.00 higher than
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9985
the average grower price per
hundredweight. The Committee
estimated handler annual receipts from
the sale of potatoes by multiplying the
estimated shipper prices by individual
handler shipment quantities. Based on
those computations, the Committee
estimated that 15 out of the 16 handlers,
approximately 94 percent, had annual
receipts of less than $7,000,000. In view
of the foregoing, the majority of OregonCalifornia potato producers and
handlers may be classified as small
entities.
This rule terminates the Federal
marketing order for Oregon-California
potatoes and the rules and regulations
issued thereunder. The order authorized
regulation of the handling of OregonCalifornia potatoes. The Committee has
determined that the order is no longer
an effective marketing tool for the
Oregon-California potato industry.
Evidence shows that suspension of the
handling regulations has not adversely
impacted the shipment of potatoes and
that the costs associated with the order
outweigh the benefits. The Committee
also believes that the decline in the
number of handlers and producers, and
the acreage and volume of OregonCalifornia potatoes supports termination
of the order. As a consequence, in a vote
at a meeting on March 7, 2013, the
Committee recommended that USDA
terminate the order.
Section 947.71 of the order provides
that USDA terminate or suspend any or
all provisions of the order when a
finding is made that the order does not
tend to effectuate the declared policy of
the Act. Furthermore, section
608c(16)(A) of the Act provides that
USDA shall terminate or suspend the
operation of any order whenever the
order or provision thereof obstructs or
does not tend to effectuate the declared
policy of the Act. An additional
provision requires that Congress be
notified not later than 60 days before the
date the order would be terminated.
The proposed termination of the order
is a regulatory relaxation and would
reduce the costs to both handlers and
producers (while marketing order
requirements are applied to handlers,
the costs of such requirements are often
passed on to producers). Furthermore,
following a period of approximately 14
years of regulatory suspension, the
Committee has determined that
termination of the order would not
adversely impact the Oregon-California
potato industry.
The Committee considered
alternatives to this rule, including
continuing with the suspension of the
handling regulations, which would
require no regulatory action at this time;
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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,
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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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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
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]]>Agencies
[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Rules and Regulations]
[Pages 9984-9986]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03900]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 947
[Doc. No. AMS-FV-13-0036; FV13-947-1 FR]
Irish Potatoes Grown in Modoc and Siskiyou Counties, California,
and in All Counties in Oregon, Except Malheur County; Termination of
Marketing Order No. 947
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule, termination of order.
-----------------------------------------------------------------------
SUMMARY: This final rule terminates Marketing Order No. 947 (order),
which regulates the handling of Irish potatoes grown in Modoc and
Siskiyou Counties, California, and in all counties in Oregon, except
Malheur County, and the rules and regulations issued thereunder. The
Department of Agriculture (USDA) has determined that the marketing
order is no longer an effective marketing tool for the Oregon-
California potato industry, and that termination serves the current
needs of the industry while also eliminating the costs associated with
the operation of the marketing order.
DATES: Effective Date: February 25, 2014.
FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Senior Marketing
Specialist, or Michelle Sharrow, Rulemaking Branch Chief, 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:
Melissa.Schmaedick@ams.usda.gov, or Michelle.Sharrow@ams.usda.gov.
Small businesses may request information on complying with this
regulation 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 action is governed by section
608c(16)(A) of the Agricultural Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act,'' and
Sec. 947.71 of Marketing Agreement No. 114 and Marketing Order No.
947, both as amended (7 CFR part 947), effective under the Act and
hereinafter referred to as the ``order.''
USDA is issuing this rule in conformance with Executive Orders
12866 and 13563.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This rule terminates Federal Marketing Order No. 947 and the rules
and regulations issued thereunder. The order authorizes regulation of
the handling of Oregon-California potatoes. At a meeting held in Salem,
Oregon, on March 7, 2013, the Committee recommended termination of the
order.
Section 947.71 of the order provides, in pertinent part, that USDA
terminate or suspend any or all provisions of the order when a finding
is made that the order does not tend to effectuate the declared policy
of the Act. In addition, section 608c(16)(A) of the Act provides
[[Page 9985]]
that USDA terminate or suspend the operation of any order whenever the
order or any provision thereof obstructs or does not tend to effectuate
the declared policy of the Act. Additionally, USDA is required to
notify Congress at least 60 days before the date that the order would
be terminated.
The order has been in effect since 1942 and provides the Oregon-
California potato industry with authority to establish grade, size,
maturity, quality, pack and inspection requirements. The order also
authorizes the Committee to conduct marketing research and development
projects, collect assessments, and establish reporting and
recordkeeping requirements.
Based on the Committee's recommendation, USDA suspended the order's
handling, reporting, and assessment collection regulations effective
July 1, 1999 (64 FR 49352). The suspended handling regulations (Sec.
947.340) specify minimum quality requirements for potatoes produced
within the regulated production area. When the Committee made the
recommendation to suspend the handling regulations, the industry
believed that the costs of inspections outweighed the benefits of
having the regulatory requirements in effect. At that time, the
Committee also suspended assessment collection because there were
sufficient funds in the monetary reserve to support the Committee's
administrative functions. Suspension of Sec. Sec. 947.247 and 947.180
suspended the collection of assessments and the reporting provision
that provided a basis for assessment collection. The Committee also
decided to evaluate its finances and the marketing conditions annually
thereafter to determine whether to continue with the suspension or take
some other action.
After almost 14 years of evaluating the effects of operating
without the handling, reporting, and assessment collection regulations,
the Committee has determined that suspension has not adversely impacted
the Oregon-California potato industry. Marketing conditions and
statistics show that the Oregon-California potato industry has steadily
declined over the past several years, which led the Committee to
conclude that the order is no longer an effective marketing tool.
Termination would relieve the industry of the costs and burdens
associated with the order.
Evidence reflecting the industry's steady decline include
statistics showing that the Oregon-California potato industry has fewer
producers and handlers today than 30 years ago, and that acreage and
production have significantly decreased. For example, USDA Marketing
Order and Agreement Division records from a 1978 continuance referendum
indicate that there were approximately 464 producers of potatoes in the
order's production area, while the most recent information received
from the Committee indicates that there are now only 130 active
producers. Furthermore, Committee records indicate that there were 47
handlers in 1978. Currently, there are only 16 handlers. Committee
records also indicate that 6,810,195 hundredweight of Oregon-California
potatoes were shipped in 1978 compared to shipments of 3,430,548
hundredweight in 2011.
Final Regulatory Flexibility Analysis
Pursuant to the 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 16 handlers of potatoes subject to regulation under the
order and approximately 130 potato producers in the regulated
production area. Small agricultural service firms are defined by the
Small Business Administration (SBA) 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. (13 CFR 121.201)
During the 2011 marketing year, the Committee reported that
3,430,548 hundredweight of Oregon-California potatoes were shipped into
the fresh market. Based on information from the National Agricultural
Statistics Service, the average producer prices for Oregon and
California potatoes in 2011 were $8.05 and $14.70 per hundredweight,
respectively. Multiplying the 2011 shipment quantity times each of the
two state's average producer price, the average gross annual revenue
for the 130 Oregon-California potato producers is calculated to range
between $212,430 and $387,916.
Typical f.o.b. shipper prices were estimated to be about $2.00
higher than the average grower price per hundredweight. The Committee
estimated handler annual receipts from the sale of potatoes by
multiplying the estimated shipper prices by individual handler shipment
quantities. Based on those computations, the Committee estimated that
15 out of the 16 handlers, approximately 94 percent, had annual
receipts of less than $7,000,000. In view of the foregoing, the
majority of Oregon-California potato producers and handlers may be
classified as small entities.
This rule terminates the Federal marketing order for Oregon-
California potatoes and the rules and regulations issued thereunder.
The order authorized regulation of the handling of Oregon-California
potatoes. The Committee has determined that the order is no longer an
effective marketing tool for the Oregon-California potato industry.
Evidence shows that suspension of the handling regulations has not
adversely impacted the shipment of potatoes and that the costs
associated with the order outweigh the benefits. The Committee also
believes that the decline in the number of handlers and producers, and
the acreage and volume of Oregon-California potatoes supports
termination of the order. As a consequence, in a vote at a meeting on
March 7, 2013, the Committee recommended that USDA terminate the order.
Section 947.71 of the order provides that USDA terminate or suspend
any or all provisions of the order when a finding is made that the
order does not tend to effectuate the declared policy of the Act.
Furthermore, section 608c(16)(A) of the Act provides that USDA shall
terminate or suspend the operation of any order whenever the order or
provision thereof obstructs or does not tend to effectuate the declared
policy of the Act. An additional provision requires that Congress be
notified not later than 60 days before the date the order would be
terminated.
The proposed termination of the order is a regulatory relaxation
and would reduce the costs to both handlers and producers (while
marketing order requirements are applied to handlers, the costs of such
requirements are often passed on to producers). Furthermore, following
a period of approximately 14 years of regulatory suspension, the
Committee has determined that termination of the order would not
adversely impact the Oregon-California potato industry.
The Committee considered alternatives to this rule, including
continuing with the suspension of the handling regulations, which would
require no regulatory action at this time;
[[Page 9986]]
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 Sec. 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, 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]
0
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
