Irish Potatoes Grown in Washington; Temporary Change to the Handling Regulations and Reporting Requirements for Yellow Fleshed and White Types of Potatoes, 24997-24999 [2014-10036]
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Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations
APHIS expects any impacts of the rule
for these businesses to be minor.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
collection or recordkeeping
requirements included in this final rule,
which were filed under 0579–0411,
have been submitted for approval to the
Office of Management and Budget
(OMB). When OMB notifies us of its
decision, if approval is denied, we will
publish a document in the Federal
Register providing notice of what action
we plan to take.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance 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. For information pertinent to
E-Government Act compliance related
to this rule, please contact Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 851–2908.
List of Subjects in 7 CFR Part 319
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Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. Section 319.56–67 is added to read
as follows:
This final rule allows cape gooseberry
to be imported into the United States
from Colombia. State and local laws and
regulations regarding cape gooseberry
imported under this rule will be
preempted while the fruit is in foreign
commerce. Fresh fruits are generally
imported for immediate distribution and
sale to the consuming public and would
remain in foreign commerce until sold
to the ultimate consumer. The question
of when foreign commerce ceases in
other cases must be addressed on a caseby-case basis. No retroactive effect will
be given to this rule, and this rule will
not require administrative proceedings
before parties may file suit in court
challenging this rule.
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we are amending 7 CFR
part 319 as follows:
16:05 May 01, 2014
1. The authority citation for part 319
continues to read as follows:
■
■
Executive Order 12988
VerDate Mar<15>2010
PART 319—FOREIGN QUARANTINE
NOTICES
Jkt 232001
§ 319.56–67
Colombia.
Cape gooseberry from
Cape gooseberry (Physalis peruviana)
may be imported into the United States
from Colombia in accordance with the
conditions described in this section.
These conditions are designed to
prevent the introduction of Ceratitis
capitata.
(a) Workplan. The national plant
protection organization (NPPO) of
Colombia must provide a bilateral
workplan to APHIS that details the
activities that the NPPO will, subject to
APHIS’ approval, carry out to meet the
requirements of this section. APHIS will
be directly involved with the NPPO in
the monitoring and auditing
implementation of the systems
approach.
(b) Places of production. (1) All places
of production must be registered with
the NPPO of Colombia.
(2) All places of production must be
located within the C. capitata low
prevalence area of the Bogota Savannah
and the neighboring municipalities
above 2,200 meters in the Departments
´
of Boyaca and Cundinamarca.
(c) Mitigation measures for C.
capitata. (1) Trapping for C. capitata
must be conducted in the places of
production in accordance with the
bilateral workplan to demonstrate that
those places are free of C. capitata.
Specific trapping requirements must be
included in the bilateral workplan. The
NPPO of Colombia must keep records of
fruit fly detections for each trap and
make the records available to APHIS
upon request.
(2) All fruit flies trapped must be
reported to APHIS immediately. Capture
of C. capitata will result in immediate
cancellation of exports from farms
within 5 square kilometers of the
detection site. An additional 50 traps
must be placed in the 5 square kilometer
area surrounding the detection site. If a
second detection is made within the
detection areas within 30 days of a
previous capture, eradication using a
bait spray agreed upon by APHIS and
the NPPO of Colombia must be initiated
in the detection area. Treatment must
continue for at least 2 months. Exports
may resume from the detection area
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24997
when APHIS and the NPPO of Colombia
agree the risk has been mitigated.
(d) Post-harvest procedures. The cape
gooseberry must be packed in boxes
marked with the identity of the
originating farm. The boxes must be
packed in sealed and closed containers
before being shipped.
(e) Phytosanitary inspection. After
packing, the NPPO of Colombia must
visually inspect a biometric sample of
cape gooseberry at a rate jointly
approved by APHIS and the NPPO of
Colombia, and cut open the sampled
fruit to detect C. capitata.
(f) Commercial consignments. The
cape gooseberry must be imported in
commercial consignments only.
(g) Phytosanitary certificate. Each
consignment of cape gooseberry must be
accompanied by a phytosanitary
certificate issued by the NPPO of
Colombia containing an additional
declaration stating that the fruit
originated from a place of production
free of C. capitata within the low
prevalence area of Bogota Savannah and
the neighboring municipalities above
2,200 meters of elevation in the
´
Departments of Boyaca and
Cundinamarca and was produced in
accordance with the requirements of
§ 319.56–67.
(Approved by the Office of Management
and Budget under control number 0579–
0411)
Done in Washington, DC, this 28th day of
April 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–10039 Filed 5–1–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Doc. No. AMS–FV–13–0067; FV13–946–2
FIR]
Irish Potatoes Grown in Washington;
Temporary Change to the Handling
Regulations and Reporting
Requirements for Yellow Fleshed and
White Types of Potatoes
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as a
final rule.
AGENCY:
The Department of
Agriculture is adopting, as a final rule,
without change, an interim rule that
temporarily exempted yellow fleshed
SUMMARY:
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02MYR1
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24998
Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations
and white types of potatoes from
minimum quality, maturity, pack,
marking, and inspection requirements
under the Washington potato marketing
order through June 30, 2014. The
interim rule also modified an existing
report to require handlers of yellow
fleshed and white types of potatoes to
report information necessary to
administer the order during the period
that such potatoes are exempt from
handling requirements. This change is
expected to reduce overall industry
expenses and increase net returns to
producers and handlers while giving the
industry the opportunity to explore
alternative marketing strategies.
DATES: Effective May 5, 2013.
FOR FURTHER INFORMATION CONTACT:
Teresa Hutchinson, Marketing
Specialist, or Gary Olson, Regional
Director, Northwest Marketing Field
Office, Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or Email:
Teresa.Hutchinson@ams.usda.gov or
GaryD.Olson@ams.usda.gov.
Small businesses may request
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 Order No.
946, as amended (7 CFR part 946),
regulating the handling of Irish potatoes
grown in Washington, 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, 13563, and 13175.
The handling of Irish potatoes grown
in Washington is regulated by 7 CFR
part 946. Prior to this change, yellow
fleshed and white types of potatoes
were subject to the requirements
contained in the order’s handling
regulations (§ 946.336). The Washington
potato industry was concerned that the
cost of mandatory inspections for those
types of potatoes, which has increased,
may outweigh the benefits of having the
quality regulations in place. By
VerDate Mar<15>2010
16:05 May 01, 2014
Jkt 232001
exempting yellow fleshed and white
types of potatoes from handling
regulations, the industry expects to
reduce overall expenses and provide the
handlers the opportunity to explore
alternative marketing strategies.
Therefore, this rule continues in effect
the interim rule that temporarily
exempted yellow fleshed and white
types of potatoes from the order’s
handling regulations through June 30,
2014. The interim rule also modified the
order’s reporting requirements to
require reports from handlers of yellow
fleshed and white types of potatoes
through June 30, 2014. Assessments on
all fresh yellow fleshed and white types
of potatoes handled under the order will
remain in effect during the temporary
exemption.
In an interim rule published in the
Federal Register on October 23, 2013
(78 FR 62967, Doc. No. FV–13–0067,
FV13–946–2 IR), § 946.336 was changed
to exempt yellow fleshed and white
types of potatoes from handling
requirements through June 30, 2014,
and § 946.143 was modified to require
that each person handling yellow
fleshed and white types of potatoes
submit a monthly report to the
Committee during the exemption
period.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
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 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 43 handlers of Washington
potatoes subject to regulation under the
order and approximately 267 producers
in the regulated production area. Small
agricultural service firms are defined by
the Small Business Administration 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)
For the 2011–2012 marketing year, the
Committee reports that 11,018,670
hundredweight of Washington potatoes
were shipped into the fresh market.
PO 00000
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Fmt 4700
Sfmt 4700
Based on average f.o.b. prices estimated
by the USDA’s Economic Research
Service and Committee data on
individual handler shipments, the
Committee estimates that 42, or
approximately 98 percent of the
handlers, had annual receipts of less
than $7,000,000.
In addition, based on information
provided by the National Agricultural
Statistics Service, the average producer
price for Washington potatoes for 2011–
2012 was $7.90 per hundredweight. The
average gross annual revenue for the 267
Washington potato producers is
therefore calculated to be approximately
$326,021. In view of the foregoing, the
majority of Washington potato handlers
and producers may be classified as
small entities.
This rule continues in effect the
action that exempted yellow fleshed and
white types of potatoes from the
minimum quality, maturity, pack,
marking, and inspection requirements
under the order’s handling regulations
through June 30, 2014. This rule also
continues in effect the interim rule that
modified the order’s reporting
requirements to require reports from
handlers of yellow fleshed and white
types of potatoes during the exemption
period. This change is expected to
reduce overall industry expenses and
provide the industry with the
opportunity to explore alternative
marketing strategies. This rule modifies
§§ 946.143 and 946.336. Authority for
the change in the order’s rules and
regulations is provided in § 946.52 of
the order, while authority for reports
and records is provided in § 946.70.
It is not anticipated that this rule will
negatively impact small businesses.
This rule temporarily exempts yellow
fleshed and white types of potatoes from
the minimum quality, maturity, pack,
marking, and inspection requirements
contained in the order’s handling
regulations. While inspections are not
mandatory for such potatoes during the
exemption period, handlers may choose
to voluntarily have their potatoes
inspected. Handlers are thus able to
control costs based on the demands of
their customers. The opportunities and
benefits of this rule are equally available
to all Washington potato handlers and
producers, regardless of their size.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order’s information
collection requirements have been
previously approved by the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0178, Generic
Vegetable and Specialty Crops.
This rule requires the submission of a
monthly handler report for fresh yellow
E:\FR\FM\02MYR1.SGM
02MYR1
TKELLEY on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations
fleshed and white types potatoes
handled during the exemption period.
This rule modified the Russet Fresh
Potato Report established for russet type
potatoes to include yellow fleshed and
white types of potatoes during the
period those types of potatoes are
exempted from regulation. The modified
Self-Reporting Potato Form will provide
the Committee with information
necessary to track shipments and collect
assessments. AMS has submitted the
modified form and a Justification of
Change to OMB for approval.
While this rule requires a reporting
requirement for yellow fleshed and
white types of potatoes, their exemption
from handling regulations also
eliminates, for the exemption period,
the more frequent reporting
requirements imposed under the order’s
special purpose shipment exemptions
(§ 946.336(d) and (e)). Under these
paragraphs, handlers are required to
provide detailed reports whenever they
divert regulated potatoes for livestock
feed, charity, seed, prepeeling,
processing, grading and storing in
specified counties in Oregon, and
experimentation.
Therefore, any additional reporting or
recordkeeping requirements on either
small or large handlers of yellow fleshed
and white types of potatoes are expected
to be offset by the elimination of the
other reporting requirements currently
in effect. In addition, the temporary
exemption from handling regulations
and inspection requirements for yellow
fleshed and white types of potatoes is
expected to reduce industry expenses.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this rule.
The Committee’s meetings were
widely publicized throughout the
Washington potato industry and all
interested persons were invited to
participate in Committee deliberations.
All Committee meetings where this
action was discussed were public
meetings. All entities, both large and
small, were able to express views on
this issue.
Comments on the interim rule were
required to be received on or before
December 23, 2013. Three comments
were received in response to the interim
rule.
One comment supported exemption
of yellow fleshed and white types of
potatoes and urged similar action for red
types of potatoes. An interim rule was
published in the Federal Register on
February 12, 2014, (79 FR 8253)
exempting red types of potatoes from
the order’s handling regulations.
A second comment raised concerns
regarding the exemption of yellow
VerDate Mar<15>2010
16:05 May 01, 2014
Jkt 232001
fleshed and white types of potatoes with
respect to Idaho State code and the sale
of such potatoes in Idaho. Idaho State
officials should be consulted regarding
the application of state requirements, as
applicable and as is appropriate.
The third comment was received from
the Committee staff. The comment
stated that on December 10, 2013, the
Committee met to discuss the temporary
exemption of yellow fleshed and white
types of potatoes from the handling
regulations. The comment further stated
that, since October 24, 2013, the
Committee has evaluated industry cost
savings and the impact on the market
resulting from the temporary exemption.
No negative market impacts were
experienced as a result of the temporary
exemption of these potatoes from the
handling regulations. Handlers have
continued to meet their customers’
specifications, either with voluntary
inspection or with no inspection, during
the temporary exemption. As a result,
the Committee unanimously
recommended extending the exemption
period indefinitely. Such a
recommendation would result in
additional rulemaking.
Accordingly, for the reasons given in
the interim rule, USDA is 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-13-00670001.
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 62967, October 23,
2013) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 946 is amended as
follows:
PART 946—IRISH POTATOES GROWN
IN WASHINGTON
Accordingly, the interim rule that
amended 7 CFR part 946 and that was
published at 78 FR 62967 on October
23, 2013, is adopted as a final rule
without change.
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24999
Dated: April 28, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–10036 Filed 5–1–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1005, 1006 and 1007
[Doc. no. AMS–DA–07–0059; AO–388–A22,
AO–356–A43 and AO–366–A51; DA–07–03]
Milk in the Appalachian, Florida, and
Southeast Marketing Areas; Order
Amending the Orders
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This final rule amends the
Class I pricing provisions and the
maximum administrative assessment for
the Appalachian, Florida and Southeast
marketing orders. This final rule also
amends certain features of the diversion
limit, touch-base and transportation
credit provisions of the Appalachian
and Southeast milk marketing orders.
More than the required number of
producers approved the issuance of the
orders as amended.
DATES: Effective Date: May 5, 2013.
FOR FURTHER INFORMATION CONTACT:
William G. Francis, USDA/AMS/Dairy
Programs, Order Formulation and
Enforcement Branch, STOP 0231-Room
2971, 1400 Independence Avenue SW.,
Washington, DC 20250–0231, (202) 720–
7183, email address: William.francis@
ams.usda.gov.
SUMMARY:
The
provisions adopted in this final rule: (1)
Adjust the Class I pricing surface in
each county within the geographical
boundaries of the Appalachian, Florida
and Southeast marketing orders; (2)
Make diversion limit standards identical
for the Appalachian and Southeast
orders: 25 percent of deliveries to pool
plants during the months of January,
February, July, August, September,
October, and November, and 35 percent
in the months of March, April, May,
June, and December; (3) Reduce touchbase standards to one day each month
for the Appalachian and Southeast
orders; (4) Add January and February as
months when transportation credits are
paid for the Appalachian and Southeast
orders; (5) Provide for the payment of
transportation credits in the
Appalachian and Southeast orders for
full loads of supplemental milk; (6)
SUPPLEMENTARY INFORMATION:
E:\FR\FM\02MYR1.SGM
02MYR1
]]>Agencies
[Federal Register Volume 79, Number 85 (Friday, May 2, 2014)]
[Rules and Regulations]
[Pages 24997-24999]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10036]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Doc. No. AMS-FV-13-0067; FV13-946-2 FIR]
Irish Potatoes Grown in Washington; Temporary Change to the
Handling Regulations and Reporting Requirements for Yellow Fleshed and
White Types of Potatoes
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as a final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture is adopting, as a final rule,
without change, an interim rule that temporarily exempted yellow
fleshed
[[Page 24998]]
and white types of potatoes from minimum quality, maturity, pack,
marking, and inspection requirements under the Washington potato
marketing order through June 30, 2014. The interim rule also modified
an existing report to require handlers of yellow fleshed and white
types of potatoes to report information necessary to administer the
order during the period that such potatoes are exempt from handling
requirements. This change is expected to reduce overall industry
expenses and increase net returns to producers and handlers while
giving the industry the opportunity to explore alternative marketing
strategies.
DATES: Effective May 5, 2013.
FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson, Marketing
Specialist, or Gary Olson, Regional Director, Northwest Marketing Field
Office, Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or
Email: Teresa.Hutchinson@ams.usda.gov or GaryD.Olson@ams.usda.gov.
Small businesses may request 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 Order
No. 946, as amended (7 CFR part 946), regulating the handling of Irish
potatoes grown in Washington, 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, 13563, and 13175.
The handling of Irish potatoes grown in Washington is regulated by
7 CFR part 946. Prior to this change, yellow fleshed and white types of
potatoes were subject to the requirements contained in the order's
handling regulations (Sec. 946.336). The Washington potato industry
was concerned that the cost of mandatory inspections for those types of
potatoes, which has increased, may outweigh the benefits of having the
quality regulations in place. By exempting yellow fleshed and white
types of potatoes from handling regulations, the industry expects to
reduce overall expenses and provide the handlers the opportunity to
explore alternative marketing strategies.
Therefore, this rule continues in effect the interim rule that
temporarily exempted yellow fleshed and white types of potatoes from
the order's handling regulations through June 30, 2014. The interim
rule also modified the order's reporting requirements to require
reports from handlers of yellow fleshed and white types of potatoes
through June 30, 2014. Assessments on all fresh yellow fleshed and
white types of potatoes handled under the order will remain in effect
during the temporary exemption.
In an interim rule published in the Federal Register on October 23,
2013 (78 FR 62967, Doc. No. FV-13-0067, FV13-946-2 IR), Sec. 946.336
was changed to exempt yellow fleshed and white types of potatoes from
handling requirements through June 30, 2014, and Sec. 946.143 was
modified to require that each person handling yellow fleshed and white
types of potatoes submit a monthly report to the Committee during the
exemption period.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
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 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 43 handlers of Washington potatoes subject to regulation
under the order and approximately 267 producers in the regulated
production area. Small agricultural service firms are defined by the
Small Business Administration 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)
For the 2011-2012 marketing year, the Committee reports that
11,018,670 hundredweight of Washington potatoes were shipped into the
fresh market. Based on average f.o.b. prices estimated by the USDA's
Economic Research Service and Committee data on individual handler
shipments, the Committee estimates that 42, or approximately 98 percent
of the handlers, had annual receipts of less than $7,000,000.
In addition, based on information provided by the National
Agricultural Statistics Service, the average producer price for
Washington potatoes for 2011-2012 was $7.90 per hundredweight. The
average gross annual revenue for the 267 Washington potato producers is
therefore calculated to be approximately $326,021. In view of the
foregoing, the majority of Washington potato handlers and producers may
be classified as small entities.
This rule continues in effect the action that exempted yellow
fleshed and white types of potatoes from the minimum quality, maturity,
pack, marking, and inspection requirements under the order's handling
regulations through June 30, 2014. This rule also continues in effect
the interim rule that modified the order's reporting requirements to
require reports from handlers of yellow fleshed and white types of
potatoes during the exemption period. This change is expected to reduce
overall industry expenses and provide the industry with the opportunity
to explore alternative marketing strategies. This rule modifies
Sec. Sec. 946.143 and 946.336. Authority for the change in the order's
rules and regulations is provided in Sec. 946.52 of the order, while
authority for reports and records is provided in Sec. 946.70.
It is not anticipated that this rule will negatively impact small
businesses. This rule temporarily exempts yellow fleshed and white
types of potatoes from the minimum quality, maturity, pack, marking,
and inspection requirements contained in the order's handling
regulations. While inspections are not mandatory for such potatoes
during the exemption period, handlers may choose to voluntarily have
their potatoes inspected. Handlers are thus able to control costs based
on the demands of their customers. The opportunities and benefits of
this rule are equally available to all Washington potato handlers and
producers, regardless of their size.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
Chapter 35), the order's information collection requirements have been
previously approved by the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0178, Generic Vegetable and Specialty Crops.
This rule requires the submission of a monthly handler report for
fresh yellow
[[Page 24999]]
fleshed and white types potatoes handled during the exemption period.
This rule modified the Russet Fresh Potato Report established for
russet type potatoes to include yellow fleshed and white types of
potatoes during the period those types of potatoes are exempted from
regulation. The modified Self-Reporting Potato Form will provide the
Committee with information necessary to track shipments and collect
assessments. AMS has submitted the modified form and a Justification of
Change to OMB for approval.
While this rule requires a reporting requirement for yellow fleshed
and white types of potatoes, their exemption from handling regulations
also eliminates, for the exemption period, the more frequent reporting
requirements imposed under the order's special purpose shipment
exemptions (Sec. 946.336(d) and (e)). Under these paragraphs, handlers
are required to provide detailed reports whenever they divert regulated
potatoes for livestock feed, charity, seed, prepeeling, processing,
grading and storing in specified counties in Oregon, and
experimentation.
Therefore, any additional reporting or recordkeeping requirements
on either small or large handlers of yellow fleshed and white types of
potatoes are expected to be offset by the elimination of the other
reporting requirements currently in effect. In addition, the temporary
exemption from handling regulations and inspection requirements for
yellow fleshed and white types of potatoes is expected to reduce
industry expenses.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this rule.
The Committee's meetings were widely publicized throughout the
Washington potato industry and all interested persons were invited to
participate in Committee deliberations. All Committee meetings where
this action was discussed were public meetings. All entities, both
large and small, were able to express views on this issue.
Comments on the interim rule were required to be received on or
before December 23, 2013. Three comments were received in response to
the interim rule.
One comment supported exemption of yellow fleshed and white types
of potatoes and urged similar action for red types of potatoes. An
interim rule was published in the Federal Register on February 12,
2014, (79 FR 8253) exempting red types of potatoes from the order's
handling regulations.
A second comment raised concerns regarding the exemption of yellow
fleshed and white types of potatoes with respect to Idaho State code
and the sale of such potatoes in Idaho. Idaho State officials should be
consulted regarding the application of state requirements, as
applicable and as is appropriate.
The third comment was received from the Committee staff. The
comment stated that on December 10, 2013, the Committee met to discuss
the temporary exemption of yellow fleshed and white types of potatoes
from the handling regulations. The comment further stated that, since
October 24, 2013, the Committee has evaluated industry cost savings and
the impact on the market resulting from the temporary exemption. No
negative market impacts were experienced as a result of the temporary
exemption of these potatoes from the handling regulations. Handlers
have continued to meet their customers' specifications, either with
voluntary inspection or with no inspection, during the temporary
exemption. As a result, the Committee unanimously recommended extending
the exemption period indefinitely. Such a recommendation would result
in additional rulemaking.
Accordingly, for the reasons given in the interim rule, USDA is
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-13-0067-0001.
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 62967, October 23, 2013) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 946 is
amended as follows:
PART 946--IRISH POTATOES GROWN IN WASHINGTON
Accordingly, the interim rule that amended 7 CFR part 946 and that
was published at 78 FR 62967 on October 23, 2013, is adopted as a final
rule without change.
Dated: April 28, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-10036 Filed 5-1-14; 8:45 am]
BILLING CODE 3410-02-P
