Irish Potatoes Grown in Southeastern States; Suspension of Marketing Order Provisions, 50191-50192 [2015-20443]
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Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
This action decreases the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers. Decreasing the assessment
rate reduces the burden on handlers. In
addition, the Committee’s meeting was
widely publicized throughout the
Washington apricot industry, and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the May
12, 2015, meeting was a public meeting,
and all entities, both large and small,
were able to express views on this issue.
Finally, interested persons are invited to
submit comments on this interim rule,
including the regulatory and
informational impacts of this action on
small businesses.
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. 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 action imposes no additional
reporting or recordkeeping requirements
on either small or large Washington
apricot 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.
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.
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: 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.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee 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.
VerDate Sep<11>2014
15:08 Aug 18, 2015
Jkt 235001
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect, and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) The 2015–2016 fiscal
period began on April 1, 2015, and the
marketing order requires that the rate of
assessment for each fiscal period apply
to all assessable apricots handled during
such fiscal period; (2) the action
decreases the assessment rate for
assessable apricots beginning with the
2015–2016 fiscal period; (3) handlers
are aware of this action, which was
unanimously recommended by the
Committee at a public meeting and is
similar to other assessment rate actions
issued in past years; and (4) this interim
rule provides a 60-day comment period,
and all comments timely received will
be considered prior to finalization of
this rule.
List of Subjects in 7 CFR Part 922
Apricots, Marketing agreements,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 922 is amended as
follows:
PART 922—APRICOTS GROWN IN
DESIGNATED COUNTIES IN
WASHINGTON
1. The authority citation for 7 CFR
part 922 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 922.235 is revised to read
as follows:
■
§ 922.235
Assessment rate.
On and after April 1, 2015, an
assessment rate of $0.75 per ton is
established for the Washington Apricot
Marketing Committee.
Dated: August 13, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2015–20436 Filed 8–18–15; 8:45 am]
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50191
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 953
[Doc. No. AMS–FV–14–0011; FV14–953–1
FIR]
Irish Potatoes Grown in Southeastern
States; Suspension of Marketing Order
Provisions
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 continued the previous
suspension of the marketing order for
Irish potatoes grown in Southeastern
states (order). The interim rule
continued the suspension of all
provisions of the order, and the rules
and regulations implemented
thereunder, through March 1, 2017, as
requested by representatives of the
Virginia/North Carolina Irish potato
industry. This provides the industry
more time to consider changes which
could affect the need for the order. If the
industry does not petition to have the
order reactivated by the end of the
suspension period, the Agricultural
Marketing Service (AMS) will propose
to terminate the order.
DATES: Effective August 20, 2015
through March 1, 2017.
FOR FURTHER INFORMATION CONTACT:
Doris Jamieson, Marketing Specialist, or
Christian D. Nissen, Regional Director,
Southeast Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 291–8614, or Email:
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order and agreement
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. 104 and Marketing Order No. 953,
SUMMARY:
E:\FR\FM\19AUR1.SGM
19AUR1
50192
Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
rmajette on DSK2VPTVN1PROD with RULES
both as amended (7 CFR part 953),
regulating the handling of Irish potatoes
grown in Southeastern states,
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.’’
USDA is issuing this rule in
conformance with Executive Orders
12866, 13563, and 13175.
The handling of Irish potatoes grown
in Southeastern states is regulated by 7
CFR part 953. Prior to this change, the
marketing order, and the rules and
regulations implemented thereunder,
had been suspended until March 1,
2014. Even though the Southeastern
Potato Committee does not function
under the suspended order and
regulations, representatives of the
Virginia/North Carolina Irish potato
industry met on December 18, 2013, and
requested that the suspension of all
provisions of the order, and the rules
and regulations implemented
thereunder, be continued through
March 1, 2017. This gives the industry
more time to consider the need for the
order. Therefore, this rule continues in
effect the rule that suspended, through
March 1, 2017, the provisions of Federal
Marketing Order No. 953 and the rules
and regulations issued thereunder. If the
industry does not petition to have the
order reactivated by the end of the
suspension period, AMS will propose to
terminate the order.
In an interim rule published in the
Federal Register on April 1, 2015, and
effective on April 2, 2015, (80 FR 17307,
Doc. No. AMS–FV–14–0011, FV14–
953–1 IR), 7 CFR 953 was suspended
through March 1, 2017.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), the Agricultural
Marketing Service (AMS) has
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this final regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
business subject to such actions in order
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 10 handlers
of Irish potatoes grown in Southeastern
states who are subject to regulation
under the order and approximately 20
VerDate Sep<11>2014
15:08 Aug 18, 2015
Jkt 235001
potato producers in the regulated 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 whose annual receipts
are less than $750,000 (13 CFR 121.201).
Using prices reported by AMS’ Market
News Service, the average f.o.b. price for
Southeastern potatoes for the 2012–13
marketing season was around $25 per
hundredweight. USDA has estimated
production for the 2012–13 season at
approximately 600,000 hundredweight
of potatoes. Based on this information,
average annual receipts for handlers
would be less than $7,000,000.
Information provided by the National
Agricultural Statistics Service indicates
that the average producer price for Irish
potatoes grown in North Carolina and
Virginia in 2012 was approximately
$12.16 per hundredweight. Considering
estimated production, average producer
revenue would be about $400,000 for
the 2012–13 season. Therefore, the
majority of Southeastern potato
handlers and producers may be
classified as small entities.
This rule continues in effect the
action that continued the previous
suspension of the order and the
associated rules and regulations through
March 1, 2017. The continued
suspension gives the industry more time
to consider the need for the order. If the
industry does not petition to have the
order reactivated by the end of the
suspension period, AMS will publish a
proposal to terminate the order.
Authority for this action is provided in
section 8c(16)(A) of the Act.
Suspension of the order and its
corresponding regulations relieves
handlers of quality, inspection, and
assessment burdens during the
suspension period. Also, handler
reports will not be required. Suspension
of the order is therefore expected to
reduce the regulatory burden on
handlers and growers of all sizes.
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 Vegetable
and Specialty Crops. No changes in
those requirements as a result of this
action are necessary. Should any
changes become necessary, they would
be submitted to OMB for approval.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
Southeastern Irish potato handlers. As
with all Federal marketing order
PO 00000
Frm 00004
Fmt 4700
Sfmt 9990
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies. In addition, USDA has
not identified any relevant Federal rules
that duplicate, overlap or conflict with
this rule.
Further, the industry’s meeting was
widely publicized throughout the
Southeastern Irish potato industry and
interested persons were invited to
attend the meeting and participate in
industry deliberations. The December
18, 2013, meeting was an open meeting
and 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 June
1, 2015. No comments were received.
Therefore, for the reasons given in the
interim rule, we are adopting the
interim rule as a final rule, without
change.
To view the interim rule, go to:
https://www.regulations.gov/
#!documentDetail;D=AMS-FV-14-00110001.
This action also affirms information
contained in the interim rule concerning
Executive Orders 12866, 12988, 13175,
and 13563; the Paperwork Reduction
Act (44 U.S.C. Chapter 35); and the EGov 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 (80 FR 17307, April 1, 2015)
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 953
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
Accordingly, the interim rule that
suspended 7 CFR part 953 and that was
published at 80 FR 17307 on April 1,
2015, is adopted as a final rule, without
change.
Dated: August 13, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2015–20443 Filed 8–18–15; 8:45 am]
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E:\FR\FM\19AUR1.SGM
19AUR1
]]>Agencies
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50191-50192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20443]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 953
[Doc. No. AMS-FV-14-0011; FV14-953-1 FIR]
Irish Potatoes Grown in Southeastern States; Suspension of
Marketing Order Provisions
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 continued the previous
suspension of the marketing order for Irish potatoes grown in
Southeastern states (order). The interim rule continued the suspension
of all provisions of the order, and the rules and regulations
implemented thereunder, through March 1, 2017, as requested by
representatives of the Virginia/North Carolina Irish potato industry.
This provides the industry more time to consider changes which could
affect the need for the order. If the industry does not petition to
have the order reactivated by the end of the suspension period, the
Agricultural Marketing Service (AMS) will propose to terminate the
order.
DATES: Effective August 20, 2015 through March 1, 2017.
FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist,
or Christian D. Nissen, Regional Director, Southeast Marketing Field
Office, Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or
Email: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
Small businesses may obtain information on complying with this and
other marketing order and agreement 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. 104 and Marketing Order No. 953,
[[Page 50192]]
both as amended (7 CFR part 953), regulating the handling of Irish
potatoes grown in Southeastern states, 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.''
USDA is issuing this rule in conformance with Executive Orders
12866, 13563, and 13175.
The handling of Irish potatoes grown in Southeastern states is
regulated by 7 CFR part 953. Prior to this change, the marketing order,
and the rules and regulations implemented thereunder, had been
suspended until March 1, 2014. Even though the Southeastern Potato
Committee does not function under the suspended order and regulations,
representatives of the Virginia/North Carolina Irish potato industry
met on December 18, 2013, and requested that the suspension of all
provisions of the order, and the rules and regulations implemented
thereunder, be continued through March 1, 2017. This gives the industry
more time to consider the need for the order. Therefore, this rule
continues in effect the rule that suspended, through March 1, 2017, the
provisions of Federal Marketing Order No. 953 and the rules and
regulations issued thereunder. If the industry does not petition to
have the order reactivated by the end of the suspension period, AMS
will propose to terminate the order.
In an interim rule published in the Federal Register on April 1,
2015, and effective on April 2, 2015, (80 FR 17307, Doc. No. AMS-FV-14-
0011, FV14- 953-1 IR), 7 CFR 953 was suspended through March 1, 2017.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 10 handlers of Irish potatoes grown in
Southeastern states who are subject to regulation under the order and
approximately 20 potato producers in the regulated 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 whose
annual receipts are less than $750,000 (13 CFR 121.201).
Using prices reported by AMS' Market News Service, the average
f.o.b. price for Southeastern potatoes for the 2012-13 marketing season
was around $25 per hundredweight. USDA has estimated production for the
2012-13 season at approximately 600,000 hundredweight of potatoes.
Based on this information, average annual receipts for handlers would
be less than $7,000,000. Information provided by the National
Agricultural Statistics Service indicates that the average producer
price for Irish potatoes grown in North Carolina and Virginia in 2012
was approximately $12.16 per hundredweight. Considering estimated
production, average producer revenue would be about $400,000 for the
2012-13 season. Therefore, the majority of Southeastern potato handlers
and producers may be classified as small entities.
This rule continues in effect the action that continued the
previous suspension of the order and the associated rules and
regulations through March 1, 2017. The continued suspension gives the
industry more time to consider the need for the order. If the industry
does not petition to have the order reactivated by the end of the
suspension period, AMS will publish a proposal to terminate the order.
Authority for this action is provided in section 8c(16)(A) of the Act.
Suspension of the order and its corresponding regulations relieves
handlers of quality, inspection, and assessment burdens during the
suspension period. Also, handler reports will not be required.
Suspension of the order is therefore expected to reduce the regulatory
burden on handlers and growers of all sizes.
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 Vegetable and Specialty Crops. No changes in
those requirements as a result of this action are necessary. Should any
changes become necessary, they would be submitted to OMB for approval.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large Southeastern Irish 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. In addition, USDA
has not identified any relevant Federal rules that duplicate, overlap
or conflict with this rule.
Further, the industry's meeting was widely publicized throughout
the Southeastern Irish potato industry and interested persons were
invited to attend the meeting and participate in industry
deliberations. The December 18, 2013, meeting was an open meeting and
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 June 1, 2015. No comments were received. Therefore, for the
reasons given in the interim rule, we are adopting the interim rule as
a final rule, without change.
To view the interim rule, go to: https://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0011-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866, 12988, 13175, 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 (80 FR 17307, April 1, 2015) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 953
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
Accordingly, the interim rule that suspended 7 CFR part 953 and
that was published at 80 FR 17307 on April 1, 2015, is adopted as a
final rule, without change.
Dated: August 13, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-20443 Filed 8-18-15; 8:45 am]
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