Irish Potatoes Grown in Southeastern States; Termination of Marketing Order 953, 4681-4683 [2019-02581]
Download as PDF
<![CDATA[
tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Rules and Regulations
return unused benefits to the household
through a refund, transfer, or other
means.
(6) If, at the time the household
leaves, no benefits have been spent on
behalf of that individual household, the
facility must return the full value of any
benefits already debited from the
household’s current monthly allotment
back into the household’s EBT account.
These procedures are applicable at any
time during the month. However, if the
facility has already debited benefits and
spent any portion of them on behalf of
the individual, the facility shall do the
following:
(i) If the household leaves the GLA
prior to the 16th day of the month, the
facility shall provide the household
with its EBT card (if applicable) and
one-half of its monthly benefit
allotment. Where a group of residents
has been certified as one household and
a member of the household leaves the
center:
(A) The facility shall return a pro rata
share of one-half of the household’s
benefit allotment to the EBT account
and advise the State agency that the
individual is entitled to that pro rata
share; and
(B) The State agency shall create a
new EBT account for the individual,
issue a new EBT card and transfer the
pro rata share from the original
household’s EBT account to the
departing individual’s EBT account. The
facility will instruct the individual on
how to obtain the new EBT card based
on the State agency’s card issuance
procedures.
(ii) If the household or an individual
member of the group household leaves
on or after the 16th day of the month
and the benefits have already been
debited and used, the household or
individual does not receive any benefits.
(iii) The GLA shall return to the State
agency any EBT cards not provided to
departing residents at the end of each
month. Also, if the household has
already left the facility and as a result,
the facility is unable to perform the
refund or transfer in accordance with
this paragraph (f)(5), the facility must
advise the State agency, and the State
agency must effect the return or transfer
instead.
(iv) Once the resident leaves, the GLA
no longer acts as his/her authorized
representative. The GLA, if possible,
shall provide the household with a
change report form to report to the State
agency the individual’s new address
and other circumstances after leaving
the GLA and shall advise the household
to return the form to the appropriate
VerDate Sep<11>2014
17:01 Feb 15, 2019
Jkt 247001
office of the State agency within 10
days.
*
*
*
*
*
(8) If the residents are certified on
their own behalf, the benefits may either
be debited by the GLA to be used to
purchase meals served either
communally or individually to eligible
residents or retained by the residents
and used to purchase and prepare food
for their own consumption. * * *
*
*
*
*
*
Dated: February 12, 2019.
Brandon Lipps,
Acting Deputy Under Secretary, Food,
Nutrition, and Consumer Services.
[FR Doc. 2019–02551 Filed 2–15–19; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 953
[Doc. No. AMS–SC–18–0037; SC18–953–1
FR]
Irish Potatoes Grown in Southeastern
States; Termination of Marketing Order
953
Agricultural Marketing Service,
USDA.
ACTION: Final rule; termination of order.
AGENCY:
This final rule terminates the
Federal marketing order regulating the
handling of Irish potatoes grown in
Southeastern states (Order). The Order
has been suspended, at the industry’s
recommendation, since 2011. Because
the industry has not petitioned to have
the Order reactivated in accordance
with the terms of the suspension, the
Agricultural Marketing Service (AMS) is
terminating the Order.
DATES: Effective March 21, 2019.
FOR FURTHER INFORMATION CONTACT:
Geronimo Quinones, Marketing
Specialist, or Patty Bennett, Director,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA; 1400 Independence
Avenue SW, Stop 0237, Washington, DC
20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Geronimo.Quinones@usda.gov or
Patty.Bennett@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
4681
2491, Fax: (202) 720–8938, or Email:
Richard.Lower@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 Marketing
Agreement 104 and Marketing Order
953 (7 CFR part 953), referred to as the
‘‘Order,’’ effective under the Act.
The Department of Agriculture
(USDA) is issuing this final rule in
conformance with Executive Orders
13563 and 13175. This action falls
within a category of regulatory actions
that the Office of Management and
Budget (OMB) exempted from Executive
Order 12866 review. Additionally,
because this final rule does not meet the
definition of a significant regulatory
action, it does not trigger the
requirements contained in Executive
Order 13771. See OMB’s Memorandum
titled ‘‘Interim Guidance Implementing
Section 2 of the Executive Order of
January 30, 2017, titled ‘Reducing
Regulation and Controlling Regulatory
Costs’ ’’ (February 2, 2017).
This final rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This final 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 final rule terminates the Order
that authorizes regulation of the
handling of Irish potatoes grown in
designated counties of Virginia and
North Carolina. The Order has been
suspended for approximately seven
years, at the industry’s
recommendation, and the industry has
not expressed interest in reactivating the
Order.
Section 953.66 provides, in pertinent
part, that USDA terminate or suspend
any or all provisions of the Order when
E:\FR\FM\19FER1.SGM
19FER1
tkelley on DSKBCP9HB2PROD with RULES
4682
Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Rules and Regulations
a finding is made that the Order or any
provision thereof does not tend to
effectuate the declared policy of the Act.
In addition, section 608c(16)(A) of the
Act provides that USDA terminate or
suspend the operation of any order or
any provision thereof whenever they
obstruct or do not tend to effectuate the
declared policy of the Act. USDA is
required to notify Congress not later
than 60 days before the date an order
would be terminated.
The Order has been in effect since
1948 and provides for the establishment
of grade, size, quality, maturity, and
inspection requirements for Irish
potatoes grown in Southeastern states.
The Order also authorizes reporting and
recordkeeping functions required for the
operation of the Order. The Order, when
in effect, is locally administered by the
Southeastern Potato Committee
(Committee) and is funded by
assessments imposed on handlers.
Based on the Committee’s unanimous
recommendation in 2011, USDA
suspended the Order for a three-year
period ending March 1, 2014. The
Committee recommended the
suspension to eliminate the expense of
administering the Order while
determining the effects of not having the
Order in place. When the Committee
made the recommendation to suspend
the Order, it wanted the industry to
have the option of reactivating the
Order, if deemed appropriate. The final
rule adopting an interim rule that
implemented that action was published
in the Federal Register on October 21,
2011 (76 FR 65360). Upon suspension of
the Order in 2011, the Committee
ceased to function.
In anticipation of the expiration of the
suspension on March 1, 2014, USDA
sent a letter to members of the industry,
most of whom were former Committee
members, in late 2013. The letter stated
that suspension of the Order would
soon be ending and that members of the
industry would need to recommend an
action to USDA. On December 18, 2013,
representatives of the Virginia and
North Carolina Irish potato industry met
and requested that the suspension of all
provisions of the Order be continued
through March 1, 2017. The extension of
the suspension would allow the
industry further opportunity to study
changes and evaluate new
developments in the industry that could
affect the need for the Order. The final
rule adopting the interim rule that
implemented that action was published
in the Federal Register on August 19,
2015 (80 FR 50191).
Under the terms of the suspension, if
the industry did not petition USDA to
have the Order reactivated by March 1,
VerDate Sep<11>2014
17:01 Feb 15, 2019
Jkt 247001
2017, AMS would propose termination
of the Order. To date, the industry has
not filed a petition to have the Order
reactivated.
Final Regulatory Flexibility Analysis
Pursuant to the requirements set forth
in the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612), 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 are unique in that they are brought
about through group action of
essentially small entities acting on their
own behalf.
There are approximately ten 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 $7,500,000,
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 free on board
(f.o.b.) price for Southeastern potatoes
for the 2017 marketing season was about
$50 per hundredweight. Based on
information from the National
Agricultural Statistics Service (NASS),
estimated total production in Virginia
and North Carolina for the 2017 season
was 4,666,000 hundredweight of
potatoes. Multiplying the f.o.b. price by
the estimated production results in an
estimated handler value of
$233,300,000. Dividing this figure by
the number of handlers (ten) yields an
estimated average annual handler
receipt of $23,330,000. Using the
average price and shipment information,
the number of handlers, and assuming
a normal distribution, the majority of
handlers have average annual receipts of
more than $7,500,000.
Based on information from NASS,
during the 2017 season, there were
19,600 total acres harvested in Virginia
and North Carolina with a total value of
production at $59,038,000 for the
season. The average producer prices for
Virginia and North Carolina Irish
potatoes in 2017 were $16.30 and
$11.40 per hundredweight, respectively,
for an average price of $13.85. Dividing
the 2017 total production value by the
average of the two states’ producer
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
prices and using a normal distribution,
the average gross annual revenue for
each of the 20 producers would be about
$213,134, which is below the SBA
threshold of $750,000.
Therefore, based on the above handler
and producer revenue estimates, the
majority of Southeastern potato
handlers may be classified as large
entities, while a majority of producers
may be classified as small entities.
This final rule terminates the Order
for Irish potatoes grown in Southeastern
states and the rules and regulations
issued thereunder. The Order authorizes
regulation of the handling of Irish
potatoes grown in designated counties
of Virginia and North Carolina. The
Order was initially suspended in 2011,
at the recommendation of the
Committee, to eliminate the expense of
administering the Order while the
industry determined the effects of not
having regulations in place. At the
request of the industry in 2013, the
suspension was extended through
March 1, 2017, to provide the industry
with more time to consider changes and
evaluate new developments that could
affect the future need for the Order. The
final rule that extended the suspension
through March 1, 2017, stated that AMS
would proceed with a notice to propose
termination absent an industry
recommendation to reactivate the Order.
The results of the suspension and the
industry’s failure to petition USDA to
have the Order reactivated by the end of
the suspension period support
termination of the Order.
Section 953.66 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 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.
An additional provision requires that
Congress be notified not later than 60
days before the date an order would be
terminated.
Termination of the Order will reduce
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 over seven years of regulatory
suspension, AMS has determined that
termination of the Order will not
adversely impact the Virginia and North
Carolina Irish potato industry.
As an alternative to this action, AMS
considered not terminating the Order. In
that case, the industry could have
E:\FR\FM\19FER1.SGM
19FER1
tkelley on DSKBCP9HB2PROD with RULES
Federal Register / Vol. 84, No. 33 / Tuesday, February 19, 2019 / Rules and Regulations
recommended further refinements to the
Order and the handling regulations to
better meet current marketing needs.
However, the industry did not petition
to have the Order reactivated by the end
of the suspension period. Therefore, this
alternative was rejected, and AMS is
terminating the Order.
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 OMB and
assigned OMB No. 0581–0178, Fruit,
Vegetable and Specialty Crops.
Termination of the reporting
requirements under the Order will
reduce the reporting and recordkeeping
burden on Irish potato handlers in
Southeastern states and should further
reduce industry expenses.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
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/rules-regulations/
moa/small-businesses. Any questions
about the compliance guide should be
sent to Richard Lower at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
A proposed rule inviting comments
regarding the termination of the Order
was published in the Federal Register
on July 25, 2018 (83 FR 35151). USDA
distributed the rule to Virginia and
North Carolina potato associations and
other Southeastern potato industry
members. In addition, the rule was
made available on the internet by USDA
and the Office of the Federal Register.
The rule provided a 60-day comment
period, which ended on September 24,
2018. One comment was received in
support of the termination.
Based on the foregoing, and pursuant
to § 608c(16)(A) of the Act and § 953.66
of the Order, it is hereby found that
Federal Marketing Order 953 regulating
the handling of Irish potatoes grown in
Southeastern states does not tend to
effectuate the declared policy of the Act
and is therefore terminated.
Section 608c(16)(A) of the Act
requires USDA to notify Congress at
least 60 days before terminating a
Federal marketing order. Congress was
so notified on October 24, 2018.
VerDate Sep<11>2014
17:01 Feb 15, 2019
Jkt 247001
List of Subjects in 7 CFR Part 953
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
PART 953—[REMOVED]
For the reasons set forth in the
preamble, under the authority of 7
U.S.C. 601–674, 7 CFR part 953 is
removed.
■
Dated: February 12, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–02581 Filed 2–15–19; 8:45 am]
BILLING CODE 3410–02–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 72
[NRC–2018–0220]
RIN 3150–AK17
List of Approved Spent Fuel Storage
Casks: NAC International MultiPurpose Canister Storage System,
Certificate of Compliance No. 1025,
Amendment Nos. 7 and 8
Nuclear Regulatory
Commission.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The U.S. Nuclear Regulatory
Commission (NRC) is confirming the
effective date of March 4, 2019, for the
direct final rule that was published in
the Federal Register on December 18,
2018. This direct final rule amended the
NRC’s spent fuel storage regulations by
revising the ‘‘List of approved spent fuel
storage casks’’ to include Amendment
Nos. 7 and 8 to Certificate of
Compliance No. 1025 for the NAC
International Multi-Purpose Canister
(NAC–MPC) Storage System.
DATES: Effective Date: The effective date
of March 4, 2019, for the direct final
rule published December 18, 2018 (83
FR 64729), is confirmed.
ADDRESSES: Please refer to Docket ID
NRC–2018–0220 when contacting the
NRC about the availability of
information for this action. You may
obtain publicly-available information
related to this action by any of the
following methods:
• Federal Rulemaking Website: Go to
https://www.regulations.gov and search
for Docket ID NRC–2018–0220. Address
questions about NRC dockets to Carol
Gallagher; telephone: 301–415–3463;
email: Carol.Gallagher@nrc.gov. For
SUMMARY:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
4683
technical questions, contact the
individuals listed in the FOR FURTHER
INFORMATION CONTACT section of this
document.
• NRC’s Agencywide Documents
Access and Management System
(ADAMS): You may obtain publiclyavailable documents online in the
ADAMS Public Documents collection at
https://www.nrc.gov/reading-rm/
adams.html. To begin the search, select
‘‘Begin Web-based ADAMS Search.’’ For
problems with ADAMS, please contact
the NRC’s Public Document Room (PDR)
reference staff at 1–800–397–4209, 301–
415–4737, or by email to pdr.resource@
nrc.gov. The proposed amendment to
the certificate, the proposed changes to
the technical specifications, and the
preliminary safety evaluation report are
available in ADAMS under Accession
No. ML18255A021. The final
amendments to the certificate, final
changes to the technical specifications,
and final safety evaluation reports can
be viewed in ADAMS under Accession
Nos. ML19038A249 for Amendment No.
7 and ML19039A088 for Amendment
No. 8.
• NRC’s PDR: You may examine and
purchase copies of public documents at
the NRC’s PDR, Room O1–F21, One
White Flint North, 11555 Rockville
Pike, Rockville, Maryland 20852.
FOR FURTHER INFORMATION CONTACT:
Bernard H. White, Office of Nuclear
Material Safety and Safeguards;
telephone: 301–415–6577; email:
Bernard.White@nrc.gov or Gregory
Trussell, Office of Nuclear Material
Safety and Safeguards; telephone: 301–
415–6244; email: Gregory.Trussell@
nrc.gov. Both are staff of the U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001.
SUPPLEMENTARY INFORMATION: On
December 18, 2018 (83 FR 64729), the
NRC published a direct final rule
amending its regulations in part 72 of
title 10 of the Code of Federal
Regulations by revising the ‘‘List of
approved spent fuel storage casks’’ to
include Amendment Nos. 7 and 8 to
Certificate of Compliance No. 1025 for
the NAC–MPC Storage System.
Amendment No. 7 revises the technical
specifications to eliminate the
requirements for the heat removal
system to be operable for La Crosse
Boiling Water Reactor spent fuel stored
in the NAC–MPC because convective
cooling is not required, and to eliminate
duplicative requirements. In addition,
Amendment No. 8 removes duplicative
surveillance requirements in the
technical specifications because these
requirements are already required by the
revised Technical Specification A 3.1.6,
E:\FR\FM\19FER1.SGM
19FER1
]]>Agencies
[Federal Register Volume 84, Number 33 (Tuesday, February 19, 2019)]
[Rules and Regulations]
[Pages 4681-4683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02581]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 953
[Doc. No. AMS-SC-18-0037; SC18-953-1 FR]
Irish Potatoes Grown in Southeastern States; Termination of
Marketing Order 953
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule; termination of order.
-----------------------------------------------------------------------
SUMMARY: This final rule terminates the Federal marketing order
regulating the handling of Irish potatoes grown in Southeastern states
(Order). The Order has been suspended, at the industry's
recommendation, since 2011. Because the industry has not petitioned to
have the Order reactivated in accordance with the terms of the
suspension, the Agricultural Marketing Service (AMS) is terminating the
Order.
DATES: Effective March 21, 2019.
FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing
Specialist, or Patty Bennett, Director, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA; 1400 Independence Avenue
SW, Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491,
Fax: (202) 720-8938, or Email: Geronimo.Quinones@usda.gov or
Patty.Bennett@usda.gov.
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Marketing Order and Agreement
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491,
Fax: (202) 720-8938, or Email: Richard.Lower@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
Marketing Agreement 104 and Marketing Order 953 (7 CFR part 953),
referred to as the ``Order,'' effective under the Act.
The Department of Agriculture (USDA) is issuing this final rule in
conformance with Executive Orders 13563 and 13175. This action falls
within a category of regulatory actions that the Office of Management
and Budget (OMB) exempted from Executive Order 12866 review.
Additionally, because this final rule does not meet the definition of a
significant regulatory action, it does not trigger the requirements
contained in Executive Order 13771. See OMB's Memorandum titled
``Interim Guidance Implementing Section 2 of the Executive Order of
January 30, 2017, titled `Reducing Regulation and Controlling
Regulatory Costs' '' (February 2, 2017).
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This final 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 final rule terminates the Order that authorizes regulation of
the handling of Irish potatoes grown in designated counties of Virginia
and North Carolina. The Order has been suspended for approximately
seven years, at the industry's recommendation, and the industry has not
expressed interest in reactivating the Order.
Section 953.66 provides, in pertinent part, that USDA terminate or
suspend any or all provisions of the Order when
[[Page 4682]]
a finding is made that the Order or any provision thereof does not tend
to effectuate the declared policy of the Act. In addition, section
608c(16)(A) of the Act provides that USDA terminate or suspend the
operation of any order or any provision thereof whenever they obstruct
or do not tend to effectuate the declared policy of the Act. USDA is
required to notify Congress not later than 60 days before the date an
order would be terminated.
The Order has been in effect since 1948 and provides for the
establishment of grade, size, quality, maturity, and inspection
requirements for Irish potatoes grown in Southeastern states. The Order
also authorizes reporting and recordkeeping functions required for the
operation of the Order. The Order, when in effect, is locally
administered by the Southeastern Potato Committee (Committee) and is
funded by assessments imposed on handlers.
Based on the Committee's unanimous recommendation in 2011, USDA
suspended the Order for a three-year period ending March 1, 2014. The
Committee recommended the suspension to eliminate the expense of
administering the Order while determining the effects of not having the
Order in place. When the Committee made the recommendation to suspend
the Order, it wanted the industry to have the option of reactivating
the Order, if deemed appropriate. The final rule adopting an interim
rule that implemented that action was published in the Federal Register
on October 21, 2011 (76 FR 65360). Upon suspension of the Order in
2011, the Committee ceased to function.
In anticipation of the expiration of the suspension on March 1,
2014, USDA sent a letter to members of the industry, most of whom were
former Committee members, in late 2013. The letter stated that
suspension of the Order would soon be ending and that members of the
industry would need to recommend an action to USDA. On December 18,
2013, representatives of the Virginia and North Carolina Irish potato
industry met and requested that the suspension of all provisions of the
Order be continued through March 1, 2017. The extension of the
suspension would allow the industry further opportunity to study
changes and evaluate new developments in the industry that could affect
the need for the Order. The final rule adopting the interim rule that
implemented that action was published in the Federal Register on August
19, 2015 (80 FR 50191).
Under the terms of the suspension, if the industry did not petition
USDA to have the Order reactivated by March 1, 2017, AMS would propose
termination of the Order. To date, the industry has not filed a
petition to have the Order reactivated.
Final Regulatory Flexibility Analysis
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601-612), 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 are unique in that they are brought about through
group action of essentially small entities acting on their own behalf.
There are approximately ten 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
$7,500,000, 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 free
on board (f.o.b.) price for Southeastern potatoes for the 2017
marketing season was about $50 per hundredweight. Based on information
from the National Agricultural Statistics Service (NASS), estimated
total production in Virginia and North Carolina for the 2017 season was
4,666,000 hundredweight of potatoes. Multiplying the f.o.b. price by
the estimated production results in an estimated handler value of
$233,300,000. Dividing this figure by the number of handlers (ten)
yields an estimated average annual handler receipt of $23,330,000.
Using the average price and shipment information, the number of
handlers, and assuming a normal distribution, the majority of handlers
have average annual receipts of more than $7,500,000.
Based on information from NASS, during the 2017 season, there were
19,600 total acres harvested in Virginia and North Carolina with a
total value of production at $59,038,000 for the season. The average
producer prices for Virginia and North Carolina Irish potatoes in 2017
were $16.30 and $11.40 per hundredweight, respectively, for an average
price of $13.85. Dividing the 2017 total production value by the
average of the two states' producer prices and using a normal
distribution, the average gross annual revenue for each of the 20
producers would be about $213,134, which is below the SBA threshold of
$750,000.
Therefore, based on the above handler and producer revenue
estimates, the majority of Southeastern potato handlers may be
classified as large entities, while a majority of producers may be
classified as small entities.
This final rule terminates the Order for Irish potatoes grown in
Southeastern states and the rules and regulations issued thereunder.
The Order authorizes regulation of the handling of Irish potatoes grown
in designated counties of Virginia and North Carolina. The Order was
initially suspended in 2011, at the recommendation of the Committee, to
eliminate the expense of administering the Order while the industry
determined the effects of not having regulations in place. At the
request of the industry in 2013, the suspension was extended through
March 1, 2017, to provide the industry with more time to consider
changes and evaluate new developments that could affect the future need
for the Order. The final rule that extended the suspension through
March 1, 2017, stated that AMS would proceed with a notice to propose
termination absent an industry recommendation to reactivate the Order.
The results of the suspension and the industry's failure to petition
USDA to have the Order reactivated by the end of the suspension period
support termination of the Order.
Section 953.66 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 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. An additional provision requires that Congress be notified not
later than 60 days before the date an order would be terminated.
Termination of the Order will reduce 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 over seven years of regulatory
suspension, AMS has determined that termination of the Order will not
adversely impact the Virginia and North Carolina Irish potato industry.
As an alternative to this action, AMS considered not terminating
the Order. In that case, the industry could have
[[Page 4683]]
recommended further refinements to the Order and the handling
regulations to better meet current marketing needs. However, the
industry did not petition to have the Order reactivated by the end of
the suspension period. Therefore, this alternative was rejected, and
AMS is terminating the Order.
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 OMB and assigned OMB No. 0581-0178, Fruit,
Vegetable and Specialty Crops. Termination of the reporting
requirements under the Order will reduce the reporting and
recordkeeping burden on Irish potato handlers in Southeastern states
and should further reduce industry expenses.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this rule.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
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/rules-regulations/moa/small-businesses. Any
questions about the compliance guide should be sent to Richard Lower at
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
A proposed rule inviting comments regarding the termination of the
Order was published in the Federal Register on July 25, 2018 (83 FR
35151). USDA distributed the rule to Virginia and North Carolina potato
associations and other Southeastern potato industry members. In
addition, the rule was made available on the internet by USDA and the
Office of the Federal Register. The rule provided a 60-day comment
period, which ended on September 24, 2018. One comment was received in
support of the termination.
Based on the foregoing, and pursuant to Sec. 608c(16)(A) of the
Act and Sec. 953.66 of the Order, it is hereby found that Federal
Marketing Order 953 regulating the handling of Irish potatoes grown in
Southeastern states does not tend to effectuate the declared policy of
the Act and is therefore terminated.
Section 608c(16)(A) of the Act requires USDA to notify Congress at
least 60 days before terminating a Federal marketing order. Congress
was so notified on October 24, 2018.
List of Subjects in 7 CFR Part 953
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
PART 953--[REMOVED]
0
For the reasons set forth in the preamble, under the authority of 7
U.S.C. 601-674, 7 CFR part 953 is removed.
Dated: February 12, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-02581 Filed 2-15-19; 8:45 am]
BILLING CODE 3410-02-P
