Irish Potatoes Grown in Washington; Termination of Marketing Order 946, 8399-8402 [2022-03177]
Download as PDF
<![CDATA[
lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
(5) Forest Service. (i) Civil penalty for
willful disregard of the prohibition
against the export of unprocessed timber
originating from Federal lands, codified
at 16 U.S.C. 620d(c)(1)(A), has a
maximum of $1,035,909 per violation or
three times the gross value of the
unprocessed timber, whichever is
greater.
(ii) Civil penalty for a violation in
disregard of the Forest Resources
Conservation and Shortage Relief Act or
the regulations that implement such Act
regardless of whether such violation
caused the export of unprocessed timber
originating from Federal lands, codified
in 16 U.S.C. 620d(c)(2)(A)(i), has a
maximum of $155,387 per violation.
(iii) Civil penalty for a person that
should have known that an action was
a violation of the Forest Resources
Conservation and Shortage Relief Act or
the regulations that implement such Act
regardless of whether such violation
caused the export of unprocessed timber
originating from Federal lands, codified
at 16 U.S.C. 620d(c)(2)(A)(ii), has a
maximum of $103,591 per violation.
(iv) Civil penalty for a willful
violation of the Forest Resources
Conservation and Shortage Relief Act or
the regulations that implement such Act
regardless of whether such violation
caused the export of unprocessed timber
originating from Federal lands, codified
in 16 U.S.C. 620d(c)(2)(A)(iii), has a
maximum of $1,035,909.
(v) Civil penalty for a violation
involving protections of caves, codified
at 16 U.S.C. 4307(a)(2), has a maximum
of $22,640.
(6) [Reserved]
(7) Federal Crop Insurance
Corporation. (i) Civil penalty for any
person who willfully and intentionally
provides any false or inaccurate
information to the Federal Crop
Insurance Corporation or to an approved
insurance provider with respect to any
insurance plan or policy that is offered
under the authority of the Federal Crop
Insurance Act, or who fails to comply
with a requirement of the Federal Crop
Insurance Corporation, codified in 7
U.S.C. 1515(h)(3)(A), has a maximum of
the greater of: The amount of the
pecuniary gain obtained as a result of
the false or inaccurate information or
the noncompliance; or $13,437.
(ii) [Reserved]
(8) Rural Housing Service. (i) Civil
penalty for a violation of section 536 of
Title V of the Housing Act of 1949,
codified in 42 U.S.C. 1490p(e)(2), has a
maximum of $220,212 in the case of an
individual, and a maximum of
$2,202,123 in the case of an applicant
other than an individual.
VerDate Sep<11>2014
16:09 Feb 14, 2022
Jkt 256001
(ii) Civil penalty for equity skimming
under section 543(a) of the Housing Act
of 1949, codified in 42 U.S.C.
1490s(a)(2), has a maximum of $39,740.
(iii) Civil penalty under section 543b
of the Housing Act of 1949 for a
violation of regulations or agreements
made in accordance with Title V of the
Housing Act of 1949, by submitting false
information, submitting false
certifications, failing to timely submit
information, failing to maintain real
property in good repair and condition,
failing to provide acceptable
management for a project, or failing to
comply with applicable civil rights laws
and regulations, codified in 42 U.S.C.
1490s(b)(3)(A), has a maximum of the
greater of: Twice the damages USDA,
guaranteed lender, or project that is
secured for a loan under Title V suffered
or would have suffered as a result of the
violation; or $79,480 per violation.
(9) [Reserved]
(10) Commodity Credit Corporation.
(i) Civil penalty for willful failure or
refusal to furnish information, or willful
furnishing of false information under of
section 156 of the Federal Agricultural
Improvement and Reform Act of 1996,
codified at 7 U.S.C. 7272(g)(5), has a
maximum of $17,472 for each violation.
(ii) Civil penalty for willful failure or
refusal to furnish information or willful
furnishing of false data by a processor,
refiner, or importer of sugar, syrup and
molasses under section 156 of the
Federal Agriculture Improvement and
Reform Act of 1996, codified at 7 U.S.C.
7272(g)(5), has a maximum of $17,472
for each violation.
(iii) Civil penalty for filing a false
acreage report that exceeds tolerance
under section 156 of the Federal
Agriculture Improvement and Reform
Act of 1996, codified at 7 U.S.C.
7272(g)(5), has a maximum of $17,472
for each violation.
(iv) Civil penalty for knowingly
violating any regulation of the Secretary
of the Commodity Credit Corporation
pertaining to flexible marketing
allotments for sugar under section
359h(b) of the Agricultural Adjustment
Act of 1938, codified at 7 U.S.C.
1359hh(b), has a maximum of $12,771
for each violation.
(v) Civil penalty for knowing violation
of regulations promulgated by the
Secretary pertaining to cotton insect
eradication under section 104(d) of the
Agricultural Act of 1949, codified at 7
U.S.C. 1444a(d), has a maximum of
$15,733 for each offense.
(11) Office of the Secretary. (i) Civil
penalty for making, presenting,
submitting or causing to be made,
presented or submitted, a false,
fictitious, or fraudulent claim as defined
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
8399
under the Program Fraud Civil
Remedies Act of 1986, codified at 31
U.S.C. 3802(a)(1), has a maximum of
$12,538.
(ii) Civil penalty for making,
presenting, submitting or causing to be
made, presented or submitted, a false,
fictitious, or fraudulent written
statement as defined under the Program
Fraud Civil Remedies Act of 1986,
codified at 31 U.S.C. 3802(a)(2), has a
maximum of $12,538.
John Rapp,
Director, Office of Budget and Program
Analysis.
[FR Doc. 2022–03163 Filed 2–14–22; 8:45 am]
BILLING CODE 3410–90–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Doc. No. AMS–SC–20–0095; SC21–946–1
FR]
Irish Potatoes Grown in Washington;
Termination of Marketing Order 946
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
Washington, and the rules and
regulations issued thereunder. The
marketing order is administered locally
by the State of Washington Potato
Committee (Committee), which
unanimously recommended its
termination at a meeting held on June
11, 2020. This recommendation is based
on the Committee’s determination that
the marketing order is no longer an
effective marketing tool for the
Washington potato industry and that
termination best serves the current
needs of the industry by eliminating the
costs associated with its operation.
DATES: Effective March 2, 2022.
FOR FURTHER INFORMATION CONTACT:
Gregory A. Breasher, Marketing
Specialist, or Gary Olson, Regional
Director, Market Development Division,
Specialty Crops Program, AMS, USDA;
Telephone: (503) 326–2054 or Email:
Gregory.Breasher@usda.gov or
GaryD.Olson@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Richard Lower,
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Washington, DC 20250–0237;
SUMMARY:
E:\FR\FM\15FER1.SGM
15FER1
8400
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
Telephone: (202) 720–2491, Fax: (202)
720–8938, or Email: Richard.Lower@
usda.gov.
This
action, pursuant to 5 U.S.C. 553,
finalizes the termination of regulations
issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This final rule
is issued under Marketing Order No.
946, as amended (7 CFR part 946),
regulating the handling of potatoes
grown in Washington. Part 946 (referred
to as 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.’’ This
action is governed by § 608c(16)(A) of
the Act. The Committee locally
administers the Order and is comprised
of producers and handlers operating
within the production area.
The Department of Agriculture
(USDA) is issuing this final rule in
conformance with Executive Orders
12866 and 13563. Executive Orders
12866 and 13563 direct agencies to
assess all costs and benefits of available
regulatory alternatives and, if regulation
is necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, reducing costs,
harmonizing rules, and promoting
flexibility. This action falls within a
category of regulatory actions that the
Office of Management and Budget
(OMB) exempted from Executive Order
12866 review.
In addition, this final rule has been
reviewed under Executive Order
13175—Consultation and Coordination
with Indian Tribal Governments, which
requires agencies to consider whether
their rulemaking actions would have
tribal implications. Agricultural
Marketing Service (AMS) has
determined this final rule is unlikely to
have substantial direct effects on one or
more Indian tribes, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes.
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 a marketing order
may file with USDA a petition stating
that the marketing order, any provision
lotter on DSK11XQN23PROD with RULES1
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
16:09 Feb 14, 2022
Jkt 256001
of the marketing order, or any obligation
imposed in connection with the
marketing order is not in accordance
with law and request a modification of
the marketing 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
and the rules and regulations issued
thereunder. The Order contains
authority for the regulation of Irish
potatoes grown in Washington. At a
virtual meeting held on June 11, 2020,
the Committee unanimously
recommended termination of the Order.
Section 946.63(b) of the Order
provides that USDA terminates or
suspends any or all provisions of the
Order when a finding is made that the
Order does not tend to effectuate the
declared policy of the Act. In addition,
section 608c(16)(A) of the Act provides
that USDA terminates or suspends the
operation of any order whenever the
order or any provision thereof obstructs
or does not tend to effectuate the
declared policy of the Act. Additionally,
USDA is required to notify Congress no
later than 60 days before the date the
Order would be terminated.
Marketing Order No. 946 has been in
effect since 1949 and has provided the
potato industry in Washington with
authority for grade, size, quality,
maturity, pack, and container
regulations, as well as authority for
mandatory product inspection. The
Committee has met regularly to evaluate
the current status of the Washington
potato industry and to consider
recommendations for modification,
suspension, or termination of the
Order’s regulatory requirements, which
have been issued on a continuing basis.
Committee meetings are open to the
public and interested persons may
express their views at these meetings.
The USDA reviews Committee
recommendations, including
information provided by the Committee
and from other available sources, and
determines whether modification,
suspension, or termination of the
Order’s regulatory requirements would
tend to effectuate the declared policy of
the Act.
Handling regulations requiring
potatoes to be inspected and meet
mandatory minimum grade, size,
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
maturity, quality, pack, and container
requirements were in effect for all types
of potatoes until 2010. USDA
temporarily suspended the handling
regulations for Russet type potatoes for
one year, effective July 24, 2010 (75 FR
43042), and subsequently extended that
suspension indefinitely, effective July 1,
2011 (76 FR 27850). Further, USDA
temporarily suspended the handling
regulations for yellow fleshed and white
type potatoes effective October 24, 2013
(78 FR 62967), also extending that
suspension indefinitely, effective July 1,
2014 (79 FR 26109). Lastly, USDA
indefinitely suspended the handling
regulations for all red types of potatoes,
effective February 15, 2014 (79 FR
8253). The cumulative effect of the
various suspensions was the total
suspension of handling regulations for
all fresh potatoes under the Order after
July 1, 2014. All of the suspensions
listed above were enacted upon the
Committee’s recommendation.
Following these regulatory
suspensions, the Committee continued
to levy assessments in order to maintain
its functionality. The Committee felt
that it should continue to fund its full
operational capability in order to collect
handler reports, track industry data, and
preserve the authority to regulate
handling, should that become relevant
to the industry again sometime in the
future.
The Committee met on January 22 and
June 11, 2020, to discuss the current
marketing environment of the
Washington potato industry and the
status of the Order. The Committee
determined that the suspension of the
Order’s handling regulations has not
negatively impacted the industry and
that there is no longer a need for the
Order. In addition, the Committee
concluded that the data collection and
reporting functions of the Order are
duplicative of the services provided to
the industry by the Washington State
Potato Commission and that termination
of the Order will not materially impact
the collection and dissemination of
essential industry data.
At the meeting held via conference
call on June 11, 2020, the Committee
unanimously voted in favor of
recommending that USDA terminate the
Order. In addition, the Committee
recommended the Order’s reporting and
assessment requirements—the only
regulatory activities still in effect—be
suspended while USDA processes
termination of the Order. The
recommendation to suspend all
remaining Order activities was a
separate regulatory action from this rule.
A final rule suspending the Order’s
reporting and assessment requirements
E:\FR\FM\15FER1.SGM
15FER1
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
was published in the Federal Register
February 24, 2021 (86 FR 11091).
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), AMS has considered
the economic impact of this final rule
on small entities. Accordingly, AMS has
prepared this final regulatory flexibility
analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 26 handlers
of Washington potatoes and
approximately 250 potato producers in
the production area subject to regulation
by the Order.
Small agricultural service firms are
defined by the Small Business
Administration (13 CFR 121.201) as
those having annual receipts of less than
$30,000,000, and small agricultural
producers are defined as those having
annual receipts of less than $1,000,000.
According to USDA Market News, the
average shipping point price for fresh
Washington potatoes during the 2019
shipping season was approximately
$15.79 per hundredweight. The
Committee reported that 2019–2020
marketing year fresh potato shipments
were 9,687,170 hundredweight. Using
the average price and shipment
information, the number of handlers,
and assuming a normal distribution,
most handlers had average annual
receipts of less than $30,000,000 ($15.79
times 9,687,170 hundredweight equals
$152,960,414, divided by 26 handlers
equals $5,883,093 per handler). Thus,
AMS concludes that the majority of
handlers would meet the SBA definition
of a small business.
USDA National Agricultural Statistics
Service reported an average producer
price of $8.20 per hundredweight for the
2019 crop. Given the number of
Washington potato producers, and
assuming a normal distribution, average
annual producer revenue is below
$1,000,000 ($8.20 times 9,687,170
hundredweight equals $79,434,794,
divided by 250 producers equals
$317,739 per producer). Therefore, most
producers of fresh Washington potatoes
may be classified as small businesses
under the SBA definition.
This rule terminates the Federal
marketing order for Irish potatoes grown
VerDate Sep<11>2014
16:09 Feb 14, 2022
Jkt 256001
in Washington, and the rules and
regulations issued thereunder. The
Order contains authority to regulate the
handling of Irish potatoes grown in
Washington. The Committee determined
that regulating the handling of potatoes
under the Order is no longer an effective
marketing tool for the Washington
potato industry. Evidence from the past
several years of operating with
suspended handling regulations showed
that potatoes can be shipped from the
production area in the absence of the
Order’s minimum requirements without
a negative economic impact on the
industry.
Secondly, the Committee determined
that the data collection and reporting
function of the Order is duplicative of
the services provided to the industry by
the Washington State Potato
Commission. The termination of the
Order will not materially impact the
collection and dissemination of
essential industry data to Washington
state potato growers.
As such, the Committee concluded
that the costs associated with the
administration of the Order outweigh
the benefits of continuing the Order.
This conclusion is based on the
Committee’s analysis of the 6-year
period of regulatory suspension and
findings that termination is not
expected to negatively impact the
marketing of fresh Washington potatoes
because this action reduces the costs to
both handlers and producers. Therefore,
in an action taken on June 11, 2020, the
Committee unanimously recommended
that USDA terminates the Order.
Section 946.63(b) of the Order
provides that USDA terminates or
suspends 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,
§ 608c(16)(A) of the Act provides that
USDA shall terminate or suspend the
operation of any order whenever the
order or provision thereof obstructs or
does not tend to effectuate the declared
policy of the Act. An additional
provision requires that Congress be
notified no later than 60 days before the
date the order would be terminated.
The Committee considered
alternatives to this rule, including
taking no action (which would keep the
Order active but with the handling
regulations suspended) and suspending
all of the Order’s remaining regulatory
provisions but not terminating the
Order. The Committee determined that
neither option was a viable long-term
solution and subsequently
recommended that the Order be
terminated.
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
8401
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 OMB and
contained in OMB No. 0581–0178
Vegetable and Specialty Crops.
Termination of the Order, and the
reporting requirements prescribed
therein, will eliminate the reporting
burden on Washington potato handlers.
Handlers will no longer file forms with
the Committee, which will reduce
industry expenses and save an
estimated 9.7 hours per handler per
year. This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
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.
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.
The Committee’s meetings are widely
publicized throughout the Washington
potato industry, and all interested
persons are invited to attend the
meetings and participate in Committee
deliberations on all issues. Like all
Committee meetings, the January 22 and
June 11, 2020, meetings were public
meetings, and all entities, both large and
small, were able to express their views
on these issues. Interested persons were
invited to submit comments on a
proposed rule, including the regulatory
and information collection impacts of
this action on small businesses.
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 termination of the Order was
published in the Federal Register on
September 7, 2021 (86 FR 49930). AMS
distributed the proposed rule to State of
Washington potato industry members.
In addition, the rule was made available
on the internet by AMS and the Office
of the Federal Register. The proposed
rule provided a 60-day comment period
E:\FR\FM\15FER1.SGM
15FER1
8402
Federal Register / Vol. 87, No. 31 / Tuesday, February 15, 2022 / Rules and Regulations
for the interested parties to comment,
which ended on November 8, 2021. Two
comments were received in support of
the termination.
Based on the foregoing, and pursuant
to § 608c(16)(A) of the Act and § 946.63
of the Order, it is hereby found that the
Federal marketing Order 946 regulating
the handling of Irish potatoes grown in
Washington does not tend to effectuate
the declared policy of the Act and is
therefore terminated.
Following termination, trustees will
be appointed to conclude and liquidate
the Committee affairs and will continue
in that capacity until discharged by
USDA. Section 608c(16)(A) of the Act
requires USDA to notify Congress 60
days in advance of termination of a
Federal marketing order. USDA notified
Congress on December 2, 2021.
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes,
Reporting and recordkeeping
requirements.
PART 946—[REMOVED]
For the reasons set forth in the
preamble, and under the authority of 7
U.S.C. 601–674, 7 CFR part 946 is
removed.
■
AGENCY:
Examining the AD Docket
You may examine the AD docket at
https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0259; or in person at Docket
Operations between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The AD docket contains this
final rule, any comments received, and
other information. The address for
Docket Operations is U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
FOR FURTHER INFORMATION CONTACT:
Kevin Clark, Aviation Safety Engineer,
ECO Branch, FAA, 1200 District
Avenue, Burlington, MA 01803; phone:
(781) 238–7088; fax: (781) 238–7199;
email: kevin.m.clark@faa.gov.
SUPPLEMENTARY INFORMATION:
The FAA is superseding
Airworthiness Directive (AD) 2013–26–
01 for all CFM International, S.A. (CFM)
CFM56–3 and CFM56–7B model
turbofan engines with a certain
accessory gearbox assembly (AGB) not
equipped with a dynamic oil seal
assembly in the handcranking pad. AD
2013–26–01 required an independent
inspection to verify re-installation of the
handcranking pad cover after removal of
Background
The FAA issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2013–26–01,
Amendment 39–17710 (78 FR 79295,
December 30, 2013), (AD 2013–26–01).
AD 2013–26–01 applied to all CFM
CFM56–3 and CFM56–7B series
turbofan engines with certain AGBs not
equipped with a dynamic oil seal in the
handcranking pad assembly. The NPRM
published in the Federal Register on
May 3, 2021 (86 FR 23301). The NPRM
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2022–03177 Filed 2–14–22; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2021–0259; Project
Identifier AD–2020–01128–E; Amendment
39–21900; AD 2022–02–03]
RIN 2120–AA64
Airworthiness Directives; CFM
International, S.A. Turbofan Engines
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
SUMMARY:
lotter on DSK11XQN23PROD with RULES1
the pad cover for maintenance. This AD
was prompted by a dual engine loss of
oil event and 42 prior events of total
loss of engine oil during flight. This AD
requires independent inspection to
verify re-installation of the AGB
handcranking pad cover after
maintenance. This AD also requires the
replacement of the affected AGB as a
terminating action to the inspection
requirement. The FAA is issuing this
AD to address the unsafe condition on
these products.
DATES: This AD is effective March 22,
2022.
ADDRESSES: For service information
identified in this final rule, contact CFM
International, S.A., Aviation Operations
Center, 1 Neumann Way, M/D Room
285, Cincinnati, OH 45125; phone: (877)
432–3272; email: fleetsupport@ge.com.
You may view this service information
at the FAA, Airworthiness Products
Section, Operational Safety Branch,
1200 District Avenue, Burlington, MA
01803. For information on the
availability of this material at the FAA,
call (817) 222–5110. It is also available
at https://www.regulations.gov by
searching for and locating Docket No.
FAA–2021–0259.
VerDate Sep<11>2014
16:09 Feb 14, 2022
Jkt 256001
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
was prompted by a dual engine loss of
oil event and 42 prior events of total
loss of engine oil during flight. In the
NPRM, the FAA proposed to retain
certain requirements of AD 2013–26–01.
The NPRM proposed to require the
performance of an independent
inspection to verify re-installation of the
AGB handcranking pad cover after
maintenance. Alternatively, the NPRM
proposed to require the insertion of an
independent inspection as a required
inspection item in the approved
continuous airworthiness maintenance
program for the aircraft not later than
the next time the AGB handcranking
pad cover is removed for maintenance.
The NPRM also proposed to remove
the optional terminating action in AD
2013–26–01 and add a mandatory
terminating action for certain model
turbofan engines, requiring the removal
and replacement of an affected AGB
with an AGB that incorporates the
dynamic oil seal in the handcranking
pad cover assembly. For all CFM56–3
and the majority of CFM56–7B turbofan
engine models, the NPRM proposed to
require replacement of the AGB as a
mandatory terminating action to the
inspection requirement. The NPRM
does not require this terminating action
for CFM56–7B27A, CFM56–7B27A/3
and CFM56–7B27AE model turbofan
engines because these model engines,
which are installed only in military
airplanes, do not have a replacement
AGB eligible for installation. The FAA
is issuing this AD to address the unsafe
condition on these products.
Discussion of Final Airworthiness
Directive
Comments
The FAA received comments from
seven commenters. The commenters
were Alaska Airlines, Inc. (Alaska),
American Airlines (American), Air Line
Pilot Association, International (ALPA),
CFM, Delta Air Lines, Inc. (Delta), Jet
Engine Technology Corporation (Jet
Engine Technology), and United
Airlines (United). The following
presents the comments received on the
NPRM and the FAA’s response to each
comment.
Request To Revise Service Bulletin (SB)
References To Allow On-Wing
Procedure
Alaska requested that the FAA revise
the definition in paragraph (i)(3)(ii) of
this AD to include an affected AGB that
has been reworked and reidentified to a
part number (P/N) eligible for
installation, as applicable to the
removed P/N, in accordance with an
FAA approved CFM International SB.
E:\FR\FM\15FER1.SGM
15FER1
]]>Agencies
[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Rules and Regulations]
[Pages 8399-8402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03177]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Doc. No. AMS-SC-20-0095; SC21-946-1 FR]
Irish Potatoes Grown in Washington; Termination of Marketing
Order 946
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 Washington, and the
rules and regulations issued thereunder. The marketing order is
administered locally by the State of Washington Potato Committee
(Committee), which unanimously recommended its termination at a meeting
held on June 11, 2020. This recommendation is based on the Committee's
determination that the marketing order is no longer an effective
marketing tool for the Washington potato industry and that termination
best serves the current needs of the industry by eliminating the costs
associated with its operation.
DATES: Effective March 2, 2022.
FOR FURTHER INFORMATION CONTACT: Gregory A. Breasher, Marketing
Specialist, or Gary Olson, Regional Director, Market Development
Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2054
or Email: [email protected] or [email protected].
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Market Development Division,
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP
0237, Washington, DC 20250-0237;
[[Page 8400]]
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email:
[email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
finalizes the termination of regulations issued to carry out a
marketing order as defined in 7 CFR 900.2(j). This final rule is issued
under Marketing Order No. 946, as amended (7 CFR part 946), regulating
the handling of potatoes grown in Washington. Part 946 (referred to as
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.'' This action is governed by Sec. 608c(16)(A) of the Act.
The Committee locally administers the Order and is comprised of
producers and handlers operating within the production area.
The Department of Agriculture (USDA) is issuing this final rule in
conformance with Executive Orders 12866 and 13563. Executive Orders
12866 and 13563 direct agencies to assess all costs and benefits of
available regulatory alternatives and, if regulation is necessary, to
select regulatory approaches that maximize net benefits (including
potential economic, environmental, public health and safety effects,
distributive impacts and equity). Executive Order 13563 emphasizes the
importance of quantifying both costs and benefits, reducing costs,
harmonizing rules, and promoting flexibility. This action falls within
a category of regulatory actions that the Office of Management and
Budget (OMB) exempted from Executive Order 12866 review.
In addition, this final rule has been reviewed under Executive
Order 13175--Consultation and Coordination with Indian Tribal
Governments, which requires agencies to consider whether their
rulemaking actions would have tribal implications. Agricultural
Marketing Service (AMS) has determined this final rule is unlikely to
have substantial direct effects on one or more Indian tribes, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes.
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 a marketing order may file with USDA a
petition stating that the marketing order, any provision of the
marketing order, or any obligation imposed in connection with the
marketing order is not in accordance with law and request a
modification of the marketing 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 and the rules and regulations
issued thereunder. The Order contains authority for the regulation of
Irish potatoes grown in Washington. At a virtual meeting held on June
11, 2020, the Committee unanimously recommended termination of the
Order.
Section 946.63(b) of the Order provides that USDA terminates or
suspends any or all provisions of the Order when a finding is made that
the Order does not tend to effectuate the declared policy of the Act.
In addition, section 608c(16)(A) of the Act provides that USDA
terminates or suspends the operation of any order whenever the order or
any provision thereof obstructs or does not tend to effectuate the
declared policy of the Act. Additionally, USDA is required to notify
Congress no later than 60 days before the date the Order would be
terminated.
Marketing Order No. 946 has been in effect since 1949 and has
provided the potato industry in Washington with authority for grade,
size, quality, maturity, pack, and container regulations, as well as
authority for mandatory product inspection. The Committee has met
regularly to evaluate the current status of the Washington potato
industry and to consider recommendations for modification, suspension,
or termination of the Order's regulatory requirements, which have been
issued on a continuing basis. Committee meetings are open to the public
and interested persons may express their views at these meetings. The
USDA reviews Committee recommendations, including information provided
by the Committee and from other available sources, and determines
whether modification, suspension, or termination of the Order's
regulatory requirements would tend to effectuate the declared policy of
the Act.
Handling regulations requiring potatoes to be inspected and meet
mandatory minimum grade, size, maturity, quality, pack, and container
requirements were in effect for all types of potatoes until 2010. USDA
temporarily suspended the handling regulations for Russet type potatoes
for one year, effective July 24, 2010 (75 FR 43042), and subsequently
extended that suspension indefinitely, effective July 1, 2011 (76 FR
27850). Further, USDA temporarily suspended the handling regulations
for yellow fleshed and white type potatoes effective October 24, 2013
(78 FR 62967), also extending that suspension indefinitely, effective
July 1, 2014 (79 FR 26109). Lastly, USDA indefinitely suspended the
handling regulations for all red types of potatoes, effective February
15, 2014 (79 FR 8253). The cumulative effect of the various suspensions
was the total suspension of handling regulations for all fresh potatoes
under the Order after July 1, 2014. All of the suspensions listed above
were enacted upon the Committee's recommendation.
Following these regulatory suspensions, the Committee continued to
levy assessments in order to maintain its functionality. The Committee
felt that it should continue to fund its full operational capability in
order to collect handler reports, track industry data, and preserve the
authority to regulate handling, should that become relevant to the
industry again sometime in the future.
The Committee met on January 22 and June 11, 2020, to discuss the
current marketing environment of the Washington potato industry and the
status of the Order. The Committee determined that the suspension of
the Order's handling regulations has not negatively impacted the
industry and that there is no longer a need for the Order. In addition,
the Committee concluded that the data collection and reporting
functions of the Order are duplicative of the services provided to the
industry by the Washington State Potato Commission and that termination
of the Order will not materially impact the collection and
dissemination of essential industry data.
At the meeting held via conference call on June 11, 2020, the
Committee unanimously voted in favor of recommending that USDA
terminate the Order. In addition, the Committee recommended the Order's
reporting and assessment requirements--the only regulatory activities
still in effect--be suspended while USDA processes termination of the
Order. The recommendation to suspend all remaining Order activities was
a separate regulatory action from this rule. A final rule suspending
the Order's reporting and assessment requirements
[[Page 8401]]
was published in the Federal Register February 24, 2021 (86 FR 11091).
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this final rule on small entities. Accordingly, AMS has prepared this
final regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 26 handlers of Washington potatoes and
approximately 250 potato producers in the production area subject to
regulation by the Order.
Small agricultural service firms are defined by the Small Business
Administration (13 CFR 121.201) as those having annual receipts of less
than $30,000,000, and small agricultural producers are defined as those
having annual receipts of less than $1,000,000.
According to USDA Market News, the average shipping point price for
fresh Washington potatoes during the 2019 shipping season was
approximately $15.79 per hundredweight. The Committee reported that
2019-2020 marketing year fresh potato shipments were 9,687,170
hundredweight. Using the average price and shipment information, the
number of handlers, and assuming a normal distribution, most handlers
had average annual receipts of less than $30,000,000 ($15.79 times
9,687,170 hundredweight equals $152,960,414, divided by 26 handlers
equals $5,883,093 per handler). Thus, AMS concludes that the majority
of handlers would meet the SBA definition of a small business.
USDA National Agricultural Statistics Service reported an average
producer price of $8.20 per hundredweight for the 2019 crop. Given the
number of Washington potato producers, and assuming a normal
distribution, average annual producer revenue is below $1,000,000
($8.20 times 9,687,170 hundredweight equals $79,434,794, divided by 250
producers equals $317,739 per producer). Therefore, most producers of
fresh Washington potatoes may be classified as small businesses under
the SBA definition.
This rule terminates the Federal marketing order for Irish potatoes
grown in Washington, and the rules and regulations issued thereunder.
The Order contains authority to regulate the handling of Irish potatoes
grown in Washington. The Committee determined that regulating the
handling of potatoes under the Order is no longer an effective
marketing tool for the Washington potato industry. Evidence from the
past several years of operating with suspended handling regulations
showed that potatoes can be shipped from the production area in the
absence of the Order's minimum requirements without a negative economic
impact on the industry.
Secondly, the Committee determined that the data collection and
reporting function of the Order is duplicative of the services provided
to the industry by the Washington State Potato Commission. The
termination of the Order will not materially impact the collection and
dissemination of essential industry data to Washington state potato
growers.
As such, the Committee concluded that the costs associated with the
administration of the Order outweigh the benefits of continuing the
Order. This conclusion is based on the Committee's analysis of the 6-
year period of regulatory suspension and findings that termination is
not expected to negatively impact the marketing of fresh Washington
potatoes because this action reduces the costs to both handlers and
producers. Therefore, in an action taken on June 11, 2020, the
Committee unanimously recommended that USDA terminates the Order.
Section 946.63(b) of the Order provides that USDA terminates or
suspends 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, Sec. 608c(16)(A) of the Act provides that USDA shall
terminate or suspend the operation of any order whenever the order or
provision thereof obstructs or does not tend to effectuate the declared
policy of the Act. An additional provision requires that Congress be
notified no later than 60 days before the date the order would be
terminated.
The Committee considered alternatives to this rule, including
taking no action (which would keep the Order active but with the
handling regulations suspended) and suspending all of the Order's
remaining regulatory provisions but not terminating the Order. The
Committee determined that neither option was a viable long-term
solution and subsequently recommended that the Order be terminated.
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 OMB and contained in OMB No. 0581-0178 Vegetable
and Specialty Crops. Termination of the Order, and the reporting
requirements prescribed therein, will eliminate the reporting burden on
Washington potato handlers. Handlers will no longer file forms with the
Committee, which will reduce industry expenses and save an estimated
9.7 hours per handler per year. This rule will not impose any
additional reporting or recordkeeping requirements on either small or
large 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.
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.
The Committee's meetings are widely publicized throughout the
Washington potato industry, and all interested persons are invited to
attend the meetings and participate in Committee deliberations on all
issues. Like all Committee meetings, the January 22 and June 11, 2020,
meetings were public meetings, and all entities, both large and small,
were able to express their views on these issues. Interested persons
were invited to submit comments on a proposed rule, including the
regulatory and information collection impacts of this action on small
businesses.
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 termination of the
Order was published in the Federal Register on September 7, 2021 (86 FR
49930). AMS distributed the proposed rule to State of Washington potato
industry members. In addition, the rule was made available on the
internet by AMS and the Office of the Federal Register. The proposed
rule provided a 60-day comment period
[[Page 8402]]
for the interested parties to comment, which ended on November 8, 2021.
Two comments were received in support of the termination.
Based on the foregoing, and pursuant to Sec. 608c(16)(A) of the
Act and Sec. 946.63 of the Order, it is hereby found that the Federal
marketing Order 946 regulating the handling of Irish potatoes grown in
Washington does not tend to effectuate the declared policy of the Act
and is therefore terminated.
Following termination, trustees will be appointed to conclude and
liquidate the Committee affairs and will continue in that capacity
until discharged by USDA. Section 608c(16)(A) of the Act requires USDA
to notify Congress 60 days in advance of termination of a Federal
marketing order. USDA notified Congress on December 2, 2021.
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
PART 946--[REMOVED]
0
For the reasons set forth in the preamble, and under the authority of 7
U.S.C. 601-674, 7 CFR part 946 is removed.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-03177 Filed 2-14-22; 8:45 am]
BILLING CODE 3410-02-P
