80 FR 30129 - Irish Potatoes Grown in Colorado; Relaxation of the Handling Regulation for Area No. 3
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 101 (May 27, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 101 (May 27, 2015)
| Page Range | 30129-30130 | |
| FR Document | 2015-12751 |
[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)] [Rules and Regulations] [Pages 30129-30130] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-12751] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations [[Page 30129]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 948 [Doc. No. AMS-FV-14-0092; FV15-948-1 FIR] Irish Potatoes Grown in Colorado; Relaxation of the Handling Regulation for Area No. 3 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 implementing a recommendation from the Colorado Potato Administrative Committee, Area No. 3 (Committee) that relaxed the minimum quantity exception for potatoes handled under the Colorado potato marketing order, Area No. 3 (order). The Committee locally administers the order and is comprised of producers and handlers of potatoes operating within the production area. This rule increases the quantity of potatoes that may be handled under the order without regard to the order's handling regulation requirements from 1,000 to 2,000 pounds. This action is expected to benefit producers and handlers. DATES: Effective May 28, 2015. FOR FURTHER INFORMATION CONTACT: Sue Coleman, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: Sue.Coleman@ams.usda.gov or GaryD.Olson@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: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide ; or by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 97 and Order No. 948, both as amended (7 CFR part 948), regulating the handling of Irish potatoes grown in Colorado, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. The handling of Colorado Area No. 3 potatoes is regulated by 7 CFR part 948. Prior to this change, the minimum quantity exception for potatoes was 1,000 pounds. The Committee unanimously recommended increasing the minimum quantity exception to be consistent with the approximate weight of one pallet of potatoes. The recommendation was made at the request of producers and handlers who wanted greater flexibility in distributing smaller quantities of potatoes. Therefore, this rule continues in effect the rule that relaxed the quantity of potatoes that may be handled without regard to the requirements of Sec. 948.387(a) and (b) of the order from 1,000 to 2,000 pounds. In an interim rule published in the Federal Register on January 22, 2015, and effective on January 23, 2015, (80 FR 3140, Doc. No. AMS-FV- 14-0092; FV15-948-1 IR), Sec. 948.387(f) was amended by increasing the minimum quantity from 1,000 to 2,000 pounds of potatoes. 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 6 handlers of Colorado Area No. 3 potatoes subject to regulation under the order and approximately 6 producers in the regulated production area. Small agricultural service firms are defined by the Small Business Administration (SBA) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). During the 2013-2014 fiscal period, the most recent for which statistics are available, 663,025 hundredweight of Colorado Area No. 3 potatoes were inspected under the order and sold into the fresh market. The USDA Market News Service reported a 2013-2014 average f.o.b. price of $10.70 per hundredweight. Multiplying $10.70 by the shipment quantity of 663,025 hundredweight yields a shipping point revenue estimate of $7,094,368. The average annual fresh potato revenue for each of the 6 Colorado Area No. 3 potato handlers is therefore calculated to be approximately $1,182,395 ($7,094,368 divided by 6), which is less than the SBA threshold of $7,000,000. In view of the foregoing, the majority of Colorado Area No. 3 potato handlers may be classified as small entities. In addition, based on information provided by the National Agricultural Statistics Service, the average producer price for the 2013 Colorado fall potato crop was $7.25 per hundredweight. Multiplying $7.25 by the shipment quantity of 663,025 hundredweight yields an annual crop revenue estimate of $4,806,931. The average annual fresh potato revenue for each of the 6 Colorado Area No. 3 potato producers is therefore calculated to be approximately $801,155 ($4,806,931 divided by 6), which is greater than the SBA threshold of $750,000. Consequently, on average, most of the Colorado Area No. 3 potato [[Page 30130]] producers may not be classified as small entities. This rule continues in effect the action that relaxed the quantity of potatoes that may be handled without regard to the requirements of Sec. 948.387(a) and (b) of the order from 1,000 to 2,000 pounds. Authority for the establishment and modification of a minimum quantity exception is provided in Sec. 948.22(b)(2) of the order. This rule amends the provisions in Sec. 948.387(f). This action is not expected to increase the costs associated with the order's requirements. Rather, it is anticipated that this change will have a beneficial impact. The Committee believes it will provide greater flexibility in the distribution of small quantities of potatoes. Currently, the distribution of potatoes between 1,000 and 2,000 pounds requires an inspection and certification that the product conforms to the grade, size, and maturity requirements of the order. This translates into a cost for handlers of both time and inspection fees, which is high in relation to the small value (approximately $214.00 per pallet) of these transactions. This action will allow shipments of up to 2,000 pounds of potatoes without regard to the order's handling requirements and the related costs. The benefits for this rule are expected to be equally available to all fresh potato producers and handlers, regardless of their size. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178 (Generic Vegetable and Specialty Crops). 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 Colorado Area No. 3 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 Committee's meeting was widely publicized throughout the Colorado Area No. 3 potato industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the May 14, 2014, meeting was a public meeting and all 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 March 23, 2015. One comment was received during the comment period in response to the proposal. The commenter opposed the proposed relaxation. The recommendations made by the commenter were to withdraw the change or to increase the exemption to 20,000 pounds. An increase of the minimum quantity exception to 20,000 pounds would eliminate the need for the order, which is not the recommendation of the industry. Also, this action was initiated from a unanimous recommendation of the Committee, which represents a cross-section of the Colorado Area No. 3 potato industry. Accordingly, no changes will be made to the rule. To view the interim rule, go to: http://www.regulations.gov/#!docketDetail;D=AMS-FV-14-0092. 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 3140, January 22, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 948 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. Accordingly, the interim rule that amended 7 CFR part 948 and that was published at 80 FR 3140 on January 22, 2015, is adopted as a final rule, without change. Dated: May 21, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-12751 Filed 5-26-15; 8:45 am] BILLING CODE 3410-02-P
![30129
Rules and Regulations Federal Register
Vol. 80, No. 101
Wednesday, May 27, 2015
This section of the FEDERAL REGISTER regulations by viewing a guide at the AMS has prepared this final regulatory
contains regulatory documents having general following Web site: http:// flexibility analysis.
applicability and legal effect, most of which www.ams.usda.gov/ The purpose of the RFA is to fit
are keyed to and codified in the Code of MarketingOrdersSmallBusinessGuide ; regulatory actions to the scale of
Federal Regulations, which is published under or by contacting Jeffrey Smutny, business subject to such actions in order
50 titles pursuant to 44 U.S.C. 1510.
Marketing Order and Agreement that small businesses will not be unduly
The Code of Federal Regulations is sold by Division, Fruit and Vegetable Program, or disproportionately burdened.
the Superintendent of Documents. Prices of AMS, USDA, 1400 Independence Marketing orders issued pursuant to the
new books are listed in the first FEDERAL Avenue SW., STOP 0237, Washington, Act, and the rules issued thereunder, are
REGISTER issue of each week. DC 20250–0237; Telephone: (202) 720– unique in that they are brought about
2491, Fax: (202) 720–8938, or Email: through group action of essentially
Jeffrey.Smutny@ams.usda.gov. small entities acting on their own
DEPARTMENT OF AGRICULTURE behalf.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement There are approximately 6 handlers of
Agricultural Marketing Service Colorado Area No. 3 potatoes subject to
No. 97 and Order No. 948, both as
amended (7 CFR part 948), regulating regulation under the order and
7 CFR Part 948 approximately 6 producers in the
the handling of Irish potatoes grown in
[Doc. No. AMS–FV–14–0092; FV15–948–1 Colorado, hereinafter referred to as the regulated production area. Small
FIR] agricultural service firms are defined by
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act the Small Business Administration
Irish Potatoes Grown in Colorado; (SBA) as those having annual receipts of
Relaxation of the Handling Regulation of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’ less than $7,000,000, and small
for Area No. 3 agricultural producers are defined as
The Department of Agriculture those having annual receipts of less than
AGENCY: Agricultural Marketing Service, (USDA) is issuing this rule in
USDA. $750,000 (13 CFR 121.201).
conformance with Executive Orders During the 2013–2014 fiscal period,
ACTION: Affirmation of interim rule as 12866, 13563, and 13175.
final rule. the most recent for which statistics are
The handling of Colorado Area No. 3 available, 663,025 hundredweight of
SUMMARY: The Department of potatoes is regulated by 7 CFR part 948. Colorado Area No. 3 potatoes were
Agriculture (USDA) is adopting, as a Prior to this change, the minimum inspected under the order and sold into
final rule, without change, an interim quantity exception for potatoes was the fresh market. The USDA Market
rule implementing a recommendation 1,000 pounds. The Committee News Service reported a 2013–2014
from the Colorado Potato unanimously recommended increasing average f.o.b. price of $10.70 per
Administrative Committee, Area No. 3 the minimum quantity exception to be hundredweight. Multiplying $10.70 by
(Committee) that relaxed the minimum consistent with the approximate weight the shipment quantity of 663,025
quantity exception for potatoes handled of one pallet of potatoes. The hundredweight yields a shipping point
under the Colorado potato marketing recommendation was made at the revenue estimate of $7,094,368. The
order, Area No. 3 (order). The request of producers and handlers who average annual fresh potato revenue for
Committee locally administers the order wanted greater flexibility in distributing each of the 6 Colorado Area No. 3 potato
and is comprised of producers and smaller quantities of potatoes. handlers is therefore calculated to be
handlers of potatoes operating within Therefore, this rule continues in effect approximately $1,182,395 ($7,094,368
the production area. This rule increases the rule that relaxed the quantity of divided by 6), which is less than the
the quantity of potatoes that may be potatoes that may be handled without SBA threshold of $7,000,000. In view of
handled under the order without regard regard to the requirements of the foregoing, the majority of Colorado
to the order’s handling regulation § 948.387(a) and (b) of the order from Area No. 3 potato handlers may be
requirements from 1,000 to 2,000 1,000 to 2,000 pounds. classified as small entities.
pounds. This action is expected to In an interim rule published in the In addition, based on information
benefit producers and handlers. Federal Register on January 22, 2015, provided by the National Agricultural
DATES: Effective May 28, 2015. and effective on January 23, 2015, (80 Statistics Service, the average producer
FOR FURTHER INFORMATION CONTACT: Sue FR 3140, Doc. No. AMS–FV–14–0092; price for the 2013 Colorado fall potato
Coleman, Marketing Specialist, or Gary FV15–948–1 IR), § 948.387(f) was crop was $7.25 per hundredweight.
D. Olson, Regional Director, Northwest amended by increasing the minimum Multiplying $7.25 by the shipment
Marketing Field Office, Marketing Order quantity from 1,000 to 2,000 pounds of quantity of 663,025 hundredweight
and Agreement Division, Fruit and potatoes. yields an annual crop revenue estimate
Vegetable Program, AMS, USDA; Final Regulatory Flexibility Analysis of $4,806,931. The average annual fresh
mstockstill on DSK4VPTVN1PROD with RULES
Telephone: (503) 326–2724, Fax: (503) potato revenue for each of the 6
326–7440, or Email: Sue.Coleman@ Pursuant to requirements set forth in Colorado Area No. 3 potato producers is
ams.usda.gov or GaryD.Olson@ the Regulatory Flexibility Act (RFA) (5 therefore calculated to be approximately
ams.usda.gov. U.S.C. 601–612), the Agricultural $801,155 ($4,806,931 divided by 6),
Small businesses may obtain Marketing Service (AMS) has which is greater than the SBA threshold
information on complying with this and considered the economic impact of this of $750,000. Consequently, on average,
other marketing order and agreement action on small entities. Accordingly, most of the Colorado Area No. 3 potato
VerDate Sep<11>2014 17:50 May 26, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\27MYR1.SGM 27MYR1](https://thefederalregister.org/doc/80_FR_30230/page/1.svg)
![30130 Federal Register / Vol. 80, No. 101 / Wednesday, May 27, 2015 / Rules and Regulations
producers may not be classified as small Committee deliberations. Like all DEPARTMENT OF AGRICULTURE
entities. Committee meetings, the May 14, 2014,
This rule continues in effect the meeting was a public meeting and all Agricultural Marketing Service
action that relaxed the quantity of entities, both large and small, were able
potatoes that may be handled without to express their views on this issue. 7 CFR Part 985
regard to the requirements of [Doc. No. AMS–FV–13–0087; FV14–985–1B
§ 948.387(a) and (b) of the order from Comments on the interim rule were
required to be received on or before FIR]
1,000 to 2,000 pounds. Authority for the
establishment and modification of a March 23, 2015. One comment was Marketing Order Regulating the
minimum quantity exception is received during the comment period in Handling of Spearmint Oil Produced in
provided in § 948.22(b)(2) of the order. response to the proposal. The the Far West; Revision of the Salable
This rule amends the provisions in commenter opposed the proposed Quantity and Allotment Percentage for
§ 948.387(f). relaxation. The recommendations made Class 3 (Native) Spearmint Oil for the
This action is not expected to increase by the commenter were to withdraw the 2014–2015 Marketing Year
the costs associated with the order’s change or to increase the exemption to
requirements. Rather, it is anticipated 20,000 pounds. An increase of the AGENCY: Agricultural Marketing Service,
that this change will have a beneficial USDA.
minimum quantity exception to 20,000
impact. The Committee believes it will ACTION: Affirmation of interim rule as
pounds would eliminate the need for
provide greater flexibility in the the order, which is not the final rule.
distribution of small quantities of recommendation of the industry. Also, SUMMARY: The Department of
potatoes. Currently, the distribution of this action was initiated from a Agriculture (USDA) is adopting, as a
potatoes between 1,000 and 2,000 unanimous recommendation of the final rule, without change, an interim
pounds requires an inspection and
Committee, which represents a cross- rule recommended by the Spearmint Oil
certification that the product conforms
section of the Colorado Area No. 3 Administrative Committee (Committee)
to the grade, size, and maturity
potato industry. Accordingly, no that revised the quantity of Class 3
requirements of the order. This
changes will be made to the rule. (Native) spearmint oil that handlers may
translates into a cost for handlers of
purchase from, or handle on behalf of,
both time and inspection fees, which is To view the interim rule, go to:
producers during the 2014–2015
high in relation to the small value http://www.regulations.gov/
marketing year under the Far West
(approximately $214.00 per pallet) of #!docketDetail;D=AMS-FV-14-0092. spearmint oil marketing order. The
these transactions. This action will This action also affirms information Committee locally administers the order
allow shipments of up to 2,000 pounds
contained in the interim rule concerning and is comprised of spearmint oil
of potatoes without regard to the order’s
Executive Orders 12866, 12988, 13175, producers operating within the
handling requirements and the related
and 13563; the Paperwork Reduction production area. The interim rule
costs. The benefits for this rule are
Act (44 U.S.C. Chapter 35); and the E- increased the Native spearmint oil
expected to be equally available to all
Gov Act (44 U.S.C. 101). salable quantity from 1,090,821 pounds
fresh potato producers and handlers,
to 1,280,561 pounds and the allotment
regardless of their size. After consideration of all relevant
In accordance with the Paperwork percentage from 46 percent to 54
material presented, it is found that percent. This change is expected to help
Reduction Act of 1995 (44 U.S.C. finalizing the interim rule, without
Chapter 35), the order’s information maintain orderly marketing conditions
change, as published in the Federal in the Far West spearmint oil market.
collection requirements have been Register (80 FR 3140, January 22, 2015)
previously approved by the Office of DATES: Effective May 27, 2015.
will tend to effectuate the declared
Management and Budget (OMB) and FOR FURTHER INFORMATION CONTACT:
policy of the Act. Barry Broadbent, Senior Marketing
assigned OMB No. 0581–0178 (Generic
Vegetable and Specialty Crops). No List of Subjects in 7 CFR Part 948 Specialist, or Gary Olson, Regional
changes in those requirements as a Director, Northwest Marketing Field
result of this action are necessary. Marketing agreements, Potatoes, Office, Marketing Order and Agreement
Should any changes become necessary, Reporting and recordkeeping Division, Fruit and Vegetable Program,
they would be submitted to OMB for requirements. AMS, USDA; Telephone: (503) 326–
approval. 2724, Fax: (503) 326–7440, or Email:
Accordingly, the interim rule that
This rule will not impose any Barry.Broadbent@ams.usda.gov or
amended 7 CFR part 948 and that was
additional reporting or recordkeeping GaryD.Olson@ams.usda.gov.
published at 80 FR 3140 on January 22, Small businesses may obtain
requirements on either small or large
2015, is adopted as a final rule, without information on complying with this and
Colorado Area No. 3 potato handlers. As
change. other marketing order regulations by
with all Federal marketing order
programs, reports and forms are Dated: May 21, 2015. viewing a guide at the following Web
periodically reviewed to reduce Rex A. Barnes, site: http://www.ams.usda.gov/
information requirements and Associate Administrator, Agricultural
MarketingOrdersSmallBusinessGuide;
duplication by industry and public Marketing Service. or by contacting Jeffrey Smutny,
sector agencies. In addition, USDA has Marketing Order and Agreement
[FR Doc. 2015–12751 Filed 5–26–15; 8:45 am]
not identified any relevant Federal rules Division, Fruit and Vegetable Program,
mstockstill on DSK4VPTVN1PROD with RULES
BILLING CODE 3410–02–P
that duplicate, overlap or conflict with AMS, USDA, 1400 Independence
this rule. Avenue SW., STOP 0237, Washington,
Further, the Committee’s meeting was DC 20250–0237; Telephone: (202) 720–
widely publicized throughout the 2491, Fax: (202) 720–8938, or Email:
Colorado Area No. 3 potato industry and Jeffrey.Smutny@ams.usda.gov.
all interested persons were invited to SUPPLEMENTARY INFORMATION: This rule
attend the meeting and participate in is issued under Marketing Order No.
VerDate Sep<11>2014 17:50 May 26, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\27MYR1.SGM 27MYR1](https://thefederalregister.org/doc/80_FR_30230/page/2.svg)
Document Created: 2015-12-15 15:36:05
Document Modified: 2015-12-15 15:36:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Affirmation of interim rule as final rule. | |
| Dates | Effective May 28, 2015. | |
| Contact | Sue Coleman, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected] | |
| FR Citation | 80 FR 30129 | |
| CFR Associated | Marketing Agreements; Potatoes and Reporting and Recordkeeping Requirements |
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