80 FR 50191 - Irish Potatoes Grown in Southeastern States; Suspension of Marketing Order Provisions
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 160 (August 19, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 160 (August 19, 2015)
| Page Range | 50191-50192 | |
| FR Document | 2015-20443 |
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)] [Rules and Regulations] [Pages 50191-50192] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20443] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 953 [Doc. No. AMS-FV-14-0011; FV14-953-1 FIR] Irish Potatoes Grown in Southeastern States; Suspension of Marketing Order Provisions AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that continued the previous suspension of the marketing order for Irish potatoes grown in Southeastern states (order). The interim rule continued the suspension of all provisions of the order, and the rules and regulations implemented thereunder, through March 1, 2017, as requested by representatives of the Virginia/North Carolina Irish potato industry. This provides the industry more time to consider changes which could affect the need for the order. If the industry does not petition to have the order reactivated by the end of the suspension period, the Agricultural Marketing Service (AMS) will propose to terminate the order. DATES: Effective August 20, 2015 through March 1, 2017. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected]. 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: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 104 and Marketing Order No. 953, [[Page 50192]] both as amended (7 CFR part 953), regulating the handling of Irish potatoes grown in Southeastern states, hereinafter referred to as the ``order.'' The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' USDA is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. The handling of Irish potatoes grown in Southeastern states is regulated by 7 CFR part 953. Prior to this change, the marketing order, and the rules and regulations implemented thereunder, had been suspended until March 1, 2014. Even though the Southeastern Potato Committee does not function under the suspended order and regulations, representatives of the Virginia/North Carolina Irish potato industry met on December 18, 2013, and requested that the suspension of all provisions of the order, and the rules and regulations implemented thereunder, be continued through March 1, 2017. This gives the industry more time to consider the need for the order. Therefore, this rule continues in effect the rule that suspended, through March 1, 2017, the provisions of Federal Marketing Order No. 953 and the rules and regulations issued thereunder. If the industry does not petition to have the order reactivated by the end of the suspension period, AMS will propose to terminate the order. In an interim rule published in the Federal Register on April 1, 2015, and effective on April 2, 2015, (80 FR 17307, Doc. No. AMS-FV-14- 0011, FV14- 953-1 IR), 7 CFR 953 was suspended through March 1, 2017. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of business subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 10 handlers of Irish potatoes grown in Southeastern states who are subject to regulation under the order and approximately 20 potato producers in the regulated area. Small agricultural service firms are defined by the Small Business Administration (SBA) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those whose annual receipts are less than $750,000 (13 CFR 121.201). Using prices reported by AMS' Market News Service, the average f.o.b. price for Southeastern potatoes for the 2012-13 marketing season was around $25 per hundredweight. USDA has estimated production for the 2012-13 season at approximately 600,000 hundredweight of potatoes. Based on this information, average annual receipts for handlers would be less than $7,000,000. Information provided by the National Agricultural Statistics Service indicates that the average producer price for Irish potatoes grown in North Carolina and Virginia in 2012 was approximately $12.16 per hundredweight. Considering estimated production, average producer revenue would be about $400,000 for the 2012-13 season. Therefore, the majority of Southeastern potato handlers and producers may be classified as small entities. This rule continues in effect the action that continued the previous suspension of the order and the associated rules and regulations through March 1, 2017. The continued suspension gives the industry more time to consider the need for the order. If the industry does not petition to have the order reactivated by the end of the suspension period, AMS will publish a proposal to terminate the order. Authority for this action is provided in section 8c(16)(A) of the Act. Suspension of the order and its corresponding regulations relieves handlers of quality, inspection, and assessment burdens during the suspension period. Also, handler reports will not be required. Suspension of the order is therefore expected to reduce the regulatory burden on handlers and growers of all sizes. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581-0178 Vegetable and Specialty Crops. No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large Southeastern Irish potato handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the industry's meeting was widely publicized throughout the Southeastern Irish potato industry and interested persons were invited to attend the meeting and participate in industry deliberations. The December 18, 2013, meeting was an open meeting and entities, both large and small, were able to express their views on this issue. Comments on the interim rule were required to be received on or before June 1, 2015. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0011-0001. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (80 FR 17307, April 1, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 953 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. Accordingly, the interim rule that suspended 7 CFR part 953 and that was published at 80 FR 17307 on April 1, 2015, is adopted as a final rule, without change. Dated: August 13, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-20443 Filed 8-18-15; 8:45 am] BILLING CODE P
![Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations 50191
This action decreases the assessment Pursuant to 5 U.S.C. 553, it is also DEPARTMENT OF AGRICULTURE
obligation imposed on handlers. found and determined upon good cause
Assessments are applied uniformly on that it is impracticable, unnecessary, Agricultural Marketing Service
all handlers. Decreasing the assessment and contrary to the public interest to
rate reduces the burden on handlers. In give preliminary notice prior to putting 7 CFR Parts 953
addition, the Committee’s meeting was this rule into effect, and that good cause [Doc. No. AMS–FV–14–0011; FV14–953–1
widely publicized throughout the exists for not postponing the effective FIR]
Washington apricot industry, and all date of this rule until 30 days after
interested persons were invited to publication in the Federal Register Irish Potatoes Grown in Southeastern
attend the meeting and participate in States; Suspension of Marketing Order
because: (1) The 2015–2016 fiscal
Committee deliberations on all issues. Provisions
period began on April 1, 2015, and the
Like all Committee meetings, the May
12, 2015, meeting was a public meeting, marketing order requires that the rate of AGENCY: Agricultural Marketing Service,
and all entities, both large and small, assessment for each fiscal period apply USDA.
were able to express views on this issue. to all assessable apricots handled during ACTION: Affirmation of interim rule as
Finally, interested persons are invited to such fiscal period; (2) the action final rule.
submit comments on this interim rule, decreases the assessment rate for
including the regulatory and assessable apricots beginning with the SUMMARY: The Department of
informational impacts of this action on 2015–2016 fiscal period; (3) handlers Agriculture (USDA) is adopting, as a
small businesses. are aware of this action, which was final rule, without change, an interim
In accordance with the Paperwork unanimously recommended by the rule that continued the previous
Reduction Act of 1995, (44 U.S.C. Committee at a public meeting and is suspension of the marketing order for
Chapter 35), the order’s information similar to other assessment rate actions Irish potatoes grown in Southeastern
collection requirements have been issued in past years; and (4) this interim states (order). The interim rule
previously approved by the Office of rule provides a 60-day comment period, continued the suspension of all
Management and Budget (OMB) and and all comments timely received will provisions of the order, and the rules
assigned OMB No. 0581–0189. No be considered prior to finalization of and regulations implemented
changes in those requirements as a thereunder, through March 1, 2017, as
this rule.
result of this action are necessary. requested by representatives of the
Should any changes become necessary, List of Subjects in 7 CFR Part 922 Virginia/North Carolina Irish potato
they would be submitted to OMB for industry. This provides the industry
approval. Apricots, Marketing agreements, more time to consider changes which
This action imposes no additional Reporting and recordkeeping could affect the need for the order. If the
reporting or recordkeeping requirements requirements. industry does not petition to have the
on either small or large Washington For the reasons set forth in the order reactivated by the end of the
apricot handlers. As with all Federal suspension period, the Agricultural
preamble, 7 CFR part 922 is amended as
marketing order programs, reports and Marketing Service (AMS) will propose
follows:
forms are periodically reviewed to to terminate the order.
reduce information requirements and PART 922—APRICOTS GROWN IN DATES: Effective August 20, 2015
duplication by industry and public DESIGNATED COUNTIES IN through March 1, 2017.
sector agencies.
AMS is committed to complying with WASHINGTON FOR FURTHER INFORMATION CONTACT:
the E-Government Act, to promote the Doris Jamieson, Marketing Specialist, or
use of the Internet and other ■ 1. The authority citation for 7 CFR Christian D. Nissen, Regional Director,
information technologies to provide part 922 continues to read as follows: Southeast Marketing Field Office,
increased opportunities for citizen Marketing Order and Agreement
Authority: 7 U.S.C. 601–674. Division, Fruit and Vegetable Program,
access to Government information and
services, and for other purposes. AMS, USDA; Telephone: (863) 324–
■ 2. Section 922.235 is revised to read 3375, Fax: (863) 291–8614, or Email:
USDA has not identified any relevant
as follows: Doris.Jamieson@ams.usda.gov or
Federal rules that duplicate, overlap, or
conflict with this rule. Christian.Nissen@ams.usda.gov.
§ 922.235 Assessment rate.
A small business guide on complying Small businesses may obtain
with fruit, vegetable, and specialty crop On and after April 1, 2015, an information on complying with this and
marketing agreements and orders may assessment rate of $0.75 per ton is other marketing order and agreement
be viewed at: www.ams.usda.gov/ established for the Washington Apricot regulations by viewing a guide at the
MarketingOrdersSmallBusinessGuide. Marketing Committee. following Web site: http://
Any questions about the compliance www.ams.usda.gov/
Dated: August 13, 2015.
guide should be sent to Jeffrey Smutny MarketingOrdersSmallBusinessGuide;
Rex A. Barnes, or by contacting Jeffrey Smutny,
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT Associate Administrator, Agricultural Marketing Order and Agreement
section. Marketing Service. Division, Fruit and Vegetable Program,
After consideration of all relevant [FR Doc. 2015–20436 Filed 8–18–15; 8:45 am] AMS, USDA, 1400 Independence
material presented, including the Avenue SW., STOP 0237, Washington,
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BILLING CODE P
information and recommendation DC 20250–0237; Telephone: (202) 720–
submitted by the Committee and other 2491, Fax: (202) 720–8938, or Email:
available information, it is hereby found Jeffrey.Smutny@ams.usda.gov.
that this rule, as hereinafter set forth, SUPPLEMENTARY INFORMATION: This rule
will tend to effectuate the declared is issued under Marketing Agreement
policy of the Act. No. 104 and Marketing Order No. 953,
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![50192 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Rules and Regulations
both as amended (7 CFR part 953), potato producers in the regulated area. programs, reports and forms are
regulating the handling of Irish potatoes Small agricultural service firms are periodically reviewed to reduce
grown in Southeastern states, defined by the Small Business information requirements and
hereinafter referred to as the ‘‘order.’’ Administration (SBA) as those having duplication by industry and public
The order is effective under the annual receipts of less than $7,000,000, sector agencies. In addition, USDA has
Agricultural Marketing Agreement Act and small agricultural producers are not identified any relevant Federal rules
of 1937, as amended (7 U.S.C. 601–674), defined as those whose annual receipts that duplicate, overlap or conflict with
hereinafter referred to as the ‘‘Act.’’ are less than $750,000 (13 CFR 121.201). this rule.
USDA is issuing this rule in Using prices reported by AMS’ Market
conformance with Executive Orders News Service, the average f.o.b. price for Further, the industry’s meeting was
12866, 13563, and 13175. Southeastern potatoes for the 2012–13 widely publicized throughout the
The handling of Irish potatoes grown marketing season was around $25 per Southeastern Irish potato industry and
in Southeastern states is regulated by 7 hundredweight. USDA has estimated interested persons were invited to
CFR part 953. Prior to this change, the production for the 2012–13 season at attend the meeting and participate in
marketing order, and the rules and approximately 600,000 hundredweight industry deliberations. The December
regulations implemented thereunder, of potatoes. Based on this information, 18, 2013, meeting was an open meeting
had been suspended until March 1, average annual receipts for handlers and entities, both large and small, were
2014. Even though the Southeastern would be less than $7,000,000. able to express their views on this issue.
Potato Committee does not function Information provided by the National
under the suspended order and Comments on the interim rule were
Agricultural Statistics Service indicates
regulations, representatives of the that the average producer price for Irish required to be received on or before June
Virginia/North Carolina Irish potato potatoes grown in North Carolina and 1, 2015. No comments were received.
industry met on December 18, 2013, and Virginia in 2012 was approximately Therefore, for the reasons given in the
requested that the suspension of all $12.16 per hundredweight. Considering interim rule, we are adopting the
provisions of the order, and the rules estimated production, average producer interim rule as a final rule, without
and regulations implemented revenue would be about $400,000 for change.
thereunder, be continued through the 2012–13 season. Therefore, the To view the interim rule, go to:
March 1, 2017. This gives the industry majority of Southeastern potato http://www.regulations.gov/
more time to consider the need for the handlers and producers may be #!documentDetail;D=AMS-FV-14-0011-
order. Therefore, this rule continues in classified as small entities. 0001.
effect the rule that suspended, through This rule continues in effect the
March 1, 2017, the provisions of Federal action that continued the previous This action also affirms information
Marketing Order No. 953 and the rules suspension of the order and the contained in the interim rule concerning
and regulations issued thereunder. If the associated rules and regulations through Executive Orders 12866, 12988, 13175,
industry does not petition to have the March 1, 2017. The continued and 13563; the Paperwork Reduction
order reactivated by the end of the suspension gives the industry more time Act (44 U.S.C. Chapter 35); and the E-
suspension period, AMS will propose to to consider the need for the order. If the Gov Act (44 U.S.C. 101).
terminate the order. industry does not petition to have the After consideration of all relevant
In an interim rule published in the order reactivated by the end of the material presented, it is found that
Federal Register on April 1, 2015, and suspension period, AMS will publish a finalizing the interim rule, without
effective on April 2, 2015, (80 FR 17307, proposal to terminate the order. change, as published in the Federal
Doc. No. AMS–FV–14–0011, FV14– Authority for this action is provided in
Register (80 FR 17307, April 1, 2015)
953–1 IR), 7 CFR 953 was suspended section 8c(16)(A) of the Act.
Suspension of the order and its will tend to effectuate the declared
through March 1, 2017. policy of the Act.
corresponding regulations relieves
Final Regulatory Flexibility Analysis handlers of quality, inspection, and List of Subjects in 7 CFR Part 953
Pursuant to requirements set forth in assessment burdens during the
the Regulatory Flexibility Act (RFA) (5 suspension period. Also, handler Marketing agreements, Potatoes,
U.S.C. 601–612), the Agricultural reports will not be required. Suspension Reporting and recordkeeping
Marketing Service (AMS) has of the order is therefore expected to requirements.
considered the economic impact of this reduce the regulatory burden on
action on small entities. Accordingly, handlers and growers of all sizes. Accordingly, the interim rule that
AMS has prepared this final regulatory In accordance with the Paperwork suspended 7 CFR part 953 and that was
flexibility analysis. Reduction Act of 1995 (44 U.S.C. published at 80 FR 17307 on April 1,
The purpose of the RFA is to fit Chapter 35), the order’s information 2015, is adopted as a final rule, without
regulatory actions to the scale of collection requirements have been change.
business subject to such actions in order previously approved by the Office of Dated: August 13, 2015.
that small businesses will not be unduly Management and Budget (OMB) and Rex A. Barnes,
or disproportionately burdened. assigned OMB No. 0581–0178 Vegetable
Associate Administrator, Agricultural
Marketing orders issued pursuant to the and Specialty Crops. No changes in
Marketing Service.
Act, and the rules issued thereunder, are those requirements as a result of this
[FR Doc. 2015–20443 Filed 8–18–15; 8:45 am]
unique in that they are brought about action are necessary. Should any
rmajette on DSK2VPTVN1PROD with RULES
through group action of essentially changes become necessary, they would BILLING CODE P
small entities acting on their own be submitted to OMB for approval.
behalf. This rule will not impose any
There are approximately 10 handlers additional reporting or recordkeeping
of Irish potatoes grown in Southeastern requirements on either small or large
states who are subject to regulation Southeastern Irish potato handlers. As
under the order and approximately 20 with all Federal marketing order
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Document Created: 2015-12-15 11:58:53
Document Modified: 2015-12-15 11:58:53
| 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 August 20, 2015 through March 1, 2017. | |
| Contact | Doris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected] | |
| FR Citation | 80 FR 50191 | |
| CFR Associated | Marketing Agreements; Potatoes and Reporting and Recordkeeping Requirements |
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