81_FR_50553 81 FR 50406 - Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2

81 FR 50406 - Irish Potatoes Grown in Colorado; Modification of the Handling Regulation for Area No. 2

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 147 (August 1, 2016)

Page Range50406-50408
FR Document2016-18114

This proposed rule would implement a recommendation from the Colorado Potato Administrative Committee, Area No. 2 (Committee) to revise the grade requirement currently prescribed for 1\1/2\-inch minimum to 2\1/4\-inch maximum diameter (Size B) potatoes under the Colorado potato marketing order (order). The Committee locally administers the order and is comprised of producers and handlers of potatoes operating within the area of production. This action would relax the current minimum grade requirement for Size B red potatoes from U.S. Commercial grade or better to U.S. No. 2 grade or better. Relaxing this grade requirement would allow area handlers to supply new markets with U.S. No. 2 grade Size B red potatoes and is expected to benefit producers, handlers, and consumers.

Federal Register, Volume 81 Issue 147 (Monday, August 1, 2016)
[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Proposed Rules]
[Pages 50406-50408]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18114]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / 
Proposed Rules

[[Page 50406]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 948

[Doc. No. AMS-SC-16-0042; SC16-948-1 PR]


Irish Potatoes Grown in Colorado; Modification of the Handling 
Regulation for Area No. 2

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would implement a recommendation from the 
Colorado Potato Administrative Committee, Area No. 2 (Committee) to 
revise the grade requirement currently prescribed for 1\1/2\-inch 
minimum to 2\1/4\-inch maximum diameter (Size B) potatoes under the 
Colorado potato marketing order (order). The Committee locally 
administers the order and is comprised of producers and handlers of 
potatoes operating within the area of production. This action would 
relax the current minimum grade requirement for Size B red potatoes 
from U.S. Commercial grade or better to U.S. No. 2 grade or better. 
Relaxing this grade requirement would allow area handlers to supply new 
markets with U.S. No. 2 grade Size B red potatoes and is expected to 
benefit producers, handlers, and consumers.

DATES: Comments must be received by September 30, 2016.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Docket Clerk, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All 
comments should reference the document number and the date and page 
number of this issue of the Federal Register and will be made available 
for public inspection in the Office of the Docket Clerk during regular 
business hours, or can be viewed at: http://www.regulations.gov. All 
comments submitted in response to this proposal will be included in the 
record and will be made available to the public. Please be advised that 
the identity of the individuals or entities submitting the comments 
will be made public on the internet at the address provided above.

FOR FURTHER INFORMATION CONTACT: Sue Coleman, Marketing Specialist, or 
Gary D. Olson, Regional Director, Northwest Marketing Field Office, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: 
[email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Antoinette Carter, Marketing Order and 
Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing 
Agreement No. 97 and Marketing 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 proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This proposed rule is not intended to have retroactive 
effect.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. A 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    This proposal invites comments on revisions to the grade 
requirement currently prescribed for Size B potatoes under the order. 
This proposal would relax the current minimum grade requirement for 
Size B red potatoes from U.S. Commercial grade to U.S. No. 2 grade. 
This change was unanimously recommended by the Committee at a meeting 
held on March 17, 2016.
    Section 948.22 authorizes the issuance of grade, size, quality, 
maturity, pack, and container regulations for potatoes grown in the 
order's production area. Section 948.21 authorizes the modification, 
suspension, or termination of regulations issued pursuant to Sec.  
948.22.
    Under the Colorado potato marketing order, the State of Colorado is 
divided into three areas of regulation for marketing order purposes. 
These include: Area 1, commonly known as the Western Slope; Area 2, 
commonly known as San Luis Valley; and, Area 3, which consists of the 
remaining producing areas within the State of Colorado not included in 
the definitions of Area 1 or Area 2. Currently, the order only 
regulates the handling of potatoes produced in Area 2 and Area 3. 
Regulation for Area 1 has been suspended.
    The grade, size, and maturity requirements specific to the handling 
of potatoes grown in Area 2 are contained in Sec.  948.386 of the 
order. The current handling regulation requires that, for all 
varieties, Size B potatoes (1\1/2\-inch minimum to 2\1/4\-inch maximum 
diameter as designated in the U.S. Standards for Grades of Potatoes) 
may be handled under the order, if such potatoes meet or exceed the 
requirements of the U.S. Commercial grade.
    At the March 17, 2016, Committee meeting, industry participants 
indicated to the Committee that there is demand in several markets, 
including the food service market, for Size B, U.S. No. 2 grade red 
potatoes. They further stated

[[Page 50407]]

that the order's current grade requirement for Size B potatoes (U.S. 
Commercial grade or better) precludes handlers from supplying this 
growing and profitable market. Relaxing the grade requirement for Size 
B red potatoes would allow area handlers to compete with other domestic 
potato producing regions. This change would effectively lower the 
allowable grade for red varieties of Size B potatoes from U.S. 
Commercial grade or better to U.S. No. 2 grade or better.
    Relaxing the grade requirement to allow shipments of U.S. No. 2 
grade Size B red potatoes would make more potatoes available to 
consumers and would allow Area 2 handlers to move more of the area's 
potato production into the fresh market. This change is expected to 
benefit producers, handlers, and consumers of potatoes.

Initial 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 initial 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 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 66 handlers of Colorado Area No. 2 potatoes 
subject to regulation under the order and approximately 150 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 $7,500,000, and small agricultural 
producers are defined as those having annual receipts of less than 
$750,000 (13 CFR 121.201).
    During the 2014-2015 marketing year, the most recent full marketing 
year for which statistics are available, 14,075,876 hundredweight of 
Colorado Area No. 2 potatoes were inspected under the order and sold 
into the fresh market. Based on information reported by USDA's Market 
News Service, the average f.o.b. shipping point price for the 2014-2015 
Colorado potato crop was $8.60 per hundredweight. Multiplying $8.60 by 
the shipment quantity of 14,075,876 hundredweight yields an annual crop 
revenue estimate of $121,052,534. The average annual fresh potato 
revenue for each of the 66 handlers is therefore calculated to be 
$1,834,129 ($121,052,534 divided by 66), which is less than the SBA 
threshold of $7,500,000. Consequently, on average most of the Colorado 
Area No. 2 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 
2014 Colorado fall potato crop was $8.25 per hundredweight. Multiplying 
$8.25 by the shipment quantity of 14,075,876 hundredweight yields an 
annual crop revenue estimate of $116,125,977. The average annual fresh 
potato revenue for each of the 150 Colorado Area No. 2 potato producers 
is therefore calculated to be approximately $774,173 ($116,125,977 
divided by 150), which is greater than the SBA threshold of $750,000. 
Consequently, on average, many of the Area No. 2 Colorado potato 
producers may not be classified as small entities.
    This proposal would relax the minimum grade requirement prescribed 
for 1\1/2\-inch minimum diameter to 2\1/4\-inch maximum diameter (Size 
B) red potatoes under the order. Currently, the handling of Size B 
potatoes is allowed if the potatoes otherwise meet or exceed the 
requirements of the U.S. Commercial grade standard. This change would 
effectively lower the minimum grade requirement for Size B red potatoes 
from U.S. Commercial grade or better to U.S. No. 2 grade or better. 
Relaxing the grade requirement would allow Colorado Area 2 handlers to 
supply markets with U.S. No. 2 grade Size B red potatoes and enable 
them to better compete with the other domestic potato producing 
regions. The proposed change in the handling regulations is expected to 
benefit producers, handlers, and consumers. All other requirements in 
the order's handling regulations would remain unchanged. Authority for 
this action is contained in Sec. Sec.  948.20, 948.21, and 948.22 of 
the order.
    This relaxation is expected to benefit producers, handlers, and 
consumers of Colorado Area 2 potatoes by allowing a greater quantity of 
potatoes from the production area to enter the fresh market. The 
anticipated increase in volume is expected to translate into greater 
returns for handlers and producers, and more purchasing options for 
consumers.
    After discussing possible alternatives to this proposed rule, the 
Committee determined that a relaxation in the grade requirement for 
Size B red potatoes would meet the industry's current needs while 
maintaining the integrity of the order's quality objectives. During its 
deliberations, the Committee considered making no changes to the 
handling regulation, as well as relaxing the grade requirement for all 
Size B potatoes. The Committee believes that a relaxation in the 
handling regulation for Size B red potatoes is necessary to allow 
handlers to pursue new markets, but lowering the grade requirement for 
all other types and varieties of Size B potatoes to U.S. No. 2 grade or 
better could erode the quality reputation of the area's production. 
Therefore, the Committee found that there were no other viable 
alternatives to the proposal as recommended.
    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 proposed rule would relax minimum grade requirement under the 
Colorado Area 2 potato marketing order. Accordingly, this action would 
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.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap or conflict with this proposed rule.
    In addition, the Committee's meeting was widely publicized 
throughout the Colorado potato industry and all interested persons were 
invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the March 17, 
2016, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue. Finally, interested 
persons are invited to submit comments on this proposed rule, including 
the regulatory and informational impacts of this action on small 
businesses.

[[Page 50408]]

    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Antoinette Carter at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    A 60-day comment period is provided to allow interested persons to 
respond to this proposal. All written comments timely received will be 
considered before a final determination is made on this matter.

List of Subjects in 7 CFR Part 948

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 948 is 
proposed to be amended as follows:

PART 948--IRISH POTATOES GROWN IN COLORADO

0
1. The authority citation for 7 CFR part 948 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

0
2. In Sec.  948.386, paragraph (a)(3) is revised to read as follows:


Sec.  948.386  Handling regulation.

* * * * *
    (a) * * *
    (3) 1\1/2\-inch minimum to 2\1/4\-inch maximum diameter (Size B). 
U.S. Commercial grade or better, except that red varieties may be U.S. 
No. 2 grade or better.
* * * * *

    Dated: July 27, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-18114 Filed 7-29-16; 8:45 am]
BILLING CODE 3410-02-P



                                                  50406

                                                  Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                 Vol. 81, No. 147

                                                                                                                                                                 Monday, August 1, 2016



                                                  This section of the FEDERAL REGISTER                     public inspection in the Office of the                on the petition. After the hearing, USDA
                                                  contains notices to the public of the proposed           Docket Clerk during regular business                  would rule on the petition. The Act
                                                  issuance of rules and regulations. The                   hours, or can be viewed at: http://                   provides that the district court of the
                                                  purpose of these notices is to give interested           www.regulations.gov. All comments                     United States in any district in which
                                                  persons an opportunity to participate in the             submitted in response to this proposal                the handler is an inhabitant, or has his
                                                  rule making prior to the adoption of the final
                                                  rules.
                                                                                                           will be included in the record and will               or her principal place of business, has
                                                                                                           be made available to the public. Please               jurisdiction to review USDA’s ruling on
                                                                                                           be advised that the identity of the                   the petition, provided an action is filed
                                                  DEPARTMENT OF AGRICULTURE                                individuals or entities submitting the                not later than 20 days after the date of
                                                                                                           comments will be made public on the                   the entry of the ruling.
                                                  Agricultural Marketing Service                           internet at the address provided above.                  This proposal invites comments on
                                                                                                           FOR FURTHER INFORMATION CONTACT: Sue                  revisions to the grade requirement
                                                  7 CFR Part 948                                           Coleman, Marketing Specialist, or Gary                currently prescribed for Size B potatoes
                                                  [Doc. No. AMS–SC–16–0042; SC16–948–1                     D. Olson, Regional Director, Northwest                under the order. This proposal would
                                                  PR]                                                      Marketing Field Office, Marketing Order               relax the current minimum grade
                                                                                                           and Agreement Division, Specialty                     requirement for Size B red potatoes from
                                                  Irish Potatoes Grown in Colorado;                        Crops Program, AMS, USDA;                             U.S. Commercial grade to U.S. No. 2
                                                  Modification of the Handling                             Telephone: (503) 326–2724, Fax: (503)                 grade. This change was unanimously
                                                  Regulation for Area No. 2                                326–7440, or Email: Sue.Coleman@                      recommended by the Committee at a
                                                                                                           ams.usda.gov or GaryD.Olson@                          meeting held on March 17, 2016.
                                                  AGENCY:  Agricultural Marketing Service,                 ams.usda.gov.                                            Section 948.22 authorizes the
                                                  USDA.                                                       Small businesses may request                       issuance of grade, size, quality,
                                                  ACTION: Proposed rule.                                   information on complying with this                    maturity, pack, and container
                                                                                                           regulation by contacting Antoinette                   regulations for potatoes grown in the
                                                  SUMMARY:   This proposed rule would                      Carter, Marketing Order and Agreement                 order’s production area. Section 948.21
                                                  implement a recommendation from the                      Division, Specialty Crops Program,                    authorizes the modification, suspension,
                                                  Colorado Potato Administrative                           AMS, USDA, 1400 Independence                          or termination of regulations issued
                                                  Committee, Area No. 2 (Committee) to                     Avenue SW., STOP 0237, Washington,                    pursuant to § 948.22.
                                                  revise the grade requirement currently                   DC 20250–0237; Telephone: (202) 720–                     Under the Colorado potato marketing
                                                  prescribed for 11⁄2-inch minimum to                      2491, Fax: (202) 720–8938, or Email:                  order, the State of Colorado is divided
                                                  21⁄4-inch maximum diameter (Size B)                      Antoinette.Carter@ams.usda.gov.                       into three areas of regulation for
                                                  potatoes under the Colorado potato                                                                             marketing order purposes. These
                                                                                                           SUPPLEMENTARY INFORMATION: This
                                                  marketing order (order). The Committee                                                                         include: Area 1, commonly known as
                                                  locally administers the order and is                     proposal is issued under Marketing
                                                                                                           Agreement No. 97 and Marketing Order                  the Western Slope; Area 2, commonly
                                                  comprised of producers and handlers of                                                                         known as San Luis Valley; and, Area 3,
                                                  potatoes operating within the area of                    No. 948, both as amended (7 CFR part
                                                                                                           948), regulating the handling of Irish                which consists of the remaining
                                                  production. This action would relax the                                                                        producing areas within the State of
                                                  current minimum grade requirement for                    potatoes grown in Colorado, hereinafter
                                                                                                           referred to as the ‘‘order.’’ The order is            Colorado not included in the definitions
                                                  Size B red potatoes from U.S.                                                                                  of Area 1 or Area 2. Currently, the order
                                                  Commercial grade or better to U.S. No.                   effective under the Agricultural
                                                                                                           Marketing Agreement Act of 1937, as                   only regulates the handling of potatoes
                                                  2 grade or better. Relaxing this grade                                                                         produced in Area 2 and Area 3.
                                                  requirement would allow area handlers                    amended (7 U.S.C. 601–674), hereinafter
                                                                                                           referred to as the ‘‘Act.’’                           Regulation for Area 1 has been
                                                  to supply new markets with U.S. No. 2                                                                          suspended.
                                                                                                              The Department of Agriculture
                                                  grade Size B red potatoes and is                                                                                  The grade, size, and maturity
                                                                                                           (USDA) is issuing this proposed rule in
                                                  expected to benefit producers, handlers,                                                                       requirements specific to the handling of
                                                                                                           conformance with Executive Orders
                                                  and consumers.                                                                                                 potatoes grown in Area 2 are contained
                                                                                                           12866, 13563, and 13175.
                                                  DATES: Comments must be received by                         This proposal has been reviewed                    in § 948.386 of the order. The current
                                                  September 30, 2016.                                      under Executive Order 12988, Civil                    handling regulation requires that, for all
                                                  ADDRESSES: Interested persons are                        Justice Reform. This proposed rule is                 varieties, Size B potatoes (11⁄2-inch
                                                  invited to submit written comments                       not intended to have retroactive effect.              minimum to 21⁄4-inch maximum
                                                  concerning this proposal. Comments                          The Act provides that administrative               diameter as designated in the U.S.
                                                  must be sent to the Docket Clerk,                        proceedings must be exhausted before                  Standards for Grades of Potatoes) may
                                                  Marketing Order and Agreement                            parties may file suit in court. Under                 be handled under the order, if such
                                                  Division, Specialty Crops Program,                       section 608c(15)(A) of the Act, any                   potatoes meet or exceed the
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  AMS, USDA, 1400 Independence                             handler subject to an order may file                  requirements of the U.S. Commercial
                                                  Avenue SW., STOP 0237, Washington,                       with USDA a petition stating that the                 grade.
                                                  DC 20250–0237; Fax: (202) 720–8938; or                   order, any provision of the order, or any                At the March 17, 2016, Committee
                                                  Internet: http://www.regulations.gov. All                obligation imposed in connection with                 meeting, industry participants indicated
                                                  comments should reference the                            the order is not in accordance with law               to the Committee that there is demand
                                                  document number and the date and                         and request a modification of the order               in several markets, including the food
                                                  page number of this issue of the Federal                 or to be exempted therefrom. A handler                service market, for Size B, U.S. No. 2
                                                  Register and will be made available for                  is afforded the opportunity for a hearing             grade red potatoes. They further stated


                                             VerDate Sep<11>2014   18:44 Jul 29, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\01AUP1.SGM   01AUP1


                                                                          Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules                                            50407

                                                  that the order’s current grade                           of $121,052,534. The average annual                   integrity of the order’s quality
                                                  requirement for Size B potatoes (U.S.                    fresh potato revenue for each of the 66               objectives. During its deliberations, the
                                                  Commercial grade or better) precludes                    handlers is therefore calculated to be                Committee considered making no
                                                  handlers from supplying this growing                     $1,834,129 ($121,052,534 divided by                   changes to the handling regulation, as
                                                  and profitable market. Relaxing the                      66), which is less than the SBA                       well as relaxing the grade requirement
                                                  grade requirement for Size B red                         threshold of $7,500,000. Consequently,                for all Size B potatoes. The Committee
                                                  potatoes would allow area handlers to                    on average most of the Colorado Area                  believes that a relaxation in the
                                                  compete with other domestic potato                       No. 2 potato handlers may be classified               handling regulation for Size B red
                                                  producing regions. This change would                     as small entities.                                    potatoes is necessary to allow handlers
                                                  effectively lower the allowable grade for                   In addition, based on information                  to pursue new markets, but lowering the
                                                  red varieties of Size B potatoes from                    provided by the National Agricultural                 grade requirement for all other types
                                                  U.S. Commercial grade or better to U.S.                  Statistics Service, the average producer              and varieties of Size B potatoes to U.S.
                                                  No. 2 grade or better.                                   price for the 2014 Colorado fall potato               No. 2 grade or better could erode the
                                                     Relaxing the grade requirement to                     crop was $8.25 per hundredweight.                     quality reputation of the area’s
                                                  allow shipments of U.S. No. 2 grade                      Multiplying $8.25 by the shipment                     production. Therefore, the Committee
                                                  Size B red potatoes would make more                      quantity of 14,075,876 hundredweight                  found that there were no other viable
                                                  potatoes available to consumers and                      yields an annual crop revenue estimate                alternatives to the proposal as
                                                  would allow Area 2 handlers to move                      of $116,125,977. The average annual                   recommended.
                                                  more of the area’s potato production                     fresh potato revenue for each of the 150                 In accordance with the Paperwork
                                                  into the fresh market. This change is                    Colorado Area No. 2 potato producers is               Reduction Act of 1995 (44 U.S.C.
                                                  expected to benefit producers, handlers,                 therefore calculated to be approximately              Chapter 35), the order’s information
                                                  and consumers of potatoes.                               $774,173 ($116,125,977 divided by 150),               collection requirements have been
                                                                                                           which is greater than the SBA threshold               previously approved by the Office of
                                                  Initial Regulatory Flexibility Analysis
                                                                                                           of $750,000. Consequently, on average,                Management and Budget (OMB) and
                                                     Pursuant to requirements set forth in                 many of the Area No. 2 Colorado potato                assigned OMB No. 0581–0178, (Generic
                                                  the Regulatory Flexibility Act (RFA) (5                  producers may not be classified as small              Vegetable and Specialty Crops). No
                                                  U.S.C. 601–612), the Agricultural                        entities.                                             changes in those requirements as a
                                                  Marketing Service (AMS) has                                 This proposal would relax the
                                                  considered the economic impact of this                                                                         result of this action are necessary.
                                                                                                           minimum grade requirement prescribed
                                                  action on small entities. Accordingly,                                                                         Should any changes become necessary,
                                                                                                           for 11⁄2-inch minimum diameter to 21⁄4-
                                                  AMS has prepared this initial regulatory                                                                       they would be submitted to OMB for
                                                                                                           inch maximum diameter (Size B) red
                                                  flexibility analysis.                                                                                          approval.
                                                                                                           potatoes under the order. Currently, the
                                                     The purpose of the RFA is to fit                                                                               This proposed rule would relax
                                                                                                           handling of Size B potatoes is allowed
                                                  regulatory actions to the scale of                                                                             minimum grade requirement under the
                                                                                                           if the potatoes otherwise meet or exceed
                                                  businesses subject to such actions in                    the requirements of the U.S.                          Colorado Area 2 potato marketing order.
                                                  order that small businesses will not be                  Commercial grade standard. This                       Accordingly, this action would not
                                                  unduly or disproportionately burdened.                   change would effectively lower the                    impose any additional reporting or
                                                  Marketing orders issued pursuant to the                  minimum grade requirement for Size B                  recordkeeping requirements on either
                                                  Act, and rules issued thereunder, are                    red potatoes from U.S. Commercial                     small or large potato handlers. As with
                                                  unique in that they are brought about                    grade or better to U.S. No. 2 grade or                all Federal marketing order programs,
                                                  through group action of essentially                      better. Relaxing the grade requirement                reports and forms are periodically
                                                  small entities acting on their own                       would allow Colorado Area 2 handlers                  reviewed to reduce information
                                                  behalf.                                                  to supply markets with U.S. No. 2 grade               requirements and duplication by
                                                     There are approximately 66 handlers                   Size B red potatoes and enable them to                industry and public sector agencies.
                                                  of Colorado Area No. 2 potatoes subject                  better compete with the other domestic                   AMS is committed to complying with
                                                  to regulation under the order and                        potato producing regions. The proposed                the E-Government Act, to promote the
                                                  approximately 150 producers in the                       change in the handling regulations is                 use of the internet and other
                                                  regulated production area. Small                         expected to benefit producers, handlers,              information technologies to provide
                                                  agricultural service firms are defined by                and consumers. All other requirements                 increased opportunities for citizen
                                                  the Small Business Administration                        in the order’s handling regulations                   access to Government information and
                                                  (SBA) as those having annual receipts of                 would remain unchanged. Authority for                 services, and for other purposes.
                                                  less than $7,500,000, and small                          this action is contained in §§ 948.20,                   USDA has not identified any relevant
                                                  agricultural producers are defined as                    948.21, and 948.22 of the order.                      Federal rules that duplicate, overlap or
                                                  those having annual receipts of less than                   This relaxation is expected to benefit             conflict with this proposed rule.
                                                  $750,000 (13 CFR 121.201).                               producers, handlers, and consumers of                    In addition, the Committee’s meeting
                                                     During the 2014–2015 marketing year,                  Colorado Area 2 potatoes by allowing a                was widely publicized throughout the
                                                  the most recent full marketing year for                  greater quantity of potatoes from the                 Colorado potato industry and all
                                                  which statistics are available,                          production area to enter the fresh                    interested persons were invited to
                                                  14,075,876 hundredweight of Colorado                     market. The anticipated increase in                   attend the meeting and participate in
                                                  Area No. 2 potatoes were inspected                       volume is expected to translate into                  Committee deliberations on all issues.
                                                  under the order and sold into the fresh                  greater returns for handlers and                      Like all Committee meetings, the March
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  market. Based on information reported                    producers, and more purchasing options                17, 2016, meeting was a public meeting
                                                  by USDA’s Market News Service, the                       for consumers.                                        and all entities, both large and small,
                                                  average f.o.b. shipping point price for                     After discussing possible alternatives             were able to express views on this issue.
                                                  the 2014–2015 Colorado potato crop                       to this proposed rule, the Committee                  Finally, interested persons are invited to
                                                  was $8.60 per hundredweight.                             determined that a relaxation in the                   submit comments on this proposed rule,
                                                  Multiplying $8.60 by the shipment                        grade requirement for Size B red                      including the regulatory and
                                                  quantity of 14,075,876 hundredweight                     potatoes would meet the industry’s                    informational impacts of this action on
                                                  yields an annual crop revenue estimate                   current needs while maintaining the                   small businesses.


                                             VerDate Sep<11>2014   18:44 Jul 29, 2016   Jkt 238001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\01AUP1.SGM   01AUP1


                                                  50408                    Federal Register / Vol. 81, No. 147 / Monday, August 1, 2016 / Proposed Rules

                                                    A small business guide on complying                    ACTION:   Proposed rule.                              I. General Information
                                                  with fruit, vegetable, and specialty crop
                                                  marketing agreements and orders may                      SUMMARY:    The Environmental Protection              A. Why is the EPA issuing this proposed
                                                  be viewed at: http://www.ams.usda.gov/                   Agency (EPA) is proposing to revise the               rule?
                                                  rules-regulations/moa/small-businesses.                  regulatory definition of volatile organic                This document proposes to revise the
                                                  Any questions about the compliance                       compounds (VOC) under the Clean Air                   EPA’s regulatory definition of VOC for
                                                  guide should be sent to Antoinette                       Act (CAA). This proposed revision                     purposes of preparing state
                                                  Carter at the previously mentioned                       would add 1,1,2,2-Tetrafluoro-1-(2,2,2-               implementation plans (SIPs) to attain
                                                  address in the FOR FURTHER INFORMATION                   trifluoroethoxy) ethane (also known as
                                                                                                                                                                 the national ambient air quality
                                                  CONTACT section.                                         HFE–347pcf2; CAS number 406–78–0)
                                                                                                                                                                 standards (NAAQS) for ozone under
                                                    A 60-day comment period is provided                    to the list of compounds excluded from
                                                  to allow interested persons to respond                   the regulatory definition of VOC on the               title I of the CAA by adding HFE–
                                                  to this proposal. All written comments                   basis that this compound makes a                      347pcf2 to the list of compounds
                                                  timely received will be considered                       negligible contribution to tropospheric               excluded from the regulatory definition
                                                  before a final determination is made on                  ozone formation. In the ‘‘Rules and                   of VOC on the basis that this compound
                                                  this matter.                                             Regulations’’ section of this Federal                 makes a negligible contribution to
                                                                                                           Register, we are making this same                     tropospheric ozone formation. We have
                                                  List of Subjects in 7 CFR Part 948                                                                             published a direct final rule in the
                                                                                                           amendment as a direct final rule
                                                    Marketing agreements, Potatoes,                        without a prior proposed rule. If we                  ‘‘Rules and Regulations’’ section of this
                                                  Reporting and recordkeeping                              receive no adverse comment, we will                   Federal Register because we view this
                                                  requirements.                                            not take further action on this proposed              action as a noncontroversial action and
                                                    For the reasons set forth in the                       rule.                                                 anticipate no adverse comment. We
                                                  preamble, 7 CFR part 948 is proposed to                                                                        have explained our reasons for this
                                                                                                           DATES: Written comments must be
                                                  be amended as follows:                                                                                         action in the preamble to the direct final
                                                                                                           received on or before August 31, 2016.
                                                                                                                                                                 rule.
                                                  PART 948—IRISH POTATOES GROWN                            ADDRESSES:   Submit your comments,                       If we receive no adverse comment, we
                                                  IN COLORADO                                              identified by Docket ID No. EPA–HQ–                   will not take further action on this
                                                                                                           OAR–2015–0041, at http://
                                                  ■ 1. The authority citation for 7 CFR                                                                          proposed rule. If we receive adverse
                                                                                                           www.regulations.gov. Follow the online
                                                  part 948 continues to read as follows:                                                                         comment, we will withdraw the direct
                                                                                                           instructions for submitting comments.
                                                      Authority: 7 U.S.C. 601–674.                         Once submitted, comments cannot be                    final rule and it will not take effect. We
                                                                                                           edited or removed from Regulations.gov.               would address all public comments in
                                                  ■ 2. In § 948.386, paragraph (a)(3) is                                                                         any subsequent final rule based on this
                                                  revised to read as follows:                              The EPA may publish any comment
                                                                                                           received to its public docket. Do not                 proposed rule.
                                                  § 948.386    Handling regulation.                        submit electronically any information                    We do not intend to institute a second
                                                  *     *      *   *    *                                  you consider to be Confidential                       comment period on this action. Any
                                                    (a) * * *                                              Business Information (CBI) or other                   parties interested in commenting must
                                                    (3) 11⁄2-inch minimum to 21⁄4-inch                     information whose disclosure is                       do so at this time. For further
                                                  maximum diameter (Size B). U.S.                          restricted by statute. Multimedia                     information, please see the information
                                                  Commercial grade or better, except that                  submissions (audio, video, etc.) must be              provided in the ADDRESSES section of
                                                  red varieties may be U.S. No. 2 grade or                 accompanied by a written comment.                     this document.
                                                  better.                                                  The written comment is considered the
                                                                                                           official comment and should include                   B. Does this action apply to me?
                                                  *     *      *   *    *
                                                                                                           discussion of all points you wish to
                                                    Dated: July 27, 2016.                                                                                           Entities potentially affected by this
                                                                                                           make. The EPA will generally not
                                                  Elanor Starmer,                                                                                                direct final rule include, but are not
                                                                                                           consider comments or comment
                                                  Administrator, Agricultural Marketing                    contents located outside of the primary               necessarily limited to, state and local air
                                                  Service.                                                 submission (i.e. on the web, cloud, or                pollution control agencies that adopt
                                                  [FR Doc. 2016–18114 Filed 7–29–16; 8:45 am]              other file sharing system). For                       and implement regulations to control air
                                                  BILLING CODE 3410–02–P                                   additional submission methods, the full               emissions of VOC; and industries
                                                                                                           EPA public comment policy,                            manufacturing and/or using HFE–
                                                                                                           information about CBI or multimedia                   347pcf2 as a precision cleaning agent to
                                                  ENVIRONMENTAL PROTECTION                                 submissions, and general guidance on                  remove contaminates including oil, flux,
                                                  AGENCY                                                   making effective comments, please visit               fingerprints from items like medical
                                                                                                           http://www2.epa.gov/dockets/                          devices, artificial implants, crucial
                                                  40 CFR Part 51                                           commenting-epa-dockets.                               military and aerospace items, electric
                                                                                                                                                                 components, printed circuit boards,
                                                  [EPA–HQ–OAR–2015–0041; FRL–9949–76–                      FOR FURTHER INFORMATION CONTACT:
                                                  OAR]
                                                                                                                                                                 optics, jewelry, ball bearings, aircraft
                                                                                                           Souad Benromdhane, Office of Air                      guidance systems, film, relays and a
                                                  RIN 2060–AR94                                            Quality Planning and Standards, Health                variety of metal components, among
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                           and Environmental Impacts Division,
                                                                                                                                                                 others. In addition to being available in
                                                  Air Quality: Revision to the Regulatory                  Mail Code C539–07, Environmental
                                                                                                                                                                 the docket, an electronic copy of this
                                                  Definition of Volatile Organic                           Protection Agency, Research Triangle
                                                                                                                                                                 proposal will also be available on the
                                                  Compounds—Exclusion of 1,1,2,2-                          Park, NC 27711; telephone: (919) 541–
                                                                                                           4359; fax number: (919) 541–5315;                     World Wide Web. Following signature
                                                  Tetrafluoro-1-(2,2,2-trifluoroethoxy)
                                                                                                           email address: benromdhane.souad@                     by the EPA Administrator, a copy of this
                                                  Ethane (HFE–347pcf2)
                                                                                                           epa.gov.                                              action will be posted on the EPA’s Web
                                                  AGENCY: Environmental Protection                                                                               site http://www.epa.gov/airquality/
                                                  Agency (EPA).                                            SUPPLEMENTARY INFORMATION:                            ozonepollution/actions.html#impl.


                                             VerDate Sep<11>2014   18:44 Jul 29, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\01AUP1.SGM   01AUP1



Document Created: 2016-07-30 06:25:46
Document Modified: 2016-07-30 06:25:46
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by September 30, 2016.
ContactSue Coleman, Marketing Specialist, or Gary D. Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, Fax: (503) 326-7440, or Email: [email protected] or [email protected]
FR Citation81 FR 50406 
CFR AssociatedMarketing Agreements; Potatoes and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR