83_FR_21278 83 FR 21188 - Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Modification of Handling Regulations

83 FR 21188 - Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon; Modification of Handling Regulations

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 90 (May 9, 2018)

Page Range21188-21191
FR Document2018-09820

This proposed rule would implement a recommendation from the Idaho-Eastern Oregon Potato Committee (Committee) to revise the varietal classifications that determine the size requirements for Irish potatoes grown in certain designated counties of Idaho, and Malheur County, Oregon. As provided under section 8e of the Agricultural Marketing Agreement Act of 1937, the proposed modification would also apply to all imported long type Irish potatoes. This proposed rule would also make administrative revisions to the subpart headings to bring the language into conformance with the Office of Federal Register requirements.

Federal Register, Volume 83 Issue 90 (Wednesday, May 9, 2018)
[Federal Register Volume 83, Number 90 (Wednesday, May 9, 2018)]
[Proposed Rules]
[Pages 21188-21191]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-09820]


========================================================================
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. 83, No. 90 / Wednesday, May 9, 2018 / 
Proposed Rules

[[Page 21188]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 945

[Doc. No. AMS-SC-17-0077; SC18-945-1 PR]


Irish Potatoes Grown in Certain Designated Counties in Idaho, and 
Malheur County, Oregon; Modification of Handling Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule would implement a recommendation from the 
Idaho-Eastern Oregon Potato Committee (Committee) to revise the 
varietal classifications that determine the size requirements for Irish 
potatoes grown in certain designated counties of Idaho, and Malheur 
County, Oregon. As provided under section 8e of the Agricultural 
Marketing Agreement Act of 1937, the proposed modification would also 
apply to all imported long type Irish potatoes. This proposed rule 
would also make administrative revisions to the subpart headings to 
bring the language into conformance with the Office of Federal Register 
requirements.

DATES: Comments must be received by July 9, 2018.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. 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. Comments should reference the document number and 
the date and page number of this issue of the Federal Register and will 
be 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 
proposed rule 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: Barry Broadbent, Marketing Specialist, 
or Gary D. Olson, Regional Manager, 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 Richard Lower, Marketing Order and Agreement 
Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue 
SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, 
Fax: (202) 720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, 
proposes an amendment to regulations issued to carry out a marketing 
order as defined in 7 CFR 900.2(j). This proposed rule is issued under 
Marketing Order No. 945 (7 CFR part 945), as amended, regulating the 
handling of Irish potatoes grown in certain designated counties in 
Idaho, and Malheur County, Oregon. Part 945 (referred to as the 
``Order'') is effective under the Agricultural Marketing Agreement Act 
of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the 
``Act.'' The Committee locally administers the Order and is comprised 
of potato producers and handlers operating within the production area.
    Section 8e of the Act provides that whenever certain specified 
commodities, including potatoes, are regulated under a Federal 
marketing order, imports of these commodities into the United States 
are prohibited unless they meet the same or comparable grade, size, 
quality, or maturity requirements as those in effect for the 
domestically produced commodities.
    The Department of Agriculture (USDA) is issuing this proposed rule 
in conformance with Executive Orders 13563 and 13175. This action falls 
within a category of regulatory actions that the Office of Management 
and Budget (OMB) exempted from Executive Order 12866 review. 
Additionally, because this proposed rule does not meet the definition 
of a significant regulatory action it does not trigger the requirements 
contained in Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs'[thinsp]'' (February 2, 2017).
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This action 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.
    There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of import regulations 
issued under section 8e of the Act.
    Under the terms of the Order, fresh market shipments of Idaho-
Eastern Oregon potatoes are required to be inspected and are subject to 
minimum grade, size, quality, maturity, pack, and container 
requirements. This proposed rule would revise the varietal 
classifications that determine the size requirements for potatoes 
handled under the Order. As required under section 8e of the Act, the 
proposed revisions to the Order's varietal classifications would also 
be applied to imported long type potatoes.
    At its meeting on November 8, 2017, the Committee unanimously 
recommended revising the varietal

[[Page 21189]]

classifications that determine the size requirements for U.S. No. 2 
grade potatoes. Sections 945.51 and 945.52 provide authority for the 
establishment and modification of grade, size, quality, and maturity 
regulations applicable to the handling of potatoes.
    Section 945.341 establishes minimum grade, size, quality, maturity, 
pack, and container requirements for potatoes handled subject to the 
Order. The Order's handling regulations currently have two different 
size requirements for U.S. No. 2 grade potatoes. The requirements are 
applied based upon the varietal classification of the subject potato. 
Currently, the varietal classifications that determine which of the 
different size requirements are applicable are designated as ``round 
varieties'' in Sec.  945.341(a)(2)(i), and ``all other varieties'' in 
Sec.  945.341(a)(2)(ii).
    This proposed rule would remove the designation ``round varieties'' 
in Sec.  945.341(a)(2)(i) to make the size requirements in that 
paragraph applicable to all U.S. No. 2 grade potatoes, unless otherwise 
specified. In addition, this proposed rule would change the designation 
for ``all other varieties'' in Sec.  945.341(a)(2)(ii) to ``Russet 
types,'' maintaining the larger size requirements for ``Russet types'' 
only.
    Committee members reported that the Idaho-Eastern Oregon potato 
industry has been producing and shipping an increasing number of non-
traditional potato varieties, such as oblong, fingerling, and banana 
potatoes. The current size requirements contained in the handling 
regulations do not adequately differentiate between the various types 
of potatoes to effectively regulate the unique varieties that are now 
being marketed from the production area. Without a clear distinction, 
there exists the potential to inhibit orderly marketing of such 
potatoes by requiring them to adhere to size requirements that were 
never intended to be applied to that type or variety. Designating 
potatoes as ``round varieties'' and ``all other varieties'' was 
appropriate when the regulations were initially established but 
potatoes from the production area are now segmented into two different 
market sectors, Russet type potatoes and all other non-Russet 
varieties. The characteristics of each of these market sectors 
continues to need different minimum size requirements. However, with 
the current size requirement classifications in the handling 
regulations, some varieties of potatoes are being required to meet size 
requirements that do not match their natural characteristics or their 
intended market outlet.
    For example, Russet varieties are primarily utilized as baked 
potatoes or are peeled and further prepared by the consumer as products 
such as french fries, potato salad, or mashed potatoes. The Committee 
intends for the size requirements for these potatoes to be greater than 
for other varieties of potatoes and those size requirements match the 
likely utilization of such potatoes. Non-Russet type potatoes are 
typically marketed fresh and are prepared and consumed whole. These 
types, while predominantly round varieties, include unique varieties 
that could not be described as ``round'' but are also not comparable to 
Russet types. Requiring non-Russet type potatoes to meet size 
requirements intended for potatoes used for baking or french fries puts 
those potatoes at a marketing disadvantage.
    The Committee believes that potato size is a significant 
consideration of potato buyers. Providing potato buyers with the sizes 
desired by their customers for the type of potato that is being 
marketed is important to promoting potato sales. The size requirements 
intended to facilitate orderly marketing should not unintentionally 
inhibit a market segment, even if that segment is a minor one. 
Modifying the size requirement classifications to meet the intent of 
the Committee would help facilitate the growth of the emerging market 
for unique potato varieties. This proposed change is expected to 
improve the marketing of Idaho-Eastern Oregon potatoes and enhance 
overall returns to handlers and producers.
    This proposed rule would relax the current handling regulations for 
non-round potatoes that are also not Russet type. Such potatoes would 
be subject to the smaller size requirements that are currently applied 
to round varieties. The Committee believes that, while these potatoes 
represent a small market segment relative to the total output from the 
production area, the market is expected to grow and the Order's 
handling regulations should be responsive to it.
    Section 8e mandates the regulation of certain imported commodities 
whenever those same commodities are regulated by a domestic marketing 
order. Irish potatoes are one of the commodities specifically covered 
by section 8e in the Act. In addition, section 8e stipulates that, 
whenever two or more such marketing orders regulating the same 
agricultural commodity produced in different areas are concurrently in 
effect, imports must comply with the provisions of the order which 
regulates the commodity produced in the area with which the imported 
commodity is in the ``most direct competition.'' 7 CFR 980.1(a)(2)(iii) 
contains the determination that imports of long type potatoes during 
each month of the year are in most direct competition with potatoes of 
the same type produced in the area covered by the Order.
    Minimum grade, size, quality, and maturity requirements for 
potatoes imported into the United States are currently in effect under 
Sec.  980.1. Section 980.1(b)(3) stipulates that, through the entire 
year, the grade, size, quality, and maturity requirements of the Order 
applicable to potatoes of all long types shall be the respective grade, 
size, quality, and maturity requirements for imported potatoes of all 
long types. Therefore, this proposed action would relax the minimum 
size requirements for imports of non-round U.S. No. 2 grade long type 
potatoes, other than Russet types, accordingly.
    This rule would also allow potato importers to respond to the 
changing demands of domestic consumers. The domestic market's 
increasing preference for unique potato varieties applies to imported 
potatoes as well as to domestically produced potatoes. In addition, the 
higher prices that the unique potatoes are expected to command would 
also apply to imported product. Thus, importers are expected to benefit 
along with domestic producers and handlers by increased sales of U.S. 
No. 2 grade potatoes and increased total revenue.

Initial Regulatory Flexibility Analysis

    Pursuant to the 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 proposed rule 
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. Import regulations issued under 
the Act are based on those established under Federal marketing orders.
    There are approximately 32 handlers of Idaho-Eastern Oregon 
potatoes who are subject to regulation under the Order and about 450 
potato producers in the regulated area. In addition, there are 
approximately 255 importers of all types of potatoes, many of which 
import long

[[Page 21190]]

types, who are subject to regulation under the Act. Small agricultural 
service firms, which include potato handlers and importers, are defined 
by the Small Business Administration (SBA) as those having annual 
receipts of less than $7,500,000, and small agricultural producers are 
defined as those whose annual receipts are less than $750,000 (13 CFR 
121.201).
    During the 2016-2017 fiscal period, the most recent full year of 
statistics available, 37,449,300 hundredweight of Idaho-Eastern Oregon 
potatoes were inspected under the Order and sold into the fresh market. 
Based on information provided by the National Agricultural Statistics 
Service (NASS), the average producer price for the 2016 Idaho potato 
crop was $6.75 per hundredweight. Multiplying $6.75 by the shipment 
quantity of 37,449,300 hundredweight yields an annual crop revenue 
estimate of $252,782,775. The average annual fresh potato revenue for 
each of the 450 producers is therefore calculated to be $561,740 
($252,782,775 divided by 450), which is less than the SBA threshold of 
$750,000. Consequently, on average, most of the Idaho-Eastern Oregon 
potato producers may be classified as small entities.
    In addition, based on information reported by USDA's Market News 
Service (Market News), the average f.o.b. shipping point price for the 
2016-2017 Idaho potato crop was $11.79 per hundredweight. Multiplying 
$11.79 by the shipment quantity of 37,449,300 hundredweight yields an 
annual crop revenue estimate of $441,527,247. The average annual fresh 
potato revenue for each of the 32 handlers is therefore calculated to 
be $13,797,726 ($441,527,247 divided by 32), which is above the SBA 
threshold of $7,500,000 for agricultural service firms. Therefore, most 
of the Idaho-Eastern Oregon potato handlers would be classified as 
large entities.
    Further, based on information from USDA's Foreign Agricultural 
Service (FAS), potato importers imported 11,157,190 hundredweight of 
potatoes into the U.S. in 2016 (the most recent full year that 
statistics are available). FAS also reported the total value of potato 
imports for 2016 to be $212,331,000. The average annual revenue of the 
estimated 255 potato importers is therefore calculated to be $832,670 
($212,331,000 divided by 255), which is significantly less than the SBA 
threshold of $7,500,000. Consequently, on average, most of the entities 
importing potatoes into the U.S. may be classified as small entities.
    This proposed rule would revise the varietal classifications that 
determine the size requirements for U.S. No. 2 grade potatoes handled 
under the Order. Specifically, this action would remove the designation 
``round varieties'' in Sec.  945.341(a)(2)(i) to make the size 
requirements in that paragraph applicable to all U.S. No. 2 grade 
potatoes, unless otherwise specified. In addition, this proposed rule 
would change the designation for ``all other varieties'' in Sec.  
945.341(a)(2)(ii) to ``Russet types,'' maintaining the larger size 
requirements that were previously applied to all non-round varieties, 
but would only apply them to ``Russet types.''
    Pursuant to section 8(e) of the Act, this proposed revision to the 
Order's varietal classifications that determine the size requirements 
for U.S. No. 2 grade potatoes would also be applied to imported long 
type Irish potatoes.
    This proposed action was recommended by the Committee to ensure 
that the size profile of non-round, non-Russet type U.S. No. 2 grade 
potatoes would consistently be a size preferred by consumers. This 
proposed change is expected to improve the marketability of Idaho-
Eastern Oregon potatoes and increase returns to handlers and producers. 
Authority for this proposed rule is provided in Sec. Sec.  945.51 and 
945.52 of the Order.
    At the November 8, 2017, meeting, the Committee discussed the 
impact of this change on handlers and producers. The proposed change to 
the varietal classifications that determine the size requirements is a 
relaxation in regulation. The proposed regulatory change is expected to 
have a positive, or neutral, impact on industry participants.
    The Committee relied on the opinions of producers and handlers 
familiar with the industry to draw its conclusions regarding the 
recommended handling regulation change. The Committee received 
anecdotal evidence from industry members at the November 8, 2017, 
meeting that there is some confusion in the industry with regards to 
which size requirements apply to which varieties of potatoes and that 
some varieties are being inspected and sized to requirements that were 
not intended by the Committee. The proposed change to the size 
requirements would clarify which size requirements are applicable to 
which potatoes.
    If implemented, this proposed change is expected to lead to 
increased revenue for handlers and producers. Currently, non-round 
potato varieties that are not Russet type are required to conform to 
the larger size requirements, even though the Committee does not 
believe that this meets its intent with regards to the handling 
regulation. Defining the distinct classifications would allow more of 
the non-round, non-Russet type potatoes to enter the market, thereby 
allowing the sale of potatoes that would have otherwise been 
restricted. The benefits derived from this proposed action are not 
expected to be disproportionately more or less for small handlers or 
producers than for larger entities.
    The Committee discussed alternatives to this proposed change. One 
consideration was making no change at all to the current regulation. 
Another alternative was to further differentiate between various 
varieties and types of potatoes in the handling regulations. There was 
some discussion of adding another classification. After consideration 
of all the alternatives, the Committee decided that the proposed 
changes would provide the greatest amount of benefit to the industry 
with the least amount of burden to producers and handlers.
    Further, the Committee's meeting was widely publicized throughout 
the potato industry, and all interested persons were invited to attend 
the meeting and participate in Committee deliberations. Like all 
Committee meetings, the November 8, 2017, meeting was a public meeting 
and all entities, both large and small, were able to express their 
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.
    In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. 
Chapter 35), the Order's information collection requirements have been 
previously approved by OMB and assigned OMB No. 0581-0178, Generic 
Vegetable and Specialty Crops. No changes in those requirements would 
be necessary as a result of this proposed rule. Should any changes 
become necessary, they would be submitted to OMB for approval.
    This proposed rule would not impose any additional reporting or 
recordkeeping requirements on small or large potato handlers and 
importers. 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.

[[Page 21191]]

    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this proposed rule.
    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 Richard Lower at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    In accordance with section 8e of the Act, the United States Trade 
Representative has concurred with the issuance of this proposed rule.
    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 945

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    For the reasons set forth above, 7 CFR part 945 is proposed to be 
amended as follows:

PART 945--IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN 
IDAHO, AND MALHEUR COUNTY, OREGON

0
1. The authority citation for 7 CFR part 945 continues to read as 
follows:

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

[Subpart Redesignated as Subpart A]

0
2. Redesignate ``Subpart--Order Regulating Handling'' as ``Subpart A--
Order Regulating Handling''.

[Subpart Redesignated as Subpart B and Amended]

0
3. Redesignate ``Subpart--Rules and Regulations'' as subpart B and 
revise the heading to read as follows:

Subpart B--Administrative Requirements

[Subpart Redesignated as Subpart C]

0
4. Redesignate ``Subpart--Assessment Rates'' as ``Subpart C--Assessment 
Rates''.

[Subpart Redesignated as Subpart D and Amended]

0
5. Redesignate ``Subpart--Handling Regulations'' as subpart D and 
revise the heading to read as follows:

Subpart D--Handling Requirements

0
6. In Sec.  945.341, revise paragraphs (a)(2)(i) and (ii) to read as 
follows:


Sec.  945.341  Handling regulation.

* * * * *
    (a) * * *
    (1) * * *
    (2) Size--(i) All varieties, except Russet types. 1\7/8\ inches 
minimum diameter, unless otherwise specified on the container in 
connection with the grade.
    (ii) Russet types. 2 inches minimum diameter, or 4 ounces minimum 
weight: Provided, That at least 40 percent of the potatoes in each lot 
shall be 5 ounces or heavier.
* * * * *

    Dated: May 3, 2018.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2018-09820 Filed 5-8-18; 8:45 am]
 BILLING CODE 3410-02-P



                                               21188

                                               Proposed Rules                                                                                                Federal Register
                                                                                                                                                             Vol. 83, No. 90

                                                                                                                                                             Wednesday, May 9, 2018



                                               This section of the FEDERAL REGISTER                    www.regulations.gov. All comments                     within a category of regulatory actions
                                               contains notices to the public of the proposed          submitted in response to this proposed                that the Office of Management and
                                               issuance of rules and regulations. The                  rule will be included in the record and               Budget (OMB) exempted from Executive
                                               purpose of these notices is to give interested          will be made available to the public.                 Order 12866 review. Additionally,
                                               persons an opportunity to participate in the            Please be advised that the identity of the            because this proposed rule does not
                                               rule making prior to the adoption of the final
                                               rules.
                                                                                                       individuals or entities submitting the                meet the definition of a significant
                                                                                                       comments will be made public on the                   regulatory action it does not trigger the
                                                                                                       internet at the address provided above.               requirements contained in Executive
                                               DEPARTMENT OF AGRICULTURE                               FOR FURTHER INFORMATION CONTACT:                      Order 13771. See OMB’s Memorandum
                                                                                                       Barry Broadbent, Marketing Specialist,                titled ‘‘Interim Guidance Implementing
                                               Agricultural Marketing Service                          or Gary D. Olson, Regional Manager,                   Section 2 of the Executive Order of
                                                                                                       Northwest Marketing Field Office,                     January 30, 2017, titled ‘Reducing
                                               7 CFR Part 945                                          Marketing Order and Agreement                         Regulation and Controlling Regulatory
                                               [Doc. No. AMS–SC–17–0077; SC18–945–1                    Division, Specialty Crops Program,                    Costs’ ’’ (February 2, 2017).
                                               PR]                                                     AMS, USDA; Telephone: (503) 326–                         This proposed rule has been reviewed
                                                                                                       2724, Fax: (503) 326–7440, or Email:                  under Executive Order 12988, Civil
                                               Irish Potatoes Grown in Certain                         Barry.Broadbent@usda.gov or                           Justice Reform. This action is not
                                               Designated Counties in Idaho, and                       GaryD.Olson@usda.gov.                                 intended to have retroactive effect.
                                               Malheur County, Oregon; Modification                       Small businesses may request                          The Act provides that administrative
                                               of Handling Regulations                                 information on complying with this                    proceedings must be exhausted before
                                                                                                       regulation by contacting Richard Lower,               parties may file suit in court. Under
                                               AGENCY:  Agricultural Marketing Service,                Marketing Order and Agreement                         section 608c(15)(A) of the Act, any
                                               USDA.                                                   Division, Specialty Crops Program,                    handler subject to an order may file
                                               ACTION: Proposed rule.                                  AMS, USDA, 1400 Independence                          with USDA a petition stating that the
                                                                                                       Avenue SW, STOP 0237, Washington,                     order, any provision of the order, or any
                                               SUMMARY:    This proposed rule would
                                                                                                       DC 20250–0237; Telephone: (202) 720–                  obligation imposed in connection with
                                               implement a recommendation from the
                                                                                                       2491, Fax: (202) 720–8938, or Email:                  the order is not in accordance with law
                                               Idaho-Eastern Oregon Potato Committee
                                                                                                       Richard.Lower@ams.usda.gov.                           and request a modification of the order
                                               (Committee) to revise the varietal
                                                                                                       SUPPLEMENTARY INFORMATION: This                       or to be exempted therefrom. A handler
                                               classifications that determine the size
                                                                                                       action, pursuant to 5 U.S.C. 553,                     is afforded the opportunity for a hearing
                                               requirements for Irish potatoes grown in
                                                                                                       proposes an amendment to regulations                  on the petition. After the hearing, USDA
                                               certain designated counties of Idaho,
                                                                                                       issued to carry out a marketing order as              would rule on the petition. The Act
                                               and Malheur County, Oregon. As
                                                                                                       defined in 7 CFR 900.2(j). This proposed              provides that the district court of the
                                               provided under section 8e of the
                                                                                                       rule is issued under Marketing Order                  United States in any district in which
                                               Agricultural Marketing Agreement Act
                                                                                                       No. 945 (7 CFR part 945), as amended,                 the handler is an inhabitant, or has his
                                               of 1937, the proposed modification
                                                                                                       regulating the handling of Irish potatoes             or her principal place of business, has
                                               would also apply to all imported long
                                                                                                       grown in certain designated counties in               jurisdiction to review USDA’s ruling on
                                               type Irish potatoes. This proposed rule
                                                                                                       Idaho, and Malheur County, Oregon.                    the petition, provided an action is filed
                                               would also make administrative
                                                                                                       Part 945 (referred to as the ‘‘Order’’) is            not later than 20 days after the date of
                                               revisions to the subpart headings to
                                                                                                       effective under the Agricultural                      the entry of the ruling.
                                               bring the language into conformance
                                                                                                       Marketing Agreement Act of 1937, as                      There are no administrative
                                               with the Office of Federal Register
                                                                                                       amended (7 U.S.C. 601–674), hereinafter               procedures which must be exhausted
                                               requirements.
                                                                                                       referred to as the ‘‘Act.’’ The Committee             prior to any judicial challenge to the
                                               DATES:  Comments must be received by                    locally administers the Order and is                  provisions of import regulations issued
                                               July 9, 2018.                                           comprised of potato producers and                     under section 8e of the Act.
                                               ADDRESSES: Interested persons are                       handlers operating within the                            Under the terms of the Order, fresh
                                               invited to submit written comments                      production area.                                      market shipments of Idaho-Eastern
                                               concerning this proposed rule.                             Section 8e of the Act provides that                Oregon potatoes are required to be
                                               Comments must be sent to the Docket                     whenever certain specified                            inspected and are subject to minimum
                                               Clerk, Marketing Order and Agreement                    commodities, including potatoes, are                  grade, size, quality, maturity, pack, and
                                               Division, Specialty Crops Program,                      regulated under a Federal marketing                   container requirements. This proposed
                                               AMS, USDA, 1400 Independence                            order, imports of these commodities                   rule would revise the varietal
                                               Avenue SW, STOP 0237, Washington,                       into the United States are prohibited                 classifications that determine the size
                                               DC 20250–0237; Fax: (202) 720–8938; or                  unless they meet the same or                          requirements for potatoes handled
amozie on DSK3GDR082PROD with PROPOSALS




                                               internet: http://www.regulations.gov.                   comparable grade, size, quality, or                   under the Order. As required under
                                               Comments should reference the                           maturity requirements as those in effect              section 8e of the Act, the proposed
                                               document number and the date and                        for the domestically produced                         revisions to the Order’s varietal
                                               page number of this issue of the Federal                commodities.                                          classifications would also be applied to
                                               Register and will be available for public                  The Department of Agriculture                      imported long type potatoes.
                                               inspection in the Office of the Docket                  (USDA) is issuing this proposed rule in                  At its meeting on November 8, 2017,
                                               Clerk during regular business hours, or                 conformance with Executive Orders                     the Committee unanimously
                                               can be viewed at http://                                13563 and 13175. This action falls                    recommended revising the varietal


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                                                                       Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules                                           21189

                                               classifications that determine the size                    For example, Russet varieties are                  with which the imported commodity is
                                               requirements for U.S. No. 2 grade                       primarily utilized as baked potatoes or               in the ‘‘most direct competition.’’ 7 CFR
                                               potatoes. Sections 945.51 and 945.52                    are peeled and further prepared by the                980.1(a)(2)(iii) contains the
                                               provide authority for the establishment                 consumer as products such as french                   determination that imports of long type
                                               and modification of grade, size, quality,               fries, potato salad, or mashed potatoes.              potatoes during each month of the year
                                               and maturity regulations applicable to                  The Committee intends for the size                    are in most direct competition with
                                               the handling of potatoes.                               requirements for these potatoes to be                 potatoes of the same type produced in
                                                  Section 945.341 establishes minimum                  greater than for other varieties of                   the area covered by the Order.
                                               grade, size, quality, maturity, pack, and               potatoes and those size requirements                    Minimum grade, size, quality, and
                                               container requirements for potatoes                     match the likely utilization of such                  maturity requirements for potatoes
                                               handled subject to the Order. The                       potatoes. Non-Russet type potatoes are                imported into the United States are
                                               Order’s handling regulations currently                  typically marketed fresh and are                      currently in effect under § 980.1.
                                               have two different size requirements for                prepared and consumed whole. These                    Section 980.1(b)(3) stipulates that,
                                               U.S. No. 2 grade potatoes. The                          types, while predominantly round                      through the entire year, the grade, size,
                                               requirements are applied based upon                     varieties, include unique varieties that              quality, and maturity requirements of
                                               the varietal classification of the subject              could not be described as ‘‘round’’ but               the Order applicable to potatoes of all
                                               potato. Currently, the varietal                         are also not comparable to Russet types.              long types shall be the respective grade,
                                               classifications that determine which of                 Requiring non-Russet type potatoes to                 size, quality, and maturity requirements
                                               the different size requirements are                     meet size requirements intended for                   for imported potatoes of all long types.
                                               applicable are designated as ‘‘round                    potatoes used for baking or french fries              Therefore, this proposed action would
                                               varieties’’ in § 945.341(a)(2)(i), and ‘‘all            puts those potatoes at a marketing                    relax the minimum size requirements
                                               other varieties’’ in § 945.341(a)(2)(ii).               disadvantage.                                         for imports of non-round U.S. No. 2
                                                  This proposed rule would remove the                     The Committee believes that potato                 grade long type potatoes, other than
                                               designation ‘‘round varieties’’ in                      size is a significant consideration of                Russet types, accordingly.
                                               § 945.341(a)(2)(i) to make the size                     potato buyers. Providing potato buyers                  This rule would also allow potato
                                               requirements in that paragraph                          with the sizes desired by their                       importers to respond to the changing
                                               applicable to all U.S. No. 2 grade                      customers for the type of potato that is              demands of domestic consumers. The
                                               potatoes, unless otherwise specified. In                being marketed is important to                        domestic market’s increasing preference
                                               addition, this proposed rule would                      promoting potato sales. The size                      for unique potato varieties applies to
                                               change the designation for ‘‘all other                  requirements intended to facilitate                   imported potatoes as well as to
                                               varieties’’ in § 945.341(a)(2)(ii) to                   orderly marketing should not                          domestically produced potatoes. In
                                               ‘‘Russet types,’’ maintaining the larger                unintentionally inhibit a market                      addition, the higher prices that the
                                               size requirements for ‘‘Russet types’’                  segment, even if that segment is a minor              unique potatoes are expected to
                                               only.                                                   one. Modifying the size requirement                   command would also apply to imported
                                                  Committee members reported that the                  classifications to meet the intent of the             product. Thus, importers are expected
                                               Idaho-Eastern Oregon potato industry                    Committee would help facilitate the                   to benefit along with domestic
                                               has been producing and shipping an                      growth of the emerging market for                     producers and handlers by increased
                                               increasing number of non-traditional                    unique potato varieties. This proposed                sales of U.S. No. 2 grade potatoes and
                                               potato varieties, such as oblong,                       change is expected to improve the                     increased total revenue.
                                               fingerling, and banana potatoes. The                    marketing of Idaho-Eastern Oregon
                                               current size requirements contained in                                                                        Initial Regulatory Flexibility Analysis
                                                                                                       potatoes and enhance overall returns to
                                               the handling regulations do not                         handlers and producers.                                 Pursuant to the requirements set forth
                                               adequately differentiate between the                       This proposed rule would relax the                 in the Regulatory Flexibility Act (RFA)
                                               various types of potatoes to effectively                current handling regulations for non-                 (5 U.S.C. 601–612), the Agricultural
                                               regulate the unique varieties that are                  round potatoes that are also not Russet               Marketing Service (AMS) has
                                               now being marketed from the                             type. Such potatoes would be subject to               considered the economic impact of this
                                               production area. Without a clear                        the smaller size requirements that are                proposed rule on small entities.
                                               distinction, there exists the potential to              currently applied to round varieties.                 Accordingly, AMS has prepared this
                                               inhibit orderly marketing of such                       The Committee believes that, while                    initial regulatory flexibility analysis.
                                               potatoes by requiring them to adhere to                 these potatoes represent a small market                 The purpose of the RFA is to fit
                                               size requirements that were never                       segment relative to the total output from             regulatory actions to the scale of
                                               intended to be applied to that type or                  the production area, the market is                    businesses subject to such actions in
                                               variety. Designating potatoes as ‘‘round                expected to grow and the Order’s                      order that small businesses will not be
                                               varieties’’ and ‘‘all other varieties’’ was             handling regulations should be                        unduly or disproportionately burdened.
                                               appropriate when the regulations were                   responsive to it.                                     Marketing orders issued pursuant to the
                                               initially established but potatoes from                    Section 8e mandates the regulation of              Act, and rules issued thereunder, are
                                               the production area are now segmented                   certain imported commodities whenever                 unique in that they are brought about
                                               into two different market sectors, Russet               those same commodities are regulated                  through group action of essentially
                                               type potatoes and all other non-Russet                  by a domestic marketing order. Irish                  small entities acting on their own
                                               varieties. The characteristics of each of               potatoes are one of the commodities                   behalf. Import regulations issued under
                                               these market sectors continues to need                  specifically covered by section 8e in the             the Act are based on those established
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                                               different minimum size requirements.                    Act. In addition, section 8e stipulates               under Federal marketing orders.
                                               However, with the current size                          that, whenever two or more such                         There are approximately 32 handlers
                                               requirement classifications in the                      marketing orders regulating the same                  of Idaho-Eastern Oregon potatoes who
                                               handling regulations, some varieties of                 agricultural commodity produced in                    are subject to regulation under the Order
                                               potatoes are being required to meet size                different areas are concurrently in effect,           and about 450 potato producers in the
                                               requirements that do not match their                    imports must comply with the                          regulated area. In addition, there are
                                               natural characteristics or their intended               provisions of the order which regulates               approximately 255 importers of all types
                                               market outlet.                                          the commodity produced in the area                    of potatoes, many of which import long


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                                               21190                   Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules

                                               types, who are subject to regulation                    the size requirements for U.S. No. 2                  the handling regulation. Defining the
                                               under the Act. Small agricultural service               grade potatoes handled under the Order.               distinct classifications would allow
                                               firms, which include potato handlers                    Specifically, this action would remove                more of the non-round, non-Russet type
                                               and importers, are defined by the Small                 the designation ‘‘round varieties’’ in                potatoes to enter the market, thereby
                                               Business Administration (SBA) as those                  § 945.341(a)(2)(i) to make the size                   allowing the sale of potatoes that would
                                               having annual receipts of less than                     requirements in that paragraph                        have otherwise been restricted. The
                                               $7,500,000, and small agricultural                      applicable to all U.S. No. 2 grade                    benefits derived from this proposed
                                               producers are defined as those whose                    potatoes, unless otherwise specified. In              action are not expected to be
                                               annual receipts are less than $750,000                  addition, this proposed rule would                    disproportionately more or less for
                                               (13 CFR 121.201).                                       change the designation for ‘‘all other                small handlers or producers than for
                                                  During the 2016–2017 fiscal period,                  varieties’’ in § 945.341(a)(2)(ii) to                 larger entities.
                                               the most recent full year of statistics                 ‘‘Russet types,’’ maintaining the larger                 The Committee discussed alternatives
                                               available, 37,449,300 hundredweight of                  size requirements that were previously                to this proposed change. One
                                               Idaho-Eastern Oregon potatoes were                      applied to all non-round varieties, but               consideration was making no change at
                                               inspected under the Order and sold into                 would only apply them to ‘‘Russet                     all to the current regulation. Another
                                               the fresh market. Based on information                  types.’’                                              alternative was to further differentiate
                                               provided by the National Agricultural                      Pursuant to section 8(e) of the Act,               between various varieties and types of
                                               Statistics Service (NASS), the average                  this proposed revision to the Order’s                 potatoes in the handling regulations.
                                               producer price for the 2016 Idaho potato                varietal classifications that determine               There was some discussion of adding
                                               crop was $6.75 per hundredweight.                       the size requirements for U.S. No. 2                  another classification. After
                                               Multiplying $6.75 by the shipment                       grade potatoes would also be applied to               consideration of all the alternatives, the
                                               quantity of 37,449,300 hundredweight                    imported long type Irish potatoes.                    Committee decided that the proposed
                                               yields an annual crop revenue estimate                     This proposed action was                           changes would provide the greatest
                                               of $252,782,775. The average annual                     recommended by the Committee to                       amount of benefit to the industry with
                                               fresh potato revenue for each of the 450                ensure that the size profile of non-                  the least amount of burden to producers
                                               producers is therefore calculated to be                 round, non-Russet type U.S. No. 2 grade               and handlers.
                                               $561,740 ($252,782,775 divided by 450),                 potatoes would consistently be a size                    Further, the Committee’s meeting was
                                               which is less than the SBA threshold of                 preferred by consumers. This proposed                 widely publicized throughout the potato
                                               $750,000. Consequently, on average,                     change is expected to improve the                     industry, and all interested persons
                                               most of the Idaho-Eastern Oregon potato                 marketability of Idaho-Eastern Oregon                 were invited to attend the meeting and
                                               producers may be classified as small                    potatoes and increase returns to                      participate in Committee deliberations.
                                               entities.                                               handlers and producers. Authority for                 Like all Committee meetings, the
                                                  In addition, based on information                    this proposed rule is provided in                     November 8, 2017, meeting was a public
                                               reported by USDA’s Market News                          §§ 945.51 and 945.52 of the Order.                    meeting and all entities, both large and
                                               Service (Market News), the average f.o.b.                  At the November 8, 2017, meeting, the              small, were able to express their views
                                               shipping point price for the 2016–2017                  Committee discussed the impact of this                on this issue. Finally, interested persons
                                               Idaho potato crop was $11.79 per                        change on handlers and producers. The                 are invited to submit comments on this
                                               hundredweight. Multiplying $11.79 by                    proposed change to the varietal                       proposed rule, including the regulatory
                                               the shipment quantity of 37,449,300                     classifications that determine the size               and informational impacts of this action
                                               hundredweight yields an annual crop                     requirements is a relaxation in                       on small businesses.
                                               revenue estimate of $441,527,247. The                   regulation. The proposed regulatory                      In accordance with the Paperwork
                                               average annual fresh potato revenue for                 change is expected to have a positive, or             Reduction Act of 1995, (44 U.S.C.
                                               each of the 32 handlers is therefore                    neutral, impact on industry participants.             Chapter 35), the Order’s information
                                               calculated to be $13,797,726                               The Committee relied on the opinions               collection requirements have been
                                               ($441,527,247 divided by 32), which is                  of producers and handlers familiar with               previously approved by OMB and
                                               above the SBA threshold of $7,500,000                   the industry to draw its conclusions                  assigned OMB No. 0581–0178, Generic
                                               for agricultural service firms. Therefore,              regarding the recommended handling                    Vegetable and Specialty Crops. No
                                               most of the Idaho-Eastern Oregon potato                 regulation change. The Committee                      changes in those requirements would be
                                               handlers would be classified as large                   received anecdotal evidence from                      necessary as a result of this proposed
                                               entities.                                               industry members at the November 8,                   rule. Should any changes become
                                                  Further, based on information from                   2017, meeting that there is some                      necessary, they would be submitted to
                                               USDA’s Foreign Agricultural Service                     confusion in the industry with regards                OMB for approval.
                                               (FAS), potato importers imported                        to which size requirements apply to                      This proposed rule would not impose
                                               11,157,190 hundredweight of potatoes                    which varieties of potatoes and that                  any additional reporting or
                                               into the U.S. in 2016 (the most recent                  some varieties are being inspected and                recordkeeping requirements on small or
                                               full year that statistics are available).               sized to requirements that were not                   large potato handlers and importers. As
                                               FAS also reported the total value of                    intended by the Committee. The                        with all Federal marketing order
                                               potato imports for 2016 to be                           proposed change to the size                           programs, reports and forms are
                                               $212,331,000. The average annual                        requirements would clarify which size                 periodically reviewed to reduce
                                               revenue of the estimated 255 potato                     requirements are applicable to which                  information requirements and
                                               importers is therefore calculated to be                 potatoes.                                             duplication by industry and public
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                                               $832,670 ($212,331,000 divided by 255),                    If implemented, this proposed change               sector agencies.
                                               which is significantly less than the SBA                is expected to lead to increased revenue                 AMS is committed to complying with
                                               threshold of $7,500,000. Consequently,                  for handlers and producers. Currently,                the E-Government Act, to promote the
                                               on average, most of the entities                        non-round potato varieties that are not               use of the internet and other
                                               importing potatoes into the U.S. may be                 Russet type are required to conform to                information technologies to provide
                                               classified as small entities.                           the larger size requirements, even                    increased opportunities for citizen
                                                  This proposed rule would revise the                  though the Committee does not believe                 access to Government information and
                                               varietal classifications that determine                 that this meets its intent with regards to            services, and for other purposes.


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                                                                       Federal Register / Vol. 83, No. 90 / Wednesday, May 9, 2018 / Proposed Rules                                           21191

                                                  USDA has not identified any relevant                 § 945.341    Handling regulation.                        • Mail: U.S. Department of
                                               Federal rules that duplicate, overlap, or               *      *    *     *     *                             Transportation, Docket Operations,
                                               conflict with this proposed rule.                         (a) * * *                                           M–30, West Building Ground Floor,
                                                  A small business guide on complying                    (1) * * *                                           Room W12–140, 1200 New Jersey
                                               with fruit, vegetable, and specialty crop                 (2) Size—(i) All varieties, except                  Avenue SE, Washington, DC 20590.
                                               marketing agreements and orders may                     Russet types. 17⁄8 inches minimum                        • Hand Delivery: Deliver to Mail
                                               be viewed at: http://www.ams.usda.gov/                  diameter, unless otherwise specified on               address above between 9 a.m. and 5
                                               rules-regulations/moa/small-businesses.                 the container in connection with the                  p.m., Monday through Friday, except
                                               Any questions about the compliance                      grade.                                                Federal holidays.
                                               guide should be sent to Richard Lower                     (ii) Russet types. 2 inches minimum                    For service information identified in
                                               at the previously mentioned address in                  diameter, or 4 ounces minimum weight:                 this NPRM, contact ATR–GIE Avions de
                                               the FOR FURTHER INFORMATION CONTACT                     Provided, That at least 40 percent of the             Transport Régional, 1 Allée Pierre
                                               section.                                                potatoes in each lot shall be 5 ounces or             Nadot, 31712 Blagnac Cedex, France;
                                                  In accordance with section 8e of the                 heavier.                                              telephone +33 (0) 5 62 21 62 21; fax +33
                                               Act, the United States Trade                            *      *    *     *     *                             (0) 5 62 21 67 18; email
                                               Representative has concurred with the                                                                         continued.airworthiness@atr-
                                               issuance of this proposed rule.                           Dated: May 3, 2018.                                 aircraft.com; http://www.atr-
                                                  A 60-day comment period is provided                  Bruce Summers,                                        aircraft.com. You may view this service
                                               to allow interested persons to respond                  Acting Administrator, Agricultural Marketing          information at the FAA, Transport
                                               to this proposal. All written comments                  Service.                                              Standards Branch, 2200 South 216th
                                               timely received will be considered                      [FR Doc. 2018–09820 Filed 5–8–18; 8:45 am]            Street, Des Moines, WA. For
                                               before a final determination is made on                 BILLING CODE 3410–02–P                                information on the availability of this
                                               this matter.                                                                                                  material at the FAA, call 206–231–3195.
                                               List of Subjects in 7 CFR Part 945                                                                            Examining the AD Docket
                                                                                                       DEPARTMENT OF TRANSPORTATION
                                                 Marketing agreements, Potatoes,                                                                               You may examine the AD docket on
                                               Reporting and recordkeeping                             Federal Aviation Administration                       the internet at http://
                                               requirements.                                                                                                 www.regulations.gov by searching for
                                                 For the reasons set forth above, 7 CFR                14 CFR Part 39                                        and locating Docket No. FAA–2018–
                                               part 945 is proposed to be amended as                   [Docket No. FAA–2018–0391; Product                    0391; or in person at the Docket
                                               follows:                                                Identifier 2017–NM–165–AD]                            Management Facility between 9 a.m.
                                                                                                                                                             and 5 p.m., Monday through Friday,
                                               PART 945—IRISH POTATOES GROWN                           RIN 2120–AA64                                         except Federal holidays. The AD docket
                                               IN CERTAIN DESIGNATED COUNTIES                                                                                contains this NPRM, the regulatory
                                               IN IDAHO, AND MALHEUR COUNTY,                           Airworthiness Directives; ATR–GIE
                                                                                                                                                             evaluation, any comments received, and
                                               OREGON                                                  Avions de Transport Régional
                                                                                                                                                             other information. The street address for
                                                                                                       Airplanes
                                                                                                                                                             the Docket Operations office (telephone
                                               ■ 1. The authority citation for 7 CFR
                                                                                                       AGENCY: Federal Aviation                              800–647–5527) is in the ADDRESSES
                                               part 945 continues to read as follows:
                                                                                                       Administration (FAA), DOT.                            section. Comments will be available in
                                                   Authority: 7 U.S.C. 601–674.                                                                              the AD docket shortly after receipt.
                                                                                                       ACTION: Notice of proposed rulemaking
                                               [Subpart Redesignated as Subpart A]                     (NPRM).                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                             Shahram Daneshmandi, Aerospace
                                               ■ 2. Redesignate ‘‘Subpart—Order
                                                                                                       SUMMARY:   We propose to adopt a new                  Engineer, International Section,
                                               Regulating Handling’’ as ‘‘Subpart A—                   airworthiness directive (AD) for certain              Transport Standards Branch, FAA, 2200
                                               Order Regulating Handling’’.                            ATR–GIE Avions de Transport Régional                 South 216th Street, Des Moines, WA
                                               [Subpart Redesignated as Subpart B                      Model ATR42–200, –300, and –320                       98198; telephone and fax 206–231–
                                               and Amended]                                            airplanes. This proposed AD was                       3220.
                                                                                                       prompted by a determination that more
                                               ■ 3. Redesignate ‘‘Subpart—Rules and                                                                          SUPPLEMENTARY INFORMATION:
                                                                                                       restrictive maintenance requirements
                                               Regulations’’ as subpart B and revise the
                                                                                                       and airworthiness limitations are                     Comments Invited
                                               heading to read as follows:
                                                                                                       necessary. This proposed AD would                       We invite you to send any written
                                               Subpart B—Administrative                                require updating the maintenance or                   relevant data, views, or arguments about
                                               Requirements                                            inspection program, as applicable, to                 this proposal. Send your comments to
                                                                                                       incorporate new or more restrictive                   an address listed under the ADDRESSES
                                               [Subpart Redesignated as Subpart C]                     maintenance requirements and                          section. Include ‘‘Docket No. FAA–
                                               ■ 4. Redesignate ‘‘Subpart—Assessment                   airworthiness limitations. We are                     2018–0391; Product Identifier 2017–
                                               Rates’’ as ‘‘Subpart C—Assessment                       proposing this AD to address the unsafe               NM–165–AD’’ at the beginning of your
                                               Rates’’.                                                condition on these products.                          comments. We specifically invite
                                                                                                       DATES: We must receive comments on                    comments on the overall regulatory,
                                               [Subpart Redesignated as Subpart D
                                                                                                       this proposed AD by June 25, 2018.                    economic, environmental, and energy
                                               and Amended]
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                                                                                                       ADDRESSES: You may send comments,                     aspects of this NPRM. We will consider
                                               ■ 5. Redesignate ‘‘Subpart—Handling                     using the procedures found in 14 CFR                  all comments received by the closing
                                               Regulations’’ as subpart D and revise the               11.43 and 11.45, by any of the following              date and may amend this NPRM based
                                               heading to read as follows:                             methods:                                              on those comments.
                                                                                                         • Federal eRulemaking Portal: Go to                    We will post all comments we
                                               Subpart D—Handling Requirements
                                                                                                       http://www.regulations.gov. Follow the                receive, without change, to http://
                                               ■ 6. In § 945.341, revise paragraphs                    instructions for submitting comments.                 www.regulations.gov, including any
                                               (a)(2)(i) and (ii) to read as follows:                    • Fax: 202–493–2251.                                personal information you provide. We


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Document Created: 2018-05-09 03:18:12
Document Modified: 2018-05-09 03:18:12
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 July 9, 2018.
ContactBarry Broadbent, Marketing Specialist, or Gary D. Olson, Regional Manager, 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 Citation83 FR 21188 
CFR AssociatedMarketing Agreements; Potatoes and Reporting and Recordkeeping Requirements

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