83_FR_35294 83 FR 35151 - Irish Potatoes Grown in Southeastern States; Termination of Marketing Order 953

83 FR 35151 - Irish Potatoes Grown in Southeastern States; Termination of Marketing Order 953

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 83, Issue 143 (July 25, 2018)

Page Range35151-35153
FR Document2018-15890

This proposed rule invites comments on the termination of the Federal marketing order regulating the handling of Irish potatoes grown in Southeastern states (Order). The Order has been suspended, at the industry's recommendation, since 2011. Because the industry has not petitioned to have the Order reactivated, in accordance with the terms of the suspension, the Agricultural Marketing Service (AMS) is proposing termination of the Order.

Federal Register, Volume 83 Issue 143 (Wednesday, July 25, 2018)
[Federal Register Volume 83, Number 143 (Wednesday, July 25, 2018)]
[Proposed Rules]
[Pages 35151-35153]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-15890]


========================================================================
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. 143 / Wednesday, July 25, 2018 / 
Proposed Rules

[[Page 35151]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 953

[Doc. No. AMS-SC-18-0037; SC18-953-1 PR]


Irish Potatoes Grown in Southeastern States; Termination of 
Marketing Order 953

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule invites comments on the termination of the 
Federal marketing order regulating the handling of Irish potatoes grown 
in Southeastern states (Order). The Order has been suspended, at the 
industry's recommendation, since 2011. Because the industry has not 
petitioned to have the Order reactivated, in accordance with the terms 
of the suspension, the Agricultural Marketing Service (AMS) is 
proposing termination of the Order.

DATES: Comments must be received by September 24, 2018.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this 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 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: Debbie Wray, Marketing Specialist, or 
Julie H. Santoboni, Rulemaking Branch Chief, 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] 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 proposal is governed by section 
608c(16)(A) of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act,'' and 
Marketing Agreement 104 and Marketing Order 953 (7 CFR part 953), 
referred to as the ``Order,'' effective under the Act.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 13563 and 13175. This proposed rule 
falls within a category of regulatory actions that the Office of 
Management and Budget (OMB) exempted from Executive Order 12866 review. 
Additionally, because this proposal 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 proposal to terminate the Order 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 the termination of the Order. The 
Order authorizes regulation of the handling of Irish potatoes grown in 
designated counties of Virginia and North Carolina. The Order has been 
suspended for approximately seven years, at the industry's 
recommendation, and the industry has not expressed interest in 
reactivating the Order.
    Section 953.66 provides, in pertinent part, that USDA terminate or 
suspend any or all provisions of the Order when a finding is made that 
the Order or any provision thereof does not tend to effectuate the 
declared policy of the Act. In addition, section 608c(16)(A) of the Act 
provides that USDA terminate or suspend the operation of any order or 
any provision thereof whenever the order or any provision thereof 
obstructs or does not tend to effectuate the declared policy of the 
Act. Additionally, USDA is required to notify Congress not later than 
60 days before the date an order would be terminated.
    The Order has been in effect since 1948 and provides for the 
establishment of grade, size, quality, maturity, and inspection 
requirements for Irish potatoes grown in Southeastern states. The Order 
also authorizes reporting and recordkeeping functions required for the 
operation of the Order. The Order, when in effect, is locally 
administered by the Southeastern Potato Committee (Committee) and is 
funded by assessments imposed on handlers.
    Based on the Committee's unanimous recommendation in 2011, USDA 
suspended the Order for a three-year period ending March 1, 2014. The 
Committee recommended the suspension to eliminate the expense of 
administering the Order while determining the effects of not having the 
Order in place. When the Committee

[[Page 35152]]

made the recommendation to suspend the Order, it wanted the industry to 
have the option of reactivating the Order, if deemed appropriate. The 
final rule adopting an interim rule that implemented that action was 
published in the Federal Register on October 21, 2011 (76 FR 65360). 
Upon suspension of the Order in 2011, the Committee ceased to function.
    In anticipation of the expiration of the suspension on March 1, 
2014, in late 2013 USDA sent a letter to members of the industry, most 
of whom were former Committee members. The letter stated that 
suspension of the Order would soon be ending and that members of the 
industry would need to recommend an action to USDA. On December 18, 
2013, representatives of the Virginia and North Carolina Irish potato 
industry met and requested that the suspension of all provisions of the 
Order be continued through March 1, 2017. The extension of the 
suspension would allow the industry further opportunity to study 
changes and evaluate new developments in the industry that could affect 
the need for the Order. The final rule adopting the interim rule that 
implemented that action was published in the Federal Register on August 
19, 2015 (80 FR 50191).
    Under the terms of the suspension, if the industry did not petition 
USDA to have the Order reactivated by the end of the suspension period, 
March 1, 2017, AMS would propose termination of the Order. To date, the 
industry has not filed a petition to have the Order reactivated.
    This proposed termination of the Order is intended to solicit input 
and any additional information available from interested parties 
regarding whether the Order should be terminated. USDA will evaluate 
all available information prior to making a final determination on this 
matter. Termination of the Order would become effective only after a 
60-day notification to Congress, as required by law.

Initial Regulatory Flexibility Analysis

    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601-612), 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 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act are unique in that they are brought about through 
group action of essentially small entities acting on their own behalf.
    There are approximately ten handlers of Irish potatoes grown in 
Southeastern states who are subject to regulation under the Order and 
approximately 20 potato producers in the regulated area. Small 
agricultural service firms are defined by the Small Business 
Administration (SBA) as those having annual receipts of less than 
$7,500,000, and small agricultural producers are defined as those whose 
annual receipts are less than $750,000 (13 CFR 121.201).
    Using prices reported by AMS' Market News Service, the average free 
on board (f.o.b.) price for Southeastern potatoes for the 2017 
marketing season was about $50 per hundredweight. Based on information 
from the National Agricultural Statistics Service (NASS), estimated 
total production in Virginia and North Carolina for the 2017 season was 
4,666,000 hundredweight of potatoes. Multiplying the f.o.b. price by 
the estimated production results in an estimated handler value of 
$233,300,000. Dividing this figure by the number of handlers (ten) 
yields an estimated average annual handler receipt of $23,330,000. 
Using the average price and shipment information, the number of 
handlers, and assuming a normal distribution, the majority of handlers 
have average annual receipts of more than $7,500,000.
    Based on information from NASS, during the 2017 season, there were 
19,600 total acres harvested in Virginia and North Carolina with a 
total value of production at $59,038,000 for the season. The average 
producer prices for Virginia and North Carolina Irish potatoes in 2017 
were $16.30 and $11.40 per hundredweight, respectively, for an average 
price of $13.85. Dividing the 2017 total production value by the 
average of the two states' producer prices and using a normal 
distribution, the average gross annual revenue for each of the 20 
producers would be about $213,134.
    Therefore, based on the above handler and producer revenue 
estimates, the majority of Southeastern potato handlers may be 
classified as large entities, while a majority of producers may be 
classified as small entities.
    This proposed rule would terminate the Order for Irish potatoes 
grown in Southeastern states and the rules and regulations issued 
thereunder. The Order authorizes regulation of the handling of Irish 
potatoes grown in designated counties of Virginia and North Carolina. 
The Order was initially suspended in 2011, at the recommendation of the 
Committee, to eliminate the expense of administering the Order while 
the industry determined the effects of not having regulations in place. 
In 2013, at the request of the industry, the suspension was extended 
through March 1, 2017, to provide the industry with more time to 
consider changes and evaluate new developments in the industry that 
could affect the future need for the Order. The final rule that 
extended the suspension through March 1, 2017, stated that AMS would 
proceed with a notice to propose termination absent an industry 
recommendation to reactivate the Order. The results of the suspension 
and the industry's failure to petition USDA to have the Order 
reactivated by the end of the suspension period support the proposal to 
terminate the Order.
    Section 953.66 provides that USDA terminate or suspend any or all 
provisions of the Order when a finding is made that the Order does not 
tend to effectuate the declared policy of the Act. Furthermore, section 
608c(16)(A) of the Act provides that USDA terminate or suspend the 
operation of any order whenever the order or any provision thereof 
obstructs or does not tend to effectuate the declared policy of the 
Act. An additional provision requires that Congress be notified not 
later than 60 days before the date an order would be terminated.
    The proposed termination of the Order would reduce costs to both 
handlers and producers (while marketing order requirements are applied 
to handlers, the costs of such requirements are often passed on to 
producers). Furthermore, following a period of over seven years of 
regulatory suspension, it has been determined that termination of the 
Order would not adversely impact the Virginia and North Carolina Irish 
potato industry.
    As an alternative to this proposed rule, AMS considered not 
terminating the Order. In that case, the industry could have 
recommended further refinements to the Order and the handling 
regulations to better meet current marketing needs. However, the 
industry did not petition to have the Order reactivated by the end of 
the suspension period. Therefore, this alternative was rejected, and 
AMS proposes that the Order be terminated.
    This proposed rule is intended to solicit input and other available 
information from interested parties on whether the Order should be 
terminated. USDA will evaluate all available information prior to 
making a final determination on this matter.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the information collection requirements that would be 
terminated

[[Page 35153]]

were previously approved by OMB and assigned OMB No. 0581-0178, 
Vegetable and Specialty Crops. Termination of the reporting 
requirements under the Order would reduce the reporting and 
recordkeeping burden on Irish potato handlers in Southeastern states 
and should further reduce industry expenses.
    Because handlers would no longer be required to file forms with the 
Committee, this proposed rule would not impose any additional reporting 
or recordkeeping requirements on either small or large entities.
    In addition, USDA has not identified any relevant Federal rules 
that duplicate, overlap, or conflict with this rule.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    Additionally, interested persons are invited to submit information 
on the regulatory and information collection impacts of this action on 
small businesses.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: 
https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any 
questions about the compliance guide should be sent to Richard Lower at 
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    This proposal invites comments on the termination of Marketing 
Order No. 953, which regulates the handling of Irish potatoes grown in 
Southeastern states. All written comments received within the 60-day 
comment period will be considered before a final determination is made 
in this matter.
    Based on the foregoing, and pursuant to section 608c(16)(A) of the 
Act and Sec.  953.66 of the Order, USDA is considering termination of 
the Order. If USDA decides to terminate the Order, trustees would be 
appointed to conclude and liquidate the affairs of the Committee and 
would continue in that capacity until discharged by USDA. In addition, 
USDA would notify Congress 60 days in advance of termination pursuant 
to section 608c(16)(A) of the Act.

List of Subjects in 7 CFR Part 953

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

PART 953--[REMOVED]

0
For the reasons set forth in the preamble, under the authority of 7 
U.S.C. 601-674, AMS proposes that 7 CFR part 953 be removed.

    Dated: July 19, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2018-15890 Filed 7-24-18; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                                  35151

                                                 Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                Vol. 83, No. 143

                                                                                                                                                                Wednesday, July 25, 2018



                                                 This section of the FEDERAL REGISTER                     public on the internet at the address                 obligation imposed in connection with
                                                 contains notices to the public of the proposed           provided above.                                       the order is not in accordance with law
                                                 issuance of rules and regulations. The                   FOR FURTHER INFORMATION CONTACT:                      and request a modification of the order
                                                 purpose of these notices is to give interested                                                                 or to be exempted therefrom. A handler
                                                                                                          Debbie Wray, Marketing Specialist, or
                                                 persons an opportunity to participate in the                                                                   is afforded the opportunity for a hearing
                                                 rule making prior to the adoption of the final           Julie H. Santoboni, Rulemaking Branch
                                                 rules.                                                   Chief, Marketing Order and Agreement                  on the petition. After the hearing, USDA
                                                                                                          Division, Specialty Crops Program,                    would rule on the petition. The Act
                                                                                                          AMS, USDA; 1400 Independence                          provides that the district court of the
                                                 DEPARTMENT OF AGRICULTURE                                Avenue SW, Stop 0237, Washington, DC                  United States in any district in which
                                                                                                          20250–0237; Telephone: (202) 720–                     the handler is an inhabitant, or has his
                                                 Agricultural Marketing Service                           2491, Fax: (202) 720–8938, or Email:                  or her principal place of business, has
                                                                                                          Debbie.Wray@ams.usda.gov or                           jurisdiction to review USDA’s ruling on
                                                 7 CFR Part 953                                           Julie.Santoboni@ams.usda.gov.                         the petition, provided an action is filed
                                                                                                             Small businesses may request                       not later than 20 days after the date of
                                                 [Doc. No. AMS–SC–18–0037; SC18–953–1                     information on complying with this                    the entry of the ruling.
                                                 PR]                                                      regulation by contacting Richard Lower,                  This proposal invites comments on
                                                                                                          Marketing Order and Agreement                         the termination of the Order. The Order
                                                 Irish Potatoes Grown in Southeastern                     Division, Specialty Crops Program,                    authorizes regulation of the handling of
                                                 States; Termination of Marketing Order                   AMS, USDA, 1400 Independence                          Irish potatoes grown in designated
                                                 953                                                      Avenue SW, STOP 0237, Washington,                     counties of Virginia and North Carolina.
                                                                                                          DC 20250–0237; Telephone: (202) 720–                  The Order has been suspended for
                                                 AGENCY:  Agricultural Marketing Service,                                                                       approximately seven years, at the
                                                                                                          2491, Fax: (202) 720–8938, or Email:
                                                 USDA.                                                                                                          industry’s recommendation, and the
                                                                                                          Richard.Lower@ams.usda.gov.
                                                 ACTION: Proposed rule.                                                                                         industry has not expressed interest in
                                                                                                          SUPPLEMENTARY INFORMATION: This
                                                                                                          proposal is governed by section                       reactivating the Order.
                                                 SUMMARY:   This proposed rule invites                                                                             Section 953.66 provides, in pertinent
                                                 comments on the termination of the                       608c(16)(A) of the Agricultural
                                                                                                          Marketing Agreement Act of 1937, as                   part, that USDA terminate or suspend
                                                 Federal marketing order regulating the                                                                         any or all provisions of the Order when
                                                 handling of Irish potatoes grown in                      amended (7 U.S.C. 601–674), hereinafter
                                                                                                          referred to as the ‘‘Act,’’ and Marketing             a finding is made that the Order or any
                                                 Southeastern states (Order). The Order                                                                         provision thereof does not tend to
                                                 has been suspended, at the industry’s                    Agreement 104 and Marketing Order
                                                                                                          953 (7 CFR part 953), referred to as the              effectuate the declared policy of the Act.
                                                 recommendation, since 2011. Because                                                                            In addition, section 608c(16)(A) of the
                                                 the industry has not petitioned to have                  ‘‘Order,’’ effective under the Act.
                                                                                                             The Department of Agriculture                      Act provides that USDA terminate or
                                                 the Order reactivated, in accordance                                                                           suspend the operation of any order or
                                                 with the terms of the suspension, the                    (USDA) is issuing this rule in
                                                                                                          conformance with Executive Orders                     any provision thereof whenever the
                                                 Agricultural Marketing Service (AMS) is                                                                        order or any provision thereof obstructs
                                                 proposing termination of the Order.                      13563 and 13175. This proposed rule
                                                                                                          falls within a category of regulatory                 or does not tend to effectuate the
                                                 DATES: Comments must be received by                      actions that the Office of Management                 declared policy of the Act. Additionally,
                                                 September 24, 2018.                                      and Budget (OMB) exempted from                        USDA is required to notify Congress not
                                                 ADDRESSES: Interested persons are                        Executive Order 12866 review.                         later than 60 days before the date an
                                                 invited to submit written comments                       Additionally, because this proposal                   order would be terminated.
                                                 concerning this rule. Comments must be                   does not meet the definition of a                        The Order has been in effect since
                                                 sent to the Docket Clerk, Marketing                      significant regulatory action, it does not            1948 and provides for the establishment
                                                 Order and Agreement Division,                            trigger the requirements contained in                 of grade, size, quality, maturity, and
                                                 Specialty Crops Program, AMS, USDA,                      Executive Order 13771. See OMB’s                      inspection requirements for Irish
                                                 1400 Independence Avenue SW, STOP                        Memorandum titled ‘‘Interim Guidance                  potatoes grown in Southeastern states.
                                                 0237, Washington, DC 20250–0237; Fax:                    Implementing Section 2 of the Executive               The Order also authorizes reporting and
                                                 (202) 720–8938; or internet: http://                     Order of January 30, 2017, titled                     recordkeeping functions required for the
                                                 www.regulations.gov. Comments should                     ‘Reducing Regulation and Controlling                  operation of the Order. The Order, when
                                                 reference the document number and the                    Regulatory Costs’ ’’ (February 2, 2017).              in effect, is locally administered by the
                                                 date and page number of this issue of                       This proposal to terminate the Order               Southeastern Potato Committee
                                                 the Federal Register and will be                         has been reviewed under Executive                     (Committee) and is funded by
                                                 available for public inspection in the                   Order 12988, Civil Justice Reform. This               assessments imposed on handlers.
                                                 Office of the Docket Clerk during regular                proposed rule is not intended to have                    Based on the Committee’s unanimous
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                                                 business hours or can be viewed at:                      retroactive effect.                                   recommendation in 2011, USDA
                                                 http://www.regulations.gov. All                             The Act provides that administrative               suspended the Order for a three-year
                                                 comments submitted in response to this                   proceedings must be exhausted before                  period ending March 1, 2014. The
                                                 proposal will be included in the record                  parties may file suit in court. Under                 Committee recommended the
                                                 and will be made available to the                        section 608c(15)(A) of the Act, any                   suspension to eliminate the expense of
                                                 public. Please be advised that the                       handler subject to an order may file                  administering the Order while
                                                 identity of the individuals or entities                  with USDA a petition stating that the                 determining the effects of not having the
                                                 submitting the comments will be made                     order, any provision of the order, or any             Order in place. When the Committee


                                            VerDate Sep<11>2014   16:53 Jul 24, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\25JYP1.SGM   25JYP1


                                                 35152                  Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules

                                                 made the recommendation to suspend                       essentially small entities acting on their            the Order while the industry
                                                 the Order, it wanted the industry to                     own behalf.                                           determined the effects of not having
                                                 have the option of reactivating the                         There are approximately ten handlers               regulations in place. In 2013, at the
                                                 Order, if deemed appropriate. The final                  of Irish potatoes grown in Southeastern               request of the industry, the suspension
                                                 rule adopting an interim rule that                       states who are subject to regulation                  was extended through March 1, 2017, to
                                                 implemented that action was published                    under the Order and approximately 20                  provide the industry with more time to
                                                 in the Federal Register on October 21,                   potato producers in the regulated area.               consider changes and evaluate new
                                                 2011 (76 FR 65360). Upon suspension of                   Small agricultural service firms are                  developments in the industry that could
                                                 the Order in 2011, the Committee                         defined by the Small Business                         affect the future need for the Order. The
                                                 ceased to function.                                      Administration (SBA) as those having                  final rule that extended the suspension
                                                    In anticipation of the expiration of the              annual receipts of less than $7,500,000,              through March 1, 2017, stated that AMS
                                                 suspension on March 1, 2014, in late                     and small agricultural producers are                  would proceed with a notice to propose
                                                 2013 USDA sent a letter to members of                    defined as those whose annual receipts                termination absent an industry
                                                 the industry, most of whom were former                   are less than $750,000 (13 CFR 121.201).              recommendation to reactivate the Order.
                                                 Committee members. The letter stated                        Using prices reported by AMS’ Market               The results of the suspension and the
                                                 that suspension of the Order would                       News Service, the average free on board               industry’s failure to petition USDA to
                                                 soon be ending and that members of the                   (f.o.b.) price for Southeastern potatoes              have the Order reactivated by the end of
                                                 industry would need to recommend an                      for the 2017 marketing season was about               the suspension period support the
                                                 action to USDA. On December 18, 2013,                    $50 per hundredweight. Based on                       proposal to terminate the Order.
                                                 representatives of the Virginia and                      information from the National                            Section 953.66 provides that USDA
                                                 North Carolina Irish potato industry met                 Agricultural Statistics Service (NASS),               terminate or suspend any or all
                                                 and requested that the suspension of all                 estimated total production in Virginia                provisions of the Order when a finding
                                                 provisions of the Order be continued                     and North Carolina for the 2017 season                is made that the Order does not tend to
                                                 through March 1, 2017. The extension of                  was 4,666,000 hundredweight of                        effectuate the declared policy of the Act.
                                                 the suspension would allow the                           potatoes. Multiplying the f.o.b. price by             Furthermore, section 608c(16)(A) of the
                                                 industry further opportunity to study                    the estimated production results in an                Act provides that USDA terminate or
                                                 changes and evaluate new                                 estimated handler value of                            suspend the operation of any order
                                                 developments in the industry that could                  $233,300,000. Dividing this figure by                 whenever the order or any provision
                                                 affect the need for the Order. The final                 the number of handlers (ten) yields an                thereof obstructs or does not tend to
                                                 rule adopting the interim rule that                      estimated average annual handler                      effectuate the declared policy of the Act.
                                                 implemented that action was published                    receipt of $23,330,000. Using the                     An additional provision requires that
                                                 in the Federal Register on August 19,                    average price and shipment information,               Congress be notified not later than 60
                                                 2015 (80 FR 50191).                                      the number of handlers, and assuming                  days before the date an order would be
                                                    Under the terms of the suspension, if                 a normal distribution, the majority of                terminated.
                                                 the industry did not petition USDA to                    handlers have average annual receipts of                 The proposed termination of the
                                                 have the Order reactivated by the end of                 more than $7,500,000.                                 Order would reduce costs to both
                                                 the suspension period, March 1, 2017,                       Based on information from NASS,                    handlers and producers (while
                                                 AMS would propose termination of the                     during the 2017 season, there were                    marketing order requirements are
                                                 Order. To date, the industry has not                     19,600 total acres harvested in Virginia              applied to handlers, the costs of such
                                                 filed a petition to have the Order                       and North Carolina with a total value of              requirements are often passed on to
                                                 reactivated.                                             production at $59,038,000 for the                     producers). Furthermore, following a
                                                    This proposed termination of the                      season. The average producer prices for               period of over seven years of regulatory
                                                 Order is intended to solicit input and                   Virginia and North Carolina Irish                     suspension, it has been determined that
                                                 any additional information available                     potatoes in 2017 were $16.30 and                      termination of the Order would not
                                                 from interested parties regarding                        $11.40 per hundredweight, respectively,               adversely impact the Virginia and North
                                                 whether the Order should be                              for an average price of $13.85. Dividing              Carolina Irish potato industry.
                                                 terminated. USDA will evaluate all                       the 2017 total production value by the                   As an alternative to this proposed
                                                 available information prior to making a                  average of the two states’ producer                   rule, AMS considered not terminating
                                                 final determination on this matter.                      prices and using a normal distribution,               the Order. In that case, the industry
                                                 Termination of the Order would become                    the average gross annual revenue for                  could have recommended further
                                                 effective only after a 60-day notification               each of the 20 producers would be about               refinements to the Order and the
                                                 to Congress, as required by law.                         $213,134.                                             handling regulations to better meet
                                                                                                             Therefore, based on the above handler              current marketing needs. However, the
                                                 Initial Regulatory Flexibility Analysis                  and producer revenue estimates, the                   industry did not petition to have the
                                                    Pursuant to the requirements set forth                majority of Southeastern potato                       Order reactivated by the end of the
                                                 in the Regulatory Flexibility Act (RFA)                  handlers may be classified as large                   suspension period. Therefore, this
                                                 (5 U.S.C. 601–612), AMS has considered                   entities, while a majority of producers               alternative was rejected, and AMS
                                                 the economic impact of this proposed                     may be classified as small entities.                  proposes that the Order be terminated.
                                                 rule on small entities. Accordingly,                        This proposed rule would terminate                    This proposed rule is intended to
                                                 AMS has prepared this initial regulatory                 the Order for Irish potatoes grown in                 solicit input and other available
                                                 flexibility analysis.                                    Southeastern states and the rules and                 information from interested parties on
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                                                    The purpose of the RFA is to fit                      regulations issued thereunder. The                    whether the Order should be
                                                 regulatory actions to the scale of                       Order authorizes regulation of the                    terminated. USDA will evaluate all
                                                 business subject to such actions in order                handling of Irish potatoes grown in                   available information prior to making a
                                                 that small businesses will not be unduly                 designated counties of Virginia and                   final determination on this matter.
                                                 or disproportionately burdened.                          North Carolina. The Order was initially                  In accordance with the Paperwork
                                                 Marketing orders issued pursuant to the                  suspended in 2011, at the                             Reduction Act of 1995 (44 U.S.C.
                                                 Act are unique in that they are brought                  recommendation of the Committee, to                   chapter 35), the information collection
                                                 about through group action of                            eliminate the expense of administering                requirements that would be terminated


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                                                                        Federal Register / Vol. 83, No. 143 / Wednesday, July 25, 2018 / Proposed Rules                                          35153

                                                 were previously approved by OMB and                      PART 953—[REMOVED]                                    1406–S, Stop 0244, Washington, DC
                                                 assigned OMB No. 0581–0178,                                                                                    20250–0244; telephone: (202) 720–9915,
                                                 Vegetable and Specialty Crops.                           ■ For the reasons set forth in the                    (202) 720–4835 (direct line); facsimile:
                                                 Termination of the reporting                             preamble, under the authority of 7                    (202) 205–2800; or electronic mail:
                                                 requirements under the Order would                       U.S.C. 601–674, AMS proposes that 7                   Hakim.Fobia@ams.usda.gov.
                                                 reduce the reporting and recordkeeping                   CFR part 953 be removed.                              SUPPLEMENTARY INFORMATION: Pursuant
                                                 burden on Irish potato handlers in                         Dated: July 19, 2018.                               to the Commodity Promotion, Research,
                                                 Southeastern states and should further                   Bruce Summers,                                        and Information Act of 1996 (7 U.S.C.
                                                 reduce industry expenses.                                Administrator, Agricultural Marketing                 7411–7425) (1996 Act), it is hereby
                                                    Because handlers would no longer be                   Service.                                              directed that a referendum be conducted
                                                 required to file forms with the                          [FR Doc. 2018–15890 Filed 7–24–18; 8:45 am]           to ascertain whether continuance of the
                                                 Committee, this proposed rule would                      BILLING CODE 3410–02–P                                Processed Raspberry Promotion,
                                                 not impose any additional reporting or                                                                         Research and Information Order (7 CFR
                                                 recordkeeping requirements on either                                                                           part 1208) is favored by eligible
                                                 small or large entities.                                 DEPARTMENT OF AGRICULTURE                             producers of raspberries for processing
                                                    In addition, USDA has not identified                                                                        and importers of processed raspberries.
                                                 any relevant Federal rules that                          Agricultural Marketing Service                        The program is authorized under the
                                                 duplicate, overlap, or conflict with this                                                                      1996 Act.
                                                 rule.                                                    7 CFR Part 1208                                          The representative period for
                                                    AMS is committed to complying with                    [Document No. AMS–SC–18–0041]                         establishing voter eligibility for the
                                                 the E-Government Act, to promote the                                                                           referendum shall be the period from
                                                 use of the internet and other                            Processed Raspberry Promotion,                        January 1 through December 31, 2017.
                                                 information technologies to provide                      Research and Information Order;                       Persons who produced 20,000 pounds
                                                 increased opportunities for citizen                      Continuance Referendum                                or more of raspberries for processing in
                                                 access to Government information and                                                                           the United States or imported 20,000
                                                                                                          AGENCY: Agricultural Marketing Service,               pounds or more of processed raspberries
                                                 services, and for other purposes.                        USDA.                                                 into the United States during the
                                                    Additionally, interested persons are                  ACTION: Notification of referendum                    representative period and were subject
                                                 invited to submit information on the                     order.                                                to assessment during that period are
                                                 regulatory and information collection
                                                                                                          SUMMARY:   This document directs that a               eligible to vote. Persons who received
                                                 impacts of this action on small
                                                                                                          referendum be conducted among                         an exemption from assessments
                                                 businesses.
                                                                                                          eligible producers of raspberries for                 pursuant to § 1208.53 for the entire
                                                    A small business guide on complying                                                                         representative period are ineligible to
                                                 with fruit, vegetable, and specialty crop                processing and importers of processed
                                                                                                          raspberries to determine whether they                 vote. The referendum will be conducted
                                                 marketing agreements and orders may                                                                            from September 10 through October 5,
                                                 be viewed at: https://                                   favor continuance of the Agricultural
                                                                                                          Marketing Service’s (AMS) regulations                 2018. The Department will provide the
                                                 www.ams.usda.gov/rules-regulations/                                                                            option for ballots to be returned
                                                 moa/small-businesses. Any questions                      regarding a national processed raspberry
                                                                                                          research and promotion program.                       electronically. Further details will be
                                                 about the compliance guide should be                                                                           provided in the ballot instructions.
                                                 sent to Richard Lower at the previously                  DATES: The referendum will be
                                                                                                                                                                   Section 518 of the 1996 Act (7 U.S.C.
                                                 mentioned address in the FOR FURTHER                     conducted from September 10 through
                                                                                                                                                                7417) authorizes continuance referenda.
                                                 INFORMATION CONTACT section.                             October 5, 2018. The Department will
                                                                                                                                                                Under § 1208.71(b), the U.S. Department
                                                    This proposal invites comments on                     provide the option for ballots to be
                                                                                                                                                                of Agriculture (USDA) must conduct a
                                                 the termination of Marketing Order No.                   returned electronically. Further details
                                                                                                                                                                referendum every seven years to
                                                 953, which regulates the handling of                     will be provided in the ballot
                                                                                                                                                                determine whether eligible producers of
                                                 Irish potatoes grown in Southeastern                     instructions. Mail ballots must be
                                                                                                                                                                raspberries for processing and importers
                                                 states. All written comments received                    postmarked by October 5. Ballots
                                                                                                                                                                of processed raspberries favor
                                                 within the 60-day comment period will                    delivered via express mail or email must
                                                                                                                                                                continuance of the program. A
                                                 be considered before a final                             show proof of delivery by no later than
                                                                                                                                                                referendum also may be held by a
                                                 determination is made in this matter.                    11:59 p.m. Eastern Time (ET) on
                                                                                                                                                                request of 10 percent or more of all the
                                                    Based on the foregoing, and pursuant                  October 5, 2018, to be counted.
                                                                                                                                                                eligible producers and importers, by
                                                 to section 608c(16)(A) of the Act and                    ADDRESSES: Copies of the processed                    request of the National Processed
                                                 § 953.66 of the Order, USDA is                           raspberry program may be obtained                     Raspberry Council, which administers
                                                 considering termination of the Order. If                 from: Referendum Agent, Promotion                     the program, or by the Secretary of
                                                 USDA decides to terminate the Order,                     and Economics Division, Specialty                     Agriculture. In March 2018, USDA
                                                 trustees would be appointed to                           Crops Program, AMS, USDA, 1400                        received a petition requesting a
                                                 conclude and liquidate the affairs of the                Independence Avenue SW, Room 1406–                    referendum from more than the required
                                                 Committee and would continue in that                     S, Stop 0244, Washington, DC 20250–                   10 percent of eligible entities, thus
                                                 capacity until discharged by USDA. In                    0244, telephone: (202) 720–9915;                      USDA will hold a referendum. The
                                                 addition, USDA would notify Congress                     facsimile: (202) 205–2800; or contact                 program will continue if it is favored by
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 60 days in advance of termination                        Hakim Fobia at (202) 720–4835 or via                  a majority of eligible producers and
                                                 pursuant to section 608c(16)(A) of the                   electronic mail: Hakim.Fobia@                         importers voting in the referendum.
                                                 Act.                                                     ams.usda.gov.                                            In accordance with the Paperwork
                                                 List of Subjects in 7 CFR Part 953                       FOR FURTHER INFORMATION CONTACT:                      Reduction Act of 1995 (44 U.S.C.
                                                                                                          Hakim Fobia, Marketing Specialist,                    chapter 35), the referendum ballot has
                                                   Marketing agreements, Potatoes,                        Promotion and Economics Division,                     been approved by the Office of
                                                 Reporting and recordkeeping                              Specialty Crops Program, AMS, USDA,                   Management and Budget (OMB) and
                                                 requirements.                                            1400 Independence Avenue SW, Room                     assigned OMB No. 0581–0093. It has


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Document Created: 2018-07-25 00:44:48
Document Modified: 2018-07-25 00:44:48
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 24, 2018.
ContactDebbie Wray, Marketing Specialist, or Julie H. Santoboni, Rulemaking Branch Chief, 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] or [email protected]
FR Citation83 FR 35151 
CFR AssociatedMarketing Agreements; Potatoes and Reporting and Recordkeeping Requirements

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