[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53606-53607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26347]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 950
[Docket No. FV95-950-1FR]
Irish Potatoes Grown in Maine; Termination of Marketing Order No.
950
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule terminates the Federal marketing order regulating
the handling of Irish potatoes grown in Maine (order) and the rules and
regulations issued thereunder. The Maine potato industry has not
operated under the order for almost three decades and the order does
not reflect current industry structure and operating procedures. Thus,
there is no need to continue this order.
EFFECTIVE DATE: November 14, 1996.
FOR FURTHER INFORMATION CONTACT: Robert F. Matthews, Marketing
Specialist, Marketing Order Administration Branch, Fruit and Vegetable
Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-
6456, telephone (202) 690- 0464, FAX (202) 720-5698.
SUPPLEMENTARY INFORMATION: This final rule is governed by the
provisions of Sec. 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 Sec. 950.84 of the order.
This regulatory action is being taken as a part of the National
Performance Review to eliminate unnecessary regulations and to improve
those that remain in force.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule is not intended to have retroactive
effect. This rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under Sec. 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary 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 the Secretary 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 a principal
place of business, has jurisdiction to review the Secretary's ruling on
the petition, provided an action is filed not later than 20 days after
the date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 750 producers of Maine potatoes. Some of
them are also handlers who would be subject to seasonal handling
regulations under the order. Small agricultural producers have been
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts of less than $500,000, and small agricultural
service firms, which include handlers, are defined as those whose
annual receipts are less than $5,000,000. The majority of the Maine
potato producers and handlers may be classified as small entities.
No seasonal regulations have been implemented under the order since
the 1967-68 season. There is no indication that regulations will again
be needed. This action terminates the order and regulations issued
thereunder. Further, the order does not reflect current industry
structure and operating procedures. Therefore, AMS has determined that
this action will not have a significant impact on a substantial number
of small entities.
The order was initially established on August 24, 1954, to help the
industry solve specific marketing problems and maintain orderly
marketing conditions. It was the responsibility of the Maine Potato
Marketing Committee (committee), the agency established for local
administration of the marketing order, to periodically investigate and
assemble data on the growing, harvesting, shipping, and marketing
conditions of Maine potatoes. The committee endeavored to achieve
orderly marketing and improve acceptance of Maine potatoes through the
establishment of minimum size and quality requirements. When regulated,
fresh potato shipments consisted only of those grades and sizes desired
by consumers.
The Maine potato industry has not operated under the marketing
order for almost three decades. Regulations have not been applied to
Maine potato handlers since the late 1960's and a committee to locally
administer the marketing order has not been appointed since the early
1970's. In August 1954, when the marketing order was issued, there were
almost 4,500 producers of Maine potatoes. Currently, there are about
750 producers.
While a sizeable potato industry remains active in Maine, there
seems to be virtually no interest in a Federal marketing order. Over
the years, there have been periodic inquiries about reviving the
marketing order, but no formal requests for reactivation have ever
materialized. In any case, with the passage of time and changes in
industry structure and operating practices since the order was
formulated, the marketing order does not reflect current industry
structure and operating procedures.
A proposed rule was published in the November 16, 1995, issue of
the Federal Register giving interested persons until December 18, 1995,
to file written comments. No comments were received.
Pursuant to Sec. 608c(16)(A) of the Act and Sec. 950.84 of the
order, the Secretary has determined that Marketing Order No. 950,
covering Irish potatoes grown in Maine, and the rules and regulations
issued thereunder, no longer tend to effectuate the declared policy of
the Act, and are hereby terminated. Trustees need not be appointed to
continue in the capacity of concluding and liquidating the affairs of
the former committee, since no funds or property remain to be
distributed or liquidated.
Section 608c(16)(A) of the Act requires the Secretary to notify
Congress 60 days in advance of the termination of a Federal marketing
order. Congress has been so notified.
List of Subjects in 7 CFR Part 950
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
[[Page 53607]]
PART 950--[REMOVED]
For the reasons set forth in the preamble, and under the authority
of 7 U.S.C. 601-674, 7 CFR part 950 is removed.
Dated: October 4, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-26347 Filed 10-11-96; 8:45 am]
BILLING CODE 3410-02-P
