[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Proposed Rules]
[Pages 17587-17588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9832]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 946
[FV96-946-1PR]
Irish Potatoes Grown in Washington; Modification of the Minimum
Size Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule with request for comments.
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SUMMARY: This proposed rule would reduce the minimum diameter
requirement from 2\1/8\ inches to 2 inches for Russet type varieties of
Washington potatoes shipped during the July 15 through August 31 period
each season. Potato varieties currently being grown for shipment during
this period are similar in shape to those grown for marketing during
the balance of the season. Reducing the minimum diameter would
recognize this similarity and enable handlers to market a larger
portion of their crop in fresh outlets. This change would improve the
marketing of Washington potatoes and increase returns to producers as
well as provide consumers with increased supplies of potatoes.
DATES: Comments which are received by May 22, 1996 will be considered
prior to the issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this action. Comments must be sent in triplicate to the
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2523, South
Building, PO Box 96456, Washington, DC 20090-6456; FAX: (202) 720-5698.
All comments should reference the docket number and the date and
page number of this issue of the Federal Register and will be made
available for public inspection in the Office of the Docket Clerk
during regular business hours.
FOR FURTHER INFORMATION CONTACT: Dennis L. West, Northwest Marketing
Field Office, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, 1220 SW Third Avenue, room 369,
Portland, Oregon 97204-2807; telephone: (503) 326-2724 or FAX (503)
326-7440; or Robert F. Matthews, Marketing Order Administration Branch,
Fruit and Vegetable Division, AMS, USDA, PO Box 96456, room 2523-S,
Washington, DC 20090-6456; telephone: (202) 690-0464 or FAX (202) 720-
5698.
SUPPLEMENTARY INFORMATION: This proposed rule is issued under Marketing
Agreement No. 113 and Marketing Order No. 946 (7 CFR part 946), both as
amended, regulating the handling of Irish potatoes grown in Washington,
hereinafter referred to as the ``order.'' The order is authorized by
the Agricultural Marketing Agreement Act of 1937, as amended, (7 U.S.C.
601-674), hereinafter referred to as the ``Act.'' The State of
Washington Potato Committee (Committee) is the agency responsible for
local administration of the marketing order program in the designated
production area.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is not intended to have retroactive
effect. This proposed rule would 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 section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that
[[Page 17588]]
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 his or her principal place of
business, has jurisdiction in equity to review the Secretary's ruling
on the petition, provided a bill in equity 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 Administrator of 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 would
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 40 handlers of Washington potatoes that are
subject to regulation under the order and approximately 450 producers
in the regulated production area. Small agricultural service firms,
which include handlers of Washington potatoes, have been defined by the
Small Business Administration (13 CFR 121.601) as those whose annual
receipts are less than $5,000,000, and small agricultural producers are
defined as those whose annual receipts are less than $500,000. The
majority of potato handlers and producers regulated under the marketing
agreement and order may be classified as small entities.
Section 946.52 (7 CFR 946.52) authorizes the issuance of
regulations for grade, size, quality, maturity, and pack for any
variety or varieties of potatoes grown in different portions of the
production area during any period.
Size regulations are currently in effect under section 946.336 in
terms of minimum diameter and minimum weight. All Russet types must be
2\1/8\ inches minimum diameter or 4 ounces minimum weight during the
period July 15 through August 31 each season, and 2 inches or 4 ounces
during the remainder of the season. This rule amends section 946.336 by
reducing the minimum diameter requirement for Russet type varieties
from 2\1/8\ inches to 2 inches during the July 15 through August 31
period each season. Thus, the 2 inch minimum diameter or 4 ounce
minimum weight would apply to Russet type potatoes throughout the
entire season.
At its meeting on February 15, 1996, the Committee unanimously
recommended reducing the minimum diameter requirement for Russet type
varieties to 2 inches during the period July 15 through August 31, when
early crop shipments are made.
When the current minimum diameter requirement for Russet type
varieties was established, the Norgold Russet was the primary variety
being grown for the early market, i.e., the months of July and August.
This variety is more round in shape than those varieties grown for
shipment later in the season. The newer varieties grown for the early
market, such as the Norkotah Russet, are shaped the same as the
varieties traditionally marketed later in the season. Thus, there is no
need for a larger diameter requirement for earlier varieties.
Therefore, the Committee recommended that all Russet type varieties be
subject to the same minimum diameter requirement throughout the entire
marketing season.
Reducing the minimum diameter would enable handlers to market a
larger portion of the crop in fresh market outlets. This change is
expected to improve the marketing of Washington potatoes and increase
returns to producers.
Based on available information, the Administrator of the AMS has
determined that this action would not have a significant economic
impact on a substantial number of small entities.
A 30-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 946
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, it is proposed that 7
CFR part 946 be amended as follows:
PART 946--IRISH POTATOES GROWN IN WASHINGTON
1. The authority citation for 7 CFR part 946 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 946.336 is amended by revising paragraph (a)(2)(ii) to
read as follows:
Sec. 946.336 Handling regulation.
* * * * *
(a) * * *
(2) * * *
(ii) All Russet types, 2 inches (54.0 mm) minimum diameter, or 4
ounces minimum weight.
* * * * *
Dated: April 16, 1996.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-9832 Filed 4-19-96; 8:45 am]
BILLING CODE 3410-02-P
