Comment from Mark Mickelsen, Mickelsen Farms

Mickelsen Farms (208)313-1295 (208)745-6626 (208)745-0789 fax P.O. Box 438 Rigby, ID 83442 November 7, 2007 RE: Docket No. APHIS-2006-0143 Regulatory Analysis and Development, PPD, APHIS Station 3A-03.8 4700 River Road, Unit 118 Riverdale, MD 20737-0143 To Whom It May Concern: Mickelsen Farms of Idaho Falls, Idaho, is hereby commenting on the ?Potato Cyst Nematode Interim Rules?. Logistical Impacts Under the proposed rules for the new regulated areas, we will be significantly impacted. On our farm in Bingham County, Idaho, we have several fields that are non contiguous that are regulated fields. According the proposed rules we would need to have our equipment washed between each field. This creates huge problems when some of the fields are within a very short distance from each other. During a harvest season it would be an impossibility to wait between each field to have all of our equipment washed down. It would take anywhere from several hours to several days to have the equipment washed and inspected. This creates a problem with temporary employees who need to earn the maximum amount possible in the shortest time period. This will create problems for us in trying to fill our crews. On other farms located in Jefferson County, Idaho, we have two farms that are about 150 yards from each other?s boundaries. Both farms are in regulated areas. Under the proposed rules we would be required to have all equipment washed and certified simply to go from one regulated field to the next when only a distance of 150 yards separates the actual fields. On some of our farms located in Jefferson County, Idaho, there are fields that are in a regulated zone and others that aren?t in the regulated zone. The problem with this scenario is that all of our farms are tied together with common mainline. How does one fix irrigation problems when sometimes to fix an irrigation problem an employee has to go back and forth maybe 20 times to get a piece of irrigation equipment working. If we have to wait between each washing we basically wouldn?t be able to ever get the irrigation equipment working in any reasonable amount of time. During harvest time on our farm we have 50 or more trucks, 21 tractors and harvesters, 7 scraper tractors, 25 conveyors, 10 pilers, 6 collections systems, 15 pickups, 3 vine splitter tractors, and other various equipment that are all used in conjunction with harvesting of potatoes. Some years due to weather problems we have to move from field to field and area to area all in the course of a few hours. If we have to wash and wait for inspections between each change of fields we would be unable to harvest our crops in a timely fashion and ultimately would lose our potato crop. This past week we have had the USDA washing and inspection service working on our equipment. They have been washing straight for over a week and have yet to finish washing all of our equipment. In an operation of our size in order to maximize our equipment and labor inputs we run 24 hours a day 6-7 days a week during planting and harvest seasons. We often will change fields in the middle of the night. Washing and inspecting services aren?t going to be available at all times of the day and night. During certain times of the year when the weather is cold having our equipment washed will also cause it to not work. Water on conveyor belts etc in freezing temperatures freezes the belts in place. Another logistical problem is the tarping of all trucks during harvest both on the way to the cellar and on the way back to the field. The time lost would be significant. Trucks make 15 trips or more a day from a field to the cellar. Economic Impacts If we are required to tarp, all of our 50 trucks, for example, the cost would be $4000-$5000/truck which would total $200,000-$250,000. Now that we are in a regulated zone, we will be required to have down time between each farm/field change. We will have to wait between fields for wash downs. In order for us to compensate for that down time, we would need to invest significantly in new equipment and additional manpower. Some of the additional equipment that would be necessary is as follows: (2) Harvesters 200,000 (4) Windrowers 200,000 (10) Trucks 400,000 (6) Tractors 1,000,000 (2) Planters 115,000 (1) Piler 50,000 (6) Conveyors 55,000 (1) Expandable conveyor 40,000 (1) Collection system 80,000 (1) Dirt piler 10,000 $2,150,000 During the course of a year, the cost of crews that have to wait for inspections before moving equipment would be a minimum of $100,000. Another economic impact in terms of equipment comes if we have to have different pickups, motorcycles, etc to be able to go between regulated and non-regulated areas. The washing process simply wouldn?t be feasible. We could purchase our own washing equipment with trucks, tanks, washers etc. The cost of this would be approximately $50,000 per washing unit. A minimum of 6-10 units would be needed for an operation of our size. The second problem with having our own washing units also comes in the form of needing additional man power. We are currently in a very tight labor market and finding additional employees would be difficult. Another significant impact from the regulations is in the ability we have to use and manage our farming operation. Now that our fields have been designated as ?regulated? we have no ability to sell them nor do we have any control over what crops we can plant. We have currently invested over $300 in each field where we had planned to put potatoes for 2008. In the event, we are not allowed to plant those acres, that would be a substantial loss. Prior to our being designated as regulated we had an earnest money agreement with a farmer to purchase one of our farms. Now that we have the stigma of being designated we possibly may lose the sale of that farm. When the government controls what a person can do with their own private property, their needs to be compensation. Mortgages, taxes, etc continue on even though the land might be unusable. In order to comply with the regulations at this point, we will have either to invest significantly in additional capital or decrease our acreage. After reviewing the cost to administer the regulation on your part and the additional impacts to the grower (Mickelsen Farms) it would seem much more economically feasible if the government rented the land for a period of time until the potato cyst nematode could be eradicated. In the interim rules it was noted that the ?Affected U.S. potato producers are expected to be small?. While we would agree that the amount of producers affected is probably less than 10, the impact to those growers is significant. The growers that are affected become affected 100%. They have to bear the financial burden of the additional regulations which is hefty. These interim rules amount to ?regulation without compensation?. It further states under ?Description and Estimate of Compliance Requirements,? that inspection will be obtained without cost. This is not reflective of the actual cost. Every time a grower has to stop and wait for a wash and an inspection there is a significant cost associated with the down time of an employee and a piece of machinery. Notification to Growers Mid summer we were contacted that our ground needed to be tested for the PCN. We were aware that samples were being taken. Last week on October 30, 2007, by chance we attended an informational meeting with growers concerning PCN. At no time prior to that public meeting, were we given personal advance notice that we were being added to the regulated fields. In the United States of America, typically one is innocent until proven guilty. The Interim Rules for PCN don?t take that into account. Under the regulated guidelines, we will be guilty or ?regulated? until we can prove ourselves PCN free. While this may be for the good of the potato industry as a whole, it is devastating for individual producers. Individual producer notification prior to public disclosure would be appropriate considering the magnitude of the challenges that come with being included in a ?regulated? area. Sincerely, Mark Mickelsen General Manager/Owner