[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12098]


  Federal Register / Vol. 59, No. 95 / Wednesday, May 18, 1994 /
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[[Page Unknown]]

[Federal Register: May 18, 1994]


                                                    VOL. 59, NO. 95

                                            Wednesday, May 18, 1994

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 80

RIN 0581-AA93
[Docket No. FV-93-80-02]

 

Regulation Governing the Fresh Irish Round White Potato Diversion 
Program, 1992 Crop

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule adopts, without change, the interim rule 
previously published in the Federal Register which set forth the terms 
for conducting the Fresh Irish Round White Potato Diversion Program for 
the 1992 crop. The Program was intended to assist Irish Round White 
potato growers faced with oversupplies and low prices.

EFFECTIVE DATE: May 18, 1994.

FOR FURTHER INFORMATION CONTACT: Darrell Breed, Chief, Commodity 
Procurement Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box 
96456, room 2548--South Building, Washington, DC 20090-6496, (202) 720-
6391.

SUPPLEMENTARY INFORMATION:

Executive Order 12866 and Executive Order 12778

    This rule has been determined to be not-significant for purposes of 
Executive Order 12866 and therefore has not been reviewed by OMB.
    This final rule has been reviewed in accordance with E.O. 12778. 
The provisions of the final rule do not preempt State laws and are not 
retroactive. Before any judicial action may be brought regarding the 
provision of this final rule the appeal procedures contained in 7 CFR 
part 780 must be exhausted.

Paperwork Reduction Act

    Information collection requirements contained in this subpart have 
been approved by the Office of Management and Budget (OMB) in 
accordance with the provisions of 44 U.S.C. Chapter 35 and have been 
assigned OMB control number 0581--A880.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of the Agricultural Marketing Service 
(AMS) has determined that this action will not have a significant 
economic impact on a substantial number of small entities. The purpose 
of the RFA is to fit regulatory actions of the scale of business 
subject to such actions in order that small business will not be unduly 
or disproportionally burdened. The Small Business Administration (13 
CFR 121.1) has defined small agricultural producers as those having 
gross revenue for the last three years of less than $500,000, and small 
agricultural service firms are defined as those whose gross annual 
receipts are less than $3,500,000. Because there is a preponderance of 
entities shipping Irish Round White potatoes that meet these growers 
revenue limitations it is anticipated that the majority of the Program 
participants could be classified as small entities. Provisions of the 
rule provide a beneficial impact to such small entities without 
substantial regulatory restriction. Therefore the provisions of the RFA 
are not applicable and a Regulatory Flexibility analysis is not 
required.
    This Program is not subject to the provisions of Executive Order 
12372, which require intergovernmental consultation with state and 
local officials. See the Notice related to 7 CFR part 3015, subpart V, 
published at 48 FR 29115 (June 24, 1983).
    The title and number of the Federal Assistance Program to which 
this interim rule applies is: Title--Section 32 Diversion Program: 
Number--10.166, as found in the 1990 edition of the Catalog of Federal 
Domestic Assistance.
    Pursuant to 5 U.S.C. 553, it was found and determined that good 
cause exists to make the interim rule final upon publication. The final 
rule makes no change in the operation of the interim rule and all 
actions under the Program have been completed.

Background Information

    An interim rule was published in the Federal Register at 58 FR 
29097 on May 19, 1993, which set forth the terms for conducting the 
Program pursuant to clause (2) of section 32, of the Act of August 24, 
1935, as amended (7 U.S.C. 612c) (section 32). Section 32, clause (2), 
authorizes the Secretary of Agriculture to ``encourage the domestic 
consumption of such [agricultural] commodities or products by diverting 
them, by the payment of benefits or indemnities or by other means, from 
the normal channels of trade and commerce. * * *'' Section 32 also 
authorizes the Secretary to use section 32 funds ``at such times, in 
such manner, and in such amounts as the Secretary of Agriculture finds 
will effectuate substantial accomplishment of any one of the purposes 
of this section.''
    Furthermore, ``Determinations by the Secretary as to what 
constitutes diversion and what constitutes normal channels of trade and 
commerce and what constitutes normal production for domestic 
consumption shall be final.''
    USDA statistics indicate that as of April 1, 1993, the stocks of 
Irish Round White potatoes held by growers were 27 percent greater than 
those held at the same time in 1992. Based on these statistics and 
other market factors the Secretary determined that the fresh Irish 
round white potato 1992 crop was in surplus and that the domestic 
consumption of such potatoes would be encouraged by using section 32 
funds to divert the potatoes from the normal channels of trade and 
commerce under the Program.

General Summary of Comments

    The public was afforded until July 19, 1993, to comment on the 
interim rule. USDA received 5 comments with respect to the interim rule 
and the Program. These comments are on file in room 2548--South 
Building, 14th and Independence Avenue, Washington, DC 20090-6456.
    The following is a summary of comments received and actions taken:
    A. Comments: All 5 of the comments opposed the Program. Three 
opposed the Program on the grounds that the Government should not 
provide price support for potatoes. The remaining 2 opposed the Program 
because round red and russet potatoes were not included.
    B. Discussion and Conclusion: The comments have been reviewed and 
it has been determined that the interim rule should be adopted as a 
final rule, without change.
    The Program, as provided by the interim rule was intended to reduce 
the surplus of 1992 crop Irish White Round Potatoes, which was 27% 
greater than the 1991 crop. One of the purposes of section 32 is to 
reduce such surpluses. The domestic consumption of 1992 crop Irish 
Round Potatoes was encouraged by diverting the potatoes from the normal 
channels of trade and commerce for diversion of those potatoes by July 
5, 1993. The Program did not include round red or russet potatoes 
because those potatoes were not in surplus. Accordingly, there was no 
statutory basis for diversion of those types of potatoes.

List of Subjects in 7 CFR Part 80

    Administrative practice and procedures, Agriculture, Agricultural 
commodities, Reporting, and Recordkeeping requirements.

PART 80--FRESH IRISH POTATOES

Subpart A--Fresh Irish Round White Potato--Diversion Program

    Accordingly, the interim rule amending 7 CFR part 80 which was 
published at 58 FR 29097 on May 19, 1993, is adopted as a final rule 
without change.

    Dated: May 12, 1994.
Charles R. Brader,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 94-12098 Filed 5-17-94; 8:45 am]
BILLING CODE 3410-02-P