[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30371]


[[Page Unknown]]

[Federal Register: December 9, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 1207

RIN 0581-AB26
[FV-94-703 FR]

 

Potato Research and Promotion Plan; Amendments of the Rules and 
Regulations to Permit Changes in the Size of the Administrative 
Committee

AGENCY: Agricultural Marketing Service.

ACTION: Final rule.

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SUMMARY: This final rule adopts without change the interim final rule 
that provided the National Potato Promotion Board (Board) the 
flexibility to change the number of producer members on its 
Administrative Committee through amendment of the Board's bylaws, 
updated the address of the Board's office, and revised the Harmonized 
Tariff Schedule code number for imported potato starch for human 
consumption.

EFFECTIVE DATE: January 9, 1995.

FOR FURTHER INFORMATION CONTACT: Georgia C. Abraham, Research and 
Promotion Branch, Fruit and Vegetable Division, AMS, USDA, room 2535-
So., P.O. Box 96456, Washington, DC 20090-6456; telephone (202) 720-
5057.

SUPPLEMENTARY INFORMATION: This final rule is issued under the Potato 
Research and Promotion Plan (Plan) [7 CFR Part 1207]. The Plan is 
authorized by the Potato Research and Promotion Act, as amended [7 
U.S.C. 2611-2627], hereinafter referred to as the Act.
    This rule is exempt from Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. It is not intended to have retroactive effect. This 
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 311 of the Act, a 
person subject to a plan may file a petition with the Secretary stating 
that such plan, any provision of such plan or any obligation imposed in 
connection with such plan is not in accordance with law; and requesting 
a modification of the plan or an exemption from the plan. Such person 
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 
such person is an inhabitant, or has principal place of business, has 
jurisdiction to review the Secretary's ruling on the petition, provided 
that a complaint is filed within 20 days after the date of entry of the 
ruling.
    Pursuant to the 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.
    There are an estimated 2,000 handlers, 6,000 producers, 80 
importers of potatoes and potato products for human consumption, and 25 
importers of seed potatoes who are subject to the provisions of the 
Plan. The majority of these persons may be classified as small 
agricultural producers and small agricultural service firms. Small 
agricultural producers are 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 are defined as those whose annual 
receipts are less than $5 million. The majority of potato handlers and 
producers may be classified as small entities.
    The National Potato Promotion Board (Board) administers a national 
program of research, development, advertising, and promotion designed 
to strengthen potatoes' competitive position and to maintain and expand 
domestic and foreign markets for potatoes and potato products. The 
program is financed by assessments on producers of 5 or more acres of 
potatoes (collected by the first handler) and on all imported fresh or 
processed potatoes for human consumption and seed potatoes (collected 
by the U.S. Customs Service). There are currently 103 members on the 
Board: 100 producers, 2 importers, and a public member.
    Due to the large size of the Board, the Plan authorizes the Board 
to appoint an Administrative Committee which has the authority to 
conduct Board business on the Board's behalf. For the purpose of 
producer member representation on the Administrative Committee, the 
United States is divided into six regions with each region having a 
specified number of members on the Administrative Committee based on 
the amount of potatoes produced within the region. Those regions and 
the number of members in each region are delineated in the Board's 
bylaws. The composition and number of Administrative Committee members 
are also specified in paragraph (a) of Sec. 1207.507 of the rules and 
regulations issued under the Plan.
    Since the six regions were established in 1972, potato production 
in the U.S. had increased and shifted to the extent that the number of 
producer members in each region no longer represented the percentage of 
production in each region. Therefore, to correct this representation 
imbalance, at its annual meeting on March 18, 1994, the Board amended 
Article VI, Section 1 of its bylaws, which sets forth the allocation of 
Administrative Committee members, to reallocate producer members within 
the regions to more closely reflect potato production within each 
region. The Board also recommended amending paragraph (a) of 
Sec. 1207.507 of the Plan's rules and regulations, which sets forth the 
number of members and composition of the Administrative Committee.
    While the Board, with the Secretary's concurrence, may amend its 
bylaws to reflect changes to the regional boundaries and allocation of 
the producer members, amending paragraph (a) of Sec. 1207.507 of the 
rules and regulations issued under the Plan must be done through the 
informal rulemaking process. Since U.S. potato production and the 
distribution of that production among the states is subject to future 
change which would affect producer representation on the Administrative 
Committee, it is desirable to provide more flexibility to the Board in 
adjusting the size of its Administrative Committee. Therefore, in an 
interim final rule published in the August 26, 1994, issue of the 
Federal Register (59 FR 44034), the Department amended paragraph (a) of 
Sec. 1207.507 to provide that the number of producer members on the 
Administrative Committee be as set forth in the Board's bylaws. Doing 
so provided the Board more flexibility to adjust the size of its 
Administrative Committee based on potato production, with the 
Secretary's approval, and, at the same time, eliminate unnecessary 
rulemaking.
    The interim final rule also amended two other sections of the rules 
and regulations as follows: (1) Section 1207.501 to reflect the Board's 
current place of business; and (2) Paragraph (b)(3) of Sec. 1207.510 to 
reflect the new Harmonized Tariff Schedule code number identifying 
potato starch for human consumption.
    The interim final rule provided a 30-day period for comments by 
interested parties. No comments were received by the September 26, 
1994, deadline.
    After consideration of all relevant material presented, it is found 
that adopting without change the provisions of the interim final rule 
will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 1207

    Advertising, Agricultural research, Marketing agreements, Potatoes, 
Reporting and recordkeeping requirements.

PART 1207--POTATO RESEARCH AND PROMOTION PLAN

    Accordingly, the interim rule amending 7 CFR Part 1207 which was 
published at 59 FR 44034 on August 26, 1994, is adopted as a final rule 
without change.

    Dated: December 5, 1994.
Ronald L. Cioffi,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-30371 Filed 12-8-94; 8:45 am]
BILLING CODE 3410-02-P