[Federal Register Volume 60, Number 19 (Monday, January 30, 1995)]
[Proposed Rules]
[Pages 5597-5599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2217]



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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Part 948

[FV94-948-3PR]


Irish Potatoes Grown in Colorado; Reestablishment of Area No. 2 
and Area No. 3 Regulatory Boundaries, and Redistribution of Area No. 2 
Committee Representation

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would reestablish regulatory area 
boundaries by moving Chaffee County from Area No. 3 to Area No. 2, and 
combine Chaffee County with Saguache County for the purpose of 
providing Chaffee County with producer representation on the Area No. 
2, rather than the Area No. 3, Committee. This proposed rule would 
provide for more effective administration of the marketing order and 
more effective compliance efforts. This proposed rule was unanimously 
recommended by the Area No. 2 and Area No. 3 Committees, the 
administrative agencies established for these regulatory areas under 
the marketing order for Colorado potatoes.

DATES: Comments must be received by March 1, 1995.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent in triplicate to the 
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, Room 2525, South 
Building, P.O. 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.

[[Page 5598]] 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 
Mark A. Slupek, Marketing Order Administration Branch, Fruit and 
Vegetable Division, AMS, USDA, P.O. Box 96456, Room 2523-S, Washington, 
D.C. 20090-6456; telephone: (202) 205-2830.

SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing 
Agreement No. 97 and Marketing Order No. 948 [7 CFR part 948], as 
amended, regulating the handling of Irish potatoes grown in Colorado. 
The marketing agreement and order are authorized by the Agricultural 
Marketing Agreement Act of 1937, as amended, [7 U.S.C. 601-674], 
hereinafter referred to as the ``Act.''
    The Department of Agriculture is issuing this rule in conformance 
with Executive Order 12866.
    This proposal has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This proposal 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 section 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 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 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 120 handlers of Colorado potatoes who are 
subject to regulation under the marketing order and approximately 400 
producers of Colorado potatoes in the regulatory areas. Small 
agricultural service firms have been defined by the Small Business 
Administration [13 CFR 121.601] as those having annual receipts of 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 
producers and handlers regulated under the marketing agreement and 
order may be classified as small entities.
    The production area under Marketing Order No. 948 is divided into 
three regulatory areas. Area No. 1 (Area 1), also called the Western 
Slope, consists of 17 counties in the western portion of the State of 
Colorado. Marketing order regulations are not currently in effect in 
Area 1 because of limited potato production. Area No. 2 (Area 2), known 
as the San Luis Valley, consists of 9 counties and is located in the 
southern part of the State. Area No. 3 (Area 3), the Greeley area, 
consists of 37 counties covering most of the eastern part of the State. 
Producers in Areas 2 and 3 produce significant quantities of potatoes, 
and, thus, have active committees and regulations.
    Section 948.150, reestablished area committees as administrative 
agencies for both of the active areas.
    Section 948.53 provides authority for areas, subdivisions of areas, 
or distribution of representation among the subdivision of areas, to be 
reestablished by the Secretary upon area committee recommendations.
    This proposed rule would (1) reestablish area boundaries by 
removing Chaffee County from Area 3 and adding it to Area 2, and (2) 
combine Chaffee County with Saguache County for the purpose of 
providing Chaffee County with producer representation on the Area 2 
Committee.
    The Area 2 and Area 3 Committees met on October 13, 1994, and 
October 18, 1994, respectively, and each unanimously recommended this 
reestablishment of boundaries between Area 2 and Area 3. The Colorado 
Potato Committee, which consists of representatives from both of the 
area Committees, ratified the recommendation on November 2, 1994. The 
Area 2 Committee also unanimously recommended that Chaffee County be 
combined with Saguache County for the purpose of providing Chaffee 
County with producer representation on the Area 2 Committee, rather 
than the Area 3 Committee.
    The Committees made their recommendations to reestablish boundaries 
after reviewing a request from a producer/handler located near Salida, 
Colorado, a relatively new potato production area in Chaffee County. 
Salida is approximately 250 miles from the administrative headquarters 
of the Area 3 Committee in Greeley, Colorado, but only 65 miles from 
the administrative headquarters of the Area 2 Committee in Monte Vista, 
Colorado.
    There are approximately 115 acres of potatoes grown in Chaffee 
County. Arable land in Chaffee County is generally limited to the area 
around Salida. Industry estimates place the potential for additional 
potato production at about 500 acres.
    The Chaffee County production area is geographically separated from 
the rest of Area 3 potato production and is much closer to that of Area 
2. Potatoes produced in Chaffee County are marketed similarly to those 
in Area 2. Potatoes grown in Chaffee County are, for example, often 
marketed through handlers from Area 2, but seldom marketed by Area 3 
handlers located outside of Chaffee County.
    The proposed rule would increase the opportunity for the producers 
or handlers to serve on an area committee by greatly decreasing travel 
time and cost to attend area Committee meetings. This rule would also 
enable any Chaffee County producers to be in the same committee area 
with handlers who most often handle their production.
    The proposed rule would also modify the distribution of producer 
membership of the Area 2 Committee to accommodate the proposed addition 
of Chaffee County to Area 2. Saguache County, immediately to the south 
of Chaffee County, currently has one producer representative on the 
Area 2 Committee. The proposed rule would combine Chaffee and Saguache 
Counties as one district for the purpose of nominating a producer 
member to the Area 2 Committee. The change would continue to provide 
balanced representation on the Area 2 Committee, consistent with 
acreage and production. Chaffee County handlers also would be 
represented as the Area 2 Committee has five handler member positions, 
two representing bulk handlers.
    The close proximity of the Area 2 administrative office to Chaffee 
County would improve the efficiency of [[Page 5599]] marketing order 
administration. Marketing order compliance in Chaffee County would be 
more efficiently administered by the Area 2 Administrative Committee 
office because of its proximity to Chaffee County.
    Although this proposed rule would remove Chaffee County from Area 
3, regulatory language in the newly created section 948.153 would only 
reference the addition of Chaffee County to Area 2. Section 948.4 
currently states that Area 3 includes and consists of all the remaining 
counties in the State of Colorado which are not included in Area 1 or 
Area 2. Therefore, the addition of Chaffee County to Area 2 would 
automatically remove Chaffee County from Area 3, with no other 
corresponding change needed.
    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 received within the 
comment period will be considered before a final determination is made 
on this matter.

List of Subjects in 7 CFR Part 948

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, it is proposed that 7 
CFR Part 948 be amended as follows:

PART 948--IRISH POTATOES GROWN IN COLORADO

    1. The authority citation for 7 CFR Part 948 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

    2. Section 948.150 is amended by revising paragraph (a) to read as 
follows:


Sec. 948.150  Reestablishment of committee membership.

* * * * *
    (a) Area No. 2 (San Luis Valley): Seven producers and five 
handlers selected as follows:
    Two (2) producers from Rio Grande County:
    One (1) producer from Chaffee County and Saguache County;
    One (1) producer from Conejos County;
    Two (2) producers from Alamosa County;
    One (1) producer from all other counties in Area No. 2;
    Two (2) handlers representing bulk handlers in Area No. 2;
    Three (3) handlers representing handlers in Area No. 2 other 
than bulk handlers.
* * * * *
    3. A new Sec. 948.153 is added to read as follows:


Sec. 948.153  Reestablishment of area.

    Pursuant to section 948.53, Area No. 2 is reestablished as follows:

    Area No. 2 (San Luis Valley) includes and consists of the 
counties of Chaffee, Saguache, Huerfano, Las Animas, Mineral, 
Archuleta, Rio Grande, Conejos, Costilla, and Alamosa, in the State 
of Colorado.

    Dated: January 24, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-2217 Filed 1-27-95; 8:45 am]
BILLING CODE 3410-02-P