[Federal Register Volume 60, Number 221 (Thursday, November 16, 1995)]
[Proposed Rules]
[Pages 57548-57549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28324]



      
 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 221 / Thursday, November 16, 1995 / 
Proposed Rules  

[[Page 57548]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 950

[Docket No. FV95-950-1PR]


Irish Potatoes Grown in Maine; Proposed Termination of Marketing 
Order No. 950

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This rule proposes to terminate the Federal marketing order 
regulating the handling of Irish potatoes grown in Maine (order) and 
the rules and regulations issued thereunder. The Maine potato industry 
has not operated under the order for almost three decades and the 
current order does not reflect current industry structure and operating 
procedures. Thus, there is no need for the Department of Agriculture to 
continue this order.

DATES: Comments must be received by December 18, 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, P.O. Box 96456, 
room 2523-S, Washington, D.C. 20090-6456; FAX (202) 720-5698. 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: Robert F. Matthews, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, room 2523-S, Washington, DC 20090-6456, telephone (202) 690-
0464, FAX (202) 720-5698.

SUPPLEMENTARY INFORMATION: This proposed rule is governed by the 
provisions of section 608c(16)(A) of the Agricultural Marketing 
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter 
referred to as the Act and Sec. 950.84 of the order.
    This regulatory action is being taken as a part of the National 
Performance Review to eliminate unnecessary regulations and to improve 
those that remain in force.
    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 proposed 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 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 a 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 750 producers. Some of them are also 
handlers who would be subject to seasonal handling regulations under 
the order, but no such regulations have been implemented since the 
1967-68 season, and there is no indication that such regulations will 
again be needed. Small agricultural producers have been 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, 
which include handlers, are defined as those whose annual receipts are 
less than $5,000,000. The majority of the Maine potato producers and 
handlers may be classified as small entities.
    The order was initially established on August 24, 1954, to help the 
industry solve specific marketing problems and maintain orderly 
marketing conditions. It was the responsibility of the Maine Potato 
Marketing Committee (committee), the agency established for local 
administration of the marketing order, to periodically investigate and 
assemble data on the growing, harvesting, shipping, and marketing 
conditions of Maine potatoes. The committee endeavored to achieve 
orderly marketing and improve acceptance of Maine potatoes through the 
establishment of minimum size and quality requirements. When regulated, 
fresh potato shipments consisted only of those grades and sizes desired 
by consumers.
    Although the Department has not conducted interviews of current 
industry members with respect to the need for a marketing order, 
neither has it received recent inquiries from the industry asking for 
reactivation. The Maine potato industry has not operated under the 
marketing order for almost three decades. Regulations have not been 
applied to Maine potato handlers since the late 1960's and a committee 
to locally administer the marketing order has not been appointed since 
the early 1970's. In August 1954, when the marketing order was issued, 
there were almost 4,500 producers of Maine potatoes. Currently, there 
are about 750 producers.
    While a sizeable potato industry remains active in Maine, there 
seems to be virtually no interest in a marketing order. Most of the 
members appointed to the last committee have retired from commercial 
potato production or handling. 

[[Page 57549]]

    Over the years, there have been periodic inquiries about reviving 
the marketing order, but no formal requests for reactivation have ever 
materialized. In any case, with the passage of time and changes in 
industry structure and operating practices since the order was 
formulated, a much revised marketing order would have to be 
established. The need for a new marketing order would have to be 
justified and supported by a large majority of current Maine potato 
producers. This would require a public hearing and a producer 
referendum. Thus, there is little justification to continue the current 
marketing order.
    We believe that conducting a termination referendum would merely 
reaffirm the Maine potato industry's continued lack of interest in a 
marketing order and that conducting such a referendum would be wasteful 
of Departmental and public resources.
    Therefore, pursuant to section 608c(16)(A) of the Act and 
Sec. 950.84 of the order, the Department is considering the termination 
of Marketing Order No. 950, covering Irish potatoes grown in Maine. If 
the Secretary decides to terminate the order, trustees would not need 
to be appointed to continue in the capacity of concluding and 
liquidating the affairs of the former committee, since no funds or 
property remain to be distributed or liquidated.
    Section 608c(16)(A) of the Act requires the Secretary to notify 
Congress 60 days in advance of the termination of a Federal marketing 
order. Congress will be so notified upon publication of this proposed 
rule.
    Based on the foregoing, the Administrator of the AMS has determined 
that this action would not have a significant 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 950

    Marketing agreements, Reporting and recordkeeping requirements, 
Potatoes.

PART 950--[REMOVED]

    For the reasons set forth in the preamble, and under the authority 
of 7 U.S.C. 601-674, 7 CFR part 950 is proposed to be removed.

    Dated: November 9, 1995.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 95-28324 Filed 11-15-95; 8:45 am]
BILLING CODE 3410-02-P