[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Proposed Rules]
[Pages 17587-17588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9832]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 946

[FV96-946-1PR]


Irish Potatoes Grown in Washington; Modification of the Minimum 
Size Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: This proposed rule would reduce the minimum diameter 
requirement from 2\1/8\ inches to 2 inches for Russet type varieties of 
Washington potatoes shipped during the July 15 through August 31 period 
each season. Potato varieties currently being grown for shipment during 
this period are similar in shape to those grown for marketing during 
the balance of the season. Reducing the minimum diameter would 
recognize this similarity and enable handlers to market a larger 
portion of their crop in fresh outlets. This change would improve the 
marketing of Washington potatoes and increase returns to producers as 
well as provide consumers with increased supplies of potatoes.

DATES: Comments which are received by May 22, 1996 will be considered 
prior to the issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this action. Comments must be sent in triplicate to the 
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2523, South 
Building, PO 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.

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 FAX (503) 
326-7440; or Robert F. Matthews, Marketing Order Administration Branch, 
Fruit and Vegetable Division, AMS, USDA, PO Box 96456, room 2523-S, 
Washington, DC 20090-6456; telephone: (202) 690-0464 or FAX (202) 720-
5698.

SUPPLEMENTARY INFORMATION: This proposed rule is issued under Marketing 
Agreement No. 113 and Marketing Order No. 946 (7 CFR part 946), both as 
amended, regulating the handling of Irish potatoes grown in Washington, 
hereinafter referred to as the ``order.'' The order is authorized by 
the Agricultural Marketing Agreement Act of 1937, as amended, (7 U.S.C. 
601-674), hereinafter referred to as the ``Act.'' The State of 
Washington Potato Committee (Committee) is the agency responsible for 
local administration of the marketing order program in the designated 
production area.
    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 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

[[Page 17588]]

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 would 
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 40 handlers of Washington potatoes that are 
subject to regulation under the order and approximately 450 producers 
in the regulated production area. Small agricultural service firms, 
which include handlers of Washington potatoes, have been defined by the 
Small Business Administration (13 CFR 121.601) as those whose annual 
receipts are 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 handlers and producers regulated under the marketing 
agreement and order may be classified as small entities.
    Section 946.52 (7 CFR 946.52) authorizes the issuance of 
regulations for grade, size, quality, maturity, and pack for any 
variety or varieties of potatoes grown in different portions of the 
production area during any period.
    Size regulations are currently in effect under section 946.336 in 
terms of minimum diameter and minimum weight. All Russet types must be 
2\1/8\ inches minimum diameter or 4 ounces minimum weight during the 
period July 15 through August 31 each season, and 2 inches or 4 ounces 
during the remainder of the season. This rule amends section 946.336 by 
reducing the minimum diameter requirement for Russet type varieties 
from 2\1/8\ inches to 2 inches during the July 15 through August 31 
period each season. Thus, the 2 inch minimum diameter or 4 ounce 
minimum weight would apply to Russet type potatoes throughout the 
entire season.
    At its meeting on February 15, 1996, the Committee unanimously 
recommended reducing the minimum diameter requirement for Russet type 
varieties to 2 inches during the period July 15 through August 31, when 
early crop shipments are made.
    When the current minimum diameter requirement for Russet type 
varieties was established, the Norgold Russet was the primary variety 
being grown for the early market, i.e., the months of July and August. 
This variety is more round in shape than those varieties grown for 
shipment later in the season. The newer varieties grown for the early 
market, such as the Norkotah Russet, are shaped the same as the 
varieties traditionally marketed later in the season. Thus, there is no 
need for a larger diameter requirement for earlier varieties. 
Therefore, the Committee recommended that all Russet type varieties be 
subject to the same minimum diameter requirement throughout the entire 
marketing season.
    Reducing the minimum diameter would enable handlers to market a 
larger portion of the crop in fresh market outlets. This change is 
expected to improve the marketing of Washington potatoes and increase 
returns to producers.
    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 timely received will be 
considered before a final determination is made on this matter.

List of Subjects in 7 CFR Part 946

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, it is proposed that 7 
CFR part 946 be amended as follows:

PART 946--IRISH POTATOES GROWN IN WASHINGTON

    1. The authority citation for 7 CFR part 946 continues to read as 
follows:

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

    2. Section 946.336 is amended by revising paragraph (a)(2)(ii) to 
read as follows:


Sec. 946.336  Handling regulation.

* * * * *
    (a) * * *
    (2) * * *
    (ii) All Russet types, 2 inches (54.0 mm) minimum diameter, or 4 
ounces minimum weight.
* * * * *
    Dated: April 16, 1996.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-9832 Filed 4-19-96; 8:45 am]
BILLING CODE 3410-02-P