[Federal Register Volume 61, Number 200 (Tuesday, October 15, 1996)]
[Rules and Regulations]
[Pages 53606-53607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-26347]


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

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Part 950

[Docket No. FV95-950-1FR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule terminates 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 order does 
not reflect current industry structure and operating procedures. Thus, 
there is no need to continue this order.

EFFECTIVE DATE: November 14, 1996.

FOR FURTHER INFORMATION CONTACT: Robert F. Matthews, Marketing 
Specialist, 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 final rule is governed by the 
provisions of Sec. 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 final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This rule is not intended to have retroactive 
effect. This rule 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 Sec. 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 to review the Secretary's ruling on 
the petition, provided an action 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 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 of Maine potatoes. Some of 
them are also handlers who would be subject to seasonal handling 
regulations under the order. 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.
    No seasonal regulations have been implemented under the order since 
the 1967-68 season. There is no indication that regulations will again 
be needed. This action terminates the order and regulations issued 
thereunder. Further, the order does not reflect current industry 
structure and operating procedures. Therefore, AMS has determined that 
this action will not have a significant impact on a substantial number 
of 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.
    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 Federal marketing order. 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, the marketing order does not reflect current industry 
structure and operating procedures.
    A proposed rule was published in the November 16, 1995, issue of 
the Federal Register giving interested persons until December 18, 1995, 
to file written comments. No comments were received.
    Pursuant to Sec. 608c(16)(A) of the Act and Sec. 950.84 of the 
order, the Secretary has determined that Marketing Order No. 950, 
covering Irish potatoes grown in Maine, and the rules and regulations 
issued thereunder, no longer tend to effectuate the declared policy of 
the Act, and are hereby terminated. Trustees need not 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 has been so notified.

List of Subjects in 7 CFR Part 950

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

[[Page 53607]]

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 removed.

    Dated: October 4, 1996.
Michael V. Dunn,
Assistant Secretary, Marketing and Regulatory Programs.
[FR Doc. 96-26347 Filed 10-11-96; 8:45 am]
BILLING CODE 3410-02-P