[Federal Register Volume 66, Number 225 (Wednesday, November 21, 2001)]
[Rules and Regulations]
[Pages 58349-58350]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-29110]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 225 / Wednesday, November 21, 2001 / 
Rules and Regulations  

[[Page 58349]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 80

[Doc. No. FV-01-80-01]
RIN 0581-AC07


Regulations Governing the Fresh Russet Potato Diversion Program, 
2000 Crop

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This document finalizes procedures setting forth the terms of 
the Fresh Russet Potato Diversion Program for the 2000 crop. A proposed 
rule was published April 13, 2001.

EFFECTIVE DATE: November 23, 2001.

FOR FURTHER INFORMATION CONTACT: Susan Proden, Branch Chief, Room 
2546--South Building, USDA or call (202) 720-4517. Information may also 
be obtained at the website: http://www.ams.usda.gov/fv/fvcomm.htm

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This rule has been determined to be not significant for purposes of 
Executive Order 12866. Therefore, it has not been reviewed by the 
Office of Management and Budget (OMB).

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. The rule is intended to have preemptive effect with 
respect to any State or local laws, regulations or policies which 
conflict with its provisions, or which would otherwise impede its full 
implementation. Prior to any judicial challenge to the provisions of 
this rule or the application of its provisions, all applicable 
administrative procedures must be exhausted.

Paperwork Reduction Act

    Information collection requirements required by this rule are not 
required before the regulations may be effective. However, the 30-day 
public comment period and OMB approval under the provisions of 44 
U.S.C. Chapter 35 are still required after the rule is published, and 
the Information Collection Package and request for approval will be 
submitted to OMB.

Regulatory Flexibility Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service(AMS) has determined that 
this action will not have a significant economic impact on a 
substantial number of 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 disproportionally 
burdened. The Small Business Administration (13 CFR 121.1) has defined 
small agricultural producers as those having annual gross revenue for 
the last three years of less than $500,000 and small agricultural 
service firms are defined as those, whose gross annual receipts are 
less than $5,000,000.
    Because there is a preponderance of entities shipping fresh Russet 
potatoes that meet these gross revenue limitations it is anticipated 
that the majority of the program participants could be classified as 
small entities without substantial regulatory restriction. Therefore, 
the provisions of the RFA are not applicable and no Regulatory 
Flexibility analysis is required.

Executive Order 12372

    This program is not subject to the provisions of Executive Order 
12372, which requires intergovernmental consultation with state and 
local officials. See the Notice related to 7 CFR part 3015, subpart V 
published at 48 FR 29115 (June 24, 1983).

Executive Order 12612

    It has been determined that this rule does not have sufficient 
federalism implications to warrant the preparation of a Federalism 
Assessment. The provisions contained in this rule will not have a 
substantial direct, effect on States or their political subdivisions or 
on the distribution of power and responsibilities among the various 
levels of government.

Background

    On April 13, 2001 (66 FR 19099), a proposed rule was published to 
provide for a Potato Diversion Program for 2000 crop Fresh Russet 
Potatoes. The program was developed because of market conditions 
existing at that time. Authority for the program is contained in 
Section 32 of the Act of August 24, 1935, is amended (7 U.S.C. 612c) 
clause ``(2)'' of that section allows for diversion and clause ``(3)'' 
provides for payments to help farmers. Both apply. Because of crop-
driven deadlines, disposition and application deadlines were set for 
time periods that have now expired. Several commentors asked for an 
extended comment period and such an extension was published on May 16, 
2001 (66 FR 27405). Other commentors asked for higher payments. Because 
of the applications received, the program's authorization was increased 
to $12 million. Other commentors suggested that other varieties of 
potatoes be covered, that a particular diversion be authorized to a 
particular charitable organization, and that dehydrated potatoes be 
diverted. These comments were not adopted because of the particular 
market conditions that drove the development of the program and because 
the agency sought to avoid unduly limiting farmer flexibility in light 
of the statutory purposes at issue. Sections 80.3 through 80.16 have 
been removed because the deadlines for application and disposition have 
passed.

List of Subjects in 7 CFR Part 80

    Administrative practice and procedures, Agriculture, Agricultural 
commodities, Reporting and recordkeeping requirements.

    For the reasons set forth in the preamble, Title 7 chapter I is 
amended by revising part 80 to read as follows:

PART 80--FRESH RUSSET POTATO DIVERSION PROGRAM

Subpart A--Fresh Russet Potato Diversion Program

Sec.
80.1   Applicability and payments.
80.2   Administration and disputes.

    Authority: 7 U.S.C. 612c.

[[Page 58350]]

Subpart A--Fresh Russet Potato Diversion Program


Sec. 80.1  Applicability and payments.

    Payment be received or retained with respect to diversions of 2001 
Fresh Russet potatoes as allowed by the Administrator of the 
Agricultural Marketing Service (AMS), of the Department of Agriculture 
(USDA) using standards set out for consideration in the relevant 
Federal Register notice published on April 13, 2001 (66 FR 19099) 
except that total funding for the program may be an amount up to $12 
million. If a person has or will receive such a payment and there is a 
failure to comply with the conditions for payment or any condition for 
payment set out in the application, or that otherwise applies, all sums 
received by a person shall be returned with interest. No other claims 
for payment by producers or other persons under this part based upon 
their diversion of potatoes, shall be allowed except as approved by the 
Administrator of the Agricultural Marketing Service (AMS), of the 
Department of Agriculture (USDA). In all cases, the Administrator may 
set such other conditions for payment as may be allowable and serve the 
accomplishment of the goals of the program.


Sec. 80.2  Administration and disputes.

    Administration of this part shall be under the supervision of the 
Deputy Administrator, Fruit and Vegetable Programs, AMS, and 
implemented for AMS through the Farm Service Agency (FSA) of USDA. 
Disputes shall be resolved by FSA by using regulations found in 7 CFR 
part 780.

Subpart B--[Reserved]

    Dated: November 15, 2001.
A. J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 01-29110 Filed 11-20-01; 8:45 am]
BILLING CODE 3410-02-P