[Federal Register Volume 67, Number 102 (Tuesday, May 28, 2002)]
[Rules and Regulations]
[Pages 36788-36789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13124]


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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 945

[Docket No. FV01-945-610 REVIEW]


Idaho-Eastern Oregon Potato Marketing Order; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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

SUMMARY: This action summarizes the results of an Agricultural 
Marketing Service (AMS) review of Marketing Order 945, which regulates 
the handling of Irish potatoes grown in certain designated counties in 
Idaho and Malheur County, Oregon, under the criteria contained in 
section 610 of the Regulatory Flexibility Act (RFA). Based upon its 
review, AMS has determined that the marketing order should be continued 
without change.

DATES: Effective: May 28, 2002.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to the Docket Clerk, Fruit and Vegetable 
Programs, AMS, USDA, Room 2525-S, PO Box 96456, Washington, DC 20090-
6456; Fax: (202) 720-8938; or E-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Gary Olson, Regional Manager, 
Northwest Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue, 
Suite 385, Portland, Oregon 97204; telephone: (503) 326-2724; Fax: 
(503) 326-7440; E-mail: [email protected]; or George Kelhart, 
Technical Advisor, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, room 2525-S, PO Box 96456, Washington, 
DC 20090-6456; telephone: (202) 720-2491; Fax: (202) 720-8938; E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Marketing Order No. 945, as amended (7 CFR 
part 945), regulates the handling of Irish potatoes grown in certain 
designated counties in Idaho and Malheur County, Oregon. The marketing 
order is effective under the Agricultural Marketing Agreement Act of 
1937 (Act), as amended (7 U.S.C. 601-674).
    Marketing Order 945, originally established in 1941, authorizes 
grade, size, quality, pack, and container regulations, as well as 
inspection. Under section 8e of the Act, the grade, size, quality, and 
maturity regulations are also applied to imported potatoes. The 
marketing order establishes the Idaho-Eastern Oregon Potato Committee 
(Committee), consisting of five producers and three handlers and their 
respective alternates. Members serve two-year terms and are nominated 
by the Idaho-Eastern Oregon potato industry, currently consisting of 
approximately 1,200 producers and 63 handlers.
    AMS published in the Federal Register (63 FR 8014; February 18, 
1999), its plan to review certain regulations, including Marketing 
Order No. 945, under criteria contained in section 610 of the 
Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612). An updated plan was 
published in the Federal Register on January 4, 2002 (67 FR 525). AMS 
published a notice of review and request for written comments on the 
Idaho-Eastern Oregon potato marketing order in the May 31, 2001, issue 
of the Federal Register (66 FR 24095). During the comment period, one 
written comment in support of the marketing order was received. This 
comment, received from the Committee, supported continuation of the 
marketing order.
    The AMS review was undertaken to determine whether the Idaho-
Eastern Oregon potato marketing order should be continued without 
change, amended, or rescinded to minimize the impacts on small 
entities. In conducting this review, AMS considered the following 
factors: (1) The continued need for the marketing order; (2) the nature 
of complaints or comments received from the public concerning the 
marketing order; (3) the complexity of the marketing order; (4) the 
extent to which the marketing order overlaps, duplicates, or conflicts 
with other Federal rules, and, to the extent feasible, with State and 
local governmental rules; and (5) the length of time since the 
marketing order has been evaluated or the degree to which technology, 
economic conditions, or other factors have changed in the area affected 
by the marketing order.
    In its written comment, the Committee stated that the marketing 
order has contributed significantly to the name recognition the ``Idaho 
Potato'' currently enjoys nationally and internationally. The Committee 
believes that, since its inception, the marketing order has been a 
significant factor in the successful marketing of Idaho-Eastern Oregon 
potatoes and that it remains an important and viable tool for area 
producers.
    Based on its review, AMS has determined that the marketing order 
should be continued without change. The marketing order was established 
to help the Idaho-Eastern Oregon potato industry work with AMS to solve 
marketing problems. The marketing order regulations on grade, size, 
quality, maturity, pack, container, and inspection requirements 
continue to be beneficial to producers, handlers, and consumers. 
Potatoes produced within this region are widely recognized by

[[Page 36789]]

consumers as having quality characteristics.
    Neither AMS nor the Committee have received any complaints 
regarding Marketing Order 945 or the regulations issued thereunder. The 
marketing order is not unduly complex. Except for 8e regulations, AMS 
has not identified any relevant Federal rules, or State and local 
regulations that duplicate, overlap, or conflict with the Idaho-Eastern 
Oregon potato marketing order. In its comment, the Committee states 
that the order is not complex, but adds that it is available to assist 
both regulated handlers and inspection personnel if there are any 
questions or problems regarding interpretation of the handling 
regulations issued under the marketing order.
    AMS provides federal oversight of the order and, along with the 
Committee, monitors marketing operations on a continuing basis. AMS 
works with the Committee to be responsive to an ever-changing market. 
Changes in regulations are implemented to reflect current industry 
operating practices, and to solve marketing problems as they occur. The 
goal of these evaluations is to assure that the marketing order and the 
regulations implemented under it fit the needs of the industry and are 
consistent with the Act. The Committee commented that it meets at least 
twice annually to discuss the marketing order and the various 
regulations issued thereunder, and to determine if, or what, changes 
may be necessary to recommend to AMS to reflect current industry 
practices. As a result, regulatory changes have been made by AMS 
numerous times over the years to address industry operation changes and 
to improve program administration.
    AMS will continue to work with the Idaho-Eastern Oregon potato 
industry in maintaining an effective marketing order program.

    Dated: May 20, 2002.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 02-13124 Filed 5-24-02; 8:45 am]
BILLING CODE 3410-02-P