[Federal Register Volume 72, Number 9 (Tuesday, January 16, 2007)]
[Proposed Rules]
[Pages 1688-1689]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-426]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 1207

[Docket No. AMS-FV-06-0219; FV-05-711]


Potato Research and Promotion Plan; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This document summarizes the results of an Agricultural 
Marketing Service (AMS) review of the Potato Research and Promotion 
Program, under the criteria contained in Section 610 of the Regulatory 
Flexibility Act. Based upon its review, AMS has determined that the 
Potato Research and Promotion Plan should be continued without change.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to the Docket Clerk, Research and Promotion 
Branch, Fruit and Vegetable Programs (FV), Agricultural Marketing 
Service (AMS), USDA, Stop 0244, Room 0634-S, 1400 Independence Avenue, 
SW., Washington, DC 20250-0244; telephone (202) 720-9915; Fax (202) 
205-2800; or e-mail: [email protected].

FOR FURTHER INFORMATION CONTACT: Sonia N. Jimenez, Research and 
Promotion Branch, FV, AMS, USDA, Stop 0244, 1400 Independence Avenue, 
SW., Room 0634-S, Washington, DC 20250-0244; telephone: (888) 720-9917; 
fax: (202) 205-2800; or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: The Potato Research and Promotion Act of 
1971, as amended, (7 U.S.C. 2611 et seq.) authorized the Potato 
Research and Promotion Program which is industry operated and funded, 
with oversight by USDA. The Program's objective is to carry out an 
effective and continuous coordinated program of research, development, 
advertising, and promotion designed to strengthen potatoes' competitive 
position, and to maintain and expand domestic and foreign markets for 
potatoes and potato products.
    The Program became effective on March 9, 1972, and was implemented

[[Page 1689]]

on September 15, 1972, when the Potato Research and Promotion Plan 
(Plan) (7 CFR part 1207) was issued. The plan was amended in May 1984, 
to increase the maximum assessment rate from 1 cent per hundredweight 
to 0.5 percent of the previous 10-year average price received by 
growers. The Plan was amended again on March 8, 2006, to increase the 
assessment rate from 2 cents per hundredweight to 2.5 cents per 
hundredweight.
    Assessments under this Program are used to fund promotional 
campaigns and to conduct research in the areas of U.S. marketing, and 
international marketing and to enable the Potato Board (Board) to 
exercise its duties in accordance with the Plan.
    The Plan is administered by the Board, which is composed of 
producer members, importer members, and one public member appointed by 
the Secretary of Agriculture from nominations submitted by eligible 
groups. Producer membership on the Board is based upon potato 
production within each State. Importer members, limited to five, are 
based upon the amount of potatoes, potato products, and seed potatoes 
imported into the U.S. All members serve terms of three years.
    AMS published in the Federal Register (63 FR 8014; February 18, 
1999) its plan to review certain regulations, including the Potato 
Research and Promotion Plan, (conducted under the Potato Research and 
Promotion Act), under criteria contained in Section 610 of the 
Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612). The Plan to review 
certain regulations was updated in the Federal Register on August 14, 
2003 (68 FR 48574), and updated again on March 24, 2006 (71 FR 14827).
    AMS published a notice of review and request for written comments 
in the Federal Register on December 14, 2005 (70 FR 73945). The comment 
period ended on February 13, 2006. AMS received three written comments. 
One commenter encouraged the Board to place more emphasis on the 
nutritional benefits of potatoes. The Board routinely conducts research 
into the nutritional benefits of potatoes and uses that information to 
promote the benefits of potatoes. A second commenter questioned why 
potato research is needed and suggested that the program be terminated. 
However, the Board does not conduct production research. The Board 
establishes and carries out research and development projects and 
studies in order to encourage, expand, improve or more efficiently 
market and utilize potatoes. The third commenter merely sent their 
organizational structure and did not provide any substantive comment.
    The review was undertaken to determine whether the Potato Research 
and Promotion Plan should be continued without change, amended, or 
rescinded (consistent with the objectives of the Potato Research and 
Promotion Act of 1971) to minimize the impacts on small entities. In 
conducting this review, AMS considered the following factors: (1) The 
continued need for the Potato Research and Promotion Plan; (2) the 
nature of complaints or comments received from the public concerning 
the Potato Research and Promotion Plan; (3) the complexity of the 
Potato Research and Promotion Plan; (4) the extent to which the Potato 
Research and Promotion Plan overlaps, duplicates, or conflicts with 
other Federal rules, and, to the extent feasible, with State and local 
regulations; and (5) the length of time since the Potato Research and 
Promotion Plan has been evaluated or the degree to which technology, 
economic conditions, or other factors have changed in the area affected 
by the Potato Research and Promotion Plan.
    Currently, there are approximately 1,353 handlers, 5,223 producers, 
and 300 importers of potatoes and potato products who are subject to 
the provisions of the Plan. Producers of less than 5 acres of potatoes 
are exempt from assessment.
    AMS provides Federal oversight of the Potato Research and Promotion 
Plan. The Plan is not unduly complex, and AMS has not identified any 
Federal rules, or State and local regulations that duplicate, overlap, 
or conflict with the Plan. Over the years, regulation changes have been 
made to address industry operation changes and to improve program 
administration. The goal of these evaluations is to assure that the 
Plan and the regulations implemented under it fit the needs of the 
industry and are consistent with the Act.
    Based upon its review, AMS has determined that the Plan should be 
continued without change. AMS plans to continue working with the potato 
industry in maintaining an effective program.

    Dated: January 10, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E7-426 Filed 1-12-07; 8:45 am]
BILLING CODE 3410-02-P