[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Rules and Regulations]
[Pages 35141-35142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12396]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 948

[Docket No. AMS-FV-06-0180; FV06-948-610 Review]


Irish Potatoes Grown in Colorado; Section 610 Review

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Confirmation of regulations.

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SUMMARY: This action summarizes the results under the criteria 
contained in section 610 of the Regulatory Flexibility Act (RFA), of an 
Agricultural Marketing Service (AMS) review of Marketing Order No. 948, 
regulating the handling of Irish potatoes grown in Colorado (order). 
AMS has determined that the order should be continued.

ADDRESSES: Interested persons may obtain a copy of the review. Requests 
for copies should be sent to the Docket Clerk, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; Fax: 
(202) 720-8938; e-mail: [email protected] or Internet: http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary D. Olson, 
Northwest Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, Portland, Oregon 
97204; Telephone: (503) 326-2724; Fax: (503) 326-7440; or e-mail: 
[email protected] or [email protected].

SUPPLEMENTARY INFORMATION: Marketing Order No. 948, as amended (7 CFR 
part 948), regulates the handling of Irish potatoes grown in Colorado, 
hereinafter referred to as the ``order.'' The order is effective under 
the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 
601-674), hereinafter referred to as the ``Act.''
    The State of Colorado is divided into three areas for marketing 
order purposes. Currently, only Area No. 2 and Area No. 3 are active.
    Area No. 1, commonly known as the Western Slope, includes and 
consists of the counties of Routt, Eagle, Pitkin, Gunnison, Hinsdale, 
La Plata, in the State of Colorado, and all counties in said State west 
of the aforesaid counties.
    Area No. 2, commonly known as the San Luis Valley, includes and 
consists of the counties of Chaffee, Saguache, Huerfano, Las Animas, 
Mineral, Archuleta, Rio Grande, Conejos, Costilla, and Alamosa in the 
State of Colorado.
    Area No. 3, commonly known as Northern Colorado, includes and 
consists of all the remaining counties in the State of Colorado which 
are not included in Area No. 1 or Area No. 2.
    The order establishes administrative committees for each of these 
areas (area committees).
    The Area No. 2 administrative committee is comprised of 14 members 
and their respective alternates. Nine members represent producers and 
five members represent handlers. Two producers are from Rio Grande 
County, two producers are from either Saguache County or Chaffee 
County, one producer is from Conejos County, two producers are from 
Alamosa County, one producer represents all other counties in Area No. 
2, and one producer represents certified seed producers in Area No. 2. 
Two handlers represent bulk handlers in Area No. 2 and three handlers 
represent handlers in Area No. 2 other than bulk handlers.
    The Area No. 3 administrative committee is comprised of five 
members and their respective alternates. Three producers and two 
handlers represent producers and handlers from any county in Area No. 
3.
    With regulations in Area No. 1 suspended, there is currently no 
need for an Area No. 1 administrative committee.
    The order also establishes the Colorado Potato Committee (CPC) 
which is comprised of six members and alternates selected by the 
Department of Agriculture (USDA). Three members and three alternates 
are selected from nominations of Area No. 2 committee members or 
alternates, and three members and three alternates are selected from 
nominations of Area No. 3 committee members or alternates.
    Currently, there are approximately 175 producers and 95 handlers of 
Colorado potatoes in both of the active areas. The majority of 
producers and handlers may be classified as small entities. The 
regulations implemented under the order are applied uniformly and 
designed to benefit all entities, regardless of size.
    AMS published in the Federal Register on February 18, 1999 (64 FR 
8014), a plan to review certain regulations, including Marketing Order 
No. 948, under criteria contained in section 610 of the RFA (5 U.S.C. 
601-612). Updated plans were published in the Federal Register on 
January 4, 2002 (67 FR 525), August 14, 2003 (68 FR 48574), and again 
on March 24, 2006 (71 FR 14827). Accordingly, AMS published a notice of 
review and request for written comments on the Colorado potato 
marketing order in the February 21, 2006, issue of the Federal Register 
(71 FR 8810). The deadline for comments ended April 24, 2006. Two 
comments were received in support of the order, and are discussed later 
in this document.
    The review was undertaken to determine whether the Colorado potato 
marketing order should be continued without being changed, 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 order; (2) the nature of complaints or comments received from 
the public concerning the order; (3) the complexity of the order; (4) 
the extent to which the 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 order has been 
evaluated or the degree to which technology, economic conditions, or 
other factors have changed in the area affected by the order.
    The order authorizes grade, size, quality, maturity, pack, and 
container regulations as well as inspection requirements. The grade, 
size, quality, maturity, and inspection regulations are also applied to 
imported potatoes under section 608e of the Act. The order also 
authorizes the area committees to establish projects including 
marketing research and development projects, designed to assist, 
improve, or promote the marketing, distribution, and consumption of 
potatoes.

[[Page 35142]]

    These order requirements have helped ensure that only quality 
product reaches the consumer. Quality requirements have helped increase 
and maintain demand for Colorado potatoes over the years. The 
compilation and dissemination of statistical information has helped 
producers and handlers make production and marketing decisions. Funds 
to administer the order are obtained from handler assessments.
    Regarding complaints or comments received from the public 
concerning the order, USDA received two comments, one each from the 
Area No. 2 and Area No. 3 Committees. Both comments were in favor of 
the continuation of the order and addressed each of the five factors 
under consideration by AMS.
    Marketing order issues and programs are discussed at public 
meetings, and all interested persons are allowed to express their 
views. All comments are considered in the decision making process by 
the area committees and the USDA before any program changes are 
implemented.
    In considering the order's complexity, AMS has determined that the 
order is not unduly complex.
    During the review, the order was also checked for duplication and 
overlap with other regulations. AMS did not identify any relevant 
Federal rules, or State and local regulations that duplicate, overlap, 
or conflict with the marketing order for Colorado potatoes. There is a 
Colorado State marketing order for potatoes authorized to conduct 
programs similar to those under the Federal order. However, the State 
program cooperates with the Federal order to ensure that their efforts 
are not duplicative. For instance, the State order currently conducts 
production and marketing research and market promotion, which are 
authorized--but not being conducted--under the Federal order.
    The order was established in August 1941. During the 65 years the 
order has been effective, AMS and the Colorado potato industry have 
continuously monitored marketing operations. Changes in regulations 
have been implemented to reflect current industry operating practices, 
and to solve marketing problems as they occur. The goal of periodic 
evaluations is to assure that the order and the regulations implemented 
under it fit the needs of the industry and are consistent with the Act.
    The CPC and both area committees meet several times a year to 
discuss the order and the various regulations issued thereunder, and to 
determine if, or what, changes may be necessary to reflect current 
industry practices. As a result, regulatory changes have been made 
numerous times over the years to address industry operation changes and 
to improve program administration. In addition, in 1960, the area 
committees made several recommendations to improve quality regulations 
and program operations through formal amendment of the order. An 
amendment hearing was subsequently held in Denver, Colorado, on 
February 1-2, 1960, to receive evidence regarding the recommendations. 
As a result, a referendum was held June 20-28, 1960, to determine 
producer support for the proposed amendments. The proposed amendments 
were favored by a majority of the producers voting in the referendum.
    Based on the potential benefits of the order to producers, 
handlers, and consumers, AMS has determined that the Colorado potato 
marketing order should be continued. The order was established to help 
the Colorado potato industry work with USDA to solve marketing 
problems. The order regulations on grade, size, quality, maturity, 
pack, container, and marketing research and development activities 
continue to be beneficial to producers, handlers, and consumers. AMS 
will continue to work with the Colorado potato industry in maintaining 
an effective marketing order program.

    Dated: June 21, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-12396 Filed 6-26-07; 8:45 am]
BILLING CODE 3410-02-P