[Federal Register Volume 74, Number 236 (Thursday, December 10, 2009)]
[Rules and Regulations]
[Pages 65390-65394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-29023]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 948, 953, and 980

[Doc. No. AMS-FV-08-0018; FV08-980-1 FR]


Vegetable Import Regulations; Modification of Potato Import 
Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule modifies the import regulations for Irish potatoes 
by reducing the number of marketing order areas determined as being in 
the most direct competition with imported potatoes from five to three; 
exempting U.S. No. 1 grade potatoes imported in certain small 
containers from size requirements; and removing certain language from 
Marketing Orders No. 948 and 953 that reference the regulation of 
imported Irish potatoes. In addition, this rule makes minor 
administrative changes to the potato, onion, and tomato import 
regulations to update informational references. The modifications to 
the import regulations are expected to benefit potato importers and 
consumers.

DATES: Effective Date: January 11, 2010.

FOR FURTHER INFORMATION CONTACT: Barry Broadbent or Gary D. Olson, 
Northwest Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW. Third Avenue, 
Suite 385, Portland, OR 97204; Telephone: (503) 326-2724, Fax: (503) 
326-7440, or E-mail: [email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 
720-2491, Fax: (202) 720-8938, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This final rule is issued under section 8e 
of the Agricultural Marketing Agreement Act of 1937, as amended (7 
U.S.C. 601-674), hereinafter referred to as the ``Act'', which provides 
that whenever certain specified commodities, including potatoes 
produced in certain areas, are regulated under a Federal marketing 
order, imports of that commodity must meet the same or comparable 
grade, size, quality, and maturity requirements as those in effect for 
the domestically produced commodity. The import regulations for 
vegetables issued under section 8e, which cover imports of Irish 
potatoes, onions, and tomatoes, are contained in 7 CFR part 980.
    This final rule is also issued under Marketing Agreement No. 97 and 
Marketing Order No. 948, both as amended (7 CFR part 948), regulating 
the handling of Irish potatoes grown in Colorado, and Marketing 
Agreement No. 104 and Marketing Order No. 953, both as amended (7 CFR 
part 953), regulating the handling of Irish potatoes grown in two 
southeastern States (Virginia and North Carolina). Both orders are 
effective under the Act.
    The Department of Agriculture (USDA) 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.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any

[[Page 65391]]

handler subject to an order may file with USDA 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 USDA 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 his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of import regulations 
issued under section 8e of the Act.
    Section 8e provides authority to regulate certain imported 
commodities whenever those same commodities are regulated by a domestic 
marketing order. Potatoes are one of the commodities specifically 
covered by section 8e in the Act. In addition, section 8e provides that 
whenever two or more such marketing orders regulating the same 
agricultural commodity produced in different areas are concurrently in 
effect, imports must comply with the provisions of the order which 
regulates the commodity produced in the area with which the imported 
commodity is in the ``most direct competition.'' Prior to this rule, 
five marketing orders were determined to be in most direct competition 
with Irish potato imports, varying by the type of potato and the 
shipping season. Section 980.1(a) reflected this determination.
    This final rule modifies the Irish potato import regulations by 
reducing the number of domestic marketing order areas determined as 
being in the most direct competition with imported Irish potatoes from 
five to three. This final rule also exempts U.S. No. 1 grade potatoes 
that are imported in three-pound or less containers from any concurrent 
marketing order size requirements. Additionally, this final rule 
removes language contained in Marketing Orders No. 948 and 953 that 
becomes obsolete upon the implementation of this rule. Finally, this 
rule makes minor changes to update certain informational references 
contained in the Irish potato, onion, and tomato import regulations.
    Prior to this action, five marketing orders were determined to be 
in most direct competition with imported Irish potatoes and acted as 
the basis for the establishment of minimum grade, size, quality, and 
maturity requirements for imported Irish potatoes, as set forth in the 
import regulations issued under section 8e. The marketing order areas 
that were previously determined to be in most direct competition were: 
Marketing Order No. 946 (Irish Potatoes Grown in Washington) for 
imports of red-skinned, round type potatoes during the period July 
through September; Marketing Order No. 948 (Area II) for imports of 
red-skinned, round type potatoes during the period October through the 
following June; Marketing Order No. 953 for imports of round white 
potatoes during the period June 5 through July 31; Marketing Order No. 
948 (Area III) for imports of all other round type potatoes during the 
period August 1 through June 4 of the following year; and Marketing 
Order No. 945 for imports of long type potatoes during each month of 
the marketing year.
    The previous determinations as to the areas in most direct 
competition needed to be updated to reflect current production trends. 
With this final rule, USDA is reducing the number of marketing orders 
determined to be in most direct competition with Irish potato imports 
from five to three: One for red-skinned, round type potatoes; one for 
all other varieties of round potatoes; and one for long type potatoes. 
Consequently, the import regulations for Irish potatoes (7 CFR 980.1) 
are revised by determining Marketing Order No. 946 as the production 
area in most direct competition with imports of red-skinned, round type 
potatoes through the entire year and Marketing Order No. 948 (Area II) 
as the production area in most direct competition with imports of all 
other round type potatoes through the entire year. Marketing Order No. 
945 continues to be the area determined to be in most direct 
competition with imports of long type potatoes through the entire year.
    Production trends in recent years justify the changes to the 
designation of the areas in most direct competition with imported 
potatoes. The production area for Irish potatoes grown in Washington, 
Marketing Order No. 946, has emerged as the clear domestic shipping 
leader for fresh packed red-skinned, round type potatoes, shipping more 
than three times the quantity as any other domestic area. Based on 
marketing order records for the years 2003-2007, the production area 
for Marketing Order No. 946 shipped an average of 1,370,410 
hundredweight of red-skinned, round type, fresh packed potatoes. The 
next highest marketing order production area was the San Luis Valley of 
Colorado, covered by Marketing Order No. 948 (Area II). Based on 
marketing order statistics for the 2003-2007 period, the area shipped 
an average of 405,083 hundredweight of red-skinned, round type, fresh 
packed potatoes. Furthermore, handlers in the Marketing Order No. 946 
production area shipped in all 12 months of the year.
    The production area for Marketing Order 948 (Area II) does ship a 
larger volume of red-skinned, round type, fresh packed potatoes than 
Marketing Order 946 for a few months a year during its peak shipping 
season, but does not ship near the total quantity or for the length of 
time. Marketing Order 946, therefore, is established as the marketing 
order area in most direct competition year round due to its dominance 
in total shipping volumes and year round availability.
    Establishing one marketing order as the area in most direct 
competition for red-skinned, round type potatoes more accurately 
reflects current production trends and simplifies the process for 
importers by having the same regulations established on a year round 
basis. As such, USDA has determined that, based on recent shipment 
statistics, Marketing Order No. 946 is the area in most direct 
competition with imports of red-skinned, round type potatoes for the 
entire year.
    Likewise, the production area for Irish potatoes grown in the San 
Luis Valley of Colorado, Marketing Order No. 948 (Area II), has become 
the predominant domestic shipping area of all other round type, fresh 
packed potatoes, shipping more than double the quantity as any other 
area. Based on marketing order statistics for the years 2003-2007, the 
production area for Marketing Order No. 948 (Area II) shipped an annual 
average of 1,671,810 hundredweight of all other round type, fresh 
packed potatoes. In addition, handlers in Area II shipped all other 
round type potatoes in all 12 months of the year. Following Colorado 
Area II in the quantity handled of all other round type, fresh potatoes 
was the Marketing Order No. 946 production area, where an annual 
average of 778,400 hundredweight was shipped during this four year 
period.
    Prior to this action, USDA had determined that the production areas 
for Marketing Orders No. 948 (Area III) and No. 953 were in most direct 
competition with imports of all other round type potatoes during 
certain periods of the year and were designated as such in the import 
regulations. However, these production areas no longer ship fresh Irish 
potatoes in quantities that warrant the continuation of such a 
designation.

[[Page 65392]]

Marketing order committee statistics show that handlers in the 
production area for Marketing Order No. 948 (Area III) shipped an 
annual average of 203,115 hundredweight of all other round type, fresh 
potatoes for the years 2003-2007, or approximately 12 percent of the 
amount shipped by the leading shipping area. Similarly, based on 
marketing order committee statistics, handlers in the production area 
for Marketing Order No. 953 shipped an annual average of 303,558 
hundredweight of all other round type, fresh potatoes during the years 
2005-2007, which is approximately 18 percent of the amount shipped by 
the leading shipping area.
    Marketing Order 946 does ship a large volume of other round type, 
fresh packed potatoes during a few months a year during its peak 
shipping season. However, Marketing Order 948 (Area II) is established 
as the marketing order area in most direct competition with potato 
imports year round due to the area's dominance in total yearly shipping 
volumes and year round availability. Establishing one marketing order 
as the order in most direct competition for other round type potatoes 
more accurately reflects current production trends and will simplify 
the process for importers by having consistent regulations for those 
type potatoes established on a year round basis. Consequently, USDA has 
determined that, based on recent shipment statistics, Marketing Order 
No. 948 (Area II) is the area in most direct competition with imports 
of all other round type potatoes for the entire year.
    The production area for Irish potatoes grown in certain designated 
counties in Idaho, and Malheur County, Oregon, covered by Marketing 
Order No. 945, has been, and is expected to continue to be, the 
production and shipping leader for long type potatoes. As such, the 
determination of the area in most direct competition with long type 
Irish potato imports as currently contained in the import regulations 
continues unchanged.
    This final rule also exempts U.S. No. 1 grade potatoes of any type 
imported in 3 pound or less containers from the size requirements 
otherwise specified in the potato import regulations. Marketing Order 
No. 946, which covers potato production in the state of Washington, 
contains this exemption in its handling regulation. Washington is the 
only domestic potato production area to ship U.S. No. 1 grade potatoes 
in 3 pound or less containers without regard to size. However, they are 
marketed throughout the year. Therefore, the exemption from size 
requirements for imported potatoes in 3 pound or less containers is 
based upon the regulation established under Marketing Order 946 for the 
entire year. This change will allow importers to import potatoes under 
comparable regulation.
    Additionally, as a result of the changes delineated above, this 
final rule removes Sec. Sec.  948.387(h) and 953.322(g) from their 
respective marketing orders. These paragraphs, specifically addressing 
``Applicability to imports'', are no longer relevant given the changes 
in the determination of areas in most direct competition with imported 
potatoes.
    Marketing Orders No. 948 (Area III) and No. 953 continue to be 
viable marketing orders in providing for the orderly marketing of Irish 
potatoes in the respective production areas. This action has no direct 
bearing on the operation of those programs. The changes in the 
determination simply means that those marketing orders will no longer 
be used as a basis for establishing Irish potato import requirements 
and, as such, any language in those marketing orders that link the 
orders to the potato import regulations is obsolete.
    Lastly, this rule makes minor changes to certain reference 
information included in the import regulations covering potatoes, 
onions, and tomatoes that either require updating or have become 
obsolete since the subpart was last amended. Specifically, the 
designation of governmental inspection services are amended to reflect 
agency name changes, references to certain Code of Federal Regulations 
citation numbers are updated to acknowledge changes, and other outdated 
address information is brought current.
    USDA believes that the modifications specified above will 
streamline the import regulations that potato importers are subject to. 
It is expected that these changes will benefit importers of Irish 
potatoes and consumers.

Final Regulatory Flexibility Analysis

    Pursuant to the 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. 
Accordingly, AMS has prepared this final regulatory flexibility 
analysis.
    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.
    Small agricultural producers are defined as those whose annual 
receipts are less than $750,000, and small agricultural service firms, 
including potato importers, are defined by the Small Business 
Administration (13 CFR 121.201) as those having annual receipts of less 
than $7,000,000. There are approximately 255 importers of all types of 
potatoes who are subject to regulation under the Act. The majority of 
potato importers may be classified as small entities.
    This final rule modifies the import regulations for Irish potatoes 
(7 CFR 980.1) by reducing the number of areas designated as being in 
most direct competition with Irish potato imports from five to three to 
reflect changes in domestic production trends. This final rule 
designates Marketing Order No. 946 as the sole production area in most 
direct competition with imports of red-skinned, round type potatoes, 
whereas the previous determination was that both Marketing Orders No. 
946 and No. 948 (Area II) were the areas in most direct competition 
during certain specific periods of the year. This final rule also 
designates Marketing Order No. 948 (Area II) as the production area in 
most direct competition with imports of all other round type potatoes, 
whereas the previous determination was that Marketing Orders No. 948 
(Area III) and No. 953 were the areas in most direct competition during 
certain specific periods of the year.
    Section 8e of the Act provides authority for the regulation of 
imported Irish potatoes, whenever similar type potatoes are regulated 
by a domestic marketing order. In addition, section 8e provides that 
whenever two or more such marketing orders regulating the same 
agricultural commodity produced in different areas are concurrently in 
effect, imports must comply with the provisions of the marketing order 
which regulates the commodity produced in the area with which the 
imported commodity is in the ``most direct competition.''
    Prior to this action, the Irish potato import regulations required 
importers to comply with the grade, size, quality, and maturity 
requirements of five marketing orders (Marketing Orders No. 945, No. 
946, No. 948 (Area II and Area III), and No. 953) depending on the type 
of potato and the time period when shipped. This final rule reduces 
that number to three by eliminating Marketing Orders No. 948 (Area III) 
and No. 953 from the determinations in Sec.  980.1(a). With this 
action, Marketing Order No. 946 is determined as the area

[[Page 65393]]

in most direct competition with imports of red-skinned, round type 
potatoes, and Marketing Order No. 948 (Area II) is determined as the 
area in most direct competition with imports of all other round type 
potatoes. Marketing Order No. 945 continues as the area determined to 
be in most direct competition with imports of all long type potatoes.
    Designating just three marketing orders as being generally in most 
direct competition with imported potatoes of similar type more 
accurately reflects current domestic production trends. Statistics from 
recent years show that the production area of Marketing Order No. 946 
(Irish potatoes grown in Washington) has emerged as the clear leader in 
the production of red-skinned, round type potatoes, nearly tripling the 
next largest production area (Marketing Order No. 948 (Area II)). 
Likewise, the production area of Marketing Order No. 948 (Area II) 
(Irish potatoes grown in the San Luis Valley of Colorado) has become 
the production leader of all other round type potatoes, producing over 
twice the quantity of these type potatoes than the next largest 
domestic producing region (Marketing Order No. 946). The production 
area for Marketing Order No. 945 (Irish potatoes grown in certain 
designated counties in Idaho, and Malheur County, Oregon) continues to 
be the production leader of long type potatoes.
    This final rule also exempts U.S. No. 1 grade potatoes of any type 
imported in 3 pound or less containers from the size requirements 
otherwise specified in the potato import regulations. Marketing Order 
No. 946, which covers the only domestic potato production area that 
ships such potatoes, currently contains this exemption. However, they 
are marketed throughout the year. Therefore, the exemption from size 
requirements for imported potatoes in 3 pound or less containers should 
be based upon the regulation established under Marketing Order No. 946 
for the entire year. This change allows importers to import potatoes 
under comparable regulation.
    Additionally, as a result of the changes to the import regulations 
delineated above, this rule removes Sec. Sec.  948.387(h) and 
953.322(g) from the respective marketing orders. These paragraphs, 
specifically addressing ``Applicability to imports,'' are no longer be 
necessary after the determination of areas in most direct competition 
with imported potatoes are modified.
    Lastly, this final rule makes minor changes to certain 
informational references included in the import regulations covering 
potatoes, onions, and tomatoes that require updating since the subpart 
was last amended. Specifically, the designation of the governmental 
inspection service is amended to reflect agency name changes, 
references to certain Code of Federal Regulations citation numbers are 
updated to acknowledge changes, and outdated address information is 
brought current.
    In most cases, the changes to the potato import regulations 
constitute a relaxation of the regulatory requirements that potato 
imports are subject to. In all other cases, this action represents a 
continuation of the current regulatory requirements. Therefore, the 
changes enacted by this final rule either maintain or reduce the 
regulatory burden on potato importers.
    Imports of red-skinned, round type potatoes, previously subject to 
the requirements of Marketing Orders No. 946 and 948 (Area II), will 
now only be subject to the requirements of Marketing Order No. 946. The 
minimum size requirements in Marketing Order No. 946 are less 
restrictive than the size requirements in Marketing Order No. 948 (Area 
II).
    Likewise, imports of all other round type potatoes, previously 
subject to the requirements of Marketing Orders No. 948 (Area III) and 
953, will now only be subject to the requirements of Marketing Order 
No. 948 (Area II). The minimum size requirements in Marketing Order No. 
948 (Area II) are less restrictive than the requirements of both 
Marketing Orders No. 948 (Area III) and 953.
    Exempting U.S. No. 1 grade potatoes handled in 3 pound or less 
containers from size requirements is also considered a relaxation of 
the current regulations.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    This final rule will not impose any additional reporting or 
recordkeeping requirements on either small or large potato importers. 
As with all Federal marketing order programs and corresponding import 
regulations, reports and forms are periodically reviewed to reduce 
information requirements and duplication by industry and public sector 
agencies. In addition, USDA has not identified any relevant Federal 
rules that duplicate, overlap, or conflict with this final rule.
    A proposed rule concerning this action was published in the Federal 
Register on May 29, 2009 (74 FR 25678). The rule was made available 
through the Internet by USDA and the Office of the Federal Register. A 
60-day comment period ending July 28, 2009, was provided to allow 
interested persons to respond to the proposal. No comments were 
received. Accordingly, no changes will be made to the rule as proposed.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at the 
following Web site: http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to 
Jay Guerber at the previously mentioned address in the FOR FURTHER 
INFORMATION CONTACT section.
    In accordance with section 8e of the Act, the United States Trade 
Representative has concurred with the issuance of this final rule.
    After consideration of all relevant matter presented, it is hereby 
found that this rule, as hereinafter set forth, will tend to effectuate 
the declared policy of the Act.

List of Subjects

7 CFR Part 948

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

7 CFR Part 953

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

7 CFR Part 980

    Food grades and standards, Imports, Marketing agreements, Onions, 
Potatoes, Tomatoes.


0
For the reasons set forth in the preamble, 7 CFR parts 948, 953, and 
980 are amended as follows:
0
1. The authority citation for 7 CFR part 948, 953, and 980 continues to 
read as follows:

    Authority: 7 U.S.C. 601-674.

PART 948--IRISH POTATOES GROWN IN COLORADO

0
2. In Sec.  948.387, paragraph (h) is removed.

PART 953--IRISH POTATOES GROWN IN SOUTHEASTERN STATES

0
3. In Sec.  953.322, paragraph (g) is removed.

[[Page 65394]]

PART 980--VEGETABLES; IMPORT REGULATIONS

0
4. In Sec.  980.1, paragraphs (a)(2)(i), (a)(2)(ii), (b)(1), (b)(2), 
and (j) are revised to read as follows:


Sec.  980.1  Import regulations; Irish potatoes.

    (a) * * *
    (2) * * *
    (i) Imports of red-skinned, round type potatoes during each month 
of the marketing year are in most direct competition with potatoes of 
the same type produced in the area covered by Marketing Order No. 946 
(part 946 of this chapter).
    (ii) Imports of all other round type potatoes during each month of 
the marketing year are in most direct competition with potatoes of the 
same type produced in Area 2, Colorado (San Luis Valley) covered by 
Marketing Order No. 948, as amended (part 948 of this chapter).
* * * * *
    (b) * * *
    (1) Through the entire year, the grade, size, quality, and maturity 
requirements of Marketing Order No. 946, as amended (part 946 of this 
chapter), applicable to potatoes of the red-skinned, round type shall 
be the respective grade, size, quality, and maturity requirements for 
all imported red-skinned, round type potatoes.
    (2) Through the entire year, the grade, size, quality, and maturity 
requirements of Area II, Colorado (San Luis Valley) covered by 
Marketing Order No. 948, as amended (part 948 of this chapter), 
applicable to potatoes of the round type, other than red-skinned 
varieties, shall be the respective grade, size, quality, and maturity 
requirements for imports of all other round type potatoes.
* * * * *
    (j) Exemptions. (1) The grade, size, quality and maturity 
requirements of this section shall not be applicable to potatoes 
imported for canning, freezing, other processing, livestock feed, 
charity, or relief, but such potatoes shall be subject to the safeguard 
provisions contained in Sec.  980.501. Processing includes canning, 
freezing, dehydration, chips, shoestrings, starch and flour. Processing 
does not include potatoes that are only peeled, or cooled, sliced, 
diced, or treated to prevent oxidation, or made into fresh potato 
salad.
    (2) There shall be no size requirements for potatoes that are 
imported in containers with a net weight of 3 pounds or less, if the 
potatoes are otherwise U.S. No. 1 grade or better.

0
5. Amend Sec.  980.117 as follows:
0
a. Revise paragraph (e) to read as set forth below;
0
b. Amend paragraph (f)(2) by removing the reference ``(7 CFR part 
2851)'' and by adding in its place the reference ``(7 CFR part 51)''; 
and
0
c. Amend paragraph (h), by removing the references ``(7 CFR 2851.3195 
through 2851.3209)'', ``(7 CFR 2851.3955 through 2851.3970)'' and ``(7 
CFR 2851.3195 through 2851.3209)'' and by adding in their places the 
references ``(7 CFR 51.3195 through 51.3209)'', ``(7 CFR 51.3955 
through 51.3970)'' and ``(7 CFR 51.3195 through 51.3209)'' 
respectively.


Sec.  980.117  Import regulations; onions.

* * * * *
    (e) Designation of governmental inspection service. The Federal or 
Federal-State Inspection Service, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture and the 
Food of Plant Origin Division, Plant Products Directorate, Canadian 
Food Inspection Agency, are hereby designated as governmental 
inspection services for the purpose of certifying the grade, size, 
quality, and maturity of onions that are imported, or to be imported, 
into the United States under the provisions of section 8e of the Act.
* * * * *

0
6. Amend Sec.  980.212 as follows:
0
a. Revise paragraph (e) to read as set forth below;
0
b. Amend paragraph (f)(2) by removing the reference ``(7 CFR 2851)'' 
and by adding in its place the reference ``(7 CFR 51)''; and
0
c. Amend paragraph (h) by removing the words ``(7 CFR 2851.1855 through 
2851.1877; title 7, chapter I, part 51 was redesignated title 7, 
chapter 28, part 2851 on June 27, 1977)'' and by adding in their place 
the words ``(7 CFR 51.1855 through 51.1877).''


Sec.  980.212  Import regulations; tomatoes.

* * * * *
    (e) Designation of governmental inspection service. The Federal or 
Federal-State Inspection Service, Fruit and Vegetable Programs, 
Agricultural Marketing Service, U.S. Department of Agriculture and the 
Food of Plant Origin Division, Plant Products Directorate, Canadian 
Food Inspection Agency, are hereby designated as governmental 
inspection services for the purpose of certifying the grade, size, 
quality, and maturity of tomatoes that are imported, or to be imported, 
into the United States under the provisions of section 8e of the Act.
* * * * *


Sec.  980.501  [Amended]

0
7. Amend Sec.  980.501 as follows:
0
a. Amend paragraph (a)(4) by removing the words ``Fruit and Vegetable 
Division'' in the first and second sentences and by adding in their 
places the words ``Fruit and Vegetable Programs''; and
0
b. Amend paragraph (d) by removing the address ``Marketing Order 
Administration Branch, USDA, AMS, P.O. Box 96456, Room 2523-S, 
Washington, DC 20090-6456, telephone (202) 720-4607'' and by adding in 
its place the address ``Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 
0237, Washington, DC 20250-0237, telephone (202) 720-2491.''

    Dated: December 1, 2009.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. E9-29023 Filed 12-9-09; 8:45 am]
BILLING CODE 3410-02-P