[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Rules and Regulations]
[Pages 50191-50192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20443]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 953

[Doc. No. AMS-FV-14-0011; FV14-953-1 FIR]


Irish Potatoes Grown in Southeastern States; Suspension of 
Marketing Order Provisions

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that continued the previous 
suspension of the marketing order for Irish potatoes grown in 
Southeastern states (order). The interim rule continued the suspension 
of all provisions of the order, and the rules and regulations 
implemented thereunder, through March 1, 2017, as requested by 
representatives of the Virginia/North Carolina Irish potato industry. 
This provides the industry more time to consider changes which could 
affect the need for the order. If the industry does not petition to 
have the order reactivated by the end of the suspension period, the 
Agricultural Marketing Service (AMS) will propose to terminate the 
order.

DATES: Effective August 20, 2015 through March 1, 2017.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Fruit and Vegetable 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: [email protected] or [email protected].
    Small businesses may obtain information on complying with this and 
other marketing order and agreement regulations by viewing a guide at 
the following Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or by contacting Jeffrey Smutny, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 104 and Marketing Order No. 953,

[[Page 50192]]

both as amended (7 CFR part 953), regulating the handling of Irish 
potatoes grown in Southeastern states, 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.''
    USDA is issuing this rule in conformance with Executive Orders 
12866, 13563, and 13175.
    The handling of Irish potatoes grown in Southeastern states is 
regulated by 7 CFR part 953. Prior to this change, the marketing order, 
and the rules and regulations implemented thereunder, had been 
suspended until March 1, 2014. Even though the Southeastern Potato 
Committee does not function under the suspended order and regulations, 
representatives of the Virginia/North Carolina Irish potato industry 
met on December 18, 2013, and requested that the suspension of all 
provisions of the order, and the rules and regulations implemented 
thereunder, be continued through March 1, 2017. This gives the industry 
more time to consider the need for the order. Therefore, this rule 
continues in effect the rule that suspended, through March 1, 2017, the 
provisions of Federal Marketing Order No. 953 and the rules and 
regulations issued thereunder. If the industry does not petition to 
have the order reactivated by the end of the suspension period, AMS 
will propose to terminate the order.
    In an interim rule published in the Federal Register on April 1, 
2015, and effective on April 2, 2015, (80 FR 17307, Doc. No. AMS-FV-14-
0011, FV14- 953-1 IR), 7 CFR 953 was suspended through March 1, 2017.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), 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 the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 10 handlers of Irish potatoes grown in 
Southeastern states who are subject to regulation under the order and 
approximately 20 potato producers in the regulated area. Small 
agricultural service firms are defined by the Small Business 
Administration (SBA) as those having annual receipts of less than 
$7,000,000, and small agricultural producers are defined as those whose 
annual receipts are less than $750,000 (13 CFR 121.201).
    Using prices reported by AMS' Market News Service, the average 
f.o.b. price for Southeastern potatoes for the 2012-13 marketing season 
was around $25 per hundredweight. USDA has estimated production for the 
2012-13 season at approximately 600,000 hundredweight of potatoes. 
Based on this information, average annual receipts for handlers would 
be less than $7,000,000. Information provided by the National 
Agricultural Statistics Service indicates that the average producer 
price for Irish potatoes grown in North Carolina and Virginia in 2012 
was approximately $12.16 per hundredweight. Considering estimated 
production, average producer revenue would be about $400,000 for the 
2012-13 season. Therefore, the majority of Southeastern potato handlers 
and producers may be classified as small entities.
    This rule continues in effect the action that continued the 
previous suspension of the order and the associated rules and 
regulations through March 1, 2017. The continued suspension gives the 
industry more time to consider the need for the order. If the industry 
does not petition to have the order reactivated by the end of the 
suspension period, AMS will publish a proposal to terminate the order. 
Authority for this action is provided in section 8c(16)(A) of the Act.
    Suspension of the order and its corresponding regulations relieves 
handlers of quality, inspection, and assessment burdens during the 
suspension period. Also, handler reports will not be required. 
Suspension of the order is therefore expected to reduce the regulatory 
burden on handlers and growers of all sizes.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0178 Vegetable and Specialty Crops. No changes in 
those requirements as a result of this action are necessary. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large Southeastern Irish potato 
handlers. As with all Federal marketing order programs, 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 rule.
    Further, the industry's meeting was widely publicized throughout 
the Southeastern Irish potato industry and interested persons were 
invited to attend the meeting and participate in industry 
deliberations. The December 18, 2013, meeting was an open meeting and 
entities, both large and small, were able to express their views on 
this issue.
    Comments on the interim rule were required to be received on or 
before June 1, 2015. No comments were received. Therefore, for the 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0011-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (80 FR 17307, April 1, 2015) will tend to effectuate 
the declared policy of the Act.

List of Subjects in 7 CFR Part 953

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

    Accordingly, the interim rule that suspended 7 CFR part 953 and 
that was published at 80 FR 17307 on April 1, 2015, is adopted as a 
final rule, without change.

    Dated: August 13, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-20443 Filed 8-18-15; 8:45 am]
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