Irish Potatoes Grown in Washington; Modification of the Minimum Size Requirements

DEPARTMENT OF AGRICULTURE

7 CFR Part 946

[FV96-946-1FR]

Irish Potatoes Grown in Washington; Modification of the Minimum

Size Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This final rule reduces the minimum diameter requirement from

2-1/8 inches to 2 inches for Russet type varieties of Washington

potatoes shipped during the July 15 through August 31 period each

season. Potato varieties currently being grown for shipment during this

period are similar in shape to those grown for marketing during the

balance of the season. Reducing the minimum diameter recognizes this

similarity and enables handlers to market a larger portion of the crop

in fresh outlets. This change should improve the marketing of

Washington potatoes and increase returns to producers as well as

provide consumers with increased supplies of potatoes.

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT: Dennis L. West, Northwest Marketing

Field Office, Marketing Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220 SW Third Avenue, room 369,

Portland, Oregon 97204-2807; telephone: (503) 326-2724 or FAX (503)

326-7440; or Robert F. Matthews, Marketing Order Administration Branch,

Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, room 2523-S,

Washington, D.C. 20090-6456; telephone: (202) 690-0464 or FAX (202)

720-5698.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing

Agreement No. 113 and Marketing Order No. 946 (7 CFR part 946), both as

amended, regulating the handling of Irish potatoes grown in Washington,

hereinafter referred to as the ``order.'' The order is authorized by

the Agricultural Marketing Agreement Act of 1937, as amended, (7 U.S.C.

601-674), hereinafter referred to as the ``Act.'' The State of

Washington Potato Committee (Committee) is the agency responsible for

local administration of the marketing order program in the designated

production area.

The Department of Agriculture (Department) is issuing this rule in

conformance with Executive Order 12866.

This final rule has been reviewed under Executive Order 12778,

Civil Justice Reform. This rule is not intended to have retroactive

effect. This final rule will not preempt any State or local laws,

regulations, or policies, unless they present an irreconcilable

conflict with this rule.

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 handler subject to an order may file with the Secretary 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 the Secretary will 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 the Secretary's

ruling on the petition, provided an action is filed not

[[Page 31007]]

later than 20 days after the date of the entry of the ruling.

Pursuant to 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.

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. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 40 handlers of Washington potatoes that are

subject to regulation under the order and approximately 450 producers

in the regulated production area. Small agricultural service firms,

which include handlers of Washington potatoes, have been defined by the

Small Business Administration (13 CFR 121.601) as those whose annual

receipts are less than $5,000,000, and small agricultural producers are

defined as those whose annual receipts are less than $500,000. The

majority of potato handlers and producers regulated under the marketing

agreement and order may be classified as small entities.

This final rule reduces the minimum diameter requirement from 2\1/

8\ inches to 2 inches for Russet type varieties of Washington potatoes

shipped during the July 15 through August 31 period each season. This

change will enable handlers to market a larger portion of the crop in

fresh market outlets. This action is expected to improve the marketing

of Washington potatoes and increase returns to producers. Therefore,

the AMS has determined that this action will not have a significant

economic impact on a substantial number of small entities.

Section 946.52 (7 CFR 946.52) authorizes the issuance of

regulations for grade, size, quality, maturity, and pack for any

variety or varieties of potatoes grown in different portions of the

production area during any period.

Size regulations are currently in effect under section 946.336 in

terms of minimum diameter and minimum weight. All Russet types must be

2\1/8\ inches minimum diameter or 4 ounces minimum weight during the

period July 15 through August 31 each season, and 2 inches or 4 ounces

during the remainder of the season. This rule amends section 946.336 by

reducing the minimum diameter requirement for Russet type varieties

from 2\1/8\ inches to 2 inches during the July 15 through August 31

period each season. Thus, the 2 inch minimum diameter or 4 ounce

minimum weight will apply to Russet type potatoes throughout the entire

season.

At its meeting on February 15, 1996, the Committee unanimously

recommended reducing the minimum diameter requirement for Russet type

varieties to 2 inches during the period July 15 through August 31, when

early crop shipments are made.

When the current minimum diameter requirement for Russet type

varieties was established, the Norgold Russet was the primary variety

being grown for the early market, i.e., the months of July and August.

This variety is more round in shape than those varieties grown for

shipment later in the season. The newer varieties grown for the early

market, such as the Norkotah Russet, are shaped the same as the

varieties traditionally marketed later in the season. Thus, there is no

need for a larger diameter requirement for earlier varieties.

Therefore, the Committee recommended that all Russet type varieties be

subject to the same minimum diameter requirement throughout the entire

marketing season.

Reducing the minimum diameter will enable handlers to market a

larger portion of the crop in fresh market outlets. This change is

expected to improve the marketing of Washington potatoes and increase

returns to producers.

The proposed rule concerning this action was published in the April

22, 1996, Federal Register (61 FR 17587), with a 30-day comment period

ending May 22, 1996. No comments were received.

After consideration of all relevant material presented, including

the information and recommendations submitted by the Committee and

other available information, it is hereby found that this rule, as

hereinafter set forth, will tend to effectuate the declared policy of

the Act.

Pursuant to 5 U.S.C 553, it is further found that good cause exists

for not postponing the effective date of this action until 30 days

after publication in the Federal Register because: (1) This action

relaxes size requirements on handlers and must be effective on July 15,

1996, for the handlers to take full advantage of the relaxed

requirements; (2) a 30-day period for written comments was provided on

this action and no comments were received; and (3) delaying the

effective date of this action will serve no useful purpose.

List of Subjects in 7 CFR Part 946

Marketing agreements, Potatoes, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, 7 CFR part 946 is hereby

amended as follows:

PART 946--IRISH POTATOES GROWN IN WASHINGTON

1. The authority citation for 7 CFR part 946 continues to read as

follows:

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

2. Section 946.336 is amended by revising paragraph (a)(2)(ii) to

read as follows:

Sec. 946.336 Handling regulation.

* * * * *

(a) * * *

(2) * * *

(ii) All Russet types, 2 inches (54.0 mm) minimum diameter, or 4

ounces minimum weight.

* * * * *

Dated: June 13, 1996.

Sharon Bomer Lauritsen,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 96-15629 Filed 6-18-96; 8:45 am]

BILLING CODE 3410-02-P