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

DEPARTMENT OF AGRICULTURE

7 CFR Part 946

[FV96-946-1PR]

Irish Potatoes Grown in Washington; Modification of the Minimum

Size Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule with request for comments.

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SUMMARY: This proposed rule would reduce 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 would

recognize this similarity and enable handlers to market a larger

portion of their crop in fresh outlets. This change would improve the

marketing of Washington potatoes and increase returns to producers as

well as provide consumers with increased supplies of potatoes.

DATES: Comments which are received by May 22, 1996 will be considered

prior to the issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments

concerning this action. Comments must be sent in triplicate to the

Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2523, South

Building, PO Box 96456, Washington, DC 20090-6456; FAX: (202) 720-5698.

All comments should reference the docket number and the date and

page number of this issue of the Federal Register and will be made

available for public inspection in the Office of the Docket Clerk

during regular business hours.

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, PO Box 96456, room 2523-S,

Washington, DC 20090-6456; telephone: (202) 690-0464 or FAX (202) 720-

5698.

SUPPLEMENTARY INFORMATION: This proposed 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 proposed rule has been reviewed under Executive Order 12778,

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

effect. This proposed rule would 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

[[Page 17588]]

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 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 in equity to review the Secretary's ruling

on the petition, provided a bill in equity is filed not 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 Administrator of 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 would

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.

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 would 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 would 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.

Based on available information, the Administrator of the AMS has

determined that this action would not have a significant economic

impact on a substantial number of small entities.

A 30-day comment period is provided to allow interested persons to

respond to this proposal. All written comments timely received will be

considered before a final determination is made on this matter.

List of Subjects in 7 CFR Part 946

Marketing agreements, Potatoes, Reporting and recordkeeping

requirements.

For the reasons set forth in the preamble, it is proposed that 7

CFR part 946 be 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: April 16, 1996.

Eric M. Forman,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 96-9832 Filed 4-19-96; 8:45 am]

BILLING CODE 3410-02-P