17034 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 

PART 944—FRUITS; IMPORT 

REQUIREMENTS 

■ 3. Amend § 944.503 by removing 

‘‘during the period April 10 through July 

10, 2009,’’ from the fourth sentence in 

paragraph (a)(1). 

Dated: March 26, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–7563 Filed 4–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–08–0115; FV09–948–2 

IFR] 

Irish Potatoes Grown in Colorado; 

Relaxation of the Handling Regulation 

for Area No. 3 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule relaxes the size 

requirement prescribed under the 

Colorado potato marketing order. The 

marketing order regulates the handling 

of Irish potatoes grown in Colorado, and 

is administered locally by the Colorado 

Potato Administrative Committee for 

Area No. 3 (Committee). This rule 

provides for the handling of all varieties 

of potatoes with a minimum diameter of 

3⁄4 inch, if the potatoes otherwise meet 

U.S. No. 1 grade. This change is 

intended to provide potato handlers 

with greater marketing flexibility, 

producers with increased returns, and 

consumers with a greater supply of 

potatoes. 

DATES: Effective April 6, 2010; 

comments received by June 4, 2010 will 

be considered prior to issuance of a final 

rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must 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; or Internet: http:// 

www.regulations.gov. All comments 

should reference the document 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, or can be viewed 

at: http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or E-mail: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, 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: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 97 and Order No. 948, both as 

amended (7 CFR part 948), regulating 

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 Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This 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 

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 there from. 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. 

This rule relaxes the size requirement 

for all varieties of Colorado Area No. 3 

potatoes by allowing the handling of 

potatoes with a minimum diameter of 3⁄4

inch, if the potatoes otherwise meet U.S. 

No. 1 grade. This change is intended to 

provide potato handlers with greater 

marketing flexibility, producers with 

increased returns, and consumers with 

a greater supply of potatoes. 

Section 948.22 authorizes the 

issuance of grade, size, quality, 

maturity, pack, and container 

regulations for potatoes grown in the 

production area. Section 948.21 further 

authorizes the modification, suspension, 

or termination of requirements issued 

pursuant to § 948.22. 

Section 948.40 provides that 

whenever the handling of potatoes is 

regulated pursuant to §§ 948.20 through 

948.24, such potatoes must be inspected 

by the Federal-State Inspection Service, 

and certified as meeting the applicable 

requirements of such regulations. 

Under the order, the State of Colorado 

is divided into three separate regulatory 

areas for marketing order purposes. Area 

No. 1, commonly known as the Western 

Slope, includes and consists of the 

counties of Routt, Eagle, Pitkin, 

Gunnison, Hinsdale, La Plata, and all 

counties west thereof; Area No. 2, 

commonly known as the San Luis 

Valley, includes and consists of the 

counties of Saguache, Huerfano, Las 

Animas, Mineral, Archuleta, and all 

counties south thereof; and Area No. 3 

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 

currently regulates the handling of 

potatoes grown in Areas No. 2 and No. 

3 only; regulation for Area No. 1 is 

currently not active. 

Grade, size, and maturity regulations 

specific to the handling of Colorado 

potatoes grown in Area No. 3 are 

contained in § 948.387 of the order’s 

administrative rules and regulations. 

The Committee met on June 4, 2009, 

and again on November 17, 2009, to 

discuss decreasing the minimum size 

requirement for certain potatoes. As a 

consequence of these deliberations, the 

Committee unanimously recommended 

on November 17 that § 948.387(a) of the 

order’s handling regulation be revised to 

provide for the handling of all varieties 

of potatoes with a minimum diameter of 

3⁄4 inch, if the potatoes otherwise meet 

U.S. No. 1 grade requirements (a potato 

meeting all the requirements of a U.S. 

No. 1 grade potato as defined in the U.S. 

Standards for Grades of Potatoes would 

have a minimum size of 17⁄8 inches). 

This recommendation provides for the 

handling of potatoes within both the 


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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 17035 

Creamer size category (3⁄4 inch to 15⁄8

inch diameter) and the Size B category 

(11⁄2 inch to 21⁄4 inch diameter), as well 

as the handling of small potato packs 

that may fall outside these categories. 

Prior to the effective date of this action, 

the handling regulation provided that 

Area No. 3 potatoes could not be 

handled unless U.S. No. 2 grade or 

better, 17⁄8 inches minimum diameter or 

4 ounces minimum weight, and Size B 

potatoes if U.S. No. 1 grade or better. 

The Committee believes that in recent 

years consumer demand has been 

increasing for smaller potatoes which 

often command premium prices. The 

market for these smaller potatoes is 

currently being supplied by potato 

production areas outside Colorado Area 

No. 3. Having the ability to handle 

smaller potatoes enables the Colorado 

Area No. 3 potato industry to market a 

larger portion of its crop while 

satisfying consumer demand for smaller 

potatoes. This size relaxation is also 

expected to increase returns to 

producers. 

The Committee believes that quality 

assurance is important to the industry 

and to consumers. Providing consistent, 

high quality potatoes is necessary to 

maintain consumer confidence. The 

Committee also believes that relaxing 

the size requirement for all varieties of 

U.S. No. 1 potatoes will preserve their 

commitment to quality while allowing 

the industry to respond to changing 

consumer preferences. 

Initial 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 initial 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. 

Based on Committee data, there are 

nine producers (eight of whom are also 

handlers) in the regulated area and nine 

handlers (eight of whom are also 

producers) subject to regulation under 

the order. Small agricultural producers 

are defined by the Small Business 

Administration (13 CFR 121.201) as 

those having annual receipts of less than 

$750,000, and small agricultural service 

firms are defined as those having annual 

receipts of less than $7,000,000. 

According to the Committee, 825,617 

hundredweight of Colorado Area No. 3 

potatoes were produced for the fresh 

market during the 2007 season. Based 

on National Agricultural Statistics 

Service (NASS) data, the average 

producer price for Colorado summer 

potatoes for 2007 was $7.75 per 

hundredweight. The average annual 

producer revenue for the nine Colorado 

Area No. 3 potato producers is therefore 

calculated to be approximately 

$710,948. Using Committee data 

regarding each individual handler’s 

total shipments during the 2007–2008 

fiscal period and a Committee estimated 

average f.o.b. price for 2007 of $9.95 per 

hundredweight ($7.75 per 

hundredweight plus estimated packing 

and handling costs of $2.20 per 

hundredweight), none of the Colorado 

Area No. 3 potato handlers ship over 

$7,000,000 worth of potatoes. Thus, the 

majority of handlers and producers of 

Colorado Area No. 3 potatoes may be 

classified as small entities. 

This rule provides for the handling of 

all varieties of potatoes with a minimum 

diameter of 3⁄4 inch, if the potatoes 

otherwise meet the requirements of U.S. 

No. 1 grade. This change enables 

handlers to respond to consumer 

demand for small potatoes. 

The authority for regulating grade and 

size is provided in § 948.22 of the order. 

Section 948.387(a) of the order’s 

administrative rules and regulations 

prescribes the actual size requirements. 

This rule is expected to have a 

beneficial impact on handlers and 

producers due to the increased volume 

of potatoes into the fresh market. There 

should be no extra cost to producers or 

handlers because current harvesting and 

handling methods can accommodate the 

sorting of these smaller potatoes. The 

size relaxation will result in a greater 

quantity of potatoes meeting the 

minimum requirements of the handling 

regulation. The Committee believes that 

this relaxation should translate into 

increased sales thus greater returns for 

handlers and producers. 

Neither NASS nor the Committee 

compiles statistics relating to the 

production of potatoes measuring much 

less than 17⁄8 inches in diameter. The 

Committee has relied on information 

provided by producers and handlers 

familiar with the small potato market for 

its recommendation. 

As small potatoes have grown in 

popularity with consumers, the market 

demand has outpaced the quantity of 

small, high quality potatoes available 

from Colorado. The Committee believes 

that this regulatory relaxation will 

increase the available supply of small 

potatoes. The Committee also believes 

that these smaller potatoes will not 

compete directly with the market for 

larger fresh market potatoes and that 

this action will not adversely affect the 

overall Colorado potato market. 

By providing Colorado Area No. 3 

handlers the flexibility to pack smaller 

potatoes, the Committee believes the 

industry will remain competitive in the 

marketplace. The small potato market is 

a premium market and this action is 

expected to further increase sales of 

Colorado potatoes to benefit the 

Colorado potato industry. The benefits 

of this rule are not expected to be 

disproportionately greater or lesser for 

small entities than for large entities. 

The Committee discussed alternatives 

to this recommendation, including not 

changing the minimum size 

requirement. Another alternative 

discussed was to use the term ‘‘Creamer’’ 

which is defined in the U.S. Standards 

for Grades of Potatoes as potatoes 

measuring from 3⁄4 inches in diameter to 

15⁄8 inches in diameter. However, by not 

using either the terms ‘‘Creamer’’ and 

‘‘Size B’’, or the resultant upper and 

lower size designations, the Committee 

intends handlers to have greater 

flexibility in marketing fresh potatoes. 

The Committee believes that this rule 

will benefit the industry by augmenting 

the developing market for small 

potatoes and enhancing returns to 

producers. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

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. 

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. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Colorado potato industry and all 

interested persons were invited to 

participate in Committee deliberations. 

Like all Committee meetings, the June 4 

and November 17, 2009, meetings were 

public meetings and all entities, both 

large and small, were able to express 

views on this issue. Finally, interested 

persons are invited to submit comments 

on this interim rule, including the 


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17036 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 

regulatory and informational impacts of 

this action on small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.

do?template=TemplateN&page=

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Antoinette 

Carter at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

This rule invites comments on a 

relaxation of the size requirement 

prescribed under the Colorado potato 

marketing order. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that this 

interim rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined upon good cause 

that it is impracticable, unnecessary, 

and contrary to the public interest to 

give preliminary notice prior to putting 

this rule into effect and that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) Any changes resulting from 

this rule should be effective as soon as 

practicable because the Colorado Area 

No. 3 potato shipping season began in 

July; (2) the Committee discussed and 

unanimously recommended these 

changes at public meetings and all 

interested parties had an opportunity to 

provide input; (3) handlers are aware of 

this action and want to take advantage 

of this relaxation as soon as possible; 

and (4) this rule provides a 60-day 

comment period and any comments 

received will be considered prior to 

finalization of this rule. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 948 is amended as 

follows: 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ 1. The authority citation for 7 CFR 

part 948 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 948.387, paragraph (a) is 

revised to read as follows: 

§ 948.387 Handling regulation. 

* * * * * 

(a) Grade and size requirements—All 

varieties. 

U.S. No. 2 or better grade, 17⁄8 inches 

minimum diameter or 4 ounces 

minimum weight: Provided That the 

minimum size may be 3⁄4 inch in 

diameter, if the potatoes otherwise meet 

U.S. No. 1 grade. 

* * * * * 

Dated: March 26, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–7564 Filed 4–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 431 

[Docket Number EERE–2007–BT–STD– 

0007] 

RIN 1904–AB70 

Energy Conservation Program: Energy 

Conservation Standards for Small 

Electric Motors; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical correction. 

SUMMARY: This document contains a 

technical correction to the final rule 

regarding the energy conservation 

standards for small electric motors, 

which was published on March 9, 2010. 

In that final rule, the U.S. Department 

of Energy (DOE) adopted regulations to 

establish energy conservation standards 

for small electric motors. Due to a 

drafting error, an incorrect compliance 

date for this equipment was 

inadvertently inserted into the 

regulation. This correction notice 

addresses the error. 

DATES: This technical correction is 

effective April 8, 2010. 

FOR FURTHER INFORMATION CONTACT: 

James Raba, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–2J, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0121, (202) 

586–8654. E-mail: 

Jim.Raba@ee.doe.gov. 

Michael Kido, U.S. Department of 

Energy, Office of the General Counsel, 

GC–72, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121, 

(202) 586–9507. E-mail: 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On March 9, 2010, the DOE’s Office 

of Energy Efficiency and Renewable 

Energy published a final rule titled 

‘‘Energy Conservation Standards for 

Small Electric Motors.’’ 75 FR 10874. 

Since the publication of that rule, it has 

come to DOE’s attention that, due to a 

technical oversight, a certain part of the 

final regulations inadvertently applied 

an incorrect date by which 

manufacturers would need to comply 

with the standards established by that 

rule. That section of the regulations, 

section 431.446(a) of Title 10 of the 

Code of Federal Regulations (10 CFR), 

Part 431, provides a date of February 28, 

2015. 75 FR 10947. Instead, that date 

should be March 9, 2015, which is 60 

months from the date of the final rule’s 

publication in the Federal Register, and 

in the case of a small electric motor that 

requires listing or certification by a 

nationally recognized safety testing 

laboratory, March 9, 2017, 84 months 

after such date. Both of these dates are 

specified compliance dates for small 

electric motor standards under the 

Energy Policy and Conservation Act of 

1975, as amended (EPCA). See 42 U.S.C. 

6317(b)(3). 

II. Need for Correction 

As published, the final regulation 

contains an erroneous date that this 

document corrects. In light of the 

statutory requirement, the considerable 

amount of time before the compliance 

date and, in the case of the 2015 date, 

the small difference in the number of 

days at issue, the change addressed by 

today’s document is technical in nature. 

Because these dates are specified by 

EPCA, DOE does not have the discretion 

to deviate from these statutorilyprescribed requirements. As such, DOE 

finds that there is good cause under 5 

U.S.C. 553(b)(B) and that the issuance of 

a separate notice to solicit public 

comment on the changes contained in 

this notice is unnecessary. In FR Doc. 

2010–4358, appearing in the document 

beginning on page 10947 in the Federal 

Register of Tuesday, March 9, 2010, the 

following correction is made: 

§ 431.446 [Corrected] 

■ 1. On page 10947, in the third column, 

under § 431.446, introductory paragraph 

(a) is corrected to read as follows: 

§ 431.446 Small electric motors energy 

conservation standards and their effective 

dates. 

(a) Each small electric motor 

manufactured (alone or as a component 

of another piece of non-covered 

equipment) after March 9, 2015, or in 

the case of a small electric motor which 


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