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Rules and Regulations Federal Register

23829 

Vol. 78, No. 78 

Tuesday, April 23, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–12–0043; FV12–948–1 

FIR] 

Irish Potatoes Grown in Colorado; 

Modification of the Handling 

Regulation for Area No. 2 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that modified the grade 

requirements for potatoes handled 

under the Colorado potato marketing 

order, Area No. 2. The interim rule 

relaxed the minimum grade requirement 

for size B and 1-inch to 13⁄4-inch 

diameter round, red-skinned potatoes 

handled under the marketing order from 

U.S. No. 1 to U.S. Commercial. This 

change is expected to facilitate the 

handling and marketing of the Area No. 

2 potato crop, provide producers and 

handlers with increased returns, and 

supply consumers with increased potato 

purchasing options. 

DATES: Effective April 24, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent, Senior Marketing 

Specialist, or Gary Olson, Regional 

Director, Northwest Marketing Field 

Office, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (503) 326– 

2724, Fax: (503) 326–7440, or Email: 

Barry.Broadbent@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order 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: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is 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, 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. 

The handling of Irish potatoes grown 

in Colorado is regulated by 7 CFR part 

948. Prior to this action, the minimum 

grade requirement for size B and 1-inch 

to 13⁄4-inch diameter round, red-skinned 

potatoes handled under the Colorado 

potato marketing order was U.S. No. 1. 

Under such grade requirements, 

industry participants were not able to 

pursue the emerging market for smaller 

diameter round, red-skinned U.S. 

Commercial grade potatoes sold in 

consumer packs and included in certain 

value added potato products. Relaxing 

the minimum grade requirement for 

such potatoes allows area handlers to 

pursue this new market category. 

Therefore, this rule continues in effect 

the rule that relaxed the minimum grade 

requirement for size B and 1-inch to 

13⁄4-inch diameter round, red-skinned 

potatoes handled under the order from 

U.S. No. 1 to U.S. Commercial. 

In an interim rule published in the 

Federal Register on January 2, 2013, 

and effective on January 3, 2013 (78 FR 

3, Doc. No. AMS–FV–12–0043, FV12– 

948–1 IR), § 948.386 was amended by 

relaxing the minimum grade 

requirement for size B and 1-inch to 

13⁄4-inch diameter round, red-skinned 

potatoes handled under the marketing 

order from U.S. No. 1 to U.S. 

Commercial. 

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 80 handlers 

of Colorado Area No. 2 potatoes subject 

to regulation under the order and 

approximately 180 producers in the 

regulated production area. Small 

agricultural service firms are defined by 

the Small Business Administration (13 

CFR 121.201) as those having annual 

receipts of less than $7,000,000, and 

small agricultural producers are defined 

as those having annual receipts of less 

than $750,000. 

During the 2010–2011 marketing year, 

the most recent full marketing year for 

which statistics are available, 

15,583,512 hundredweight of Colorado 

Area No. 2 potatoes were inspected 

under the order and sold into the fresh 

market. Based on an estimated average 

f.o.b. price of $12.75 per 

hundredweight, the Committee 

estimates that 71 Area No. 2 handlers, 

or about 89 percent, had annual receipts 

of less than $7,000,000. In view of the 

foregoing, the majority of Colorado Area 

No. 2 potato handlers may be classified 

as small entities. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for Colorado fall potatoes for 

2010–2011 was $9.37 per 

hundredweight. The average annual 

fresh potato revenue for each of the 180 

Colorado Area No. 2 potato producers is 

therefore calculated to be approximately 

$811,208. Consequently, on average, 

many of the Area No. 2 Colorado potato 

producers may not be classified as small 

entities. 

This rule continues in effect the 

action that relaxed the minimum grade 

requirement for size B and 1-inch to 

13⁄4-inch diameter round, red-skinned 

potato varieties from U.S. No. 1 grade to 


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23830 Federal Register / Vol. 78, No. 78 / Tuesday, April 23, 2013 / Rules and Regulations 

U.S. Commercial. This change provides 

greater flexibility to handlers in the 

marketing of the Colorado potato crop. 

Authority for this action is contained in 

§§ 948.21 and 948.22. 

This relaxation is expected to benefit 

the producers, handlers, and consumers 

of Colorado potatoes by allowing a 

greater quantity of fresh potatoes from 

the production area to enter the market. 

This anticipated increase in volume is 

expected to translate into greater returns 

for handlers and producers, and more 

purchasing options for consumers. 

This action is not expected to increase 

costs associated with the order 

requirements. Rather, this action makes 

additional product available to the 

market and has the potential to increase 

industry returns. The opportunities and 

benefits that may result from this rule 

are equally available to all Colorado 

potato handlers and producers, 

regardless of their size. 

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 (Generic 

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 

grapefruit 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 Committee’s meeting was 

widely publicized throughout the 

Colorado potato industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the July 19, 2012, 

meeting was a public meeting and all 

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 

March 4, 2013. 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-12-0043- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, 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 (78 FR 3, January 2, 2013) will 

tend to effectuate the declared policy of 

the Act. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

Accordingly, the interim rule that 

amended 7 CFR part 948 and was 

published at 78 FR 3 on January 2, 2013, 

is adopted as a final rule, without 

change. 

Dated: April 17, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09472 Filed 4–22–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

Docket No. FAA–2012–1131; Directorate 

Identifier 2012–NE–34–AD; Amendment 39– 

17440; AD 2013–08–22] 

RIN 2120–AA64 

Airworthiness Directives; Turbomeca 

S.A. Turboshaft Engines 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for certain 

Turbomeca S.A. Arriel 1A1, 1A2, 1B, 

1C, 1C1, 1C2, 1D, 1D1, 1E2, 1K1, 1S, 

and 1S1 turboshaft engines. This AD 

requires daily post-flight checks of the 

engine tachometer’s unit cycle-counting 

feature. This AD also requires groundrun functional checks within every 

1,000 operating hours. This AD was 

prompted by detailed analysis and 

review of the accuracy of the engine’s 

tachometer cycle-counting feature. We 

are issuing this AD to prevent 

uncontained engine failure and damage 

to the helicopter. 

DATES: This AD becomes effective May 

28, 2013. 

ADDRESSES: The Docket Operations 

office is located at Docket Management 

Facility, U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE., West Building Ground 

Floor, Room W12–140, Washington, DC 

20590–0001. 

FOR FURTHER INFORMATION CONTACT: 

Sanjana Murthy, Aerospace Engineer, 

Engine Certification Office, FAA, Engine 

& Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

phone: 781–238–7750; fax: 781–238– 

7199; email: sanjana.murthy@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to include an AD that would 

apply to the specified products. That 

NPRM was published in the Federal 

Register on December 11, 2012 (77 FR 

73557). That NPRM proposed to correct 

an unsafe condition for the specified 

products. The mandatory continuing 

airworthiness information (MCAI) 

states: 

Following detailed analysis and review of 

in-service feedback performed by Turbomeca 

on the Arriel 1 engines, the chapter 05–10 

Airworthiness Limitation Section (ALS) of 

Arriel 1 Maintenance Manuals has been 

updated in order to clarify the definition and 

update the requirements relative to the cycle 

counting aid system (modification 

introduced in production by Turbomeca 

modification TU207 or TU243 and in-service, 

respectively, by Turbomeca Service Bulletin 

(SB) 292 80 0190 or SB 292 80 0168), add 

associated maintenance tasks, and modify the 

Power Turbine (PT) partial cycle counting 

method. 

The SBs referenced above introduced 

the tachometer. The tachometer’s cyclecounting feature, in some instances, 

produced results inconsistent with 

ground run checks. The inaccurate 

cycle-counting results of the tachometer 

can lead to exceeding life limits on 

critical rotating parts, which can cause 

uncontained engine failure and damage 

to the helicopter. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. We 

received no comments on the NPRM (77 

FR 73557, December 11, 2012). 

Actions Since We Issued the Proposed 

Rule 

Since we issued the NPRM (77 FR 

73557, December 11, 2012), the 

European Aviation Safety Agency 

(EASA) issued revised MCAI (EASA AD 

2012–0187R2, dated December 6, 2012), 

which states that for affected engines 

that have a tachometer installed, but the 


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