Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations 69985 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’s ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal and could result in disclosure of 

investigative techniques, procedures, and 

evidence. 

(i) From subsection (e)(12) (Computer 

Matching) if the agency is a recipient agency 

or a source agency in a matching program 

with a non-Federal agency, with respect to 

any establishment or revision of a matching 

program, at least 30 days prior to conducting 

such program, publish in the Federal 

Register notice of such establishment or 

revision. 

(j) From subsection (g)(1) (Civil Remedies) 

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

(k) From subsection (h) (Legal Guardians) if 

the parent of any minor, or the legal guardian 

of any individual who has been declared to 

be incompetent due to physical or mental 

incapacity or age by a court of competent 

jurisdiction, is acting on behalf of the 

individual. 

Dated: October 28, 2013. 

Jonathan R. Cantor, 

Deputy Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2013–27896 Filed 11–21–13; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–13–0072; FV13–948–2 

IR] 

Irish Potatoes Grown in Colorado; 

Decreased Assessment Rate for Area 

No. 2 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule decreases the 

assessment rate established for the 

Colorado Potato Administrative 

Committee, Area No. 2 (Committee), for 

the 2013–2014 and subsequent fiscal 

periods from $0.0051 to $0.0033 per 

hundredweight of potatoes handled. 

The Committee locally administers the 

marketing order, which regulates the 

handling of Irish potatoes grown in 

Colorado. Assessments upon potato 

handlers are used by the Committee to 

fund reasonable and necessary expenses 

of the program. The fiscal period begins 

September 1 and ends August 31. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective November 23, 2013. 

Comments received by January 21, 2014, 

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 and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or internet: http://

www.regulations.gov. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be 

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: Sue 

Coleman, Marketing Specialist, or Gary 

D. 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: Sue.Coleman@

ams.usda.gov or GaryD.Olson@

ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation 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 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 Orders 

12866 and 13563. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the order now in effect, 

Colorado Area No. 2 potato handlers are 

subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate, as issued herein, will 

be applicable to all assessable potatoes 

beginning September 1, 2013, and 

continue until amended, suspended, or 

terminated. 

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 therefrom. Such 

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 decreases the assessment 

rate established for the Committee for 

the 2013–2014 and subsequent fiscal 

periods from $0.0051 to $0.0033 per 

hundredweight of potatoes. This change 

was unanimously recommended by the 

Committee at a meeting held on July 18, 

2013. 

Section 948.4 of the order divides the 

State of Colorado into three areas of 

regulation for marketing order purposes. 

These areas include: Area No. 1, 

commonly known as the Western Slope; 

Area No. 2, commonly known as San 

Luis Valley; and, Area No. 3, which 

consists of the remaining producing 

areas within the State of Colorado not 

included in the definition of Area No. 

1 or Area No. 2. Currently, the order 

only regulates the handling of potatoes 

produced in Area No. 2 and Area No. 3. 

Regulation for Area No. 1 has been 

suspended. 

Section 948.50 of the order establishes 

committees as administrative agencies 

for each of the areas set forth under 

§ 948.4. Section 948.75 establishes that 

each area committee is authorized to 

incur such expenses as the Secretary 

may find are reasonable and likely to be 

incurred during each fiscal period for its 

maintenance and functioning, and for 

purposes determined to be appropriate 

for administration of this part. Section 

948.76 requires each area committee to 

prepare and submit an estimated budget 

to the Secretary for approval and to 

recommend a rate of assessment 

sufficient to provide funds to defray its 

proposed expenditures. 


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69986 Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations 

The members of the Committee are 

producers and handlers of Colorado 

Area No. 2 potatoes. They are familiar 

with the Committee’s needs and with 

the costs of goods and services in their 

local area and are in a position to 

formulate an appropriate budget and 

assessment rate. The assessment rate is 

formulated and discussed in a public 

meeting. Thus, all directly affected 

persons have an opportunity to 

participate and provide input. 

For the 2003–2004 and subsequent 

fiscal periods, the Committee 

recommended, and USDA approved, an 

assessment rate for Colorado Area No. 2 

that would continue in effect from fiscal 

period to fiscal period unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on July 18, 2013, 

and unanimously recommended 2013– 

2014 expenditures of $55,745 and an 

assessment rate of $0.0033 per 

hundredweight of potatoes. In 

comparison, last year’s budgeted 

expenditures were $71,227 and the 

assessment rate was $0.0051 per 

hundredweight of potatoes. The 

assessment rate of $0.0033 is $0.0018 

lower than the rate currently in effect. 

The assessment rate decrease is 

necessary to reduce the funds held in 

reserve to less than approximately two 

fiscal periods’ expenses (§ 948.78). 

The major expenditures 

recommended by the Committee for the 

2013–2014 fiscal period include $49,265 

for administrative expenses, $3,393 for 

office expenses, and $3,087 for building 

maintenance expenses. Budgeted 

expenses for these items in 2012–2013 

were $59,122 for administrative 

expenses, $4,275 for office expenses, 

and $7,830 for building maintenance 

expenses, respectively. 

The assessment rate recommended by 

the Committee was derived by dividing 

anticipated expenses by expected 

shipments of Colorado Area No. 2 

potatoes. Colorado Area No. 2 potato 

shipments are estimated to be 

14,363,000 hundredweight, which 

should provide $47,397.90 in 

assessment income. Income derived 

from handler assessments and funds 

from the Committee’s authorized reserve 

will be adequate to cover budgeted 

expenses. Funds in the reserve 

(currently $120,995) will be reduced to 

comply with the maximum permitted by 

the order of approximately two fiscal 

periods’ expenses. 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate is 

effective for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2013–2014 budget and 

those for subsequent fiscal periods will 

be reviewed and, as appropriate, 

approved by USDA. 

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 

rule 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 

businesses 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 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 

(13 CFR 121.201). 

During the 2011–2012 fiscal period, 

the most recent for which statistics are 

available, 15,072,963 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 $12.60 per 

hundredweight, the Committee 

estimates that 66 Area No. 2 handlers, 

or about 83 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 the 2011 Colorado fall potato 

crop was $10.70 per hundredweight. 

Multiplying $10.70 by the shipment 

quantity of 15,072,963 hundredweight 

yields an annual crop revenue estimate 

of $161,280,704. The average annual 

fresh potato revenue for each of the 180 

Colorado Area No. 2 potato producers is 

therefore calculated to be approximately 

$896,000 ($161,280,704 divided by 180), 

which is greater than the SBA threshold 

of $750,000. Consequently, on average, 

many of the Colorado Area No. 2 potato 

producers may not be classified as small 

entities. 

This rule decreases the assessment 

rate established for the Committee, and 

collected from handlers, for the 2013– 

2014 and subsequent fiscal periods from 

$0.0051 to $0.0033 per hundredweight 

of potatoes. The Committee 

unanimously recommended 2013–2014 

expenditures of $55,745 and an 

assessment rate of $0.0033. The 

assessment rate of $0.0033 is $0.0018 

lower than the 2012–2013 rate. The 

quantity of assessable potatoes for the 

2013–2014 fiscal period is estimated at 

14,360,000 hundredweight. Thus, the 

$0.0033 rate should provide $47,388 in 

assessment income. Income derived 

from handler assessments and funds 

from the Committee’s authorized reserve 

will be adequate to cover budgeted 

expenses. 

The major expenditures 

recommended by the Committee for the 

2013–2014 year include $49,265 for 

administrative expenses, $3,393 for 

office expenses, and $3,087 for building 

maintenance expenses. Budgeted 

expenses for these items in 2012–2013 

were $59,122, $4,275, and $7,830, 

respectively. 

The lower assessment rate is 

necessary to reduce the reserve balance 

to less than approximately two fiscal 

periods’ expenses. The reserve balance 

on August 31, 2012, was $120,995. This 

amount exceeds the maximum 

authorized reserve amount of $111,490 

by $9,505. Assessment income for 2013– 

2014 is estimated at $47,397.90, while 

expenses are estimated at $55,745. The 

Committee anticipates using $8,347.10 

of their reserve fund for the 2013–2014 

fiscal period. While the reserve fund 

may exceed the maximum authorized 

level by $1,157.90, it was noted that 

there is a potential that the Committee 

may receive less assessments than 

estimated. In addition, the Committee 

expects to draw funds from the reserve 


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Federal Register / Vol. 78, No. 226 / Friday, November 22, 2013 / Rules and Regulations 69987 

in subsequent fiscal periods that would 

further reduce the balance. 

The Committee discussed alternatives 

to this action. Leaving the assessment 

rate at the current $0.0051 per 

hundredweight was initially considered, 

but not recommended because of the 

Committee’s desire to decrease the level 

of the monetary reserve so that it is not 

more than approximately two fiscal 

periods’ expenses. Lower assessment 

rates were considered, but also not 

recommended, because they would not 

generate the amount of income 

necessary to administer the program. 

The Committee ultimately determined 

that an assessment income of 

$47,397.90, generated from the $0.0033 

rate, combined with reserve funds, 

would be sufficient to meet its 2013– 

2014 expenses. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the producer price for the 2013– 

2014 season could range between $8.00 

and $15.00 per hundredweight of 

potatoes. Therefore, the estimated 

assessment revenue for the 2013–2014 

fiscal period, as a percentage of total 

producer revenue, could range between 

0.02 and 0.04 percent. 

This action decreases the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers and may reduce 

the burden on producers. In addition, 

the Committee’s meeting was widely 

publicized throughout the Colorado 

Area No. 2 potato industry, and all 

interested persons were invited to 

attend and participate in the 

Committee’s deliberations. Like all 

Committee meetings, the July 18, 2013, 

meeting was a public meeting 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 regulatory and 

informational impacts of this action on 

small businesses. 

In accordance with the Paperwork 

Reduction Act of 1995, (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements were 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 action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Colorado Area 

No. 2 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. 

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 citizens to 

access Government information and 

services, and for other purposes. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this action. 

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/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this action, 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) The 2013–2014 fiscal 

period began on September 1, 2013, and 

the marketing order requires that the 

rate of assessment for each fiscal period 

apply to all assessable potatoes handled 

during such fiscal period; (2) this action 

decreases the assessment rate for 

assessable potatoes beginning with the 

2013–2014 fiscal period; (3) handlers 

are aware of this action which was 

unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years; and (4) this interim 

rule provides a 60-day comment period, 

and all comments timely 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. Section 948.216 is revised to read 

as follows: 

§ 948.216 Assessment rate. 

On and after September 1, 2013, an 

assessment rate of $0.0033 per 

hundredweight is established for 

Colorado Area No. 2 potatoes. 

Dated: November 18, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–28102 Filed 11–21–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0556; Directorate 

Identifier 2007–SW–30–AD; Amendment 

39–17662; AD 2013–23–07] 

RIN 2120–AA64 

Airworthiness Directives; Erickson AirCrane Incorporated Helicopters (Type 

Certificate Previously Held by Sikorsky 

Aircraft Corporation) 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding 

airworthiness directive (AD) 90–26–12 

for Sikorsky Aircraft Corporation 

(Sikorsky) Model S–64E helicopters. AD 

90–26–12 required checks of the main 

rotor blades for a crack. This new AD 

retains the actions required by AD 90– 

26–12, reflects that the type certificate 

(TC) for this model helicopter has been 

transferred to Erickson Air-Crane 

Incorporated (Erickson), and expands 

the applicability to include the similar 

Erickson Model S–64F helicopters. This 

AD is prompted by a need to expand the 

applicability to include Model S–64F 

helicopters and clarify the applicable 

main rotor blades by part number. These 

actions are intended to detect a crack in 

the main rotor blade and prevent blade 

separation and subsequent loss of 

control of the helicopter. 

DATES: This AD is effective December 

27, 2013. 


ehiers on DSK2VPTVN1PROD with RULES