Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 24997 

APHIS expects any impacts of the rule 

for these businesses to be minor. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This final rule allows cape gooseberry 

to be imported into the United States 

from Colombia. State and local laws and 

regulations regarding cape gooseberry 

imported under this rule will be 

preempted while the fruit is in foreign 

commerce. Fresh fruits are generally 

imported for immediate distribution and 

sale to the consuming public and would 

remain in foreign commerce until sold 

to the ultimate consumer. The question 

of when foreign commerce ceases in 

other cases must be addressed on a caseby-case basis. No retroactive effect will 

be given to this rule, and this rule will 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this final rule, 

which were filed under 0579–0411, 

have been submitted for approval to the 

Office of Management and Budget 

(OMB). When OMB notifies us of its 

decision, if approval is denied, we will 

publish a document in the Federal 

Register providing notice of what action 

we plan to take. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance 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. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we are amending 7 CFR 

part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. Section 319.56–67 is added to read 

as follows: 

§ 319.56–67 Cape gooseberry from 

Colombia. 

Cape gooseberry (Physalis peruviana) 

may be imported into the United States 

from Colombia in accordance with the 

conditions described in this section. 

These conditions are designed to 

prevent the introduction of Ceratitis 

capitata. 

(a) Workplan. The national plant 

protection organization (NPPO) of 

Colombia must provide a bilateral 

workplan to APHIS that details the 

activities that the NPPO will, subject to 

APHIS’ approval, carry out to meet the 

requirements of this section. APHIS will 

be directly involved with the NPPO in 

the monitoring and auditing 

implementation of the systems 

approach. 

(b) Places of production. (1) All places 

of production must be registered with 

the NPPO of Colombia. 

(2) All places of production must be 

located within the C. capitata low 

prevalence area of the Bogota Savannah 

and the neighboring municipalities 

above 2,200 meters in the Departments 

of Boyaca ́ and Cundinamarca. 

(c) Mitigation measures for C. 

capitata. (1) Trapping for C. capitata 

must be conducted in the places of 

production in accordance with the 

bilateral workplan to demonstrate that 

those places are free of C. capitata. 

Specific trapping requirements must be 

included in the bilateral workplan. The 

NPPO of Colombia must keep records of 

fruit fly detections for each trap and 

make the records available to APHIS 

upon request. 

(2) All fruit flies trapped must be 

reported to APHIS immediately. Capture 

of C. capitata will result in immediate 

cancellation of exports from farms 

within 5 square kilometers of the 

detection site. An additional 50 traps 

must be placed in the 5 square kilometer 

area surrounding the detection site. If a 

second detection is made within the 

detection areas within 30 days of a 

previous capture, eradication using a 

bait spray agreed upon by APHIS and 

the NPPO of Colombia must be initiated 

in the detection area. Treatment must 

continue for at least 2 months. Exports 

may resume from the detection area 

when APHIS and the NPPO of Colombia 

agree the risk has been mitigated. 

(d) Post-harvest procedures. The cape 

gooseberry must be packed in boxes 

marked with the identity of the 

originating farm. The boxes must be 

packed in sealed and closed containers 

before being shipped. 

(e) Phytosanitary inspection. After 

packing, the NPPO of Colombia must 

visually inspect a biometric sample of 

cape gooseberry at a rate jointly 

approved by APHIS and the NPPO of 

Colombia, and cut open the sampled 

fruit to detect C. capitata. 

(f) Commercial consignments. The 

cape gooseberry must be imported in 

commercial consignments only. 

(g) Phytosanitary certificate. Each 

consignment of cape gooseberry must be 

accompanied by a phytosanitary 

certificate issued by the NPPO of 

Colombia containing an additional 

declaration stating that the fruit 

originated from a place of production 

free of C. capitata within the low 

prevalence area of Bogota Savannah and 

the neighboring municipalities above 

2,200 meters of elevation in the 

Departments of Boyaca ́ and 

Cundinamarca and was produced in 

accordance with the requirements of 

§ 319.56–67. 

(Approved by the Office of Management 

and Budget under control number 0579– 

0411) 

Done in Washington, DC, this 28th day of 

April 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–10039 Filed 5–1–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–13–0067; FV13–946–2 

FIR] 

Irish Potatoes Grown in Washington; 

Temporary Change to the Handling 

Regulations and Reporting 

Requirements for Yellow Fleshed and 

White Types of Potatoes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as a 

final rule. 

SUMMARY: The Department of 

Agriculture is adopting, as a final rule, 

without change, an interim rule that 

temporarily exempted yellow fleshed 


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24998 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 

and white types of potatoes from 

minimum quality, maturity, pack, 

marking, and inspection requirements 

under the Washington potato marketing 

order through June 30, 2014. The 

interim rule also modified an existing 

report to require handlers of yellow 

fleshed and white types of potatoes to 

report information necessary to 

administer the order during the period 

that such potatoes are exempt from 

handling requirements. This change is 

expected to reduce overall industry 

expenses and increase net returns to 

producers and handlers while giving the 

industry the opportunity to explore 

alternative marketing strategies. 

DATES: Effective May 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson, 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: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

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 Order No. 

946, as amended (7 CFR part 946), 

regulating the handling of Irish potatoes 

grown in Washington, 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, 13563, and 13175. 

The handling of Irish potatoes grown 

in Washington is regulated by 7 CFR 

part 946. Prior to this change, yellow 

fleshed and white types of potatoes 

were subject to the requirements 

contained in the order’s handling 

regulations (§ 946.336). The Washington 

potato industry was concerned that the 

cost of mandatory inspections for those 

types of potatoes, which has increased, 

may outweigh the benefits of having the 

quality regulations in place. By 

exempting yellow fleshed and white 

types of potatoes from handling 

regulations, the industry expects to 

reduce overall expenses and provide the 

handlers the opportunity to explore 

alternative marketing strategies. 

Therefore, this rule continues in effect 

the interim rule that temporarily 

exempted yellow fleshed and white 

types of potatoes from the order’s 

handling regulations through June 30, 

2014. The interim rule also modified the 

order’s reporting requirements to 

require reports from handlers of yellow 

fleshed and white types of potatoes 

through June 30, 2014. Assessments on 

all fresh yellow fleshed and white types 

of potatoes handled under the order will 

remain in effect during the temporary 

exemption. 

In an interim rule published in the 

Federal Register on October 23, 2013 

(78 FR 62967, Doc. No. FV–13–0067, 

FV13–946–2 IR), § 946.336 was changed 

to exempt yellow fleshed and white 

types of potatoes from handling 

requirements through June 30, 2014, 

and § 946.143 was modified to require 

that each person handling yellow 

fleshed and white types of potatoes 

submit a monthly report to the 

Committee during the exemption 

period. 

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 

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 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 43 handlers of Washington 

potatoes subject to regulation under the 

order and approximately 267 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) 

For the 2011–2012 marketing year, the 

Committee reports that 11,018,670 

hundredweight of Washington potatoes 

were shipped into the fresh market. 

Based on average f.o.b. prices estimated 

by the USDA’s Economic Research 

Service and Committee data on 

individual handler shipments, the 

Committee estimates that 42, or 

approximately 98 percent of the 

handlers, had annual receipts of less 

than $7,000,000. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for Washington potatoes for 2011– 

2012 was $7.90 per hundredweight. The 

average gross annual revenue for the 267 

Washington potato producers is 

therefore calculated to be approximately 

$326,021. In view of the foregoing, the 

majority of Washington potato handlers 

and producers may be classified as 

small entities. 

This rule continues in effect the 

action that exempted yellow fleshed and 

white types of potatoes from the 

minimum quality, maturity, pack, 

marking, and inspection requirements 

under the order’s handling regulations 

through June 30, 2014. This rule also 

continues in effect the interim rule that 

modified the order’s reporting 

requirements to require reports from 

handlers of yellow fleshed and white 

types of potatoes during the exemption 

period. This change is expected to 

reduce overall industry expenses and 

provide the industry with the 

opportunity to explore alternative 

marketing strategies. This rule modifies 

§§ 946.143 and 946.336. Authority for 

the change in the order’s rules and 

regulations is provided in § 946.52 of 

the order, while authority for reports 

and records is provided in § 946.70. 

It is not anticipated that this rule will 

negatively impact small businesses. 

This rule temporarily exempts yellow 

fleshed and white types of potatoes from 

the minimum quality, maturity, pack, 

marking, and inspection requirements 

contained in the order’s handling 

regulations. While inspections are not 

mandatory for such potatoes during the 

exemption period, handlers may choose 

to voluntarily have their potatoes 

inspected. Handlers are thus able to 

control costs based on the demands of 

their customers. The opportunities and 

benefits of this rule are equally available 

to all Washington 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. 

This rule requires the submission of a 

monthly handler report for fresh yellow 


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Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 24999 

fleshed and white types potatoes 

handled during the exemption period. 

This rule modified the Russet Fresh 

Potato Report established for russet type 

potatoes to include yellow fleshed and 

white types of potatoes during the 

period those types of potatoes are 

exempted from regulation. The modified 

Self-Reporting Potato Form will provide 

the Committee with information 

necessary to track shipments and collect 

assessments. AMS has submitted the 

modified form and a Justification of 

Change to OMB for approval. 

While this rule requires a reporting 

requirement for yellow fleshed and 

white types of potatoes, their exemption 

from handling regulations also 

eliminates, for the exemption period, 

the more frequent reporting 

requirements imposed under the order’s 

special purpose shipment exemptions 

(§ 946.336(d) and (e)). Under these 

paragraphs, handlers are required to 

provide detailed reports whenever they 

divert regulated potatoes for livestock 

feed, charity, seed, prepeeling, 

processing, grading and storing in 

specified counties in Oregon, and 

experimentation. 

Therefore, any additional reporting or 

recordkeeping requirements on either 

small or large handlers of yellow fleshed 

and white types of potatoes are expected 

to be offset by the elimination of the 

other reporting requirements currently 

in effect. In addition, the temporary 

exemption from handling regulations 

and inspection requirements for yellow 

fleshed and white types of potatoes is 

expected to reduce industry expenses. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule. 

The Committee’s meetings were 

widely publicized throughout the 

Washington potato industry and all 

interested persons were invited to 

participate in Committee deliberations. 

All Committee meetings where this 

action was discussed were public 

meetings. All entities, both large and 

small, were able to express views on 

this issue. 

Comments on the interim rule were 

required to be received on or before 

December 23, 2013. Three comments 

were received in response to the interim 

rule. 

One comment supported exemption 

of yellow fleshed and white types of 

potatoes and urged similar action for red 

types of potatoes. An interim rule was 

published in the Federal Register on 

February 12, 2014, (79 FR 8253) 

exempting red types of potatoes from 

the order’s handling regulations. 

A second comment raised concerns 

regarding the exemption of yellow 

fleshed and white types of potatoes with 

respect to Idaho State code and the sale 

of such potatoes in Idaho. Idaho State 

officials should be consulted regarding 

the application of state requirements, as 

applicable and as is appropriate. 

The third comment was received from 

the Committee staff. The comment 

stated that on December 10, 2013, the 

Committee met to discuss the temporary 

exemption of yellow fleshed and white 

types of potatoes from the handling 

regulations. The comment further stated 

that, since October 24, 2013, the 

Committee has evaluated industry cost 

savings and the impact on the market 

resulting from the temporary exemption. 

No negative market impacts were 

experienced as a result of the temporary 

exemption of these potatoes from the 

handling regulations. Handlers have 

continued to meet their customers’ 

specifications, either with voluntary 

inspection or with no inspection, during 

the temporary exemption. As a result, 

the Committee unanimously 

recommended extending the exemption 

period indefinitely. Such a 

recommendation would result in 

additional rulemaking. 

Accordingly, for the reasons given in 

the interim rule, USDA is 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-13-0067- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, and 

13563; 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 62967, October 23, 

2013) will tend to effectuate the 

declared policy of the Act. 

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 amended as 

follows: 

PART 946—IRISH POTATOES GROWN 

IN WASHINGTON 

Accordingly, the interim rule that 

amended 7 CFR part 946 and that was 

published at 78 FR 62967 on October 

23, 2013, is adopted as a final rule 

without change. 

Dated: April 28, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–10036 Filed 5–1–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1005, 1006 and 1007 

[Doc. no. AMS–DA–07–0059; AO–388–A22, 

AO–356–A43 and AO–366–A51; DA–07–03] 

Milk in the Appalachian, Florida, and 

Southeast Marketing Areas; Order 

Amending the Orders 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Class I pricing provisions and the 

maximum administrative assessment for 

the Appalachian, Florida and Southeast 

marketing orders. This final rule also 

amends certain features of the diversion 

limit, touch-base and transportation 

credit provisions of the Appalachian 

and Southeast milk marketing orders. 

More than the required number of 

producers approved the issuance of the 

orders as amended. 

DATES: Effective Date: May 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William G. Francis, USDA/AMS/Dairy 

Programs, Order Formulation and 

Enforcement Branch, STOP 0231-Room 

2971, 1400 Independence Avenue SW., 

Washington, DC 20250–0231, (202) 720– 

7183, email address: William.francis@

ams.usda.gov. 

SUPPLEMENTARY INFORMATION: The 

provisions adopted in this final rule: (1) 

Adjust the Class I pricing surface in 

each county within the geographical 

boundaries of the Appalachian, Florida 

and Southeast marketing orders; (2) 

Make diversion limit standards identical 

for the Appalachian and Southeast 

orders: 25 percent of deliveries to pool 

plants during the months of January, 

February, July, August, September, 

October, and November, and 35 percent 

in the months of March, April, May, 

June, and December; (3) Reduce touchbase standards to one day each month 

for the Appalachian and Southeast 

orders; (4) Add January and February as 

months when transportation credits are 

paid for the Appalachian and Southeast 

orders; (5) Provide for the payment of 

transportation credits in the 

Appalachian and Southeast orders for 

full loads of supplemental milk; (6) 


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