Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43039 

more widespread throughout California 

and there were many more growers 

involved in kiwifruit production. The 

order originally provided for eight 

grower districts within the production 

area, with one membership seat 

apportioned to each district, and an 

additional seat reallocated annually to 

each of the three districts with the 

highest production in the preceding 

year. The structure was designed to 

afford equitable representation for all 

districts on the committee. 

Planted acreage has been gradually 

concentrated into two main regions in 

recent years. That, and the decline in 

the number of growers over time, 

prompted consolidation of the districts 

and reallocation of grower member seats 

through the formal rulemaking process. 

Under the amended order, the 

production area will be divided into 

three grower districts, and committee 

membership will be allocated 

proportionately among the districts 

based upon the previous five years’ 

average production for each district. 

These changes are expected to better 

reflect the current composition of the 

industry. 

This rule removes § 920.131 from the 

order’s administrative rules and 

regulations, effective August 1, 2010. 

The section specifies the boundaries for 

eight grower districts. As such, it will be 

inconsistent with the amended § 920.12, 

which provides the boundaries for three 

grower districts. 

The changes in this interim rule are 

necessary to conform with amendments 

to the order, which will become 

effective on August 1, 2010. No 

alternatives to this action are deemed 

appropriate. 

Regarding the impact of this action on 

the affected entities, both large and 

small entities are expected to benefit 

from the change. The revision in this 

interim rule provides consistency 

between the amended marketing order 

and its administrative rules and 

regulations. The order amendment is 

expected to ensure that the interests of 

all large and small entities are 

represented appropriately during 

committee deliberations. 

Committee meetings in which 

regulatory recommendations and other 

decisions are made are open to the 

public. All members are able to 

participate in committee deliberations, 

and each committee member has an 

equal vote. Others in attendance at 

meetings are also allowed to express 

their views. 

At committee meetings held on 

January 30, 2008, April 22, 2008, and 

July 9, 2008, the committee voted 

unanimously to recommend amending 

the order by revising the grower districts 

into which the production area is 

divided. The committee’s 

recommendations were submitted to 

AMS on August 15, 2008. Growers 

approved the amendment to redefine 

district boundaries in a referendum held 

in March 2010. The amendment will 

become effective August 1, 2010. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on large or small kiwifruit 

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 citizen 

access to Government information and 

services, and for other purposes. 

Finally, interested persons are invited 

to submit comments on this interim 

rule, including the 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 the following Web site: 

http://www.ams.usda.gov/AMSv1.0/

ams.fetchTemplate

Data.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 

changes to the administrative rules and 

regulations currently prescribed under 

the marketing order for California 

kiwifruit. Any comments received will 

be considered prior to finalization of 

this rule. 

After consideration of all relevant 

material presented, including the 

committee’s recommendations 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 effectuating this rule on 

August 1, 2010, because: (1) August 1, 

2010 is the beginning of the fiscal 

period and amendments to the order’s 

district boundary provision will become 

effective on that date; (2) this action is 

necessary to make the order’s 

administrative rules and regulations 

consistent with the amended order; and 

(3) this rule provides a 60-day comment 

period, and any written comments 

received will be considered prior to any 

finalization of this rule. 

List of Subjects in 7 CFR Part 920 

Kiwifruit, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 920 is amended as 

follows: 

PART 920—KIWIFRUIT GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 920 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 920.131 [Removed] 

■ 2. Section 920.131 is removed. 

Dated: July 20, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–18087 Filed 7–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 924 

[Doc. No. AMS–FV–10–0054; FV10–924–2 

IR] 

Fresh Prunes Grown in Designated 

Counties in Washington and in 

Umatilla County, OR; Suspension of 

Reporting and Assessment 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule suspends the 

reporting and assessment requirements 

prescribed under the WashingtonOregon fresh prune marketing order. 

The marketing order regulates the 

handling of fresh prunes grown in 

designated counties in Washington and 

in Umatilla County, Oregon, and is 

administered locally by the WashingtonOregon Fresh Prune Marketing 

Committee (Committee). On June 1, 

2010, the Committee unanimously voted 

to terminate Marketing Order No. 924. 

Since the only regulatory actions 

currently in effect are the reporting and 

assessment requirements, the 

Committee included a recommendation 

WReier-Aviles on DSKGBLS3C1PROD with RULES

43040 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

to immediately suspend these activities 

while USDA processes the termination 

request. The reporting and assessment 

requirements will remain suspended 

until reinstated or permanently 

terminated. 

DATES: Effective July 24, 2010, 7 CFR 

924.160 and 924.236 are suspended 

indefinitely; comments received by 

September 21, 2010 will be considered 

prior to confirmation as 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: 

Robert Curry 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: 

Robert.Curry@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 

and Order No. 924 (7 CFR part 924), 

regulating the handling of fresh prunes 

grown in designated counties in 

Washington and in Umatilla County, 

Oregon, 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. Under the marketing order now 

in effect, Washington-Oregon fresh 

prune handlers are subject to 

assessments. Funds to administer the 

order are derived from such 

assessments. For the 2009–2010 fiscal 

period, an assessment rate of $2.00 per 

ton of fresh prunes handled was 

approved by USDA, to continue in effect 

indefinitely unless modified, 

suspended, or terminated. This action 

suspends the reporting requirements 

and the assessment rate for the 2010– 

2011 fiscal period, which began April 1, 

2010, both remaining suspended until 

reinstated or permanently 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. 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. 

The Committee meets regularly to 

consider recommendations for 

modification, suspension, or 

termination of the Washington-Oregon 

fresh prune order’s regulatory 

requirements, which have been issued 

on a continuing basis. Committee 

meetings are open to the public and 

interested persons may express their 

views at these meetings. The USDA 

reviews Committee recommendations, 

including information provided by the 

Committee and from other available 

sources, and determines whether 

modification, suspension, or 

termination of the regulatory 

requirements would tend to effectuate 

the declared policy of the Act. 

This rule suspends § 924.236, which 

established an assessment rate of $2.00 

per ton on or after April 1, 2009, and 

§ 924.160, which implements 

assessment reporting requirements. On 

June 1, 2010, the Committee 

unanimously voted in favor of 

requesting that USDA terminate the 

order, and included a recommendation 

that the reporting and assessment 

requirements—the only regulatory 

activities still in effect at this time—be 

suspended while termination of the 

order is being processed by USDA under 

a separate regulatory action. 

Section 924.41 of the order provides 

authority for the Committee to assess 

handlers for their pro rata share of the 

expenses authorized each fiscal period. 

Section 924.60 of the order authorizes 

the Committee to collect reports and 

other information as necessary for the 

Committee to perform its duties under 

the order. Section 924.236 implements 

the continuing assessment rate, while 

§ 924.160 implements the requirement 

that handlers report specified 

information to the Committee prior to 

October 30 of each year. This report is 

used as a basis for the Committee’s 

collection of assessments from handlers. 

Marketing Order No. 924 has been in 

effect since 1960 and has provided the 

fresh prune industry in Washington and 

Oregon with authority for grade, size, 

quality, maturity, pack, and container 

regulations, as well as authority for 

inspection requirements. The order also 

authorizes production research and 

marketing research and development 

projects, as well as the necessary 

reporting and recordkeeping functions 

required for operation. Based on the 

Committee’s recommendation, USDA 

suspended the order’s handling 

regulations in May 2006. These 

handling regulations required that 

certain varieties of fresh prunes be 

inspected to ensure that they met 

minimum grade standards. The 

Committee believed that the costs of 

inspection outweighed the benefits 

provided from having the regulatory 

requirements in effect. 

Following the regulatory suspension, 

the Committee continued to collect 

assessments in order to maintain its 

functionality. The Committee felt that it 

should continue to fund its full 

operational capability in order to gauge 

the merits of the handling regulation 

suspension. Therefore, when it 

recommended suspension of the 

handling regulations, the Committee 

also recommended the establishment of 

reporting requirements for the purpose 

of tracking shipments and collecting 

assessments. Prior to the handling 

regulation suspension, the Committee 

relied on the Federal-State Inspection 

Service to provide it with copies of the 

certificates that accompany each lot of 

inspected fresh prunes. The inspection 

certificates contained information 

necessary for the Committee to collect 

assessments from each of the regulated 

handlers. On May 10, 2006, a new 

section 924.160 and Committee form 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43041 

‘‘Handler Statement for WashingtonOregon Fresh Prunes’’ were 

implemented pursuant to publication in 

the Federal Register (71 FR 26817). The 

Committee used this form to collect 

fresh prune shipment information and 

to monitor market and crop conditions, 

thus helping it to make a determination 

regarding the impact of non-regulation 

on the industry. 

The Washington-Oregon fresh prune 

industry has been in decline for many 

years, with acreage and production 

trending downward. This contributed to 

the suspension of the handling 

regulations in 2006. Since the handling 

regulations were suspended, the 

Committee has taken the opportunity to 

evaluate the suspension’s effect on the 

marketing of fresh prunes over the past 

four years. Based on its analysis, the 

Committee has determined that the 

regulatory suspension has not 

negatively impacted the marketing of 

fresh prunes. Thus, the Committee 

determined that there is no longer a 

need for the order, and recommended 

its termination at a meeting held in 

Prosser, Washington, on June 1, 2010. 

In addition, the Committee 

determined that there is no need to 

continue collecting assessments and 

requiring reports for the sole purpose of 

maintaining its functionality, thus 

recommended that the assessment rate 

and reporting requirements be 

immediately suspended. This action 

will relieve the industry of the 

assessment and reporting burden during 

the pendency of the termination 

process. 

The Committee recommended a 

budget of $6,085 for the remainder of 

the period leading to order termination. 

The budgeted amount was established 

on the basis of the amount remaining in 

the Committee’s monetary reserve. The 

budget in its entirety will provide for 

such operating expenses as are 

necessary during the termination 

process. 

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 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 six handlers of WashingtonOregon fresh prunes subject to 

regulation under the order and 

approximately 56 fresh prune producers 

in the regulated area. Small agricultural 

service firms are defined by the Small 

Business Administration (SBA) (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. 

Based on information compiled by 

both the Committee and the National 

Agricultural Statistics Service, the 

average producer price for fresh prunes 

was approximately $385 per ton. With 

4,260 tons of fresh prunes shipped from 

the Washington and Oregon productions 

areas in 2009, this equates to average 

producer revenue of about $30,000. In 

addition, AMS Market News Service 

reported that 2009 f.o.b. prices ranged 

from $12.00 to $18.00 per 30-pound 

container, thus the entire WashingtonOregon fresh prune industry handled 

less than $7,000,000 worth of prunes 

last season. In view of the foregoing, the 

majority of Washington-Oregon fresh 

prune producers and handlers may be 

classified as small entities. 

This rule suspends the reporting 

requirements regarding the collection of 

information pertaining to shipments and 

assessments under the order. It also 

suspends the assessment rate of $2.00 

per ton established for the period 

beginning April 1, 2009, and continuing 

until modified, suspended, or 

terminated by USDA. The Committee 

recommended a budget of expenditures 

of $6,085 for the period beginning on 

April 1, 2010, and ending with 

termination of the order. This budget is 

based on the Committee’s monetary 

reserve balance on April 1, 2010. Major 

expenses for the budget period 

beginning on April 1, 2010, are for 

Committee travel, the financial review, 

and management compensation. 

The Committee made the 

recommendation to suspend the 

reporting and assessment requirements 

as an adjunct to the recommendation to 

terminate the order. As such, the only 

other alternative would have been to 

continue to assess handlers and to 

require reports, options not considered 

practicable since additional funds are 

not required. 

This action suspends the reporting 

and assessment obligations imposed on 

handlers. During any period when 

effective, assessments are applied 

uniformly on all handlers and some of 

the costs may be passed on to 

producers. This suspension of the 

reporting and assessment requirements 

reduces the burden on handlers and 

should also reduce the burden on 

producers. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

prune 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. 

The Committee’s meeting was widely 

publicized throughout the WashingtonOregon fresh prune industry and all 

interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the June 1, 2010, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Additionally, interested persons are 

invited to submit comments on this 

interim final rule, including the 

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/ 

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 the 

suspension of the reporting and 

assessment requirements prescribed 

under the Washington-Oregon fresh 

prune 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 final 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 

WReier-Aviles on DSKGBLS3C1PROD with RULES

43042 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) The Committee has 

recommended prompt termination of 

the marketing order regulating the 

handling of Washington-Oregon fresh 

prunes and no longer requires reports or 

assessment income; (2) this action is a 

relaxation in the order’s regulatory 

requirements; (3) the Committee 

unanimously recommended these 

changes at a public meeting and 

interested parties had an opportunity to 

provide input; 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 924 

Prunes, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 924 is amended as 

follows: 

PART 924—FRESH PRUNES GROWN 

IN DESIGNATED COUNTIES IN 

WASHINGTON AND IN UMATILLA 

COUNTY, OREGON 

■ 1. The authority citation for 7 CFR 

part 924 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§§ 924.160 and 924.236 [Suspended] 

■ 2. Sections 924.160 and 924.236 are 

suspended in their entirety. 

Dated: July 20, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–18086 Filed 7–22–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–10–0052; FV10–946–1 

IR] 

Irish Potatoes Grown in Washington; 

Temporary Change to the Handling 

Regulations and Reporting 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule suspends, for the 

2010–2011 season only, the minimum 

quality, maturity, pack, marking, and 

inspection requirements currently 

prescribed for russet potato varieties 

under the Washington potato marketing 

order. The marketing order regulates the 

handling of Irish potatoes grown in 

Washington, and is administered locally 

by the State of Washington Potato 

Committee (Committee). During the 

suspension of the russet potato handling 

regulation, reports from handlers will be 

required for the purpose of obtaining 

information necessary to administer the 

marketing order. This rule is expected to 

reduce overall industry expenses and 

increase net returns to producers and 

handlers while allowing the industry 

the opportunity to explore alternative 

marketing strategies. 

DATES: Effective July 24, 2010; 

comments received by September 21, 

2010 will be considered prior to 

issuance of a final rule. Pursuant to the 

Paperwork Reduction Act, comments on 

the information collection burden must 

be received by September 21, 2010. 

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 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. 

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 therefrom. 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 suspends the order’s 

handling regulation for russet potato 

varieties for the 2010–2011 season. This 

rule allows the Washington potato 

industry to market russet potatoes 

without regard to the minimum quality, 

maturity, pack, marking, and inspection 

requirements currently prescribed under 

the Washington potato marketing order. 

It is intended that the suspension will 

apply to the season beginning on July 1, 

2010, and continuing through June 30, 

2011. The minimum quality, maturity, 

pack, marking, and inspection 

requirements will resume July 1, 2011, 

for the 2011–2012 season and continue 

unless modified, suspended, or 

terminated. 

This rule also establishes a new 

reporting requirement for russet 

potatoes handled during the same 12 

month period. As assessments will 

remain in effect on all fresh russet 

potatoes handled under the order, 

reporting requirements will allow the 

Committee to obtain information 

necessary to facilitate assessment 

collection. 

WReier-Aviles on DSKGBLS3C1PROD with RULES