This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

70191 

Vol. 78, No. 227 

Monday, November 25, 2013 

OFFICE OF GOVERNMENT ETHICS 

5 CFR Part 2641 

RIN 3209–AA14 

Post-Employment Conflict of Interest 

Regulations; Exempted Senior 

Employee Positions; Withdrawal of 

Final Rule 

AGENCY: Office of Government Ethics 

(OGE). 

ACTION: Withdrawal of final rule. 

SUMMARY: The Office of Government 

Ethics is withdrawing the final rule 

‘‘Post-Employment Conflict of Interest 

Regulations; Exempted Senior Employee 

Positions’’ published October 3, 2013, at 

78 FR 61153. 

DATES: Effective Date: The final rule 

published on October 3, 2013, at 78 FR 

61153 is withdrawn, effective November 

25, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Christopher J. Swartz, Assistant 

Counsel, Ethics Law & Policy Branch, 

Office of Government Ethics; telephone: 

202–482–9300; TTY: 800–877–8339; 

FAX: 202–482–9237. 

SUPPLEMENTARY INFORMATION: On 

October 3, 2013, the U.S. Office of 

Government Ethics (OGE) published a 

final rule in the Federal Register, at 78 

FR 61153, concerning the revocation of 

certain regulatory exemptions of senior 

employee positions at the Securities and 

Exchange Commission (SEC) from the 

one-year post-employment restrictions 

of 18 U.S.C. 207(c) and (f). Pursuant to 

the rulemaking action taken on October 

3, 2013, the revocation of regulatory 

exemptions for covered positions at the 

SEC, as well as the removal of those 

exempted positions from Appendix A to 

5 CFR part 2641, was to be effective on 

January 2, 2014. At the request of the 

SEC, OGE is now withdrawing its final 

rule of October 3, 2013, to allow the SEC 

time to effectively educate affected 

employees before the exemption 

revocation takes effect. For that reason, 

the notice of revocation is being 

rescinded and the final rule withdrawn. 

Positions that would have been affected 

by the issuance of October 3, 2013, shall 

continue to be exempted from the 

prohibitions of 18 U.S.C. 207(c) and (f), 

until 90 days from such time that OGE 

republishes notice of revocation in the 

Federal Register. OGE anticipates 

republishing this notice and final rule in 

January 2014. 

Approved: November 19, 2013. 

Walter M. Shaub, Jr., 

Director, Office of Government Ethics. 

[FR Doc. 2013–28156 Filed 11–22–13; 8:45 am] 

BILLING CODE 6345–03–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 and Part 980 

[Doc. No. AMS–FV–13–0001; FV13–948–1 

FIR] 

Irish Potatoes Grown in Colorado; 

Modification of the General Cull and 

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 size requirements 

for potatoes handled under the Colorado 

potato marketing order, Area No. 2 

(order). The order regulates the handling 

of Irish potatoes grown in Colorado and 

is administered locally by the Colorado 

Potato Administrative Committee, Area 

No. 2 (Committee). The interim rule 

revised the 1-inch minimum to 13⁄4-inch 

maximum diameter size allowance for 

U.S. Commercial and better grade 

potatoes contained in the order’s 

handling regulation for Area No. 2 to 3⁄4- 

inch minimum to 15⁄8-inch maximum 

diameter. In addition, this action 

revised the minimum size requirement 

under the order’s general cull regulation 

to 3⁄4-inch diameter. As required under 

section 8e of the Agricultural Marketing 

Agreement Act of 1937, this action also 

revised the size requirements for 

imported round type potatoes, other 

than red-skinned varieties. This change 

is expected to facilitate the handling 

and marketing of the Area No. 2 potato 

crop; provide producers, handlers, and 

importers with increased returns; and 

offer consumers increased potato 

purchasing options. 

DATES: Effective November 26, 2013. 

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 obtain 

information on complying with this and 

other marketing order and agreement 

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 and 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.’’ 

This rule is also issued under section 

8e of the Act, which provides that 

whenever certain specified 

commodities, including potatoes, are 

regulated under a Federal marketing 

order, imports of these commodities 

into the United States are prohibited 

unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

The handling of potatoes grown in 

Area No. 2 of Colorado is regulated by 


emcdonald on DSK67QTVN1PROD with RULES
70192 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 

7 CFR part 948. Prior to this change, the 

smallest potatoes that could be shipped 

outside the state of Colorado under the 

order were 1-inch to 13⁄4-inch diameter 

potatoes that met or exceeded the 

requirements of the U.S. Commercial 

grade. Potatoes measuring less than 1- 

inch could not be shipped outside the 

state, regardless of grade. This 

restrictive requirement precluded the 

Colorado Area No. 2 handlers from 

supplying an emerging market for 

smaller size U.S. Commercial grade 

potatoes. Therefore, this rule continues 

in effect the interim rule that relaxed the 

allowable minimum diameter for U.S. 

Commercial and better grade potatoes to 

3⁄4-inch, which is in line with the 

minimum size requirements contained 

in the handling regulations of the other 

domestic potato marketing orders. 

Additionally, prior to this change, the 

order’s general cull regulation required 

all potatoes handled under the order to 

meet the minimum requirements of the 

U.S. No. 2 grade, or be greater than 11⁄2- 

inches in diameter. For marketing 

purposes, the general cull regulations 

need to be consistent with the handling 

regulations. Therefore, this rule also 

continues in effect the interim rule that 

relaxed the minimum size requirement 

under the order’s general cull regulation 

to 3⁄4-inch diameter. 

Imported potatoes are subject to 

regulations specified in 7 CFR part 980. 

Under those regulations, imported 

potatoes must meet the same or 

comparable grade, size, quality, and 

maturity requirements as specified for 

domestic potatoes under the order. 

Therefore, the relaxation of the size 

requirements effectuated by this rule for 

domestic potatoes covered by the order 

likewise relaxes the size requirements 

for U.S. Commercial and better grade 

round type potatoes, other than redskinned varieties, that are imported into 

the United States. Importers may now 

ship Creamer size (3⁄4-inch minimum to 

15⁄8-inch maximum diameter) U.S. 

Commercial and better grade round type 

potatoes, other than red-skinned 

varieties, into the United States. 

In an interim rule (Doc. No. AMS– 

FV–13–0001; FV13–948–1 IR) published 

in the Federal Register on June 14, 

2013, and effective on June 15, 2013 (78 

FR 35743), § 948.126 was amended by 

changing the minimum diameter for 

potatoes handled under the order from 

11⁄2-inch to 3⁄4-inches. Likewise, 

§ 948.386 was modified by relaxing the 

size allowance for U.S. Commercial and 

better grade potatoes from 1-inch 

minimum to 13⁄4-inch maximum 

diameter to 3⁄4-inch minimum to 15⁄8- 

inch maximum diameter (Creamer size). 

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 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. In addition, 

there are approximately 571 potato 

importers. 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 marketing year, 

the most recent full marketing year 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 $161.281 million. Therefore, the 

average annual fresh potato revenue for 

each of the 180 Colorado Area No. 2 

potato producers is calculated to be 

approximately $896,000 ($161.281 

million divided by 180), which is 

greater than the SBA threshold of 

$750,000. Consequently, on average, 

many of the Area No. 2 Colorado potato 

producers may not be classified as small 

entities. 

Information from the Foreign 

Agricultural Service, USDA, indicates 

that the dollar value of imported fresh 

potatoes averaged $128.962 million over 

the past five years, ranging from a low 

of approximately $106.502 million in 

2012 to a high of approximately 

$155.358 million in 2008. Using these 

values, it is estimated that the majority 

of the 571 potato importers have annual 

receipts of less than $7 million and may 

be classified as small entities. 

This rule continues in effect the 

action that relaxed the size allowance 

for U.S. Commercial and better grade 

potatoes in the order’s handling 

regulation and modified the size 

requirement in the order’s general cull 

regulation. Prior to this action, the 

smallest size range allowed to be 

handled under the order was 1-inch 

minimum diameter to 13⁄4-inch 

maximum diameter if the potatoes were 

otherwise U.S. Commercial or better 

grade. As a result of this rule, Creamer 

size (3⁄4-inch to 15⁄8-inch diameter) U.S. 

Commercial and better grade potatoes 

may now be handled under the order. 

Additionally, the minimum size 

requirement under the order’s general 

cull regulation was changed from 11⁄2- 

inch to 3⁄4-inch diameter. All other size 

requirements in the order’s handling 

regulation remain unchanged. Authority 

for this action is contained in §§ 948.20, 

948.21, and 948.22. 

This relaxation is expected to benefit 

the producers, handlers, importers, and 

consumers of potatoes by allowing a 

greater quantity of fresh potatoes to 

enter the market. This anticipated 

increase in volume is expected to 

translate into greater returns for 

producers, handlers, and importers, and 

more purchasing options for consumers. 

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 

potato handlers and importers. 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 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations 70193 

1Public Law 111–203 § 1100E, 124 Stat. 1376 

(2010). 

2 76 FR 18349 (Apr. 4, 2011). 

3 76 FR 78500 (Dec. 19, 2011). 

4Section 1029(a) of the Dodd-Frank Act states: 

‘‘Except as permitted in subsection (b), the Bureau 

may not exercise any rulemaking, supervisory, 

enforcement, or any other authority * * * over a 

motor vehicle dealer that is predominantly engaged 

in the sale and servicing of motor vehicles, the 

leasing and servicing of motor vehicles, or both.’’ 

12 U.S.C. 5519(a). Section 1029(b) of the DoddFrank Act states: ‘‘Subsection (a) shall not apply to 

any person, to the extent that such person (1) 

provides consumers with any services related to 

residential or commercial mortgages or selffinancing transactions involving real property; (2) 

operates a line of business (A) that involves the 

extension of retail credit or retail leases involving 

motor vehicles; and (B) in which (i) the extension 

of retail credit or retail leases are provided directly 

to consumers; and (ii) the contract governing such 

extension of retail credit or retail leases is not 

routinely assigned to an unaffiliated third party 

finance or leasing source; or (3) offers or provides 

a consumer financial product or service not 

involving or related to the sale, financing, leasing, 

rental, repair, refurbishment, maintenance, or other 

servicing of motor vehicles, motor vehicle parts, or 

any related or ancillary product or service.’’ 12 

U.S.C. 5519(b). 

relevant Federal rules that duplicate, 

overlap, or conflict with this rule. 

Further, the Committee’s meeting was 

widely publicized throughout the 

Colorado Area No. 2 potato industry and 

all interested persons were invited to 

attend the meeting and participate in 

Committee deliberations. Like all 

Committee meetings, the December 20, 

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 

August 13, 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-13-0001- 

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). 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this rule. 

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 35743, June 14, 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 that was 

published at 78 FR 35743 on June 14, 

2013, is adopted as a final rule, without 

change. 

Dated: November 18, 2013 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–28067 Filed 11–22–13; 8:45 am] 

BILLING CODE 3410–02–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 213 

[Docket No. R–1469] 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1013 

[Docket No. CFPB–2013–0034] 

Consumer Leasing (Regulation M) 

AGENCY: Board of Governors of the 

Federal Reserve System (Board); and 

Bureau of Consumer Financial 

Protection (Bureau). 

ACTION: Final rules, official 

interpretations and commentary. 

SUMMARY: The Board and the Bureau are 

publishing final rules amending the 

official interpretations and commentary 

for the agencies’ regulations that 

implement the Consumer Leasing Act 

(CLA). The Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(Dodd-Frank Act) amended the CLA by 

requiring that the dollar threshold for 

exempt consumer leases be adjusted 

annually by any annual percentage 

increase in the Consumer Price Index 

for Urban Wage Earners and Clerical 

Workers (CPI–W). Based on the annual 

percentage increase in the CPI–W as of 

June 1, 2013, the Board and the Bureau 

are adjusting the exemption threshold to 

$53,500, effective January 1, 2014. 

Because the Dodd-Frank Act also 

requires similar adjustments in the 

Truth in Lending Act’s threshold for 

exempt consumer credit transactions, 

the Board and the Bureau are making 

similar amendments to each of their 

respective regulations implementing the 

Truth in Lending Act elsewhere in the 

Federal Register. 

DATES: This final rule is effective 

January 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Board: Vivian W. Wong, Counsel, 

Division of Consumer and Community 

Affairs, Board of Governors of the 

Federal Reserve System, at (202) 452– 

3667; for users of Telecommunications 

Device for the Deaf (TDD) only, contact 

(202) 263–4869. 

Bureau: David Friend, Counsel, Office 

of Regulations, Bureau of Consumer 

Financial Protection, at (202) 435–7700. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Dodd-Frank Wall Street Reform 

and Consumer Protection Act of 2010 

(Dodd-Frank Act) increased the 

threshold in the Consumer Leasing Act 

(CLA) for exempt consumer leases from 

$25,000 to $50,000, effective July 21, 

2011.1 In addition, the Dodd-Frank Act 

requires that this threshold be adjusted 

annually for inflation by the annual 

percentage increase in the Consumer 

Price Index for Urban Wage Earners and 

Clerical Workers (CPI–W), as published 

by the Bureau of Labor Statistics. In 

April 2011, the Board issued a final rule 

amending Regulation M (which 

implements the CLA) consistent with 

these provisions of the Dodd-Frank 

Act.2

Title X of the Dodd-Frank Act 

transferred rulemaking authority for a 

number of consumer financial 

protection laws from the Board to the 

Bureau, effective July 21, 2011. In 

connection with this transfer of 

rulemaking authority, the Bureau issued 

its own Regulation M implementing the 

CLA in an interim final rule, 12 CFR 

part 1013 (Bureau Interim Final Rule).3

The Bureau Interim Final Rule 

substantially duplicated the Board’s 

Regulation M, including the revisions to 

the threshold for exempt transactions 

made by the Board in April 2011. 

Although the Bureau has the authority 

to issue rules to implement the CLA for 

most entities, the Board retains 

authority to issue rules under the CLA 

for certain motor vehicle dealers 

covered by section 1029(a) of the DoddFrank Act, and the Board’s Regulation 

M continues to apply to those entities.4

Section 213.2(e)(1) of the Board’s 

Regulation M and § 1013.2(e)(1) of the 

Bureau’s Regulation M, and their 

accompanying commentaries, provide 

that the exemption threshold will be 

adjusted annually effective January 1 of 


emcdonald on DSK67QTVN1PROD with RULES