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

38503 

Vol. 74, No. 148 

Tuesday, August 4, 2009 

RECOVERY ACCOUNTABILITY AND 

TRANSPARENCY BOARD 

4 CFR Part 202 

RIN 0430–AA02 

Official Seal 

AGENCY: Recovery Accountability and 

Transparency Board. 

ACTION: Direct final rule. 

SUMMARY: The Recovery Accountability 

and Transparency Board (Board) is 

adopting regulations to establish its 

chapter and to adopt requirements on 

the use of its official seal. Use by any 

person or organization may be made 

only with the Board’s prior written 

approval. Wrongful use of an official 

seal is subject to administrative action 

and/or criminal penalty. 

The Board believes that this rule is 

non-controversial, and the Board 

anticipates no significant adverse 

comment. If the Board receives a 

significant adverse comment, it will 

withdraw the rule. 

DATES: This rule is effective September 

3, 2009 without further action, unless 

adverse comment is received by August 

24, 2009. If adverse comment is 

received, the Board will publish a 

timely withdrawal of the rule in the 

Federal Register. 

ADDRESSES: You may submit comments 

by Mail/Hand Delivery/Courier: Jennifer 

Dure, Office of General Counsel, 

Recovery Accountability and 

Transparency Board, 1717 Pennsylvania 

Avenue, NW., Suite 700, Washington, 

DC 20006. 

FOR FURTHER INFORMATION CONTACT: 

Kristen Fernandez, Records Manager, 

telephone (202) 254–7900. 

SUPPLEMENTARY INFORMATION: The Board 

is adopting regulations (4 CFR part 202) 

on the use of its official seal. The Board 

has developed a seal that signifies the 

authoritativeness of the item or 

document to which it is affixed as an 

official endorsement of the Board. The 

seal is to be used for official Board 

business or as approved under the 

Board’s regulations. 

The Board believes there is good 

cause to bypass notice and comment 

and proceed to a direct final rule 

pursuant to 5 U.S.C. 553(b). The rule is 

non-controversial and merely provides 

who may use the Board’s official seal 

and for what purpose. Because this rule 

only impacts Board procedure and 

practice, notice and comment is 

unnecessary. Although the Board 

believes this direct final rule will not 

elicit any significant adverse comments, 

if such comments are received, the 

Board will publish a timely notice of 

withdrawal in the Federal Register. 

Executive Order No. 12866 

This rule does not meet the criteria for 

a significant regulatory action under 

Executive Order 12866. Thus, review by 

the Office of Management and Budget is 

not required. 

Regulatory Flexibility Act 

This rule will not have a significant 

economic impact on a substantial 

number of small entities. Therefore, a 

regulatory flexibility analysis as 

provided by the Regulatory Flexibility 

Act, as amended, is not required. 

Paperwork Reduction Act 

This rule imposes no additional 

reporting and recordkeeping 

requirements. Therefore, clearance by 

the Office of Management and Budget is 

not required. 

List of Subjects in 4 CFR Part 202 

Official seal. 

■ Therefore, under the authority at 

Public Law 111–5, 123 Stat. 115 (2009), 

the Board amends Title 4 of the Code of 

Federal Regulations by establishing a 

new Chapter II, consisting of Part 202 to 

read as follows: 

CHAPTER II—RECOVERY 

ACCOUNTABILITY AND TRANSPARENCY 

BOARD 

PART 202—OFFICIAL SEAL 

Sec. 

202.1 Description. 

202.2 Authority to affix seal. 

202.3 Prohibitions against misuse of seal. 

Authority: 5 U.S.C. 301, 18 U.S.C. 506. 

§ 202.1 Description. 

(a) The official seal of the Recovery 

Accountability and Transparency Board 

(Board) is described as follows: The 

American Eagle, right facing, with left 

wing outstretched and pointing forward 

with right wing partially shown, is 

superimposed over a background 

suggesting the American Flag; upon a 

blue field, which fills background space 

above the Eagle’s outstretched wing, are 

thirteen gold, five-pointed stars; the 

lower half of the background, filling the 

space beneath the Eagle’s outstretched 

wing, is vertically striped in alternating 

colors of red and gold. The entire image 

is circumscribed by a gold boundary 

with 18 equally spaced ‘‘gear’’ teeth; 

that image is further encircled by a ring 

bearing the gold-colored words 

‘‘RECOVERY ACCOUNTABILITY AND 

TRANSPARENCY’’ centered at its top, 

and the word ‘‘BOARD’’ is centered at 

its bottom and separated from the topcentered words by two laurel branches 

to its left and right. 

(b) The Board also has developed an 

alternate, monochromatic version of the 

seal in which the above-described blue 

field and red-and-gold stripes are 

replaced by a white field and white-andgold stripes. A reproduction of the 

official seal in black and white appears 

as follows: 


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38504 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 

§ 202.2 Authority to affix seal. 

(a) The following officials of the 

Board are authorized to affix the official 

seal (including reproductions) to 

appropriate documents, certifications, 

and other materials of the Board: The 

Chairman and all Members, the 

Executive Director, the General Counsel, 

and the Directors. 

(b) The officials named in paragraph 

(a) of this section may delegate this 

authority as appropriate. 

§ 202.3 Prohibitions against misuse of 

seal. 

(a) Falsely making, forging, 

counterfeiting, mutilating, or altering 

the Board seal or reproduction, or 

knowingly using or possessing with 

fraudulent intent an altered Board seal 

or reproduction is punishable under 18 

U.S.C. 506. 

(b) Any person using the Board seal 

or reproduction in a manner 

inconsistent with the provisions of this 

part is subject to the provisions of 18 

U.S.C. 1017, which states penalties for 

the wrongful use of an official seal, and 

other provisions of law as applicable. 

Ivan J. Flores, 

Paralegal Specialist, Recovery Accountability 

and Transparency Board. 

[FR Doc. E9–18509 Filed 8–3–09; 8:45 am] 

BILLING CODE 6820–GA–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–08–0094; FV09–948–1 

FIR] 

Irish Potatoes Grown in Colorado; 

Modification of the Handling 

Regulation for Area No. 2 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim final rule 

as final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule that modified the minimum 

size requirement under the Colorado 

potato marketing order, Area No. 2. For 

most long potato varieties, the interim 

final rule changed the minimum size 

requirement from 2 inches in diameter 

to 17⁄8 inches in diameter and removed 

the minimum weight requirement. The 

change is expected to improve the 

marketing of Colorado Area No. 2 

potatoes while increasing returns to 

producers and potato supplies to 

consumers. 

DATES: Effective Date: Effective August 

5, 2009. 

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 obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide; or by 

contacting Jay Guerber, 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: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 97 and Marketing Order No. 948, 

both as amended (7 CFR part 948), 

regulating the handling of Irish potatoes 

grown in Colorado, hereinafter referred 

to as the ‘‘order.’’ The order is effective 

under the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

An interim final rule was published 

in the Federal Register on April 16, 

2009, and was effective on April 17, 

2009 (74 FR 17589, Doc. No AMS–FV– 

0094, FV09–948–1 IFR). The interim 

final rule amended § 948.386 by 

modifying the minimum size 

requirement for most long varieties of 

potatoes handled under the marketing 

order. The exceptions to these 

requirements are for potatoes handled 

under the size designations referred to 

in the U.S. Standards as ‘‘Size B’’ and 

‘‘creamers.’’ The revisions described in 

the interim final rule were made to the 

handling regulations for all regulated 

potatoes except those potatoes 

considered ‘‘Size B’’ or ‘‘creamers.’’ The 

current size requirements for ‘‘Size B’’ 

and ‘‘creamers’’ remain unchanged. 

Except as explained above, for long 

potato varieties, the interim final rule 

changed the minimum size requirement 

from 2 inches in diameter to 17⁄8 inches 

in diameter and removed the minimum 

weight requirement. 

This action did not impact imported 

potatoes covered by section 608(e) of the 

Act. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

final regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 


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