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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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 38505 

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. 

Industry Information 

There are approximately 73 handlers 

of Colorado Area No. 2 potatoes subject 

to regulation under the order and 

approximately 180 producers in the 

regulated production area. The order is 

administered locally by the Colorado 

Potato Administrative Committee, Area 

No. 2 (Committee). Small agricultural 

service firms are defined by the Small 

Business Administration (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. 

During the 2007–2008 marketing year, 

approximately 14,225,568 

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 

$12.05 per hundredweight, the 

Committee estimates that 62 Area No. 2 

handlers, or about 85 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 (NASS), the average 

producer price for Colorado potatoes for 

2007 was $9.85 per hundredweight. The 

average annual fresh potato revenue for 

the Colorado Area No. 2 potato 

producers is therefore calculated to be 

approximately $778,455. Consequently, 

on average, the majority of the Area No. 

2 Colorado potato producers may not be 

classified as small entities. 

Section 948.22 authorizes the 

issuance of grade, size, quality, 

maturity, pack, and container 

regulations for potatoes grown in the 

production area. Section 948.21 further 

authorizes the modification, suspension, 

or termination of requirements issued 

pursuant to § 948.22. 

Section 948.386 of the marketing 

order’s rules and regulations establishes 

minimum sizes for various varieties of 

potatoes. This rule continues in effect 

the action that changed the minimum 

size requirement from 2 inches in 

diameter to 17⁄8 inches in diameter and 

removed the minimum weight 

requirement for long potatoes that are 

considered neither ‘‘Size B’’ nor 

‘‘creamer’’ size potatoes. 

In 2007, handlers were unable to 

adequately supply the fresh market 

because of low yields due to poor 

weather conditions and because of more 

restrictive regulations. Adverse weather 

conditions contributed to lower yields 

and short supplies of potatoes for the 

market again in the 2008–2009 season. 

The Committee believes that relaxing 

the minimum size and weight 

requirements on long potato varieties 

allows handlers to market a larger 

portion of the crop in fresh market 

outlets, and thus better meet demand. 

This action is expected to foster 

increased consumption and have a 

positive impact on the Colorado potato 

industry. 

This change is expected to improve 

returns to producers. The interim final 

rule was a relaxation of the minimum 

size regulation and, as such, should 

have a positive impact on industry 

participants. The Committee believes 

that this change should not negatively 

impact either handlers or producers. 

The Committee discussed alternatives 

to this change, including not taking any 

action. However, for the reasons 

discussed earlier, the Committee 

believes this action best meets the needs 

of buyers and is most beneficial to the 

industry. 

This rule will not impose any 

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. 

In addition, as noted in the initial 

regulatory flexibility analysis, USDA 

has not identified any 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 on all issues. 

Like all Committee meetings, the August 

21, 2008, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

This action also affirms information 

contained in the interim final rule 

concerning the authority for marketing 

orders under the Agricultural Marketing 

Agreement Act of 1937 (7 U.S.C. 601– 

674), as well as information regarding 

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). 

Comments on the interim final rule 

were required to be received on or 

before June 15, 2009. No comments 

were received. Therefore, for reasons 

given in the interim final rule, USDA is 

adopting the interim final rule as a final 

rule, without change. 

To view the interim final rule, go to: 

http://www.regulations.gov/fdmspublic/

component/main?main=DocketDetail&

d=AMS-FV-08-0094. 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (74 FR 17589, April 16, 2009) 

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. 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ Accordingly, the interim final rule 

that amended 7 CFR part 948 and that 

was published at 74 FR 17589 on April 

16, 2009, is adopted as a final rule, 

without change. 

Dated: July 29, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–18539 Filed 8–3–09; 8:45 am] 

BILLING CODE 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 959 

[Doc. No. AMS–FV–09–0044; FV09–959–2 

IFR] 

Onions Grown in South Texas; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule decreases the 

assessment rate established for the 

South Texas Onion Committee 

(Committee) for the 2009–10 and 

subsequent fiscal periods from $0.03 to 

$0.025 per 50-pound equivalent of 

onions handled. The Committee locally 

administers the marketing order which 

regulates the handling of onions grown 

in South Texas. Assessments upon 

onion handlers are used by the 

Committee to fund reasonable and 

necessary expenses of the program. The 


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