Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25625

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 945

[Docket No. FV00–945–1 IFR]

Irish Potatoes Grown in Certain

Designated Counties in Idaho, and

Malheur County, Oregon; Modification

of Handling Regulations

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule would

relax pack requirements to allow

handlers to ship U.S. No. 2 grade

potatoes in one-piece 50-pound cartons

to better meet buyer needs. Currently,

only U.S. No. 1 and better grade

potatoes can be shipped in cartons. The

relaxed pack requirements will enable

handlers to ship a substantial amount of

U.S. No. 2 grade potatoes in cartons and

help maximize producer returns.

DATES: Effective May 4, 2000. Comments

must be received by July 3, 2000.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent to the Docket Clerk, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Fax: (202) 720–5698, or

E-mail: moab.docketclerk@usda.gov. All

comments should reference the docket

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.

FOR FURTHER INFORMATION CONTACT:

Dennis L. West, Marketing Specialist,

Northwest Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, 1220 SW Third Avenue,

room 369, Portland, Oregon 97204;

telephone: (503) 326–2724, Fax: (503)

326–7440; or George Kelhart, Technical

Advisor, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This

interim final rule is issued under

Marketing Agreement No. 98 and

Marketing Order No. 945, both as

amended (7 CFR part 945), regulating

the handling of Irish potatoes grown in

certain designated counties in Idaho,

and Malheur County, Oregon,

hereinafter referred to as the ‘‘order.’’

The marketing agreement and order are

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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This interim final rule has been

reviewed under Executive Order 12988,

Civil Justice Reform. This action is not

intended to have retroactive effect. This

rule will not preempt any State or local

laws, regulations, or policies, unless

they present an irreconcilable conflict

with this rule.

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 the Secretary 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 the Secretary 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 the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

Sections 945.51 and 945.52 of the

order provide authority for the

establishment and modification of

regulations applicable to the handling of

potatoes. Section 945.341 establishes

minimum maturity and pack

requirements for potatoes handled

subject to the Idaho-Eastern Oregon

potato marketing order. Current

requirements provide, in part, that all

potatoes packed in cartons shall be

inspected and certified as meeting U.S.

No. 1 grade or better. All varieties shall

meet the maturity requirement of

slightly skinned (except the Norgold

variety from August 1–15, and the

White Rose and red skinned varieties

from August 1–December 31 can be

moderately skinned). During other

periods of the year, the White Rose and

red skinned varieties are not subject to

maturity requirements. Size shall be

conspicuously marked on all cartons

(except when used as a master

container). The grade requirements are

based on the U.S. Standards for Grades

of Potatoes (7 CFR 51.1540–51.1566),

and the size must be marked consistent

with § 51.1545 of the standards.

This rule will relax pack requirements

to allow handlers to ship U.S. No. 2

grade potatoes in one-piece 50-pound

fiberboard cartons of natural kraft color

provided the carton is permanently and

conspicuously marked as to grade. This

will enable handlers to ship a

substantial amount of U.S. No. 2

potatoes in cartons, thus meeting

customer demands and maximizing

producer returns.

The Idaho-Eastern Oregon Potato

Committee, the agency responsible for

local administration of the marketing

order, met on January 18, 2000, and

again by telephone on February 3, 2000,

and unanimously recommended the

relaxation of pack requirements to allow

handlers to ship U.S. No. 2 or better

grade potatoes in one-piece 50-pound

fiberboard cartons of natural kraft color

provided the cartons are permanently

and conspicuously marked as to grade.

To meet the needs of the food service

industry, the Committee recommended

the relaxation of pack requirements to

allow handlers to ship U.S. No. 2 grade

potatoes in one-piece 50-pound

fiberboard cartons of natural kraft color

that are permanently and conspicuously

marked as to grade. Currently, potatoes

packed in cartons are required to grade

at least U.S. No. 1. At its meeting on

January 18, 2000, the unanimous

consensus of the Committee was that

pack requirements should be relaxed.

The Committee then conducted a

telephone vote on February 3, 2000, and

unanimously passed a motion to relax

the pack requirements.

Customers have been requesting U.S.

No. 2 grade potatoes in 50-pound

cartons because of difficulties

encountered in handling the currently

used 50-pound burlap or paper bags.

The burlap bags are messy, difficult to

handle, and do not stack well on pallets.

The paper bags often tear and are

equally difficult to handle or stack.

Warehouses that use electronic bar

codes have reported less administration

and recordkeeping problems with

cartons than bags because the codes are

more legible on cartons.

Many customers now purchase

potatoes from other areas where U.S.

No. 2 potatoes are packed in 50-pound

cartons. The Committee would like to

respond to these changing market

conditions so that handlers will remain

25626 Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations

competitive with the other areas and not

lose sales.

The Committee also recognized the

need to distinguish these U.S. No. 2

grade potatoes in cartons from the

industry’s traditional premium U.S. No.

1 grade pack in cartons. Without such

a distinction, buyers might become

confused and the U.S. No. 2 grade

potatoes in cartons might have a price

depressing effect on the premium U.S.

No. 1 grade pack in cartons. The

Committee was also concerned that

buyers not have the opportunity to relid cartons with misleading or erroneous

information on the pack and grade of

the potatoes. Therefore the Committee

included in their recommendation that

the fiberboard cartons be of one-piece

construction, of a natural kraft color,

and permanently and conspicuously

marked to grade.

Pursuant to the 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

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 rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 63 handlers

of Idaho-Eastern Oregon potatoes who

are subject to regulation under the

marketing order and about 1,600 potato

producers in the regulated area. Small

agricultural service firms, which

include potato handlers, have been

defined by the Small Business

Administration (13 CFR 121.201) as

those having annual receipts of less than

$5,000,000, and small agricultural

producers are defined as those whose

annual receipts are less than $500,000.

A majority of these handlers and

producers may be classified as small

entities.

This rule would relax pack

requirements to allow handlers to ship

U.S. No. 2 grade potatoes in one-piece

50-pound fiberboard cartons of natural

kraft color provided the cartons are

permanently and conspicuously marked

as to grade. This would enable handlers

to ship a substantial amount of U.S. No.

2 potatoes in cartons, thus meeting

customer demands and maximizing

producer returns.

The Idaho-Eastern Oregon Potato

Committee, the agency responsible for

local administration of the marketing

order, met on January 18, 2000, and

again by telephone on February 3, 2000,

and unanimously recommended the

relaxation of pack requirements.

The relaxation of pack requirements

to allow handlers to ship U.S. No. 2

grade potatoes in one-piece 50-pound

fiberboard cartons of natural kraft color

provided the cartons are permanently

and conspicuously marked as to grade is

expected to allow the industry to ship

more potatoes. Currently, potatoes

packed in cartons are required to grade

at least U.S. No. 1. At its meeting on

January 18, 2000, the unanimous

consensus of the Committee was that

pack requirements should be relaxed.

The Committee then conducted a

telephone vote on February 3, 2000, and

unanimously passed the pack relaxation

motion.

Customers have been requesting U.S.

No. 2 grade potatoes in 50-pound

cartons because of difficulties

experienced in handling the currently

used 50-pound burlap or paper bags.

The burlap bags are messy, difficult to

handle, and do not stack well on pallets.

The paper bags often tear and are

equally difficult to handle or stack.

Warehouses that use electronic bar

codes have reported less administration

and recordkeeping problems with

cartons than bags because the codes are

more legible on cartons.

Many customers now purchase

potatoes from other areas where U.S.

No. 2 potatoes are packed in 50-pound

cartons. The Committee would like to

respond to these changing market

conditions so that handlers will remain

competitive with other areas and not

lose sales.

The Committee also recognized the

need to distinguish the U.S. No. 2 grade

potatoes in cartons from this industry’s

traditional premium U.S. No. 1 grade

pack in cartons. Without such a

distinction, buyers might become

confused and the U.S. No. 2 grade

potatoes in cartons might have a price

depressing effect on the premium U.S.

No. 1 grade pack in cartons. The

Committee was also concerned that

buyers not have the opportunity to relid cartons with misleading or erroneous

information on the pack and grade of

the potatoes. Therefore, the Committee

included in its recommendation that the

fiberboard cartons be of one-piece

construction, of a natural kraft color,

and be permanently and conspicuously

marked to grade.

At the meetings the Committee

discussed the impact of allowing U.S.

No. 2 potatoes in one-piece 50 pound

cartons. The Committee believes that

the recommendation should increase

the sale of U.S. No. 2 grade potatoes to

the food service industry. Information

from the Committee indicates that

during an average season,

approximately 10 percent of the fresh

potato shipments from the production

area are of U.S. No. 2 grade, and that

approximately 20 percent of the

potatoes going to the food service

industry are of U.S. No. 2 grade. This

action is expected to further increase

shipments to the food service industry,

and help the Idaho-Eastern Oregon

potato industry benefit from the

increased growth in the food service

industry.

The relaxation of pack requirements

allowing handlers to ship U.S. No. 2

grade potatoes in cartons might require

the purchase of new equipment that can

handle one-piece cartons. However,

these costs are expected to be minimal

and would be offset by the benefits of

being able to ship U.S. No. 2 grade

potatoes in that manner. The benefits of

this rule are not expected to be

disproportionately greater or lesser for

small entities than large entities.

As alternatives to this action, the

Committee considered various

alternatives to distinguish U.S. No. 2

grade potatoes packed in cartons from

the traditional premium carton pack of

U.S. No. 1 grade potatoes. The

Committee decided that it was

important that there be a clear

distinction between the packs to ensure

that the shipments of U.S. No. 2

potatoes in cartons not negatively

impact the market for U.S. No. 1

potatoes in cartons.

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 sectors. The

Department has not identified any

relevant Federal rules that duplicate,

overlap, or conflict with this rule.

Further, the Committee’s meetings

were widely publicized throughout the

potato industry, and all interested

persons were invited to attend the

meetings and participate in Committee

deliberations. Like all Committee

meetings, the January 18, 2000, meeting

was a public meeting and all entities,

both large and small, were able to

express their views on this issue. The

Committee itself is composed of eight

members, of whom three are handlers

and five are producers. Finally,

interested persons are invited to submit

Federal Register / Vol. 65, No. 86 / Wednesday, May 3, 2000 / Rules and Regulations 25627

information on 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/fv/

moab.html. Any questions about the

compliance guide should be sent to Jay

Guerber at the previously mentioned

address in the FOR FURTHER INFORMATION

CONTACT section.

After consideration of all relevant

material presented, including the

information and recommendation

submitted by the Committee and other

available information, it is hereby found

that this rule, as hereinafter set forth,

will tend to effectuate the declared

policy of the Act.

A 60-day comment period is provided

to allow interested persons to respond

to this interim final rule. All written

comments timely received will be

considered before a final determination

is made on this matter.

Pursuant to 5 U.S.C. 553, it also is

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 not postponing the effective

date of this action until 30 days after

publication in the Federal Register

because: (1) The Committee

unanimously recommended this

relaxation in pack requirements; (2)

handlers would like to take advantage of

the relaxation as soon as possible to

better meet buyer needs; (3) handlers are

aware of this action which was

discussed by the Committee at public

meetings; and (4) handlers are currently

shipping U.S. No. 2 grade potatoes.

List of Subjects in 7 CFR Part 945

Marketing agreements, Potatoes,

Reporting and recordkeeping

requirements.

For the reasons set forth above, 7 CFR

part 945 is amended as follows:

PART 945—IRISH POTATOES GROWN

IN CERTAIN DESIGNATED COUNTIES

OF IDAHO, AND MALHEUR COUNTY,

OREGON

1. The authority citation for 7 CFR

part 945 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. In § 945.341, paragraph (b)(2) is

removed, and paragraphs (b)(3) and

(b)(4) are redesignated as paragraphs

(b)(2) and (b)(3), respectively, and

paragraph (c)(2) is revised to read as

follows:

§ 945.341 Handling regulation.

* * * * *

(c) * * *

(2) Potatoes packed in cartons (except

when used as a master container) shall

be either:

(i) U.S. No. 1 grade or better, except

potatoes of U.S. Extra No. 1 shall be no

smaller than 110 size nor larger than 60

size; or

(ii) U.S. No. 2 grade in one-piece 50-

pound fiberboard cartons of natural

kraft color, provided the cartons are

permanently and conspicuously marked

as to grade.

* * * * *

Dated: April 28, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–11089 Filed 5–1–00; 11:22 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 99–NM–338–AD; Amendment

39–11709; AD 2000–09–01]

RIN 2120–AA64

Airworthiness Directives; McDonnell

Douglas Model DC–8 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment supersedes

an existing airworthiness directive (AD),

applicable to certain McDonnell

Douglas Model DC–8 series airplanes,

that currently requires a revision to the

Airplane Flight Manual Supplement to

ensure that the main deck cargo door is

closed, latched, and locked; repetitive

inspections of the wire bundle and door

latch rollers to detect damage; and

repair or replacement of damaged

components. This amendment requires,

among other actions, modification of the

indication and hydraulic systems of the

main deck cargo door, and installation

of a means to prevent pressurization to

an unsafe level if the main deck cargo

door is not closed, latched, and locked.

This amendment is prompted by the

FAA’s determination that certain main

deck cargo door systems do not provide

an adequate level of safety; the latching

and locking mechanisms are not of

adequate design to prevent structural

deformation in the event of component

jamming; and that there is an absence of

a means to prevent pressurization to an

unsafe level if the main deck cargo door

is not closed, latched, and locked. The

actions specified by this AD are

intended to prevent opening of the cargo

door while the airplane is in flight, and

consequent rapid decompression of the

airplane including possible loss of the

door, flight control, or severe structural

damage.

DATES: Effective June 7, 2000.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of June 7,

2000.

ADDRESSES: The service information

referenced in this AD may be obtained

from National Aircraft Service, Inc.

(NASI), 9133 Tecumseh-Clinton Road,

Tecumseh, MI 49286. This information

may be examined at the Federal

Aviation Administration (FAA),

Transport Airplane Directorate, Rules

Docket, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Transport Airplane Directorate, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California; or at the Office of the Federal

Register, 800 North Capitol Street, NW.,

suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Michael E. O’Neil, Aerospace Engineer,

Airframe Branch, ANM–120L, FAA,

Transport Airplane Directorate, Los

Angeles Aircraft Certification Office,

3960 Paramount Boulevard, Lakewood,

California 90712–4137; telephone (562)

627–5320; fax (562) 627–5210.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39)

by superseding AD 93–20–02,

amendment 39–8709 (58 FR 53635,

October 18, 1993), which is applicable

to certain McDonnell Douglas Model

DC–8 series airplanes, was published in

the Federal Register on December 22,

1999 (64 FR 71689). The action

proposed to continue to require a

revision to the Airplane Flight Manual

Supplement (AFMS) to ensure that the

main deck cargo door is closed, latched,

and locked; repetitive inspections of the

wire bundle and door latch rollers to

detect damage; and repair or

replacement of damaged components.

The action also proposed to require,

among other actions, modification of the

indication and hydraulic systems of the

main deck cargo door, and installation

of a means to prevent pressurization to

an unsafe level if the main deck cargo

door is not closed, latched, and locked.

Comment Received

Interested persons have been afforded

an opportunity to participate in the