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contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

26109 

Vol. 79, No. 88 

Wednesday, May 7, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–14–0026; FV14–946–1 

IR] 

Irish Potatoes Grown in Washington; 

Modification of the Handling 

Regulations for Yellow Fleshed and 

White Types of Potatoes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule. 

SUMMARY: This rule extends the 

temporary exemption of yellow fleshed 

and white skin (white types) potatoes 

from minimum quality, maturity, pack, 

marking, and inspection requirements 

under the Washington potato marketing 

order through the 2014–2015 and 

subsequent fiscal periods. Without this 

action, the temporary exemption 

currently in effect would end on June 

30, 2014. The marketing order regulates 

the handling of Irish potatoes grown in 

Washington and is administered locally 

by the State of Washington Potato 

Committee (Committee). This rule is 

expected to reduce overall industry 

expenses and increase net returns to 

producers and handlers while 

continuing to give the industry the 

opportunity to explore alternative 

marketing strategies. 

DATES: Effective July 1, 2014; comments 

received by July 7, 2014 will be 

considered prior to issuance of 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 and Agreement Division, Fruit 

and Vegetable Program, 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 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson, Marketing 

Specialist, or Gary 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: 

Teresa.Hutchinson@ams.usda.gov or 

GaryD.Olson@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation 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 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 Orders 

12866, 13563, and 13175. 

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 

entry of the ruling. 

This rule extends the temporary 

exemption of yellow fleshed and white 

types of potatoes from the order’s 

handling regulations through the 2014– 

2015 and subsequent fiscal periods. 

Without this action, the temporary 

exemption currently in effect would end 

on June 30, 2014. This rule allows the 

Washington potato industry to continue 

to market yellow fleshed and white 

types of potatoes without regard to the 

minimum quality, maturity, pack, 

marking, and inspection requirements 

prescribed under the order. 

The order authorizes the 

establishment of handling regulations 

for all varieties or varietal types of 

potatoes grown in the production area. 

These regulations can include minimum 

grade, size, quality, or maturity 

requirements. They can also stipulate 

the size, capacity, weight, dimensions, 

pack, marking, or labeling of containers 

used in the handling of such potatoes. 

The handling regulations may be 

modified, suspended, or terminated 

upon the recommendation of the 

Committee and the approval of the 

Secretary. When handling regulations 

are in effect, regulated potatoes must be 

inspected and certified by the FederalState Inspection Service (FSIS). 

The above-described authorities are 

found in §§ 946.51, 946.52, and 946.60 

of the order. Supporting rules and 

regulations for these authorities are 

found in § 946.336. 

The Committee meets regularly to 

consider the effectiveness of regulatory 

requirements in place for Washington 

potatoes. These requirements are issued 

on a continuing basis and may be 

modified, suspended, or terminated 

upon recommendation of the Committee 

and approval by USDA. Committee 

meetings are open to the public, and 

interested persons may express their 

views at these meetings. USDA reviews 


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26110 Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 

recommendations made by the 

Committee, along with any additional 

information submitted by the 

Committee and other available 

information, and determines whether 

such recommendations would tend to 

effectuate the declared policy of the Act. 

The Committee met on July 16, 2013, 

and unanimously recommended 

exempting yellow fleshed and white 

types of potatoes from the handling 

regulations through June 30, 2014. This 

recommendation was implemented by 

USDA in an interim rule published in 

the Federal Register on October 23, 

2013 [78 FR 62967], and finalized on 

May 2, 2014 [79 FR 24997]. 

During the temporary exemption, 

yellow fleshed and white types of 

potatoes were able to be handled 

without regard for the order’s handling 

and inspection requirements. The 

Committee initiated this action to 

evaluate the potential cost savings, and 

the corresponding impact on the market, 

that might result from such an 

exemption. 

Since October 24, 2013, initiation of 

the exemption period, handlers have 

called upon FSIS only intermittently to 

inspect and certify yellow fleshed and 

white types of potatoes prior to 

shipment in order to meet their 

customers’ needs or market 

requirements. With full-time inspection 

no longer mandatory, handlers were 

able to coordinate the timing and 

utilization of inspection services to meet 

the needs of their individual operations, 

resulting in reduced costs. No negative 

market impacts were experienced as a 

result of the temporary exemption of 

yellow fleshed and white types of 

potatoes from the handling regulations. 

Handlers have continued to meet their 

customers’ specifications, either with 

voluntary inspection or no inspection, 

during the temporary exemption. 

Therefore, the Committee believes that 

the temporary exemption of yellow 

fleshed and white types of potatoes has 

reduced industry costs without 

negatively impacting the market. 

At its December 10, 2013, meeting, 

the Committee unanimously 

recommended indefinitely extending 

the temporary exemption for yellow 

fleshed and white types of potatoes from 

the handling regulations past the 

previously established end date of June 

30, 2014. Therefore, this rule modifies 

§ 946.336 to exempt yellow fleshed and 

white types of potatoes from handling 

regulations through the 2014–2015 and 

subsequent fiscal periods. 

As a result of this exemption, yellow 

fleshed and white types of potatoes will 

not be subject to the minimum grade, 

size, quality, maturity, pack, marking, 

and inspection requirements of the 

order for the 2014–2015 fiscal period 

and subsequent fiscal periods. However, 

assessments on all fresh yellow fleshed 

and white types of potatoes handled 

under the order will remain in effect 

during the exemption period. Also 

during this interval, handlers will 

continue to be required to submit 

reports of their shipments of fresh 

yellow fleshed and white types of 

potatoes to the Committee for the 

purposes of collecting assessments and 

compiling industry statistics. 

Although this rule continues to 

provide handlers of yellow fleshed and 

white types of potatoes the opportunity 

to decrease their total costs by 

eliminating the expenses associated 

with mandatory inspection, it does not 

restrict handlers from seeking 

inspection on a voluntary basis. In 

addition, the Committee will continue 

to monitor and evaluate the effects of 

the exemption on marketing and 

producer returns at future Committee 

meetings. 

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 

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 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 43 handlers of Washington 

potatoes subject to regulation under the 

order and approximately 267 producers 

in the regulated production area. 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) 

For the 2011–2012 marketing year, the 

Committee reports that 11,018,670 

hundredweight of Washington potatoes 

were shipped into the fresh market. 

Based on average f.o.b. prices estimated 

by the USDA’s Economic Research 

Service and Committee data on 

individual handler shipments, the 

Committee estimates that 42, or 

approximately 98 percent of the 

handlers, had annual receipts of less 

than $7,000,000. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service, the average producer 

price for Washington potatoes for 2011– 

2012 was $7.90 per hundredweight. The 

average gross annual revenue for the 267 

Washington potato producers is 

therefore calculated to be approximately 

$326,021. In view of the foregoing, the 

majority of Washington potato handlers 

and producers may be classified as 

small entities. 

This rule extends the temporary 

exemption of yellow fleshed and white 

types of potatoes from the handling 

regulations through the 2014–2015 and 

subsequent fiscal periods. The industry 

is concerned that the cost of mandatory 

inspection, which has increased, 

outweighs the benefits of having quality 

regulations in place. The extension of 

the temporary exemption is expected to 

further reduce overall industry expenses 

and continue to provide the industry 

with the opportunity to explore 

alternative marketing strategies. 

The authority for regulation is 

provided in § 946.52 of the order. In 

addition, the handling regulations are 

specified under § 946.336 of the order’s 

administrative rules and regulations. 

The Committee does not anticipate 

that this rule will negatively impact 

small businesses. This rule will exempt 

yellow fleshed and white types of 

potatoes from minimum quality, 

maturity, pack, marking, and inspection 

requirements. Though inspections are 

not mandatory for such potatoes during 

the exemption period, handlers may 

voluntarily choose to have their 

potatoes inspected. Handlers are thus 

able to control costs based on the 

demands of their customers. 

The Committee discussed alternatives 

to this recommendation, including 

taking no action and allowing the 

temporary exemption to lapse on June 

30, 2014. However, the Committee 

believes that the temporary exemption 

for yellow fleshed and white types of 

potatoes has been successful, and 

recommended extending the exemption 

of yellow fleshed and white types of 

potatoes from the handling regulation 

indefinitely. 

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. 

During the exemption period, 

handlers will continue to be required to 

report fresh shipments of yellow fleshed 


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Federal Register / Vol. 79, No. 88 / Wednesday, May 7, 2014 / Rules and Regulations 26111 

and white types of potatoes monthly. 

While this rule requires a reporting 

requirement for shipments of yellow 

fleshed and white types of potatoes, 

their exemption from handling 

regulations also eliminates the more 

frequent reporting requirements 

imposed under the order’s special 

purpose shipment exemptions 

(§ 946.336(d) and (e)). Under these 

paragraphs, handlers are required to 

provide detailed reports whenever they 

divert regulated potatoes for livestock 

feed, charity, seed, prepeeling, 

processing, grading and storing in 

specified counties in Oregon, and 

experimentation. 

Therefore, any additional reporting or 

recordkeeping requirements on either 

small or large handlers of yellow fleshed 

and white types of potatoes are expected 

to be offset by the elimination of the 

other reporting requirements currently 

in effect. In addition, the exemption 

from handling regulations and 

inspection requirements for yellow 

fleshed and white types of potatoes is 

expected to reduce industry expenses. 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule. 

The Committee’s meetings were 

widely publicized throughout the 

Washington potato industry, and all 

interested persons were invited to 

participate in Committee deliberations. 

Like all Committee meetings, the 

December 10, 2013, meeting was a 

public meeting. All entities, both large 

and small, were able to express views 

on this issue. Further, 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: http://www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

This interim rule invites comments on 

the exemption of yellow fleshed and 

white types of potatoes from the 

handling regulations for the 2014–2015 

and subsequent fiscal periods. 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 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 not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

because: (1) Any changes resulting from 

this rule should be effective July 1, 

2014, because the temporary exemption 

for Washington yellow fleshed and 

white types of potatoes from the 

handling regulations ends on June 30, 

2014; (2) the Committee discussed and 

unanimously recommended these 

changes at a public meeting, and all 

interested parties had an opportunity to 

provide input; (3) potato handlers are 

aware of this action and want to take 

advantage of this handling regulation 

relaxation; 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 946 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 946 is amended as 

follows: 

PART 946—IRISH POTATOES GROWN 

IN WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 946 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. The introductory text of § 946.336 

is revised to read as follows: 

§ 946.336 Handling regulation. 

No person shall handle any lot of 

potatoes unless such potatoes meet the 

requirements of paragraphs (a), (b), (c), 

and (g) of this section or unless such 

potatoes are handled in accordance with 

paragraphs (d) and (e), or (f) of this 

section, except that shipments of the 

blue or purple flesh varieties of potatoes 

shall be exempt from both this handling 

regulation and the assessment 

requirements specified in § 946.41: 

Provided, That yellow fleshed, white, 

red, and russet type potatoes shall be 

exempt from the requirements of 

paragraphs (a), (b), (c), (e), and (g) of this 

section. 

* * * * * 

Dated: May 1, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–10369 Filed 5–6–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 23 

[Docket No. FAA–2014–0155; Notice No. 23– 

262–SC] 

Special Conditions: Extra 

Flugzeugproduktions and Vertriebs 

[Extra] GmbH, EA–300/LC; Acrobatic 

Category Aerodynamic Stability 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Extra EA–300/LC 

airplane. This airplane will have a novel 

or unusual design feature(s) associated 

with static stability. This airplane can 

perform at the highest level of aerobatic 

competition. To be competitive, the 

aircraft was designed with positive and, 

at some points, neutral stability within 

its flight envelope. Its lateral and 

directional axes are also decoupled from 

each other providing more precise 

maneuvering. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for these design features. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards 

to EA–300/LC airplanes certified solely 

in the acrobatic category. 

DATES: These special conditions are May 

7, 2014, and are applicable beginning 

April 25, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ross Schaller, Federal Aviation 

Administration, Small Airplane 

Directorate, Aircraft Certification 

Service, 901 Locust, Room 301, Kansas 

City, Missouri 64106; telephone (816) 

329–4162; facsimile (816) 329–4090. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 3, 2011, Extra GmbH 

applied for an amendment to Type 

Certificate No. A67EU to include the 

model number, EA–300/LC. The EA– 


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