3140 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations 

reduced funding for the marketing 

program and management fees while 

still providing adequate funding to meet 

program expenses. 

This rule continues in effect the 

action that decreased the assessment 

obligation imposed on handlers. 

Assessments are applied uniformly on 

all handlers, and some of the costs may 

be passed on to producers. However, 

decreasing the assessment rate reduces 

the burden on handlers, and may reduce 

the burden on producers. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Texas citrus industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the June 5, 2014, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express views on this issue. 

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. 0581–0189 Generic 

Fruit Crops. No changes in those 

requirements as a result of this action 

are anticipated. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Texas orange 

and grapefruit 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this rule. 

Comments on the interim rule were 

required to be received on or before 

October 14, 2014. No comments were 

received. Therefore, for 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-14-0054- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, 13175, 

and 13563; the Paperwork Reduction 

Act (44 U.S.C. Chapter 35); and the EGov Act (44 U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (79 FR 47551, August 14, 2014) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 906 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements. 

PART 906—ORANGES AND 

GRAPEFRUIT GROWN IN LOWER RIO 

GRANDE VALLEY IN TEXAS 

■ Accordingly, the interim rule 

amending 7 CFR part 906, which was 

published at 79 FR 47551 on August 14, 

2014, is adopted as a final rule, without 

change. 

Dated: January 15, 2015. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2015–01016 Filed 1–21–15; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–14–0092; FV15–948–1 

IR] 

Irish Potatoes Grown in Colorado; 

Relaxation of the Handling Regulation 

for Area No. 3 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule revises the 

minimum quantity exception for 

potatoes handled under the Colorado 

potato marketing order, Area No. 3 

(order). The order regulates the handling 

of Irish potatoes grown in Colorado and 

is administered locally by the Colorado 

Potato Administrative Committee, Area 

No. 3 (Committee). This rule increases 

the quantity of potatoes that may be 

handled under the order without regard 

to the order’s handling regulation 

requirements from 1,000 to 2,000 

pounds. This action is expected to 

benefit producers and handlers. 

DATES: Effective January 23, 2015; 

comments received by March 23, 2015 

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: 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 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 Agreement 

No. 97 and 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 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 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations 3141 

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 

the entry of the ruling. 

This rule revises the minimum 

quantity exception currently prescribed 

in the handling regulation for potatoes 

handled under the order. This rule will 

increase the quantity of potatoes that 

may be handled without regard to the 

order’s handling requirements from 

1,000 to 2,000 pounds. Relaxing the 

minimum quantity exception is 

expected to benefit producers and 

handlers. The rule was unanimously 

recommended by the Committee at a 

meeting on May 14, 2014. 

Section 948.4 of the order divides the 

State of Colorado into three areas of 

regulation for marketing order purposes. 

These areas include: Area No. 1, 

commonly known as the Western Slope; 

Area No. 2, commonly known as San 

Luis Valley; and, Area No. 3, which 

consists of the remaining producing 

areas within the State of Colorado not 

included in the definition of Area No. 

1 or Area No. 2. Currently, the order 

only regulates the handling of potatoes 

produced in Area No. 2 and Area No. 3. 

Regulation for Area No. 1 has been 

suspended. 

Section 948.50 of the order establishes 

committees as administrative agencies 

for each of the areas set forth under 

§ 948.4. Section 948.22(a) of the order 

authorizes the issuance of grade, size, 

quality, maturity, pack, and container 

regulations for potatoes grown in the 

order’s production area. Further, section 

948.22(b)(2) of the order provides 

authority for each area committee to 

recommend modification of regulations 

to provide for minimum quantities that 

should be relieved of regulatory or 

administrative obligations. 

Section 948.387 of the order’s 

administrative rules prescribes grade, 

size, maturity, and inspection 

requirements for Colorado Area No. 3 

potatoes. Paragraph (f) of that section 

prescribes the minimum quantity of 

potatoes that are exempt from 

regulation. Currently, each person may 

handle up to 1,000 pounds of potatoes 

without regard to the order’s handling 

requirements. 

At its meeting on May 14, 2014, the 

Committee unanimously recommended 

increasing the order’s minimum 

quantity exception from 1,000 to 2,000 

pounds. The recommendation was made 

at the request of producers and handlers 

who wanted greater flexibility in 

distributing smaller quantities of 

potatoes. In its deliberations, the 

Committee commented that 2,000 

pounds is consistent with the current 

weight of a pallet of potatoes. One pallet 

is typically the smallest lot of potatoes 

distributed, since most delivery vehicles 

are now capable of transporting at least 

2,000 pounds. 

Handlers also feel that the value of 

one pallet of potatoes does not warrant 

the cost of complying with the order’s 

regulations. Based on an estimated 

average f.o.b. price of $10.70, the value 

of one pallet of potatoes is 

approximately $214.00. Increasing the 

minimum quantity exception from 1,000 

to 2,000 pounds of potatoes will allow 

a handler to ship one pallet of potatoes 

without regard to the order’s handling 

requirements. Relaxing the minimum 

quantity is expected to benefit 

producers and handlers. 

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 approximately 6 handlers of 

Colorado Area No. 3 potatoes subject to 

regulation under the order and 

approximately 6 producers in the 

regulated production area. Small 

agricultural service firms are defined by 

the Small Business Administration 

(SBA) 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 2013–2014 fiscal period, 

the most recent for which statistics are 

available, 663,025 hundredweight of 

Colorado Area No. 3 potatoes were 

inspected under the order and sold into 

the fresh market. The USDA Market 

News Service reported a 2013–2014 

average f.o.b. price of $10.70 per 

hundredweight. Multiplying $10.70 by 

the shipment quantity of 663,025 

hundredweight yields a shipping point 

revenue estimate of $7,094,368. The 

average annual fresh potato revenue for 

each of the 6 Colorado Area No. 3 potato 

handlers is therefore calculated to be 

approximately $1,182,395 ($7,094,368 

divided by 6), which is less than the 

SBA threshold of $7,000,000. In view of 

the foregoing, the majority of Colorado 

Area No. 3 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 2013 Colorado fall potato 

crop was $7.25 per hundredweight. 

Multiplying $7.25 by the shipment 

quantity of 663,025 hundredweight 

yields an annual crop revenue estimate 

of $4,806,931. The average annual fresh 

potato revenue for each of the 6 

Colorado Area No. 3 potato producers is 

therefore calculated to be approximately 

$801,155 ($4,806,931 divided by 6), 

which is greater than the SBA threshold 

of $750,000. Consequently, on average, 

most of the Colorado Area No. 3 potato 

producers may not be classified as small 

entities. 

This rule revises the quantity of 

potatoes that may be handled without 

regard to the requirements of 

§ 948.387(a) and (b) of the order from 

1,000 to 2,000 pounds. At the May 14, 

2014 meeting, the Committee 

unanimously recommended increasing 

the minimum quantity exception to be 

consistent with the approximate weight 

of one pallet of potatoes. Authority for 

the establishment and modification of a 

minimum quantity exception is 

provided in § 948.22(b)(2) of the order. 

This rule amends the provisions in 

§ 948.387(f). 

This action is not expected to increase 

the costs associated with the order’s 

requirements. Rather, it is anticipated 

that this change will have a beneficial 

impact. The Committee believes it will 

provide greater flexibility in the 

distribution of small quantities of 

potatoes. Currently, the distribution of 

potatoes between 1,000 and 2,000 

pounds requires an inspection and 

certification that the product conforms 

to the grade, size, and maturity 

requirements of the order. This 

translates into a cost for handlers of 

both time and inspection fees, which is 

high in relation to the small value 

(approximately $214.00 per pallet) of 

these transactions. This action will 

allow shipments of up to 2,000 pounds 

of potatoes without regard to the order’s 

handling requirements and the related 

costs. The benefits for this rule are 

expected to be equally available to all 

fresh potato producers and handlers, 

regardless of their size. 

As an alternative to this action, the 

Committee discussed leaving the 

handling regulation unchanged. The 

Committee rejected this idea because a 


tkelley on DSK3SPTVN1PROD with RULES
3142 Federal Register / Vol. 80, No. 14 / Thursday, January 22, 2015 / Rules and Regulations 

pallet of potatoes weighs approximately 

2,000 pounds and the 1,000 pound 

minimum quantity exception did not 

accommodate this size shipment. No 

other alternatives were discussed. 

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 relaxes the minimum 

quantity exception under the order from 

1,000 to 2,000 pounds. Accordingly, this 

action will not impose any additional 

reporting or recordkeeping requirements 

on either small or large Colorado Area 

No. 3 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. 

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. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Colorado Area No. 3 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 May 

14, 2014, meeting was a public meeting 

and all entities, both large and small, 

were able to express their views on this 

issue. Finally, 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 rule invites comments on an 

increase to the quantity of potatoes that 

may be handled under the order without 

regard to the handling requirements. 

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 as soon as 

practicable because the shipping season 

for Colorado potatoes began in 

September of 2014; (2) the Committee 

unanimously recommended this change 

at a public meeting and interested 

parties had an opportunity to provide 

input; (3) potato handlers are aware of 

this action and want to take advantage 

of this 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 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth above, 7 CFR 

part 948 is amended as follows: 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

■ 1. The authority citation for 7 CFR 

part 948 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Amend § 948.387(f) to read as 

follows: 

§ 948.387 Handling regulation. 

* * * * * 

(f) Minimum quantity. For purpose of 

regulation under this part, each person 

may handle up to but not to exceed 

2,000 pounds of potatoes per shipment 

without regard to the requirements of 

paragraphs (a) and (b) of this section, 

but this exception shall not apply to any 

shipment of over 2,000 pounds of 

potatoes. 

* * * * * 

Dated: January 15, 2015. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2015–01014 Filed 1–21–15; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 985 

[Doc. No. AMS–FV–13–0087; FV14–985–1B 

IR] 

Marketing Order Regulating the 

Handling of Spearmint Oil Produced in 

the Far West; Revision of the Salable 

Quantity and Allotment Percentage for 

Class 3 (Native) Spearmint Oil for the 

2014–2015 Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This interim rule revises the 

quantity of Class 3 (Native) spearmint 

oil that handlers may purchase from, or 

handle on behalf of, producers during 

the 2014–2015 marketing year under the 

Far West spearmint oil marketing order. 

This rule increases the Native spearmint 

oil salable quantity from 1,090,821 

pounds to 1,280,561 pounds and the 

allotment percentage from 46 percent to 

54 percent. The marketing order 

regulates the handling of spearmint oil 

produced in the Far West and is 

administered locally by the Spearmint 

Oil Administrative Committee 

(Committee). The Committee 

recommended this rule for the purpose 

of maintaining orderly marketing 

conditions in the Far West spearmint oil 

market. 

DATES: Effective January 22, 2015 and 

applicable to the 2014–2015 marketing 

year; comments received by March 23, 

2015 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 


tkelley on DSK3SPTVN1PROD with RULES