Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations 41413 

906.365, and 944.312. Authority for the 

change in the order’s rules and 

regulations is provided in § 906.40. The 

change in the import regulation is 

required under section 8e of the Act. 

This action is not expected to increase 

the costs associated with the order 

requirements or the orange import 

regulation. Rather, it is anticipated that 

this action will have a beneficial impact. 

Reducing the size requirement makes 

additional fruit available for shipment 

to the fresh market. The Committee 

believes that this provides additional 

fruit to fill a shortage in the fresh market 

and provides the opportunity to fulfill a 

growing consumer demand for smaller 

sized fruit. This action also provides an 

outlet for fruit that may otherwise go 

unharvested, maximizing fresh 

shipments and increasing returns to 

handlers and growers. The benefits of 

this rule are expected to be equally 

available to all fresh orange growers, 

handlers, and importers, regardless of 

their size. 

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 necessary. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

citrus 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, 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 Texas 

citrus industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the December 11, 2013, 

meeting was a public meeting and all 

entities, both large and small, were able 

to express their views on this issue. 

Comments on the interim rule were 

required to be received on or before 

April 29, 2014. No comments were 

received. Therefore, for the 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-14-0009- 

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). 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this final rule. 

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 11297, February 28, 

2014) will tend to effectuate the 

declared policy of the Act. 

List of Subjects 

7 CFR Part 906 

Grapefruit, Marketing agreements, 

Oranges, Reporting and recordkeeping 

requirements. 

7 CFR Part 944 

Avocados, Food grades and standards, 

Grapefruit, Grapes, Imports, Kiwifruit, 

Limes, Olives, Oranges. 

PARTS 906 and 944—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR parts 906 and 944 and 

that was published at 79 FR 11297 on 

February 28, 2014, is adopted as final 

without change. 

Dated: July 10, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–16638 Filed 7–15–14; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 and Part 980 

[Doc. No. AMS–FV–13–0068; FV13–946–3 

FIR] 

Irish Potatoes Grown in Washington 

and Imported Potatoes; Modification of 

the Handling Regulations, Reporting 

Requirements, and Import Regulations 

for Red Types of Potatoes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as a 

final rule. 

SUMMARY: The Department of 

Agriculture is adopting, as a final rule, 

without change, an interim rule that 

exempted red types of potatoes from 

minimum quality, maturity, pack, 

marking, and inspection requirements of 

the Washington potato marketing order 

and the potato import regulation for the 

2013–2014 and subsequent fiscal 

periods. This rule also continues in 

effect the action that required handlers 

of red types of potatoes to submit 

reports during the period that red types 

of potatoes are exempt from regulation. 

This rule is expected to reduce overall 

industry expenses and increase net 

returns to producers and handlers while 

giving the industry the opportunity to 

explore alternative marketing strategies. 

DATES: Effective July 21, 2014. 

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 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/

MarketingOrdersSmallBusinessGuide; 

or 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.’’ 

This rule is also issued under section 

8e of the Act, which provides that 

whenever certain specified 

commodities, including potatoes, are 

regulated under a Federal marketing 

order, imports of these commodities 

into the United States is prohibited 

unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for domestically produced commodities. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 13175. 

The handling of Irish potatoes grown 

in Washington is regulated by 7 CFR 

part 946. Prior to this change, red types 


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41414 Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations 

of potatoes were subject to the 

requirements contained in the order’s 

handling regulations (§ 946.336). The 

Washington potato industry was 

concerned that the cost of mandatory 

inspection for red types of potatoes, 

which has increased, may outweigh the 

benefits of having the quality 

regulations in place. By exempting red 

types of potatoes from handling 

regulations, the industry expects to 

reduce overall expenses and provide 

handlers the opportunity to explore 

alternative marketing strategies. 

Therefore, this rule continues in effect 

the interim rule that exempted red types 

of potatoes from the order’s handling 

regulations for the remainder of the 

2013–2014 fiscal period and subsequent 

fiscal periods. This rule also continues 

in effect the action that required 

handlers of red types of potatoes to 

submit reports during the period that 

red types of potatoes are exempt from 

regulation. Assessments on all fresh red 

types of potatoes handled under the 

order will remain in effect during the 

exemption period. 

Imported potatoes are subject to 

regulations specified in 7 CFR part 980. 

Under those regulations, imported 

potatoes must meet the same or 

comparable grade, size, quality, and 

maturity requirements as specified for 

domestic potatoes under the order. 

Therefore, the exemption of red types of 

potatoes from the minimum grade, size, 

quality, and maturity requirements of 

the order also exempts red-skinned, 

round types of potatoes imported into 

the United States from the same 

requirements. 

In an interim rule published in the 

Federal Register on February 12, 2014, 

and effective February 15, 2014, (79 FR 

8253, Doc. No. FV–13–0068, FV13–946– 

3 IR), § 946.336 was amended to exempt 

red types of potatoes from the order’s 

handling requirements for the 

remainder of the 2013–2014 fiscal 

period and subsequent fiscal periods. In 

addition, § 946.143 was modified to 

require that each person handling red 

types of potatoes submit a monthly 

report to the State of Washington Potato 

Committee (Committee) during the 

period that red types of potatoes are 

exempt from regulation. Lastly, 

pursuant to the section 8e, § 980.1 was 

revised to exempt imported redskinned, round types of potatoes from 

the import regulations. 

Final 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 final 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. 

Taking the 2011–2012 shipments of 

fresh potatoes in the marketing order 

area (11,018,670 hundredweight), 

multiplying it by the average producer 

price for Washington potatoes, $7.90, 

and then dividing it by the number of 

Washington potato producers (267) 

equates to an average gross annual 

revenue per producer of approximately 

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

majority of Washington potato handlers 

and producers may be classified as 

small entities. 

Information from the Foreign 

Agricultural Service, USDA, indicates 

that the dollar value of imported fresh 

potatoes averaged $128.962 million 

from 2008 to 2012, ranging from a low 

of approximately $106.502 million in 

2012 to a high of approximately 

$155.358 million in 2008. Taking the 

average dollar value of imported fresh 

potatoes, $128.962 million, and dividing 

it by the number of potato importers, 

571, results in average annual receipts 

per importer of approximately $226,000. 

Since this is below the SBA definition 

for small businesses (less than $7 

million in annual sales), most potato 

importers may be classified as small 

entities. 

This rule continues in effect the 

action that exempted red types of 

potatoes from the order’s handling 

regulations and modified the order’s 

reporting requirements for the 

remainder of the 2013–2014 fiscal 

period and subsequent fiscal periods. 

This rule also continues in effect the 

action that exempted imported redskinned, round type potatoes from the 

minimum grade, size, quality, maturity, 

and inspection requirements of the 

potato import regulation. This change is 

expected to reduce overall industry 

expenses and provide the industry with 

the opportunity to explore alternative 

marketing strategies. 

This rule modifies §§ 946.143, 

946.336, and 980.1. Authority for the 

change in the order’s rules and 

regulations is provided in § 946.52 of 

the order, while authority for reports 

and records is provided in § 946.70. The 

change in the potato import regulation 

is required under section 8e of the Act. 

This rule is not anticipated to 

negatively impact small businesses. 

This rule exempts red types of potatoes 

from minimum quality, maturity, pack, 

marking, and inspection requirements 

for the remainder of the current fiscal 

period and subsequent fiscal periods. 

Though inspections are not mandatory 

for such potatoes during the exemption 

period, handlers may choose to 

voluntarily have their potatoes 

inspected. Handlers are thus able to 

control costs based on the demands of 

their customers. The opportunities and 

benefits of this rule are equally available 

to all Washington potato handlers and 

producers, regardless of their size. 

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. 

This rule continues in effect the 

action requiring the submission of a 

monthly handler report for fresh red 

types of potatoes handled during the 

exemption period. The action modified 

the ‘‘Russet Fresh Potato Report’’ that 

was previously established for reporting 

the handling of russet type potatoes to 

now include red types of potatoes 

during the period those types of 

potatoes are exempted from regulation. 

The modified form, now titled the ‘‘SelfReporting Potato Form,’’ will provide 

the Committee with information 

necessary to track shipments and collect 


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Federal Register / Vol. 79, No. 136 / Wednesday, July 16, 2014 / Rules and Regulations 41415 

assessments. The form modification has 

been approved by OMB. 

While this rule continues in effect the 

action requiring a reporting requirement 

for red types of potatoes, the exemption 

of red types of potatoes from handling 

regulation also eliminates, for the 

exemption period, 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 red 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 

regulation and inspection requirements 

for red types of potatoes is expected to 

reduce industry expenses. 

USDA 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 

Washington potato industry and all 

interested persons were invited to 

participate in Committee deliberations. 

Like all Committee meetings, the May 9, 

July 16, and December 10, 2013, 

meetings were public meetings. All 

entities, both large and small, were able 

to express views on this issue. 

Comments on the interim rule were 

required to be received on or before 

April 14, 2014. No comments were 

received. Accordingly, for the reasons 

given in the interim rule, USDA is 

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-13-0068- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866, 12988, and 

13563; the Paperwork Reduction Act (44 

U.S.C. Chapter 35); and the E-Gov Act 

(44 U.S.C. 101). 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this final rule. 

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 8253, February 12, 

2014) will tend to effectuate the 

declared policy of the Act. 

List of Subjects 

7 CFR Part 946 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 980 

Food grades and standards, Imports, 

Marketing agreements, Onions, Potatoes, 

Tomatoes. 

PARTS 946 and 980 [AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR parts 946 and 980 and 

that was published at 79 FR 8253 on 

February 12, 2014, is adopted as final 

without change. 

Dated: July 10, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–16635 Filed 7–15–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. AMS–FV–13–0090; FV14– 

987–2 FR] 

Domestic Dates Produced or Packed in 

Riverside County, California; Revision 

of Assessment Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the rules and 

regulations of the California date 

marketing order (order) to impose 

interest and late payment charges on 

overdue handler assessments. The order 

regulates the handling of dates 

produced or packed in Riverside 

County, California, and is administered 

locally by the California Date 

Administrative Committee (committee). 

Assessments upon date handlers are 

used to fund the reasonable and 

necessary expenses of the committee. 

These changes are expected to assist in 

the financial administration of the order 

by encouraging handlers to pay their 

assessments in a timely manner. 

DATES: Effective July 17, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Terry Vawter, Senior Marketing 

Specialist, or Martin Engeler, Regional 

Director, California Marketing Field 

Office, Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Terry.Vawter@ams.usda.gov or 

Martin.Engeler@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 final 

rule is issued under Marketing 

Agreement and Order No. 987, as 

amended (7 CFR Part 987), regulating 

the handling of dates produced or 

packed in Riverside County, California, 

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 final 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. Such 

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 the entry of the 

ruling. 

This final rule revises the rules and 

regulations of the California date order 

to impose interest and late payment 

charges on overdue handler 

assessments. Interest and late payment 

charges will encourage California date 

handlers to pay their assessments 

promptly when billed by the committee. 

The order was amended on June 25, 

2012, [77 FR 37762], to provide 

authority for the committee to 

recommend these actions, thereby 

permitting these changes through 

informal rulemaking, with the approval 

of the Secretary. 


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