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[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41589-41590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-17881]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules 
and Regulations

[[Page 41589]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 946

[Doc. No. AMS-FV-11-0012; FV11-946-2 FIR]

Irish Potatoes Grown in Washington; Decreased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that decreased the assessment 
rate established for the State of Washington Potato Committee 
(Committee) for the 2011-2012 and subsequent fiscal periods from 
$0.0035 to $0.003 per hundredweight of potatoes handled. The Committee 
locally administers the marketing order for Irish potatoes grown in 
Washington. The interim rule was necessary to allow the Committee to 
reduce its financial reserve while still providing adequate funding to 
meet program expenses.

DATES: Effective July 15, 2011.

FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary D. 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/MarketingOrdersSmallBusinessGuide; or 
by contacting Laurel May, 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: Laurel.May@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 Order 12866.
    Under the order, Washington potato handlers are subject to 
assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable Washington potatoes for the entire fiscal period, and 
continue indefinitely until amended, suspended, or terminated. The 
Committee's fiscal period begins on July 1, and ends on June 30.
    In an interim rule published in the Federal Register on April 1, 
2011, and effective on April 2, 2011, (76 FR 18001, Doc. No. AMS-FV-11-
0012, FV11-946-2 IR), Sec.  946.248 was amended by decreasing the 
assessment rate established for Washington potatoes for the 2011-2012 
and subsequent fiscal periods from $0.0035 to $0.003 per hundredweight. 
The decrease in the per hundredweight assessment rate allows the 
Committee to reduce its financial reserve while still providing 
adequate funding to meet program expenses.

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 rule 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 or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the 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 (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 2009-2010 marketing year, the Committee reports that 
9,765,131 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 2010 was $7.55 per hundredweight. The average 
gross annual revenue for the 267 Washington potato producers is 
therefore calculated to be approximately $276,130. In view of the 
foregoing, the majority of Washington potato producers and handlers may 
be classified as small entities.
    This rule continues in effect the action that decreased the 
assessment rate established for the Committee and collected from 
handlers for the 2011-2012 and subsequent fiscal periods from $0.0035 
to $0.003 per hundredweight of potatoes. The Committee unanimously 
recommended 2011-2012 expenditures of $40,050 and an assessment rate of 
$0.003 per hundredweight of potatoes. The assessment rate of $0.003 is 
$0.0005 lower than the rate previously in effect. Applying the $0.003 
per hundredweight assessment rate to the Committee's 10,000,000 
hundredweight crop estimate should provide $30,000 in assessment 
income. Thus, income derived from handler assessments, along with 
interest income and funds from the Committee's monetary reserve will be 
adequate to cover the budgeted expenses. This action will allow the 
Committee to reduce its financial

[[Page 41590]]

reserve 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 Washington 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 January 
26, 2011, 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. 0581-0178, Vegetable and Specialty 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 Washington 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.
    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 May 31, 2011. 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-11-0012-0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866 and 12988, and the E-Gov 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 (76 FR 18001, April 1, 2011) will tend to effectuate 
the declared policy of the Act.

List of Subjects in 7 CFR Part 946

    Marketing agreements, Potatoes, Reporting and recordkeeping 
requirements.

PART 946--IRISH POTATOES GROWN IN WASHINGTON [AMENDED]

0
Accordingly, the interim rule amending 7 CFR part 946, which was 
published at 76 FR 18001 on April 1, 2011, is adopted as a final rule, 
without change.

    Dated: July 12, 2011.
Ellen King,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-17881 Filed 7-14-11; 8:45 am]
BILLING CODE P
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