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Rules and Regulations Federal Register

8253 

Vol. 79, No. 29 

Wednesday, February 12, 2014 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 946 and 980 

[Doc. No. AMS–FV–13–0068; FV13–946–3 

IR] 

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: Interim rule with request for 

comments. 

SUMMARY: This rule exempts red types of 

potatoes from minimum quality, 

maturity, pack, marking, and inspection 

requirements of the Washington potato 

marketing order for the remainder of the 

2013–2014 fiscal period and subsequent 

fiscal periods. The marketing order 

regulates the handling of Irish potatoes 

grown in Washington and is 

administered locally by the State of 

Washington Potato Committee 

(Committee). During the exemption 

period, reports will be required from 

handlers of red types of potatoes to 

obtain information necessary to 

administer the marketing order. As 

required under section 8e of the 

Agricultural Marketing Agreement Act 

of 1937, this action also exempts 

imported red-skinned, round type 

potatoes from minimum grade, size, 

quality, and maturity requirements. 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 February 15, 2014; 

comments received by April 14, 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.’’ 

This interim 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, the importation 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 Order 

12866 and Executive Order 13563. 

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 there from. 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. 

There are no administrative 

procedures which must be exhausted 

prior to any judicial challenge to the 

provisions of import regulation issued 

under section 8e of the Act. 

This rule exempts 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 allows the 

Washington potato industry to market 

red types of potatoes without regard to 

the minimum quality, maturity, pack, 

marking, and inspection requirements 

currently prescribed under the order. 

This rule also modifies the order’s 

reporting requirements to require 

reports from handlers of red types of 

potatoes for the remainder of the 2013– 

2014 fiscal period and subsequent fiscal 

periods. By modifying the reporting 

requirements, the Committee can 

continue to obtain information 

necessary to administer the marketing 

order, including the collection of 

assessments, in the absence of 

inspection certificates and reports 

issued by the Federal State Inspection 

Service (FSIS). Assessments on all fresh 


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red type potatoes handled under the 

order will remain in effect during the 

exemption period. 

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, maturity, and 

inspection requirements. They can also 

provide for the size, capacity, weight, 

dimensions, pack, marking, or labeling 

of containers used in the handling of 

such potatoes. The order also allows 

such handling regulations to be 

modified, suspended, or terminated 

when recommended by the Committee 

and approved by the Secretary. 

When handling regulations are in 

effect, regulated potatoes must be 

inspected and certified by FSIS. As 

authorized under the order, the 

Committee uses information included 

on FSIS inspection certificates as a basis 

for collecting assessments and 

compiling industry statistics. Because 

this action exempts red types of 

potatoes from FSIS inspection and 

certification, the industry must collect 

necessary information from an alternate 

source. Therefore, this action also 

modifies current reporting requirements 

to require handlers to submit reports to 

provide information on the volume of 

red types of potatoes handled for the 

fresh market during the exemption 

period. 

The above-described authorities are 

found in §§ 946.51, 946.52, 946.60, and 

946.70 of the order. Administrative 

rules and regulations issued under these 

authorities are found in §§ 946.143 and 

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 are subject to 

modification, suspension, or 

termination 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 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. 

On May 9, 2013, the Committee met 

to discuss the handling regulations and 

the mandatory inspection requirements 

in effect for Washington potatoes. The 

Committee considered whether a shortterm exemption of red types of potatoes 

from regulation could be beneficial. The 

industry is concerned that the benefits 

of regulating the quality of Washington 

potatoes may be outweighed by the 

current cost of mandatory inspections. 

After much consideration, on July 16, 

2013, the Committee unanimously 

recommended temporarily exempting 

red types of potatoes from the handling 

regulations and modifying the reporting 

requirements for such potatoes. The 

temporary exemption was 

recommended for the duration of the 

current fiscal period so that the industry 

could evaluate the exemption’s effects 

on the marketing of potatoes. 

On December 10, 2013, the Committee 

again met to discuss the temporary 

exemption of red types of potatoes from 

the handling regulations. The 

Committee continued to believe that the 

exemption of red types of potatoes from 

handling regulations would reduce 

industry costs without negatively 

impacting the market. Upon further 

consideration, the Committee 

unanimously recommended exempting 

red types of potatoes from the handling 

regulations for the remainder of the 

current fiscal period and subsequent 

fiscal periods. 

As a result of this exemption, red 

types of potatoes will not be subject to 

the minimum grade, size, quality, 

cleanness, maturity, pack, marking, and 

inspection requirements of the order for 

the remainder of the 2013–2014 fiscal 

period and subsequent fiscal periods. 

Also during this time, modified 

reporting requirements will be in effect 

to require handlers to submit reports of 

their shipments of fresh red types of 

potatoes to the Committee. 

Historically, an objective of the 

order’s handling regulations has been to 

ensure that only quality Washington 

potatoes enter the fresh market, thereby 

fostering consumer satisfaction and 

increasing sales and returns for 

producers. However, the Committee 

reported that the cost for inspections 

has recently increased. With potato 

prices at reportedly low levels in recent 

years, the Committee studied the 

possibility of reducing production costs 

by eliminating the mandatory 

inspection requirement. 

In discussing the relative benefits of 

quality control during the Committee 

meeting, some individuals expressed 

concern that eliminating quality 

requirements could result in lower 

quality potatoes being shipped to the 

fresh market, thereby negatively 

affecting consumer demand. Others 

expressed concern that without 

minimum requirements the overall 

quality of potatoes could decline and 

the Washington potato industry could 

lose sales to other potato producing 

areas with mandatory quality and 

inspection requirements. While the 

industry recognizes that quality is an 

important factor for maintaining sales, 

the Committee believes the cost of 

mandatory inspections may exceed the 

benefits derived from the quality 

regulation of red types of potatoes. 

The Committee believes that the 

exemption of red types of potatoes from 

handling regulations will also benefit 

the Washington potato industry. The 

Committee recommended that red types 

of potatoes be exempted from the 

regulations for the remainder of the 

current fiscal period and subsequent 

fiscal periods. 

This rule modifies § 946.336 to 

exempt red types of potatoes from 

handling regulations for the remainder 

of the 2013–2014 fiscal period and 

subsequent fiscal periods. This rule 

does not restrict handlers from seeking 

inspection on a voluntary basis, if they 

so choose. 

This action will result in a suspension 

of the monthly FSIS inspection reports 

for red types of potatoes. The Committee 

has utilized these monthly reports, 

compiled by FSIS from inspection 

certificates, as a basis for collecting 

assessments. During the exemption 

period, handlers will be required to 

report fresh shipments of red types of 

potatoes directly to the Committee on an 

existing form that is being modified for 

this purpose. This information will 

allow the Committee to collect 

assessments and compile industry 

statistics. 

Therefore, this rule modifies 

§ 946.143 to require that each person 

handling red types of potatoes submit a 

monthly report to the Committee. The 

reporting requirement was originally 

established in 2010 to facilitate the 

exemption of russet type potatoes from 

the handling regulations. It will be 

modified to include the collection of 

information for red types of potatoes. 

Authorization to assess handlers 

enables the Committee to incur 

expenses that are reasonable and 

necessary to administer the program. 

The modified reporting requirement 

will facilitate the Committee’s ability to 

continue collecting the funds needed to 

cover necessary program costs. 

Section 8e of the Act provides that 

when certain domestically produced 

commodities, including potatoes, are 

regulated under a Federal marketing 

order, imports of that commodity must 

meet the same or comparable grade, 

size, quality, and maturity requirements 

as the domestically produced product. 

Minimum grade, size, quality, and 

maturity requirements for potatoes 

imported into the United States are 

currently in effect under the import 


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Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations 8255 

regulations. The import regulations 

distinguish between each of the three 

major types of potatoes handled 

domestically; (1) red-skinned, round 

type potatoes, (2) all other round type 

potatoes, and (3) long type potatoes. 

Section 980.1(a)(2)(i) of the vegetable 

import regulations specifies that, during 

each month of the marketing year, 

imports of red-skinned, round type 

potatoes are in most direct competition 

with potatoes of the same type produced 

in the area covered by the order. 

Further, § 980.1(b)(1) provides that, 

through the entire year, the grade, size, 

quality, and maturity requirements of 

the order applicable to potatoes of the 

red-skinned, round type shall be the 

respective grade, size, quality, and 

maturity requirements for all imported 

red-skinned, round type potatoes. As 

such, the exemption from minimum 

grade, size, quality, and maturity 

requirements for domestic potatoes 

covered by the order also exempts redskinned, round type potato varieties that 

are imported into the U.S. from grade, 

size, quality, and maturity requirements. 

Prior to this action, red-skinned, 

round type potatoes imported into the 

U.S. must be U.S. No. 2 or better grade 

and meet a minimum diameter of 17⁄8

inches. In addition, red-skinned, round 

type potatoes may be 3⁄4 inch minimum 

diameter, if such imported potatoes 

otherwise met the requirements of the 

U.S. No. 1 grade. Lastly, imported redskinned, round type potatoes could not 

be more than ‘‘moderately skinned’’ as 

defined by the U.S. Standards for 

Grades of Potatoes. 

As a result of the exemption of red 

types of potatoes from the order’s 

handling regulations, and pursuant to 

the Act, this rule also modifies 

§ 980.1(b)(1) to exempt imported redskinned, round types of potatoes from 

the import regulations. However, this 

rule does not restrict importers from 

having their potatoes inspected or from 

meeting minimum grade, size, quality, 

or maturity requirements on a voluntary 

basis. 

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. 

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 below the SBA definition of 

small business (less than $7 million in 

annual sales), most importers may be 

classified as small entities. 

This rule exempts red types of 

potatoes from the handling regulations 

and modifies the reporting for the 

remainder of the 2013–2014 fiscal 

period and subsequent fiscal periods. 

The industry believes that the increased 

cost of mandatory inspections outweigh 

the benefits derived from quality 

regulation. This change is expected to 

reduce overall industry expenses and 

provide the industry with the 

opportunity to explore alternative 

marketing strategies. 

As stated previously, the authority for 

regulation is provided in § 946.52 of the 

order, while authority for reports and 

records is provided in § 946.70. In 

addition, the handling regulations are 

specified under § 946.336 of the order’s 

administrative rules and regulations, 

and reporting requirements are specified 

under § 946.143. 

The Committee does not anticipate 

that this rule will negatively impact 

small businesses. This rule will exempt 

red types of potatoes from minimum 

quality, maturity, pack, marking, and 

inspection requirements for the current 

fiscal period and subsequent fiscal 

periods. Though inspections are not 

mandatory for such potatoes during the 

exemption period, handlers may 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 

making no changes to the regulations. 

The Committee also considered 

different types of inspection programs, 

exempting all types of potatoes from 

handling regulations, and exempting red 

types from regulation temporarily 

instead of indefinitely. However, the 

Committee believes that the Washington 

potato industry will benefit more from 

the indefinite exemption of red types of 

potatoes from handling regulations. 

The Committee identified no other 

alternatives to requiring handlers to 

report fresh market shipments of red 

types of potatoes. This information is 

necessary to administer the program, 

including the collection of assessments. 

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 requires the submission of a 

monthly handler report for fresh red 

types of potatoes handled during the 

exemption period. This rule modifies 

the Russet Fresh Potato Report 

established for russet type potatoes to 

include red types of potatoes during the 

period those types of potatoes are 

exempted from regulation. The modified 

Self-Reporting Potato Form will provide 

the Committee with information 

necessary to track shipments and collect 


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8256 Federal Register / Vol. 79, No. 29 / Wednesday, February 12, 2014 / Rules and Regulations 

assessments. AMS has submitted the 

modified form and a Justification of 

Change to OMB for approval. 

While this rule requires a reporting 

requirement for red 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 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 

regulations and inspection requirements 

for red 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 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. 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: 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 from handling 

regulations and the modification of the 

reporting requirements for red types of 

potatoes. 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. 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this interim rule. 

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 Washington red types of potatoes 

began in July of 2013; (2) the Committee 

discussed and unanimously 

recommended these changes at public 

meetings and all interested parties had 

an opportunity to provide input; (3) 

potato handlers are aware of this action 

and want to take advantage of relaxation 

of the handling regulations as soon as 

possible; 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 

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. 

For the reasons set forth in the 

preamble, 7 CFR parts 946 and 980 are 

amended as follows: 

■ 1. The authority citation for 7 CFR 

parts 946 and 980 continues to read as 

follows: 

Authority: 7 U.S.C. 601–674. 

PART 946—IRISH POTATOES GROWN 

IN WASHINGTON 

■ 2. Section 946.143 is revised to read 

as follows: 

§ 946.143 Assessment reports. 

During the period that russet, red, 

yellow fleshed, and white types of 

potatoes are exempt from handling 

requirements under § 946.336, each 

person handling russet, red, yellow 

fleshed, and white types of potatoes 

shall submit a monthly report to the 

Committee by the 10th day of the month 

following the month such potatoes are 

handled. Each assessment report shall 

contain the following information: 

(a) The name and address of the 

handler; 

(b) The date and quantity of russet, 

red, yellow fleshed, and white types of 

potatoes handled; 

(c) The assessment payment due; and 

(d) Other information as may be 

requested by the Committee. 

■ 3. 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 russet type potatoes shall 

be exempt from the requirements of 

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

section: Provided further, That, from 

October 24, 2013, through June 30, 

2014, yellow fleshed and white types of 

potatoes shall be exempt from the 

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

(e), and (g) of this section: Provided 

further, That, effective February 15, 

2014, red types of potatoes shall be 

exempt from the requirements of 

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

section. 

* * * * * 

PART 980—VEGETABLES; IMPORT 

REGULATIONS 

■ 4. In § 980.1, paragraph (b) is revised 

to read as follows: 

§ 980.1 Import regulations; Irish potatoes. 

* * * * * 

(b) Grade, size, quality, and maturity 

requirements. On and after the effective 

date hereof importation of Irish 

potatoes, except certified seed potatoes 

and red skinned, round types of 

potatoes, shall be prohibited unless they 

comply with the following 

requirements. 

(1) Through the entire year, the grade, 

size, quality, and maturity requirements 

of Area II, Colorado (San Luis Valley) 

covered by Marketing Order No. 948, as 

amended (part 948 of this chapter), 

applicable to potatoes of the round type, 

other than red-skinned varieties, shall 


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be the respective grade, size, quality, 

and maturity requirements for imports 

of all other round type potatoes. 

(2) Through the entire year the grade, 

size, quality, and maturity requirements 

of Marketing Order 945, as amended 

(part 945 of this chapter) applicable to 

potatoes of all long types shall be the 

respective grade, size, quality, and 

maturity requirements for imported 

potatoes of all long types. 

(3) The grade, size, quality, and 

maturity requirements as provided for 

in this paragraph shall apply to imports 

of similar types of potatoes, unless 

otherwise ordered, on and after the 

effective date of the applicable domestic 

regulation or amendment thereto, as 

provided in this paragraph or 3 days 

following publication of such regulation 

or amendment in the Federal Register, 

whichever is later. 

* * * * * 

Dated: February 6, 2014. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2014–03043 Filed 2–11–14; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No. FAA–2012–0929; Amdt. No. 

121–369] 

RIN 2120–AJ17 

Prohibition on Personal Use of 

Electronic Devices on the Flight Deck 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule will prohibit 

flightcrew members in operations under 

part 121 from using a personal wireless 

communications device or laptop 

computer for personal use while at their 

duty station on the flight deck while the 

aircraft is being operated. This rule, 

which conforms FAA regulations with 

legislation, is intended to ensure that 

certain non-essential activities do not 

contribute to the challenge of task 

management on the flight deck or a loss 

of situational awareness due to attention 

to non-essential tasks. 

DATES: Effective April 14, 2014. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see the ‘‘How To Obtain 

Additional Information’’ section of this 

document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this final 

rule, contact Nancy Lauck Claussen, Air 

Transportation Division (AFS–200), 

Flight Standards Service, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591; telephone (202) 

267–8166; email Nancy.L.Claussen@

faa.gov. 

For legal questions concerning this 

action, contact Nancy Sanchez, Office of 

the Chief Counsel, Regulations Division, 

AGC–200, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone (202) 267–3073; email 

Nancy.Sanchez@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. Subtitle I, Section 

106, describes the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the Agency’s authority. 

This rulemaking is promulgated 

under the authority described in 49 

U.S.C. 44701(a)(5), which requires the 

Administrator to promulgate regulations 

and minimum standards for other 

practices, methods, and procedures 

necessary for safety in air commerce and 

national security, and 49 U.S.C. 44732, 

which prohibits the personal use of 

electronic devices on the flight deck by 

flightcrew members. Additionally, this 

rule fulfills a statutory mandate found 

in Section 307 of Public Law 112–95, 

The Federal Aviation Administration 

Modernization and Reform Act of 2012. 

Table of Contents 

I. Overview of Final Rule 

II. Background 

A. Related Rule 

B. Statement of the Problem 

C. National Transportation Safety Board 

Recommendations 

D. Summary of the Notice of Proposed 

Rulemaking 

E. General Overview of Comments 

III. Discussion of Public Comments and Final 

Rule 

A. Requirements 

B. Current Air Carrier Programs 

C. Operational Timeframes for Prohibition 

IV. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

B. Regulatory Flexibility Determination 

C. International Trade Impact Assessment 

D. Unfunded Mandates Assessment 

E. Paperwork Reduction Act 

F. International Compatibility and 

Cooperation 

G. Environmental Analysis 

V. Executive Order Determinations 

A. Executive Order 12866 and 13563 

B. Executive Order 13132, Federalism 

C. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

VI. How to Obtain Additional Information 

A. Rulemaking Documents 

B. Comments Submitted to the Docket 

C. Small Business Regulatory Enforcement 

Fairness Act 

I. Overview of Final Rule 

The Federal Aviation Administration 

(FAA) Modernization and Reform Act of 

2012 (the Act) was enacted on February 

14, 2012. Section 307 of the Act, 

Prohibition on Personal Use of 

Electronic Devices on the Flight Deck, 

makes it ‘‘unlawful for a flight 

crewmember of an aircraft used to 

provide air transportation under part 

121 of title 14, Code of Federal 

Regulations, to use a personal wireless 

communications device or laptop 

computer while at the flight 

crewmember’s duty station on the flight 

deck of such an aircraft while the 

aircraft is being operated.’’ The 

legislation also states that this 

prohibition does not apply to the use of 

a personal wireless communications 

device or laptop computer for a purpose 

directly related to operation of the 

aircraft, or for emergency, safety-related, 

or employment-related 

communications, in accordance with 

procedures established by the air carrier 

and the FAA. 

The FAA is amending part 121 to 

conform to this legislation. The FAA is 

amending § 121.542 to add language to 

prohibit flightcrew members operating 

under part 121 from using a personal 

wireless communications device or a 

laptop computer for personal use while 

at their duty station on the flight deck 

while the aircraft is being operated. The 

amended regulatory language defines 

what is considered to be a personal 

wireless communications device. The 

regulatory language also clarifies that 

the prohibition on use of a personal 

wireless communications device or 

laptop computer does not apply to the 

use of a personal wireless 

communications device or laptop 

computer for a purpose directly related 

to the operation of the aircraft, or for 

emergency, safety-related, or 

employment-related communications, 

in accordance with procedures 

established by the air carrier and 

approved by the FAA. The amended 

regulatory language also uses the term 

‘‘flight crewmember’’ to conform with 

other paragraphs in amended § 121.542. 

However, the preamble to this final rule, 

as well as all recent FAA rulemakings, 

uses the term ‘‘flightcrew member’’ to 

conform with the definition contained 

in § 1.1; therefore, these terms are used 

interchangeably. 


sroberts on DSK5SPTVN1PROD with RULES