This section of the FEDERAL REGISTER

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

3333 

Vol. 75, No. 13 

Thursday, January 21, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–09–0055; FV09–948–3 

FR] 

Irish Potatoes Grown in Colorado; 

Modification of the Handling 

Regulation for Area No. 2 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the 

minimum size requirement under the 

Colorado potato marketing order, Area 

No. 2. The marketing order regulates the 

handling of Irish potatoes grown in 

Colorado, and is administered locally by 

the Colorado Potato Administrative 

Committee for Area No. 2 (Committee). 

This rule changes the minimum size 

requirement from 17⁄8 inches in 

diameter to 2 inches in diameter or 4 

ounces minimum weight for all long 

varieties of potatoes. This change 

returns the minimum size requirement 

to the standard that had been in place 

prior to the 2008–2009 season, when 

adverse weather conditions damaged 

the crop and resulted in the Committee 

recommending a temporary relaxation 

in the minimum size requirement. 

DATES: Effective Date: January 22, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary 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 request 

information on complying with this 

regulation by contacting Jay Guerber, 

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: 

Jay.Guerber@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule is issued under Marketing 

Agreement No. 97 and Marketing 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 Order 

12866. 

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. 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 

the entry of the ruling. 

This final rule revises the minimum 

size requirement under the order. This 

rule changes the minimum size 

requirement from 17⁄8 inches in 

diameter to 2 inches in diameter or 4 

ounces minimum weight for all varieties 

of potatoes, except for round varieties. 

This rule was recommended by the 

Committee at a meeting on June 25, 

2009. 

Section 948.22 authorizes the 

issuance of grade, size, quality, 

maturity, pack, and container 

regulations for potatoes grown in the 

production area. Section 948.21 further 

authorizes the modification, suspension, 

or termination of requirements issued 

pursuant to § 948.22. 

Section 948.40 provides that 

whenever the handling of potatoes is 

regulated pursuant to §§ 948.20 through 

948.24, such potatoes must be inspected 

by the Federal-State Inspection Service, 

and certified as meeting the applicable 

requirements of such regulations. 

Under the order, the State of Colorado 

is divided into three areas of regulation 

for marketing order purposes. Area No. 

1, commonly known as the Western 

Slope, includes and consists of the 

counties of Routt, Eagle, Pitkin, 

Gunnison, Hinsdale, La Plata, and all 

counties west thereof; Area No. 2, 

commonly known as the San Luis 

Valley, includes and consists of the 

counties of Sanguache, Huerfano, Las 

Animas, Mineral, Archuleta, and all 

counties south thereof; and, Area No. 3 

includes and consists of all the 

remaining counties in the State of 

Colorado which are not included in 

Area No. 1 or Area No. 2. The order 

currently regulates the handling of 

potatoes grown in Areas No. 2 and No. 

3 only; regulation for Area No. 1 is 

currently not active. 

Grade, size, and maturity regulations 

specific to the handling of potatoes 

grown in Area No. 2 are contained in 

§ 948.386 of the order. 

On June 25, 2009, the Committee 

unanimously recommended changing 

the minimum size requirement from 17⁄8

inches to 2 inches in diameter or 4 

ounces minimum weight for all varieties 

of potatoes, except for round varieties. 

This had been the industry standard in 

place prior to the 2008–2009 season. 

Because severe and adverse weather 

conditions in 2008 significantly 

decreased yields and damaged the crop, 

the Committee had recommended for 

the 2008–2009 marketing season that 

the minimum size be reduced from 2 

inches in diameter or 4 ounces 

minimum weight to 17⁄8 inches in 

diameter for all varieties of potatoes, 

except round varieties. The Committee 

believes it is now appropriate to return 

to the size regulations that were in place 

prior to the 2008–2009 season. 

The Committee believes that quality 

assurance is very important to the 

Colorado potato industry. Providing 

acceptable quality produce that is 

appealing to consumers on a consistent 

basis is necessary to maintain buyer 


srobinson on DSKHWCL6B1PROD with RULES
3334 Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 

confidence in the marketplace and 

improve producer returns. 

Under this final rule, potatoes other 

than round varieties will meet the size 

requirement if they are at least 2 inches 

in diameter or 4 ounces in weight. Some 

long, thin potatoes might be smaller 

than 2 inches in diameter, but weigh at 

least 4 ounces. These potatoes will meet 

the revised size requirement. Some 

potatoes might weigh less than 4 

ounces, but be at least 2 inches in 

diameter. These potatoes will also meet 

the revised minimum size requirement. 

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 

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 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 72 handlers 

of Colorado Area No. 2 potatoes subject 

to regulation under the order and 

approximately 175 producers in the 

regulated production area. Small 

agricultural service firms are defined by 

the Small Business Administration 

(SBA) (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 2007–2008 marketing year, 

14,225,568 hundredweight of Colorado 

Area No. 2 potatoes were inspected 

under the order and sold into the fresh 

market. Based on an estimated average 

f.o.b. price of $12.05 per 

hundredweight, the Committee 

estimates that 61 Area No. 2 handlers, 

or about 85 percent, have annual 

receipts of less than $7,000,000. In view 

of the foregoing, the majority of 

Colorado Area No. 2 potato handlers 

may be classified as small entities. 

In addition, based on information 

provided by the National Agricultural 

Statistics Service (NASS), the average 

producer price for Colorado potatoes for 

2007 was $9.85 per hundredweight. The 

average annual fresh potato revenue for 

each of the 175 Colorado Area No. 2 

potato producers is therefore calculated 

to be approximately $778,455. 

Consequently, on average, the majority 

of the Area No. 2 Colorado potato 

producers may not be classified as small 

entities. 

This rule changes the minimum size 

requirement from 17⁄8 inches in 

diameter to 2 inches in diameter or 4 

ounces minimum weight for all potato 

varieties, except round varieties. 

Authority for this action is contained in 

§§ 948.21 and 948.22. 

NASS estimated planted acreage for 

the 2007 crop in Area No. 2 at 59,200 

acres, a decrease of 700 acres when 

compared with 59,900 acres planted in 

2006. Based on Committee records, 88.4 

percent of Area No. 2 potatoes entered 

the fresh market during the 2007–2008 

marketing year (including potatoes 

produced for seed). Of those potatoes, 

Russet or long potato varieties 

accounted for 88.3 percent. 

Only a small portion of the crop is 

expected to be negatively affected by 

this minimum size increase (i.e., that 

portion of the crop, other than round 

varieties, smaller than 2 inches in 

diameter or 4 ounces minimum weight, 

but larger than 17⁄8 inches in diameter) 

and thus no longer meet order 

requirements. However, due to current 

customer demand, many handlers are 

already shipping potatoes that measure 

2-inches or greater. The Committee 

believes that the expected benefits of 

improved quality, increased purchases 

and sales volume, and increased returns 

received by producers will greatly 

outweigh the costs related to the 

regulation. 

The Committee discussed alternatives 

to this rule. One alternative included 

making no change at all to the current 

regulation. However, the Committee did 

not believe this alternative would have 

met the needs of buyers or provided any 

benefit to the industry. The Committee 

believes that the change will increase 

returns to producers while supplying 

the market with a higher percentage of 

larger high quality potatoes. 

This final rule changes the size 

requirement for all varieties of potatoes, 

except for round varieties. Accordingly, 

this action will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

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. 

As noted in the initial regulatory 

flexibility analysis, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this final rule. 

In addition, the Committee’s meeting 

was widely publicized throughout the 

Colorado Area No. 2 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 June 

25, 2009, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

A proposed rule concerning this 

action was published in the Federal 

Register on November 23, 2009 (74 FR 

61053). Copies of the rule were e-mailed 

or sent via facsimile to all Committee 

members and potato handlers. Finally, 

the rule was made available through the 

Internet by USDA and the Office of the 

Federal Register. A 15-day comment 

period ending December 8, 2009, was 

provided to allow interested persons to 

respond to the proposal. No comments 

were received. 

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/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jay Guerber at 

the previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register 

(5 U.S.C. 553) because handlers are 

already shipping potatoes from the 

2009–2010 crop. Further, handlers are 

aware of this rule, which was 

recommended at a public meeting. Also, 

a 15-day comment period was provided 

for in the proposed rule. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

■ For the reasons set forth in the 

preamble, 7 CFR part 948 is amended as 

follows: 


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Federal Register / Vol. 75, No. 13 / Thursday, January 21, 2010 / Rules and Regulations 3335 

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 § 948.386 by revising 

paragraph (a)(2) to read as follows: 

§ 948.386 Handling Regulation. 

* * * * * 

(a) * * * 

(2) All other varieties. U.S. No. 2, or 

better grade, 2 inches minimum 

diameter or 4 ounces minimum weight. 

* * * * * 

Dated: January 13, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–1000 Filed 1–20–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 300 

[Docket No. 070717350–9936–02] 

RIN 0648–AV63 

International Fisheries; Western and 

Central Pacific Fisheries for Highly 

Migratory Species; Initial 

Implementation of the Western and 

Central Pacific Fisheries Convention 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS issues regulations 

under authority of the Western and 

Central Pacific Fisheries Convention 

Implementation Act (WCPFC 

Implementation Act), which authorizes 

the Secretary of Commerce to 

promulgate regulations needed to carry 

out the obligations of the United States 

under the Convention on the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(Convention), including implementing 

the decisions of the Commission for the 

Conservation and Management of 

Highly Migratory Fish Stocks in the 

Western and Central Pacific Ocean 

(WCPFC). The regulations include 

requirements related to permitting, 

vessel monitoring systems, vessel 

observers, vessel markings, reporting 

and recordkeeping, at-sea 

transshipment, and boarding and 

inspection on the high seas, among 

others. NMFS has determined that this 

action is necessary for the United States 

to satisfy its international obligations 

under the Convention, to which it is a 

Contracting Party. It will have the effect 

of requiring that all relevant U.S. fishing 

vessels are operated in conformance 

with the provisions of the Convention. 

DATES: This final rule is effective 

February 22, 2010. 

ADDRESSES: Copies of supporting 

documents that were prepared for this 

final rule, including the regulatory 

impact review (RIR) and environmental 

assessment (EA), as well as the 

proposed rule, are available via the 

Federal e-Rulemaking portal, at http:// 

www.regulations.gov. Those documents, 

and the small entity compliance guide 

prepared for this final rule, are also 

available from the Regional 

Administrator, NMFS, Pacific Islands 

Regional Office, 1601 Kapiolani Blvd., 

Suite 1110, Honolulu, HI 96814–4700. 

The initial regulatory flexibility analysis 

(IRFA) and final regulatory flexibility 

analysis (FRFA) prepared for this rule 

are included in the proposed rule and 

this final rule, respectively. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to NMFS, Pacific 

Islands Regional Office (see contact 

information above), and by e-mail to 

David_Rostker@omb.eop.gov or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: Tom 

Graham, NMFS Pacific Islands Regional 

Office, 808–944–2219. 

SUPPLEMENTARY INFORMATION: 

Electronic Access 

This final rule is also accessible at 

http://www.gpoaccess.gov/fr. 

Background 

On May 22, 2009, NMFS published a 

proposed rule in the Federal Register 

(74 FR 23965) that would add 

regulations at 50 CFR part 300, subpart 

O, in order to implement certain 

provisions of the Convention and 

decisions of the WCPFC. The proposed 

rule was open to public comment 

through June 22, 2009. 

This final rule is implemented under 

authority of the WCPFC Implementation 

Act (16 U.S.C. 6901 et seq.), which 

authorizes the Secretary of Commerce, 

in consultation with the Secretary of 

State and the Secretary of the 

Department in which the United States 

Coast Guard is operating (currently the 

Department of Homeland Security), to 

promulgate such regulations as may be 

necessary to carry out the obligations of 

the United States under the Convention, 

including the decisions of the WCPFC. 

The authority to promulgate regulations 

has been delegated to NMFS. 

The proposed rule includes additional 

background information, including 

information on the Convention and the 

WCPFC, the international obligations of 

the United States under the Convention, 

and the basis for the proposed 

regulations. 

New Requirements 

This final rule establishes the 

following requirements: 

1. Authorization To Fish 

Owners or operators of U.S. vessels 

used for commercial fishing for highly 

migratory species (HMS) on the high 

seas in the Convention Area will be 

required to obtain a new NMFS-issued 

fishing authorization, called a ‘‘WCPFC 

Area Endorsement.’’ The definition of 

fishing will include, consistent with its 

definition under the WCPFC 

Implementation Act, receiving fish from 

another fishing vessel and bunkering or 

otherwise supplying or supporting a 

vessel that engages in fishing. Thus, 

carriers that receive HMS from another 

vessel, vessels that bunker vessels used 

to fish for HMS, and vessels that engage 

in operations at sea directly in support 

of, or in preparation for, fishing or 

transshipping by other vessels will also 

be subject to this and other 

requirements of the final rule. This new 

authorization will be issued by the 

Regional Administrator of NMFS, 

Pacific Islands Region, supplemental to, 

and as an endorsement on, the permits 

issued under the authority of the High 

Seas Fishing Compliance Act of 1995 

(HSFCA; 16 U.S.C. 5501 et seq.) 

(hereafter, ‘‘high seas fishing permits;’’ 

see 50 CFR 300.13). The prerequisites to 

obtaining a WCPFC Area Endorsement 

will be: (1) Having a valid high seas 

fishing permit (or simultaneously 

applying for one); (2) submitting a 

complete application (see the next item, 

‘‘vessel information’’); and (3) paying the 

required administrative fee. The 

application form will be designed as a 

supplement to the application for a high 

seas fishing permit. The WCPFC Area 

Endorsement will become void upon 

expiration, suspension, or revocation of 

the underlying high seas fishing permit. 

The WCPFC Area Endorsement is also 

subject to suspension or revocation 

independent of the high seas fishing 

permit. Holding a WCPFC Area 

Endorsement will trigger a number of 


srobinson on DSKHWCL6B1PROD with RULES