Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 24981 

interested persons are invited to submit 

comments on this interim rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

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 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 action imposes no additional 

reporting or recordkeeping requirements 

on either small or large California olive 

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. 

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. 

After consideration of all relevant 

material 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. 

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) The 2013 fiscal year began 

on January 1, 2013, and the marketing 

order requires that the rate of 

assessment for each fiscal year apply to 

all assessable olives handled during 

such fiscal year; (2) this action decreases 

the assessment rate for assessable olives 

beginning with the 2013 fiscal year; (3) 

handlers are aware of this action which 

was unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years; and, (4) this 

interim rule provides a 60-day comment 

period, and all comments timely 

received will be considered prior to 

finalization of this rule. 

List of Subjects in 7 CFR Part 932 

Marketing agreements, Olives, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 932 is amended as 

follows: 

PART 932—OLIVES GROWN IN 

CALIFORNIA 

■ 1. The authority citation for 7 CFR 

part 932 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 932.230 is revised to read 

as follows: 

§ 932.230 Assessment rate. 

On and after January 1, 2013, an 

assessment rate of $21.16 per ton is 

established for California olives. 

Dated: April 23, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09998 Filed 4–26–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 946 

[Doc. No. AMS–FV–13–0010; FV13–946–1 

IR] 

Irish Potatoes Grown in Washington; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule decreases the 

assessment rate established for the State 

of Washington Potato Committee 

(Committee) for the 2013–2014 and 

subsequent fiscal periods from $0.003 to 

$0.0025 per hundredweight of potatoes 

handled. The Committee locally 

administers the marketing order which 

regulates the handling of Irish potatoes 

grown in Washington. Assessments 

upon Washington potato handlers are 

used by the Committee to fund 

reasonable and necessary expenses of 

the program. The fiscal period begins 

July 1 and ends June 30. The assessment 

rate will remain in effect indefinitely 

unless modified, suspended, or 

terminated. 

DATES: Effective April 30, 2013. 

Comments received by June 28, 2013, 

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. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register and will be 

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 the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Teresa Hutchinson or Gary Olson, 

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.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 


emcdonald on DSK67QTVN1PROD with RULES
24982 Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing order now 

in effect, Washington potato handlers 

are subject to assessments. Funds to 

administer the order are derived from 

such assessments. It is intended that the 

assessment rate as issued herein will be 

applicable to all assessable potatoes 

beginning July 1, 2013, and continue 

until amended, suspended, or 

terminated. 

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 rule decreases the assessment 

rate established for the Committee for 

the 2013–2014 and subsequent fiscal 

periods from $0.003 to $0.0025 per 

hundredweight of potatoes handled. 

The Washington potato marketing 

order provides authority for the 

Committee, with the approval of USDA, 

to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the program. The 

members of the Committee are 

producers and handlers of Washington 

potatoes. They are familiar with the 

Committee’s needs and with the costs 

for goods and services in their local area 

and are thus in a position to formulate 

an appropriate budget and assessment 

rate. The assessment rate is formulated 

and discussed in a public meeting. 

Thus, all directly affected persons have 

an opportunity to participate and 

provide input. 

For the 2011–2012 and subsequent 

fiscal periods, the Committee 

recommended, and USDA approved, an 

assessment rate that would continue in 

effect from fiscal period to fiscal period 

unless modified, suspended, or 

terminated by USDA upon 

recommendation and information 

submitted by the Committee or other 

information available to USDA. 

The Committee met on January 30, 

2013, and unanimously recommended 

2013–2014 expenditures of $37,400 and 

an assessment rate of $0.0025 per 

hundredweight of potatoes. In 

comparison, last year’s budgeted 

expenditures were $37,300. The 

assessment rate of $0.0025 is $0.0005 

lower than the rate currently in effect. 

This action will allow the Committee to 

reduce its financial reserve while still 

providing adequate funding to meet 

program expenses. 

The major expenditures 

recommended by the Committee for the 

2013–2014 fiscal period include $20,000 

for surveillance inspection (compliance 

activity), $4,800 for a management 

agreement with the Washington State 

Potato Commission, $2,500 for 

committee expenses, and $2,500 for 

bonds and insurance. These budgeted 

expenses are the same as those 

approved for the 2012–2013 fiscal 

period. 

The assessment rate recommended by 

the Committee was derived by 

multiplying anticipated shipments of 

Washington potatoes by various 

assessment rates. Applying the $0.0025 

per hundredweight assessment rate to 

the Committee’s 10,000,000 

hundredweight crop estimate should 

provide $25,000 in assessment income. 

Thus, income derived from handler 

assessments and $100 projected interest 

plus, $12,300 from the Committee’s 

monetary reserve would be adequate to 

cover the recommended $37,400 budget 

for 2013–2014. Funds in the reserve 

were $72,769 as of June 30, 2012. The 

Committee estimates a reserve of 

$65,969 on June 30, 2013, which would 

be within the maximum permitted by 

the order of approximately two fiscal 

period’s operational expenses (§ 946.42). 

The assessment rate established in 

this rule will continue in effect 

indefinitely unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the Committee or other 

available information. 

Although this assessment rate is 

effective for an indefinite period, the 

Committee will continue to meet prior 

to or during each fiscal period to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. The 

dates and times of Committee meetings 

are available from the Committee or 

USDA. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

USDA will evaluate Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking will be 

undertaken as necessary. The 

Committee’s 2013–2014 budget and 

those for subsequent fiscal periods will 

be reviewed and, as appropriate, 

approved by USDA. 

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 

rule 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 

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 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 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 

was $7.90 per hundredweight. The 

average gross annual revenue for the 267 

Washington potato producers is 

therefore calculated to be approximately 

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

majority of Washington potato 

producers and handlers may be 

classified as small entities. 

This rule decreases the assessment 

rate established for the Committee and 

collected from handlers for the 2013– 

2014 and subsequent fiscal periods from 

$0.003 to $0.0025 per hundredweight of 

potatoes. The Committee also 

unanimously recommended 2013–2014 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 82 / Monday, April 29, 2013 / Rules and Regulations 24983 

expenditures of $37,400. The 

assessment rate of $0.0025 is $0.0005 

lower than the previous rate. This action 

will allow the Committee to reduce its 

financial reserve while still providing 

adequate funding to meet program 

expenses. 

The quantity of assessable potatoes for 

the 2013–2014 fiscal period is estimated 

at 10,000,000 hundredweight. Thus, the 

$0.0025 rate should provide $25,000 in 

assessment income. Income derived 

from handler assessments, along with 

interest income and funds from the 

Committee’s authorized reserve, will be 

adequate to cover budgeted expenses. 

The major expenditures 

recommended by the Committee for the 

2013–2014 year include $20,000 for 

surveillance inspection (compliance 

activity), $4,800 for a management 

agreement with the Washington State 

Potato Commission, $2,500 for 

committee expense, and $2,500 for 

bonds and insurance. These budgeted 

expenses are the same as those 

approved for the 2012–2013 fiscal 

period. 

The Committee discussed alternatives 

to this rule, including alternative 

expenditure levels, but determined that 

the recommended expenses were 

reasonable and necessary to adequately 

cover program operations. Lower 

assessment rates were considered, but 

not recommended because they would 

reduce the financial reserve more than 

desired. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal period indicates 

that the producer price for the 2013– 

2014 fiscal period could average $7.65 

per hundredweight of potatoes. 

Therefore, the estimated assessment 

revenue for the 2013–2014 fiscal period 

as a percentage of total producer 

revenue is 0.0327 percent. 

This action decreases 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. All interested persons 

were invited to attend the meeting and 

participate in Committee deliberations 

on all issues. Like all Committee 

meetings, the January 30, 2013, meeting 

was a public meeting. All entities, both 

large and small, were able to express 

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. 

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 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. 

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. 

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. 

After consideration of all relevant 

material 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. 

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) The 2013–2014 fiscal 

period begins on July 1, 2013, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable potatoes handled 

during such fiscal period; (2) this action 

decreases the assessment rate for 

assessable potatoes beginning with the 

2013–2014 fiscal period; (3) handlers 

are aware of this action, which was 

unanimously recommended by the 

Committee at a public meeting and is 

similar to other assessment rate actions 

issued in past years; and (4) this interim 

rule provides a 60-day comment period, 

and all comments timely received will 

be considered prior to finalization of 

this rule. 

List of Subjects in 7 CFR Part 946 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 946 is amended as 

follows: 

PART 946—IRISH POTATOES GROWN 

IN WASHINGTON 

■ 1. The authority citation for 7 CFR 

part 946 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 946.248 is revised to read 

as follows: 

§ 946.248 Assessment rate. 

On and after July 1, 2013, an 

assessment rate of $0.0025 per 

hundredweight is established for 

Washington potatoes. 

Dated: April 23, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09997 Filed 4–26–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 987 

[Docket No. AMS–FV–12–0035; FV12–987– 

1 FIR] 

Domestic Dates Produced or Packed in 

Riverside County, California; 

Decreased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

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 California Date 

Administrative Committee (Committee) 

for the 2012–13 and subsequent crop 

years from $1.00 to $0.90 per 

hundredweight of dates handled. The 

Committee locally administers the 


emcdonald on DSK67QTVN1PROD with RULES