38698 Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations 

Regarding the impact of this action on 

the affected entities, both large and 

small entities are expected to benefit 

from the changes, and the costs of 

compliance are not expected to be 

significantly different between large and 

small entities. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

nectarine or peach 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, as stated in the initial 

regulatory flexibility analysis, USDA 

has not identified any relevant Federal 

rules that duplicate, overlap, or conflict 

with this rule. 

Further, the committees’ meetings 

were widely publicized throughout the 

nectarine and peach industry and all 

interested parties were invited to attend 

the meetings and participate in 

Committee deliberations. The 

committees have appointed a number of 

joint subcommittees to review certain 

issues and make recommendations to 

the committees. The Compliance 

Subcommittee met on November 3, 

2009, and discussed this issue in detail. 

Their recommendations were presented 

at the meetings of both committees on 

December 10, 2009. Like all committee 

meetings, the November 3, 2009 and 

December 10, 2009, meetings were 

public meetings 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 June 

4, 2010. 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/search/

Regs/home.html#

documentDetail?R=0900006480acfc3e. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), 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 (75 FR 17027, April 5, 2010) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects 

7 CFR Part 916 

Marketing agreements, Nectarines, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 917 

Marketing agreements, Peaches, Pears, 

Reporting and recordkeeping 

requirements. 

PARTS 916 AND 917—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR parts 916 and 917 and 

that was published at 75 FR 17027 on 

April 5, 2010, is adopted as a final rule, 

without change. 

Dated: June 29, 2010. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–16342 Filed 7–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 948 

[Doc. No. AMS–FV–08–0115; FV09–948–2 

FIR] 

Irish Potatoes Grown in Colorado; 

Relaxation of Handling Regulation for 

Area No. 3 

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 relaxed the size requirement 

prescribed under the Colorado potato 

marketing order. The interim rule 

provided for the handling of all varieties 

of potatoes with a minimum diameter of 

3⁄4 inch, if the potatoes otherwise meet 

U.S. No. 1 grade. This change is 

intended to provide potato handlers 

with greater marketing flexibility, 

producers with increased returns, and 

consumers with a greater supply of 

potatoes. 

DATES: Effective July 7, 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 obtain 

information on complying with this and 

other marketing order and agreement 

regulations by viewing a guide at the 

following Web site: http:// 

www.ams.usda.gov/AMSv1.0/ 

ams.fetchTemplateData.

do?template=Template

N&page=Marketing

OrdersSmallBusinessGuide; or by 

contacting Antoinette Carter, 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: Antoinette.Carter

@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 97 and 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. 

The handling of Irish potatoes grown 

in Colorado is regulated by 7 CFR part 

948. Prior to this change, the regulations 

for Colorado Area No. 3 potatoes 

provided that U.S. No. 2 grade potatoes, 

17⁄8 inches minimum diameter or 4 

ounces minimum weight, and Size B 

potatoes (11⁄2 to 21⁄4 inches in diameter), 

if U.S. No. 1 grade or better, may be 

handled. 

The Committee believes that in recent 

years consumer demand has been 

increasing for smaller potatoes which 

often command premium prices. The 

market for these smaller potatoes was 

primarily supplied by potato production 

areas outside Colorado Area No. 3. 

Having the ability to handle smaller 

potatoes enables Colorado Area No. 3 

potato handlers to market a larger 

portion of their crop while satisfying 

consumer demand for smaller potatoes. 

Therefore, this rule continues in effect 

the rule that relaxed the size 

requirement for all varieties of Colorado 

Area No. 3 potatoes by allowing the 

handling of potatoes with a minimum 

diameter of 3⁄4 inch, if the potatoes 

otherwise meet U.S. No. 1 Grade. 

In an interim rule published in the 

Federal Register on April 5, 2010, and 

effective on April 6, 2010, (75 FR 17034, 

Doc. No. AMS–FV–08–0115, FV09–948– 

2 IFR), § 948.387, paragraph (a) was 

revised. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 128 / Tuesday, July 6, 2010 / Rules and Regulations 38699 

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. 

Based on Committee data, there are 

nine producers (eight of whom are also 

handlers) in the regulated area and nine 

handlers (eight of whom are also 

producers) subject to regulation under 

the order. Small agricultural producers 

are defined by the Small Business 

Administration (13 CFR 121.201) as 

those having annual receipts of less than 

$750,000, and small agricultural service 

firms are defined as those having annual 

receipts of less than $7,000,000. 

Also based on Committee data, 

825,617 hundredweight of Colorado 

Area No. 3 potatoes were produced for 

the fresh market during the 2007 season. 

Based on National Agricultural 

Statistics Service (NASS) data, the 

average producer price for Colorado 

summer potatoes for 2007 was $7.75 per 

hundredweight. The average annual 

producer revenue for the nine Colorado 

Area No. 3 potato producers is therefore 

calculated to be approximately 

$710,948. Using Committee data 

regarding each individual handler’s 

total shipments during the 2007–2008 

fiscal period and a Committee estimated 

average f.o.b. price for 2007 of $9.95 per 

hundredweight ($7.75 per 

hundredweight plus estimated packing 

and handling costs of $2.20 per 

hundredweight), all of the Colorado 

Area No. 3 potato handlers ship under 

$7,000,000 worth of potatoes. Thus, the 

majority of handlers and producers of 

Colorado Area No. 3 potatoes may be 

classified as small entities. 

This rule continues in effect the 

action that provided for the handling of 

all varieties of potatoes with a minimum 

diameter of 3⁄4 inch, if they otherwise 

meet the requirements of U.S. No. 1 

grade. This change enables handlers to 

respond to consumer demand for small 

potatoes. Authority for regulating grade 

and size is provided in § 948.22 of the 

order. Section 948.387(a) of the order’s 

administrative rules and regulations 

prescribes the actual size requirements. 

This action is expected to have a 

beneficial impact on handlers and 

producers due to the increased volume 

of potatoes. There should be no extra 

cost to producers or handlers because 

current harvesting and handling 

methods can accommodate the sorting 

of these smaller potatoes. The size 

relaxation will result in a greater 

quantity of potatoes meeting the 

minimum requirements of the handling 

regulation. This should translate into an 

increased market for small potatoes and 

greater returns for handlers and 

producers. 

By providing Colorado Area No. 3 

handlers the flexibility to pack smaller 

potatoes, the Committee believes the 

industry will remain competitive in the 

marketplace. The small potato market is 

a premium market and this action is 

expected to further increase sales of 

Colorado potatoes to benefit the 

Colorado potato industry. The benefits 

of this rule are not expected to be 

disproportionately greater or lesser for 

small entities than for large entities. 

This rule 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. In addition, 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 

Colorado potato industry and all 

interested persons were invited to 

participate in Committee deliberations. 

Like all Committee meetings, the June 4 

and November 17, 2009, meetings were 

public meetings and 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 June 

4, 2010. 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/search/ 

Regs/home.html#documentDetail?R

=0900006480acfc3d. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), 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 (75 FR 17034, April 5, 2010) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

PART 948—IRISH POTATOES GROWN 

IN COLORADO—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR part 948 and that was 

published at 75 FR 17034 on April 5, 

2010, is adopted as a final rule, without 

change. 

Dated: June 29, 2010. 

Robert C. Keeney, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–16337 Filed 7–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 522 

[Docket No. FDA–2010–N–0002] 

Implantation or Injectable Dosage 

Form New Animal Drugs; Propofol 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Final rule. 

SUMMARY: The Food and Drug 

Administration (FDA) is amending the 

animal drug regulations to reflect 

approval of a new animal drug 

application (NADA) filed by Fort Dodge 

Animal Health, Division of Wyeth. The 

NADA provides for veterinary 

prescription use of propofol as an 

anesthetic in dogs and cats. 

DATES: This rule is effective July 6, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Melanie R. Berson, Center for Veterinary 

Medicine (HFV–110), Food and Drug 

Administration, 7500 Standish Pl., 

Rockville, MD 20855, 240–276–8337, 

email: melanie.berson@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: Fort 

Dodge Animal Health, Division of 

Wyeth, a wholly owned subsidiary of 

Pfizer, Inc., 235 East 42d St., New York, 

NY 10017 filed NADA 141–303 that 

provides for veterinary prescription use 

of PROPOCLEAR (propofol) in dogs and 


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