This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

50837 

Vol. 86, No. 174 

Monday, September 13, 2021 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 945 

[Doc. No. AMS–SC–20–0074; SC20–945–1 

FR] 

Modification of Handling Regulations 

for Irish Potatoes Grown in Designated 

Idaho and Eastern Oregon Counties 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule revises size 

requirements for Irish potatoes grown in 

certain designated counties of Idaho, 

and Malheur County, Oregon. The 

Idaho-Eastern Oregon Potato Committee 

(Committee) recommended this action 

to improve the handling and marketing 

of Idaho-Eastern Oregon potatoes and 

increase returns to producers. 

DATES: Effective October 13, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Gregory A. Breasher, Marketing 

Specialist, or Gary D. Olson, Regional 

Manager, Northwest Marketing Field 

Office, Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA; Telephone: (503) 326– 

2054, Fax: (503) 326–7440, or Email: 

Gregory.Breasher@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Marketing Order and Agreement 

Division, Specialty Crops Program, 

AMS, USDA, 1400 Independence 

Avenue SW, STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, or Email: Richard.Lower@

usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

amends regulations issued to carry out 

a marketing order as defined in 7 CFR 

900.2(j). This final rule is issued under 

Marketing Agreement and Marketing 

Order No. 945, both as amended (7 CFR 

part 945), regulating the handling of 

Irish potatoes grown in certain 

designated counties in Idaho, and 

Malheur County, Oregon. Part 945 

(referred to as 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 Committee locally 

administers the Order and is comprised 

of potato producers and handlers 

operating within the production area. 

The Department of Agriculture 

(USDA) is issuing this final rule in 

conformance with Executive Orders 

12866 and 13563. Executive Orders 

12866 and 13563 direct agencies to 

assess all costs and benefits of available 

regulatory alternatives and, if regulation 

is necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. This action falls within a 

category of regulatory actions that the 

Office of Management and Budget 

(OMB) exempted from Executive Order 

12866 review. 

This final rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

tribal implications. The Agricultural 

Marketing Service (AMS) has 

determined that this final rule is 

unlikely to have substantial direct 

effects on one or more Indian tribes, on 

the relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This final 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. 

Under terms of the Order, fresh 

market shipments of Idaho-Eastern 

Oregon potatoes are required to be 

inspected and are subject to minimum 

grade, size, quality, maturity, pack, and 

container requirements. This rule 

revises provisions of previously 

established size requirements for 

potatoes handled under the Order. 

At its meeting on August 6, 2020, the 

Committee unanimously recommended 

revising the Order’s size requirements to 

allow shipment of Size B, U.S. No. 2 or 

better grade, non-Russet type potatoes. 

Sections 945.51 and 945.52 of the Order 

provide authority for the establishment 

and modification of grade, size, quality, 

and maturity regulations applicable to 

the handling of potatoes. 

Section 945.341 of the Order 

establishes minimum grade, size, 

quality, maturity, pack, and container 

requirements for potatoes handled 

subject to the Order. The Order’s 

handling regulations currently require 

that U.S. No. 2 or better grade, nonRusset type potatoes meet a minimum 

size of 17⁄8 inches diameter, unless 

otherwise specified on the container in 

connection with the grade. 

Additionally, all varieties of potatoes 

that meet requirements of the U.S. No. 

1 grade or better may be Size B (11⁄2 to 

21⁄4 inches) or Creamer (3⁄4 to 15⁄8

inches) size. 

This rule relaxes size requirements to 

allow handlers to ship Size B (11⁄2 to 21⁄4

inches), U.S. No. 2 or better grade, nonRusset variety potatoes. Revised size 

requirements are not applicable to 

Russet type potatoes. 

Committee members reported that the 

Idaho-Eastern Oregon potato industry 

has been producing and shipping an 

increasing number of non-Russet potato 

varieties—yellow and red skinned, 

round types, in particular. Institutional 

customers have indicated that they 


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50838 Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 

would like to purchase more of these 

potatoes, especially in the smaller size 

profiles like Size B. Currently, Size B 

potatoes of all varieties are required to 

meet requirements of the U.S. No. 1 

grade or better. The Committee believes 

that this requirement is too restrictive 

for non-Russet type potatoes and that 

market demand exists for Size B, nonRusset type potatoes in the U.S. No. 2 

or better grade. 

The Committee believes that potato 

size is a significant consideration for 

potato buyers. Providing potato buyers 

with the size and grade of potato desired 

by their customers is important to 

promoting potato sales. The Committee 

believes that size requirements intended 

to facilitate orderly marketing should 

not unintentionally inhibit a market 

segment, even if that segment is a minor 

one. Modifying size requirements to 

meet needs of potato buyers will 

facilitate the growth of the emerging 

market for small profile, non-Russet 

potato varieties. This change is expected 

to improve the marketing of IdahoEastern Oregon potatoes and enhance 

overall returns to handlers and 

producers. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this final rule 

on small entities. Accordingly, AMS has 

prepared this final regulatory flexibility 

analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

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. Import regulations issued under 

the Act are based on those established 

under Federal marketing orders. 

There are approximately 32 handlers 

of Idaho-Eastern Oregon potatoes who 

are subject to regulation under the Order 

and about 450 potato producers in the 

regulated area. Small agricultural 

service firms, which include potato 

handlers, are defined by the Small 

Business Administration (SBA) as those 

having annual receipts of less than 

$30,000,000, and small agricultural 

producers are defined as those whose 

annual receipts are less than $1,000,000 

(13 CFR 121.201). 

During the 2019–2020 fiscal period, 

the most recent full year of statistics 

available, 34,306,700 hundredweight of 

Idaho-Eastern Oregon potatoes were 

inspected as required by the Order and 

sold into the fresh market. Based on 

information provided by the National 

Agricultural Statistics Service (NASS), 

the average producer price for the 2019 

Idaho potato crop (the most recent full 

marketing year recorded) was $8.41 per 

hundredweight. Multiplying $8.41 by 

the shipment quantity of 34,306,700 

hundredweight yields an annual crop 

revenue estimate of $288,519,347. The 

average annual fresh potato revenue for 

each of the 450 producers is therefore 

calculated to be $641,154 ($288,519,347 

divided by 450), which is less than the 

SBA threshold of $1,000,000. 

Consequently, on average and assuming 

a normal distribution, most IdahoEastern Oregon potato producers may be 

classified as small entities. 

In addition, based on information 

reported by USDA’s Market News 

Service (Market News), the average 

Free-On-Board shipping point price for 

the 2019–2020 Idaho potato crop was 

$11.90 per hundredweight. Multiplying 

$11.90 by the shipment quantity of 

34,306,700 hundredweight yields an 

annual crop revenue estimate of 

$408,249,730. The average annual fresh 

potato revenue for each of the 32 

handlers is therefore calculated to be 

$12,757,804 ($408,249,730 divided by 

32), which is below the SBA threshold 

of $30,000,000 for agricultural service 

firms. Therefore, assuming a normal 

distribution, it has been concluded that 

most Idaho-Eastern Oregon potato 

handlers may be classified as small 

entities. 

This final rule revises size 

requirements for non-Russet type 

potatoes handled under the Order. 

Specifically, this action relaxes size 

requirements to allow shipment of nonRusset type, U.S. No. 2 or better grade, 

Size B potatoes. All other provisions of 

handling regulations will remain the 

same. 

This action was recommended by the 

Committee to ensure that consumers are 

able to purchase the size and grade of 

potatoes that they prefer and are 

familiar with. This change is expected 

to improve the marketability of IdahoEastern Oregon potatoes and increase 

returns to handlers and producers. 

Authority for this rule is provided in 

§§ 945.51 and 945.52 of the Order. 

At the August 6, 2020, meeting, the 

Committee discussed the impact of this 

change on handlers and producers. The 

change to size requirements is a 

relaxation in regulation. The regulatory 

change is expected to have a neutral to 

positive economic impact on industry 

participants. 

The Committee relied on opinions of 

producers and handlers familiar with 

the industry to draw its conclusions 

regarding the recommended change in 

handling regulations. The Committee 

received anecdotal evidence from 

industry members at the August 6, 2020, 

meeting that customers were already 

familiar with the Size B potato profile 

and the U.S. No. 2 grade standards. 

Allowing industry members to pack and 

ship such potatoes will help them to 

move what has traditionally been a 

difficult size profile to market. 

The Committee believes that this 

change will increase the quantity of 

potatoes in the Size B profile that are 

available to the fresh market, potentially 

increasing producer and handler 

revenues. Benefits derived from this 

rule change are not expected to be 

disproportionately more or less for 

small handlers or producers than for 

larger entities. 

The Committee discussed alternatives 

to this change. One consideration was 

making no change at all to the current 

requirements. Another alternative was 

to further differentiate between various 

varieties and types of potatoes in 

handling regulations. The Committee 

also discussed further relaxing handling 

regulations to allow shipment of U.S. 

No. 2 or better grade, Creamer size, nonRusset type potatoes in addition to its 

recommendation for Size B potatoes. 

After consideration of all alternatives, 

the Committee believed that changes 

contained herein provide the greatest 

benefit to producers and handlers while 

maintaining the integrity of the Order. 

The Committee’s meeting was widely 

publicized throughout the potato 

industry, and all interested persons 

were invited to attend the meeting and 

participate in Committee deliberations. 

Like all Committee meetings, the August 

6, 2020, meeting was a public meeting 

and all entities, both large and small, 

were able to express their views on this 

issue. Finally, interested persons were 

invited to submit comments on the 

proposed rule, including regulatory and 

information-collection 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 OMB and 

assigned OMB No. 0581–0178, 

Vegetable and Specialty Crops. No 

changes are necessary in these 

requirements as a result of this action. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This final rule does not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

potato handlers. As with all Federal 


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Federal Register / Vol. 86, No. 174 / Monday, September 13, 2021 / Rules and Regulations 50839 

1 82 FR 5238 (Jan. 17, 2017). 

2 Id. 

3 82 FR 31887 (July 11, 2017). 

4Nat’l Venture Capital Assoc., et al., v. Duke, 291 

F. Supp. 3d 5 (D.D.C. Dec. 1, 2017). 

5On May 29, 2018, DHS published a notice of 

proposed rulemaking (NPRM) to remove the 

international entrepreneur program from DHS 

regulations, but never finalized the proposal. See 83 

FR 24415 (May 29, 2018). Instead, on May 11, 2021, 

DHS withdrew the NPRM. See 86 FR 25809 (May 

11, 2021). 

6See 8 CFR 212.19(a)(5), (b)(2)(ii), and (c)(2)(ii). 

marketing order programs, reports and 

forms are periodically reviewed to 

reduce information requirements and 

duplication by industry and public 

sector agencies. USDA has not 

identified any relevant Federal rules 

that duplicate, overlap, or conflict with 

this rule. 

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. 

A proposed rule concerning this 

action was published in the Federal 

Register on April 23, 2021 (86 FR 

21667). Copies of the proposal were 

provided by the Committee to members 

and handlers. Finally, the proposed rule 

was made available through the internet 

by USDA and the Office of the Federal 

Register. A 60-day comment period 

ending June 22, 2021, was provided to 

allow interested persons to respond to 

the proposal. No comments were 

received. Accordingly, no changes have 

been made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower 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 was found that 

this rule effectuates the declared policy 

of the Act. 

List of Subjects in 7 CFR Part 945 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For reasons set forth above, 7 CFR 

part 945 is amended as follows: 

PART 945—IRISH POTATOES GROWN 

IN CERTAIN DESIGNATED COUNTIES 

IN IDAHO, AND MALHEUR COUNTY, 

OREGON 

■ 1. The authority citation for part 945 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 945.341, revise paragraphs 

(a)(2)(i) through (iii) to read as follows: 

§ 945.341 Handling regulation. 

(a) * * * 

(2) * * * 

(i) All varieties, except Russet types. 

(A) 17⁄8 inches minimum diameter, 

unless otherwise specified on the 

container in connection with the grade. 

(B) Size B (11⁄2 to 21⁄4 inches 

diameter). 

(ii) Russet types. (A) 2 inches 

minimum diameter, or 4 ounces 

minimum weight: Provided, that at least 

40 percent of the potatoes in each lot 

shall be 5 ounces or heavier. 

(B) Size B (11⁄2 to 21⁄4 inches diameter) 

if the potatoes otherwise meet 

requirements of U.S. No. 1 grade or 

better. 

(iii) All varieties, U.S. No. 1 grade or 

better. Creamer (3⁄4 to 15⁄8 inches 

diameter). 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2021–19678 Filed 9–10–21; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 212 

[CIS No. 2699–21; DHS Docket No.: USCIS– 

2021–0018] 

RIN 1615–AC75 

International Entrepreneur Program: 

Automatic Increase of Investment and 

Revenue Amount Requirements 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: On January 17, 2017, DHS 

published a final rule with new 

regulatory provisions guiding the use of 

parole on a case-by-case basis with 

respect to entrepreneurs of start-up 

entities who can demonstrate through 

evidence of substantial and 

demonstrated potential for rapid 

business growth and job creation that 

they would provide a significant public 

benefit to the United States. The 2017 

regulation provided that the investment 

and revenue amount requirements 

would automatically adjust every three 

years by the Consumer Price Index for 

All Urban Consumers (CPI–U). DHS is 

issuing this rule to inform the public of 

the increased amounts that will take 

effect at the start of Fiscal Year 2022 and 

to revise the regulations to accurately 

reflect the updated investment amounts. 

DATES: This final rule is effective on 

October 1, 2021. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions only: Charles L. 

Nimick, Chief, Business and Foreign 

Workers Division, Office of Policy and 

Strategy, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 5900 Capital 

Gateway Drive, Camp Springs, MD 

20588–0009, telephone (240) 721–3000 

(this is not a toll-free number). 

Individuals with hearing or speech 

impairments may access the telephone 

number above via TTY by calling the 

toll-free Federal Information Relay 

Service at 1–877–889–5627 (TTY/TDD). 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The International Entrepreneur 

Program 

On January 17, 2017, the Department 

of Homeland Security (DHS) published 

a final rule with new regulatory 

provisions guiding the use of parole on 

a case-by-case basis with respect to 

entrepreneurs of start-up entities. These 

entrepreneurs would be eligible for 

consideration of parole if they could 

demonstrate a significant public benefit 

to the United States through substantial 

and demonstrated potential for rapid 

business growth and job creation.1 The 

final rule was to be effective July 17, 

2017.2

On July 11, 2017, DHS published a 

rule delaying the effective date to March 

14, 2018.3 Two individuals, two 

businesses, and the National Venture 

Capital Association sued DHS, 

challenging the delay rule for violating 

the Administrative Procedure Act’s 

notice and comment requirement at 5 

U.S.C. 553. The D.C. Circuit, agreeing 

with the plaintiffs, vacated the delay 

rule on December 1, 2017, allowing the 

rule to go into effect without further 

delay.4

The regulatory provisions established 

by the January 17, 2017 rule, which 

were implemented after the delay rule 

was vacated on December 1, 2017,5

provide specific investment and 

revenue amounts that can support an 

application for parole and re-parole.6

The rule also stated that the investment 

and revenue amounts will be 


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