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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

16565

Vol. 60, No. 62

Friday, March 31, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 948

[FV94–948–3FR]

Irish Potatoes Grown in Colorado;

Reestablishment of Area No. 2 and

Area No. 3 Regulatory Boundaries, and

Redistribution of Area No. 2 Committee

Representation

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule reestablishes

regulatory area boundaries by moving

Chaffee County from Area No. 3 to Area

No. 2, and combines Chaffee County

with Saguache County for the purpose

of providing Chaffee County with

producer representation on the Area No.

2, rather than the Area No. 3,

Committee. This rule will provide for

more effective administration of the

marketing order and more effective

compliance efforts. This rule was

unanimously recommended by the Area

No.2 and Area No. 3 Committees, the

administrative agencies established for

these regulatory areas under the

marketing order for Colorado potatoes.

EFFECTIVE DATE: March 31, 1995.

FOR FURTHER INFORMATION CONTACT:

Dennis L.West, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW third Avenue, room 369, Portland,

Oregon 97204–2807; telephone: (503)

326–2724; or Mark A. Slupek, Marketing

Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

DC 20090–6456; telephone: (202) 205–

2830.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement No. 97 and Marketing Order

No. 948 (7 CFR part 948), as amended,

regulating the handling of Irish potatoes

grown in Colorado. The marketing

agreement and order are authorized by

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 is

issuing this rule in conformance with

Executive Order 12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have retroactive effect. This final rule

will not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

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 the Secretary 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 the Secretary 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 in

equity to review the Secretary ruling on

the petition, provided a bill in equity is

filed not later than 20 days after the date

of the entry of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Administrator of the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

final rule on small entities.

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. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 120 handlers

of Colorado potatoes who are subject to

regulation under the marketing order

and approximately 400 producers of

Colorado potatoes in the regulatory

areas. Small agricultural service firms

have been defined by the Small

Business Administration (13 CFR

121.601) as those having annual receipts

of less than $5,000,000, and small

agricultural producers are defined as

those whose annual receipts are less

than $500,000. The majority of potato

producers and handlers regulated under

the marketing agreement and order may

be classified as small entities.

The production area under Marketing

Order No. 948 is divided into three

regulatory areas. Area No. 1 (Area 1),

also called the Western Slope, consists

of 17 counties in the western portion of

the State of Colorado. Marketing order

regulations are not currently in effect in

Area 1 because of limited potato

production. Area No. 2 (Area 2), known

as the San Luis Valley, consists of 9

counties and is located in the southern

part of the State. Area No. 3 (Area 3), the

Greeley area, consists of 37 counties

covering most of the eastern part of the

State. Producers in Areas 2 and 3

produce significant quantities of

potatoes, and, thus, have active

committees and regulations.

Section 948.150, reestablished area

committees as administrative agencies

for both of the active areas.

Section 948.53 provides authority for

areas, subdivisions of areas, or

distribution of representation among the

subdivision of areas, to be reestablished

by the Secretary upon area committee

recommendations.

This final rule (1) reestablishes area

boundaries by removing Chaffee County

from Area 3 and adding it to Area 2, and

(2) combines Chaffee County with

Saguache County for the purpose of

providing Chaffee County with producer

representation on the Area 2 Committee.

The Area 2 and Area 3 Committees

met on October 13, 1994, and October

18, 1994, respectively, and each

unanimously recommended this

reestablishment of boundaries between

Area 2 and Area 3. The Colorado Potato

Committee, which consists of

representatives from both of the area

Committees, ratified the

recommendation on November 2, 1994.

The Area 2 Committee also

unanimously recommended that Chaffee

County be combined with Saguache

County for the purpose of providing

Chaffee County with producer
16566 Federal Register / Vol. 60, No. 62 / Friday, March 31, 1995 / Rules and Regulations

representation on the Area 2 Committee,

rather than the Area 3 Committee.

The Committees made their

recommendations to reestablish

boundaries after reviewing a request

from a producer/handler located near

Salida, Colorado, a relatively new potato

production area in Chaffee County.

Salida is approximately 250 miles from

the administrative headquarters of the

Area 3 Committee in Greeley, Colorado,

but only 65 miles from the

administrative headquarters of the Area

2 Committee in Monte Vista, Colorado.

There are approximately 115 acres of

potatoes grown in Chaffee County.

Arable land in Chaffee County is

generally limited to the area around

Salida. Industry estimates place the

potential for additional potato

production at about 500 acres.

The Chaffee County production area

is geographically separated from the rest

of Area 3 potato production and is much

closer to that of Area 2. Potatoes

produced in Chaffee County are

marketed similarly to those in Area 2.

Potatoes grown in Chaffee County are,

for example, often marketed through

handlers from Area 2, but seldom

marketed by Area 3 handlers located

outside of Chafee County.

The rule increases the opportunity for

the producers or handlers to serve on an

area committee by greatly decreasing

travel time and cost to attend area

Committee meetings. This rule also

enable any Chaffeee County producers

to be in the same committee area with

handlers who most often handle their

production.

The rule also modifies the

distribution of producer membership of

the Area 2 Committee to accommodate

the addition of Chaffee County to Area

2. Saguache County, immediately to the

south of Chaffee County, currently has

one producer representative on the Area

2 Committee. The rule combines Chaffee

and Saguache Counties as one district

for the purpose of nominating a

producer member to the Area 2

Committee. The change will continue to

provide balanced representation on the

Area 2 Committee, consistent with

acreage and production. Chaffee County

handlers also will be represented as the

Area 2 Committee has five handler

member positions, two representing

bulk handlers.

The close proximity of the Area 2

administrative office to Chaffee County

will improve the efficiency of marketing

order administration. Marketing order

compliance in Chaffee County will be

more efficiently administered by the

Area 2 Administrative Committee office

because of its proximity to Chaffee

County.

Although this final rule removes

Chaffee County from Area 3, regulatory

language in the newly created section

948.153 only references the addition of

Chaffee County to Area 2. Section 948.4

currently states that Area 3 includes and

consists of all the remaining counties in

the State of Colorado which are not

included in Area 1 or Area 2. Therefore,

the addition of Chaffee County to Area

2 automatically removes Chaffee County

from Area 3, with no other

corresponding change needed.

The proposed rule concerning this

action was published in the January 30,

1995, Federal Register (60 FR 5597),

with a 30-day comment period ending

March 1, 1995. No comments were

received.

Based on the above, the Administrator

of the AMS has determined that this

action will not have a significant

economic impact on a substantial

number of small entities.

After consideration of all relevant

matter presented, including the

information and recommendations

submitted by the committees 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 found

that good cause exists for not

postponing the effective date of this

action until 30 days after publication in

the Federal Register because: (1) the

Area 2 committee is planning to

conduct its annual nomination meeting

on March 31, 1995; and (2) producers

and handlers are aware of this action,

which was recommended at open

committee meetings, and need no

additional time to prepare for operation

under this 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:

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. In § 948.150, paragraph (a) is

revised to read as follows:

§ 948.150 Reestablishment of committee

membership.

* * * * *

(a) Area No. 2 (San Luis Valley):

Seven producers and five handlers

selected as follows:

Two (2) producers from Rio Grande

County;

One (1) producer from Chaffee County and

Saguache County;

One (1) producer from Conejos County;

Two (2) producers from Alamosa County;

One (1) producer from all other counties in

Area No. 2;

Two (2) handlers representing bulk

handlers in Area No. 2;

Three (3) handlers representing handlers in

Area No. 2 other than bulk handlers.

* * * * *

3. A new § 948.153 is added to read

as follows:

§ 948.153 Reestablishment of area.

Pursuant to § 948.53, Area No. 2 is

reestablished as follows:

Area No. 2 (San Luis Valley) includes and

consists of the counties of Chaffee, Saguache,

Huerfano, Las Animas, Mineral, Archuleta,

Rio Grande, Conejos, Costilla, and Alamosa,

in the State of Colorado.

Dated: March 27, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–7961 Filed 3–30–95; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Airspace Docket No. 95–AWP–1]

Amendment of Class D Airspace;

Redding, CA

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action amends the Class

D airspace area at Redding, CA. This

action is necessary due the recent

closures of Enterprise Skypark, CA and

Redding Sky Ranch Airport, CA. This

amendment will delete the Redding Sky

Ranch Airport and Enterprise Skypark

from the Class D airspace area at

Redding, CA.

EFFECTIVE DATE: 0901 UTC, July 20,

1995.

FOR FURTHER INFORMATION CONTACT:

Scott Speer, Airspace Specialist, System

Management Branch, AWP–530, Air

Traffic Division, Western-Pacific

Region, Federal Aviation

Administration, 15000 Aviation

Boulevard, Lawndale, California, 90261,

telephone (310) 297–0010.

SUPPLEMENTARY INFORMATION:

History

On January 6, 1995, the FAA

proposed to amend part 71 of the