23958 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Proposed Rules 

law enforcement process, the applicable 

exemptions may be waived. 

List of Subjects in 6 CFR Part 5 

Privacy, Freedom of information. 

For the reasons stated in the 

preamble, DHS proposes to amend 

Chapter I of Title 6, Code of Federal 

Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

1. The authority citation for part 5 

continues to read as follows: 

Authority: Pub. L. 107–296, 116 Stat. 

2135, 6 U.S.C. 101 et seq.; 5 U.S.C. 301. 

Subpart A also issued under 5 U.S.C. 552. 

Subpart B also issued under 5 U.S.C. 552a. 

2. Add at the end of Appendix C to 

Part 5, Exemption of Record Systems 

under the Privacy Act, the following 

new paragraph 14: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

14. The Department of Homeland Security 

Compliance Tracking and Management 

System (CTMS) consists of electronic and 

paper files that will be used by DHS and its 

components. This system of records will be 

used to perform a range of information 

management and analytic functions 

involving minimizing misuse, abuse, 

discrimination, breach of privacy, and 

fraudulent use of SAVE and E-Verify. 

Pursuant to 5 U.S.C. 552a(k)(2) of the Privacy 

Act, this system is exempt from the following 

provisions of the Privacy Act, subject to the 

limitations set forth in those subsections: 5 

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I), and (f). Exemptions from 

these particular subsections are justified, on 

a case-by-case basis to be determined at the 

time a request is made, for the following 

reasons: 

(a) From subsection (c)(3) (Accounting for 

Disclosures) because release of the 

accounting of disclosures could alert the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation to the existence of the investigation, 

and reveal investigative interest on the part 

of DHS as well as the recipient agency. 

Disclosure of the accounting would therefore 

present a serious impediment to law 

enforcement efforts and/or efforts to preserve 

national security. Disclosure of the 

accounting would also permit the individual 

who is the subject of a record to impede the 

investigation, to tamper with witnesses or 

evidence, and to avoid detection or 

apprehension, which would undermine the 

entire investigative process. 

(b) From subsection (d) (Access to Records) 

because access to the records contained in 

this system of records could inform the 

subject of an investigation of an actual or 

potential criminal, civil, or regulatory 

violation, to the existence of the 

investigation, and reveal investigative 

interest on the part of DHS or another agency. 

Access to the records could permit the 

individual who is the subject of a record to 

impede the investigation, to tamper with 

witnesses or evidence, and to avoid detection 

or apprehension. Amendment of the records 

could interfere with ongoing investigations 

and law enforcement activities and would 

impose an impossible administrative burden 

by requiring investigations to be 

continuously reinvestigated. In addition, 

permitting access and amendment to such 

information could disclose security-sensitive 

information that could be detrimental to 

homeland security. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of Federal law, the accuracy of 

information obtained or introduced 

occasionally may be unclear or the 

information may not be strictly relevant or 

necessary to a specific investigation. In the 

interest of effective law enforcement, it is 

appropriate to retain all information that may 

aid in establishing patterns of unlawful 

activity. 

(d) From subsections (e)(4)(G), (H), and (I) 

(Agency Requirements), and (f) (Agency 

Rules) because portions of this system are 

exempt from the individual access provisions 

of subsection (d) for the reasons noted above, 

and therefore DHS is not required to establish 

requirements, rules, or procedures with 

respect to such access. Providing notice to 

individuals with respect to existence of 

records pertaining to them in the system of 

records or otherwise setting up procedures 

pursuant to which individuals may access 

and view records pertaining to themselves in 

the system would undermine investigative 

efforts and reveal the identities of witnesses, 

and potential witnesses, and confidential 

informants. 

Dated: May 15, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–11966 Filed 5–21–09; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 945 

[Doc. No. AMS–FV–08–0062; FV08–945–1 

PR] 

Irish Potatoes Grown in Certain 

Designated Counties in Idaho, and 

Malheur County, OR and Imported Irish 

Potatoes; Relaxation of Size 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

relax the size requirements for potatoes 

handled under the marketing order for 

Idaho-Eastern Oregon potatoes and for 

long type potatoes imported into the 

United States. This rule would revise 

the size requirements to allow: Creamer 

size (3⁄4 inch to 15⁄8 inches diameter) for 

all varieties of potatoes to be handled if 

the potatoes otherwise meet U.S. No. 1 

grade; and round type potatoes to be 

handled without regard to size so long 

as the size is specified on the container 

in connection with the grade. The 

proposed changes are intended to 

improve the handling and marketing of 

Idaho-Eastern Oregon potatoes and 

increase returns to producers. The 

proposed changes would also allow the 

importation of Creamer size long type 

potatoes under regulations as authorized 

by section 8e of the Agricultural 

Marketing Agreement Act of 1937. 

DATES: Comments must be received by 

July 21, 2009. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

should be sent to the Docket Clerk, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

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: 

Barry Broadbent or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW Third Avenue, 

Suite 385, Portland, OR 97204; 

Telephone: (503) 326–2724, Fax: (503) 

326–7440, or E-mail: 

Barry.Broadbent@usda.gov or 

GaryD.Olson@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@usda.gov. 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Proposed Rules 23959 

SUPPLEMENTARY INFORMATION: This 

proposed 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, 

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.’’ 

This proposed rule is also issued 

under section 8e of the Act, which 

provides that whenever certain 

specified commodities, including 

potatoes, are regulated under a Federal 

marketing order, imports of these 

commodities into the United States are 

prohibited unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This action is not 

intended to have retroactive effect. This 

proposed 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 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. 

There are no administrative 

procedures which must be exhausted 

prior to any judicial challenge to the 

provisions of import regulations issued 

under section 8e of the Act. 

Under the terms of the marketing 

order, fresh market shipments of IdahoEastern Oregon potatoes are required to 

be inspected and are subject to grade, 

size, quality, maturity, pack, and 

container requirements. This proposed 

rule invites comments on relaxing the 

current size requirements for potatoes 

handled under the order. As required 

under section 8e of the Act, the addition 

of the Creamer size allowance for U.S. 

No. 1 grade potatoes to the size 

requirements contained in the 

marketing order regulations would 

change the import regulations for 

imported long type potatoes. 

At its meeting on June 9, 2008, the 

Committee unanimously recommended 

relaxing the size requirements for all 

varieties of U.S. No. 1 grade potatoes. 

Additionally, the Committee 

recommended adding a provision to the 

current requirements that would allow 

handling of U.S. No. 2 or better grade 

round type potatoes without regard to 

size so long as the size is specified on 

the container in connection with the 

grade. 

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 establishes minimum 

grade, size, and maturity requirements 

for potatoes handled subject to the 

order. Currently, the order’s handling 

regulations specify the size requirement 

for round type potato varieties handled 

subject to the order to be 17⁄8 inches 

minimum diameter. All other varieties 

of potatoes handled must be 2 inches 

minimum diameter, or 4 ounce 

minimum weight, provided that at least 

40 percent of the potatoes in each lot 

shall be 5 ounces or heavier. 

Additionally, the order’s handling 

regulations allow the handling of Size B 

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

established in the United States 

Standards for Grades of Potatoes (7 CFR 

51.1540–51.1566), so long as the 

potatoes otherwise meet the 

requirements of U.S. No. 1 grade. 

This proposed rule would relax the 

size requirements of potatoes regulated 

under the order to allow the handling of 

Creamer size potatoes (3⁄4 to 15⁄8 inches 

diameter, as defined in the United 

States Standards for Grades of Potatoes), 

if those potatoes otherwise meet the 

requirements of U.S. No. 1 grade. In 

addition, this rule would add a 

provision to the existing size 

requirements to allow U.S. No. 2 grade 

or better round type potatoes to be 

handled without regard to size, so long 

as the size is specified on the container 

in connection with the grade. This 

change is consistent with the size 

requirements for U.S. No 1 and U.S. No. 

2 grade potatoes as contained in the 

United States Standards for Grades of 

Potatoes. 

Committee members stated that 

consumer demand for small potatoes 

has been increasing in recent years and 

now makes up a significant percentage 

of total domestic potato consumption. 

The trend has also increased domestic 

market demand for potatoes smaller 

than currently allowed by the size 

requirements prescribed in the order. 

This shift in consumer preference has 

been recognized with the inclusion of 

the new Creamer size classification in 

the most recent update of the United 

States Standards for Grades of Potatoes, 

which became effective April 21, 2008 

(73 FR 15052). The market for smaller 

potatoes is currently being supplied by 

potato production areas outside the 

order’s production area and through 

limited special purpose shipments 

authorized under § 945.341(e)(iii). 

Committee members believe that it is 

important that the handling regulations 

be changed to recognize the significant 

increase in the demand for small size 

potatoes. They believe that relaxing the 

minimum size requirement for certain 

grades and packs of potatoes would 

enable handlers to market a larger 

portion of the potato crop in fresh 

market outlets, meet the supply needs of 

potato buyers, and satisfy the 

purchasing preferences of potato 

consumers. 

According to the Committee, quality 

assurance is very important to the 

industry and to its customers. Providing 

the public with acceptable quality 

produce that is appealing to the 

consumer on a consistent basis is 

necessary to maintain consumer 

confidence in the marketplace. The 

Committee believes that relaxing the 

size requirements, while maintaining all 

other regulatory requirements, will 

preserve their commitment to quality 

while allowing the industry to adapt to 

changing consumer preferences. 

The Committee reported that potato 

size is a significant consideration of 

potato buyers. Providing them the sizes 

desired by their customers is important 

to promoting potato sales. In addition, 

small size potatoes tend to command 

higher prices in the market, providing 

producers and handlers the opportunity 

to increase revenues. This proposed 

change is expected to improve the 

marketing of Idaho-Eastern Oregon 

potatoes, increase the volume of 

potatoes handled, and enhance overall 

returns to producers. 

Section 8e provides the authority for 

the regulation of certain imported 

commodities whenever those same 

commodities are regulated by a 

domestic marketing order. Potatoes are 

one of the commodities specifically 

covered by section 8e in the Act. In 


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23960 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Proposed Rules 

addition, section 8e provides that 

whenever two or more such marketing 

orders regulating the same agricultural 

commodity produced in different areas 

are concurrently in effect, imports must 

comply with the provisions of the order 

which regulates the commodity 

produced in the area with which the 

imported commodity is in the ‘‘most 

direct competition.’’ Section 

980.1(a)(2)(iii) contains the 

determination that imports of long type 

potatoes during each month of the year 

are in most direct competition with 

potatoes of the same type produced in 

the area covered by the order. 

Minimum grade, size, quality, and 

maturity requirements for potatoes 

imported into the United States are 

currently in effect under § 980.1. 

Section 980.1(b)(3) provides that, 

through the entire year, the grade, size, 

quality, and maturity requirements of 

Marketing Order No. 945 applicable to 

potatoes of all long types shall be the 

respective grade, size, quality, and 

maturity requirements for imported 

potatoes of all long types. This proposal 

would relax the size requirements for 

imports of U.S. No. 1 grade, long type 

potatoes. Currently, the minimum size 

requirement for imported long type U.S. 

No. 1 grade potatoes is Size B (11⁄2 to 

21⁄4 inches). The proposed change 

would allow importation of Creamer 

size (3⁄4 inch to 15⁄8 inches) long type 

potatoes if the potatoes otherwise meet 

the requirements of the U.S. No. 1 grade 

standard. 

Initial Regulatory Flexibility Analysis 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (RFA), 

the Agricultural Marketing Service 

(AMS) has considered the economic 

impact of this action 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 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 which 

regulate the handling of domestically 

produced products. 

There are approximately 46 handlers 

of Idaho-Eastern Oregon potatoes who 

are subject to regulation under the order 

and about 900 potato producers in the 

regulated area. In addition, there are 

approximately 255 importers of all types 

of potatoes, many of which import long 

types, who are subject to regulation 

under the Act. Small agricultural service 

firms, which include potato handlers 

and importers, are defined by the Small 

Business Administration (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000, and small 

agricultural producers are defined as 

those whose annual receipts are less 

than $750,000. 

Based on a 2005–2007 average fresh 

potato production of 32,242,467 

hundredweight as calculated from 

Committee records, a three-year average 

of producer prices of $6.95 per 

hundredweight reported by the National 

Agricultural Statistics Service (NASS), 

and 900 Idaho-Eastern Oregon potato 

producers, the average annual producer 

revenue is approximately $248,984. It 

can be concluded, therefore, that a 

majority of these producers would be 

classified as small entities. 

In addition, based on Committee 

records and 2005–2007 f.o.b. shipping 

point prices predominantly ranging 

from $5.00 to $26.00 per hundredweight 

reported by USDA’s Market News 

Service (Market News), many of the 

Idaho-Eastern Oregon potato handlers 

do not ship over $7,000,000 worth of 

potatoes. In view of the foregoing, it can 

be concluded that a majority of the 

handlers would be classified as small 

entities as defined by the SBA. The 

majority of potato importers may be 

classified as small entities as well. 

This proposed rule would relax the 

size requirements of potatoes regulated 

under the order to allow the handling of 

Creamer size potatoes, if those potatoes 

otherwise meet the requirements of U.S. 

No. 1 grade. Additionally, this rule 

would add a provision to the existing 

size requirements that would allow 

round type potatoes to be handled 

without regard to size, so long as the 

size is specified on the container in 

connection with the grade. 

Pursuant to section 8(e), this rule 

would also relax the size requirements 

of the import regulations to allow 

importation of Creamer size, long type 

potatoes if the potatoes otherwise meet 

the requirements of U.S. No. 1 grade. 

This rule would not affect the current 

import requirements for red-skinned, 

round type or all other round type 

potatoes and would not require any 

language changes to § 980.1 of the 

vegetable import regulations. 

Committee members believe it is 

important to modify the handling 

regulations to recognize the significant 

increase in the demand for smaller size 

potatoes. They believe that relaxing the 

minimum size requirements would 

enable handlers to market a larger 

portion of the crop in fresh market 

outlets and to meet the needs of 

consumers and produce buyers. Market 

mechanisms have indicated that smaller 

minimum diameter potatoes are 

desirable, as evidenced by the 

increasing demand for such potatoes, 

and consistently command higher prices 

in relation to larger diameter potatoes. 

This action is being proposed to ensure 

that the growing market for smaller 

sized potatoes continues to be 

adequately supplied. This proposed 

change is expected to improve the 

marketing of Idaho-Eastern Oregon 

potatoes and increase returns to 

producers. 

Authority for this proposed rule is 

provided in §§ 945.51 and 945.52 of the 

order. Section 945.341(a)(2) of the 

order’s handling regulations prescribes 

the size requirements. Relevant import 

regulations are contained in §§ 980.1 

and 980.501. 

At the June 9, 2008, meeting, the 

Committee discussed the impact of this 

change on handlers and producers. The 

proposal is a relaxation of current 

regulation and, as such, should either 

generate a positive impact or no impact 

on industry participants. The 

Committee did not foresee a situation in 

which this proposed change would 

negatively impact either handlers or 

producers. 

Neither the Committee nor NASS 

compile statistics exclusively relating to 

the production of small size potatoes. 

The Committee has relied on the 

opinions of the producers and the 

handlers familiar with that market to 

draw its conclusions. Information 

presented in the June 9 meeting suggests 

that there is increasing domestic 

consumer demand for small size 

potatoes. There also appears to be a 

trend in domestic consumer preference 

toward increasingly smaller diameter 

potatoes. This is in contrast to the 

demand for larger size potatoes, which 

has been essentially static for several 

years. 

The addition of the Creamer size 

designation to the United States 

Standards for Grades of Potatoes by the 

USDA Fresh Products Branch (Fresh 

Products) supports the Committee’s 

position that market demand for small 

size potatoes is increasing. Prior to the 

recent changes made in the United 

States Standards for Grades of Potatoes, 

the smallest potato size designation was 

Size B, with a minimum diameter of 11⁄2

inches. Fresh Products determined that 

a smaller potato size designation was 

necessary to accommodate emerging 

marketing trends in the potato industry. 

The addition of the Creamer size 


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Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Proposed Rules 23961 

designation reduced the minimum 

potato size, as determined in the United 

States Standards for Grades of Potatoes, 

to 3⁄4 inches diameter. 

The Committee reported that smaller 

size potatoes of good quality receive 

premium prices. While USDA Market 

News does not report on round type 

potatoes or on small size, long type 

potatoes in the Idaho-E. Oregon area, 

but does report on activity in other 

regions producing both round types and 

smaller sizes of potatoes, reports from 

other areas do show that the higher 

grade, small size round type potatoes 

consistently command higher prices 

than larger potatoes. It would be 

reasonable to expect price trends 

between production areas to move 

together, given that the regions would 

compete with each other for sales in the 

domestic market. 

Relaxing the size requirement would 

allow producers and handlers of 

potatoes under the order to ship a 

greater percentage of their crop to the 

fresh market. In addition, shipments of 

the smaller size potatoes that would be 

allowed after this change should 

command higher prices, which would 

be expected to increase total net returns 

for those firms who chose to ship. The 

benefits derived from this rule change 

are not expected to be 

disproportionately more or less for 

small handlers or producers than for 

larger entities. 

Additionally, this rule would allow 

potato importers to respond to the 

changing demand of the domestic 

consumers. The market’s increasing 

preference for small size potatoes 

applies to imported potatoes as well as 

domestic potatoes. Thus, importers 

would benefit by increasing sales to an 

emerging domestic market segment. 

The Committee discussed alternatives 

to this proposed change. One alternative 

included making no change at all to the 

current regulation. The Committee did 

not believe that maintaining the current 

requirements would serve to meet the 

needs of consumers or buyers, and 

would not ultimately be of any benefit 

to the industry. Another alternative 

discussed was to allow smaller size 

potatoes to continue to be handled 

exempt from regulation under the 

special purpose shipment provisions 

provided within the order. This option 

was also rejected because it could 

potentially allow lower quality potatoes 

to be shipped into the fresh market. 

Lastly, the Committee considered 

further relaxing the size requirement for 

potatoes beyond what is proposed in 

this rule. The discussion centered on 

whether to extend the relaxation to U.S. 

No. 2 grade potatoes as well. The 

Committee believed that the proposed 

relaxation is sufficient to adequately 

supply the growing market demand for 

smaller size potatoes while still 

maintaining high quality standards for 

such potatoes. After consideration of all 

the alternatives, the Committee believes 

that the proposed changes contained 

herein would provide the greatest 

amount of benefit to the industry with 

the least amount of cost. 

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. 

This rule would not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

potato handlers and importers. 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 proposed 

rule. 

Further, 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 June 9, 

2008, meeting was a public meeting and 

all entities, both large and small, were 

able to express their views on this issue. 

Finally, interested persons are invited to 

submit comments on this proposed rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

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=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

In accordance with section 8e of the 

Act, the United States Trade 

Representative has concurred with the 

issuance of this proposed rule. 

A 60-day comment period is provided 

to allow interested persons to respond 

to this proposal. All written comments 

timely received will be considered 

before a final determination is made on 

this matter. 

List of Subjects in 7 CFR Part 945 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth above, 7 CFR 

part 945 is proposed to be amended as 

follows: 

PART 945—IRISH POTATOES GROWN 

IN CERTAIN DESIGNATED COUNTIES 

IN IDAHO, AND MALHEUR COUNTY, 

OREGON 

1. The authority citation for 7 CFR 

part 945 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

2. In § 945.341, paragraphs (a)(2)(i) 

and (a)(2)(iii) are revised to read as 

follows: 

§ 945.341 Handling regulation. 

* * * * * 

(a) * * * 

* * * * * 

(2) * * * 

(i) Round varieties. 17⁄8 inches 

minimum diameter, unless otherwise 

specified on the container in connection 

with the grade. 

(ii) * * * 

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

better. (A) Size B (11⁄2 to 21⁄4 inches 

diameter). 

(B) Creamer (3⁄4 to 15⁄8 inches 

diameter). 

* * * * * 

Dated: May 18, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–11968 Filed 5–21–09; 8:45 am] 

BILLING CODE 3410–02–P 

FARM CREDIT ADMINISTRATION 

12 CFR Parts 611, 613, 615, 619, and 

620 

RIN 3052–AC43 

Organization; Eligibility and Scope of 

Financing; Funding and Fiscal Affairs, 

Loan Policies and Operations, and 

Funding Operations; Definitions; and 

Disclosure to Shareholders; Director 

Elections 

AGENCY: Farm Credit Administration. 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: The Farm Credit 

Administration (FCA, Agency or we) is 

extending the comment period on the 

proposed rulemaking that seeks 

comments on proposed changes to the 

rules on Farm Credit System (System) 

bank and association director elections 


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