This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

25678 

Vol. 74, No. 102 

Friday, May 29, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 948, 953, and 980 

[Doc. No. AMS–FV–08–0018; FV08–980–1 

PR] 

Vegetable Import Regulations; 

Modification of Potato Import 

Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on proposed modifications to the import 

regulations for Irish potatoes. This rule 

is implemented in accordance with 

section 608(e) (hereinafter referred to as 

‘‘section 8e’’) of the Agricultural 

Marketing Agreement Act of 1937, 

which requires imported potatoes to 

meet the same or comparable grade, 

size, quality, and maturity requirements 

as those established under Federal 

marketing order regulations. This rule 

would: Reduce the number of marketing 

order areas determined as being in the 

most direct competition with imported 

potatoes from five to three; exempt U.S. 

No. 1 grade potatoes imported in certain 

small containers from size requirements; 

and remove certain language from 

Marketing Orders No. 948 and 953 that 

reference the regulation of imported 

Irish potatoes. In addition, this rule 

would make minor administrative 

changes to the potato, onion, and tomato 

import regulations to update 

informational references. The proposed 

modifications to the import regulations 

are expected to benefit potato importers 

and consumers. 

DATES: Comments must be received by 

July 28, 2009. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must 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 

made 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. 

SUPPLEMENTARY INFORMATION: This 

proposed rule is issued under section 8e 

of the Agricultural Marketing 

Agreement Act of 1937, as amended (7 

U.S.C. 601–674), hereinafter referred to 

as the ‘‘Act,’’ which provides that 

whenever certain specified 

commodities, including potatoes 

produced in certain areas, are regulated 

under a Federal marketing order, 

imports of that commodity must meet 

the same or comparable grade, size, 

quality, and maturity requirements as 

those in effect for the domestically 

produced commodity. The import 

regulations for vegetables issued under 

section 8e, which cover imports of Irish 

potatoes, onions, and tomatoes, are 

contained in 7 CFR part 980. 

This proposed rule is also issued 

under Marketing Agreement No. 97 and 

Marketing Order No. 948, both as 

amended (7 CFR part 948), regulating 

the handling of Irish potatoes grown in 

Colorado, and Marketing Agreement No. 

104 and Marketing Order No. 953, both 

as amended (7 CFR part 953), regulating 

the handling of Irish potatoes grown in 

two southeastern States (Virginia and 

North Carolina). Both orders are 

effective under the Act. 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

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. 

Section 8e provides authority to 

regulate 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 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.’’ Currently, five 

marketing orders are determined to be 

in most direct competition with Irish 

potato imports, varying by the type of 

potato and the shipping season. Section 

980.1(a) reflects this determination. 

This proposed rule invites comments 

on the modification of the Irish potato 

import regulations that would reduce 

the number of domestic marketing order 

areas determined as being in the most 

direct competition with imported Irish 

potatoes from five to three. This rule 

would also exempt U.S. No. 1 grade 

potatoes that are imported in three 

pound or less containers from any 

concurrent marketing order size 

requirements. Additionally, this rule 

would remove language contained in 

Marketing Orders No. 948 and 953 that 

would become obsolete upon the 

implementation of this proposed rule. 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 25679 

Finally, this rule would make minor 

changes to update certain informational 

references contained in the Irish potato, 

onion, and tomato import regulations. 

Currently, five marketing orders are 

determined to be in most direct 

competition with imported Irish 

potatoes and act as the basis for the 

establishment of minimum grade, size, 

quality, and maturity requirements for 

imported Irish potatoes, as set forth in 

the import regulations issued under 

section 8e. The marketing order areas 

determined to be in most direct 

competition are as follows: Marketing 

Order No. 946 (Irish Potatoes Grown in 

Washington) for imports of red-skinned, 

round type potatoes during the period 

July through September; Marketing 

Order No. 948 (Area II) for imports of 

red-skinned, round type potatoes during 

the period October through the 

following June; Marketing Order No. 

953 for imports of round white potatoes 

during the period June 5 through July 

31; Marketing Order No. 948 (Area III) 

for imports of all other round type 

potatoes during the period August 1 

through June 4 of the following year; 

and Marketing Order No. 945 for 

imports of long type potatoes during 

each month of the marketing year. 

These determinations as to most 

direct competition need to be updated 

to reflect current production trends. 

With this rule, USDA is proposing to 

reduce the number of marketing orders 

determined to be in most direct 

competition with Irish potato imports 

from five to three: One for red-skinned, 

round type potatoes; one for all other 

varieties of round potatoes; and one for 

long type potatoes. Consequently, the 

import regulations for Irish potatoes (7 

CFR 980.1) would be revised by 

determining Marketing Order No. 946 as 

the production area in most direct 

competition with imports of redskinned, round type potatoes through 

the entire year and Marketing Order No. 

948 (Area II) as the production area in 

most direct competition with imports of 

all other round type potatoes through 

the entire year. Marketing Order No. 945 

would continue to be the area 

determined to be in most direct 

competition with imports of long type 

potatoes through the entire year. 

Production trends in recent years 

justify the proposed changes to the 

designation of the area in most direct 

competition with imported potatoes. 

The production area for Irish potatoes 

grown in Washington, Marketing Order 

No. 946, has emerged as the clear 

domestic shipping leader for fresh 

packed red-skinned, round type 

potatoes, shipping more than three 

times the quantity as any other domestic 

area. Based on marketing order records 

for the years 2003–2007, the production 

area for Marketing Order No. 946 

shipped an average of 1,370,410 

hundredweight of red-skinned, round 

type, fresh packed potatoes. The next 

highest marketing order production area 

was the San Luis Valley of Colorado, 

covered by Marketing Order No. 948 

(Area II). Based on marketing order 

statistics for the same period, the area 

shipped an average of 405,083 

hundredweight of red-skinned, round 

type, fresh packed potatoes. 

Furthermore, handlers in the Marketing 

Order No. 946 production area shipped 

in all 12 months of the year. 

Marketing Order 948 (Area II) ships a 

larger volume of red-skinned, round 

type, fresh packed potatoes a few 

months a year during its peak shipping 

season. However, Marketing Order 946 

should be established as the order in 

most direct competition year round. 

This is due to its dominance in shipping 

volumes and year round availability. 

Establishing one marketing order as the 

order in most direct competition for redskinned, round type potatoes would 

more accurately reflect current 

production trends and would simplify 

the process for importers by having the 

same regulations established on a year 

round basis. Consequently, USDA has 

determined that Marketing Order No. 

946 should be designated as the area 

determined to be in most direct 

competition with imports of redskinned, round type potatoes for the 

entire year. 

Likewise, the production area for Irish 

potatoes grown in the San Luis Valley 

of Colorado, Marketing Order No. 948 

(Area II), has become the predominant 

domestic shipping area of all other 

round type, fresh packed potatoes, 

shipping more than double the quantity 

as any other area. Based on marketing 

order statistics for the years 2003–2007, 

the production area for Marketing Order 

No. 948 (Area II) shipped an annual 

average of 1,671,810 hundredweight of 

all other round type, fresh packed 

potatoes. In addition, handlers in Area 

II shipped all other round type potatoes 

in all 12 months of the year. Following 

Colorado Area II in the quantity handled 

of all other round type, fresh potatoes 

was the Marketing Order No. 946 

production area, where an annual 

average of 778,400 hundredweight was 

shipped during this four year period. 

Prior to this proposal, USDA had 

determined that the production areas for 

Marketing Orders No. 948 (Area III) and 

No. 953 were in most direct competition 

with imports of all other round type 

potatoes during certain periods of the 

year and were designated as such in the 

import regulations. However, these 

production areas no longer ship fresh 

Irish potatoes in quantities that warrant 

the continuation of such a designation. 

Marketing order committee statistics 

show that handlers in the production 

area for Marketing Order No. 948 (Area 

III) shipped an annual average of 

203,115 hundredweight of all other 

round type, fresh potatoes for the years 

2003–2007, or approximately 12 percent 

of the amount shipped by the leading 

shipping area. Similarly, based on 

marketing order committee statistics, 

handlers in the production area for 

Marketing Order No. 953 shipped an 

annual average of 303,558 

hundredweight of all other round type, 

fresh potatoes during the years 2005– 

2007, which is approximately 18 

percent of the amount shipped by the 

leading shipping area. 

Marketing Order 946 ships a larger 

volume of other round type, fresh 

packed potatoes a few months a year 

during its peak shipping season. 

However, Marketing Order 948 (Area II) 

should be established as the order in 

most direct competition year round. 

This is due to its dominance in shipping 

volumes and year round availability. 

Establishing one marketing order as the 

order in most direct competition for 

other round type potatoes would more 

accurately reflect current production 

trends and would simplify the process 

for importers by having the same 

regulations established on a year round 

basis. Consequently, USDA has 

determined that, based on recent 

shipment statistics, Marketing Order No. 

948 (Area II) should be designated as the 

area determined to be in most direct 

competition with imports of all other 

round type potatoes for the entire year. 

The production area for Irish potatoes 

grown in certain designated counties in 

Idaho, and Malheur County, Oregon, 

covered by Marketing Order No. 945, 

has been, and is expected to continue to 

be, the production and shipping leader 

for long type potatoes. As such, the 

determination of the area in most direct 

competition with long type Irish potato 

imports as currently contained in the 

import regulations would continue 

unchanged. 

This rule would also exempt U.S. No. 

1 grade potatoes of any type imported in 

3 pound or less containers from the size 

requirements otherwise specified in the 

potato import regulations. Marketing 

Order No. 946, which covers potato 

production in the state of Washington, 

contains this exemption in the handling 

regulation. Washington is the only 

domestic potato production area to ship 

U.S. No. 1 grade potatoes in 3 pound or 

less containers without regard to size. 

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25680 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

However, they are marketed throughout 

the year. Therefore, the exemption from 

size requirements for imported potatoes 

in 3 pound or less containers should be 

based upon the regulation established 

under Marketing Order 946 for the 

entire year. This change would allow 

importers to import potatoes under 

comparable regulation. 

Additionally, as a result of the 

proposed changes delineated above, this 

proposed rule would remove 

§§ 948.387(h) and 953.322(g) from the 

respective marketing orders. The 

respective sections of each marketing 

order, specifically addressing 

‘‘Applicability to imports’’, would no 

longer be relevant with a change in the 

determination of areas in most direct 

competition with imported potatoes. 

Marketing Orders No. 948 (Area III) 

and No. 953 would continue to be viable 

marketing orders in providing for the 

orderly marketing of Irish potatoes in 

the respective production areas. This 

proposed action would have no direct 

bearing on the operation of those 

programs. The proposed change of 

determination would simply mean that 

those marketing orders would no longer 

be used as a basis for establishing Irish 

potato import requirements and, as 

such, any language in the marketing 

orders that link the orders to the potato 

import regulations would be rendered 

obsolete. 

Lastly, this rule would make minor 

changes to certain reference information 

included in the import regulations 

covering potatoes, onions, and tomatoes 

that either require updating or have 

become obsolete since the subpart was 

last amended. Specifically, the 

designation of governmental inspection 

services would be amended to reflect 

agency name changes, references to 

certain Code of Federal Regulations 

citation numbers would be updated to 

acknowledge changes, and outdated 

address information would be brought 

current. 

USDA believes that the proposed 

modifications specified above would 

streamline the import regulations that 

potato importers are subject to. It is 

expected that these changes would 

benefit importers of Irish potatoes and 

consumers. 

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. 

Small agricultural producers are 

defined as those whose annual receipts 

are less than $750,000, and small 

agricultural service firms, including 

potato importers, are defined by the 

Small Business Administration (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000. There are 

approximately 255 importers of all types 

of potatoes who are subject to regulation 

under the Act. The majority of potato 

importers may be classified as small 

entities. 

This proposal would modify the 

import regulations for Irish potatoes (7 

CFR 980.1) by reducing the number of 

areas designated as being in most direct 

competition with Irish potato imports 

from five to three due to changes in 

production trends. This proposed rule 

would designate Marketing Order No. 

946 as the sole production area in most 

direct competition with imports of redskinned, round type potatoes, whereas 

the previous determination was that 

both Marketing Orders No. 946 and No. 

948 (Area II) were the areas in most 

direct competition during certain 

specific periods of the year. This rule 

would also designate Marketing Order 

No. 948 (Area II) as the production area 

in most direct competition with imports 

of all other round type potatoes, 

whereas the previous determination was 

that Marketing Orders No. 948 (Area III) 

and No. 953 were the areas in most 

direct competition during certain 

specific periods of the year. 

Section 8e of the Act provides 

authority for the regulation of imported 

Irish potatoes, whenever similar type 

potatoes are regulated by a domestic 

marketing order. In 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 marketing order which 

regulates the commodity produced in 

the area with which the imported 

commodity is in the ‘‘most direct 

competition.’’ 

Currently, the Irish potato import 

regulations require importers to comply 

with the grade, size, quality, and 

maturity requirements of five marketing 

orders (Marketing Orders No. 945, No. 

946, No. 948 (Area II and Area III), and 

No. 953) depending on the type of 

potato and the time period when 

shipped. This proposal would reduce 

that number to three by eliminating 

Marketing Orders No. 948 (Area III) and 

No. 953 from the determinations in 

§ 980.1(a). Marketing Order No. 946 

would be determined as the area in most 

direct competition with imports of redskinned, round type potatoes, and 

Marketing Order No. 948 (Area II) 

would be determined as the area in most 

direct competition with imports of all 

other round type potatoes. Marketing 

Order No. 945 would continue as the 

area in most direct competition with 

imports of all long type potatoes. 

Designating just three marketing 

orders as being generally in most direct 

competition with imported potatoes of 

similar type would more accurately 

reflect current domestic production 

trends. Statistics from recent years show 

that the production area of Marketing 

Order No. 946 (Irish potatoes grown in 

Washington) has emerged as the clear 

leader in the production of red-skinned, 

round type potatoes, nearly tripling the 

next largest production area (Marketing 

Order No. 948 (Area II)). Likewise, the 

production area of Marketing Order No. 

948 (Area II) (Irish potatoes grown in the 

San Luis Valley of Colorado) has 

become the production leader of all 

other round type potatoes, producing 

over twice the quantity of these type 

potatoes than the next largest domestic 

producing region (Marketing Order No. 

946). The production area for Marketing 

Order No. 945 (Irish potatoes grown in 

certain designated counties in Idaho, 

and Malheur County, Oregon) continues 

to be the production leader of long type 

potatoes. 

This rule would also exempt U.S. No. 

1 grade potatoes of any type imported in 

3 pound or less containers from the size 

requirements otherwise specified in the 

potato import regulations. Marketing 

Order No. 946, which covers the only 

domestic potato production area that 

ships such potatoes, currently contains 

this exemption. However, they are 

marketed throughout the year. 

Therefore, the exemption from size 

requirements for imported potatoes in 3 

pound or less containers should be 

based upon the regulation established 

under Marketing Order 946 for the 

entire year. This change would allow 

importers to import potatoes under 

comparable regulation. 

Additionally, as a result of the 

proposed changes to the import 

regulations as delineated above, this 

rule would remove §§ 948.387(h) and 

953.322(g) from the respective 

marketing orders. These sections of each 

marketing order, specifically addressing 

‘‘Applicability to imports’’, would no 

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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 25681 

longer be necessary should the 

determination of areas in most direct 

competition with imported potatoes be 

modified as proposed. 

Lastly, this rule would make minor 

changes to certain informational 

references included in the import 

regulations covering potatoes, onions, 

and tomatoes that require updating 

since the subpart was last amended. 

Specifically, the designation of the 

governmental inspection service would 

be amended to reflect agency name 

changes, references to certain Code of 

Federal Regulations citation numbers 

would be updated to acknowledge 

changes, and outdated address 

information would be brought current. 

In most cases, the proposed changes 

to the potato import regulations would 

constitute a relaxation of the regulatory 

requirements that potato imports are 

subject to. In all other cases, the 

proposed action would be a 

continuation of the current regulatory 

requirements. Therefore, the proposed 

changes are expected to either maintain 

or reduce the regulatory burden on 

potato importers. 

Imports of red-skinned, round type 

potatoes, currently subject to the 

requirements of Marketing Orders No. 

946 and 948 (Area II), would only be 

subject to the requirements of Marketing 

Order No. 946. The minimum size 

requirements in Marketing Order No. 

946 are less restrictive than the size 

requirements in Marketing Order No. 

948 (Area II). 

Likewise, imports of all other round 

type potatoes, currently subject to the 

requirements of Marketing Orders No. 

948 (Area III) and 953, would only be 

subject to the requirements of Marketing 

Order No. 948 (Area II). The minimum 

size requirements in Marketing Order 

No. 948 (Area II) are less restrictive than 

the requirements of both Marketing 

Orders No. 948 (Area III) and 953. 

Exempting U.S. No. 1 grade potatoes 

handled in 3 pound or less containers 

from size requirements is also 

considered a relaxation of the current 

regulations. 

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 importers. As with all Federal 

marketing order programs and 

corresponding import regulations, 

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. 

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 the following Web site: 

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 

7 CFR Part 948 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 953 

Marketing agreements, Potatoes, 

Reporting and recordkeeping 

requirements. 

7 CFR Part 980 

Food grades and standards, Imports, 

Marketing agreements, Onions, Potatoes, 

Tomatoes. 

For the reasons set forth in the 

preamble, 7 CFR parts 948, 953, and 980 

are proposed to be amended as follows: 

1. The authority citation for 7 CFR 

part 948, 953, and 980 continues to read 

as follows: 

Authority: 7 U.S.C. 601–674. 

PART 948—IRISH POTATOES GROWN 

IN COLORADO 

§ 948.387 [Amended] 

2. In § 948.387, paragraph (h) is 

removed. 

PART 953—IRISH POTATOES GROWN 

IN SOUTHEASTERN STATES 

§ 953.322 [Amended] 

3. In § 953.322, paragraph (g) is 

removed. 

PART 980—VEGETABLES; IMPORT 

REGULATIONS 

4. In § 980.1, paragraphs (a)(2)(i), 

(a)(2)(ii), (b)(1), (b)(2), and (j) are revised 

to read as follows: 

§ 980.1 Import regulations; Irish potatoes. 

(a) * * * 

(2) * * * 

(i) Imports of red-skinned, round type 

potatoes during each month of the 

marketing year are in most direct 

competition with potatoes of the same 

type produced in the area covered by 

Marketing Order No. 946 (part 946 of 

this chapter). 

(ii) Imports of all other round type 

potatoes during each month of the 

marketing year are in most direct 

competition with potatoes of the same 

type produced in Area 2, Colorado (San 

Luis Valley) covered by Marketing 

Order No. 948, as amended (part 948 of 

this chapter). 

* * * * * 

(b) * * * 

(1) Through the entire year, the grade, 

size, quality, and maturity requirements 

of Marketing Order No. 946, as amended 

(part 946 of this chapter), applicable to 

potatoes of the red-skinned, round type 

shall be the respective grade, size, 

quality, and maturity requirements for 

all imported red-skinned, round type 

potatoes. 

(2) Through the entire year, the grade, 

size, quality, and maturity requirements 

of Area II, Colorado (San Luis Valley) 

covered by Marketing Order No. 948, as 

amended (part 948 of this chapter), 

applicable to potatoes of the round type, 

other than red-skinned varieties, shall 

be the respective grade, size, quality, 

and maturity requirements for imports 

of all other round type potatoes. 

* * * * * 

(j) Exemptions. (1) The grade, size, 

quality and maturity requirements of 

this section shall not be applicable to 

potatoes imported for canning, freezing, 

other processing, livestock feed, charity, 

or relief, but such potatoes shall be 

subject to the safeguard provisions 

contained in § 980.501. Processing 

includes canning, freezing, dehydration, 

chips, shoestrings, starch and flour. 

Processing does not include potatoes 

that are only peeled, or cooled, sliced, 

diced, or treated to prevent oxidation, or 

made into fresh potato salad. 

(2) There shall be no size 

requirements for potatoes that are 

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25682 Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed Rules 

imported in containers with a net 

weight of 3 pounds or less, if the 

potatoes are otherwise U.S. No. 1 grade 

or better. 

5. Section 980.117 is amended as 

follows: 

a. Paragraph (e) is revised; 

b. In paragraph (f)(2), remove the 

reference ‘‘(7 CFR 2851)’’ and add in its 

place the reference ‘‘(7 CFR part 51).’’ 

c. In paragraph (h), remove the 

references ‘‘(7 CFR 2851.3195 through 

2851.3209),’’ ‘‘(7 CFR 2851.3955 

through 2851.3970),’’ and ‘‘(7 CFR 

2851.3195 through 2851.3209)’’ and add 

in their places the references ‘‘(7 CFR 

51.3195 through 51.3209),’’ ‘‘(7 CFR 

51.3955 through 51.3970),’’ and ‘‘(7 CFR 

51.3195 through 51.3209),’’ respectively. 

§ 980.117 Import regulations; onions. 

* * * * * 

(e) Designation of governmental 

inspection service. The Federal or 

Federal-State Inspection Service, Fruit 

and Vegetable Programs, Agricultural 

Marketing Service, U.S. Department of 

Agriculture and the Food of Plant Origin 

Division, Plant Products Directorate, 

Canadian Food Inspection Agency, are 

hereby designated as governmental 

inspection services for the purpose of 

certifying the grade, size, quality, and 

maturity of onions that are imported, or 

to be imported, into the United States 

under the provisions of section 8e of the 

Act. 

* * * * * 

8. In § 980.212: 

a. Paragraph (e) is revised; 

b. In paragraph (f)(2), remove the 

reference ‘‘(7 CFR 2851)’’ and add in its 

place the reference ‘‘(7 CFR part 51).’’ 

c. In paragraph (h), remove the words 

‘‘(7 CFR 2851.1855 through 2851.1877; 

title 7, chapter I, part 51 was 

redesignated title 7, chapter 28, part 

2851 on June 27, 1977)’’ and add in 

their place the words ‘‘(7 CFR 51.1855 

through 51.1877).’’ 

§ 980.212 Import regulations; tomatoes. 

* * * * * 

(e) Designation of governmental 

inspection service. The Federal or 

Federal-State Inspection Service, Fruit 

and Vegetable Programs, Agricultural 

Marketing Service, U.S. Department of 

Agriculture and the Food of Plant Origin 

Division, Plant Products Directorate, 

Canadian Food Inspection Agency, are 

hereby designated as governmental 

inspection services for the purpose of 

certifying the grade, size, quality, and 

maturity of tomatoes that are imported, 

or to be imported, into the United States 

under the provisions of section 8e of the 

Act. 

* * * * * 

§ 980.501 [Amended] 

9. Amend § 980.501 in paragraph 

(a)(4) by removing the words ‘‘Fruit and 

Vegetable Division’’ in the first and 

second sentences and adding in their 

places the words ‘‘Fruit and Vegetable 

Programs.’’; and in paragraph (d), 

remove the address ‘‘Marketing Order 

Administration Branch, USDA, AMS, 

P.O. Box 96456, room 2523–S, 

Washington, DC 20090–6456, telephone 

(202) 720–4607’’ and add in its place the 

address ‘‘Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237, 

telephone (202) 720–2491.’’ 

Dated: May 20, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–12186 Filed 5–28–09; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2009–0495; Directorate 

Identifier 2009–NM–049–AD] 

RIN 2120–AA64 

Airworthiness Directives; Learjet 

Model 60 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: We propose to adopt a new 

airworthiness directive (AD) for certain 

Learjet Model 60 airplanes. This 

proposed AD would require revising the 

Tire-Servicing section of the airplane 

maintenance manual and revising the 

Tires Limitation section of the airplane 

flight manual to incorporate revised 

procedures for servicing tires and 

checking for proper tire inflation. This 

proposed AD results from a report of the 

main landing gear tires blowing out 

during a takeoff roll. We are proposing 

this AD to prevent tire failure, which 

could result in failures of the braking 

and thrust reverser systems. In a critical 

phase of operation such as takeoff, loss 

of airplane control may result. 

DATES: We must receive comments on 

this proposed AD by July 13, 2009. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

For service information identified in 

this proposed AD, contact Learjet, Inc., 

One Learjet Way, Wichita, Kansas 

67209–2942; telephone 316–946–2000; 

fax 316–946–2220; e-mail 

ac.ict@aero.bombardier.com; Internet 

http://www.bombardier.com. You may 

review copies of the referenced service 

information at the FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington. For 

information on the availability of this 

material at the FAA, call 425–227–1221 

or 425–227–1152. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this proposed AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Office 

(telephone 800–647–5527) is in the 

ADDRESSES section. Comments will be 

available in the AD docket shortly after 

receipt. 

FOR FURTHER INFORMATION CONTACT: Don 

Ristow, Aerospace Engineer, 

Mechanical Systems and Propulsion 

Branch, ACE–116W, FAA, Wichita 

Aircraft Certification Office, 1801 

Airport Road, Room 100, Mid-Continent 

Airport, Wichita, Kansas 67209; 

telephone (316) 946–4120; fax (316) 

946–4107. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to send any written 

relevant data, views, or arguments about 

this proposed AD. Send your comments 

to an address listed under the 

ADDRESSES section. Include ‘‘Docket No. 

FAA–2009–0495; Directorate Identifier 

2009–NM–049–AD’’ at the beginning of 

your comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this proposed AD. We will 

consider all comments received by the 

closing date and may amend this 

mstockstill on PROD1PC66 with PROPOSALS