[Federal Register Volume 59, Number 95 (Wednesday, May 18, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12098]
Federal Register / Vol. 59, No. 95 / Wednesday, May 18, 1994 /
[[Page Unknown]]
[Federal Register: May 18, 1994]
VOL. 59, NO. 95
Wednesday, May 18, 1994
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 80
RIN 0581-AA93
[Docket No. FV-93-80-02]
Regulation Governing the Fresh Irish Round White Potato Diversion
Program, 1992 Crop
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule adopts, without change, the interim rule
previously published in the Federal Register which set forth the terms
for conducting the Fresh Irish Round White Potato Diversion Program for
the 1992 crop. The Program was intended to assist Irish Round White
potato growers faced with oversupplies and low prices.
EFFECTIVE DATE: May 18, 1994.
FOR FURTHER INFORMATION CONTACT: Darrell Breed, Chief, Commodity
Procurement Branch, Fruit and Vegetable Division, AMS, USDA, P.O. Box
96456, room 2548--South Building, Washington, DC 20090-6496, (202) 720-
6391.
SUPPLEMENTARY INFORMATION:
Executive Order 12866 and Executive Order 12778
This rule has been determined to be not-significant for purposes of
Executive Order 12866 and therefore has not been reviewed by OMB.
This final rule has been reviewed in accordance with E.O. 12778.
The provisions of the final rule do not preempt State laws and are not
retroactive. Before any judicial action may be brought regarding the
provision of this final rule the appeal procedures contained in 7 CFR
part 780 must be exhausted.
Paperwork Reduction Act
Information collection requirements contained in this subpart have
been approved by the Office of Management and Budget (OMB) in
accordance with the provisions of 44 U.S.C. Chapter 35 and have been
assigned OMB control number 0581--A880.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Administrator of the Agricultural Marketing Service
(AMS) has determined that this action will not have a significant
economic impact on a substantial number of small entities. The purpose
of the RFA is to fit regulatory actions of the scale of business
subject to such actions in order that small business will not be unduly
or disproportionally burdened. The Small Business Administration (13
CFR 121.1) has defined small agricultural producers as those having
gross revenue for the last three years of less than $500,000, and small
agricultural service firms are defined as those whose gross annual
receipts are less than $3,500,000. Because there is a preponderance of
entities shipping Irish Round White potatoes that meet these growers
revenue limitations it is anticipated that the majority of the Program
participants could be classified as small entities. Provisions of the
rule provide a beneficial impact to such small entities without
substantial regulatory restriction. Therefore the provisions of the RFA
are not applicable and a Regulatory Flexibility analysis is not
required.
This Program is not subject to the provisions of Executive Order
12372, which require intergovernmental consultation with state and
local officials. See the Notice related to 7 CFR part 3015, subpart V,
published at 48 FR 29115 (June 24, 1983).
The title and number of the Federal Assistance Program to which
this interim rule applies is: Title--Section 32 Diversion Program:
Number--10.166, as found in the 1990 edition of the Catalog of Federal
Domestic Assistance.
Pursuant to 5 U.S.C. 553, it was found and determined that good
cause exists to make the interim rule final upon publication. The final
rule makes no change in the operation of the interim rule and all
actions under the Program have been completed.
Background Information
An interim rule was published in the Federal Register at 58 FR
29097 on May 19, 1993, which set forth the terms for conducting the
Program pursuant to clause (2) of section 32, of the Act of August 24,
1935, as amended (7 U.S.C. 612c) (section 32). Section 32, clause (2),
authorizes the Secretary of Agriculture to ``encourage the domestic
consumption of such [agricultural] commodities or products by diverting
them, by the payment of benefits or indemnities or by other means, from
the normal channels of trade and commerce. * * *'' Section 32 also
authorizes the Secretary to use section 32 funds ``at such times, in
such manner, and in such amounts as the Secretary of Agriculture finds
will effectuate substantial accomplishment of any one of the purposes
of this section.''
Furthermore, ``Determinations by the Secretary as to what
constitutes diversion and what constitutes normal channels of trade and
commerce and what constitutes normal production for domestic
consumption shall be final.''
USDA statistics indicate that as of April 1, 1993, the stocks of
Irish Round White potatoes held by growers were 27 percent greater than
those held at the same time in 1992. Based on these statistics and
other market factors the Secretary determined that the fresh Irish
round white potato 1992 crop was in surplus and that the domestic
consumption of such potatoes would be encouraged by using section 32
funds to divert the potatoes from the normal channels of trade and
commerce under the Program.
General Summary of Comments
The public was afforded until July 19, 1993, to comment on the
interim rule. USDA received 5 comments with respect to the interim rule
and the Program. These comments are on file in room 2548--South
Building, 14th and Independence Avenue, Washington, DC 20090-6456.
The following is a summary of comments received and actions taken:
A. Comments: All 5 of the comments opposed the Program. Three
opposed the Program on the grounds that the Government should not
provide price support for potatoes. The remaining 2 opposed the Program
because round red and russet potatoes were not included.
B. Discussion and Conclusion: The comments have been reviewed and
it has been determined that the interim rule should be adopted as a
final rule, without change.
The Program, as provided by the interim rule was intended to reduce
the surplus of 1992 crop Irish White Round Potatoes, which was 27%
greater than the 1991 crop. One of the purposes of section 32 is to
reduce such surpluses. The domestic consumption of 1992 crop Irish
Round Potatoes was encouraged by diverting the potatoes from the normal
channels of trade and commerce for diversion of those potatoes by July
5, 1993. The Program did not include round red or russet potatoes
because those potatoes were not in surplus. Accordingly, there was no
statutory basis for diversion of those types of potatoes.
List of Subjects in 7 CFR Part 80
Administrative practice and procedures, Agriculture, Agricultural
commodities, Reporting, and Recordkeeping requirements.
PART 80--FRESH IRISH POTATOES
Subpart A--Fresh Irish Round White Potato--Diversion Program
Accordingly, the interim rule amending 7 CFR part 80 which was
published at 58 FR 29097 on May 19, 1993, is adopted as a final rule
without change.
Dated: May 12, 1994.
Charles R. Brader,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 94-12098 Filed 5-17-94; 8:45 am]
BILLING CODE 3410-02-P