[Federal Register Volume 76, Number 136 (Friday, July 15, 2011)]
[Rules and Regulations]
[Pages 41589-41590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17881]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 76, No. 136 / Friday, July 15, 2011 / Rules
and Regulations
[[Page 41589]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 946
[Doc. No. AMS-FV-11-0012; FV11-946-2 FIR]
Irish Potatoes Grown in Washington; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim rule that decreased the assessment
rate established for the State of Washington Potato Committee
(Committee) for the 2011-2012 and subsequent fiscal periods from
$0.0035 to $0.003 per hundredweight of potatoes handled. The Committee
locally administers the marketing order for Irish potatoes grown in
Washington. The interim rule was necessary to allow the Committee to
reduce its financial reserve while still providing adequate funding to
meet program expenses.
DATES: Effective July 15, 2011.
FOR FURTHER INFORMATION CONTACT: Teresa Hutchinson or Gary D. Olson,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA; Telephone: (503) 326-
2724, Fax: (503) 326-7440, or E-mail: [email protected] or
[email protected].
Small businesses may obtain information on complying with this and
other marketing order regulations by viewing a guide at the following
Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or
by contacting Laurel May, 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: [email protected].
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Order
No. 946, as amended (7 CFR part 946), regulating the handling of Irish
potatoes grown in Washington, 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.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
Under the order, Washington potato handlers are subject to
assessments, which provide funds to administer the order. Assessment
rates issued under the order are intended to be applicable to all
assessable Washington potatoes for the entire fiscal period, and
continue indefinitely until amended, suspended, or terminated. The
Committee's fiscal period begins on July 1, and ends on June 30.
In an interim rule published in the Federal Register on April 1,
2011, and effective on April 2, 2011, (76 FR 18001, Doc. No. AMS-FV-11-
0012, FV11-946-2 IR), Sec. 946.248 was amended by decreasing the
assessment rate established for Washington potatoes for the 2011-2012
and subsequent fiscal periods from $0.0035 to $0.003 per hundredweight.
The decrease in the per hundredweight assessment rate allows the
Committee to reduce its financial reserve while still providing
adequate funding to meet program expenses.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this 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
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 the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are 43 handlers of Washington potatoes subject to regulation
under the order and approximately 267 producers in the regulated
production area. Small agricultural service firms 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 having annual receipts of less than $750,000.
During the 2009-2010 marketing year, the Committee reports that
9,765,131 hundredweight of Washington potatoes were shipped into the
fresh market. Based on average f.o.b. prices estimated by the USDA's
Economic Research Service and Committee data on individual handler
shipments, the Committee estimates that 42, or approximately 98 percent
of the handlers, had annual receipts of less than $7,000,000.
In addition, based on information provided by the National
Agricultural Statistics Service, the average producer price for
Washington potatoes for 2010 was $7.55 per hundredweight. The average
gross annual revenue for the 267 Washington potato producers is
therefore calculated to be approximately $276,130. In view of the
foregoing, the majority of Washington potato producers and handlers may
be classified as small entities.
This rule continues in effect the action that decreased the
assessment rate established for the Committee and collected from
handlers for the 2011-2012 and subsequent fiscal periods from $0.0035
to $0.003 per hundredweight of potatoes. The Committee unanimously
recommended 2011-2012 expenditures of $40,050 and an assessment rate of
$0.003 per hundredweight of potatoes. The assessment rate of $0.003 is
$0.0005 lower than the rate previously in effect. Applying the $0.003
per hundredweight assessment rate to the Committee's 10,000,000
hundredweight crop estimate should provide $30,000 in assessment
income. Thus, income derived from handler assessments, along with
interest income and funds from the Committee's monetary reserve will be
adequate to cover the budgeted expenses. This action will allow the
Committee to reduce its financial
[[Page 41590]]
reserve while still providing adequate funding to meet program
expenses.
This rule continues in effect the action that decreased the
assessment obligation imposed on handlers. Assessments are applied
uniformly on all handlers, and some of the costs may be passed on to
producers. However, decreasing the assessment rate reduces the burden
on handlers, and may reduce the burden on producers.
In addition, the Committee's meeting was widely publicized
throughout the Washington potato industry and all interested persons
were invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the January
26, 2011, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue.
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 the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0178, Vegetable and Specialty Crops. No changes
in those requirements as a result of this action are anticipated.
Should any changes become necessary, they would be submitted to OMB for
approval.
This action imposes no additional reporting or recordkeeping
requirements on either small or large Washington potato handlers. 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.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this rule.
Comments on the interim rule were required to be received on or
before May 31, 2011. No comments were received. Therefore, for reasons
given in the interim rule, we are adopting the interim rule as a final
rule, without change.
To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-11-0012-0001.
This action also affirms information contained in the interim rule
concerning Executive Orders 12866 and 12988, and the E-Gov Act (44
U.S.C. 101).
After consideration of all relevant material presented, it is found
that finalizing the interim rule, without change, as published in the
Federal Register (76 FR 18001, April 1, 2011) will tend to effectuate
the declared policy of the Act.
List of Subjects in 7 CFR Part 946
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
PART 946--IRISH POTATOES GROWN IN WASHINGTON [AMENDED]
0
Accordingly, the interim rule amending 7 CFR part 946, which was
published at 76 FR 18001 on April 1, 2011, is adopted as a final rule,
without change.
Dated: July 12, 2011.
Ellen King,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-17881 Filed 7-14-11; 8:45 am]
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