[Federal Register: May 28, 2002 (Volume 67, Number 102)]
[Rules and Regulations]
[Page 36788-36789]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 945
[Docket No. FV01-945-610 REVIEW]
Idaho-Eastern Oregon Potato Marketing Order; Section 610 Review
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Confirmation of regulations.
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SUMMARY: This action summarizes the results of an Agricultural Marketing
Service (AMS) review of Marketing Order 945, which regulates the handling
of Irish potatoes grown in certain designated counties in Idaho and
Malheur County, Oregon, under the criteria contained in section 610 of the
Regulatory Flexibility Act (RFA). Based upon its review, AMS has
determined that the marketing order should be continued without change.
DATES: Effective: May 28, 2002.
ADDRESSES: Interested persons may obtain a copy of the review. Requests
for copies should be sent to the Docket Clerk, Fruit and Vegetable
Programs, AMS, USDA, Room 2525-S, PO Box 96456, Washington, DC 20090-
6456; Fax: (202) 720-8938; or E-mail: moab.docketclerk@usda.gov.
FOR FURTHER INFORMATION CONTACT: Gary Olson, Regional Manager,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue,
Suite 385, Portland, Oregon 97204; telephone: (503) 326-2724; Fax:
(503) 326-7440; E-mail: GaryD.Olson@usda.gov; or George Kelhart,
Technical Advisor, Marketing Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, room 2525-S, PO Box 96456, Washington,
DC 20090-6456; telephone: (202) 720-2491; Fax: (202) 720-8938; E-mail:
George.Kelhart@usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Order No. 945, as amended (7 CFR
part 945), regulates the handling of Irish potatoes grown in certain
designated counties in Idaho and Malheur County, Oregon. The marketing
order is effective under the Agricultural Marketing Agreement Act of
1937 (Act), as amended (7 U.S.C. 601-674).
Marketing Order 945, originally established in 1941, authorizes
grade, size, quality, pack, and container regulations, as well as
inspection. Under section 8e of the Act, the grade, size, quality, and
maturity regulations are also applied to imported potatoes. The
marketing order establishes the Idaho-Eastern Oregon Potato Committee
(Committee), consisting of five producers and three handlers and their
respective alternates. Members serve two-year terms and are nominated
by the Idaho-Eastern Oregon potato industry, currently consisting of
approximately 1,200 producers and 63 handlers.
AMS published in the Federal Register (63 FR 8014; February 18,
1999), its plan to review certain regulations, including Marketing
Order No. 945, under criteria contained in section 610 of the
Regulatory Flexibility Act (RFA; 5 U.S.C. 601-612). An updated plan was
published in the Federal Register on January 4, 2002 (67 FR 525). AMS
published a notice of review and request for written comments on the
Idaho-Eastern Oregon potato marketing order in the May 31, 2001, issue
of the Federal Register (66 FR 24095). During the comment period, one
written comment in support of the marketing order was received. This
comment, received from the Committee, supported continuation of the
marketing order.
The AMS review was undertaken to determine whether the Idaho-
Eastern Oregon potato marketing order should be continued without
change, amended, or rescinded to minimize the impacts on small
entities. In conducting this review, AMS considered the following
factors: (1) The continued need for the marketing order; (2) the nature
of complaints or comments received from the public concerning the
marketing order; (3) the complexity of the marketing order; (4) the
extent to which the marketing order overlaps, duplicates, or conflicts
with other Federal rules, and, to the extent feasible, with State and
local governmental rules; and (5) the length of time since the
marketing order has been evaluated or the degree to which technology,
economic conditions, or other factors have changed in the area affected
by the marketing order.
In its written comment, the Committee stated that the marketing
order has contributed significantly to the name recognition the ``Idaho
Potato'' currently enjoys nationally and internationally. The Committee
believes that, since its inception, the marketing order has been a
significant factor in the successful marketing of Idaho-Eastern Oregon
potatoes and that it remains an important and viable tool for area
producers.
Based on its review, AMS has determined that the marketing order
should be continued without change. The marketing order was established
to help the Idaho-Eastern Oregon potato industry work with AMS to solve
marketing problems. The marketing order regulations on grade, size,
quality, maturity, pack, container, and inspection requirements
continue to be beneficial to producers, handlers, and consumers.
Potatoes produced within this region are widely recognized by
[[Page 36789]]
consumers as having quality characteristics.
Neither AMS nor the Committee have received any complaints
regarding Marketing Order 945 or the regulations issued thereunder. The
marketing order is not unduly complex. Except for 8e regulations, AMS
has not identified any relevant Federal rules, or State and local
regulations that duplicate, overlap, or conflict with the Idaho-Eastern
Oregon potato marketing order. In its comment, the Committee states
that the order is not complex, but adds that it is available to assist
both regulated handlers and inspection personnel if there are any
questions or problems regarding interpretation of the handling
regulations issued under the marketing order.
AMS provides federal oversight of the order and, along with the
Committee, monitors marketing operations on a continuing basis. AMS
works with the Committee to be responsive to an ever-changing market.
Changes in regulations are implemented to reflect current industry
operating practices, and to solve marketing problems as they occur. The
goal of these evaluations is to assure that the marketing order and the
regulations implemented under it fit the needs of the industry and are
consistent with the Act. The Committee commented that it meets at least
twice annually to discuss the marketing order and the various
regulations issued thereunder, and to determine if, or what, changes
may be necessary to recommend to AMS to reflect current industry
practices. As a result, regulatory changes have been made by AMS
numerous times over the years to address industry operation changes and
to improve program administration.
AMS will continue to work with the Idaho-Eastern Oregon potato
industry in maintaining an effective marketing order program.
Dated: May 20, 2002.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 02-13124 Filed 5-24-02; 8:45 am]
BILLING CODE 3410-02-P
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