Voglio sapere a riguardo di…

11092

Federal Register / Vol. 86, No. 35 / Wednesday, February 24, 2021 / Rules and Regulations
Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: 503 326
2724 or Email: Gregory.Breasher@
usda.gov or GaryD.Olson@usda.gov.
Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; Telephone: 202 720
2491, or Email: Richard.Lower@
usda.gov.
This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR
900.2j. This final rule is issued under Marketing Order No. 946, as amended 7
CFR part 946, regulating the handling of Irish potatoes grown in Washington.
Part 946 referred to as the Order is effective under the Agricultural Marketing Agreement Act of 1937, as amended 7 U.S.C. 601674, hereinafter referred to as the Act.
The State of Washington Potato Committee hereinafter referred to as the Committee locally administers the Order and is comprised of producers and handlers of Irish potatoes operating within the production area.
The Department of Agriculture USDA is issuing this final rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget OMB exempted from Executive Order 12866 review.
This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This final rule is not intended to have retroactive effect.
The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c15A of the Act, any handler subject to a marketing order may file with USDA a petition stating that the marketing order, any provision of the marketing order, or any obligation imposed in connection with the marketing order is not in accordance with law and request a modification of the marketing 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
khammond on DSKJM1Z7X2PROD with RULES

SUPPLEMENTARY INFORMATION:

VerDate Sep<11>2014

16:14 Feb 23, 2021

Jkt 253001

jurisdiction to review USDAs ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.
The Committee meets regularly to consider recommendations for modification, suspension, or termination of the Orders regulatory requirements. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA reviews Committee recommendations, including information provided by the Committee and from other available sources, and determines whether modification, suspension, or termination of the regulatory requirements will tend to effectuate the declared policy of the Act.
On June 11, 2020, the Committee met and, after much deliberation, unanimously recommended that USDA
terminate the Order. Additionally, the Committee recommended that the Orders reporting and assessment requirementsthe only regulatory activities of the Order in effect at the timebe suspended while the recommendation for termination is being processed by USDA. The termination is a separate regulatory action from the suspension of administrative requirements.
Section 946.41 of the Order provides authority for the Committee to assess handlers for their pro rata share of the Committee expenses authorized each fiscal period. Section 946.70 of the Order authorizes the Committee to collect reports and other information necessary for the Committee to perform its duties under the Order. This rule suspendsor stays 946.248, which establishes a continuing assessment rate of $0.0025 per hundredweight, effective for the 20132014 and subsequent fiscal periods, and 946.143, which requires monthly reporting of fresh potato shipments from the production area.
The Order has been in effect since 1949, providing the Washington potato industry authority for grade, size, quality, maturity, pack, and container requirements, as well as authority for inspection requirements. Based on the Committees recommendation in 2010, USDA suspended the Orders handling requirements for Russet potatoes. The Committee believed that the costs of inspection outweighed the benefits provided from having the Orders regulatory requirements in effect for that type potato.
In 2013, also upon the recommendation of the Committee, USDA suspended handling requirements temporarily, through June 30, 2014, for all yellow flesh and white type potatoes. The Committee believed
PO 00000

Frm 00002

Fmt 4700

Sfmt 4700

that the costs of inspection outweighed the benefits provided from regulation for these type potatoes as well.
In 2014, the handling requirements for red type potatoes were indefinitely suspended. Also in 2014, the temporary suspension of handling requirements for yellow flesh and white types was extended indefinitely. The sum of the previous actions effectively suspended the handling requirements for all types of Washington potatoes after the 2013
2014 marketing year. The Committee believed operating without handling regulation offered Washington potato handlers a cost savings through the elimination of mandatory inspection fees. Also, the Committee had determined that the potential negative market impact of operating without mandatory quality and inspection requirements was minimal.
Following the suspension of the handling requirements in 2014, the Committee continued to levy assessments and to maintain its administrative function. The Committee believed that it should continue to fund its full operational capability, collect industry statistics on an ongoing basis, and maintain the program if regulating quality was again deemed necessary.
The Committee met on June 11, 2020, to discuss the status of the Washington potato industry and the relevance of the Order. The Committee determined that the suspension of the Orders handling requirements has not negatively impacted the industry and that there is no longer a need for the Order. Also, the Committee concluded that the collection of information under the Orders authority is redundant, as the Washington Potato Commission has similar handler reporting requirements as the Order, and that the statistical information collected by the Commission is provided to the industry.
Thus, the Committee unanimously recommended terminating the Order.
In addition, the Committee determined that there is no need to continue collecting assessments and requiring reports while USDA considers its termination recommendation.
Therefore, the Committee also unanimously recommended that the assessment and reporting requirements of the Order be immediately suspended.
This action relieves handlers of the assessment and reporting burden during the pendency of the termination process.
At the June meeting, the Committee recommended a budget of $41,150 for the indefinite period leading up to the termination of the Order. The budgeted amount was established based on the funds remaining in the Committees
E:FRFM24FER1.SGM

24FER1