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50837

Rules and Regulations
Federal Register Vol. 86, No. 174
Monday, September 13, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 945
Doc. No. AMSSC200074; SC209451
FR

Modification of Handling Regulations for Irish Potatoes Grown in Designated Idaho and Eastern Oregon Counties Agricultural Marketing Service, USDA.
ACTION: Final rule.
AGENCY:

This final rule revises size requirements for Irish potatoes grown in certain designated counties of Idaho, and Malheur County, Oregon. The Idaho-Eastern Oregon Potato Committee Committee recommended this action to improve the handling and marketing of Idaho-Eastern Oregon potatoes and increase returns to producers.
DATES: Effective October 13, 2021.
FOR FURTHER INFORMATION CONTACT:
Gregory A. Breasher, Marketing Specialist, or Gary D. Olson, Regional Manager, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: 503 326
2054, Fax: 503 3267440, 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.

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SUMMARY:

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 Agreement and Marketing
SUPPLEMENTARY INFORMATION:

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Order No. 945, both as amended 7 CFR
part 945, regulating the handling of Irish potatoes grown in certain designated counties in Idaho, and Malheur County, Oregon. Part 945
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 Committee locally administers the Order and is comprised of potato producers and handlers operating within the production area.
The Department of Agriculture USDA is issuing this final rule in conformance with Executive Orders 12866 and 13563. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts and equity.
Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. 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 13175
Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications. The Agricultural Marketing Service AMS has determined that this final rule is unlikely to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
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 an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with
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the order is not in accordance with law and request a modification of the 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 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.
Under terms of the Order, fresh market shipments of Idaho-Eastern Oregon potatoes are required to be inspected and are subject to minimum grade, size, quality, maturity, pack, and container requirements. This rule revises provisions of previously established size requirements for potatoes handled under the Order.
At its meeting on August 6, 2020, the Committee unanimously recommended revising the Orders size requirements to allow shipment of Size B, U.S. No. 2 or better grade, non-Russet type potatoes.
Sections 945.51 and 945.52 of the Order provide authority for the establishment and modification of grade, size, quality, and maturity regulations applicable to the handling of potatoes.
Section 945.341 of the Order establishes minimum grade, size, quality, maturity, pack, and container requirements for potatoes handled subject to the Order. The Orders handling regulations currently require that U.S. No. 2 or better grade, nonRusset type potatoes meet a minimum size of 178 inches diameter, unless otherwise specified on the container in connection with the grade.
Additionally, all varieties of potatoes that meet requirements of the U.S. No.
1 grade or better may be Size B 112 to 214 inches or Creamer 34 to 158
inches size.
This rule relaxes size requirements to allow handlers to ship Size B 112 to 214
inches, U.S. No. 2 or better grade, nonRusset variety potatoes. Revised size requirements are not applicable to Russet type potatoes.
Committee members reported that the Idaho-Eastern Oregon potato industry has been producing and shipping an increasing number of non-Russet potato varietiesyellow and red skinned, round types, in particular. Institutional customers have indicated that they
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