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1688 Federal Register / Vol. 72, No.

9 / Tuesday, January 16, 2007 / Proposed Rules

to meetings. Such savings could A 60-day comment period is provided Dated: January 9, 2007.
ultimately be passed on to handlers and to allow interested persons to respond Lloyd C. Day,
producers in the form of reduced to this proposal. All written comments Administrator, Agricultural Marketing
assessments. The benefits for this rule timely received will be considered Service.
are not expected to be before a final determination is made on [FR Doc. E7–425 Filed 1–12–07; 8:45 am]
disproportionately greater or less for this matter. BILLING CODE 3410–02–P
small handlers or producers than for
larger entities. List of Subjects in 7 CFR Part 946
The Committee discussed various DEPARTMENT OF AGRICULTURE
alternative reductions in Committee size Marketing agreements, Potatoes,
and how to reapportion fewer members Reporting and recordkeeping Agricultural Marketing Service
among the districts. Ultimately, the requirements.
Committee determined that reducing its For the reasons set forth in the 7 CFR Part 1207
size to nine members would best preamble, 7 CFR part 946 is proposed to [Docket No. AMS–FV–06–0219; FV–05–711]
mitigate the problems associated with be amended as follows:
recruitment of qualified members. Potato Research and Promotion Plan;
Since this rule would modify the PART 946—IRISH POTATOES GROWN Section 610 Review
administrative rules governing IN WASHINGTON
committee representation by AGENCY: Agricultural Marketing Service,
reestablishing districts, reestablishing 1. The authority citation for 7 CFR USDA.
the Committee, and reapportioning part 946 continues to read as follows: ACTION: Confirmation of regulations.
members among districts, additional
Authority: 7 U.S.C. 601–674. SUMMARY: This document summarizes
reporting or recordkeeping requirements
would not be imposed on either small the results of an Agricultural Marketing
2. Section 946.103 is revised to read
or large potato handlers. The Service (AMS) review of the Potato
as follows:
information collection requirements Research and Promotion Program, under
contained in this rule have been § 946.103 Reestablishment of districts. the criteria contained in Section 610 of
previously approved by the Office of the Regulatory Flexibility Act. Based
Management and Budget under No. Pursuant to § 946.22, on and after July upon its review, AMS has determined
0581–0178, Vegetable and Specialty 1, 2007, the following districts are that the Potato Research and Promotion
Crops. As with all Federal marketing reestablished: Plan should be continued without
order programs, reports and forms are (a) District No. 1—the counties of change.
periodically reviewed to reduce Douglas, Chelan, Okanogan, Grant, ADDRESSES: Interested persons may
information requirements and Adams, Ferry, Stevens, Pend Oreille, obtain a copy of the review. Requests for
duplication by industry and public Spokane, Whitman, and Lincoln. copies should be sent to the Docket
sector agencies. Furthermore, USDA has (b) District No. 2—the counties of Clerk, Research and Promotion Branch,
not identified any relevant Federal rules Kittitas, Yakima, Klickitat, Benton, Fruit and Vegetable Programs (FV),
that duplicate, overlap or conflict with Franklin, Walla Walla, Columbia, Agricultural Marketing Service (AMS),
this proposed rule. Garfield, and Asotin. USDA, Stop 0244, Room 0634–S, 1400
AMS is committed to complying with Independence Avenue, SW.,
the E-Government Act, to promote the (c) District No. 3—all of the remaining
Washington, DC 20250–0244; telephone
use of the Internet and other counties in the State of Washington, not
(202) 720–9915; Fax (202) 205–2800; or
information technologies to provide included in Districts No. 1 and No. 2 of
e-mail: Daniel.Manzoni@usda.gov.
increased opportunities for citizen this paragraph.
FOR FURTHER INFORMATION CONTACT:
access to Government information and 3. Section 946.104 is revised to read Sonia N. Jimenez, Research and
services, and for other purposes. as follows:
The Committee’s meeting was widely Promotion Branch, FV, AMS, USDA,
publicized throughout the Washington § 946.104 Reestablishment and Stop 0244, 1400 Independence Avenue,
potato industry and all interested Reapportionment of committee. SW., Room 0634–S, Washington, DC
persons were invited to attend and 20250–0244; telephone: (888) 720–9917;
(a) Pursuant to § 946.22, on and after fax: (202) 205–2800; or e-mail:
participate in Committee deliberations July 1, 2007, the State of Washington
on all issues. Like all Committee Sonia.Jimenez@usda.gov.
Potato Committee consisting of nine
meetings, the February 9, 2006, meeting SUPPLEMENTARY INFORMATION: The Potato
members, of whom six shall be
was a public meeting and all entities, Research and Promotion Act of 1971, as
producers and three shall be handlers,
both large and small, were able to amended, (7 U.S.C. 2611 et seq.)
is hereby reestablished. For each
express views on this issue. Finally, authorized the Potato Research and
member of the committee there shall be
interested persons are invited to submit Promotion Program which is industry
an alternate who shall have the same
information on the regulatory and operated and funded, with oversight by
qualifications as the member.
informational impacts of this action on USDA. The Program’s objective is to
small businesses. (b) Pursuant to § 946.22, on and after carry out an effective and continuous
A small business guide on complying July 1, 2007, membership representation coordinated program of research,
with fruit, vegetable, and specialty crop of the State of Washington Potato development, advertising, and
marketing agreements and orders may Committee shall be reapportioned promotion designed to strengthen
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be viewed at: http://www.ams.usda.gov/ among the districts of the production potatoes’ competitive position, and to
fv/moab.html. Any questions about the area so as to provide that each of the maintain and expand domestic and
compliance guide should be sent to Jay three districts as defined in § 946.103 foreign markets for potatoes and potato
Guerber at the previously mentioned are represented by two producer products.
address in the FOR FURTHER INFORMATION members and one handler member and The Program became effective on
CONTACT section. their respective alternates. March 9, 1972, and was implemented

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Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Proposed Rules 1689

on September 15, 1972, when the Potato merely sent their organizational DEPARTMENT OF COMMERCE
Research and Promotion Plan (Plan) (7 structure and did not provide any
CFR part 1207) was issued. The plan substantive comment. National Oceanic and Atmospheric
was amended in May 1984, to increase Administration
The review was undertaken to
the maximum assessment rate from 1
determine whether the Potato Research
cent per hundredweight to 0.5 percent 50 CFR Part 229
and Promotion Plan should be
of the previous 10-year average price [Docket No. 060928250–6250–01; I.D.
received by growers. The Plan was continued without change, amended, or
rescinded (consistent with the 092506A]
amended again on March 8, 2006, to
increase the assessment rate from 2 objectives of the Potato Research and RIN 0648–AU90
cents per hundredweight to 2.5 cents Promotion Act of 1971) to minimize the
per hundredweight. impacts on small entities. In conducting Taking of Marine Mammals Incidental
Assessments under this Program are this review, AMS considered the to Commercial Fishing Operations;
used to fund promotional campaigns following factors: (1) The continued Atlantic Large Whale Take Reduction
and to conduct research in the areas of need for the Potato Research and Plan
U.S. marketing, and international Promotion Plan; (2) the nature of AGENCY: National Marine Fisheries
marketing and to enable the Potato complaints or comments received from Service (NMFS), National Oceanic and
Board (Board) to exercise its duties in the public concerning the Potato Atmospheric Administration (NOAA),
accordance with the Plan. Research and Promotion Plan; (3) the Commerce.
The Plan is administered by the complexity of the Potato Research and ACTION: Proposed rule; reopening of
Board, which is composed of producer Promotion Plan; (4) the extent to which
members, importer members, and one public comment period.
the Potato Research and Promotion Plan
public member appointed by the SUMMARY: On November 15, 2006,
overlaps, duplicates, or conflicts with
Secretary of Agriculture from NMFS proposed to revise the
other Federal rules, and, to the extent
nominations submitted by eligible regulations implementing the Atlantic
groups. Producer membership on the feasible, with State and local
regulations; and (5) the length of time Large Whale Take Reduction Plan
Board is based upon potato production (ALWTRP) by expanding the southeast
within each State. Importer members, since the Potato Research and
Promotion Plan has been evaluated or U.S. restricted area to include waters
limited to five, are based upon the out to 35 nautical miles from the South
amount of potatoes, potato products, the degree to which technology,
Carolina coast and modifying
and seed potatoes imported into the economic conditions, or other factors
regulations pertaining to gillnetting
U.S. All members serve terms of three have changed in the area affected by the
within the southeast U.S. restricted area.
years. Potato Research and Promotion Plan. The proposed action was determined to
AMS published in the Federal Currently, there are approximately be necessary to protect northern right
Register (63 FR 8014; February 18, 1,353 handlers, 5,223 producers, and whales from serious injury or mortality
1999) its plan to review certain 300 importers of potatoes and potato from entanglement in gillnet gear in
regulations, including the Potato
products who are subject to the their calving area in Atlantic Ocean
Research and Promotion Plan,
provisions of the Plan. Producers of less waters off the Southeastern U.S. With
(conducted under the Potato Research
than 5 acres of potatoes are exempt from this notice, NMFS is reopening the
and Promotion Act), under criteria
assessment. public comment period for 15 days
contained in Section 610 of the
AMS provides Federal oversight of beginning January 16, 2007.
Regulatory Flexibility Act (RFA; 5
U.S.C. 601–612). The Plan to review the Potato Research and Promotion DATES: Written comments on this
certain regulations was updated in the Plan. The Plan is not unduly complex, proposed rule must be received by 5
Federal Register on August 14, 2003 (68 and AMS has not identified any Federal p.m. EST on January 31, 2007.
FR 48574), and updated again on March rules, or State and local regulations that Comments received between the close of
24, 2006 (71 FR 14827). duplicate, overlap, or conflict with the the first comment period on December
AMS published a notice of review and 15, 2006, and the reopening of the
Plan. Over the years, regulation changes
request for written comments in the comment period on January 16, 2007
have been made to address industry
Federal Register on December 14, 2005 will be considered timely received.
operation changes and to improve
(70 FR 73945). The comment period program administration. The goal of ADDRESSES: Written comments should
ended on February 13, 2006. AMS be identified by the Regulatory
these evaluations is to assure that the
received three written comments. One Information Number (RIN) ‘‘0648–
Plan and the regulations implemented
commenter encouraged the Board to AU90’’ and submitted by any of the
place more emphasis on the nutritional under it fit the needs of the industry and
following methods:
are consistent with the Act.
benefits of potatoes. The Board • E-mail:
routinely conducts research into the Based upon its review, AMS has sewhalerule.comments@noaa.gov.
nutritional benefits of potatoes and uses determined that the Plan should be Include RIN 0648–AU90 in the subject
that information to promote the benefits continued without change. AMS plans line of the message.
of potatoes. A second commenter to continue working with the potato • Mail: Assistant Regional
questioned why potato research is industry in maintaining an effective Administrator for Protected Resources,
needed and suggested that the program program. NMFS, 263 13th Avenue South, St.
be terminated. However, the Board does Petersburg, FL 33701.
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Dated: January 10, 2007.


not conduct production research. The • Facsimile (fax) to: 727–824–5309,
Board establishes and carries out Lloyd C. Day,
Attn: Assistant Regional Administrator,
research and development projects and Administrator, Agricultural Marketing Protected Resources, NMFS.
studies in order to encourage, expand, Service. • Federal eRulemaking Portal: http://
improve or more efficiently market and [FR Doc. E7–426 Filed 1–12–07; 8:45 am] www.regulations.gov. Follow the
utilize potatoes. The third commenter BILLING CODE 3410–02–P instructions for submitting comments.

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