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Code · REGISTER · 2025-09-22 · Agricultural Marketing Agricultural Marketing Service RULES Increased Assessment Rate: Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, OR, 45313-45315 2025-18340 Susp · Unknown

Unknown. Final rule

4,519 words·~21 min read·/register/2025/09/22/2025-18340·

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--- schema: federal-register doc_type: fedreg source_file: FR-2025-09-22.xml --- 90 181 Monday, September 22, 2025 Contents Agricultural Marketing Agricultural Marketing Service RULES Increased Assessment Rate: Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, OR, 45313-45315 2025-18340 Suspension of Handling Regulations: Imported Walnuts, 45315-45317 2025-18267 NOTICES Mango Promotion, Research, and Information Order; Continuance Referendum, 45368 2025-18230 Agriculture Agriculture Department See Agricultural Marketing Service NOTICES Regulatory Agenda:
Semiannual Regulatory Agenda, 45476-45481 2025-18324 Requests for Nominations: Tribal Advisory Committee, 45368-45369 2025-18245 Alcohol Tobacco Tax Alcohol and Tobacco Tax and Trade Bureau RULES Implementation of Refund Procedures for Craft Beverage Modernization Act Federal Excise Tax Benefits Applicable to Imported Alcohol, 45325-45334 2025-18281 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45586 2025-18317 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 45384-45385 2025-18264 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Central Authority Payment Service, 45385-45386 2025-18351 Office of Refugee Resettlement Cash and Medical Assistance Program Quarterly Report on Expenditures and Obligations, 45386-45387 2025-18280 Announcement of the Intent to Award a Replacement Grant to Community Sponsorship Hub:
St. Paul, MN, 45387 2025-18297 Intent to Award a Replacement Grant: Catholic Charities USA in Alexandria, VA, 45386 2025-18283 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Wisconsin Advisory Committee, 45369-45370 2025-18234 Coast Guard Coast Guard RULES Safety Zone: Atlantic Ocean, Wrightsville Beach, NC, 45334-45335 2025-18272 PROPOSED RULES Safety Zone: Ohio River, Pittsburgh, PA, 45365-45367 2025-18261 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration NOTICES Regulatory Agenda:
Semiannual Regulatory Agenda, 45484-45499 2025-18325 Consumer Product Consumer Product Safety Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safety Standard for Cigarette Lighters, 45377-45378 2025-18302 Defense Department Defense Department NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45502-45503, 45580-45583 2025-18316 2025-18326 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances;
Application, Registration, etc.: Groff Health Inc., 45413 2025-18244 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Rescinding Regulations Related to Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 45317 C1-2025-17428 NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45506-45507 2025-18327 Environmental Protection Environmental Protection Agency RULES Special Contracting Methods;
Options; Contracts, 45335-45337 2025-18287 PROPOSED RULES Reconsideration of the Greenhouse Gas Reporting Program, 45367 C1-2025-17923 NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45562-45569 2025-18333 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points: Incorporation by Reference Amendments, 45318-45325 2025-18243 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 45338-45340 2025-18263 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Remote Identification of Unmanned Aircraft Systems—Application for FAA-Recognized Identification Areas, 45460 2025-18227 Survey of Airman Satisfaction with Aeromedical Certification Services, 45459-45460 2025-18309 Federal Communications Federal Communications Commission PROPOSED RULES Television Broadcasting Services: Hutchinson, KS, 45367 2025-18342 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45383-45384 2025-18303 Regulatory Agenda:
Semiannual Regulatory Agenda, 45588-45642 2025-18318 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 45382-45383 2025-18270 Scoping Period: Oglethorpe Power Corp.; Environmental Issues For The Proposed Rocky Mountain Pumped Storage Hydroelectric Project, 45380-45382 2025-18315 Pine Prairie Energy Center, LLC; Environmental Issues for the Proposed Pine Prairie Energy Center Phase IV Expansion Project, 45378-45380 2025-18314 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Action:
Proposed Project in Hawaii, 45460-45461 2025-18301 Federal Procurement Federal Procurement Policy Office NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45580-45583 2025-18316 Federal Trade Federal Trade Commission NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45644-45646 2025-18319 Financial Crimes Financial Crimes Enforcement Network PROPOSED RULES Anti-Money Laundering/Countering the Financing of Terrorism Program and Suspicious Activity Report Filing Requirements for Registered Investment Advisers and Exempt Reporting Advisers, 45361-45365 2025-18271 Food and Drug Food and Drug Administration NOTICES Hearings, Meetings, Proceedings, etc.:
Advancing the Development of Pediatric Therapeutics (ADEPT) 10: Addressing Challenges in Neonatal Product Development—Leveraging Rare Disease Frameworks, 45388 2025-18273 Foreign Trade Foreign-Trade Zones Board NOTICES Approval of Subzone Status: Centro Automotriz Santa Rosa, Inc., San Juan, PR, 45370 2025-18294 Proposed Production Activity: 3nStar, Inc., Foreign-Trade Zone 32, Doral, FL, 45370 2025-18293 General Services General Services Administration NOTICES Regulatory Agenda:
Semiannual Regulatory Agenda, 45572-45574, 45580-45583 2025-18316 2025-18334 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45510-45518 2025-18328 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Medicare Rural Hospital Flexibility Program Performance, 45388-45390 2025-18266 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services NOTICES Finding of Mass Influx of Aliens, 45396-45398 2025-18255 Regulatory Agenda: Semiannual Regulatory Agenda, 45520-45525 2025-18329 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Energy and Mineral Development Program Grants, 45403 2025-18299 Homeliving Programs and School Closure and Consolidation, 45403-45404 2025-18298 Navajo Partitioned Lands Grazing Permits, 45406-45407 2025-18300 Public Health Needs Assessment, 45405-45406 2025-18296 Tribal Enrollment Count, 45404-45405 2025-18286 Indian Gaming: Approval by Operation of Law of the Tribal-State Compact between the State of California and the Big Sandy Rancheria of Western Mono Indians of California, 45407 2025-18304 Interior Interior Department See Indian Affairs Bureau See National Park Service NOTICES Regulatory Agenda:
Semiannual Regulatory Agenda, 45528-45530 2025-18330 Internal Revenue Internal Revenue Service PROPOSED RULES Occupations that Customarily and Regularly Received Tips; Definition of Qualified Tips, 45340-45361 2025-18278 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cut-to-Length Carbon-Quality Steel Plate Products from the Republic of Korea, 45373-45374 2025-18233 Certain Monomers and Oligomers from Taiwan, 45370-45372 2025-18231 Forged Steel Fittings from the Republic of Korea, 45374-45376 2025-18338 Denial of Subzone Status:
Ryder Integrated Logistics, Inc., Foreign-Trade Zone 222, Hope Hull, AL, 45372 2025-18295 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Oil Vaporizing Devices, Components Thereof, and Products Containing the Same, 45410-45413 2025-18254 Justice Department Justice Department See Drug Enforcement Administration NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45532-45533 2025-18331 Labor Department Labor Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Job Openings and Labor Turnover Survey, 45413 2025-18265 Regulatory Agenda Semiannual Regulatory Agenda, 45536-45542 2025-18336 Management Management and Budget Office See Federal Procurement Policy Office Maritime Maritime Administration NOTICES Nonavailability Waiver of Buy American Act Requirements: Port of Corpus Christi Authority to Purchase Marine Loading Arms, 45461-45463 2025-18277 National Highway National Highway Traffic Safety Administration NOTICES New Car Assessment Program:
Delay of Program Updates, 45463-45466 2025-18285 National Institute National Institute of Standards and Technology NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Malcolm Baldrige National Quality Award and Examiner Applications, 45376 2025-18260 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.: Center for Scientific Review 45390-45396 2025-18274 2025-18276 2025-18289 2025-18290 2025-18291 2025-18292 Clinical Center, 45391 2025-18275 National Oceanic National Oceanic and Atmospheric Administration NOTICES Hearings, Meetings, Proceedings, etc.:
Gulf Fishery Management Council, 45376-45377 2025-18313 National Park National Park Service NOTICES National Register of Historic Place: Pending Nominations and Related Actions 45408-45410 2025-18247 2025-18248 National Register of Historic Places: Pending Nominations and Related Actions, 45407-45408 2025-18246 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Regulatory Agenda Semiannual Regulatory Agenda, 45648-45650 2025-18320 Regulatory Regulatory Information Service Center NOTICES Regulatory Agenda:
Semiannual Regulatory Agenda, 45468-45473 2025-18323 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 45446 2025-18241 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Registration Statement, 45426 2025-18242 Securities Act Registration Statement, 45423 2025-18339 Meetings; Sunshine Act, 45445 2025-18308 Regulatory Agenda Semiannual Regulatory Agenda, 45652-45658 2025-18321 Self-Regulatory Organizations;
Proposed Rule Changes: Cboe Exchange, Inc., 45431-45435 2025-18259 Nasdaq BX, Inc., 45449-45451 2025-18251 Nasdaq GEMX, LLC, 45446-45449 2025-18249 Nasdaq ISE, LLC, 45435-45438 2025-18250 Nasdaq PHLX LLC, 45423-45426 2025-18253 NYSE Arca, Inc., 45440-45445 2025-18257 The Nasdaq Stock Market LLC, 45426-45431, 45438-45440 2025-18252 2025-18305 The Nasdaq Stock Market LLC; Cboe BZX Exchange, Inc.; NYSE Arca, Inc., 45414-45422 2025-18258 Small Business Small Business Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 45451-45452 2025-18279 Disaster Declaration: New Mexico, 45452 2025-18307 Regulatory Agenda: Semiannual Regulatory Agenda, 45576-45577 2025-18335 State Department State Department NOTICES Notifications to the Congress of Proposed Commercial Export Licenses: Bureau of Political-Military Affairs, Directorate of Defense Trade Controls, 45452-45459 2025-18288 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See National Highway Traffic Safety Administration NOTICES Regulatory Agenda:
Semiannual Regulatory Agenda, 45544-45551 2025-18337 Treasury Treasury Department See Alcohol and Tobacco Tax and Trade Bureau See Financial Crimes Enforcement Network See Internal Revenue Service NOTICES Regulatory Agenda: Semiannual Regulatory Agenda, 45554-45559 2025-18332 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Temporary Protected Status: Designation of Syria; Termination, 45398-45403 2025-18322 Veteran Affairs Veterans Affairs Department RULES Medical;
CFR Correction, 45335 2025-18269 Separate Parts In This Issue Part II Regulatory Information Service Center, 45468-45473 2025-18323 Part III Agriculture Department, 45476-45481 2025-18324 Part IV Commerce Department, 45484-45499 2025-18325 Part V Defense Department, 45502-45503 2025-18326 Part VI Energy Department, 45506-45507 2025-18327 Part VII Health and Human Services Department, 45510-45518 2025-18328 Part VIII Homeland Security Department, 45520-45525 2025-18329 Part IX Interior Department, 45528-45530 2025-18330 Part X Justice Department, 45532-45533 2025-18331 Part XI Labor Department, 45536-45542 2025-18336 Part XII Transportation Department, 45544-45551 2025-18337 Part XIII Treasury Department, 45554-45559 2025-18332 Part XIV Environmental Protection Agency, 45562-45569 2025-18333 Part XV General Services Administration, 45572-45574 2025-18334 Part XVI Small Business Administration, 45576-45577 2025-18335 Part XVII Defense Department, 45580-45583 2025-18316 General Services Administration, 45580-45583 2025-18316 Management and Budget Office, Federal Procurement Policy Office, 45580-45583 2025-18316 Part XVIII Bureau of Consumer Financial Protection, 45586 2025-18317 Part XIX Federal Communications Commission, 45588-45642 2025-18318 Part XX Federal Trade Commission, 45644-45646 2025-18319 Part XXI Nuclear Regulatory Commission, 45648-45650 2025-18320 Part XXII Securities and Exchange Commission, 45652-45658 2025-18321 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 90 181 Monday, September 22, 2025 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 945 [Doc. No. AMS-SC-24-0042] Irish Potatoes Grown in Certain Designated Counties in Idaho, and Malheur County, Oregon;
Increased Assessment Rate AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule implements a recommendation from the Idaho-Eastern Oregon Potato Committee (Committee) to increase the assessment rate established for the 2024-2025 fiscal period and subsequent fiscal periods from $0.002 to $0.003 per hundredweight of potatoes handled under the marketing order. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
DATES: Effective October 22, 2025. FOR FURTHER INFORMATION CONTACT: Virginia Tjemsland, Marketing Specialist, or Barry M. Broadbent, Chief, Northwest Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA; telephone:
(503)326-2724, or email: *Virginia.L.Tjemsland@usda.gov* or *Barry.Broadbent@usda.gov.* Small businesses may request information on complying with this regulation by contacting Antoinette Carter, Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; telephone:
(202)720-8085, or email: *Antoinette.Carter@usda.gov.* SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This final rule is issued under Marketing Agreement No. 98 and Marketing Order No. 945, both as amended (7 CFR part 945), regulating the handling of potatoes grown in certain counties in Idaho, and Malheur County, Oregon. Part 945 (referred to as the “Order”) is effective pursuant to the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Committee locally administers the Order and comprises producers and handlers of potatoes operating within the area of production. The Agricultural Marketing Service
(AMS)is issuing this final rule in conformance with Executive Orders 12866, as amended by Executive Order 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 Federal agencies to consider whether their rulemaking actions would have tribal implications. 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.” Under the Order now in effect, Idaho-Eastern Oregon potato handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate will be applicable to all assessable Idaho-Eastern Oregon potatoes for the 2024-2025 fiscal period, and continue until amended, suspended, or terminated. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 8c(15)(A) of the Act (7 U.S.C. 608(c)(15)(A)), 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 the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such 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 USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This final rule increases the assessment rate for Idaho-Eastern Oregon potatoes handled under the Order from $0.002 per hundredweight, the rate that was established for the 2017-2018 fiscal period and subsequent fiscal periods (82 FR 28550), to $0.003 per hundredweight for the 2024-2025 fiscal period and subsequent fiscal periods. Sections 945.41 and 945.42 of the Order authorize the Committee, with AMS approval, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are familiar with the Committee's needs and with the costs of goods and services in their local area and are able to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting, and all directly affected persons have an opportunity to participate and provide input. For the 2017-2018 fiscal period and subsequent fiscal periods, the Committee recommended, and AMS approved, an assessment rate of $0.002 per hundredweight of Idaho-Eastern Oregon potatoes within the production area (82 FR 28550). That rate continues in effect from fiscal period to fiscal period until modified, suspended, or terminated by AMS upon recommendation and information submitted by the Committee or other information available to AMS. The Committee met on June 5, 2024, and unanimously recommended 2024-2025 fiscal period expenditures of $99,522 and an assessment rate of $0.003 per hundredweight of Idaho Eastern-Oregon potatoes handled for the 2024-2025 and subsequent fiscal periods. In comparison, the budgeted expenditures for fiscal period 2023-2024 were $99,703. The assessment rate of $0.003 per hundredweight is $0.001 higher than the rate currently in effect. The Committee recommended increasing the assessment rate to better align assessment revenue with budgeted expenses and to replenish reserves which were depleted between August 2017 and June 2024. The Committee estimates shipments for the 2024-2025 season to be approximately 34,000,000 hundredweight, an increase from the 28,167,500 hundredweight handled for the 2023-2024 fiscal period. The major expenditures recommended by the Committee for the 2024-2025 fiscal period include $75,489 in administrative expenses; $10,013 for operational expenses; $4,670 for insurance/banking expenses; $4,000 for annual audit/compliance expenses; $2,950 for committee travel expenses and $2,400 for IT support. For comparison, budgeted expenses for these items during the 2023-2024 fiscal period were $74,960, $10,013, $4,880, $4,500, $2,950, and $2,400, respectively. The estimated 34,000,000 hundredweight of Idaho-Eastern Oregon potatoes from the 2024-2025 crop is expected to generate $102,000 in assessment revenue at the new assessment rate (34,000,000 hundredweight of potatoes multiplied by $0.003 assessment rate). The assessment rate increase should be appropriate to ensure the Committee has sufficient revenue to fully fund its recommended 2024-2025 fiscal period budgeted expenditures and begin replenishing the Committee's reserve funds. The reserve shall be established at an amount not to exceed approximately one fiscal period's budgeted expenses. The Committee derived the recommended assessment rate by considering anticipated fiscal period expenses, expected shipments of potatoes, and the amount of funds available in the financial reserve. Income derived from handler assessments ($102,000) should be adequate to cover budgeted expenses ($99,522). Funds available in the financial reserve (currently about $80,000) will be kept within the maximum permitted by the Order (approximately one fiscal period's budgeted expenses as authorized in § 945.44). The assessment rate will continue in effect indefinitely unless modified, suspended, or terminated by AMS upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or AMS. Committee meetings are open to the public and interested persons may express their views at these meetings. AMS will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Committee's 2024-2025 fiscal period budget, and those for subsequent fiscal periods, will be reviewed and, as appropriate, approved by AMS. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this final 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 businesses 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 approximately 450 producers of Idaho-Eastern Oregon potatoes in the production area and 32 handlers subject to regulation under the Order. At the time this analysis was prepared, the Small Business Administration
(SBA)defined small agricultural service firms as those having annual receipts equal to or less than $34,000,000 (North American Industry Classification System (NAICS) code 115114, Postharvest Crop Activities), and small agricultural producers of potatoes as those having annual receipts equal to or less than $4,250,000 (NAICS code 111211, Potato Farming) (13 CFR 121.201). According to the National Agricultural Statistics Service (NASS), the average annual producer price received for fresh market potatoes in Idaho, and Malheur County, Oregon, in 2022, the most recent full year for which there is NASS data, was $12.50 per hundredweight. Total shipments of Idaho-Eastern Oregon potatoes for the 2021-2022 season were reported by the Committee to be 28,167,500 hundredweight. Using the average producer price from 2022, the total 2021-2022 crop value of Idaho-Eastern Oregon potatoes could therefore be estimated to be $352,093,750 (28,167,500 hundredweight times $12.50 per hundredweight). Dividing the crop value by the estimated number of producers
(450)yields an estimated average receipt per producer of $782,431. This figure is well below the SBA small agricultural producer threshold of $4,250,000 in annual receipts. Assuming a normal distribution, this provides evidence that a large majority of potato producers would likely be considered small agricultural producers according to the SBA definition. According to AMS Market News data, the reported average free on board
(FOB)price for potatoes from Idaho-Eastern Oregon over the 2021-2022 fiscal period was $15.68 per 50-pound carton, depending upon variety, size and grade, and shipping date. Multiplying this figure by 2 (to adjust to hundredweight) yields an average FOB price of $31.36 per hundredweight for the 2021-2022 fiscal period. Multiplying the 2021-2022 Idaho-Eastern Oregon potato production of 28,167,500 hundredweight by the estimated average price per hundredweight of $31.36 equals $883,332,800. Dividing this figure by 32 regulated handlers yields estimated average annual handler receipts of $27,604,150 ($883,332,800 divided by 32 handlers), which is below the SBA threshold for small agricultural service firms. Therefore, according to the above data and assuming a normal distribution, most of the producers, and many of the handlers, of Idaho-Eastern Oregon potatoes may be classified as small entities. This rule increases the assessment rate collected from handlers for the 2024-2025 and subsequent fiscal periods from $0.002 to $0.003 per hundredweight of Idaho-Eastern Oregon potatoes. The Committee unanimously recommended 2024-2025 fiscal period expenditures of $99,522 and an assessment rate of $0.003 per hundredweight of Idaho-Eastern Oregon potatoes handled. The new assessment rate of $0.003 per hundredweight is $0.001 higher than the rate currently in effect. The Committee estimates the industry will handle 34,000,000 hundredweight of Idaho-Eastern Oregon potatoes during the 2024-2025 fiscal period. Thus, the $0.003 per hundredweight rate should provide $102,000 in assessment income (34,000,000 hundredweight multiplied by $0.003). The Committee expects that income generated from handler assessments will be sufficient to meet budgeted expenditures for the 2024-2025 fiscal period. The major expenditures recommended by the Committee for the 2024-2025 fiscal period include $75,489 in administrative expenses; $10,013 for operational expenses; $4,670 for insurance/banking expenses; $4,000 for annual audit/compliance expenses; $2,950 for committee travel expenses and $2,400 for IT support. For comparison, budgeted expenses for these items during the 2023-2024 fiscal period were $74,960, $10,013, $4,880, $4,500, $2,950, and $2,400, respectively. In recent years, the Committee has utilized reserve funds to partially fund its budgeted expenditures. The Committee recommended increasing the assessment rate to fully fund 2024-2025 fiscal period budgeted expenditures and replenish the reserve funds. This action is expected to add an estimated $2,478 to the Committee's financial reserve fund. The reserve shall be established at an amount not to exceed approximately one fiscal period's budgeted expenses. Prior to arriving at this budget and assessment rate recommendation, the Committee discussed various alternatives, including maintaining the current assessment rate of $0.002 per hundredweight and increasing the assessment rate by different amounts. However, the Committee determined that the assessment rate as established herein will fully fund budgeted expenses and replenish reserves to appropriate levels. The assessment rate of $0.003 per hundredweight of Idaho-Eastern Oregon potatoes was derived by considering anticipated expenses, the projected volume of assessable Idaho-Eastern Oregon potatoes, the projected monetary balance held in reserve, and additional pertinent factors. A review of NASS information indicates that the average producer price for the 2021-2022 fiscal period was $12.50 per hundredweight of potatoes in the production area. Therefore, utilizing the assessment rate of $0.003 per hundredweight, assessment revenue for the 2021-2022 fiscal period, as a percentage of total producer revenue, would have been approximately 0.024 percent of total producer revenue ($0.003 divided by $12.50 multiplied by 100). This action increases the assessment obligation imposed on Idaho-Eastern Oregon potato handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, these costs are expected to be offset by the benefits derived by the operation of the Order. The Committee's meetings are widely publicized throughout the production area. The Idaho-Eastern Oregon potato industry and all interested persons are invited to attend the meetings and participate in Committee deliberations on all issues. Like all Committee meetings, the June 5, 2024, meeting was a public meeting and all entities, both large and small, were able to express views on this issue. Finally, interested persons were invited to submit comments on this rule, including the regulatory and information collection impacts of this action on small businesses. 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 OMB and assigned OMB No. 0581-0178, Vegetable and Specialty Crops. No changes in those requirements will be necessary as a result of this final rule. Should any changes become necessary, they would be submitted to OMB for approval. This final rule will not impose any additional reporting or recordkeeping requirements on either small or large Idaho-Eastern Oregon 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. AMS is committed to complying with the E-Government Act to promote the use of the internet and other information technologies and to provide increased opportunities for citizen access to Government information and services, and for other purposes. AMS has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. A proposed rule concerning this action published in the **Federal Register** on September 27, 2024 (89 FR 79175). Copies of the proposed rule were provided to all Idaho-Eastern Oregon potato handlers. In addition, the proposal was made available through the internet by AMS and the Office of the Federal Register via *https://www.regulations.gov.* A 30-day comment period ending October 28, 2024, was provided for interested persons to respond to the proposal. AMS received one comment during the comment period that did not address the merits of the proposal. Accordingly, AMS made no changes to the rule. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *https://www.ams.usda.gov/rulesregulations/moa/small-businesses.* Any questions about the compliance guide should be sent to Antoinette Carter at the previously-mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, including the information and recommendations submitted by the Committee and other available information, AMS has determined that this rule tends to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 945 Marketing agreements, Potatoes, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 945 as follows: PART 945—IRISH POTATOES GROWN IN CERTAIN DESIGNATED COUNTIES IN IDAHO, AND MALHEUR COUNTY, OREGON. 1. The authority citation for 7 CFR part 945 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Revise § 945.249 to read as follows: § 945.249 Assessment rate. On and after August 1, 2024, an assessment rate of $0.003 per hundredweight is established for Idaho-Eastern Oregon potatoes. Erin Morris, Administrator, Agricultural Marketing Service. [FR Doc. 2025-18340 Filed 9-19-25; 8:45 am]
Connectionstraces to 7
4 references not yet in our index
  • 7 CFR 945
  • 7 CFR 900.2(j)
  • 7 USC 601-674
  • 5 USC 601-612
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Cite7 CFR 900.2(j)
Cite7 USC 601-674
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