[Federal Register Volume 74, Number 102 (Friday, May 29, 2009)]
[Proposed Rules]
[Pages 25678-25682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-12186]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 74, No. 102 / Friday, May 29, 2009 / Proposed
Rules
[[Page 25678]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 948, 953, and 980
[Doc. No. AMS-FV-08-0018; FV08-980-1 PR]
Vegetable Import Regulations; Modification of Potato Import
Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This rule invites comments on proposed modifications to the
import regulations for Irish potatoes. This rule is implemented in
accordance with section 608(e) (hereinafter referred to as ``section
8e'') of the Agricultural Marketing Agreement Act of 1937, which
requires imported potatoes to meet the same or comparable grade, size,
quality, and maturity requirements as those established under Federal
marketing order regulations. This rule would: Reduce the number of
marketing order areas determined as being in the most direct
competition with imported potatoes from five to three; exempt U.S. No.
1 grade potatoes imported in certain small containers from size
requirements; and remove certain language from Marketing Orders No. 948
and 953 that reference the regulation of imported Irish potatoes. In
addition, this rule would make minor administrative changes to the
potato, onion, and tomato import regulations to update informational
references. The proposed modifications to the import regulations are
expected to benefit potato importers and consumers.
DATES: Comments must be received by July 28, 2009.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All comments should reference the document number
and the date and page number of this issue of the Federal Register and
will be made available for public inspection in the Office of the
Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this rule
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the Internet at
the address provided above.
FOR FURTHER INFORMATION CONTACT: Barry Broadbent or Gary D. Olson,
Northwest Marketing Field Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1220 SW Third Avenue,
Suite 385, Portland, OR 97204; Telephone: (503) 326-2724, Fax: (503)
326-7440, or E-mail: [email protected] or [email protected].
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202)720-
2491, Fax: (202) 720-8938, or E-mail: [email protected].
SUPPLEMENTARY INFORMATION: This proposed rule is issued under section
8e of the Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601-674), hereinafter referred to as the ``Act,'' which provides
that whenever certain specified commodities, including potatoes
produced in certain areas, are regulated under a Federal marketing
order, imports of that commodity must meet the same or comparable
grade, size, quality, and maturity requirements as those in effect for
the domestically produced commodity. The import regulations for
vegetables issued under section 8e, which cover imports of Irish
potatoes, onions, and tomatoes, are contained in 7 CFR part 980.
This proposed rule is also issued under Marketing Agreement No. 97
and Marketing Order No. 948, both as amended (7 CFR part 948),
regulating the handling of Irish potatoes grown in Colorado, and
Marketing Agreement No. 104 and Marketing Order No. 953, both as
amended (7 CFR part 953), regulating the handling of Irish potatoes
grown in two southeastern States (Virginia and North Carolina). Both
orders are effective under the Act.
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Order 12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule.
There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of import regulations
issued under section 8e of the Act.
Section 8e provides authority to regulate certain imported
commodities whenever those same commodities are regulated by a domestic
marketing order. Potatoes are one of the commodities specifically
covered by section 8e in the Act. In addition, section 8e provides that
whenever two or more such marketing orders regulating the same
agricultural commodity produced in different areas are concurrently in
effect, imports must comply with the provisions of the order which
regulates the commodity produced in the area with which the imported
commodity is in the ``most direct competition.'' Currently, five
marketing orders are determined to be in most direct competition with
Irish potato imports, varying by the type of potato and the shipping
season. Section 980.1(a) reflects this determination.
This proposed rule invites comments on the modification of the
Irish potato import regulations that would reduce the number of
domestic marketing order areas determined as being in the most direct
competition with imported Irish potatoes from five to three. This rule
would also exempt U.S. No. 1 grade potatoes that are imported in three
pound or less containers from any concurrent marketing order size
requirements. Additionally, this rule would remove language contained
in Marketing Orders No. 948 and 953 that would become obsolete upon the
implementation of this proposed rule.
[[Page 25679]]
Finally, this rule would make minor changes to update certain
informational references contained in the Irish potato, onion, and
tomato import regulations.
Currently, five marketing orders are determined to be in most
direct competition with imported Irish potatoes and act as the basis
for the establishment of minimum grade, size, quality, and maturity
requirements for imported Irish potatoes, as set forth in the import
regulations issued under section 8e. The marketing order areas
determined to be in most direct competition are as follows: Marketing
Order No. 946 (Irish Potatoes Grown in Washington) for imports of red-
skinned, round type potatoes during the period July through September;
Marketing Order No. 948 (Area II) for imports of red-skinned, round
type potatoes during the period October through the following June;
Marketing Order No. 953 for imports of round white potatoes during the
period June 5 through July 31; Marketing Order No. 948 (Area III) for
imports of all other round type potatoes during the period August 1
through June 4 of the following year; and Marketing Order No. 945 for
imports of long type potatoes during each month of the marketing year.
These determinations as to most direct competition need to be
updated to reflect current production trends. With this rule, USDA is
proposing to reduce the number of marketing orders determined to be in
most direct competition with Irish potato imports from five to three:
One for red-skinned, round type potatoes; one for all other varieties
of round potatoes; and one for long type potatoes. Consequently, the
import regulations for Irish potatoes (7 CFR 980.1) would be revised by
determining Marketing Order No. 946 as the production area in most
direct competition with imports of red-skinned, round type potatoes
through the entire year and Marketing Order No. 948 (Area II) as the
production area in most direct competition with imports of all other
round type potatoes through the entire year. Marketing Order No. 945
would continue to be the area determined to be in most direct
competition with imports of long type potatoes through the entire year.
Production trends in recent years justify the proposed changes to
the designation of the area in most direct competition with imported
potatoes. The production area for Irish potatoes grown in Washington,
Marketing Order No. 946, has emerged as the clear domestic shipping
leader for fresh packed red-skinned, round type potatoes, shipping more
than three times the quantity as any other domestic area. Based on
marketing order records for the years 2003-2007, the production area
for Marketing Order No. 946 shipped an average of 1,370,410
hundredweight of red-skinned, round type, fresh packed potatoes. The
next highest marketing order production area was the San Luis Valley of
Colorado, covered by Marketing Order No. 948 (Area II). Based on
marketing order statistics for the same period, the area shipped an
average of 405,083 hundredweight of red-skinned, round type, fresh
packed potatoes. Furthermore, handlers in the Marketing Order No. 946
production area shipped in all 12 months of the year.
Marketing Order 948 (Area II) ships a larger volume of red-skinned,
round type, fresh packed potatoes a few months a year during its peak
shipping season. However, Marketing Order 946 should be established as
the order in most direct competition year round. This is due to its
dominance in shipping volumes and year round availability. Establishing
one marketing order as the order in most direct competition for red-
skinned, round type potatoes would more accurately reflect current
production trends and would simplify the process for importers by
having the same regulations established on a year round basis.
Consequently, USDA has determined that Marketing Order No. 946 should
be designated as the area determined to be in most direct competition
with imports of red-skinned, round type potatoes for the entire year.
Likewise, the production area for Irish potatoes grown in the San
Luis Valley of Colorado, Marketing Order No. 948 (Area II), has become
the predominant domestic shipping area of all other round type, fresh
packed potatoes, shipping more than double the quantity as any other
area. Based on marketing order statistics for the years 2003-2007, the
production area for Marketing Order No. 948 (Area II) shipped an annual
average of 1,671,810 hundredweight of all other round type, fresh
packed potatoes. In addition, handlers in Area II shipped all other
round type potatoes in all 12 months of the year. Following Colorado
Area II in the quantity handled of all other round type, fresh potatoes
was the Marketing Order No. 946 production area, where an annual
average of 778,400 hundredweight was shipped during this four year
period.
Prior to this proposal, USDA had determined that the production
areas for Marketing Orders No. 948 (Area III) and No. 953 were in most
direct competition with imports of all other round type potatoes during
certain periods of the year and were designated as such in the import
regulations. However, these production areas no longer ship fresh Irish
potatoes in quantities that warrant the continuation of such a
designation. Marketing order committee statistics show that handlers in
the production area for Marketing Order No. 948 (Area III) shipped an
annual average of 203,115 hundredweight of all other round type, fresh
potatoes for the years 2003-2007, or approximately 12 percent of the
amount shipped by the leading shipping area. Similarly, based on
marketing order committee statistics, handlers in the production area
for Marketing Order No. 953 shipped an annual average of 303,558
hundredweight of all other round type, fresh potatoes during the years
2005-2007, which is approximately 18 percent of the amount shipped by
the leading shipping area.
Marketing Order 946 ships a larger volume of other round type,
fresh packed potatoes a few months a year during its peak shipping
season. However, Marketing Order 948 (Area II) should be established as
the order in most direct competition year round. This is due to its
dominance in shipping volumes and year round availability. Establishing
one marketing order as the order in most direct competition for other
round type potatoes would more accurately reflect current production
trends and would simplify the process for importers by having the same
regulations established on a year round basis. Consequently, USDA has
determined that, based on recent shipment statistics, Marketing Order
No. 948 (Area II) should be designated as the area determined to be in
most direct competition with imports of all other round type potatoes
for the entire year.
The production area for Irish potatoes grown in certain designated
counties in Idaho, and Malheur County, Oregon, covered by Marketing
Order No. 945, has been, and is expected to continue to be, the
production and shipping leader for long type potatoes. As such, the
determination of the area in most direct competition with long type
Irish potato imports as currently contained in the import regulations
would continue unchanged.
This rule would also exempt U.S. No. 1 grade potatoes of any type
imported in 3 pound or less containers from the size requirements
otherwise specified in the potato import regulations. Marketing Order
No. 946, which covers potato production in the state of Washington,
contains this exemption in the handling regulation. Washington is the
only domestic potato production area to ship U.S. No. 1 grade potatoes
in 3 pound or less containers without regard to size.
[[Page 25680]]
However, they are marketed throughout the year. Therefore, the
exemption from size requirements for imported potatoes in 3 pound or
less containers should be based upon the regulation established under
Marketing Order 946 for the entire year. This change would allow
importers to import potatoes under comparable regulation.
Additionally, as a result of the proposed changes delineated above,
this proposed rule would remove Sec. Sec. 948.387(h) and 953.322(g)
from the respective marketing orders. The respective sections of each
marketing order, specifically addressing ``Applicability to imports'',
would no longer be relevant with a change in the determination of areas
in most direct competition with imported potatoes.
Marketing Orders No. 948 (Area III) and No. 953 would continue to
be viable marketing orders in providing for the orderly marketing of
Irish potatoes in the respective production areas. This proposed action
would have no direct bearing on the operation of those programs. The
proposed change of determination would simply mean that those marketing
orders would no longer be used as a basis for establishing Irish potato
import requirements and, as such, any language in the marketing orders
that link the orders to the potato import regulations would be rendered
obsolete.
Lastly, this rule would make minor changes to certain reference
information included in the import regulations covering potatoes,
onions, and tomatoes that either require updating or have become
obsolete since the subpart was last amended. Specifically, the
designation of governmental inspection services would be amended to
reflect agency name changes, references to certain Code of Federal
Regulations citation numbers would be updated to acknowledge changes,
and outdated address information would be brought current.
USDA believes that the proposed modifications specified above would
streamline the import regulations that potato importers are subject to.
It is expected that these changes would benefit importers of Irish
potatoes and consumers.
Initial Regulatory Flexibility Analysis
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), the Agricultural Marketing Service (AMS) has
considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this initial regulatory flexibility
analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf.
Small agricultural producers are defined as those whose annual
receipts are less than $750,000, and small agricultural service firms,
including potato importers, are defined by the Small Business
Administration (13 CFR 121.201) as those having annual receipts of less
than $7,000,000. There are approximately 255 importers of all types of
potatoes who are subject to regulation under the Act. The majority of
potato importers may be classified as small entities.
This proposal would modify the import regulations for Irish
potatoes (7 CFR 980.1) by reducing the number of areas designated as
being in most direct competition with Irish potato imports from five to
three due to changes in production trends. This proposed rule would
designate Marketing Order No. 946 as the sole production area in most
direct competition with imports of red-skinned, round type potatoes,
whereas the previous determination was that both Marketing Orders No.
946 and No. 948 (Area II) were the areas in most direct competition
during certain specific periods of the year. This rule would also
designate Marketing Order No. 948 (Area II) as the production area in
most direct competition with imports of all other round type potatoes,
whereas the previous determination was that Marketing Orders No. 948
(Area III) and No. 953 were the areas in most direct competition during
certain specific periods of the year.
Section 8e of the Act provides authority for the regulation of
imported Irish potatoes, whenever similar type potatoes are regulated
by a domestic marketing order. In addition, section 8e provides that
whenever two or more such marketing orders regulating the same
agricultural commodity produced in different areas are concurrently in
effect, imports must comply with the provisions of the marketing order
which regulates the commodity produced in the area with which the
imported commodity is in the ``most direct competition.''
Currently, the Irish potato import regulations require importers to
comply with the grade, size, quality, and maturity requirements of five
marketing orders (Marketing Orders No. 945, No. 946, No. 948 (Area II
and Area III), and No. 953) depending on the type of potato and the
time period when shipped. This proposal would reduce that number to
three by eliminating Marketing Orders No. 948 (Area III) and No. 953
from the determinations in Sec. 980.1(a). Marketing Order No. 946
would be determined as the area in most direct competition with imports
of red-skinned, round type potatoes, and Marketing Order No. 948 (Area
II) would be determined as the area in most direct competition with
imports of all other round type potatoes. Marketing Order No. 945 would
continue as the area in most direct competition with imports of all
long type potatoes.
Designating just three marketing orders as being generally in most
direct competition with imported potatoes of similar type would more
accurately reflect current domestic production trends. Statistics from
recent years show that the production area of Marketing Order No. 946
(Irish potatoes grown in Washington) has emerged as the clear leader in
the production of red-skinned, round type potatoes, nearly tripling the
next largest production area (Marketing Order No. 948 (Area II)).
Likewise, the production area of Marketing Order No. 948 (Area II)
(Irish potatoes grown in the San Luis Valley of Colorado) has become
the production leader of all other round type potatoes, producing over
twice the quantity of these type potatoes than the next largest
domestic producing region (Marketing Order No. 946). The production
area for Marketing Order No. 945 (Irish potatoes grown in certain
designated counties in Idaho, and Malheur County, Oregon) continues to
be the production leader of long type potatoes.
This rule would also exempt U.S. No. 1 grade potatoes of any type
imported in 3 pound or less containers from the size requirements
otherwise specified in the potato import regulations. Marketing Order
No. 946, which covers the only domestic potato production area that
ships such potatoes, currently contains this exemption. However, they
are marketed throughout the year. Therefore, the exemption from size
requirements for imported potatoes in 3 pound or less containers should
be based upon the regulation established under Marketing Order 946 for
the entire year. This change would allow importers to import potatoes
under comparable regulation.
Additionally, as a result of the proposed changes to the import
regulations as delineated above, this rule would remove Sec. Sec.
948.387(h) and 953.322(g) from the respective marketing orders. These
sections of each marketing order, specifically addressing
``Applicability to imports'', would no
[[Page 25681]]
longer be necessary should the determination of areas in most direct
competition with imported potatoes be modified as proposed.
Lastly, this rule would make minor changes to certain informational
references included in the import regulations covering potatoes,
onions, and tomatoes that require updating since the subpart was last
amended. Specifically, the designation of the governmental inspection
service would be amended to reflect agency name changes, references to
certain Code of Federal Regulations citation numbers would be updated
to acknowledge changes, and outdated address information would be
brought current.
In most cases, the proposed changes to the potato import
regulations would constitute a relaxation of the regulatory
requirements that potato imports are subject to. In all other cases,
the proposed action would be a continuation of the current regulatory
requirements. Therefore, the proposed changes are expected to either
maintain or reduce the regulatory burden on potato importers.
Imports of red-skinned, round type potatoes, currently subject to
the requirements of Marketing Orders No. 946 and 948 (Area II), would
only be subject to the requirements of Marketing Order No. 946. The
minimum size requirements in Marketing Order No. 946 are less
restrictive than the size requirements in Marketing Order No. 948 (Area
II).
Likewise, imports of all other round type potatoes, currently
subject to the requirements of Marketing Orders No. 948 (Area III) and
953, would only be subject to the requirements of Marketing Order No.
948 (Area II). The minimum size requirements in Marketing Order No. 948
(Area II) are less restrictive than the requirements of both Marketing
Orders No. 948 (Area III) and 953.
Exempting U.S. No. 1 grade potatoes handled in 3 pound or less
containers from size requirements is also considered a relaxation of
the current regulations.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
This rule would not impose any additional reporting or
recordkeeping requirements on either small or large potato importers.
As with all Federal marketing order programs and corresponding import
regulations, reports and forms are periodically reviewed to reduce
information requirements and duplication by industry and public sector
agencies. In addition, USDA has not identified any relevant Federal
rules that duplicate, overlap, or conflict with this proposed rule.
Interested persons are invited to submit comments on this proposed
rule, including the regulatory and informational impacts of this action
on small businesses.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at the
following Web site: http://www.ams.usda.gov/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to
Jay Guerber at the previously mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this proposed rule.
A 60-day comment period is provided to allow interested persons to
respond to this proposal. All written comments timely received will be
considered before a final determination is made on this matter.
List of Subjects
7 CFR Part 948
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
7 CFR Part 953
Marketing agreements, Potatoes, Reporting and recordkeeping
requirements.
7 CFR Part 980
Food grades and standards, Imports, Marketing agreements, Onions,
Potatoes, Tomatoes.
For the reasons set forth in the preamble, 7 CFR parts 948, 953,
and 980 are proposed to be amended as follows:
1. The authority citation for 7 CFR part 948, 953, and 980
continues to read as follows:
Authority: 7 U.S.C. 601-674.
PART 948--IRISH POTATOES GROWN IN COLORADO
Sec. 948.387 [Amended]
2. In Sec. 948.387, paragraph (h) is removed.
PART 953--IRISH POTATOES GROWN IN SOUTHEASTERN STATES
Sec. 953.322 [Amended]
3. In Sec. 953.322, paragraph (g) is removed.
PART 980--VEGETABLES; IMPORT REGULATIONS
4. In Sec. 980.1, paragraphs (a)(2)(i), (a)(2)(ii), (b)(1),
(b)(2), and (j) are revised to read as follows:
Sec. 980.1 Import regulations; Irish potatoes.
(a) * * *
(2) * * *
(i) Imports of red-skinned, round type potatoes during each month
of the marketing year are in most direct competition with potatoes of
the same type produced in the area covered by Marketing Order No. 946
(part 946 of this chapter).
(ii) Imports of all other round type potatoes during each month of
the marketing year are in most direct competition with potatoes of the
same type produced in Area 2, Colorado (San Luis Valley) covered by
Marketing Order No. 948, as amended (part 948 of this chapter).
* * * * *
(b) * * *
(1) Through the entire year, the grade, size, quality, and maturity
requirements of Marketing Order No. 946, as amended (part 946 of this
chapter), applicable to potatoes of the red-skinned, round type shall
be the respective grade, size, quality, and maturity requirements for
all imported red-skinned, round type potatoes.
(2) Through the entire year, the grade, size, quality, and maturity
requirements of Area II, Colorado (San Luis Valley) covered by
Marketing Order No. 948, as amended (part 948 of this chapter),
applicable to potatoes of the round type, other than red-skinned
varieties, shall be the respective grade, size, quality, and maturity
requirements for imports of all other round type potatoes.
* * * * *
(j) Exemptions. (1) The grade, size, quality and maturity
requirements of this section shall not be applicable to potatoes
imported for canning, freezing, other processing, livestock feed,
charity, or relief, but such potatoes shall be subject to the safeguard
provisions contained in Sec. 980.501. Processing includes canning,
freezing, dehydration, chips, shoestrings, starch and flour. Processing
does not include potatoes that are only peeled, or cooled, sliced,
diced, or treated to prevent oxidation, or made into fresh potato
salad.
(2) There shall be no size requirements for potatoes that are
[[Page 25682]]
imported in containers with a net weight of 3 pounds or less, if the
potatoes are otherwise U.S. No. 1 grade or better.
5. Section 980.117 is amended as follows:
a. Paragraph (e) is revised;
b. In paragraph (f)(2), remove the reference ``(7 CFR 2851)'' and
add in its place the reference ``(7 CFR part 51).''
c. In paragraph (h), remove the references ``(7 CFR 2851.3195
through 2851.3209),'' ``(7 CFR 2851.3955 through 2851.3970),'' and ``(7
CFR 2851.3195 through 2851.3209)'' and add in their places the
references ``(7 CFR 51.3195 through 51.3209),'' ``(7 CFR 51.3955
through 51.3970),'' and ``(7 CFR 51.3195 through 51.3209),''
respectively.
Sec. 980.117 Import regulations; onions.
* * * * *
(e) Designation of governmental inspection service. The Federal or
Federal-State Inspection Service, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S. Department of Agriculture and the
Food of Plant Origin Division, Plant Products Directorate, Canadian
Food Inspection Agency, are hereby designated as governmental
inspection services for the purpose of certifying the grade, size,
quality, and maturity of onions that are imported, or to be imported,
into the United States under the provisions of section 8e of the Act.
* * * * *
8. In Sec. 980.212:
a. Paragraph (e) is revised;
b. In paragraph (f)(2), remove the reference ``(7 CFR 2851)'' and
add in its place the reference ``(7 CFR part 51).''
c. In paragraph (h), remove the words ``(7 CFR 2851.1855 through
2851.1877; title 7, chapter I, part 51 was redesignated title 7,
chapter 28, part 2851 on June 27, 1977)'' and add in their place the
words ``(7 CFR 51.1855 through 51.1877).''
Sec. 980.212 Import regulations; tomatoes.
* * * * *
(e) Designation of governmental inspection service. The Federal or
Federal-State Inspection Service, Fruit and Vegetable Programs,
Agricultural Marketing Service, U.S. Department of Agriculture and the
Food of Plant Origin Division, Plant Products Directorate, Canadian
Food Inspection Agency, are hereby designated as governmental
inspection services for the purpose of certifying the grade, size,
quality, and maturity of tomatoes that are imported, or to be imported,
into the United States under the provisions of section 8e of the Act.
* * * * *
Sec. 980.501 [Amended]
9. Amend Sec. 980.501 in paragraph (a)(4) by removing the words
``Fruit and Vegetable Division'' in the first and second sentences and
adding in their places the words ``Fruit and Vegetable Programs.''; and
in paragraph (d), remove the address ``Marketing Order Administration
Branch, USDA, AMS, P.O. Box 96456, room 2523-S, Washington, DC 20090-
6456, telephone (202) 720-4607'' and add in its place the address
``Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237, telephone (202) 720-2491.''
Dated: May 20, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9-12186 Filed 5-28-09; 8:45 am]
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