80_FR_22508 80 FR 22431 - Cranberries Grown in States of Massachusetts, et al.; Revising Determination of Sales History

80 FR 22431 - Cranberries Grown in States of Massachusetts, et al.; Revising Determination of Sales History

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 77 (April 22, 2015)

Page Range22431-22433
FR Document2015-09291

This proposed rule would implement a recommendation from the Cranberry Marketing Committee (Committee) to revise the determination of sales history provisions currently prescribed under the cranberry marketing order (order). The Committee, which consists of 13 growers and 1 public member, locally administers the order regulating the handling of cranberries grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York. Under the order, there are two different sales history calculations that have been established for this program. This action would clarify when the different methods for calculating sales history would be used. This action would also remove the fresh fruit exemption from one of the calculations.

Federal Register, Volume 80 Issue 77 (Wednesday, April 22, 2015)
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Proposed Rules]
[Pages 22431-22433]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-09291]


========================================================================
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.

========================================================================


Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / 
Proposed Rules

[[Page 22431]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Doc. No. AMS-FV-14-0091; FV15-929-1 PR]


Cranberries Grown in States of Massachusetts, et al.; Revising 
Determination of Sales History

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would implement a recommendation from the 
Cranberry Marketing Committee (Committee) to revise the determination 
of sales history provisions currently prescribed under the cranberry 
marketing order (order). The Committee, which consists of 13 growers 
and 1 public member, locally administers the order regulating the 
handling of cranberries grown in Massachusetts, Rhode Island, 
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, 
Washington, and Long Island in the State of New York. Under the order, 
there are two different sales history calculations that have been 
established for this program. This action would clarify when the 
different methods for calculating sales history would be used. This 
action would also remove the fresh fruit exemption from one of the 
calculations.

DATES: Comments must be received by May 7, 2015.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Docket Clerk, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
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 
proposal 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: Doris Jamieson, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Fruit and Vegetable 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or 
Email: [email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement 
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence 
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing 
Agreement and Order No. 929, as amended (7 CFR part 929), regulating 
the handling of cranberries grown in the states of Massachusetts, Rhode 
Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, 
Oregon, Washington, and Long Island in the State of New York, 
hereinafter referred to as the ``order.'' The order is effective under 
the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 
601-674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This proposed 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 608c(15)(A) 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 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 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.
    There are two sales history calculations in effect under two 
separate sections of the order. This action would clarify when the 
different methods for calculating sales history would be used. This 
proposed rule also invites comments on the removal of the exemption for 
fresh fruit from the sales history calculation found in Sec.  929.149. 
The Committee unanimously recommended these changes at meetings held on 
February 10, and August 20, 2014.
    The order provides authority for volume control in the form of a 
producer allotment program. When in effect, this program limits the 
quantity of cranberries that handlers may purchase or handle on behalf 
of growers in years of oversupply. Each year, prior to determining if 
volume regulation is needed, grower sales histories are calculated. The 
sales history averages recent years' sales data using information 
submitted by each grower on a production and eligibility report filed 
with the Committee. If the Committee determines that volume regulation 
is needed, a producer allotment percentage is calculated. Each grower's 
allotment of cranberries eligible for handling is then calculated by 
multiplying the allotment percentage by the grower's sales history.
    Section 929.48 of the order contains provisions for computing an 
annual grower sales history. Section 929.48 also provides that the 
Committee, with the approval of the Secretary, may establish 
alternative grower's sales history calculations as warranted. One such 
alternative calculation is established in Sec.  929.149. This 
alternative calculation supplements the calculation found in Sec.  
929.48 by including an additional sales history for growers with new 
and renovated acreage. It also provides that

[[Page 22432]]

the sales history be computed for processed fruit only, with fresh 
fruit sales deducted from the calculation. The alternative calculation 
method established in Sec.  929.149 was developed for the 2001-02 
marketing year, the last time volume regulation was implemented, and 
was recently revised so that it could be used for any season.
    The Committee believes the provisions in the alternative sales 
history calculation are beneficial and provide equity to growers who 
have recently planted or renovated acreage. However, the alternative 
method for calculating sales history requires physical verification of 
the renovated or new acreage, thus resulting in additional costs to the 
Committee. When considering the costs and the benefits of both sales 
history calculation methods, the Committee concluded that the method in 
Sec.  929.48 was adequate for annual calculations when volume 
regulation was not anticipated. However, due to the importance of a 
grower's sales history in the determination of that grower's allotment 
during years of volume regulation, the inclusion of new and renovated 
acreage is paramount. Accordingly, the Committee concluded that the 
sales history calculation in Sec.  929.149 should be used in all years 
when volume regulation is anticipated.
    Consequently, at its February 10 and August 20, 2014, meetings, the 
Committee recommended that the alternative calculation method found in 
Sec.  929.149 only apply during times when a producer allotment volume 
regulation is being implemented. When a producer allotment volume 
regulation is not being implemented, the Committee would calculate 
grower's sales history according to the provisions provided in Sec.  
929.48 of the order.
    The Committee also recommended revising the alternative calculation 
method in Sec.  929.149 by removing the exemption for fresh fruit 
sales. Committee members stated that automatically exempting fresh 
fruit from the sales history calculation provides the grower with an 
inaccurate representation of their total sales. Further, the exclusion 
of fresh fruit affects the industry's total sales history, which is 
used to determine the allotment percentage under a producer allotment 
program. The Committee believes if any exemptions to future producer 
allotment calculations are warranted, such exemptions should be 
considered and recommended to USDA as part of a proposed volume 
regulation. Removing the fresh exemption provision from the alternative 
calculation would allow the Committee to determine, on an as-needed 
basis, whether or not volume regulation should apply to the fresh 
cranberry supply.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), 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 
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 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 1,300 cranberry growers in the regulated 
area and approximately 45 cranberry handlers who are subject to 
regulation under the marketing order. Small agricultural producers are 
defined by the Small Business Administration (SBA) as those having 
annual receipts of less than $750,000 and small agricultural service 
firms are defined as those having annual receipts of less than 
$7,000,000 (13 CFR 121.201).
    According to industry and Committee data, grower prices ranged 
between $15 and $47 per barrel for cranberries during the 2012-13 
marketing year, and total sales were around 7.8 million barrels. Based 
on production data and grower prices, the average annual grower revenue 
is below $750,000. Using Committee information and shipment data, 44 
out of the 45 cranberry handlers could also be considered small 
businesses under SBA's definition. Therefore, the majority of cranberry 
growers and handlers may be classified as small entities.
    This proposal would revise the rules and regulations pertaining to 
the determination of sales history currently prescribed in Sec.  
929.149 of the order. There are two sales history calculations under 
two separate sections of the order. This action would clarify when the 
different methods for calculating sales history would be used. It would 
also remove the exemption for fresh fruit from the calculation method 
found in Sec.  929.149. These changes were unanimously recommended by 
the Committee at meetings held on February 10, and August 20, 2014. 
Authority for these changes is provided in Sec.  929.48 of the order.
    It is not anticipated that this action would impose any additional 
costs on the industry. Each year, the Committee is required to 
calculate a sales history for each grower. This rule would clarify that 
the alternative sales history calculation method established under 
Sec.  929.149 would only apply when a producer allotment regulation is 
being implemented. The calculation method found in Sec.  929.48 would 
be used when volume regulation is not being implemented.
    Removing the fresh exemption provision from the calculation found 
in Sec.  929.149 would allow the Committee to determine, on an as-
needed basis, whether or not volume regulation should apply to the 
fresh cranberry supply. It also would provide growers, and the 
Committee, with a more accurate representation of their sales history. 
The benefits of this proposed rule are not expected to be 
disproportionately greater or lesser for small handlers or producers 
than for large entities.
    The Committee considered the alternative of making no changes to 
the rules and regulations pertaining to the determination of sales 
history. However, the Committee recognized that this change would help 
the industry avoid the additional costs of acreage verification in 
years when volume regulation is not being implemented. Also, the 
Committee agreed that the current grower sales history tabulation 
exempting fresh fruit was not representative of the actual sales. 
Therefore, this alternative was rejected.
    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 the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189, Generic Fruit Crops. No changes in those 
requirements as a result of this action are necessary. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This action would not impose any additional reporting or 
recordkeeping requirements on either small or large cranberry 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 to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.

[[Page 22433]]

    In addition, USDA has not identified any relevant Federal rules 
that duplicate, overlap or conflict with this proposed rule.
    Further, the Committee's meetings were widely publicized throughout 
the cranberry industry and all interested persons were invited to 
attend the meetings and participate in Committee deliberations on all 
issues. Like all Committee meetings, the February 10, and August 20, 
2014, meetings were public meetings and all entities, both large and 
small, were able to express views on this issue. Finally, 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: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions 
about the compliance guide should be sent to Jeffrey Smutny at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    A 15-day comment period is provided to allow interested persons to 
respond to this proposal. Fifteen days is deemed appropriate because 
this proposed rule would need to be in place as soon as possible as the 
Committee is beginning discussions regarding establishing a producer 
allotment volume regulation for the coming season. As such, it would be 
important to have these changes in place as the Committee moves forward 
with these discussions and potential implementation. All written 
comments timely received will be considered before a final 
determination is made on this matter.

List of Subjects in 7 CFR Part 929

    Cranberries, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 929 is 
proposed to be amended as follows:

PART 929--CRANBERRIES GROWN IN THE STATES OF MASSACHUSETTS, RHODE 
ISLAND, CONNECTICUT, NEW JERSEY, WISCONSIN, MICHIGAN, MINNESOTA, 
OREGON, WASHINGTON, AND LONG ISLAND IN THE STATE OF NEW YORK

0
1. The authority citation for 7 CFR part 929 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


Sec.  929.149  [Amended]

0
2. In Sec.  929.149, the words ``when a producer allotment volume 
regulation is in effect'' are added to the end of the introductory 
text, and paragraphs (e) and (f) are removed.

    Dated: April 16, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-09291 Filed 4-21-15; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                                 22431

                                                 Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                Vol. 80, No. 77

                                                                                                                                                                Wednesday, April 22, 2015



                                                 This section of the FEDERAL REGISTER                    Register and will be made available for                obligation imposed in connection with
                                                 contains notices to the public of the proposed          public inspection in the Office of the                 the order is not in accordance with law
                                                 issuance of rules and regulations. The                  Docket Clerk during regular business                   and request a modification of the order
                                                 purpose of these notices is to give interested          hours, or can be viewed at: http://                    or to be exempted therefrom. A handler
                                                 persons an opportunity to participate in the            www.regulations.gov. All comments                      is afforded the opportunity for a hearing
                                                 rule making prior to the adoption of the final
                                                 rules.
                                                                                                         submitted in response to this proposal                 on the petition. After the hearing, USDA
                                                                                                         will be included in the record and will                would rule on the petition. The Act
                                                                                                         be made available to the public. Please                provides that the district court of the
                                                 DEPARTMENT OF AGRICULTURE                               be advised that the identity of the                    United States in any district in which
                                                                                                         individuals or entities submitting the                 the handler is an inhabitant, or has his
                                                 Agricultural Marketing Service                          comments will be made public on the                    or her principal place of business, has
                                                                                                         internet at the address provided above.                jurisdiction to review USDA’s ruling on
                                                 7 CFR Part 929                                          FOR FURTHER INFORMATION CONTACT:                       the petition, provided an action is filed
                                                 [Doc. No. AMS–FV–14–0091; FV15–929–1                    Doris Jamieson, Marketing Specialist, or               not later than 20 days after the date of
                                                 PR]                                                     Christian D. Nissen, Regional Director,                the entry of the ruling.
                                                                                                         Southeast Marketing Field Office,                         There are two sales history
                                                 Cranberries Grown in States of                          Marketing Order and Agreement                          calculations in effect under two separate
                                                 Massachusetts, et al.; Revising                         Division, Fruit and Vegetable Program,                 sections of the order. This action would
                                                 Determination of Sales History                          AMS, USDA; Telephone: (863) 324–                       clarify when the different methods for
                                                                                                         3375, Fax: (863) 291–8614, or Email:                   calculating sales history would be used.
                                                 AGENCY:  Agricultural Marketing Service,                Doris.Jamieson@ams.usda.gov or                         This proposed rule also invites
                                                 USDA.                                                   Christian.Nissen@ams.usda.gov.                         comments on the removal of the
                                                 ACTION: Proposed rule.                                     Small businesses may request                        exemption for fresh fruit from the sales
                                                                                                         information on complying with this                     history calculation found in § 929.149.
                                                 SUMMARY:   This proposed rule would
                                                                                                         regulation by contacting Jeffrey Smutny,               The Committee unanimously
                                                 implement a recommendation from the
                                                                                                         Marketing Order and Agreement                          recommended these changes at meetings
                                                 Cranberry Marketing Committee
                                                                                                         Division, Fruit and Vegetable Program,                 held on February 10, and August 20,
                                                 (Committee) to revise the determination
                                                                                                         AMS, USDA, 1400 Independence                           2014.
                                                 of sales history provisions currently
                                                                                                         Avenue SW., STOP 0237, Washington,                        The order provides authority for
                                                 prescribed under the cranberry
                                                                                                         DC 20250–0237; Telephone: (202) 720–                   volume control in the form of a
                                                 marketing order (order). The Committee,
                                                                                                         2491, Fax: (202) 720–8938, or Email:                   producer allotment program. When in
                                                 which consists of 13 growers and 1
                                                                                                         Jeffrey.Smutny@ams.usda.gov.                           effect, this program limits the quantity
                                                 public member, locally administers the
                                                                                                         SUPPLEMENTARY INFORMATION: This                        of cranberries that handlers may
                                                 order regulating the handling of
                                                                                                         proposal is issued under Marketing                     purchase or handle on behalf of growers
                                                 cranberries grown in Massachusetts,
                                                                                                         Agreement and Order No. 929, as                        in years of oversupply. Each year, prior
                                                 Rhode Island, Connecticut, New Jersey,
                                                                                                         amended (7 CFR part 929), regulating                   to determining if volume regulation is
                                                 Wisconsin, Michigan, Minnesota,
                                                                                                         the handling of cranberries grown in the               needed, grower sales histories are
                                                 Oregon, Washington, and Long Island in
                                                                                                         states of Massachusetts, Rhode Island,                 calculated. The sales history averages
                                                 the State of New York. Under the order,
                                                                                                         Connecticut, New Jersey, Wisconsin,                    recent years’ sales data using
                                                 there are two different sales history
                                                                                                         Michigan, Minnesota, Oregon,                           information submitted by each grower
                                                 calculations that have been established
                                                                                                         Washington, and Long Island in the                     on a production and eligibility report
                                                 for this program. This action would
                                                                                                         State of New York, hereinafter referred                filed with the Committee. If the
                                                 clarify when the different methods for
                                                                                                         to as the ‘‘order.’’ The order is effective            Committee determines that volume
                                                 calculating sales history would be used.
                                                                                                         under the Agricultural Marketing                       regulation is needed, a producer
                                                 This action would also remove the fresh
                                                                                                         Agreement Act of 1937, as amended (7                   allotment percentage is calculated. Each
                                                 fruit exemption from one of the
                                                                                                         U.S.C. 601–674), hereinafter referred to               grower’s allotment of cranberries
                                                 calculations.
                                                                                                         as the ‘‘Act.’’                                        eligible for handling is then calculated
                                                 DATES: Comments must be received by                        The Department of Agriculture                       by multiplying the allotment percentage
                                                 May 7, 2015.                                            (USDA) is issuing this proposed rule in                by the grower’s sales history.
                                                 ADDRESSES: Interested persons are                       conformance with Executive Orders                         Section 929.48 of the order contains
                                                 invited to submit written comments                      12866, 13563, and 13175.                               provisions for computing an annual
                                                 concerning this proposal. Comments                         This proposal has been reviewed                     grower sales history. Section 929.48 also
                                                 must be sent to the Docket Clerk,                       under Executive Order 12988, Civil                     provides that the Committee, with the
                                                 Marketing Order and Agreement                           Justice Reform. This proposed rule is                  approval of the Secretary, may establish
Rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 Division, Fruit and Vegetable Program,                  not intended to have retroactive effect.               alternative grower’s sales history
                                                 AMS, USDA, 1400 Independence                               The Act provides that administrative                calculations as warranted. One such
                                                 Avenue SW., STOP 0237, Washington,                      proceedings must be exhausted before                   alternative calculation is established in
                                                 DC 20250–0237; Fax: (202) 720–8938; or                  parties may file suit in court. Under                  § 929.149. This alternative calculation
                                                 Internet: http://www.regulations.gov. All               section 608c(15)(A) of the Act, any                    supplements the calculation found in
                                                 comments should reference the                           handler subject to an order may file                   § 929.48 by including an additional
                                                 document number and the date and                        with USDA a petition stating that the                  sales history for growers with new and
                                                 page number of this issue of the Federal                order, any provision of the order, or any              renovated acreage. It also provides that


                                            VerDate Sep<11>2014   15:23 Apr 21, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\22APP1.SGM   22APP1


                                                 22432                  Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules

                                                 the sales history be computed for                       to determine, on an as-needed basis,                      It is not anticipated that this action
                                                 processed fruit only, with fresh fruit                  whether or not volume regulation                       would impose any additional costs on
                                                 sales deducted from the calculation. The                should apply to the fresh cranberry                    the industry. Each year, the Committee
                                                 alternative calculation method                          supply.                                                is required to calculate a sales history
                                                 established in § 929.149 was developed                                                                         for each grower. This rule would clarify
                                                                                                         Initial Regulatory Flexibility Analysis
                                                 for the 2001–02 marketing year, the last                                                                       that the alternative sales history
                                                 time volume regulation was                                 Pursuant to requirements set forth in               calculation method established under
                                                 implemented, and was recently revised                   the Regulatory Flexibility Act (RFA)                   § 929.149 would only apply when a
                                                 so that it could be used for any season.                (5 U.S.C. 601–612), the Agricultural                   producer allotment regulation is being
                                                    The Committee believes the                           Marketing Service (AMS) has                            implemented. The calculation method
                                                 provisions in the alternative sales                     considered the economic impact of this                 found in § 929.48 would be used when
                                                 history calculation are beneficial and                  action on small entities. Accordingly,                 volume regulation is not being
                                                 provide equity to growers who have                      AMS has prepared this initial regulatory               implemented.
                                                 recently planted or renovated acreage.                  flexibility analysis.                                     Removing the fresh exemption
                                                 However, the alternative method for                        The purpose of the RFA is to fit                    provision from the calculation found in
                                                 calculating sales history requires                      regulatory actions to the scale of                     § 929.149 would allow the Committee to
                                                 physical verification of the renovated or               businesses subject to such actions in                  determine, on an as-needed basis,
                                                 new acreage, thus resulting in                          order that small businesses will not be                whether or not volume regulation
                                                 additional costs to the Committee.                      unduly or disproportionately burdened.                 should apply to the fresh cranberry
                                                 When considering the costs and the                      Marketing orders issued pursuant to the                supply. It also would provide growers,
                                                 benefits of both sales history calculation              Act, and rules issued thereunder, are                  and the Committee, with a more
                                                 methods, the Committee concluded that                   unique in that they are brought about                  accurate representation of their sales
                                                 the method in § 929.48 was adequate for                 through group action of essentially                    history. The benefits of this proposed
                                                 annual calculations when volume                         small entities acting on their own                     rule are not expected to be
                                                 regulation was not anticipated.                         behalf.                                                disproportionately greater or lesser for
                                                 However, due to the importance of a                        There are approximately 1,300                       small handlers or producers than for
                                                 grower’s sales history in the                           cranberry growers in the regulated area                large entities.
                                                 determination of that grower’s allotment                and approximately 45 cranberry                            The Committee considered the
                                                 during years of volume regulation, the                  handlers who are subject to regulation                 alternative of making no changes to the
                                                 inclusion of new and renovated acreage                  under the marketing order. Small                       rules and regulations pertaining to the
                                                 is paramount. Accordingly, the                          agricultural producers are defined by                  determination of sales history. However,
                                                 Committee concluded that the sales                      the Small Business Administration                      the Committee recognized that this
                                                 history calculation in § 929.149 should                 (SBA) as those having annual receipts of               change would help the industry avoid
                                                 be used in all years when volume                        less than $750,000 and small                           the additional costs of acreage
                                                 regulation is anticipated.                              agricultural service firms are defined as              verification in years when volume
                                                    Consequently, at its February 10 and                 those having annual receipts of less than              regulation is not being implemented.
                                                 August 20, 2014, meetings, the                          $7,000,000 (13 CFR 121.201).                           Also, the Committee agreed that the
                                                 Committee recommended that the                             According to industry and Committee                 current grower sales history tabulation
                                                 alternative calculation method found in                 data, grower prices ranged between $15                 exempting fresh fruit was not
                                                 § 929.149 only apply during times when                  and $47 per barrel for cranberries during              representative of the actual sales.
                                                 a producer allotment volume regulation                  the 2012–13 marketing year, and total                  Therefore, this alternative was rejected.
                                                 is being implemented. When a producer                   sales were around 7.8 million barrels.                    In accordance with the Paperwork
                                                 allotment volume regulation is not being                Based on production data and grower                    Reduction Act of 1995 (44 U.S.C.
                                                 implemented, the Committee would                        prices, the average annual grower                      Chapter 35), the order’s information
                                                 calculate grower’s sales history                        revenue is below $750,000. Using                       collection requirements have been
                                                 according to the provisions provided in                 Committee information and shipment                     previously approved by the Office of
                                                 § 929.48 of the order.                                  data, 44 out of the 45 cranberry handlers              Management and Budget (OMB) and
                                                    The Committee also recommended                       could also be considered small                         assigned OMB No. 0581–0189, Generic
                                                 revising the alternative calculation                    businesses under SBA’s definition.                     Fruit Crops. No changes in those
                                                 method in § 929.149 by removing the                     Therefore, the majority of cranberry                   requirements as a result of this action
                                                 exemption for fresh fruit sales.                        growers and handlers may be classified                 are necessary. Should any changes
                                                 Committee members stated that                           as small entities.                                     become necessary, they would be
                                                 automatically exempting fresh fruit from                   This proposal would revise the rules                submitted to OMB for approval.
                                                 the sales history calculation provides                  and regulations pertaining to the                         This action would not impose any
                                                 the grower with an inaccurate                           determination of sales history currently               additional reporting or recordkeeping
                                                 representation of their total sales.                    prescribed in § 929.149 of the order.                  requirements on either small or large
                                                 Further, the exclusion of fresh fruit                   There are two sales history calculations               cranberry handlers. As with all Federal
                                                 affects the industry’s total sales history,             under two separate sections of the order.              marketing order programs, reports and
                                                 which is used to determine the                          This action would clarify when the                     forms are periodically reviewed to
                                                 allotment percentage under a producer                   different methods for calculating sales                reduce information requirements and
                                                 allotment program. The Committee                        history would be used. It would also                   duplication by industry and public
Rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                 believes if any exemptions to future                    remove the exemption for fresh fruit                   sector agencies.
                                                 producer allotment calculations are                     from the calculation method found in                      AMS is committed to complying with
                                                 warranted, such exemptions should be                    § 929.149. These changes were                          the E-Government Act, to promote the
                                                 considered and recommended to USDA                      unanimously recommended by the                         use of the internet and other
                                                 as part of a proposed volume regulation.                Committee at meetings held on February                 information technologies to provide
                                                 Removing the fresh exemption                            10, and August 20, 2014. Authority for                 increased opportunities for citizen
                                                 provision from the alternative                          these changes is provided in § 929.48 of               access to Government information and
                                                 calculation would allow the Committee                   the order.                                             services, and for other purposes.


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                                                                        Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules                                              22433

                                                    In addition, USDA has not identified                 in effect’’ are added to the end of the                Email: Doris.Jamieson@ams.usda.gov or
                                                 any relevant Federal rules that                         introductory text, and paragraphs (e)                  Christian.Nissen@ams.usda.gov.
                                                 duplicate, overlap or conflict with this                and (f) are removed.
                                                                                                                                                                SUPPLEMENTARY INFORMATION:       Pursuant
                                                 proposed rule.                                            Dated: April 16, 2015.
                                                    Further, the Committee’s meetings                                                                           to Marketing Agreement and Order No.
                                                                                                         Rex A. Barnes,                                         929, as amended (7 CFR part 929),
                                                 were widely publicized throughout the
                                                 cranberry industry and all interested                   Associate Administrator, Agricultural                  hereinafter referred to as the ‘‘order,’’
                                                                                                         Marketing Service.                                     and the applicable provisions of the
                                                 persons were invited to attend the
                                                 meetings and participate in Committee                   [FR Doc. 2015–09291 Filed 4–21–15; 8:45 am]            Agricultural Marketing Agreement Act
                                                 deliberations on all issues. Like all                   BILLING CODE 3410–02–P                                 of 1937, as amended (7 U.S.C. 601–674),
                                                 Committee meetings, the February 10,                                                                           hereinafter referred to as the ‘‘Act,’’ it is
                                                 and August 20, 2014, meetings were                                                                             hereby directed that a referendum be
                                                                                                         DEPARTMENT OF AGRICULTURE                              conducted to ascertain whether
                                                 public meetings and all entities, both
                                                 large and small, were able to express                                                                          continuance of the order is favored by
                                                                                                         Agricultural Marketing Service                         the producers. The referendum shall be
                                                 views on this issue. Finally, interested
                                                 persons are invited to submit comments                                                                         conducted from May 4 through May 26,
                                                                                                         7 CFR Part 929                                         2015, among cranberry growers in the
                                                 on this proposed rule, including the
                                                 regulatory and informational impacts of                                                                        production area. Only cranberry
                                                                                                         [Docket No. AMS–FV–15–0014; FV15–929–
                                                 this action on small businesses.                        2]                                                     producers that were engaged in the
                                                    A small business guide on complying                                                                         production of cranberries, during the
                                                 with fruit, vegetable, and specialty crop               Cranberries Grown in States of                         period of September 1, 2013, through
                                                 marketing agreements and orders may                     Massachusetts, et. al.; Continuance                    August 31, 2014, may participate in the
                                                 be viewed at: http://www.ams.usda.gov/                  Referendum                                             continuance referendum.
                                                 MarketingOrdersSmallBusinessGuide.                                                                                USDA has determined that
                                                 Any questions about the compliance                      AGENCY:  Agricultural Marketing Service,
                                                                                                         USDA.                                                  continuance referenda are an effective
                                                 guide should be sent to Jeffrey Smutny                                                                         means for determining whether
                                                 at the previously mentioned address in                  ACTION: Referendum order.
                                                                                                                                                                producers favor the continuation of
                                                 the FOR FURTHER INFORMATION CONTACT                                                                            marketing order programs. USDA would
                                                 section.                                                SUMMARY:   This document directs that a
                                                                                                         referendum be conducted among                          terminate the order if less than 50
                                                    A 15-day comment period is provided                                                                         percent of the producers voting in the
                                                 to allow interested persons to respond                  eligible producers of cranberries grown
                                                                                                         in the states of Massachusetts, Rhode                  referendum and producers of less than
                                                 to this proposal. Fifteen days is deemed                                                                       50 percent of the volume of cranberries
                                                 appropriate because this proposed rule                  Island, Connecticut, New Jersey,
                                                                                                         Wisconsin, Michigan, Minnesota,                        represented in the referendum favor
                                                 would need to be in place as soon as                                                                           continuance.
                                                 possible as the Committee is beginning                  Oregon, Washington, and Long Island in
                                                 discussions regarding establishing a                    the State of New York, to determine                       In accordance with the Paperwork
                                                 producer allotment volume regulation                    whether they favor continuance of the                  Reduction Act of 1995 (44 U.S.C. 3501–
                                                 for the coming season. As such, it would                marketing order regulating the handling                3520), the ballot materials to be used in
                                                 be important to have these changes in                   of cranberries grown in the production                 the referendum have been submitted to
                                                 place as the Committee moves forward                    area.                                                  and approved by the Office of
                                                 with these discussions and potential                    DATES: The referendum will be                          Management and Budget (OMB) and
                                                 implementation. All written comments                    conducted from May 4 through May 26,                   have been assigned OMB No. 0581–
                                                 timely received will be considered                      2015. To vote in this referendum,                      0189, Generic Fruit Crops. It has been
                                                 before a final determination is made on                 producers must have produced                           estimated that it will take an average of
                                                 this matter.                                            cranberries within the designated                      20 minutes for each of the
                                                                                                         production area during the period                      approximately 1,300 producers of
                                                 List of Subjects in 7 CFR Part 929                      September 1, 2013, through August 31,                  cranberries to cast a ballot. Participation
                                                   Cranberries, Marketing agreements,                    2014.                                                  is voluntary. Ballots postmarked after
                                                 Reporting and recordkeeping                             ADDRESSES: Copies of the marketing                     May 26, 2015, will not be included in
                                                 requirements.                                           order may be obtained from the                         the vote tabulation.
                                                   For the reasons set forth in the                      referendum agents at 1124 First Street                    Doris Jamieson and Christian D.
                                                 preamble, 7 CFR part 929 is proposed to                 South, Winter Haven, FL 33880, or the                  Nissen of the Southeast Marketing Field
                                                 be amended as follows:                                  Office of the Docket Clerk, Marketing                  Office, Fruit and Vegetable Program,
                                                                                                         Order and Agreement Division, Fruit                    AMS, USDA, are hereby designated as
                                                 PART 929—CRANBERRIES GROWN IN                           and Vegetable Program, AMS, USDA,                      the referendum agents of the Secretary
                                                 THE STATES OF MASSACHUSETTS,                            1400 Independence Avenue SW., STOP                     of Agriculture to conduct this
                                                 RHODE ISLAND, CONNECTICUT, NEW                          0237, Washington, DC 20250–0237; Fax:                  referendum. The procedure applicable
                                                 JERSEY, WISCONSIN, MICHIGAN,                            (202) 720–8938; or Internet:                           to the referendum shall be the
                                                 MINNESOTA, OREGON,                                      www.regulations.gov.                                   ‘‘Procedure for the Conduct of
                                                 WASHINGTON, AND LONG ISLAND IN                                                                                 Referenda in Connection With
                                                 THE STATE OF NEW YORK                                   FOR FURTHER INFORMATION CONTACT:
Rmajette on DSK2VPTVN1PROD with PROPOSALS




                                                                                                         Doris Jamieson, Marketing Specialist, or               Marketing Orders for Fruits, Vegetables,
                                                 ■ 1. The authority citation for 7 CFR                   Christian D. Nissen, Regional Director,                and Nuts Pursuant to the Agricultural
                                                 part 929 continues to read as follows:                  Southeast Marketing Field Office,                      Marketing Agreement Act of 1937, as
                                                                                                         Marketing Order and Agreement                          Amended’’ (7 CFR 900.400–900.407).
                                                     Authority: 7 U.S.C. 601–674.
                                                                                                         Division, Fruit and Vegetable Program,                    Ballots will be mailed to all producers
                                                 § 929.149    [Amended]                                  AMS, USDA, 1124 First Street South,                    of record and may also be obtained from
                                                 ■ 2. In § 929.149, the words ‘‘when a                   Winter Haven, FL 33880; Telephone:                     the referendum agents, or from their
                                                 producer allotment volume regulation is                 (863) 324–3375, Fax: (863) 291–8614, or                appointees.


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Document Created: 2015-12-16 08:27:25
Document Modified: 2015-12-16 08:27:25
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by May 7, 2015.
ContactDoris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected]
FR Citation80 FR 22431 
CFR AssociatedCranberries; Marketing Agreements and Reporting and Recordkeeping Requirements

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