80_FR_37657 80 FR 37531 - Cranberries Grown in States of Massachusetts, et al.; Revising Determination of Sales History

80 FR 37531 - Cranberries Grown in States of Massachusetts, et al.; Revising Determination of Sales History

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 126 (July 1, 2015)

Page Range37531-37533
FR Document2015-16177

This rule implements 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 clarifies when the different methods for calculating sales history will be used. This action also removes the fresh fruit exemption from one of the calculations.

Federal Register, Volume 80 Issue 126 (Wednesday, July 1, 2015)
[Federal Register Volume 80, Number 126 (Wednesday, July 1, 2015)]
[Rules and Regulations]
[Pages 37531-37533]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16177]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules 
and Regulations

[[Page 37531]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

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


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule implements 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 clarifies when the different methods for 
calculating sales history will be used. This action also removes the 
fresh fruit exemption from one of the calculations.

DATES: Effective July 2, 2015.

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: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
    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: Jeffrey.Smutny@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This final rule 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 rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This 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 final rule clarifies when the 
different methods for calculating sales history will be used. This 
final rule also removes 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 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.

[[Page 37532]]

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 will 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 allows the Committee to determine, on an as-needed basis, 
whether or not volume regulation should apply to the fresh cranberry 
supply.

Final 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 final regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and 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 final rule revises 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 clarifies when the different methods 
for calculating sales history will be used. It also removes 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 will impose any additional 
costs on the industry. Each year, the Committee is required to 
calculate a sales history for each grower. This rule clarifies that the 
alternative sales history calculation method established under Sec.  
929.149 will only apply when a producer allotment regulation is being 
implemented. The calculation method found in Sec.  929.48 will be used 
when volume regulation is not being implemented.
    Removing the fresh exemption provision from the calculation found 
in Sec.  929.149 allows the Committee to determine, on an as-needed 
basis, whether or not volume regulation should apply to the fresh 
cranberry supply. It also provides growers, and the Committee, with a 
more accurate representation of their sales history. The benefits of 
this 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 will 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.
    As noted in the initial regulatory flexibility analysis, USDA has 
not identified any relevant Federal rules that duplicate, overlap or 
conflict with this final rule.
    In addition, 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.
    A proposed rule concerning this action was published in the Federal 
Register on April 22, 2015 (80 FR 22431). Copies of the rule were 
mailed or sent via facsimile to all Committee members and cranberry 
handlers. Finally, the rule was made available through the internet by 
USDA and the Office of the Federal Register. A 15-day comment period 
ending May 7, 2015, was provided to allow interested

[[Page 37533]]

persons to respond to the proposal. No comments were received. 
Accordingly, no changes will be made to the rule as proposed.
    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.
    After consideration of all relevant matter presented, including the 
information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    It is further found that good cause exists for not postponing the 
effective date of this rule until 30 days after publication in the 
Federal Register (5 U.S.C. 553) because the Committee is beginning 
discussions regarding establishing a producer allotment volume 
regulation for the coming season. As such, it is important to have 
these changes in place as the Committee moves forward with these 
discussions and potential implementation. Further, handlers are aware 
of this rule, which was recommended at a public meeting. Also, a 15-day 
comment period was provided for in the proposed rule.

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 
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: June 26, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-16177 Filed 6-30-15; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                             37531

                                            Rules and Regulations                                                                                          Federal Register
                                                                                                                                                           Vol. 80, No. 126

                                                                                                                                                           Wednesday, July 1, 2015



                                            This section of the FEDERAL REGISTER                    regulation by contacting Jeffrey Smutny,               recommended these changes at meetings
                                            contains regulatory documents having general            Marketing Order and Agreement                          held on February 10 and August 20,
                                            applicability and legal effect, most of which           Division, Fruit and Vegetable Program,                 2014.
                                            are keyed to and codified in the Code of                AMS, USDA, 1400 Independence                              The order provides authority for
                                            Federal Regulations, which is published under           Avenue SW., STOP 0237, Washington,                     volume control in the form of a
                                            50 titles pursuant to 44 U.S.C. 1510.
                                                                                                    DC 20250–0237; Telephone: (202) 720–                   producer allotment program. When in
                                            The Code of Federal Regulations is sold by              2491, Fax: (202) 720–8938, or Email:                   effect, this program limits the quantity
                                            the Superintendent of Documents. Prices of              Jeffrey.Smutny@ams.usda.gov.                           of cranberries that handlers may
                                            new books are listed in the first FEDERAL               SUPPLEMENTARY INFORMATION: This final                  purchase or handle on behalf of growers
                                            REGISTER issue of each week.                            rule is issued under Marketing                         in years of oversupply. Each year, prior
                                                                                                    Agreement and Order No. 929, as                        to determining if volume regulation is
                                                                                                    amended (7 CFR part 929), regulating                   needed, grower sales histories are
                                            DEPARTMENT OF AGRICULTURE                               the handling of cranberries grown in the               calculated. The sales history averages
                                                                                                    states of Massachusetts, Rhode Island,                 recent years’ sales data using
                                            Agricultural Marketing Service                                                                                 information submitted by each grower
                                                                                                    Connecticut, New Jersey, Wisconsin,
                                                                                                    Michigan, Minnesota, Oregon,                           on a production and eligibility report
                                            7 CFR Part 929                                                                                                 filed with the Committee. If the
                                                                                                    Washington, and Long Island in the
                                            [Doc. No. AMS–FV–14–0091; FV15–929–1                    State of New York, hereinafter referred                Committee determines that volume
                                            FR]                                                     to as the ‘‘order.’’ The order is effective            regulation is needed, a producer
                                                                                                    under the Agricultural Marketing                       allotment percentage is calculated. Each
                                            Cranberries Grown in States of                                                                                 grower’s allotment of cranberries
                                                                                                    Agreement Act of 1937, as amended (7
                                            Massachusetts, et al.; Revising                                                                                eligible for handling is then calculated
                                                                                                    U.S.C. 601–674), hereinafter referred to
                                            Determination of Sales History                                                                                 by multiplying the allotment percentage
                                                                                                    as the ‘‘Act.’’
                                            AGENCY:  Agricultural Marketing Service,                   The Department of Agriculture                       by the grower’s sales history.
                                            USDA.                                                   (USDA) is issuing this rule in                            Section 929.48 of the order contains
                                            ACTION: Final rule.                                     conformance with Executive Orders                      provisions for computing an annual
                                                                                                    12866, 13563, and 13175.                               grower sales history. Section 929.48 also
                                            SUMMARY:   This rule implements a                          This final rule has been reviewed                   provides that the Committee, with the
                                            recommendation from the Cranberry                       under Executive Order 12988, Civil                     approval of the Secretary, may establish
                                            Marketing Committee (Committee) to                      Justice Reform. This rule is not intended              alternative grower’s sales history
                                            revise the determination of sales history               to have retroactive effect.                            calculations as warranted. One such
                                            provisions currently prescribed under                      The Act provides that administrative                alternative calculation is established in
                                            the cranberry marketing order (order).                  proceedings must be exhausted before                   § 929.149. This alternative calculation
                                            The Committee, which consists of 13                     parties may file suit in court. Under                  supplements the calculation found in
                                            growers and 1 public member, locally                    section 608c(15)(A) of the Act, any                    § 929.48 by including an additional
                                            administers the order regulating the                    handler subject to an order may file                   sales history for growers with new and
                                            handling of cranberries grown in                        with USDA a petition stating that the                  renovated acreage. It also provides that
                                            Massachusetts, Rhode Island,                            order, any provision of the order, or any              the sales history be computed for
                                            Connecticut, New Jersey, Wisconsin,                     obligation imposed in connection with                  processed fruit only, with fresh fruit
                                            Michigan, Minnesota, Oregon,                            the order is not in accordance with law                sales deducted from the calculation. The
                                            Washington, and Long Island in the                      and request a modification of the order                alternative calculation method
                                            State of New York. Under the order,                     or to be exempted therefrom. A handler                 established in § 929.149 was developed
                                            there are two different sales history                   is afforded the opportunity for a hearing              for the 2001–02 marketing year, the last
                                            calculations that have been established                 on the petition. After the hearing, USDA               time volume regulation was
                                            for this program. This action clarifies                 would rule on the petition. The Act                    implemented, and was recently revised
                                            when the different methods for                          provides that the district court of the                so that it could be used for any season.
                                            calculating sales history will be used.                 United States in any district in which                    The Committee believes the
                                            This action also removes the fresh fruit                the handler is an inhabitant, or has his               provisions in the alternative sales
                                            exemption from one of the calculations.                 or her principal place of business, has                history calculation are beneficial and
                                            DATES: Effective July 2, 2015.                          jurisdiction to review USDA’s ruling on                provide equity to growers who have
                                            FOR FURTHER INFORMATION CONTACT:                        the petition, provided an action is filed              recently planted or renovated acreage.
                                            Doris Jamieson, Marketing Specialist, or                not later than 20 days after the date of               However, the alternative method for
                                            Christian D. Nissen, Regional Director,                 the entry of the ruling.                               calculating sales history requires
                                            Southeast Marketing Field Office,                          There are two sales history                         physical verification of the renovated or
                                            Marketing Order and Agreement                           calculations in effect under two separate              new acreage, thus resulting in
                                            Division, Fruit and Vegetable Program,                  sections of the order. This final rule                 additional costs to the Committee.
tkelley on DSK3SPTVN1PROD with RULES




                                            AMS, USDA; Telephone: (863) 324–                        clarifies when the different methods for               When considering the costs and the
                                            3375, Fax: (863) 291–8614, or Email:                    calculating sales history will be used.                benefits of both sales history calculation
                                            Doris.Jamieson@ams.usda.gov or                          This final rule also removes the                       methods, the Committee concluded that
                                            Christian.Nissen@ams.usda.gov.                          exemption for fresh fruit from the sales               the method in § 929.48 was adequate for
                                              Small businesses may request                          history calculation found in § 929.149.                annual calculations when volume
                                            information on complying with this                      The Committee unanimously                              regulation was not anticipated.


                                       VerDate Sep<11>2014   17:34 Jun 30, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\01JYR1.SGM   01JYR1


                                            37532             Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations

                                            However, due to the importance of a                        There are approximately 1,300                          The Committee considered the
                                            grower’s sales history in the                           cranberry growers in the regulated area                alternative of making no changes to the
                                            determination of that grower’s allotment                and approximately 45 cranberry                         rules and regulations pertaining to the
                                            during years of volume regulation, the                  handlers who are subject to regulation                 determination of sales history. However,
                                            inclusion of new and renovated acreage                  under the marketing order. Small                       the Committee recognized that this
                                            is paramount. Accordingly, the                          agricultural producers are defined by                  change would help the industry avoid
                                            Committee concluded that the sales                      the Small Business Administration                      the additional costs of acreage
                                            history calculation in § 929.149 should                 (SBA) as those having annual receipts of               verification in years when volume
                                            be used in all years when volume                        less than $750,000, and small                          regulation is not being implemented.
                                            regulation is anticipated.                              agricultural service firms are defined as              Also, the Committee agreed that the
                                               Consequently, at its February 10 and                 those having annual receipts of less than              current grower sales history tabulation
                                            August 20, 2014, meetings, the                          $7,000,000 (13 CFR 121.201).                           exempting fresh fruit was not
                                            Committee recommended that the                             According to industry and Committee                 representative of the actual sales.
                                            alternative calculation method found in                 data, grower prices ranged between $15                 Therefore, this alternative was rejected.
                                            § 929.149 only apply during times when                  and $47 per barrel for cranberries during                 In accordance with the Paperwork
                                            a producer allotment volume regulation                  the 2012–13 marketing year, and total                  Reduction Act of 1995 (44 U.S.C.
                                            is being implemented. When a producer                   sales were around 7.8 million barrels.                 Chapter 35), the order’s information
                                            allotment volume regulation is not being                Based on production data and grower                    collection requirements have been
                                            implemented, the Committee will                         prices, the average annual grower                      previously approved by the Office of
                                            calculate grower’s sales history                        revenue is below $750,000. Using                       Management and Budget (OMB) and
                                            according to the provisions provided in                 Committee information and shipment                     assigned OMB No. 0581–0189, Generic
                                            § 929.48 of the order.                                  data, 44 out of the 45 cranberry handlers              Fruit Crops. No changes in those
                                               The Committee also recommended                       could also be considered small                         requirements as a result of this action
                                            revising the alternative calculation                    businesses under SBA’s definition.                     are necessary. Should any changes
                                            method in § 929.149 by removing the                     Therefore, the majority of cranberry                   become necessary, they would be
                                            exemption for fresh fruit sales.                        growers and handlers may be classified                 submitted to OMB for approval.
                                            Committee members stated that                           as small entities.                                        This action will not impose any
                                            automatically exempting fresh fruit from                   This final rule revises the rules and               additional reporting or recordkeeping
                                            the sales history calculation provides                  regulations pertaining to the                          requirements on either small or large
                                            the grower with an inaccurate                           determination of sales history currently               cranberry handlers. As with all Federal
                                            representation of their total sales.                    prescribed in § 929.149 of the order.                  marketing order programs, reports and
                                            Further, the exclusion of fresh fruit                   There are two sales history calculations               forms are periodically reviewed to
                                            affects the industry’s total sales history,             under two separate sections of the order.              reduce information requirements and
                                            which is used to determine the                          This action clarifies when the different               duplication by industry and public
                                            allotment percentage under a producer                   methods for calculating sales history                  sector agencies.
                                            allotment program. The Committee                        will be used. It also removes the                         AMS is committed to complying with
                                            believes if any exemptions to future                    exemption for fresh fruit from the                     the E-Government Act, to promote the
                                            producer allotment calculations are                     calculation method found in § 929.149.                 use of the internet and other
                                            warranted, such exemptions should be                    These changes were unanimously                         information technologies to provide
                                            considered and recommended to USDA                      recommended by the Committee at                        increased opportunities for citizen
                                            as part of a proposed volume regulation.                meetings held on February 10 and                       access to Government information and
                                            Removing the fresh exemption                            August 20, 2014. Authority for these                   services, and for other purposes.
                                            provision from the alternative                          changes is provided in § 929.48 of the                    As noted in the initial regulatory
                                            calculation allows the Committee to                     order.                                                 flexibility analysis, USDA has not
                                            determine, on an as-needed basis,                          It is not anticipated that this action              identified any relevant Federal rules
                                            whether or not volume regulation                        will impose any additional costs on the                that duplicate, overlap or conflict with
                                            should apply to the fresh cranberry                     industry. Each year, the Committee is                  this final rule.
                                            supply.                                                 required to calculate a sales history for                 In addition, the Committee’s meetings
                                                                                                    each grower. This rule clarifies that the              were widely publicized throughout the
                                            Final Regulatory Flexibility Analysis                   alternative sales history calculation                  cranberry industry, and all interested
                                               Pursuant to requirements set forth in                method established under § 929.149 will                persons were invited to attend the
                                            the Regulatory Flexibility Act (RFA) (5                 only apply when a producer allotment                   meetings and participate in Committee
                                            U.S.C. 601–612), the Agricultural                       regulation is being implemented. The                   deliberations on all issues. Like all
                                            Marketing Service (AMS) has                             calculation method found in § 929.48                   Committee meetings, the February 10
                                            considered the economic impact of this                  will be used when volume regulation is                 and August 20, 2014, meetings were
                                            action on small entities. Accordingly,                  not being implemented.                                 public meetings, and all entities, both
                                            AMS has prepared this final regulatory                     Removing the fresh exemption                        large and small, were able to express
                                            flexibility analysis.                                   provision from the calculation found in                views on this issue.
                                               The purpose of the RFA is to fit                     § 929.149 allows the Committee to                         A proposed rule concerning this
                                            regulatory actions to the scale of                      determine, on an as-needed basis,                      action was published in the Federal
                                            businesses subject to such actions in                   whether or not volume regulation                       Register on April 22, 2015 (80 FR
                                            order that small businesses will not be                 should apply to the fresh cranberry                    22431). Copies of the rule were mailed
                                            unduly or disproportionately burdened.                  supply. It also provides growers, and the              or sent via facsimile to all Committee
tkelley on DSK3SPTVN1PROD with RULES




                                            Marketing orders issued pursuant to the                 Committee, with a more accurate                        members and cranberry handlers.
                                            Act, and rules issued thereunder, are                   representation of their sales history. The             Finally, the rule was made available
                                            unique in that they are brought about                   benefits of this rule are not expected to              through the internet by USDA and the
                                            through group action of essentially                     be disproportionately greater or lesser                Office of the Federal Register. A 15-day
                                            small entities acting on their own                      for small handlers or producers than for               comment period ending May 7, 2015,
                                            behalf.                                                 large entities.                                        was provided to allow interested


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                                                              Federal Register / Vol. 80, No. 126 / Wednesday, July 1, 2015 / Rules and Regulations                                           37533

                                            persons to respond to the proposal. No                    Dated: June 26, 2015.                                ‘‘order.’’ The order is effective under the
                                            comments were received. Accordingly,                    Rex A. Barnes,                                         Agricultural Marketing Agreement Act
                                            no changes will be made to the rule as                  Associate Administrator, Agricultural                  of 1937, as amended (7 U.S.C. 601–674),
                                            proposed.                                               Marketing Service.                                     hereinafter referred to as the ‘‘Act.’’
                                                                                                    [FR Doc. 2015–16177 Filed 6–30–15; 8:45 am]               The Department of Agriculture
                                               A small business guide on complying
                                                                                                                                                           (USDA) is issuing this rule in
                                            with fruit, vegetable, and specialty crop               BILLING CODE 3410–02–P
                                                                                                                                                           conformance with Executive Orders
                                            marketing agreements and orders may                                                                            12866, 13563, and 13175.
                                            be viewed at: http://www.ams.usda.gov/                                                                            This rule has been reviewed under
                                            MarketingOrdersSmallBusinessGuide.                      DEPARTMENT OF AGRICULTURE
                                                                                                                                                           Executive Order 12988, Civil Justice
                                            Any questions about the compliance                      Agricultural Marketing Service                         Reform. Under the marketing order now
                                            guide should be sent to Jeffrey Smutny                                                                         in effect, California olive handlers are
                                            at the previously mentioned address in                  7 CFR Part 932                                         subject to assessments. Funds to
                                            the FOR FURTHER INFORMATION CONTACT                                                                            administer the order are derived from
                                            section.                                                [Doc. No. AMS–FV–14–0105; FV15–932–1                   such assessments. It is intended that the
                                                                                                    FR]
                                               After consideration of all relevant                                                                         assessment rate issued herein will be
                                            matter presented, including the                         Olives Grown in California; Increased                  applicable to all assessable olives
                                            information and recommendation                          Assessment Rate                                        beginning on January 1, 2015, and
                                            submitted by the Committee and other                                                                           continue until amended, suspended, or
                                            available information, it is hereby found               AGENCY:  Agricultural Marketing Service,               terminated.
                                            that this rule, as hereinafter set forth,               USDA.                                                     The Act provides that administrative
                                            will tend to effectuate the declared                    ACTION: Final rule.                                    proceedings must be exhausted before
                                            policy of the Act.                                                                                             parties may file suit in court. Under
                                                                                                    SUMMARY:   This rule implements a                      section 608c(15)(A) of the Act, any
                                               It is further found that good cause                  recommendation from the California                     handler subject to an order may file
                                            exists for not postponing the effective                 Olive Committee (committee) for an                     with USDA a petition stating that the
                                            date of this rule until 30 days after                   increase of the assessment rate                        order, any provision of the order, or any
                                            publication in the Federal Register (5                  established for the 2015 and subsequent                obligation imposed in connection with
                                            U.S.C. 553) because the Committee is                    fiscal years from $15.21 to $26.00 per                 the order is not in accordance with law
                                            beginning discussions regarding                         assessable ton of olives handled. The                  and request a modification of the order
                                            establishing a producer allotment                       committee locally administers the                      or to be exempted therefrom. Such
                                            volume regulation for the coming                        marketing order and is comprised of                    handler is afforded the opportunity for
                                            season. As such, it is important to have                producers and handlers of olives grown                 a hearing on the petition. After the
                                            these changes in place as the Committee                 in California. Assessments upon olive                  hearing, USDA would rule on the
                                            moves forward with these discussions                    handlers are used by the committee to                  petition. The Act provides that the
                                            and potential implementation. Further,                  fund reasonable and necessary expenses                 district court of the United States in any
                                            handlers are aware of this rule, which                  of the program. The fiscal year begins                 district in which the handler is an
                                            was recommended at a public meeting.                    January 1 and ends December 31. The                    inhabitant, or has his or her principal
                                            Also, a 15-day comment period was                       assessment rate will remain in effect                  place of business, has jurisdiction to
                                            provided for in the proposed rule.                      indefinitely unless modified,                          review USDA’s ruling on the petition,
                                                                                                    suspended, or terminated.                              provided an action is filed not later than
                                            List of Subjects in 7 CFR Part 929                                                                             20 days after the date of the entry of the
                                                                                                    DATES: Effective July 2, 2015.
                                              Cranberries, Marketing agreements,                                                                           ruling.
                                                                                                    FOR FURTHER INFORMATION CONTACT:                          This rule increases the assessment
                                            Reporting and recordkeeping                             Terry Vawter, Senior Marketing
                                            requirements.                                                                                                  rate established for the committee for
                                                                                                    Specialist or Martin Engeler, Regional                 the 2015 and subsequent fiscal years
                                              For the reasons set forth in the                      Manager, California Marketing Field                    from $15.21 to $26.00 per ton of
                                            preamble, 7 CFR part 929 is amended as                  Office, Marketing Order and Agreement                  assessable olives.
                                            follows:                                                Division, Fruit and Vegetable Program,                    The California olive marketing order
                                                                                                    AMS, USDA; Telephone: (559) 487–                       provides authority for the committee,
                                            PART 929—CRANBERRIES GROWN IN                           5901, Fax: (559) 487–5906, or Email:                   with the approval of USDA, to formulate
                                            THE STATES OF MASSACHUSETTS,                            Terry.Vawter@ams.usda.gov or                           an annual budget of expenses and
                                            RHODE ISLAND, CONNECTICUT, NEW                          Martin.Engeler@ams.usda.gov.                           collect assessments from handlers to
                                            JERSEY, WISCONSIN, MICHIGAN,                               Small businesses may request                        administer the program. The members
                                            MINNESOTA, OREGON,                                      information on complying with this                     of the committee are producers and
                                            WASHINGTON, AND LONG ISLAND IN                          regulation by contacting Jeffrey Smutny,               handlers of California olives. They are
                                            THE STATE OF NEW YORK                                   Marketing Order and Agreement                          familiar with the committee’s needs and
                                                                                                    Division, Fruit and Vegetable Program,                 with the costs for goods and services in
                                            ■ 1. The authority citation for 7 CFR                   AMS, USDA, 1400 Independence                           their local area and are thus in a
                                            part 929 continues to read as follows:                  Avenue SW., STOP 0237, Washington,                     position to formulate an appropriate
                                                                                                    DC 20250–0237; Telephone: (202) 720–                   budget and assessment rate. The
                                                Authority: 7 U.S.C. 601–674.                        2491, Fax: (202) 720–8938, or Email:                   assessment rate is formulated and
                                            § 929.149    [Amended]
                                                                                                    Jeffrey.Smutny@ams.usda.gov.                           discussed in a public meeting. Thus, all
tkelley on DSK3SPTVN1PROD with RULES




                                                                                                    SUPPLEMENTARY INFORMATION: This rule                   directly affected persons have an
                                            ■ 2. In § 929.149, the words ‘‘when a                   is issued under Marketing Agreement                    opportunity to participate and provide
                                            producer allotment volume regulation is                 No. 148 and Order No. 932, both as                     input.
                                            in effect’’ are added to the end of the                 amended (7 CFR part 932), regulating                      For the 2014 and subsequent fiscal
                                            introductory text, and paragraphs (e)                   the handling of olives grown in                        years, the committee recommended, and
                                            and (f) are removed.                                    California, hereinafter referred to as the             USDA approved, an assessment rate that


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Document Created: 2015-12-15 13:20:05
Document Modified: 2015-12-15 13:20:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective July 2, 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 37531 
CFR AssociatedCranberries; Marketing Agreements and Reporting and Recordkeeping Requirements

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