81 FR 22511 - Tart Cherries Grown in the States of Michigan, et al.; Revision of Exemption Requirements
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 74 (April 18, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 74 (April 18, 2016)
| Page Range | 22511-22513 | |
| FR Document | 2016-08834 |
[Federal Register Volume 81, Number 74 (Monday, April 18, 2016)] [Rules and Regulations] [Pages 22511-22513] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-08834] ======================================================================== 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. ======================================================================== Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations [[Page 22511]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 930 [Doc. No. AMS-FV-15-0046; FV15-930-1 FIR] Tart Cherries Grown in the States of Michigan, et al.; Revision of Exemption Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule implementing a recommendation from the Cherry Industry Administrative Board (Board) that revised the exemption provisions under the marketing order for tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin (order). The Board locally administers the order and is comprised of growers and handlers operating within the production area. The interim rule changed the number of years that new market development and market expansion projects are eligible for handler diversion credit from one year to three years. The interim rule also revised the composition of the subcommittee which reviews exemption requests. These changes are intended to encourage handlers to participate in new market and market expansion activities to facilitate sales and help ensure impartiality during the review process. DATES: Effective April 19, 2016. FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected]. Small businesses may obtain information on complying with this and other marketing order regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops 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 final rule is issued under Marketing Order No. 930, as amended (7 CFR part 930), regulating the handling of tart cherries grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin, 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 continues in effect the provisions of the interim rule that revised the exemption provisions prescribed under the order. The interim rule changed the number of years that new market development and market expansion projects are eligible for handler diversion credit from one year to three years. The interim rule also revised the composition of the subcommittee which reviews exemption requests. These changes are intended to encourage the use of new market development and market expansion activities to facilitate sales and to help ensure impartiality during the review process. These changes were unanimously recommended by the Board at its meeting on June 25, 2015. Section 930.59 of the order authorizes handler diversion. When volume regulation is in effect, handlers may fulfill any restricted percentage requirement in full or in part by acquiring diversion certificates or by voluntarily diverting cherries or cherry products in a program approved by the Board, rather than placing cherries in an inventory reserve. Section 930.159 of the order's administrative rules specifies methods of handler diversion, including using cherries or cherry products for exempt purposes prescribed under Sec. 930.162. Section 930.162 establishes the terms and conditions of exemption that must be satisfied for handlers to receive diversion certificates for exempt uses. Section 930.162(b) defines the activities which qualify for exemptions under new market development and market expansion and the period for which they are eligible for diversion credit. New market development and market expansion activities include, but are not limited to, sales of cherries into markets that are not yet commercially established, product line extensions, or segmentation of markets along geographic or other definable characteristics. Section 930.162(d) establishes a Board-appointed subcommittee to review the applications for exemption or renewal of exemption and to either approve or deny the exemption. Prior to this change, this section specified that the subcommittee consist of three members, including the Board manager, or a Board member acting in the manager's stead, the public member, and one industry person who is not on the Board. The order provides for the use of volume regulation to stabilize prices and improve grower returns during periods of oversupply. At the beginning of each season, the Board examines production and sales data to determine whether a volume regulation is necessary and, if so, announces free and restricted percentages to limit the volume of tart cherries on the market. Free percentage cherries can be used to supply any available market, including domestic markets for pie filling, water packed, and frozen tart cherries. Restricted percentage cherries can be placed in reserve or be used to earn diversion credits as prescribed in Sec. Sec. 930.159 and 930.162 of the order's administrative rules. These activities include, in part, the development of new products, new market development and market expansion, the development of export markets, and charitable contributions. In 2012, the Board made a series of changes to the volume control [[Page 22512]] provisions to facilitate the marketing of tart cherries and to help lower restrictions during seasons when volume control is implemented. One of these changes was to decrease the number of years that new market development and market expansion projects are eligible for handler diversion credit from three years to one year. The Board thought this decrease would continue to encourage new market development and market expansion projects while reducing the impact these credits had on volume restriction calculations. At that time, new market and market expansion sales were not included in the average sales figure used to determine optimum supply for volume regulation. The Board anticipated the change would shift more volume to sales, helping to reduce the calculated surplus and lower the restricted percentage. In revisiting this change, the Board recognized that the underlying rationale for having reduced the duration of diversion credit for new market development and market expansion was no longer an issue. Since that change, the method for calculating average sales for the purpose of volume regulation has been adjusted so that only export sales are excluded from the average sales calculation. Consequently, all sales from market development and market expansion activities are now included as sales when calculating a restriction. Therefore, increasing the number of years new market development and market expansion projects are eligible to receive diversion credit from one year to three years will not significantly impact the calculations for free and restricted percentages. Further, since limiting these activities to one year, participation in new market development and market expansion activities has dropped dramatically. In years prior to changing from three years to one year, applications for new market activities numbered around 20 to 25 a season. During the 2014-15 season, the first season with volume regulation under the one-year limitation, applications dropped to eight. Handlers stated that it was not worth the time and effort to develop one of these projects if the benefit was only for a single year. It was reported that the shortened time frame did not allow handlers to recoup the resources needed to establish one of these projects. The Board affirmed its support for new market development and market expansion diversion credit programs. Accordingly, the Board voted unanimously to change the exemption provisions applicable to handler diversion activities by increasing the number of years that new market development and market expansion activities are eligible for diversion credit back to three years. The Board also noted that projects approved for the 2014-15 season would be allowed to continue and be subject to the new three-year cycle. This action also continues in effect a revision to the composition of the subcommittee appointed to review exemption applications. The subcommittee was formed to assist Board staff members in reviewing and granting exemptions. The subcommittee reviews applications to use restricted cherries for activities related to new product development, new market development and market expansion, the development of export markets, and for experimental purposes. Prior to this change, the previous provisions (Sec. 930.162(d)) stated that the subcommittee consists of the manager of the Board or a Board member acting in their stead, the public member, and one industry member who is not on the Board. The Board recommended changing the composition of the subcommittee to help ensure impartiality so that no one affiliated with a handler was part of the review process. Consequently, the Board recommended revising the subcommittee to consist of three members, all of whom are not affiliated with a handler but have industry knowledge. One of these members shall be the public member or the alternate public member, if available to serve. The subcommittee will also include a similarly qualified alternate should one of the other members be unable to serve. The Board made several other recommendations for changes to the regulations under the order at its June 25, 2015, meeting. These changes are being considered under a separate action. 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 600 producers of tart cherries in the regulated area and approximately 40 handlers of tart cherries who are subject to regulation under the 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 have been defined as those having annual receipts of less than $7,500,000 (13 CFR 121.201). According to the National Agricultural Statistics Service and Board data, the average annual grower price for tart cherries during the 2014-15 season was $0.35 per pound, and total utilization was around 300 million pounds. Therefore, average receipts for tart cherry producers were around $175,800, well below the SBA threshold for small producers. In 2014, The Food Institute estimated an f.o.b. price of $0.96 per pound for frozen tart cherries, which make up the majority of processed tart cherries. Using this data, average annual handler receipts were about $6.9 million, which is also below the SBA threshold for small agricultural service firms. Assuming a normal distribution, the majority of producers and handlers of tart cherries may be classified as small entities. This final rule continues in effect the action that revised Sec. 930.162 of the regulations regarding exemptions by changing the number of years that new market development and market expansion projects are eligible for handler diversion credit from one year to three years. This rule also continues in effect the revision to the composition of the subcommittee which reviews exemption requests. These changes are intended to encourage the use of new market development and market expansion activities to facilitate sales and to help ensure impartiality during the review process. The authority for these actions is provided in Sec. 930.59 of the order. It is not anticipated that this action will impose additional costs on handlers or growers, regardless of size. Rather, this should help handlers receive better returns on their new market development and market expansion projects by providing additional time for the handlers to receive diversion credit for those activities. This should provide more opportunity for them to recoup the time and resources required to establish these projects. In addition, changing the number of years that these projects are eligible for [[Page 22513]] diversion credits may provide additional incentive for handlers to develop these programs and may facilitate additional sales, which could improve returns for growers and handlers. Further, the Board does not believe that this change significantly impacts the calculations for free and restricted percentages. The change in composition of the subcommittee is administrative in nature and is not expected to result in any additional costs. This rule is expected to benefit the industry. The effects of this rule are not expected to be disproportionately greater or less for small handlers or producers than for larger entities. The Board discussed alternatives to these changes, including not changing the number of years that new market development and market expansion projects were eligible for diversion credit. The Board agreed that increasing the number of years that new market development and market expansion projects are eligible for diversion credit from one year to three years provides handlers with more incentive to utilize these programs while not impacting the calculations for free and restricted percentages. Another alternative considered was maintaining the previous composition of the subcommittee responsible for reviewing exemption requests. However, the Board wanted to specify that the subcommittee be composed of members who are not affiliated with any handler. Therefore, for the reasons mentioned above, these alternatives were 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. 0581-0177, (Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin). 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 rule will not impose any additional reporting or recordkeeping requirements on either small or large tart cherry 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. 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. Further, the public comment received concerning the proposal did not address the initial regulatory flexibility analysis. In addition, the Board's meeting was widely publicized throughout the tart cherry industry, and all interested persons were invited to attend and participate in Board deliberations on all issues. Like all Board meetings, the June 25, 2015, meeting was a public meeting, and all entities, both large and small, were able to express views on this issue. An interim rule concerning this action was published in the Federal Register on November 5, 2015, (80 FR 68424) and was effective November 6, 2015. Copies of the rule were sent via email to all Board members and tart cherry handlers. Finally, the rule was made available through the internet by USDA and the Office of the Federal Register. A 60-day comment period ending January 4, 2016, was provided to allow interested persons to respond to the proposal. One comment was received during the comment period in response to the interim rule. The commenter, a producer, supported part of the action but offered an alternative to the membership of the subcommittee. The commenter supported the expansion of handler diversion credits for new market development and market expansion projects from one year to three years. The commenter agreed with the Board's finding that it will encourage growth in the industry. Regarding the change to the membership of the approval subcommittee, the commenter suggested that membership should be further modified to include cherry growers that are not also handlers. However, the Board's intent in making the revision to the subcommittee requirements was, in part, to ensure impartiality. Consequently, the Board recommended that the subcommittee be composed of members who are not affiliated with any handler. Even growers who are not handlers themselves have a business relationship with the handlers to which they sell. The additional points in the comment were not relevant to the interim rule. Accordingly, no changes will be made to the interim rule, based on the comment received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change. To view the interim rule and the comment that was received, go to: http://www.regulations.gov/#!docketDetail;D=AMS-FV-15-0046. This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13175, and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (80 FR 68424, November 5, 2015) will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 930 Marketing agreements, Reporting and recordkeeping requirements, Tart cherries. 0 Accordingly, the interim rule that amended 7 CFR part 930 and that was published at 80 FR 68424 on November 5, 2015, is adopted as a final rule, without change. Dated: April 12, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-08834 Filed 4-15-16; 8:45 am] BILLING CODE 3410-02-P
![22511
Rules and Regulations Federal Register
Vol. 81, No. 74
Monday, April 18, 2016
This section of the FEDERAL REGISTER Division, Specialty Crops Program, Board, rather than placing cherries in an
contains regulatory documents having general AMS, USDA; Telephone: (863) 324– inventory reserve.
applicability and legal effect, most of which 3375, Fax: (863) 291–8614, or Email: Section 930.159 of the order’s
are keyed to and codified in the Code of Jennie.Varela@ams.usda.gov or administrative rules specifies methods
Federal Regulations, which is published under Christian.Nissen@ams.usda.gov. of handler diversion, including using
50 titles pursuant to 44 U.S.C. 1510.
Small businesses may obtain cherries or cherry products for exempt
The Code of Federal Regulations is sold by information on complying with this and purposes prescribed under § 930.162.
the Superintendent of Documents. Prices of other marketing order regulations by Section 930.162 establishes the terms
new books are listed in the first FEDERAL viewing a guide at the following Web and conditions of exemption that must
REGISTER issue of each week. site: http://www.ams.usda.gov/rules- be satisfied for handlers to receive
regulations/moa/small-businesses; or by diversion certificates for exempt uses.
contacting Antoinette Carter, Marketing Section 930.162(b) defines the activities
DEPARTMENT OF AGRICULTURE Order and Agreement Division, which qualify for exemptions under
Specialty Crops Program, AMS, USDA, new market development and market
Agricultural Marketing Service 1400 Independence Avenue SW., STOP expansion and the period for which
0237, Washington, DC 20250–0237; they are eligible for diversion credit.
7 CFR Part 930 Telephone: (202) 720–2491, Fax: (202) New market development and market
[Doc. No. AMS–FV–15–0046; FV15–930–1 720–8938, or Email: Antoinette.Carter@ expansion activities include, but are not
FIR] ams.usda.gov. limited to, sales of cherries into markets
SUPPLEMENTARY INFORMATION: This final that are not yet commercially
Tart Cherries Grown in the States of rule is issued under Marketing Order established, product line extensions, or
Michigan, et al.; Revision of Exemption No. 930, as amended (7 CFR part 930), segmentation of markets along
Requirements regulating the handling of tart cherries geographic or other definable
grown in the States of Michigan, New characteristics.
AGENCY: Agricultural Marketing Service,
York, Pennsylvania, Oregon, Utah, Section 930.162(d) establishes a
USDA.
Washington, and Wisconsin, hereinafter Board-appointed subcommittee to
ACTION: Affirmation of interim rule as review the applications for exemption
referred to as the ‘‘order.’’ The order is
final rule. effective under the Agricultural or renewal of exemption and to either
SUMMARY: The Department of Marketing Agreement Act of 1937, as approve or deny the exemption. Prior to
Agriculture (USDA) is adopting, as a amended (7 U.S.C. 601–674), hereinafter this change, this section specified that
final rule, without change, an interim referred to as the ‘‘Act.’’ the subcommittee consist of three
rule implementing a recommendation The Department of Agriculture members, including the Board manager,
from the Cherry Industry Administrative (USDA) is issuing this rule in or a Board member acting in the
Board (Board) that revised the conformance with Executive Orders manager’s stead, the public member,
exemption provisions under the 12866, 13563, and 13175. and one industry person who is not on
marketing order for tart cherries grown This final rule continues in effect the the Board.
in the States of Michigan, New York, provisions of the interim rule that The order provides for the use of
Pennsylvania, Oregon, Utah, revised the exemption provisions volume regulation to stabilize prices
Washington, and Wisconsin (order). The prescribed under the order. The interim and improve grower returns during
Board locally administers the order and rule changed the number of years that periods of oversupply. At the beginning
is comprised of growers and handlers new market development and market of each season, the Board examines
operating within the production area. expansion projects are eligible for production and sales data to determine
The interim rule changed the number of handler diversion credit from one year whether a volume regulation is
years that new market development and to three years. The interim rule also necessary and, if so, announces free and
market expansion projects are eligible revised the composition of the restricted percentages to limit the
for handler diversion credit from one subcommittee which reviews exemption volume of tart cherries on the market.
year to three years. The interim rule also requests. These changes are intended to Free percentage cherries can be used to
revised the composition of the encourage the use of new market supply any available market, including
subcommittee which reviews exemption development and market expansion domestic markets for pie filling, water
requests. These changes are intended to activities to facilitate sales and to help packed, and frozen tart cherries.
encourage handlers to participate in ensure impartiality during the review Restricted percentage cherries can be
new market and market expansion process. These changes were placed in reserve or be used to earn
activities to facilitate sales and help unanimously recommended by the diversion credits as prescribed in
ensure impartiality during the review Board at its meeting on June 25, 2015. §§ 930.159 and 930.162 of the order’s
process. Section 930.59 of the order authorizes administrative rules. These activities
mstockstill on DSK4VPTVN1PROD with RULES
handler diversion. When volume include, in part, the development of
DATES: Effective April 19, 2016. regulation is in effect, handlers may new products, new market development
FOR FURTHER INFORMATION CONTACT: fulfill any restricted percentage and market expansion, the development
Jennie M. Varela, Marketing Specialist, requirement in full or in part by of export markets, and charitable
or Christian D. Nissen, Regional acquiring diversion certificates or by contributions.
Director, Southeast Marketing Field voluntarily diverting cherries or cherry In 2012, the Board made a series of
Office, Marketing Order and Agreement products in a program approved by the changes to the volume control
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![Federal Register / Vol. 81, No. 74 / Monday, April 18, 2016 / Rules and Regulations 22513
diversion credits may provide that duplicate, overlap, or conflict with This action also affirms information
additional incentive for handlers to this final rule. Further, the public contained in the interim rule concerning
develop these programs and may comment received concerning the Executive Orders 12866, 12988, 13175,
facilitate additional sales, which could proposal did not address the initial and 13563; the Paperwork Reduction
improve returns for growers and regulatory flexibility analysis. Act (44 U.S.C. Chapter 35); and the E-
handlers. Further, the Board does not In addition, the Board’s meeting was Gov Act (44 U.S.C. 101).
believe that this change significantly widely publicized throughout the tart After consideration of all relevant
impacts the calculations for free and cherry industry, and all interested material presented, it is found that
restricted percentages. persons were invited to attend and finalizing the interim rule, without
The change in composition of the participate in Board deliberations on all change, as published in the Federal
subcommittee is administrative in issues. Like all Board meetings, the June Register (80 FR 68424, November 5,
nature and is not expected to result in 25, 2015, meeting was a public meeting, 2015) will tend to effectuate the
any additional costs. and all entities, both large and small, declared policy of the Act.
This rule is expected to benefit the were able to express views on this issue.
industry. The effects of this rule are not List of Subjects in 7 CFR Part 930
An interim rule concerning this action
expected to be disproportionately was published in the Federal Register Marketing agreements, Reporting and
greater or less for small handlers or on November 5, 2015, (80 FR 68424) recordkeeping requirements, Tart
producers than for larger entities. and was effective November 6, 2015. cherries.
The Board discussed alternatives to Copies of the rule were sent via email
these changes, including not changing ■ Accordingly, the interim rule that
to all Board members and tart cherry amended 7 CFR part 930 and that was
the number of years that new market
handlers. Finally, the rule was made published at 80 FR 68424 on November
development and market expansion
available through the internet by USDA 5, 2015, is adopted as a final rule,
projects were eligible for diversion
and the Office of the Federal Register. A without change.
credit. The Board agreed that increasing
60-day comment period ending January
the number of years that new market Dated: April 12, 2016.
4, 2016, was provided to allow
development and market expansion Elanor Starmer,
interested persons to respond to the
projects are eligible for diversion credit Administrator, Agricultural Marketing
proposal.
from one year to three years provides Service.
handlers with more incentive to utilize One comment was received during
the comment period in response to the [FR Doc. 2016–08834 Filed 4–15–16; 8:45 am]
these programs while not impacting the BILLING CODE 3410–02–P
calculations for free and restricted interim rule. The commenter, a
percentages. producer, supported part of the action
Another alternative considered was but offered an alternative to the
membership of the subcommittee. DEPARTMENT OF AGRICULTURE
maintaining the previous composition
of the subcommittee responsible for The commenter supported the Agricultural Marketing Service
reviewing exemption requests. expansion of handler diversion credits
However, the Board wanted to specify for new market development and market 7 CFR Part 1290
that the subcommittee be composed of expansion projects from one year to
three years. The commenter agreed with [Document No. AMS–TM–16–0004]
members who are not affiliated with any
handler. Therefore, for the reasons the Board’s finding that it will RIN 0581–AC59
mentioned above, these alternatives encourage growth in the industry.
were rejected. Regarding the change to the Specialty Crop Block Grant Program
In accordance with the Paperwork membership of the approval Regulation; Removal of a Final Rule
Reduction Act of 1995 (44 U.S.C. subcommittee, the commenter suggested
that membership should be further AGENCY: Agricultural Marketing Service.
Chapter 35), the order’s information
collection requirements have been modified to include cherry growers that ACTION: Final rule; removal.
previously approved by the Office of are not also handlers. However, the
SUMMARY: The Agricultural Marketing
Management and Budget (OMB) and Board’s intent in making the revision to
Service (AMS) is rescinding and
assigned OMB No. 0581–0177, (Tart the subcommittee requirements was, in
removing from the Code of Federal
Cherries Grown in the States of part, to ensure impartiality.
Regulations 7 CFR part 1290 entitled
Michigan, New York, Pennsylvania, Consequently, the Board recommended
‘‘Specialty Crop Block Grant Program’’
Oregon, Utah, Washington, and that the subcommittee be composed of
(SCBGP) in its entirety. This regulation
Wisconsin). No changes in those members who are not affiliated with any
implemented the SCBGP for the fiscal
requirements as a result of this action handler. Even growers who are not
years 2006 to 2008 and is now obsolete.
are necessary. Should any changes handlers themselves have a business
relationship with the handlers to which DATES: Effective April 19, 2016.
become necessary, they would be
submitted to OMB for approval. they sell. FOR FURTHER INFORMATION CONTACT:
This rule will not impose any The additional points in the comment Trista Etzig, Grants Division Director;
additional reporting or recordkeeping were not relevant to the interim rule. Telephone: (202) 720–8356; email:
requirements on either small or large Accordingly, no changes will be made Trista.Etzig@ams.usda.gov.
tart cherry handlers. As with all Federal to the interim rule, based on the SUPPLEMENTARY INFORMATION: SCBGP is
marketing order programs, reports and comment received. Therefore, for the authorized under the Specialty Crop
mstockstill on DSK4VPTVN1PROD with RULES
forms are periodically reviewed to reasons given in the interim rule, we are Competitiveness Act of 2004 (7 U.S.C.
reduce information requirements and adopting the interim rule as a final rule, 1621 note).
duplication by industry and public without change. AMS published 7 CFR part 1290, as
sector agencies. To view the interim rule and the a Final rule, in the Federal Register on
As noted in the initial regulatory comment that was received, go to: September 11, 2006 (71 FR 53307), to
flexibility analysis, USDA has not http://www.regulations.gov/#!docket establish regulations for SCBGP. SCBGP
identified any relevant Federal rules Detail;D=AMS-FV-15-0046. is a noncompetitive grant program that
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Document Created: 2016-04-16 01:45:32
Document Modified: 2016-04-16 01:45:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Affirmation of interim rule as final rule. | |
| Dates | Effective April 19, 2016. | |
| Contact | Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected] | |
| FR Citation | 81 FR 22511 | |
| CFR Associated | Marketing Agreements; Reporting and Recordkeeping Requirements and Tart Cherries |
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