81_FR_51533 81 FR 51383 - 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; Proposed Amendment to Marketing Order

81 FR 51383 - 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; Proposed Amendment to Marketing Order

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range51383-51386
FR Document2016-18115

This proposed rule invites comments on a proposed amendment to Marketing Orders, which regulates 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. The Cranberry Marketing Committee (Committee), which is responsible for the local administration of the order and is comprised of growers of cranberries operating within the production area, recommended adding authority to accept donations from domestic contributors. Contributed funds would be used solely for research and development activities authorized under the regulation of the order and would be free from any encumbrances as to their usage by the donor.

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Proposed Rules]
[Pages 51383-51386]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18115]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Doc. No. AMS-SC-16-0041; SC16-929-1 PR]


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; Proposed 
Amendment to Marketing Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: This proposed rule invites comments on a proposed amendment to 
Marketing Orders, which regulates 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. The Cranberry Marketing Committee (Committee), 
which is responsible for the local administration of the order and is 
comprised of growers of cranberries operating within the production 
area, recommended adding authority to accept donations from domestic 
contributors. Contributed funds would be used solely for research and 
development activities authorized under the regulation of the order and 
would be free from any encumbrances as to their usage by the donor.

DATES: Comments must be received by October 3, 2016.

ADDRESSES: Written comments should be submitted to the Docket Clerk, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA, 1400 Independence

[[Page 51384]]

Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; 
or Internet: http://www.regulations.gov. All comments should reference 
the document number and the date and page number of this issue of the 
Federal Register. All comments submitted in response to this proposed 
rule will be included in the record and will be made available for 
public inspection in the Office of the Docket Clerk during regular 
business hours, or can be viewed at: http://www.regulations.gov. Please 
be advised that the identity of the individuals or entities submitting 
the comments will be made public on the Internet at the address 
provided above.

FOR FURTHER INFORMATION CONTACT: Abdullah Orozco, Marketing Specialist, 
or Michelle P. Sharrow, Rulemaking Branch Chief, 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] or [email protected].
    Small businesses may request information on complying with this 
regulation 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 proposal is issued under Marketing 
Order and Agreement 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.'' Section 608c(17) of 
the Act and the applicable rules of practice and procedure governing 
the formulation of marketing agreements and orders (7 CFR part 900) 
authorizes amendment of the order through this informal rulemaking 
action. AMS will consider comments received in response to this rule, 
and based on all the information available, will determine if order 
amendment is warranted. If AMS determines amendment of the order is 
warranted, a subsequent proposed rule and referendum order would be 
issued, and producers of cranberries regulated within the production 
area would be allowed to vote for or against the proposed amendment. 
AMS would then issue a final rule effectuating the amendment if it is 
approved by producers in the referendum.
    The Department of Agriculture (USDA) is issuing this proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule shall not be deemed to preclude, preempt, or supersede any 
State program covering cranberries in the production area.
    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 no later than 20 days after the date of 
entry of the ruling.
    Section 1504 of the Food, Conservation, and Energy Act of 2008 
(2008 Farm Bill) (Pub. L. 110-246) amended section 18c(17) of the Act, 
which in turn required the addition of supplemental rules of practice 
to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of 
section 18c(17) of the Act and additional supplemental rules of 
practice authorize the use of informal rulemaking (5 U.S.C. 553) to 
amend Federal fruit, vegetable, and nut marketing agreements and 
orders. USDA may use informal rulemaking to amend marketing orders 
based on the nature and complexity of the proposed amendments, the 
potential regulatory and economic impacts on affected entities, and any 
other relevant matters.
    AMS has considered these factors and has determined that this 
proposed amendment is not unduly complex and its nature is appropriate 
for utilizing the informal rulemaking process to amend the order. A 
discussion of the potential regulatory and economic impacts on affected 
entities is discussed later in the ``Initial Regulatory Flexibility 
Analysis'' section of this rule.
    The proposed amendment was unanimously recommended by the Committee 
following deliberations at a public meeting held August 17-18, 2015. 
The proposed amendment would give the Committee authority to receive 
and expend voluntary contributions from domestic sources to fund 
production research, marketing research, and market development 
projects, including paid advertising, designed to assist, improve, or 
promote the marketing, distribution, consumption or efficient 
production of cranberries, as authorized under Sec.  929.45, Research 
and development.
    Currently, program operations are solely financed through 
assessments collected from handlers regulated under the order. Sources 
not subject to the order have expressed an interest in supporting many 
of the research and development projects currently funded by the order. 
However, without the ability to accept financial contributions, the 
Committee has had to decline these offers. This proposal would provide 
authority to accept financial contributions. With the potential for 
additional funding, more research and development projects could be 
undertaken.
    This proposal would add a new section, Sec.  929.43, Contributions, 
to the order. If implemented, this section would authorize the 
Committee to accept voluntary financial contributions. Such 
contributions could only be accepted from domestic sources and would be 
free from any encumbrances or restrictions on their use by the donor. 
When received, the Committee would retain complete control of their 
use. The use of contributed funds would be limited to funding program 
activities authorized under Sec.  929.45, Research and development.

Initial Regulatory Flexibility Analysis

    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing 
Service (AMS) has considered the economic impact of this action on 
small entities. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf.

[[Page 51385]]

    There are approximately 1,200 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 
$7,500,000 (13 CFR 121.201).
    According to the National Agricultural Statistics Service (NASS), 
grower prices were $30.90 per barrel for cranberries during the 2014-15 
marketing year. NASS also reported total bearing acres at 40,600 and 
average yield per acre at 10.3 tons for the 2014-15 marketing year.
    Based on the total bearing acres provided by NASS and the 
approximate number of cranberry growers (1,200 growers), the average 
acreage per grower is 33.8 acres. Multiplying the average acreage per 
grower (33.8 acres) by the average yield per acre (10.3 tons) results 
in an average production of 348.5 tons. To convert the average 
production from tons to barrels, 348.5 tons is multiplied by 2,000 
pounds (one ton equals 2,000 pounds) to equal 696,966.7 pounds and is 
then divided by 100 (100 pounds equals 1 barrel), resulting in an 
average production per growers of 6,969.7 barrels.
    Multiplying the average production (6,967.7 barrels) by the grower 
price ($30.90 per barrel), provided by NASS, equals an average grower 
revenue of $215,301.90. Based on this calculation, the average annual 
grower revenue for the 2014-15 marketing year was below $750,000.
    Using Committee information and shipment data, the majority of 
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 under SBA definitions.
    The amendment proposed by the Committee would add a new section, 
Sec.  929.43, Contributions, to the order. If implemented, this section 
would authorize the Committee to accept voluntary financial 
contributions. Such contributions could only be accepted from domestic 
sources and would be free from any encumbrances or restrictions on 
their use by the donor. When received, the Committee would retain 
complete control of their use. The use of contributed funds would be 
limited to funding program activities authorized under Sec.  929.45, 
Research and development.
    The Committee's proposed amendment was unanimously recommended at a 
public meeting on August 17-18, 2015. If the proposal is approved in 
referendum, there would be no direct financial effect on growers or 
handlers. This proposal would provide authority to accept additional 
funding. With the potential for additional funding, more research and 
promotional projects could be undertaken. Therefore, it is anticipated 
that both small and large producer and handler businesses would benefit 
from its implementation.

Paperwork Reduction Act

    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 would be necessary. 
Should any changes become necessary, they would be submitted to OMB for 
approval.
    This proposed rule would impose no 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.
    The Committee's meeting was widely publicized throughout the 
cranberry production area. All interested persons were invited to 
attend the meeting and encouraged to participate in Committee 
deliberations on all issues. Like all Committee meetings, the August 
17-18, 2015, meeting was public, and all entities, both large and 
small, were encouraged to express their views on these proposals. 
Finally, interested persons are invited to submit comments on the 
proposed amendments to the order, including comments on the regulatory 
and informational impacts of this action on small businesses.
    Following analysis of any comments received on the amendments 
proposed in this rule, AMS will evaluate all available information and 
determine whether to proceed. If appropriate, a proposed rule and 
referendum order would be issued, and producers would be provided the 
opportunity to vote for or against the proposed amendment. Information 
about the referendum, including dates and voter eligibility 
requirements, would be published in a future issue of the Federal 
Register. A final rule would then be issued to effectuate the 
amendment, if favored by producers participating in the referendum.
    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.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this action. A small business guide on 
complying with fruit, vegetable, and specialty crop marketing 
agreements and orders may be viewed at: https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance 
guide should be sent to Antoinette Carter at the previously mentioned 
address in the FOR FURTHER INFORMATION CONTACT section.

General Findings

    The findings hereinafter set forth are supplementary to the 
findings and determinations which were previously made in connection 
with the issuance of the marketing order; and all said previous 
findings and determinations are hereby ratified and affirmed, except 
insofar as such findings and determinations may be in conflict with the 
findings and determinations set forth herein.
    1. The marketing order as hereby proposed to be amended and all of 
the terms and conditions thereof, would tend to effectuate the declared 
policy of the Act;
    2. The marketing order as hereby proposed to be amended regulates 
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 in the 
same manner as, and is applicable only to, persons in the respective 
classes of commercial and industrial activity specified in the 
marketing order;
    3. The marketing order as hereby proposed to be amended is limited 
in application to the smallest regional production area which is 
practicable, consistent with carrying out the declared policy of the 
Act, and the issuance of several orders applicable to subdivisions of 
the production area would not effectively carry out the declared policy 
of the Act;
    4. The marketing order as hereby proposed to be amended prescribes, 
insofar as practicable, such different terms applicable to different 
parts of the production area as are necessary to give due recognition 
to the differences in the production and marketing of cranberries 
produced or handled in the production area; and

[[Page 51386]]

    5. All handling of cranberries produced in the production area as 
defined in the order is in the current of interstate or foreign 
commerce or directly burdens, obstructs, or affects such commerce.
    A 60-day comment period is provided to allow interested persons to 
respond to these proposals. Any comments received on the amendments 
proposed in this rule will be analyzed, and if AMS determines to 
proceed based on all the information presented, a producer referendum 
would be conducted to determine producer support for the proposed 
amendments. If appropriate, a final rule would then be issued to 
effectuate the amendment favored by producers participating in the 
referendum.

List of Subjects in 7 CFR Part 929

    Cranberries, Marketing agreements, Reporting and recordkeeping 
requirements.

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

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

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

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

0
2. Add a new Sec.  929.43 to read as follows:


Sec.  929.43  Contributions.

    The Committee may accept voluntary contributions to pay expenses 
incurred pursuant to Sec.  929.45, Research and development. Such 
contributions may only be accepted if they are sourced from domestic 
contributors and are free from any encumbrances or restrictions on 
their use by the donor. The Cranberry Marketing Committee shall retain 
complete control of their use.
* * * * *

    Dated: July 27, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-18115 Filed 8-3-16; 8:45 am]
 BILLING CODE 3410-02-P



                                                                        Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules                                                51383

                                                 refer to Docket No. APHIS–2016–0026.                    E-Government Act Compliance                           fruit in the consignment was inspected
                                                 Please send a copy of your comments to:                    The Animal and Plant Health                        and found free of Macrophoma
                                                 (1) APHIS, using one of the methods                     Inspection Service is committed to                    mangiferae and Xanthomonas
                                                 described under ADDRESSES at the                        compliance with the E-Government Act                  campestris pv. mangiferaeindicae and
                                                 beginning of this document, and (2)                     to promote the use of the Internet and                has been produced in accordance with
                                                 Clearance Officer, OCIO, USDA, Room                     other information technologies, to                    the requirements of the systems
                                                 404–W, 14th Street and Independence                     provide increased opportunities for                   approach in 7 CFR 319.56–76.
                                                 Avenue SW., Washington, DC 20250.                       citizen access to Government                            (e) The fruit is subject to inspection at
                                                    This action would allow for the                      information and services, and for other               the port of entry for all quarantine pests
                                                 importation of fresh mango fruit from                   purposes. For information pertinent to                of concern.
                                                 Vietnam while continuing to provide                     E-Government Act compliance related                     Done in Washington, DC, this 29th day of
                                                 protection against the introduction of                  to this proposed rule, please contact Ms.             July 2016.
                                                 plant pests into the continental United                 Kimberly Hardy, APHIS’ Information                    Kevin Shea,
                                                 States.                                                 Collection Coordinator, at (301) 851–                 Administrator, Animal and Plant Health
                                                    Implementing this rule will require                  2727.                                                 Inspection Service.
                                                 irradiation facility requirements,                                                                            [FR Doc. 2016–18439 Filed 8–3–16; 8:45 am]
                                                 orchard inspections, phytosanitary                      List of Subjects in 7 CFR Part 319
                                                                                                                                                               BILLING CODE 3410–34–P
                                                 treatments, port of entry inspections,                    Coffee, Cotton, Fruits, Imports, Logs,
                                                 and phytosanitary certificates.                         Nursery stock, Plant diseases and pests,
                                                    We are soliciting comments from the                  Quarantine, Reporting and                             DEPARTMENT OF AGRICULTURE
                                                 public (as well as affected agencies)                   recordkeeping requirements, Rice,
                                                 concerning our proposed information                     Vegetables.                                           Agricultural Marketing Service
                                                 collection and recordkeeping                              Accordingly, we propose to amend 7
                                                 requirements. These comments will                       CFR part 319 as follows:                              7 CFR Part 929
                                                 help us:
                                                                                                                                                               [Doc. No. AMS–SC–16–0041; SC16–929–1
                                                    (1) Evaluate whether the proposed                    PART 319—FOREIGN QUARANTINE                           PR]
                                                 information collection is necessary for                 NOTICES
                                                 the proper performance of our agency’s                                                                        Cranberries Grown in the States of
                                                 functions, including whether the                        ■ 1. The authority citation for part 319              Massachusetts, Rhode Island,
                                                 information will have practical utility;                continues to read as follows:                         Connecticut, New Jersey, Wisconsin,
                                                    (2) Evaluate the accuracy of our                       Authority: 7 U.S.C. 450, 7701–7772, and             Michigan, Minnesota, Oregon,
                                                 estimate of the burden of the proposed                  7781–7786; 21 U.S.C. 136 and 136a; 7 CFR              Washington, and Long Island in the
                                                 information collection, including the                   2.22, 2.80, and 371.3.                                State of New York; Proposed
                                                 validity of the methodology and                         ■   2. Add § 319.56–76 to read as follows:            Amendment to Marketing Order
                                                 assumptions used;
                                                    (3) Enhance the quality, utility, and                § 319.56–76       Fresh Mango from Vietnam.           AGENCY:  Agricultural Marketing Service,
                                                 clarity of the information to be                           Fresh mango (Mangifera indica L.)                  USDA.
                                                 collected; and                                          fruit may be imported into the                        ACTION: Proposed rule.
                                                    (4) Minimize the burden of the                       continental United States under the
                                                 information collection on those who are                                                                       SUMMARY:   This proposed rule invites
                                                                                                         following conditions:
                                                 to respond (such as through the use of                                                                        comments on a proposed amendment to
                                                                                                            (a) The fresh mango fruit may be
                                                 appropriate automated, electronic,                                                                            Marketing Orders, which regulates the
                                                                                                         imported in commercial consignments
                                                 mechanical, or other technological                                                                            handling of cranberries grown in the
                                                                                                         only.
                                                 collection techniques or other forms of                                                                       states of Massachusetts, Rhode Island,
                                                                                                            (b) The fresh mango fruit must be
                                                 information technology; e.g., permitting                                                                      Connecticut, New Jersey, Wisconsin,
                                                                                                         treated for plant pests of the class
                                                 electronic submission of responses).                                                                          Michigan, Minnesota, Oregon,
                                                                                                         Insecta, except pupae and adults of the
                                                    Estimate of burden: Public reporting                                                                       Washington, and Long Island in the
                                                                                                         order Lepidoptera, with irradiation in
                                                 burden for this collection of information                                                                     State of New York. The Cranberry
                                                                                                         accordance with part 305 of this
                                                 is estimated to average 0.02183 hours                                                                         Marketing Committee (Committee),
                                                                                                         chapter.
                                                 per response.                                              (c) The risks presented by                         which is responsible for the local
                                                    Respondents: Foreign businesses and                  Macrophoma mangiferae must be                         administration of the order and is
                                                 the NPPO of Vietnam.                                    addressed in one of the following ways:               comprised of growers of cranberries
                                                    Estimated annual number of                              (1) The mangoes are treated with a                 operating within the production area,
                                                 respondents: 2.                                         broad-spectrum post-harvest fungicidal                recommended adding authority to
                                                    Estimated annual number of                           dip; or                                               accept donations from domestic
                                                 responses per respondent: 6,617.                           (2) The orchard of origin is inspected             contributors. Contributed funds would
                                                    Estimated annual number of                           prior to the beginning of harvest and                 be used solely for research and
                                                 responses: 13,233.                                      found free of Macrophoma mangiferae;                  development activities authorized under
                                                    Estimated total annual burden on                     or                                                    the regulation of the order and would be
                                                 respondents: 289 hours. (Due to                            (3) Fruit must originate from an                   free from any encumbrances as to their
                                                                                                                                                               usage by the donor.
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 averaging, the total annual burden hours                orchard that was treated with a broad-
                                                 may not equal the product of the annual                 spectrum fungicide during the growing                 DATES: Comments must be received by
                                                 number of responses multiplied by the                   season.                                               October 3, 2016.
                                                 reporting burden per response.)                            (d) Each consignment of fresh mango                ADDRESSES: Written comments should
                                                    Copies of this information collection                fruit must be accompanied by a                        be submitted to the Docket Clerk,
                                                 can be obtained from Ms. Kimberly                       phytosanitary certificate issued by the               Marketing Order and Agreement
                                                 Hardy, APHIS’ Information Collection                    NPPO of Vietnam that contains an                      Division, Specialty Crops Program,
                                                 Coordinator, at (301) 851–2727.                         additional declaration stating that the               AMS, USDA, 1400 Independence


                                            VerDate Sep<11>2014   14:52 Aug 03, 2016   Jkt 238001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\04AUP1.SGM   04AUP1


                                                 51384                  Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules

                                                 Avenue SW., STOP 0237, Washington,                      within the production area would be                      The proposed amendment was
                                                 DC 20250–0237; Fax: (202) 720–8938; or                  allowed to vote for or against the                    unanimously recommended by the
                                                 Internet: http://www.regulations.gov. All               proposed amendment. AMS would then                    Committee following deliberations at a
                                                 comments should reference the                           issue a final rule effectuating the                   public meeting held August 17–18,
                                                 document number and the date and                        amendment if it is approved by                        2015. The proposed amendment would
                                                 page number of this issue of the Federal                producers in the referendum.                          give the Committee authority to receive
                                                 Register. All comments submitted in                        The Department of Agriculture                      and expend voluntary contributions
                                                 response to this proposed rule will be                  (USDA) is issuing this proposed rule in               from domestic sources to fund
                                                 included in the record and will be made                 conformance with Executive Orders                     production research, marketing
                                                 available for public inspection in the                  12866, 13563, and 13175.                              research, and market development
                                                 Office of the Docket Clerk during regular                  This proposal has been reviewed                    projects, including paid advertising,
                                                 business hours, or can be viewed at:                    under Executive Order 12988, Civil                    designed to assist, improve, or promote
                                                 http://www.regulations.gov. Please be                   Justice Reform. This rule is not intended             the marketing, distribution,
                                                 advised that the identity of the                        to have retroactive effect. This rule shall           consumption or efficient production of
                                                 individuals or entities submitting the                  not be deemed to preclude, preempt, or                cranberries, as authorized under
                                                 comments will be made public on the                     supersede any State program covering                  § 929.45, Research and development.
                                                 Internet at the address provided above.                 cranberries in the production area.                      Currently, program operations are
                                                                                                            The Act provides that administrative               solely financed through assessments
                                                 FOR FURTHER INFORMATION CONTACT:
                                                                                                         proceedings must be exhausted before                  collected from handlers regulated under
                                                 Abdullah Orozco, Marketing Specialist,
                                                                                                         parties may file suit in court. Under                 the order. Sources not subject to the
                                                 or Michelle P. Sharrow, Rulemaking
                                                                                                         section 608c(15)(A) of the Act, any                   order have expressed an interest in
                                                 Branch Chief, Marketing Order and                       handler subject to an order may file
                                                 Agreement Division, Specialty Crops                                                                           supporting many of the research and
                                                                                                         with USDA a petition stating that the                 development projects currently funded
                                                 Program, AMS, USDA, 1400                                order, any provision of the order, or any
                                                 Independence Avenue SW., Stop 0237,                                                                           by the order. However, without the
                                                                                                         obligation imposed in connection with                 ability to accept financial contributions,
                                                 Washington, DC 20250–0237;                              the order is not in accordance with law               the Committee has had to decline these
                                                 Telephone: (202) 720–2491, Fax: (202)                   and request a modification of the order               offers. This proposal would provide
                                                 720–8938, or Email: Abdullah.Orozco@                    or to be exempted therefrom. A handler                authority to accept financial
                                                 ams.usda.gov or Michelle.Sharrow@                       is afforded the opportunity for a hearing             contributions. With the potential for
                                                 ams.usda.gov.                                           on the petition. After the hearing, USDA
                                                   Small businesses may request                                                                                additional funding, more research and
                                                                                                         would rule on the petition. The Act                   development projects could be
                                                 information on complying with this                      provides that the district court of the
                                                 regulation by contacting Antoinette                                                                           undertaken.
                                                                                                         United States in any district in which                   This proposal would add a new
                                                 Carter, Marketing Order and Agreement                   the handler is an inhabitant, or has his              section, § 929.43, Contributions, to the
                                                 Division, Specialty Crops Program,                      or her principal place of business, has               order. If implemented, this section
                                                 AMS, USDA, 1400 Independence                            jurisdiction to review USDA’s ruling on               would authorize the Committee to
                                                 Avenue SW., STOP 0237, Washington,                      the petition, provided an action is filed             accept voluntary financial
                                                 DC 20250–0237; Telephone: (202) 720–                    no later than 20 days after the date of               contributions. Such contributions could
                                                 2491, Fax: (202) 720–8938, or Email:                    entry of the ruling.                                  only be accepted from domestic sources
                                                 Antoinette.Carter@ams.usda.gov.                            Section 1504 of the Food,                          and would be free from any
                                                 SUPPLEMENTARY INFORMATION: This                         Conservation, and Energy Act of 2008                  encumbrances or restrictions on their
                                                 proposal is issued under Marketing                      (2008 Farm Bill) (Pub. L. 110–246)                    use by the donor. When received, the
                                                 Order and Agreement No. 929, as                         amended section 18c(17) of the Act,                   Committee would retain complete
                                                 amended (7 CFR part 929), regulating                    which in turn required the addition of                control of their use. The use of
                                                 the handling of cranberries grown in the                supplemental rules of practice to 7 CFR               contributed funds would be limited to
                                                 states of Massachusetts, Rhode Island,                  part 900 (73 FR 49307; August 21,                     funding program activities authorized
                                                 Connecticut, New Jersey, Wisconsin,                     2008). The amendment of section                       under § 929.45, Research and
                                                 Michigan, Minnesota, Oregon,                            18c(17) of the Act and additional                     development.
                                                 Washington, and Long Island in the                      supplemental rules of practice authorize
                                                 State of New York, hereinafter referred                 the use of informal rulemaking (5 U.S.C.              Initial Regulatory Flexibility Analysis
                                                 to as the ‘‘order.’’ The order is effective             553) to amend Federal fruit, vegetable,                  Pursuant to the requirements set forth
                                                 under the Agricultural Marketing                        and nut marketing agreements and                      in the Regulatory Flexibility Act (RFA)
                                                 Agreement Act of 1937, as amended (7                    orders. USDA may use informal                         (5 U.S.C. 601–612), the Agricultural
                                                 U.S.C. 601–674), hereinafter referred to                rulemaking to amend marketing orders                  Marketing Service (AMS) has
                                                 as the ‘‘Act.’’ Section 608c(17) of the Act             based on the nature and complexity of                 considered the economic impact of this
                                                 and the applicable rules of practice and                the proposed amendments, the potential                action on small entities. Accordingly,
                                                 procedure governing the formulation of                  regulatory and economic impacts on                    AMS has prepared this initial regulatory
                                                 marketing agreements and orders (7 CFR                  affected entities, and any other relevant             flexibility analysis.
                                                 part 900) authorizes amendment of the                   matters.                                                 The purpose of the RFA is to fit
                                                 order through this informal rulemaking                     AMS has considered these factors and               regulatory actions to the scale of
                                                 action. AMS will consider comments                      has determined that this proposed                     businesses subject to such actions in
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                                                 received in response to this rule, and                  amendment is not unduly complex and                   order that small businesses will not be
                                                 based on all the information available,                 its nature is appropriate for utilizing the           unduly or disproportionately burdened.
                                                 will determine if order amendment is                    informal rulemaking process to amend                  Marketing orders issued pursuant to the
                                                 warranted. If AMS determines                            the order. A discussion of the potential              Act, and rules issued thereunder, are
                                                 amendment of the order is warranted, a                  regulatory and economic impacts on                    unique in that they are brought about
                                                 subsequent proposed rule and                            affected entities is discussed later in the           through group action of essentially
                                                 referendum order would be issued, and                   ‘‘Initial Regulatory Flexibility Analysis’’           small entities acting on their own
                                                 producers of cranberries regulated                      section of this rule.                                 behalf.


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                                                                        Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules                                          51385

                                                    There are approximately 1,200                        recommended at a public meeting on                       AMS is committed to complying with
                                                 cranberry growers in the regulated area                 August 17–18, 2015. If the proposal is                the E-Government Act to promote the
                                                 and approximately 45 cranberry                          approved in referendum, there would be                use of the internet and other
                                                 handlers who are subject to regulation                  no direct financial effect on growers or              information technologies, to provide
                                                 under the marketing order. Small                        handlers. This proposal would provide                 increased opportunities for citizen
                                                 agricultural producers are defined by                   authority to accept additional funding.               access to Government information and
                                                 the Small Business Administration                       With the potential for additional                     services, and for other purposes.
                                                 (SBA) as those having annual receipts of                funding, more research and promotional                   USDA has not identified any relevant
                                                 less than $750,000, and small                           projects could be undertaken. Therefore,              Federal rules that duplicate, overlap, or
                                                 agricultural service firms are defined as               it is anticipated that both small and                 conflict with this action. A small
                                                 those having annual receipts of less than               large producer and handler businesses                 business guide on complying with fruit,
                                                 $7,500,000 (13 CFR 121.201).                            would benefit from its implementation.                vegetable, and specialty crop marketing
                                                    According to the National                                                                                  agreements and orders may be viewed
                                                 Agricultural Statistics Service (NASS),                 Paperwork Reduction Act                               at: https://www.ams.usda.gov/rules-
                                                 grower prices were $30.90 per barrel for                   In accordance with the Paperwork                   regulations/moa/small-businesses. Any
                                                 cranberries during the 2014–15                          Reduction Act of 1995 (44 U.S.C.                      questions about the compliance guide
                                                 marketing year. NASS also reported                      Chapter 35), the order’s information                  should be sent to Antoinette Carter at
                                                 total bearing acres at 40,600 and average               collection requirements have been                     the previously mentioned address in the
                                                 yield per acre at 10.3 tons for the 2014–               previously approved by the Office of                  FOR FURTHER INFORMATION CONTACT
                                                 15 marketing year.                                      Management and Budget (OMB) and                       section.
                                                    Based on the total bearing acres                     assigned OMB No. 0581–0189, ‘‘Generic
                                                 provided by NASS and the approximate                                                                          General Findings
                                                                                                         Fruit Crops.’’ No changes in those
                                                 number of cranberry growers (1,200                      requirements as a result of this action                  The findings hereinafter set forth are
                                                 growers), the average acreage per grower                would be necessary. Should any                        supplementary to the findings and
                                                 is 33.8 acres. Multiplying the average                                                                        determinations which were previously
                                                                                                         changes become necessary, they would
                                                 acreage per grower (33.8 acres) by the                                                                        made in connection with the issuance of
                                                                                                         be submitted to OMB for approval.
                                                 average yield per acre (10.3 tons) results                                                                    the marketing order; and all said
                                                                                                            This proposed rule would impose no
                                                 in an average production of 348.5 tons.                                                                       previous findings and determinations
                                                                                                         additional reporting or recordkeeping
                                                 To convert the average production from                                                                        are hereby ratified and affirmed, except
                                                                                                         requirements on either small or large
                                                 tons to barrels, 348.5 tons is multiplied                                                                     insofar as such findings and
                                                                                                         cranberry handlers. As with all Federal
                                                 by 2,000 pounds (one ton equals 2,000                                                                         determinations may be in conflict with
                                                                                                         marketing order programs, reports and
                                                 pounds) to equal 696,966.7 pounds and                                                                         the findings and determinations set
                                                                                                         forms are periodically reviewed to
                                                 is then divided by 100 (100 pounds                                                                            forth herein.
                                                                                                         reduce information requirements and                      1. The marketing order as hereby
                                                 equals 1 barrel), resulting in an average
                                                                                                         duplication by industry and public                    proposed to be amended and all of the
                                                 production per growers of 6,969.7
                                                                                                         sector agencies.                                      terms and conditions thereof, would
                                                 barrels.
                                                    Multiplying the average production                      The Committee’s meeting was widely                 tend to effectuate the declared policy of
                                                 (6,967.7 barrels) by the grower price                   publicized throughout the cranberry                   the Act;
                                                 ($30.90 per barrel), provided by NASS,                  production area. All interested persons                  2. The marketing order as hereby
                                                 equals an average grower revenue of                     were invited to attend the meeting and                proposed to be amended regulates the
                                                 $215,301.90. Based on this calculation,                 encouraged to participate in Committee                handling of cranberries grown in the
                                                 the average annual grower revenue for                   deliberations on all issues. Like all                 states of Massachusetts, Rhode Island,
                                                 the 2014–15 marketing year was below                    Committee meetings, the August 17–18,                 Connecticut, New Jersey, Wisconsin,
                                                 $750,000.                                               2015, meeting was public, and all                     Michigan, Minnesota, Oregon,
                                                    Using Committee information and                      entities, both large and small, were                  Washington, and Long Island in the
                                                 shipment data, the majority of cranberry                encouraged to express their views on                  State of New York in the same manner
                                                 handlers could also be considered small                 these proposals. Finally, interested                  as, and is applicable only to, persons in
                                                 businesses under SBA’s definition.                      persons are invited to submit comments                the respective classes of commercial and
                                                 Therefore, the majority of cranberry                    on the proposed amendments to the                     industrial activity specified in the
                                                 growers and handlers may be classified                  order, including comments on the                      marketing order;
                                                 as small entities under SBA definitions.                regulatory and informational impacts of                  3. The marketing order as hereby
                                                    The amendment proposed by the                        this action on small businesses.                      proposed to be amended is limited in
                                                 Committee would add a new section,                         Following analysis of any comments                 application to the smallest regional
                                                 § 929.43, Contributions, to the order. If               received on the amendments proposed                   production area which is practicable,
                                                 implemented, this section would                         in this rule, AMS will evaluate all                   consistent with carrying out the
                                                 authorize the Committee to accept                       available information and determine                   declared policy of the Act, and the
                                                 voluntary financial contributions. Such                 whether to proceed. If appropriate, a                 issuance of several orders applicable to
                                                 contributions could only be accepted                    proposed rule and referendum order                    subdivisions of the production area
                                                 from domestic sources and would be                      would be issued, and producers would                  would not effectively carry out the
                                                 free from any encumbrances or                           be provided the opportunity to vote for               declared policy of the Act;
                                                 restrictions on their use by the donor.                 or against the proposed amendment.                       4. The marketing order as hereby
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                                                 When received, the Committee would                      Information about the referendum,                     proposed to be amended prescribes,
                                                 retain complete control of their use. The               including dates and voter eligibility                 insofar as practicable, such different
                                                 use of contributed funds would be                       requirements, would be published in a                 terms applicable to different parts of the
                                                 limited to funding program activities                   future issue of the Federal Register. A               production area as are necessary to give
                                                 authorized under § 929.45, Research and                 final rule would then be issued to                    due recognition to the differences in the
                                                 development.                                            effectuate the amendment, if favored by               production and marketing of cranberries
                                                    The Committee’s proposed                             producers participating in the                        produced or handled in the production
                                                 amendment was unanimously                               referendum.                                           area; and


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                                                 51386                  Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules

                                                    5. All handling of cranberries                       DEPARTMENT OF AGRICULTURE                             3A–03.8, 4700 River Road, Unit 118,
                                                 produced in the production area as                                                                            Riverdale, MD 20737–1238.
                                                 defined in the order is in the current of               Animal and Plant Health Inspection                      Supporting documents and any
                                                 interstate or foreign commerce or                       Service                                               comments we receive on this docket
                                                 directly burdens, obstructs, or affects                                                                       may be viewed at http://
                                                 such commerce.                                          9 CFR Parts 1, 2, and 3                               www.regulations.gov/
                                                                                                         [Docket No. APHIS–2014–0059]                          #!docketDetail;D=APHIS-2014-0059 or
                                                    A 60-day comment period is provided
                                                                                                                                                               in our reading room, which is located in
                                                 to allow interested persons to respond                  RIN 0579–AD99                                         room 1141 of the USDA South Building,
                                                 to these proposals. Any comments                                                                              14th Street and Independence Avenue
                                                 received on the amendments proposed                     Thresholds for De Minimis Activity and                SW., Washington, DC. Normal reading
                                                 in this rule will be analyzed, and if                   Exemptions From Licensing Under the                   room hours are 8 a.m. to 4:30 p.m.,
                                                 AMS determines to proceed based on all                  Animal Welfare Act                                    Monday through Friday, except
                                                 the information presented, a producer                   AGENCY:  Animal and Plant Health                      holidays. To be sure someone is there to
                                                 referendum would be conducted to                        Inspection Service, USDA.                             help you, please call (202) 799–7039
                                                 determine producer support for the                      ACTION: Proposed rule.                                before coming.
                                                 proposed amendments. If appropriate, a                                                                        FOR FURTHER INFORMATION CONTACT: Dr.
                                                 final rule would then be issued to                      SUMMARY:   We are proposing to amend                  Kay Carter-Corker, DVM, Director,
                                                 effectuate the amendment favored by                     the Animal Welfare Act (AWA)                          National Policy Staff, USDA-APHIS-
                                                 producers participating in the                          regulations in response to a 2014 Farm                Animal Care, 4700 River Road, Unit 84,
                                                 referendum.                                             Bill amendment to the Act that provides               Riverdale, MD 20737; (301) 851–3748.
                                                                                                         the Secretary of Agriculture with the                 SUPPLEMENTARY INFORMATION:
                                                 List of Subjects in 7 CFR Part 929                      authority to determine that animal
                                                                                                         dealers and exhibitors are not required               Background
                                                   Cranberries, Marketing agreements,
                                                 Reporting and recordkeeping                             to obtain a license under the Act and                    Under the Animal Welfare Act (AWA
                                                                                                         regulations if the size of the business               or the Act, 7 U.S.C. 2131 et seq.), the
                                                 requirements.
                                                                                                         conducting AWA-related activities is                  Secretary of Agriculture is authorized to
                                                   For the reasons set forth in the                      determined to be de minimis by the                    promulgate standards and other
                                                 preamble, 7 CFR part 929 is proposed to                 Secretary. The Animal and Plant Health                requirements governing the humane
                                                 be amended as follows:                                  Inspection Service has reviewed past                  handling, care, treatment, and
                                                                                                         compliance with the Animal Welfare                    transportation of certain animals by
                                                 PART 929—CRANBERRIES GROWN IN                           Act of currently-regulated facilities and             dealers, research facilities, exhibitors,
                                                 THE STATES OF MASSACHUSETTS,                            has determined that de minimis                        operators of auction sales, and carriers
                                                 RHODE ISLAND, CONNECTICUT, NEW                          businesses, as defined in the rule are                and intermediate handlers. The
                                                 JERSEY, WISCONSIN, MICHIGAN,                            capable of providing adequate care and                Secretary has delegated responsibility
                                                 MINNESOTA, OREGON,                                      treatment of the animals involved in                  for administering the AWA to the
                                                 WASHINGTON, AND LONG ISLAND IN                          regulated business activities. We also                Administrator of U.S. Department of
                                                 THE STATE OF NEW YORK                                   propose amending the regulations in                   Agriculture’s Animal and Plant Health
                                                                                                         response to a 2013 amendment to the                   Inspection Service (APHIS). Within
                                                 ■ 1. The authority citation for 7 CFR                   Act that excludes from the definition of              APHIS, the responsibility for
                                                 part 929 continues to read as follows:                  ‘‘exhibitor’’ some owners of household                administering the AWA has been
                                                                                                         pets that are exhibited occasionally,                 delegated to the Deputy Administrator
                                                     Authority: 7 U.S.C. 601–674.                        generate less than a substantial portion              for Animal Care. Regulations and
                                                 ■ 2. Add a new § 929.43 to read as                      of income, and reside exclusively with                standards established under the AWA
                                                                                                         the owner. Dealers and exhibitors                     are contained in the Code of Federal
                                                 follows:
                                                                                                         operating at or below the thresholds                  Regulations (CFR) in 9 CFR parts 1, 2,
                                                 § 929.43   Contributions.                               determined for their particular AWA-                  and 3 (referred to below as the
                                                                                                         related business activity would be                    regulations). Part 1 contains definitions
                                                    The Committee may accept voluntary                   exempted from Federal licensing                       for terms used in parts 2 and 3; part 2
                                                 contributions to pay expenses incurred                  requirements established under the Act                provides administrative requirements
                                                 pursuant to § 929.45, Research and                      and regulations. Our proposed actions                 and sets forth institutional
                                                 development. Such contributions may                     would amend the regulations to be                     responsibilities for regulated parties;
                                                 only be accepted if they are sourced                    consistent with the Act while                         and part 3 contains specifications for
                                                 from domestic contributors and are free                 continuing to ensure the humane care                  the humane handling, care, treatment,
                                                 from any encumbrances or restrictions                   and treatment of animals covered under                and transportation of animals covered
                                                 on their use by the donor. The                          the AWA.                                              by the AWA.
                                                 Cranberry Marketing Committee shall                     DATES: We will consider all comments                     The AWA seeks to ensure the humane
                                                 retain complete control of their use.                   that we receive on or before November                 handling, care, treatment, and
                                                 *     *    *     *     *                                2, 2016.                                              transportation of animals intended for
                                                                                                         ADDRESSES: You may submit comments                    use by dealers, research facilities, and
                                                   Dated: July 27, 2016.
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                                                                                                         by any of the following methods:                      exhibitors, operators of auction sales,
                                                 Elanor Starmer,
                                                                                                            • Federal eRulemaking Portal: Go to                and carriers and intermediate handlers.
                                                 Administrator, Agricultural Marketing                   http://www.regulations.gov/                           Dealers (including breeders meeting the
                                                 Service.                                                #!docketDetail;D=APHIS-2014-0059.                     definition of ‘‘dealer’’) and exhibitors of
                                                 [FR Doc. 2016–18115 Filed 8–3–16; 8:45 am]                 • Postal Mail/Commercial Delivery:                 such animals must obtain licenses and
                                                 BILLING CODE 3410–02–P                                  Send your comment to Docket No.                       comply with AWA regulations and
                                                                                                         APHIS–2014–0059, Regulatory Analysis                  standards, and their facilities are
                                                                                                         and Development, PPD, APHIS, Station                  inspected by APHIS for compliance.


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Document Created: 2016-08-04 02:53:09
Document Modified: 2016-08-04 02:53:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by October 3, 2016.
ContactAbdullah Orozco, Marketing Specialist, or Michelle P. Sharrow, Rulemaking Branch Chief, 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] or [email protected]
FR Citation81 FR 51383 
CFR AssociatedCranberries; Marketing Agreements and Reporting and Recordkeeping Requirements

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