81 FR 93642 - 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 929 and Referendum Order
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 245 (December 21, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 245 (December 21, 2016)
| Page Range | 93642-93644 | |
| FR Document | 2016-30571 |
[Federal Register Volume 81, Number 245 (Wednesday, December 21, 2016)] [Proposed Rules] [Pages 93642-93644] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30571] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Proposed Rules [[Page 93642]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 929 [Doc. No. AMS-SC-16-0041; SC16-929-1] 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 929 and Referendum Order AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule and Referendum Order. ----------------------------------------------------------------------- SUMMARY: This rule proposes an amendment to Marketing Order No. 929 (order), 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 amendment is based on a proposal made by the Cranberry Marketing Committee (Committee), which is responsible for the local administration of the order. The amendment would authorize the Committee to receive and expend voluntary contributions from domestic sources. Contributed funds would be used solely for research and development activities authorized under the order and would be free from any encumbrances as to their usage by the donor. DATES: The referendum will be conducted from January 23, 2017 through February 13, 2017. The representative period for the purpose of the referendum is September 1, 2015 through August 31, 2016. 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 Richard Lower, 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. 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. 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 programs covering cranberries grown in the production area unless they present an irreconcilable conflict with this rule. 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 the amendment proposed is not unduly complex and the nature of the proposed amendment is appropriate for utilizing the informal rulemaking process to amend the order. The proposed amendment was unanimously recommended by the Committee following deliberations at a public meeting held August 17-18, 2015. A proposed rule soliciting comments on the proposed amendment was issued on July 27, 2016, and published in the Federal Register on August 4, 2016 (81 FR 51383). No comments were received. AMS will conduct a producer referendum to determine support for the proposed amendment. If appropriate, a final rule will then be issued to effectuate the amendment favored by producers in the referendum. The Committee's proposed amendment would amend the marketing order by authorizing the Committee to receive and expend voluntary contributions from domestic sources for research and development activities. Proposal--Voluntary Contributions This proposal would add a new section, Sec. 929.43, Contributions, to the order. If implemented, this section [[Page 93643]] would authorize the Committee to accept voluntary financial contributions. Such contributions could only be accepted from domestic sources and would be free from any 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. 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. For the reasons stated above, it is proposed that Sec. 929.43, Contributions, be added to provide authority to accept voluntary financial contributions. Final 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 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. Based on Committee data, 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 financial contributions. 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. Alternatives to this proposal, including making no changes at this time, were considered. However, the Committee believes it would be beneficial to authorize contributions from domestic sources which would help support research and promotional activities. 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. 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. 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. 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 this proposal. A proposed rule concerning this action was published in the Federal Register on August 4, 2016 (81 FR 51383). Copies of the proposed rule were mailed or sent via facsimile to all Committee members and cranberry handlers. Finally, the rule was made available through the Internet by USDA and the Office of the Federal Register. A 60-day comment period ending October 3, 2016, was provided to allow interested persons to respond to the proposal. No comments were received. Accordingly, no changes have been made to the proposed amendments. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Richard Lower at his previously mentioned address in [[Page 93644]] the FOR FURTHER INFORMATION CONTACT section. Findings and Conclusions The findings and conclusions and general findings and determinations included in the proposed rule set forth in the August 4, 2016, issue of the Federal Register are hereby approved and adopted. Marketing Order Annexed hereto and made a part hereof is the document entitled ``Order Amending the Order 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.'' This document has been decided upon as the detailed and appropriate means of effectuating the foregoing findings and conclusions. It is hereby ordered, that this entire rule be published in the Federal Register. Referendum Order It is hereby directed that a referendum be conducted in accordance with the procedure for the conduct of referenda (7 CFR part 900.400- 407) to determine whether the annexed order amending the order 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 is approved by growers, as defined under the terms of the order, who during the representative period were engaged in the production of cranberries in the production area. The representative period for the conduct of such referendum is hereby determined to be September 1, 2015 through August 31, 2016. The agents of the Secretary to conduct such referendum are designated to be Doris Jamieson and Christian D. Nissen, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 325-8793, or Email: [email protected] or [email protected]. respectively. List of Subjects in 7 CFR Part 929 Cranberries, Marketing agreements, Reporting and recordkeeping requirements. Dated: December 14, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. Order Amending the Order 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 1 --------------------------------------------------------------------------- \1\ This order shall not become effective unless and until the requirements of Sec. 900.14 of the rules of practice and procedure governing proceedings to formulate marketing agreements and marketing orders have been met. --------------------------------------------------------------------------- Findings and Determinations 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 amended, and as hereby proposed to be further amended, and all of the terms and conditions thereof, would tend to effectuate the declared policy of the Act; 2. The marketing order, as amended, and as hereby proposed to be further 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 are applicable only to, persons in the respective classes of commercial and industrial activity specified in the marketing order; 3. The marketing order, as amended, and as hereby proposed to be further 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 amended, and as hereby proposed to be further amended, prescribe, 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 in the production area; and 5. All handling of cranberries produced in the production area as defined in the marketing order is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce. Order Relative to Handling It is therefore ordered, that on and after the effective date hereof, all 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 shall be in conformity to, and in compliance with, the terms and conditions of the said order as hereby proposed to be amended as follows: The provisions of the proposed marketing order amending the order contained in the proposed rule issued by the Administrator on July 27, 2016, and published in the Federal Register (81 FR 51383) on August 4, 2016, will be and are the terms and provisions of this order amending the order and are set forth in full herein. 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 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. [FR Doc. 2016-30571 Filed 12-20-16; 8:45 am] BILLING CODE 3410-02-P
![93642
Proposed Rules Federal Register
Vol. 81, No. 245
Wednesday, December 21, 2016
This section of the FEDERAL REGISTER Program, AMS, USDA, 1400 on the petition. After the hearing, USDA
contains notices to the public of the proposed Independence Avenue SW., Stop 0237, would rule on the petition. The Act
issuance of rules and regulations. The Washington, DC 20250–0237; provides that the district court of the
purpose of these notices is to give interested Telephone: (202) 720–2491, Fax: (202) United States in any district in which
persons an opportunity to participate in the 720–8938, or Email: Abdullah.Orozco@ the handler is an inhabitant, or has his
rule making prior to the adoption of the final
ams.usda.gov or Michelle.Sharrow@ or her principal place of business, has
rules.
ams.usda.gov. jurisdiction to review USDA’s ruling on
Small businesses may request the petition, provided an action is filed
DEPARTMENT OF AGRICULTURE information on complying with this no later than 20 days after the date of
regulation by contacting Richard Lower, entry of the ruling.
Agricultural Marketing Service Marketing Order and Agreement Section 1504 of the Food,
Division, Specialty Crops Program, Conservation, and Energy Act of 2008
7 CFR Part 929 AMS, USDA, 1400 Independence (2008 Farm Bill) (Pub. L. 110–246)
Avenue SW., STOP 0237, Washington, amended section 18c(17) of the Act,
[Doc. No. AMS–SC–16–0041; SC16–929–1] which in turn required the addition of
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email: supplemental rules of practice to 7 CFR
Cranberries Grown in the States of
Richard.Lower@ams.usda.gov. part 900 (73 FR 49307; August 21,
Massachusetts, Rhode Island,
SUPPLEMENTARY INFORMATION: This 2008). The amendment of section
Connecticut, New Jersey, Wisconsin,
proposal is issued under Marketing 18c(17) of the Act and additional
Michigan, Minnesota, Oregon,
Order and Agreement No. 929, as supplemental rules of practice authorize
Washington, and Long Island in the
amended (7 CFR part 929), regulating the use of informal rulemaking (5 U.S.C.
State of New York; Proposed
the handling of cranberries grown in the 553) to amend Federal fruit, vegetable,
Amendment to Marketing Order 929
states of Massachusetts, Rhode Island, and nut marketing agreements and
and Referendum Order
Connecticut, New Jersey, Wisconsin, orders. USDA may use informal
AGENCY: Agricultural Marketing Service, Michigan, Minnesota, Oregon, rulemaking to amend marketing orders
USDA. Washington, and Long Island in the based on the nature and complexity of
ACTION: Proposed rule and Referendum the proposed amendments, the potential
State of New York. The order is effective
Order. regulatory and economic impacts on
under the Agricultural Marketing
affected entities, and any other relevant
Agreement Act of 1937, as amended (7
SUMMARY: This rule proposes an matters.
U.S.C. 601–674), hereinafter referred to AMS has considered these factors and
amendment to Marketing Order No. 929
as the ‘‘Act.’’ Section 608c(17) of the Act has determined that the amendment
(order), which regulates the handling of
and the applicable rules of practice and proposed is not unduly complex and the
cranberries grown in the states of
procedure governing the formulation of nature of the proposed amendment is
Massachusetts, Rhode Island,
marketing agreements and orders (7 CFR appropriate for utilizing the informal
Connecticut, New Jersey, Wisconsin,
part 900) authorizes amendment of the rulemaking process to amend the order.
Michigan, Minnesota, Oregon,
order through this informal rulemaking The proposed amendment was
Washington, and Long Island in the
action. unanimously recommended by the
State of New York. The amendment is The Department of Agriculture
based on a proposal made by the Committee following deliberations at a
(USDA) is issuing this proposed rule in public meeting held August 17–18,
Cranberry Marketing Committee conformance with Executive Orders
(Committee), which is responsible for 2015.
12866, 13563, and 13175. A proposed rule soliciting comments
the local administration of the order. This proposal has been reviewed
The amendment would authorize the on the proposed amendment was issued
under Executive Order 12988, Civil on July 27, 2016, and published in the
Committee to receive and expend Justice Reform. This rule is not intended
voluntary contributions from domestic Federal Register on August 4, 2016 (81
to have retroactive effect. This rule shall FR 51383). No comments were received.
sources. Contributed funds would be not be deemed to preclude, preempt, or
used solely for research and AMS will conduct a producer
supersede any State programs covering referendum to determine support for the
development activities authorized under cranberries grown in the production
the order and would be free from any proposed amendment. If appropriate, a
area unless they present an final rule will then be issued to
encumbrances as to their usage by the irreconcilable conflict with this rule.
donor. effectuate the amendment favored by
The Act provides that administrative producers in the referendum.
DATES: The referendum will be proceedings must be exhausted before The Committee’s proposed
conducted from January 23, 2017 parties may file suit in court. Under amendment would amend the marketing
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
through February 13, 2017. The section 608c(15)(A) of the Act, any order by authorizing the Committee to
representative period for the purpose of handler subject to an order may file receive and expend voluntary
the referendum is September 1, 2015 with USDA a petition stating that the contributions from domestic sources for
through August 31, 2016. order, any provision of the order, or any research and development activities.
FOR FURTHER INFORMATION CONTACT: obligation imposed in connection with
Abdullah Orozco, Marketing Specialist, the order is not in accordance with law Proposal—Voluntary Contributions
or Michelle P. Sharrow, Rulemaking and request a modification of the order This proposal would add a new
Branch Chief, Marketing Order and or to be exempted therefrom. A handler section, § 929.43, Contributions, to the
Agreement Division, Specialty Crops is afforded the opportunity for a hearing order. If implemented, this section
VerDate Sep<11>2014 18:14 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\21DEP1.SGM 21DEP1](https://thefederalregister.org/doc/81_FR_93887/page/1.svg)
![93644 Federal Register / Vol. 81, No. 245 / Wednesday, December 21, 2016 / Proposed Rules
the FOR FURTHER INFORMATION CONTACT Dated: December 14, 2016. defined in the marketing order is in the
section. Elanor Starmer, current of interstate or foreign
Administrator, Agricultural Marketing commerce or directly burdens,
Findings and Conclusions Service. obstructs, or affects such commerce.
The findings and conclusions and Order Amending the Order Regulating Order Relative to Handling
general findings and determinations the Handling of Cranberries Grown in
included in the proposed rule set forth the States of Massachusetts, Rhode It is therefore ordered, that on and
in the August 4, 2016, issue of the Island, Connecticut, New Jersey, after the effective date hereof, all
Federal Register are hereby approved Wisconsin, Michigan, Minnesota, handling of cranberries grown in the
and adopted. Oregon, Washington, and Long Island States of Massachusetts, Rhode Island,
in the State of New York 1 Connecticut, New Jersey, Wisconsin,
Marketing Order
Findings and Determinations Michigan, Minnesota, Oregon,
Annexed hereto and made a part Washington, and Long Island in the
The findings hereinafter set forth are
hereof is the document entitled ‘‘Order State of New York shall be in
supplementary to the findings and
Amending the Order Regulating the conformity to, and in compliance with,
determinations which were previously
Handling of cranberries grown in the the terms and conditions of the said
made in connection with the issuance of
states of Massachusetts, Rhode Island, the marketing order; and all said order as hereby proposed to be amended
Connecticut, New Jersey, Wisconsin, previous findings and determinations as follows:
Michigan, Minnesota, Oregon, are hereby ratified and affirmed, except The provisions of the proposed
Washington, and Long Island in the insofar as such findings and marketing order amending the order
State of New York.’’ This document has determinations may be in conflict with contained in the proposed rule issued
been decided upon as the detailed and the findings and determinations set by the Administrator on July 27, 2016,
appropriate means of effectuating the forth herein. and published in the Federal Register
foregoing findings and conclusions. It is 1. The marketing order, as amended, (81 FR 51383) on August 4, 2016, will
hereby ordered, that this entire rule be and as hereby proposed to be further be and are the terms and provisions of
published in the Federal Register. amended, and all of the terms and this order amending the order and are
conditions thereof, would tend to set forth in full herein.
Referendum Order effectuate the declared policy of the Act;
2. The marketing order, as amended, PART 929—CRANBERRIES GROWN IN
It is hereby directed that a referendum
and as hereby proposed to be further THE STATES OF MASSACHUSETTS,
be conducted in accordance with the
amended, regulates the handling of RHODE ISLAND, CONNECTICUT, NEW
procedure for the conduct of referenda cranberries grown in the States of
(7 CFR part 900.400–407) to determine JERSEY, WISCONSIN, MICHIGAN,
Massachusetts, Rhode Island, MINNESOTA, OREGON,
whether the annexed order amending Connecticut, New Jersey, Wisconsin,
the order regulating the handling of WASHINGTON, AND LONG ISLAND IN
Michigan, Minnesota, Oregon,
cranberries grown in the states of THE STATE OF NEW YORK
Washington, and Long Island in the
Massachusetts, Rhode Island, State of New York in the same manner
Connecticut, New Jersey, Wisconsin, as, and are applicable only to, persons ■ 1. The authority citation for 7 CFR
Michigan, Minnesota, Oregon, in the respective classes of commercial part 929 continues to read as follows:
Washington, and Long Island in the and industrial activity specified in the Authority: 7 U.S.C. 601–674.
State of New York is approved by marketing order;
growers, as defined under the terms of 3. The marketing order, as amended, ■ 2. Add § 929.43 to read as follows:
the order, who during the representative and as hereby proposed to be further § 929.43 Contributions.
period were engaged in the production amended, is limited in application to
of cranberries in the production area. the smallest regional production area The Committee may accept voluntary
The representative period for the which is practicable, consistent with contributions to pay expenses incurred
conduct of such referendum is hereby carrying out the declared policy of the pursuant to § 929.45, Research and
determined to be September 1, 2015 Act, and the issuance of several orders development. Such contributions may
through August 31, 2016. applicable to subdivisions of the only be accepted if they are sourced
production area would not effectively from domestic contributors and are free
The agents of the Secretary to conduct carry out the declared policy of the Act; from any encumbrances or restrictions
such referendum are designated to be 4. The marketing order, as amended, on their use by the donor. The
Doris Jamieson and Christian D. Nissen, and as hereby proposed to be further Cranberry Marketing Committee shall
Southeast Marketing Field Office, amended, prescribe, insofar as retain complete control of their use.
Marketing Order and Agreement practicable, such different terms
Division, Specialty Crops Program, [FR Doc. 2016–30571 Filed 12–20–16; 8:45 am]
applicable to different parts of the
AMS, USDA; Telephone: (863) 324– production area as are necessary to give BILLING CODE 3410–02–P
3375, Fax: (863) 325–8793, or Email: due recognition to the differences in the
asabaliauskas on DSK3SPTVN1PROD with PROPOSALS
Doris.Jamieson@ams.usda.gov or production and marketing of cranberries
Christian.Nissen@ams.usda.gov. produced in the production area; and
respectively. 5. All handling of cranberries
produced in the production area as
List of Subjects in 7 CFR Part 929
1 This order shall not become effective unless and
Cranberries, Marketing agreements, until the requirements of § 900.14 of the rules of
Reporting and recordkeeping practice and procedure governing proceedings to
requirements. formulate marketing agreements and marketing
orders have been met.
VerDate Sep<11>2014 18:14 Dec 20, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4702 Sfmt 9990 E:\FR\FM\21DEP1.SGM 21DEP1](https://thefederalregister.org/doc/81_FR_93887/page/3.svg)
Document Created: 2018-02-14 09:12:09
Document Modified: 2018-02-14 09:12:09
| 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 | Proposed Rules | |
| Action | Proposed rule and Referendum Order. | |
| Dates | The referendum will be conducted from January 23, 2017 through February 13, 2017. The representative period for the purpose of the referendum is September 1, 2015 through August 31, 2016. | |
| 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] | |
| FR Citation | 81 FR 93642 | |
| CFR Associated | Cranberries; Marketing Agreements and Reporting and Recordkeeping Requirements |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR