83_FR_18542 83 FR 18460 - 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

83 FR 18460 - 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 83, Issue 82 (April 27, 2018)

Page Range18460-18462
FR Document2018-08526

This proposed rule invites comments on a proposed amendment to Marketing Order No. 929, 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), recommended adding authority to accept contributions from domestic sources. Contributed funds would be used solely for research and development activities authorized under the marketing order and would be free from any encumbrances as to their usage by the donor.

Federal Register, Volume 83 Issue 82 (Friday, April 27, 2018)
[Federal Register Volume 83, Number 82 (Friday, April 27, 2018)]
[Proposed Rules]
[Pages 18460-18462]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08526]


========================================================================
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. 83, No. 82 / Friday, April 27, 2018 / 
Proposed Rules

[[Page 18460]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Doc. No. AMS-SC-18-0017; SC18-929-3 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 Order No. 929, 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), recommended adding authority to accept contributions from 
domestic sources. Contributed funds would be used solely for research 
and development activities authorized under the marketing order and 
would be free from any encumbrances as to their usage by the donor.

DATES: Comments must be received by June 26, 2018.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments must be sent to the Docket 
Clerk, Marketing Order and Agreement Division, Specialty Crops Program, 
AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or internet: http://www.regulations.gov. All comments should reference the document number 
and the date and page number of this issue of the Federal Register and 
will be made available for public inspection in the Office of the 
Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this 
proposal will be included in the record and will be made available to 
the public. Please be advised that the identity of the individuals or 
entities submitting the comments will be made public on the internet at 
the address provided above.

FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing 
Specialist, or Julie Santoboni, 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 action, pursuant to 5 U.S.C. 553, 
amends regulations issued to carry out a marketing order as defined in 
7 CFR 900.2(j). This rulemaking is issued under Marketing Order No. 
929, as amended (7 CFR part 929), regulating the handling of 
cranberries grown in the States of Massachusetts, Rhode Island, 
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, 
Washington, and Long Island in the State of New York. Part 929 
(referred to as 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 Agricultural Marketing Service (AMS) 
will consider all timely-filed 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 and processors 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 and processors in the 
referendum.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 13563 and 13175. This proposed rule 
falls within a category of regulatory actions that the Office of 
Management and Budget (OMB) exempted from Executive Order 12866 review. 
Additionally, because this proposed rule does not meet the definition 
of a significant regulatory action, it does not trigger the 
requirements contained in Executive Order 13771. See OMB's Memorandum 
titled ``Interim Guidance Implementing Section 2 of the Executive Order 
of January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs'[thinsp]'' (February 2, 2017).
    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 608c(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 608c(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,

[[Page 18461]]

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 proposed rule.
    The Committee, which is responsible for the local administration of 
the order and is comprised of growers of cranberries operating within 
the production area, unanimously recommended this proposal following 
deliberations at a public meeting. The proposed amendment would give 
the Committee authority to receive and use 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 affiliated with the Order have expressed an interest in supporting 
many of the research and development projects currently funded by the 
Order but the Committee has had to decline these offers. This proposal 
would provide authority to accept financial contributions from domestic 
sources. With the additional funding, more research and development 
projects could be undertaken.
    This proposal would add a new section, Sec.  929.43, Contributions, 
to the Order which 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 and the contributed funds 
would only be used to fund 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), AMS has considered the 
economic impact of this action on small entities. Accordingly, AMS has 
prepared this initial regulatory flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 1,100 cranberry growers in the regulated 
area and approximately 65 cranberry handlers subject to regulation 
under the Order. Small agricultural producers are defined by the Small 
Business Administration (SBA) as those having annual receipts of less 
than $750,000, and small agricultural service firms are defined as 
those whose annual receipts are less than $7,500,000 (13 CFR 121.201).
    According to industry and Committee data, the average grower price 
for cranberries during the 2016-17 crop year was $23.50 per barrel, and 
total sales were around 9.5 million barrels. The value for cranberries 
that crop year totaled $223,250,000 ($23.50 per barrel multiplied by 
9.5 million barrels). Taking the total value of production for 
cranberries and dividing it by the total number of cranberry growers 
(1,100) provides an average return per grower of $202,955. Based on 
USDA's Market News reports, the average free on board (f.o.b.) price 
for cranberries was around $30.00 per barrel. Multiplying the f.o.b. 
price by total utilization of 9.5 million barrels results in an 
estimated handler-level cranberry value of $285 million. Dividing this 
figure by the number of handlers (65) yields an estimated average 
annual handler receipt of $4.3 million, which is below the SBA 
threshold for small agricultural service firms. Therefore, the majority 
of growers and handlers of cranberries may be classified as small 
entities.
    The Committee's proposed amendment was unanimously recommended at a 
public meeting. If the proposal is approved in a referendum, there 
would be no direct financial effect on growers or handlers. This 
proposal would provide the Committee 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 implementation of the proposed rule. Additionally, a past 
referendum concerning a similar action was supported by most eligible 
producers and processors. However, that referendum failed due to an 
oversight by processors not casting their ballot in a timely manner (82 
FR 36991).

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 OMB and assigned OMB No. 0581-0189, 
``Generic Fruit Crops.'' No changes in those requirements are necessary 
as a result of this action. 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.
    The Committee meeting was public, and all entities, both large and 
small, were encouraged to express their views on this proposal.
    Finally, interested persons are invited to submit comments on the 
proposed amendment to the Order, including comments on the regulatory 
and information collection impacts of this action on small businesses.
    Following the analysis of any comments received on the amendment 
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 and processors 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 and processors 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.

[[Page 18462]]

    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 Richard Lower at 
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.

General Findings

    These findings are supplementary to the findings and determinations 
which were previously made in connection with the issuance of the 
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 Order as proposed to be amended and all of the terms and 
conditions thereof, would tend to effectuate the declared policy of the 
Act;
    2. The Order as 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 Order as 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 Order as 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
    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 this proposal. Any comments received on the amendment 
proposed in this rulemaking will be analyzed, and if AMS determines to 
proceed based on all the information presented, a referendum would be 
conducted to determine support for the proposed amendment. If 
appropriate, a final rule would then be issued to effectuate the 
amendment favored by producers and processors 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 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: April 19, 2018.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2018-08526 Filed 4-26-18; 8:45 am]
 BILLING CODE 3410-02-P



                                                    18460

                                                    Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                   Vol. 83, No. 82

                                                                                                                                                                   Friday, April 27, 2018



                                                    This section of the FEDERAL REGISTER                    public inspection in the Office of the                 warranted, a subsequent proposed rule
                                                    contains notices to the public of the proposed          Docket Clerk during regular business                   and referendum order would be issued,
                                                    issuance of rules and regulations. The                  hours, or can be viewed at: http://                    and producers and processors of
                                                    purpose of these notices is to give interested          www.regulations.gov. All comments                      cranberries regulated within the
                                                    persons an opportunity to participate in the            submitted in response to this proposal                 production area would be allowed to
                                                    rule making prior to the adoption of the final
                                                                                                            will be included in the record and will                vote for or against the proposed
                                                    rules.
                                                                                                            be made available to the public. Please                amendment. AMS would then issue a
                                                                                                            be advised that the identity of the                    final rule effectuating the amendment if
                                                    DEPARTMENT OF AGRICULTURE                               individuals or entities submitting the                 it is approved by producers and
                                                                                                            comments will be made public on the                    processors in the referendum.
                                                    Agricultural Marketing Service                          internet at the address provided above.                   The Department of Agriculture
                                                                                                            FOR FURTHER INFORMATION CONTACT:                       (USDA) is issuing this rule in
                                                    7 CFR Part 929                                          Geronimo Quinones, Marketing                           conformance with Executive Orders
                                                    [Doc. No. AMS–SC–18–0017; SC18–929–3
                                                                                                            Specialist, or Julie Santoboni, Branch                 13563 and 13175. This proposed rule
                                                    PR]                                                     Chief, Marketing Order and Agreement                   falls within a category of regulatory
                                                                                                            Division, Specialty Crops Program,                     actions that the Office of Management
                                                    Cranberries Grown in the States of                      AMS, USDA, 1400 Independence                           and Budget (OMB) exempted from
                                                    Massachusetts, Rhode Island,                            Avenue SW, Stop 0237, Washington, DC                   Executive Order 12866 review.
                                                    Connecticut, New Jersey, Wisconsin,                     20250–0237; Telephone: (202) 720–                      Additionally, because this proposed
                                                    Michigan, Minnesota, Oregon,                            2491, Fax: (202) 720–8938, or Email:                   rule does not meet the definition of a
                                                    Washington, and Long Island in the                      Geronimo.Quinones@ams.usda.gov or                      significant regulatory action, it does not
                                                    State of New York; Proposed                             Julie.Santoboni@ams.usda.gov.                          trigger the requirements contained in
                                                    Amendment to Marketing Order                               Small businesses may request                        Executive Order 13771. See OMB’s
                                                                                                            information on complying with this                     Memorandum titled ‘‘Interim Guidance
                                                    AGENCY:  Agricultural Marketing Service,                regulation by contacting Richard Lower,                Implementing Section 2 of the Executive
                                                    USDA.                                                   Marketing Order and Agreement                          Order of January 30, 2017, titled
                                                    ACTION: Proposed rule.                                  Division, Specialty Crops Program,                     ‘Reducing Regulation and Controlling
                                                                                                            AMS, USDA, 1400 Independence                           Regulatory Costs’ ’’ (February 2, 2017).
                                                    SUMMARY:   This proposed rule invites                   Avenue SW, STOP 0237, Washington,                         The Act provides that administrative
                                                    comments on a proposed amendment to                     DC 20250–0237; Telephone: (202) 720–                   proceedings must be exhausted before
                                                    Marketing Order No. 929, which                          2491, Fax: (202) 720–8938, or Email:                   parties may file suit in court. Under
                                                    regulates the handling of cranberries                   Richard.Lower@ams.usda.gov.                            section 608c(15)(A) of the Act, any
                                                    grown in the States of Massachusetts,                                                                          handler subject to an order may file
                                                                                                            SUPPLEMENTARY INFORMATION: This
                                                    Rhode Island, Connecticut, New Jersey,                                                                         with USDA a petition stating that the
                                                                                                            action, pursuant to 5 U.S.C. 553,
                                                    Wisconsin, Michigan, Minnesota,                                                                                order, any provision of the order, or any
                                                                                                            amends regulations issued to carry out
                                                    Oregon, Washington, and Long Island in                                                                         obligation imposed in connection with
                                                                                                            a marketing order as defined in 7 CFR
                                                    the State of New York. The Cranberry                                                                           the order is not in accordance with law
                                                                                                            900.2(j). This rulemaking is issued
                                                    Marketing Committee (Committee),                                                                               and request a modification of the order
                                                                                                            under Marketing Order No. 929, as
                                                    recommended adding authority to                                                                                or to be exempted therefrom. A handler
                                                                                                            amended (7 CFR part 929), regulating
                                                    accept contributions from domestic                                                                             is afforded the opportunity for a hearing
                                                                                                            the handling of cranberries grown in the
                                                    sources. Contributed funds would be                                                                            on the petition. After the hearing, USDA
                                                                                                            States of Massachusetts, Rhode Island,
                                                    used solely for research and                                                                                   would rule on the petition. The Act
                                                                                                            Connecticut, New Jersey, Wisconsin,
                                                    development activities authorized under                                                                        provides that the district court of the
                                                                                                            Michigan, Minnesota, Oregon,
                                                    the marketing order and would be free                                                                          United States in any district in which
                                                                                                            Washington, and Long Island in the
                                                    from any encumbrances as to their usage                                                                        the handler is an inhabitant, or has his
                                                                                                            State of New York. Part 929 (referred to
                                                    by the donor.                                                                                                  or her principal place of business, has
                                                                                                            as the ‘‘Order’’) is effective under the
                                                    DATES: Comments must be received by                     Agricultural Marketing Agreement Act                   jurisdiction to review USDA’s ruling on
                                                    June 26, 2018.                                          of 1937, as amended (7 U.S.C. 601–674),                the petition, provided an action is filed
                                                    ADDRESSES: Interested persons are                       hereinafter referred to as the ‘‘Act.’’                no later than 20 days after the date of
                                                    invited to submit written comments                         Section 608c(17) of the Act and the                 entry of the ruling.
                                                    concerning this proposed rule.                          applicable rules of practice and                          Section 1504 of the Food,
                                                    Comments must be sent to the Docket                     procedure governing the formulation of                 Conservation, and Energy Act of 2008
                                                    Clerk, Marketing Order and Agreement                    marketing agreements and orders (7 CFR                 (2008 Farm Bill) (Pub. L. 110–246)
                                                    Division, Specialty Crops Program,                      part 900) authorizes amendment of the                  amended section 608c(17) of the Act,
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    AMS, USDA, 1400 Independence                            Order through this informal rulemaking                 which in turn required the addition of
                                                    Avenue SW, STOP 0237, Washington,                       action. The Agricultural Marketing                     supplemental rules of practice to 7 CFR
                                                    DC 20250–0237; Fax: (202) 720–8938; or                  Service (AMS) will consider all timely-                part 900 (73 FR 49307; August 21,
                                                    internet: http://www.regulations.gov. All               filed comments received in response to                 2008). The amendment of section
                                                    comments should reference the                           this rule, and based on all the                        608c(17) of the Act and additional
                                                    document number and the date and                        information available, will determine if               supplemental rules of practice authorize
                                                    page number of this issue of the Federal                Order amendment is warranted. If AMS                   the use of informal rulemaking (5 U.S.C.
                                                    Register and will be made available for                 determines amendment of the Order is                   553) to amend Federal fruit, vegetable,


                                               VerDate Sep<11>2014   14:38 Apr 26, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\27APP1.SGM   27APP1


                                                                              Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules                                           18461

                                                    and nut marketing agreements and                        the economic impact of this action on                  referendum concerning a similar action
                                                    orders. USDA may use informal                           small entities. Accordingly, AMS has                   was supported by most eligible
                                                    rulemaking to amend marketing orders                    prepared this initial regulatory                       producers and processors. However,
                                                    based on the nature and complexity of                   flexibility analysis.                                  that referendum failed due to an
                                                    the proposed amendments, the potential                     The purpose of the RFA is to fit                    oversight by processors not casting their
                                                    regulatory and economic impacts on                      regulatory actions to the scale of                     ballot in a timely manner (82 FR 36991).
                                                    affected entities, and any other relevant               businesses subject to such actions in
                                                                                                            order that small businesses will not be                Paperwork Reduction Act
                                                    matters.
                                                       AMS has considered these factors and                 unduly or disproportionately burdened.                    In accordance with the Paperwork
                                                    has determined that this proposed                       Marketing orders issued pursuant to the                Reduction Act of 1995 (44 U.S.C.
                                                    amendment is not unduly complex and                     Act, and rules issued thereunder, are                  Chapter 35), the Order’s information
                                                    its nature is appropriate for utilizing the             unique in that they are brought about                  collection requirements have been
                                                    informal rulemaking process to amend                    through group action of essentially                    previously approved by the OMB and
                                                    the Order. A discussion of the potential                small entities acting on their own                     assigned OMB No. 0581–0189, ‘‘Generic
                                                    regulatory and economic impacts on                      behalf.                                                Fruit Crops.’’ No changes in those
                                                    affected entities is discussed later in the                There are approximately 1,100                       requirements are necessary as a result of
                                                    ‘‘Initial Regulatory Flexibility Analysis’’             cranberry growers in the regulated area                this action. Should any changes become
                                                    section of this proposed rule.                          and approximately 65 cranberry                         necessary, they would be submitted to
                                                       The Committee, which is responsible                  handlers subject to regulation under the               OMB for approval.
                                                    for the local administration of the order               Order. Small agricultural producers are                   This proposed rule would impose no
                                                    and is comprised of growers of                          defined by the Small Business                          additional reporting or recordkeeping
                                                    cranberries operating within the                        Administration (SBA) as those having                   requirements on either small or large
                                                    production area, unanimously                            annual receipts of less than $750,000,                 cranberry handlers. As with all Federal
                                                    recommended this proposal following                     and small agricultural service firms are               marketing order programs, reports and
                                                    deliberations at a public meeting. The                  defined as those whose annual receipts                 forms are periodically reviewed to
                                                    proposed amendment would give the                       are less than $7,500,000 (13 CFR                       reduce information requirements and
                                                    Committee authority to receive and use                  121.201).                                              duplication by industry and public
                                                    voluntary contributions from domestic                      According to industry and Committee                 sector agencies.
                                                    sources to fund production research,                    data, the average grower price for                        The Committee’s meeting was widely
                                                    marketing research, and market                          cranberries during the 2016–17 crop                    publicized throughout the cranberry
                                                    development projects, including paid                    year was $23.50 per barrel, and total                  production area. All interested persons
                                                    advertising, designed to assist, improve,               sales were around 9.5 million barrels.                 were invited to attend the meeting and
                                                    or promote the marketing, distribution,                 The value for cranberries that crop year               encouraged to participate in Committee
                                                    consumption or efficient production of                  totaled $223,250,000 ($23.50 per barrel                deliberations on all issues.
                                                    cranberries, as authorized under                        multiplied by 9.5 million barrels).                       The Committee meeting was public,
                                                    § 929.45, Research and development.                     Taking the total value of production for               and all entities, both large and small,
                                                       Currently, program operations are                    cranberries and dividing it by the total               were encouraged to express their views
                                                    solely financed through assessments                     number of cranberry growers (1,100)                    on this proposal.
                                                    collected from handlers regulated under                 provides an average return per grower of                  Finally, interested persons are invited
                                                    the Order. Sources not affiliated with                  $202,955. Based on USDA’s Market                       to submit comments on the proposed
                                                    the Order have expressed an interest in                 News reports, the average free on board                amendment to the Order, including
                                                    supporting many of the research and                     (f.o.b.) price for cranberries was around              comments on the regulatory and
                                                    development projects currently funded                   $30.00 per barrel. Multiplying the f.o.b.              information collection impacts of this
                                                    by the Order but the Committee has had                  price by total utilization of 9.5 million              action on small businesses.
                                                    to decline these offers. This proposal                  barrels results in an estimated handler-                  Following the analysis of any
                                                    would provide authority to accept                       level cranberry value of $285 million.                 comments received on the amendment
                                                    financial contributions from domestic                   Dividing this figure by the number of                  proposed in this rule, AMS will
                                                    sources. With the additional funding,                   handlers (65) yields an estimated                      evaluate all available information and
                                                    more research and development projects                  average annual handler receipt of $4.3                 determine whether to proceed. If
                                                    could be undertaken.                                    million, which is below the SBA                        appropriate, a proposed rule and
                                                       This proposal would add a new                        threshold for small agricultural service               referendum order would be issued, and
                                                    section, § 929.43, Contributions, to the                firms. Therefore, the majority of growers              producers and processors would be
                                                    Order which would authorize the                         and handlers of cranberries may be                     provided the opportunity to vote for or
                                                    Committee to accept voluntary financial                 classified as small entities.                          against the proposed amendment.
                                                    contributions. Such contributions could                    The Committee’s proposed                            Information about the referendum,
                                                    only be accepted from domestic sources                  amendment was unanimously                              including dates and voter eligibility
                                                    and would be free from any                              recommended at a public meeting. If the                requirements, would be published in a
                                                    encumbrances or restrictions on their                   proposal is approved in a referendum,                  future issue of the Federal Register. A
                                                    use by the donor. When received, the                    there would be no direct financial effect              final rule would then be issued to
                                                    Committee would retain complete                         on growers or handlers. This proposal                  effectuate the amendment, if favored by
                                                                                                            would provide the Committee authority                  producers and processors participating
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    control of their use and the contributed
                                                    funds would only be used to fund                        to accept additional funding. With the                 in the referendum.
                                                    program activities authorized under                     potential for additional funding, more                    AMS is committed to complying with
                                                    § 929.45, Research and development.                     research and promotional projects could                the E-Government Act to promote the
                                                                                                            be undertaken. Therefore, it is                        use of the internet and other
                                                    Initial Regulatory Flexibility Analysis                 anticipated that both small and large                  information technologies, to provide
                                                      Pursuant to the requirements set forth                producer and handler businesses would                  increased opportunities for citizen
                                                    in the Regulatory Flexibility Act (RFA)                 benefit from implementation of the                     access to Government information and
                                                    (5 U.S.C. 601–612), AMS has considered                  proposed rule. Additionally, a past                    services, and for other purposes.


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                                                    18462                     Federal Register / Vol. 83, No. 82 / Friday, April 27, 2018 / Proposed Rules

                                                      USDA has not identified any relevant                  this rulemaking will be analyzed, and if               establish a grower allotment percentage
                                                    Federal rules that duplicate, overlap, or               AMS determines to proceed based on all                 for the 2018–19 crop year under the
                                                    conflict with this action.                              the information presented, a referendum                marketing order for cranberries grown in
                                                      A small business guide on complying                   would be conducted to determine                        the production area (Order). This
                                                    with fruit, vegetable, and specialty crop               support for the proposed amendment. If                 proposed action would limit the
                                                    marketing agreements and orders may                     appropriate, a final rule would then be                quantity of cranberries from the 2018–
                                                    be viewed at: https://                                  issued to effectuate the amendment                     19 crop a handler may purchase from,
                                                    www.ams.usda.gov/rules-regulations/                     favored by producers and processors                    or handle on behalf of, growers, and
                                                    moa/small-businesses. Any questions                     participating in the referendum.                       would allow for the diversion of
                                                    about the compliance guide should be                                                                           processed products from that year. This
                                                                                                            List of Subjects in 7 CFR Part 929
                                                    sent to Richard Lower at the previously                                                                        proposed action would also specify
                                                    mentioned address in the FOR FURTHER                      Cranberries, Marketing agreements,                   handlers subject to the regulation, revise
                                                    INFORMATION CONTACT section.                            Reporting and recordkeeping                            the definition of outlets for excess fruit,
                                                                                                            requirements.                                          revise dates by which certain actions are
                                                    General Findings
                                                                                                              For the reasons set forth in the                     due, and establish exemptions to the
                                                       These findings are supplementary to                  preamble, 7 CFR part 929 is proposed to                proposed action.
                                                    the findings and determinations which                   be amended as follows:                                 DATES: Comments must be received by
                                                    were previously made in connection                                                                             May 29, 2018.
                                                    with the issuance of the Order; and all                 PART 929—CRANBERRIES GROWN IN
                                                                                                                                                                   ADDRESSES: Interested persons are
                                                    said previous findings and                              THE STATES OF MASSACHUSETTS,
                                                                                                                                                                   invited to submit written comments
                                                    determinations are hereby ratified and                  RHODE ISLAND, CONNECTICUT, NEW
                                                                                                                                                                   concerning this proposed rule.
                                                    affirmed, except insofar as such findings               JERSEY, WISCONSIN, MICHIGAN,
                                                                                                                                                                   Comments must be sent to the Docket
                                                    and determinations may be in conflict                   MINNESOTA, OREGON,
                                                                                                                                                                   Clerk, Marketing Order and Agreement
                                                    with the findings and determinations set                WASHINGTON, AND LONG ISLAND IN
                                                                                                                                                                   Division, Specialty Crops Program,
                                                    forth herein.                                           THE STATE OF NEW YORK
                                                                                                                                                                   AMS, USDA, 1400 Independence
                                                       1. The Order as proposed to be                                                                              Avenue SW, STOP 0237, Washington,
                                                    amended and all of the terms and                        ■ 1. The authority citation for 7 CFR
                                                                                                            part 929 continues to read as follows:                 DC 20250–0237; Fax: (202) 720–8938; or
                                                    conditions thereof, would tend to                                                                              internet: http://www.regulations.gov. All
                                                    effectuate the declared policy of the Act;                  Authority: 7 U.S.C. 601–674.
                                                                                                                                                                   comments should reference the
                                                       2. The Order as proposed to be                       ■   2. Add § 929.43 to read as follows:                document number and the date and
                                                    amended regulates the handling of
                                                                                                                                                                   page number of this issue of the Federal
                                                    cranberries grown in the States of                      § 929.43    Contributions.
                                                                                                                                                                   Register and will be made available for
                                                    Massachusetts, Rhode Island,                               The Committee may accept voluntary
                                                                                                                                                                   public inspection in the Office of the
                                                    Connecticut, New Jersey, Wisconsin,                     contributions to pay expenses incurred
                                                                                                                                                                   Docket Clerk during regular business
                                                    Michigan, Minnesota, Oregon,                            pursuant to § 929.45, Research and
                                                                                                                                                                   hours, or can be viewed at: http://
                                                    Washington, and Long Island in the                      development. Such contributions may
                                                                                                                                                                   www.regulations.gov. All comments
                                                    State of New York in the same manner                    only be accepted if they are sourced
                                                                                                                                                                   submitted in response to this proposal
                                                    as, and is applicable only to, persons in               from domestic contributors and are free
                                                                                                                                                                   will be included in the record and will
                                                    the respective classes of commercial and                from any encumbrances or restrictions
                                                                                                                                                                   be made available to the public. Please
                                                    industrial activity specified in the                    on their use by the donor. The
                                                                                                                                                                   be advised that the identity of the
                                                    marketing order;                                        Cranberry Marketing Committee shall
                                                       3. The Order as proposed to be                                                                              individuals or entities submitting the
                                                                                                            retain complete control of their use.
                                                    amended is limited in application to the                                                                       comments will be made public on the
                                                                                                            *     *    *     *     *                               internet at the address provided above.
                                                    smallest regional production area which
                                                                                                              Dated: April 19, 2018.                               FOR FURTHER INFORMATION CONTACT:
                                                    is practicable, consistent with carrying
                                                    out the declared policy of the Act, and                 Bruce Summers,                                         Doris Jamieson, Marketing Specialist, or
                                                    the issuance of several orders applicable               Acting Administrator, Agricultural Marketing           Christian D. Nissen, Regional Director,
                                                    to subdivisions of the production area                  Service.                                               Southeast Marketing Field Office,
                                                    would not effectively carry out the                     [FR Doc. 2018–08526 Filed 4–26–18; 8:45 am]            Marketing Order and Agreement
                                                    declared policy of the Act;                             BILLING CODE 3410–02–P                                 Division, Specialty Crops Program,
                                                       4. The Order as proposed to be                                                                              AMS, USDA; Telephone: (863) 324–
                                                    amended prescribes, insofar as                                                                                 3375, Fax: (863) 291–8614, or Email:
                                                    practicable, such different terms                       DEPARTMENT OF AGRICULTURE                              Doris.Jamieson@ams.usda.gov or
                                                    applicable to different parts of the                                                                           Christian.Nissen@ams.usda.gov.
                                                                                                            Agricultural Marketing Service                            Small businesses may request
                                                    production area as are necessary to give
                                                    due recognition to the differences in the                                                                      information on complying with this
                                                                                                            7 CFR Part 929                                         regulation by contacting Richard Lower,
                                                    production and marketing of cranberries
                                                    produced or handled in the production                   [Doc. No. AMS–SC–18–0012; SC18–929–2                   Marketing Order and Agreement
                                                    area; and                                               PR]                                                    Division, Specialty Crops Program,
                                                       5. All handling of cranberries                                                                              AMS, USDA, 1400 Independence
                                                    produced in the production area as                      Cranberries Grown in States of                         Avenue SW, STOP 0237, Washington,
jstallworth on DSKBBY8HB2PROD with PROPOSALS




                                                    defined in the Order is in the current of               Massachusetts, et al.; Establishment of                DC 20250–0237; Telephone: (202) 720–
                                                    interstate or foreign commerce or                       2018–19 Seasonal Volume Regulation                     2491, Fax: (202) 720–8938, or Email:
                                                    directly burdens, obstructs, or affects                 AGENCY:  Agricultural Marketing Service,               Richard.Lower@ams.usda.gov.
                                                    such commerce.                                          USDA.                                                  SUPPLEMENTARY INFORMATION: This
                                                       A 60-day comment period is provided                  ACTION: Proposed rule.                                 action, pursuant to 5 U.S.C. 553,
                                                    to allow interested persons to respond                                                                         proposes amendments to regulations
                                                    to this proposal. Any comments                          SUMMARY:This proposed rule invites                     issued to carry out a marketing order as
                                                    received on the amendment proposed in                   comments on a recommendation to                        defined in 7 CFR 900.2(j). This proposal


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Document Created: 2018-04-27 01:45:10
Document Modified: 2018-04-27 01:45:10
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 June 26, 2018.
ContactGeronimo Quinones, Marketing Specialist, or Julie Santoboni, 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 Citation83 FR 18460 
CFR AssociatedCranberries; Marketing Agreements and Reporting and Recordkeeping Requirements

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