83_FR_46840 83 FR 46661 - 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

83 FR 46661 - 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 83, Issue 179 (September 14, 2018)

Page Range46661-46664
FR Document2018-19834

This rulemaking proposes an 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 for research and development activities authorized under the marketing order and that would be free from any encumbrances as to their use by the donor.

Federal Register, Volume 83 Issue 179 (Friday, September 14, 2018)
[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Proposed Rules]
[Pages 46661-46664]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19834]


========================================================================
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. 179 / Friday, September 14, 2018 / 
Proposed Rules

[[Page 46661]]



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 929 and Referendum Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule and referendum order.

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

SUMMARY: This rulemaking proposes an 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 for 
research and development activities authorized under the marketing 
order and that would be free from any encumbrances as to their use by 
the donor.

DATES: The referendum will be conducted from October 29, 2018 through 
November 19, 2018. The representative period for the referendum is 
September 1, 2016 through August 31, 2017.

ADDRESSES: Marketing Order and Agreement Division, Specialty Crops 
Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, 
DC 20250-0237.

FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing 
Specialist, 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].
    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, pursuant to 5 U.S.C. 553, 
proposes an amendment to regulations issued to carry out a marketing 
order as defined in 7 CFR 900.2(j). This proposal 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 Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 13563 and 13175. This action 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).
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. A 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed 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 8c(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 2017. The 
proposal would amend the Order by giving the Committee the authority to 
accept and expend voluntary contributions from domestic sources to fund 
research and development projects. All voluntary donations must be free 
from any restrictions on use by the donor, and the Committee would 
retain control over the use of all donated funds.

[[Page 46662]]

    A proposed rule soliciting comments on the proposed amendment was 
issued on April 19, 2018, and published in the Federal Register on 
April 27, 2018 (83 FR 18460). One comment was received. AMS will 
conduct a producer and processor referendum to determine support for 
the proposed amendment. If appropriate, a final rule will then be 
issued to effectuate the amendment favored by producers and processors 
in the referendum.
    The Committee's proposed amendment would amend the 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 would authorize the 
Committee to accept voluntary financial contributions. Such 
contributions could only be accepted from domestic sources and must 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 
authorize the Committee 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 authorize the Committee 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.
    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 of 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 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 must 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.
    If the proposal is approved in referendum, there would be no direct 
financial effect on growers or handlers. This proposal would authorize 
the Committee 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 implementation of this proposal. 
Additionally, a past referendum concerning a similar action was 
supported by most eligible producers and processors. However, that 
referendum failed because the handlers that voted in the referendum did 
not represent the required minimum 50 percent of the total volume of 
cranberries processed during the representative period (82 FR 36991).
    Alternatives to this proposal, including making no changes at this 
time, were considered. However, the Committee believes it would be 
beneficial to authorize the acceptance of financial 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 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. The Committee 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 April 27, 2018 (83 FR 18460). Copies of the proposed rule 
were mailed or sent via facsimile to all

[[Page 46663]]

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 June 26, 2018, was provided to 
allow interested persons to respond to the proposal. One comment was 
received. The comment submitted was not related to this proposal, 
therefore, no changes have been made to the proposed amendment.
    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 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 April 27, 
2018, 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 producer and processor referendum be 
conducted in accordance with the procedure for the conduct of referenda 
(7 CFR 900.400-900.407) 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 producers as well as by processors who have 
frozen or canned cranberries grown within the production area during 
the representative period. The representative period for the conduct of 
such referendum is hereby determined to be September 1, 2016 through 
August 31, 2017.
    The agents of the Secretary of Agriculture 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.

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 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 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 Order;
    3. The 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 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 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 April 19, 
2018, and published in the Federal Register (83 FR 18460) on April 27, 
2018, will be and are the terms and provisions of this order amending 
the Order and are set forth in full herein.

List of Subjects in 7 CFR Part 929

    Cranberries, Marketing agreements, Reporting and recordkeeping 
requirements.

    Dated: September 7, 2018.
Bruce Summers,
Administrator, Agricultural Marketing Service.

    For the reasons discussed in the preamble, AMS proposes to amend 7 
CFR part 929 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

[[Page 46664]]

Cranberry Marketing Committee shall retain complete control of their 
use.

[FR Doc. 2018-19834 Filed 9-13-18; 8:45 am]
 BILLING CODE 3410-02-P



                                                                                                                                                                                                 46661

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 83, No. 179

                                                                                                                                                               Friday, September 14, 2018



                                                 This section of the FEDERAL REGISTER                    Program, AMS, USDA, 1400                                 The Act provides that administrative
                                                 contains notices to the public of the proposed          Independence Avenue SW, Stop 0237,                    proceedings must be exhausted before
                                                 issuance of rules and regulations. The                  Washington, DC 20250–0237;                            parties may file suit in court. Under
                                                 purpose of these notices is to give interested          Telephone: (202) 720–2491, Fax: (202)                 section 608c(15)(A) of the Act, any
                                                 persons an opportunity to participate in the            720–8938, or email:                                   handler subject to an order may file
                                                 rule making prior to the adoption of the final
                                                 rules.
                                                                                                         Geronimo.Quinones@ams.usda.gov.                       with USDA a petition stating that the
                                                                                                            Small businesses may request                       order, any provision of the order, or any
                                                                                                         information on complying with this                    obligation imposed in connection with
                                                 DEPARTMENT OF AGRICULTURE                               regulation by contacting Richard Lower,               the order is not in accordance with law
                                                                                                         Marketing Order and Agreement                         and request a modification of the order
                                                 Agricultural Marketing Service                          Division, Specialty Crops Program,                    or to be exempted therefrom. A handler
                                                                                                         AMS, USDA, 1400 Independence                          is afforded the opportunity for a hearing
                                                 7 CFR Part 929                                          Avenue SW, STOP 0237, Washington,                     on the petition. After the hearing, USDA
                                                                                                         DC 20250–0237; Telephone: (202) 720–                  would rule on the petition. The Act
                                                 [Doc. No. AMS–SC–18–0017; SC18–929–3
                                                 PR]                                                     2491, Fax: (202) 720–8938, or email:                  provides that the district court of the
                                                                                                         Richard.Lower@ams.usda.gov.                           United States in any district in which
                                                 Cranberries Grown in the States of                      SUPPLEMENTARY INFORMATION: This                       the handler is an inhabitant, or has his
                                                 Massachusetts, Rhode Island,                            proposal, pursuant to 5 U.S.C. 553,                   or her principal place of business, has
                                                 Connecticut, New Jersey, Wisconsin,                     proposes an amendment to regulations                  jurisdiction to review USDA’s ruling on
                                                 Michigan, Minnesota, Oregon,                            issued to carry out a marketing order as              the petition, provided an action is filed
                                                 Washington, and Long Island in the                      defined in 7 CFR 900.2(j). This proposal              no later than 20 days after the date of
                                                 State of New York; Proposed                             is issued under Marketing Order No.                   entry of the ruling.
                                                 Amendment to Marketing Order 929                        929, as amended (7 CFR part 929),                        Section 1504 of the Food,
                                                 and Referendum Order                                    regulating the handling of cranberries                Conservation, and Energy Act of 2008
                                                                                                         grown in the States of Massachusetts,                 (2008 Farm Bill) (Pub. L. 110–246)
                                                 AGENCY:  Agricultural Marketing Service,                Rhode Island, Connecticut, New Jersey,
                                                 USDA.                                                                                                         amended section 608c(17) of the Act,
                                                                                                         Wisconsin, Michigan, Minnesota,                       which in turn required the addition of
                                                 ACTION: Proposed rule and referendum                    Oregon, Washington, and Long Island in                supplemental rules of practice to 7 CFR
                                                 order.                                                  the State of New York. Part 929 (referred             part 900 (73 FR 49307; August 21,
                                                 SUMMARY:    This rulemaking proposes an                 to as the ‘‘Order’’) is effective under the           2008). The amendment of section 8c(17)
                                                 amendment to Marketing Order No. 929,                   Agricultural Marketing Agreement Act                  of the Act and additional supplemental
                                                 which regulates the handling of                         of 1937, as amended (7 U.S.C. 601–674),               rules of practice authorize the use of
                                                 cranberries grown in the states of                      hereinafter referred to as the ‘‘Act.’’               informal rulemaking (5 U.S.C. 553) to
                                                 Massachusetts, Rhode Island,                            Section 608c(17) of the Act and the                   amend Federal fruit, vegetable, and nut
                                                 Connecticut, New Jersey, Wisconsin,                     applicable rules of practice and                      marketing agreements and orders. USDA
                                                 Michigan, Minnesota, Oregon,                            procedure governing the formulation of                may use informal rulemaking to amend
                                                 Washington, and Long Island in the                      marketing agreements and orders (7 CFR                marketing orders based on the nature
                                                 State of New York. The Cranberry                        part 900) authorizes amendment of the                 and complexity of the proposed
                                                 Marketing Committee (Committee),                        order through this informal rulemaking                amendments, the potential regulatory
                                                 recommended adding authority to                         action.                                               and economic impacts on affected
                                                                                                            The Department of Agriculture                      entities, and any other relevant matters.
                                                 accept contributions from domestic
                                                                                                         (USDA) is issuing this rule in
                                                 sources for research and development                                                                             AMS has considered these factors and
                                                                                                         conformance with Executive Orders
                                                 activities authorized under the                                                                               has determined that the amendment
                                                                                                         13563 and 13175. This action falls
                                                 marketing order and that would be free                                                                        proposed is not unduly complex and the
                                                                                                         within a category of regulatory actions
                                                 from any encumbrances as to their use                                                                         nature of the proposed amendment is
                                                                                                         that the Office of Management and
                                                 by the donor.                                                                                                 appropriate for utilizing the informal
                                                                                                         Budget (OMB) exempted from Executive
                                                 DATES: The referendum will be                           Order 12866 review. Additionally,                     rulemaking process to amend the Order.
                                                 conducted from October 29, 2018                         because this proposed rule does not                      The proposed amendment was
                                                 through November 19, 2018. The                          meet the definition of a significant                  unanimously recommended by the
                                                 representative period for the referendum                regulatory action, it does not trigger the            Committee following deliberations at a
                                                 is September 1, 2016 through August 31,                 requirements contained in Executive                   public meeting held August 2017. The
                                                 2017.                                                   Order 13771. See OMB’s Memorandum                     proposal would amend the Order by
                                                 ADDRESSES: Marketing Order and                          titled ‘‘Interim Guidance Implementing                giving the Committee the authority to
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 Agreement Division, Specialty Crops                     Section 2 of the Executive Order of                   accept and expend voluntary
                                                 Program, AMS, USDA, 1400                                January 30, 2017, titled ‘Reducing                    contributions from domestic sources to
                                                 Independence Avenue SW, STOP 0237,                      Regulation and Controlling Regulatory                 fund research and development
                                                 Washington, DC 20250–0237.                              Costs’ ’’ (February 2, 2017).                         projects. All voluntary donations must
                                                 FOR FURTHER INFORMATION CONTACT:                           This proposal has been reviewed                    be free from any restrictions on use by
                                                 Geronimo Quinones, Marketing                            under Executive Order 12988, Civil                    the donor, and the Committee would
                                                 Specialist, Marketing Order and                         Justice Reform. This rule is not intended             retain control over the use of all donated
                                                 Agreement Division, Specialty Crops                     to have retroactive effect.                           funds.


                                            VerDate Sep<11>2014   16:42 Sep 13, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\14SEP1.SGM   14SEP1


                                                 46662                 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Proposed Rules

                                                    A proposed rule soliciting comments                  order that small businesses will not be               additional funding, more research and
                                                 on the proposed amendment was issued                    unduly or disproportionately burdened.                promotional projects could be
                                                 on April 19, 2018, and published in the                 Marketing orders issued pursuant to the               undertaken.
                                                 Federal Register on April 27, 2018 (83                  Act, and rules issued thereunder, are                    Therefore, it is anticipated that both
                                                 FR 18460). One comment was received.                    unique in that they are brought about                 small and large producer and handler
                                                 AMS will conduct a producer and                         through group action of essentially                   businesses would benefit from
                                                 processor referendum to determine                       small entities acting on their own                    implementation of this proposal.
                                                 support for the proposed amendment. If                  behalf.                                               Additionally, a past referendum
                                                 appropriate, a final rule will then be                     There are approximately 1,100                      concerning a similar action was
                                                 issued to effectuate the amendment                      cranberry growers in the regulated area               supported by most eligible producers
                                                 favored by producers and processors in                  and approximately 65 cranberry                        and processors. However, that
                                                 the referendum.                                         handlers subject to regulation under the              referendum failed because the handlers
                                                    The Committee’s proposed                             Order. Small agricultural producers are               that voted in the referendum did not
                                                 amendment would amend the Order by                      defined by the Small Business                         represent the required minimum 50
                                                 authorizing the Committee to receive                    Administration (SBA) as those having                  percent of the total volume of
                                                 and expend voluntary contributions                      annual receipts of less than $750,000,                cranberries processed during the
                                                 from domestic sources for research and                  and small agricultural service firms are              representative period (82 FR 36991).
                                                 development activities.                                 defined as those whose annual receipts                   Alternatives to this proposal,
                                                                                                         are less than $7,500,000 (13 CFR                      including making no changes at this
                                                 Proposal—Voluntary Contributions                        121.201).                                             time, were considered. However, the
                                                   This proposal would add a new                            According to industry and Committee                Committee believes it would be
                                                 section, § 929.43, Contributions, to the                data, the average grower price for                    beneficial to authorize the acceptance of
                                                 Order. If implemented, this section                     cranberries during the 2016–17 crop                   financial contributions from domestic
                                                 would authorize the Committee to                        year was $23.50 per barrel, and total                 sources which would help support
                                                 accept voluntary financial                              sales were around 9.5 million barrels.                research and promotional activities.
                                                 contributions. Such contributions could                 The value of cranberries that crop year
                                                 only be accepted from domestic sources                  totaled $223,250,000 ($23.50 per barrel               Paperwork Reduction Act
                                                 and must be free from any restrictions                  multiplied by 9.5 million barrels).                     In accordance with the Paperwork
                                                 on their use by the donor. When                         Taking the total value of production for              Reduction Act of 1995 (44 U.S.C.
                                                 received, the Committee would retain                    cranberries and dividing it by the total              Chapter 35), the Order’s information
                                                 complete control of their use. The use                  number of cranberry growers (1,100)                   collection requirements have been
                                                 of contributed funds would be limited                   provides an average return per grower of              previously approved by OMB and
                                                 to funding program activities authorized                $202,955. Based on USDA’s Market                      assigned OMB No. 0581–0189, ‘‘Generic
                                                 under § 929.45, Research and                            News reports, the average free on board               Fruit Crops.’’ No changes in those
                                                 development.                                            (f.o.b.) price for cranberries was around             requirements as a result of this action
                                                   Currently, program operations are                     $30.00 per barrel. Multiplying the f.o.b.             would be necessary. Should any
                                                 solely financed through assessments                     price by total utilization of 9.5 million             changes become necessary, they would
                                                 collected from handlers regulated under                 barrels results in an estimated handler-              be submitted to OMB for approval.
                                                 the Order. Sources not subject to the                   level cranberry value of $285 million.                  As with all Federal marketing order
                                                 Order have expressed an interest in                     Dividing this figure by the number of                 programs, reports and forms are
                                                 supporting many of the research and                     handlers (65) yields an estimated                     periodically reviewed to reduce
                                                 development projects currently funded                   average annual handler receipt of $4.3                information requirements and
                                                 by the Order. However, without the                      million, which is below the SBA                       duplication by industry and public
                                                 ability to accept financial contributions,              threshold for small agricultural service              sector agencies. In addition, USDA has
                                                 the Committee has had to decline these                  firms. Therefore, the majority of growers             not identified any relevant Federal rules
                                                 offers. This proposal would authorize                   and handlers of cranberries may be                    that duplicate, overlap, or conflict with
                                                 the Committee to accept financial                       classified as small entities.                         this rule.
                                                 contributions. With the potential for                      The amendment proposed by the                        AMS is committed to complying with
                                                 additional funding, more research and                   Committee would add a new section,                    the E-Government Act, to promote the
                                                 development projects could be                           § 929.43, Contributions, to the Order. If             use of the internet and other
                                                 undertaken.                                             implemented, this section would                       information technologies to provide
                                                   For the reasons stated above, it is                   authorize the Committee to accept                     increased opportunities for citizen
                                                 proposed that § 929.43, Contributions,                  voluntary financial contributions. Such               access to Government information and
                                                 be added to authorize the Committee to                  contributions could only be accepted                  services, and for other purposes.
                                                 accept voluntary financial                              from domestic sources and must be free                  The Committee’s meeting was widely
                                                 contributions.                                          from any encumbrances or restrictions                 publicized throughout the cranberry
                                                                                                         on their use by the donor. When                       production area. All interested persons
                                                 Final Regulatory Flexibility Analysis                   received, the Committee would retain                  were invited to attend the meeting and
                                                    Pursuant to the requirements set forth               complete control of their use. The use                encouraged to participate in Committee
                                                 in the Regulatory Flexibility Act (RFA)                 of contributed funds would be limited                 deliberations on all issues. The
                                                 (5 U.S.C. 601–612), the Agricultural                    to funding program activities authorized              Committee meeting was public, and all
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                                                 Marketing Service (AMS) has                             under § 929.45, Research and                          entities, both large and small, were
                                                 considered the economic impact of this                  development.                                          encouraged to express their views on
                                                 action on small entities. Accordingly,                     If the proposal is approved in                     this proposal.
                                                 AMS has prepared this final regulatory                  referendum, there would be no direct                    A proposed rule concerning this
                                                 flexibility analysis.                                   financial effect on growers or handlers.              action was published in the Federal
                                                    The purpose of the RFA is to fit                     This proposal would authorize the                     Register on April 27, 2018 (83 FR
                                                 regulatory actions to the scale of                      Committee to accept financial                         18460). Copies of the proposed rule
                                                 businesses subject to such actions in                   contributions. With the potential for                 were mailed or sent via facsimile to all


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                                                                       Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Proposed Rules                                            46663

                                                 Committee members and cranberry                         are designated to be Doris Jamieson and                marketing of cranberries produced in
                                                 handlers. Finally, the rule was made                    Christian D. Nissen, Southeast                         the production area; and
                                                 available through the internet by USDA                  Marketing Field Office, Marketing Order                  5. All handling of cranberries
                                                 and the Office of the Federal Register. A               and Agreement Division, Specialty                      produced in the production area as
                                                 60-day comment period ending June 26,                   Crops Program, AMS, USDA;                              defined in the Order is in the current of
                                                 2018, was provided to allow interested                  Telephone: (863) 324–3375, Fax: (863)                  interstate or foreign commerce or
                                                 persons to respond to the proposal. One                 325–8793, or email: Doris.Jamieson@                    directly burdens, obstructs, or affects
                                                 comment was received. The comment                       ams.usda.gov or Christian.Nissen@                      such commerce.
                                                 submitted was not related to this                       ams.usda.gov. respectively.
                                                 proposal, therefore, no changes have                                                                           Order Relative to Handling
                                                                                                         Order Amending the Order Regulating
                                                 been made to the proposed amendment.                                                                              It is therefore ordered, that on and
                                                    A small business guide on complying                  the Handling of Cranberries Grown in
                                                                                                         the States of Massachusetts, Rhode                     after the effective date hereof, all
                                                 with fruit, vegetable, and specialty crop                                                                      handling of cranberries grown in the
                                                 marketing agreements and orders may                     Island, Connecticut, New Jersey,
                                                                                                         Wisconsin, Michigan, Minnesota,                        States of Massachusetts, Rhode Island,
                                                 be viewed at: http://www.ams.usda.gov/                                                                         Connecticut, New Jersey, Wisconsin,
                                                 MarketingOrdersSmallBusinessGuide.                      Oregon, Washington, and Long Island
                                                                                                         in the State of New York 1                             Michigan, Minnesota, Oregon,
                                                 Any questions about the compliance                                                                             Washington, and Long Island in the
                                                 guide should be sent to Richard Lower                   Findings and Determinations                            State of New York shall be in
                                                 at his previously mentioned address in                     The findings hereinafter set forth are              conformity to, and in compliance with,
                                                 the FOR FURTHER INFORMATION CONTACT                     supplementary to the findings and                      the terms and conditions of the said
                                                 section.                                                determinations which were previously                   order as hereby proposed to be amended
                                                 Findings and Conclusions                                made in connection with the issuance of                as follows:
                                                   The findings and conclusions and                      the marketing order; and all said                         The provisions of the proposed
                                                 general findings and determinations                     previous findings and determinations                   marketing order amending the Order
                                                 included in the proposed rule set forth                 are hereby ratified and affirmed, except               contained in the proposed rule issued
                                                 in the April 27, 2018, issue of the                     insofar as such findings and                           by the Administrator on April 19, 2018,
                                                 Federal Register are hereby approved                    determinations may be in conflict with                 and published in the Federal Register
                                                 and adopted.                                            the findings and determinations set                    (83 FR 18460) on April 27, 2018, will be
                                                                                                         forth herein.                                          and are the terms and provisions of this
                                                 Marketing Order                                            1. The Order, as amended, and as                    order amending the Order and are set
                                                   Annexed hereto and made a part                        hereby proposed to be further amended,                 forth in full herein.
                                                 hereof is the document entitled ‘‘Order                 and all of the terms and conditions
                                                                                                         thereof, would tend to effectuate the                  List of Subjects in 7 CFR Part 929
                                                 Amending the Order Regulating the
                                                 Handling of cranberries grown in the                    declared policy of the Act;                              Cranberries, Marketing agreements,
                                                 states of Massachusetts, Rhode Island,                     2. The Order, as amended, and as                    Reporting and recordkeeping
                                                 Connecticut, New Jersey, Wisconsin,                     hereby proposed to be further amended,                 requirements.
                                                 Michigan, Minnesota, Oregon,                            regulates the handling of cranberries
                                                                                                         grown in the States of Massachusetts,                    Dated: September 7, 2018.
                                                 Washington, and Long Island in the
                                                                                                         Rhode Island, Connecticut, New Jersey,                 Bruce Summers,
                                                 State of New York.’’ This document has
                                                                                                         Wisconsin, Michigan, Minnesota,                        Administrator, Agricultural Marketing
                                                 been decided upon as the detailed and
                                                                                                         Oregon, Washington, and Long Island in                 Service.
                                                 appropriate means of effectuating the
                                                 foregoing findings and conclusions. It is               the State of New York in the same                        For the reasons discussed in the
                                                 hereby ordered, that this entire rule be                manner as, and are applicable only to,                 preamble, AMS proposes to amend 7
                                                 published in the Federal Register.                      persons in the respective classes of                   CFR part 929 as follows:
                                                                                                         commercial and industrial activity
                                                 Referendum Order                                        specified in the Order;                                PART 929—CRANBERRIES GROWN IN
                                                   It is hereby directed that a producer                    3. The Order, as amended, and as                    THE STATES OF MASSACHUSETTS,
                                                 and processor referendum be conducted                   hereby proposed to be further amended,                 RHODE ISLAND, CONNECTICUT, NEW
                                                 in accordance with the procedure for                    is limited in application to the smallest              JERSEY, WISCONSIN, MICHIGAN,
                                                 the conduct of referenda (7 CFR                         regional production area which is                      MINNESOTA, OREGON,
                                                 900.400–900.407) to determine whether                   practicable, consistent with carrying out              WASHINGTON, AND LONG ISLAND IN
                                                 the annexed order amending the Order                    the declared policy of the Act, and the                THE STATE OF NEW YORK
                                                 regulating the handling of cranberries                  issuance of several orders applicable to
                                                 grown in the states of Massachusetts,                   subdivisions of the production area                    ■ 1. The authority citation for 7 CFR
                                                 Rhode Island, Connecticut, New Jersey,                  would not effectively carry out the                    part 929 continues to read as follows:
                                                 Wisconsin, Michigan, Minnesota,                         declared policy of the Act;
                                                                                                                                                                    Authority: 7 U.S.C. 601–674.
                                                 Oregon, Washington, and Long Island in                     4. The Order, as amended, and as
                                                 the State of New York is approved by                    hereby proposed to be further amended,                 ■   2. Add § 929.43 to read as follows:
                                                 producers as well as by processors who                  prescribe, insofar as practicable, such
                                                                                                         different terms applicable to different                § 929.43   Contributions.
                                                 have frozen or canned cranberries
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                                                 grown within the production area                        parts of the production area as are                       The Committee may accept voluntary
                                                 during the representative period. The                   necessary to give due recognition to the               contributions to pay expenses incurred
                                                 representative period for the conduct of                differences in the production and                      pursuant to § 929.45, Research and
                                                 such referendum is hereby determined                                                                           development. Such contributions may
                                                                                                           1 This order shall not become effective unless and
                                                 to be September 1, 2016 through August                                                                         only be accepted if they are sourced
                                                                                                         until the requirements of § 900.14 of the rules of
                                                 31, 2017.                                               practice and procedure governing proceedings to
                                                                                                                                                                from domestic contributors and are free
                                                   The agents of the Secretary of                        formulate marketing agreements and marketing           from any encumbrances or restrictions
                                                 Agriculture to conduct such referendum                  orders have been met.                                  on their use by the donor. The


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                                                 46664                 Federal Register / Vol. 83, No. 179 / Friday, September 14, 2018 / Proposed Rules

                                                 Cranberry Marketing Committee shall                     602–365–3099 (International Direct);                  requires removing the affected fan disk
                                                 retain complete control of their use.                   website: www.myaerospace.com; email:                  and replacing it with a part eligible for
                                                 [FR Doc. 2018–19834 Filed 9–13–18; 8:45 am]             engine.reliability@honeywell.com. You                 installation. AD 2017–20–01 resulted
                                                 BILLING CODE 3410–02–P
                                                                                                         may view this service information at the              from two fan disks found with surface
                                                                                                         FAA, Engine and Propeller Standards                   rollovers in the dovetail slot area. We
                                                                                                         Branch, 1200 District Avenue,                         issued AD 2017–20–01 to address the
                                                                                                         Burlington, MA, 01803. For information                unsafe condition on these products.
                                                 DEPARTMENT OF TRANSPORTATION
                                                                                                         on the availability of this material at the
                                                                                                                                                               Actions Since AD 2017–20–01 Was
                                                 Federal Aviation Administration                         FAA, call (781) 238–7759.
                                                                                                                                                               Issued
                                                                                                         Examining the AD Docket                                  Since we issued AD 2017–20–01, we
                                                 14 CFR Part 39
                                                                                                            You may examine the AD docket on                   determined that Honeywell TFE731–
                                                 [Docket No. FAA–2018–0719; Product                      the internet at http://                               20R, –20AR, –20BR, and TFE731–40R,
                                                 Identifier 2016–NE–24–AD]                               www.regulations.gov by searching for                  –40AR, and –40BR turbofan engine
                                                                                                         and locating Docket No. FAA–2018–                     models listed in Honeywell SB TFE731–
                                                 RIN 2120–AA64
                                                                                                         0719; or in person at Docket Operations               72–5256, Revision 0, dated October 7,
                                                 Airworthiness Directives; Honeywell                     between 9 a.m. and 5 p.m., Monday                     2016, were omitted from the
                                                 International Inc. Turbofan Engines                     through Friday, except Federal holidays.              applicability of AD 2017–20–01. We
                                                                                                         The AD docket contains this NPRM, the                 also determined that the Honeywell
                                                 AGENCY: Federal Aviation                                regulatory evaluation, any comments                   TFE731–20 turbofan engine model was
                                                 Administration (FAA), DOT.                              received, and other information. The                  never produced and should be removed
                                                 ACTION: Notice of proposed rulemaking                   street address for Docket Operations                  from the applicability; and that affected
                                                 (NPRM).                                                 (phone: 800–647–5527) is listed above.                fan disks, P/N 3060267–2, should be
                                                                                                         Comments will be available in the AD                  prohibited from installation unless they
                                                 SUMMARY:   We propose to supersede                      docket shortly after receipt.                         have ‘‘T43374’’ marked adjacent to the
                                                 Airworthiness Directive (AD) 2017–20–                                                                         engine P/N or S/N. This proposed AD
                                                                                                         FOR FURTHER INFORMATION CONTACT:
                                                 01, which applies to certain Honeywell                                                                        would add Honeywell TFE731–20R,
                                                                                                         Joseph Costa, Aerospace Engineer, Los
                                                 International Inc. (Honeywell) TFE731–                                                                        –20AR, –20BR, and TFE731–40R,
                                                                                                         Angeles ACO Branch, FAA, 3960
                                                 20 and TFE731–40 turbofan engines. AD                                                                         –40AR, and –40BR turbofan engine
                                                                                                         Paramount Boulevard, Lakewood, CA,
                                                 2017–20–01 requires removing the                                                                              models to the applicability, remove the
                                                                                                         90712–4137; phone: 562–627–5246; fax:
                                                 affected fan disk and replacing it with                                                                       Honeywell TFE731–20 turbofan engine
                                                                                                         562–627–5210; email: joseph.costa@
                                                 a fan disk eligible for installation. Since                                                                   from the applicability, and prohibit
                                                                                                         faa.gov.
                                                 we issued AD 2017–20–01, we                                                                                   installation of affected fan disks.
                                                 determined that some turbofan engine                    SUPPLEMENTARY INFORMATION:
                                                 models were omitted from the                                                                                  Related Service Information Under 1
                                                                                                         Comments Invited                                      CFR Part 51
                                                 applicability of AD 2017–20–01. This
                                                 proposed AD would add these turbofan                       We invite you to send any written                    We reviewed Honeywell SB TFE731–
                                                 engine models to the applicability,                     relevant data, views, or arguments about              72–5256, Revision 0, dated October 7,
                                                 remove the Honeywell TFE731–20                          this proposed AD. Send your comments                  2016. The SB identifies affected fan
                                                 turbofan engine from the applicability,                 to an address listed under the                        disks by S/N and describes procedures
                                                 and prohibit installation of affected fan               ADDRESSES section. Include ‘‘Docket No.               for removing, inspecting, and replacing
                                                 disks. We are proposing this AD to                      FAA–2018–0719; Product Identifier                     the affected fan disks. This service
                                                 address the unsafe condition on these                   2016–NE–24–AD’’ at the beginning of                   information is reasonably available
                                                 products.                                               your comments. We specifically invite                 because the interested parties have
                                                                                                         comments on the overall regulatory,                   access to it through their normal course
                                                 DATES:  We must receive comments on                     economic, environmental, and energy
                                                 this proposed AD by October 29, 2018.                                                                         of business or by the means identified
                                                                                                         aspects of this NPRM. We will consider                in the ADDRESSES section.
                                                 ADDRESSES: You may send comments,                       all comments received by the closing
                                                 using the procedures found in 14 CFR                    date and may amend this NPRM                          FAA’s Determination
                                                 11.43 and 11.45, by any of the following                because of those comments.                              We are proposing this AD because we
                                                 methods:                                                   We will post all comments we                       evaluated all the relevant information
                                                   • Federal eRulemaking Portal: Go to                   receive, without change, to http://                   and determined the unsafe condition
                                                 http://www.regulations.gov. Follow the                  www.regulations.gov, including any                    described previously is likely to exist or
                                                 instructions for submitting comments.                   personal information you provide. We                  develop in other products of the same
                                                   • Fax: 202–493–2251.                                  will also post a report summarizing each              type design.
                                                   • Mail: U.S. Department of                            substantive verbal contact we receive
                                                 Transportation, Docket Operations, M–                   about this proposed AD.                               Proposed AD Requirements
                                                 30, West Building Ground Floor, Room                                                                             This proposed AD would retain
                                                 W12–140, 1200 New Jersey Avenue SE,                     Discussion                                            certain requirements of AD 2017–20–01.
                                                 Washington, DC, 20590.                                    We issued AD 2017–20–01,                            This proposed AD would add
                                                   • Hand Delivery: Deliver to Mail                      Amendment 39–19058 (82 FR 45173,                      Honeywell TFE731–20R, –20AR, –20BR,
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                                                 address above between 9 a.m. and 5                      September 28, 2017), (‘‘AD 2017–20–                   and TFE731–40AR, –40BR, and –40R
                                                 p.m., Monday through Friday, except                     01’’), for certain Honeywell TFE731–20                turbofan engines with fan disk, P/N
                                                 Federal holidays.                                       and TFE731–40 turbofan engines with                   3060287–2, and a S/N listed in Table 9
                                                   For service information identified in                 fan disk part number, (P/N) 3060287–2,                of Honeywell SB TFE731–72–5256,
                                                 this NPRM, contact Honeywell                            and a serial number (S/N) listed in                   Revision 0, dated October 7, 2016. This
                                                 International Inc., 111 S. 34th Street,                 Table 9 of Honeywell Service Bulletin                 proposed AD would also remove the
                                                 Phoenix, AZ, 85034–2802; phone: 800–                    (SB) TFE731–72–5256, Revision 0,                      Honeywell TFE731–20 turbofan engine
                                                 601–3099 (Toll Free U.S.A./Canada);                     dated October 7, 2016. AD 2017–20–01                  from the applicability and prohibit


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Document Created: 2018-09-14 03:03:45
Document Modified: 2018-09-14 03:03:45
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 and referendum order.
DatesThe referendum will be conducted from October 29, 2018 through November 19, 2018. The representative period for the referendum is September 1, 2016 through August 31, 2017.
ContactGeronimo Quinones, Marketing Specialist, 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]
FR Citation83 FR 46661 
CFR AssociatedCranberries; Marketing Agreements and Reporting and Recordkeeping Requirements

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