[Federal Register: February 5, 2010 (Volume 75, Number 24)]
[Proposed Rules]               
[Page 5898-5899]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05fe10-10]                         


	
	
	
	

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.

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[[Page 5898]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Doc. No. AMS-FV-09-0073; FV10-929-1 PR]

 
Cranberries Grown in the States of Massachusetts, Rhode Island, 
Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, 
Washington, and Long Island in the State of New York; Changes to 
Reporting Dates

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This rule invites comments on proposed changes to the 
reporting dates prescribed under the marketing order that 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 order 
is administered locally by the Cranberry Marketing Committee 
(Committee). This rule would revise the due dates of handler reports to 
provide more time for handlers to file their reports with the 
Committee, and would improve handler compliance with the order's 
reporting regulations.

DATES: Comments must be received by March 8, 2010.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
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 rule 
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: Patricia A. Petrella, Marketing 
Specialist or Kenneth G. Johnson, Regional Manager, DC Marketing Field 
Office, Marketing Order Administration Branch, Fruit and Vegetable 
Programs, AMS, USDA; Telephone: (301) 734-5243, Fax: (301) 734-5275, or 
E-mail: Patricia.Petrella@ams.usda.gov or Kenneth.Johnson@ams.usda.gov.
    Small businesses may request information on complying with this 
regulation by contacting Antoinette Carter, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or E-mail: 
Antoinette.Carter@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing 
Agreement and Order No. 929, both as amended (7 CFR part 929), 
regulating the handling of cranberries produced in States of 
Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, 
Michigan, Minnesota, Oregon, Washington, and Long Island in the State 
of New York, hereinafter referred to as the ``order.'' The order is 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    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 not later than 20 days after the date of 
the entry of the ruling.
    This proposal invites comments on revising the due dates of handler 
reports from January 5, May 5, and August 5 of each fiscal period and 
September 5 of the succeeding fiscal period to January 20, May 20, and 
August 20 of each fiscal period and September 20 of the succeeding 
period, respectively. The proposed dates would provide more time for 
handlers to file their reports. It has become more difficult for 
handlers to meet the current filing deadlines due to the demands of 
growing domestic and international markets and the larger volumes of 
cranberries handled.
    Currently, Sec.  929.62(d) of the order provides that each handler 
shall, upon request of the Committee, file promptly with the Committee 
a certified report as to the quantity of cranberries handled during any 
designated period or periods. Further, Sec.  929.105 provides that 
certified reports shall be filed with the Committee, on a form provided 
by the Committee, by each handler not later than January 5, May 5, and 
August 5 of each fiscal period and by September 5 of the succeeding 
fiscal period. These reports must show the total quantity of 
cranberries acquired and the total quantity of cranberries and 
Vaccinium oxycoccus cranberries the handler handled from the beginning 
of the reporting period indicated through December 31, April 30, July 
31, and August 31, respectively. The reports must also show the total 
quantity of cranberries and Vaccinium oxycoccus cranberries as well as 
cranberry products and Vaccinium oxycoccus cranberry products held by 
the handler on January 1, May 1, August 1, and August 31 of each fiscal 
period. Information to be submitted to the Committee on the handler 
reports would not be changed by this action.
    The Committee recommended that the order's reporting regulations be 
changed

[[Page 5899]]

to allow handlers additional time to submit these reports. Over time, 
the amount of cranberries being grown and handled has increased, and 
the greater demands associated with expanding markets have made it 
increasingly difficult for handlers to gather the information required 
for the reports before the filing deadline.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this action on small entities. 
Accordingly, AMS has prepared this initial regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business 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 80 handlers of cranberries who are subject 
to regulation under the marketing order and approximately 1,200 
cranberry growers in the regulated area. Small agricultural service 
firms are defined by the Small Business Administration (SBA) (13 CFR 
121.201) as those having annual receipts of less than $7,000,000, and 
small agricultural producers are defined as those having annual 
receipts of less than $750,000. Based on information maintained by the 
Committee, the majority of growers and handlers of cranberries under 
the order would be considered small entities under SBA's standards.
    Under the order, handlers are required to submit acquisition, 
handling, and inventory reports to the Committee four times per year. 
Such information is used by the Committee in the administration of the 
order. The currently prescribed due dates follow the end of each 
respective reporting period by five days. Handlers indicated that it 
has become difficult to comply with the current reporting deadlines 
because five days is not enough time to compile the information 
required for the reports.
    This proposal invites comments on revising the due dates of 
mandatory handler reports from January 5, May 5, and August 5 of each 
fiscal period; and September 5 of the succeeding fiscal period to 
January 20, May 20, and August 20 of each fiscal period; and September 
20 of the succeeding period, respectively. The proposed dates would 
provide more time for handlers to file their reports.
    At its August 21, 2009, meeting, the Committee discussed whether 
the current due dates needed to be changed to allow more time for 
handlers to comply with the reporting requirements. The Committee staff 
indicated that compliance with the order's reporting requirements would 
improve if handlers were given additional time to file the reports.
    The Committee discussed alternatives to this change, including not 
making the change at all. However, the Committee believes that this 
change is necessary to ensure that handlers have adequate time to 
comply with the order's requirements.
    This rule is not expected to have any economic impact on growers or 
handlers of any size. The benefits of this rule are not expected to be 
disproportionately greater or less for small handlers or growers than 
for larger entities.
    This proposed rule would not impose any 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.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap or conflict with this proposed rule.
    In addition, the Committee's meeting was widely publicized 
throughout the cranberry industry and all interested persons were 
invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the August 
21, 2009, meeting was a public meeting and all entities, both large and 
small, were able to express views on this issue. Finally, interested 
persons are invited to submit comments on this proposed rule, including 
the regulatory and informational impacts of this action on small 
businesses.
    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. Any questions about the compliance guide should be 
sent to Antoinette Carter at the previously mentioned address in the 
FOR FURTHER INFORMATION CONTACT section.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. Thirty days is deemed appropriate because 
this rule, if adopted, should be in place as soon as possible to inform 
handlers of the new reporting deadline in May of 2010. All written 
comments timely received will be considered before a final 
determination is made on this matter.

List of Subjects in 7 CFR Part 987

    Marketing agreements, Reporting and recordkeeping requirements, 
Cranberries.

    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

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

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

    2. In Sec.  929.105, the introductory text of paragraph (b) is 
revised to read as follows:


Sec.  929.105  Reporting.

* * * * *
    (b) Certified reports shall be filed with the committee, on a form 
provided by the committee, by each handler not later than January 20, 
May 20, and August 20 of each fiscal period and by September 20 of the 
succeeding fiscal period showing:
* * * * *

    Dated: February 2, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-2546 Filed 2-4-10; 8:45 am]
BILLING CODE 3410-02-P