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the Small Business Administration (SBA) as those having annual receipts of less than $7,000,000, and small agricultural producers are defined as those whose annual receipts are less than $750,000 (13 CFR 121.201).

Based on Committee data and
information from the National Agricultural Statistics Service, the average annual f.o.b. price of cranberries during the 2010 season was approximately $46.50 per barrel and total shipments were approximately 6.8 million barrels. As a percentage, about 18 percent of the handlers shipped approximately 6.5 million barrels of cranberries. Using the average f.o.b. price and shipment data, about 82 percent of cranberry handlers could be
considered small businesses under SBA’s definition. In addition, based on production and producer prices and the total number of cranberry growers, the average grower revenue is less than $750,000. Therefore, the majority of growers and handlers of cranberries may
be considered small entities.

This rule continues in effect the action that revised the reporting requirements prescribed under the cranberry marketing order. This rule revises § 929.105 by changing the due date for the third reporting period from August 20 to July 20. To accommodate the new due date, this rule also adjusts
the end date for the timeframe covered under the third period reporting from July 31 to June 30 for cranberries acquired and handled, and from August 1 to June 30 for reporting inventory held. These changes will help ensure the Committee has current and complete
information available for discussion during its annual August meeting, while providing handlers sufficient time to submit their Handler Inventory Report (Form HIR). The authority for these actions is provided in § 929.62. These changes were unanimously recommended by the Committee at a meeting on August 31, 2011.

It is not anticipated that this action will impose any additional costs on the industry nor will it change the reporting and recordkeeping burden on handlers. Having current and complete information available during the Committee’s August meeting will assist the Committee when making decisions regarding the administration of the
order. The benefits of this rule are not expected to be disproportionately greater or less for small handlers or growers than for large entities.

In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), the order’s information collection requirements have been previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0189, Generic Fruit Crops. Because this revision changes neither the content of the Handler Inventory Report (Form HIR) nor its calculated burden, no changes in OMB requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval.

This rule will 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with

this rule.

Further, 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. Like all Committee meetings, the August 31, 2011, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue.

Comments on the interim rule were required to be received on or before October 29, 2012. No comments were received. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule, without change.

To view the interim rule, go to: http:// www.regulations.gov/ #!documentDetail;D=AMS-FV-12-0002-

0001.

This action also affirms information contained in the interim rule concerning Executive Orders 12866 and 12988, the Paperwork Reduction Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).

After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (77 FR 52595, August 30, 2012)

will tend to effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 929

Cranberries, Marketing agreements, Reporting and recordkeeping requirements. **PART 929—CRANBERRIES GROWN IN STATES OF MASSACHUSETTS,**  **RHODE ISLAND, CONNECTICUT, NEW JERSEY, WISCONSIN, MICHIGAN,**  **MINNESOTA, OREGON, WASHINGTON, AND LONG ISLAND IN** 
**THE STATE OF NEW YORK**

■ Accordingly, the interim rule that amended 7 CFR part 929 and that was published at 77 FR 52595 on August 30, 2012, is adopted as a final rule, without change.

Dated: April 22, 2013. David R. Shipman, Administrator, Agricultural Marketing

Service.

[FR Doc. 2013–09817 Filed 4–24–13; 8:45 am]

**BILLING CODE 3410–02–P**

**DEPARTMENT OF AGRICULTURE**

**Agricultural Marketing Service**

**7 CFR Part 1000**

**[Doc. no. AMS–DA–07–0026; AO–14–A77, et al.; DA–07–02]** 

**Milk in the Northeast and Other Marketing Areas; Order Amending the** 
**Orders**

**AGENCY :**  Agricultural Marketing Service,

USDA.

**ACTION :**  Final rule.

**SUMMARY :**  This final rule permanently adopts changes to the manufacturing cost allowances and the butterfat yield
factor used in Class III and Class IV product-price formulas applicable to all Federal milk marketing orders. These amendments were adopted by an interim final rule issued on July 25, 2008, that became effective on October 1, 2008. More than the required number of producers approved the issuance of
the orders as amended.

**DATES :**  Effective Date: July 1, 2013.

**FOR FURTHER INFORMATION CONTACT :**  William Francis, Director, Order Formulation and Enforcement Division, USDA/AMS/Dairy Programs, Order Formulation and Enforcement, Stop 0231-Room 2971–S 1400 Independence Avenue SW., Washington, DC 20250– 0231, (202) 720–7183, email address: william.francis@ams.usda.gov.

**SUPPLEMENTARY INFORMATION :**  This final rule finalizes manufacturing (make) allowances for cheese, butter, nonfat dry milk (NFDM) and dry whey contained in the Class III and Class IV product price formulas that were implemented October 1, 2008, on an interim basis. Specifically, this decision finalizes the following make allowances: cheese


### 24335 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations

($0.2003 per pound); butter ($0.1715 per pound); NFDM ($0.1678 per pound); and dry whey ($0.1991 per pound). In addition, the butterfat yield factor in the butterfat price formula continues to be

1.211.

Accordingly, this final rule adopts proposed amendments detailed in the final decision (78 FR 9248).

This administrative action is governed by the provisions of sections 556 and
557 of Title 5 of the United States Code and, therefore, is excluded from the requirements of Executive Order 12866.

This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended
to have a retroactive effect.

The Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674) (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 request modification or exemption from such order by filing with the Department of Agriculture (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 the law. A handler is afforded the opportunity for a hearing on the petition. After a 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 its principal place of business, has jurisdiction in equity to review USDA’s ruling on the petition, provided a bill in equity is filed not later than 20 days after the date of the entry of the ruling.

Regulatory Flexibility Act and Paperwork Reduction Act

In accordance with the Regulatory Flexibility Act (5 U.S.C. 601–612), the Agricultural Marketing Service has considered the economic impact of this
action on small entities and has certified
that this rule would not have a significant economic impact on a
substantial number of small entities. For the purposes of the Regulatory Flexibility Act, a dairy farm is
considered a small business if it has an annual gross revenue of less than $750,000, and a dairy products
manufacturer is a small business if it has fewer than 500 employees.

For the purposes of determining which dairy farms are small businesses, the $750,000 per year criterion was used to establish a marketing guideline of 500,000 pounds per month. Although this guideline does not factor in additional monies that may be received by dairy producers, it should be an inclusive standard for most small dairy farms. For purposes of determining a handler’s size, if the plant is part of a larger company operating multiple plants that collectively exceed the 500- employee limit, the plant will be considered a large business even if the local plant has fewer than 500 employees.

For the month of February 2007, the month the initial public hearing was held, the milk of 49,712 dairy farms were pooled on the Federal order system. Of the total, 46,729 dairy farms, or 94 percent, were considered small businesses. During the same month, 352 plants were regulated by or reported their milk receipts to be pooled and priced on a Federal order. Of the total, 186 plants, or 53 percent, were
considered small businesses.

This decision finalizes the make
allowances contained in the formulas used to compute component prices and the minimum class prices in all Federal milk orders. Specifically, the make
allowance for butter continues to be $0.1715 per pound (initially increased from $0.1202 per pound), the make
allowance for cheese continues to be $0.2003 per pound (initially increased from $0.1682 per pound), the make
allowance for NFDM continues to be $0.1678 per pound (initially increased from $0.1570 per pound), and the make allowance for dry whey continues to be $0.1991 per pound (initially increased from $0.1956 per pound). Finally, the butterfat yield factor in the butterfat price formulas continues to be 1.211 (initially increased from 1.20).

These make allowances serve to approximate the average cost of producing cheese, butter, NFDM and dry whey for manufacturing plants located in Federal milk marketing areas.
The established criteria for the make allowance changes are applied in an identical fashion to both large and small businesses and will not have any different impact on those businesses producing manufactured milk products.

An economic analysis has been performed that discusses impacts of the proposed amendments on industry participants including producers and
manufacturers. It can be found on the
AMS Web site at www.ams.usda.gov/ dairy. Based on that economic analysis we have concluded that the proposed amendments will not have a significant economic impact on a substantial
number of small entities.

The Agricultural Marketing Service (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.

This final rule does not require
additional information collection that needs clearance by the Office of Management and Budget (OMB) beyond currently approved information collection. The primary sources of data used to complete the forms are routinely
used in most business transactions. Forms require only a minimal amount of information that can be supplied without data processing equipment or a trained statistical staff. Thus, the information collection and reporting burden is relatively small. Requiring the same reports for all handlers does not significantly disadvantage any handler that is smaller than the industry

average.
Prior Documents in This Proceeding

Notice of Hearing: Issued February 5, 2007; published February 9, 2007 (72 FR 6179).

Supplemental Notice of Hearing: Issued February 14, 2007; published February 20, 2007 (72 FR 7753).

Notice to Reconvene Hearing: Issued March 15, 2007; published March 21, 2007 (72 FR 13219).

Notice to Reconvene Hearing: Issued May 2, 2007; published May 8, 2007 (72 FR 25986).

Tentative Partial Final Decision: Issued June 16, 2008; published June 20, 2008 (73 FR 35306).

Interim Final Rule: Issued July 25, 2008; published July 31, 2008 (73 FR 44617).

Delay of Effective Date: Issued August 28, 2008; published September 3, 2008 (73 FR 51352).

Final Decision: Issued February 1, 2013; published February 7, 2013 (78 FR 9248)

Findings and Determinations

The findings and determinations hereinafter set forth supplement those
that were made when the Northeast and
other orders were first issued and when they were amended. The previous findings and determinations are hereby ratified and confirmed, except where they may conflict with those set forth
herein.

The following findings are hereby made with respect to the Northeast and other marketing orders:

(a) Findings upon the basis of the hearing record.

A public hearing was held upon certain proposed amendments to the tentative marketing agreements and to the orders regulating the handling of
milk in the Northeast and other marketing areas. The hearing was held


### 24336 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations

1 28 U.S.C. 2461 note.

2 Public Law 112–141, 126 Stat. 405 (July 6, 2012).

3 See 28 U.S.C. 2461 note. Section 3(2) of the amended Inflation Adjustment Act defines a CMP as any penalty, fine, or other sanction that: (1) Either is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law; and (2) is assessed or enforced by an agency pursuant to Federal law; and (3) is assessed or enforced pursuant to an administrative proceeding or a civil action in the
Federal courts.

4 The CPI is published by the Department of Labor, Bureau of Statistics, and is available at its
Web site: ftp://ftp.bls.gov/pub/special.requests/cpi/ cpiai.txt

. pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674) (Act), and the applicable rules of practice and procedure (7 CFR part 900).

Upon the basis of the evidence introduced at such hearing and the record thereof, it is found that:

(1) The said orders as hereby amended, and all of the terms and conditions thereof, will tend to effectuate the declared policy of the Act;

(2) The parity prices of milk, as determined pursuant to section 2 of the Act, are not reasonable in view of the price of feeds, available supplies of feeds, and other economic conditions which affect market supply and demand for milk in the aforesaid marketing areas. The minimum prices specified in the orders as hereby amended are such prices as will reflect the aforesaid factors, insure a sufficient quantity of pure and wholesome milk, and be in the public interest; and

(3) The said orders, as hereby amended, regulate the handling of milk in the same manner as, and is applicable only to persons in the respective classes of industrial or commercial activity specified in, a marketing agreement upon which a hearing has been held.

(b) Determinations. It is hereby
determined that:

(1) The refusal or failure of handlers (excluding cooperative associations specified in Section 8c(9) of the Act) of more than 50 percent of the milk, which is marketed within the specified marketing areas, to sign a proposed marketing agreement, tends to prevent the effectuation of the declared policy of the Act;

(2) The issuance of this order amending the Northeast and other orders is the only practical means pursuant to the declared policy of the Act of advancing the interests of producers as defined in the orders as hereby amended;

(3) The issuance of this order amending the Northeast and other orders is favored by at least two-thirds of the producers who were engaged in the production of milk for sale in the respective marketing areas.

List of Subjects in 7 CFR Part 1000

Milk marketing orders.

Order Relative to Handling

It is therefore ordered, that on and after the effective date hereof, the handling of milk in the Northeast and other marketing areas shall be in conformity to and in compliance with the terms and conditions of the orders, as amended, and as hereby amended, as
follows: The provisions of the order amending
the orders contained in the interim amendments of the orders issued by the Administrator, Agricultural Marketing Service, on July 25, 2008, and published
in the Federal Register on July 31, 2008, (73 FR 44617), are adopted and shall be the terms and provisions of these orders.

Dated: April 22, 2013. David R. Shipman, Administrator, Agricultural Marketing

Service.

[FR Doc. 2013–09819 Filed 4–24–13; 8:45 am]

**BILLING CODE 3410–02–P**

**FARM CREDIT ADMINISTRATION**

**12 CFR Part 622**

**RIN 3052–AC87**

**Rules of Practice and Procedure; Adjusting Civil Money Penalties for** 
**Inflation**

**AGENCY :**  Farm Credit Administration.

**ACTION :**  Final rule.

**SUMMARY :**  This regulation implements inflation adjustments to civil money penalties (CMPs) that the Farm Credit Administration (FCA) may impose pursuant to the Farm Credit Act of 1971, as amended (Farm Credit Act), and pursuant to the Flood Disaster Protection Act of 1973, as amended by
the National Flood Insurance Reform Act of 1994 (Reform Act), and further amended by the Biggert-Waters FloodInsurance Reform Act of 2012 (BiggertWaters Act). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (Inflation Adjustment Act), requires all Federal agencies with the authority to impose
CMPs to evaluate those CMPs periodically to ensure that they
continue to maintain their deterrent value and promote compliance with the
law.

**DATES :**  This regulation is effective on July 1, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Michael T. Wilson, Policy Analyst, Office of Regulatory Policy, Farm Credit Administration, McLean, VA 22102– 5090, (703) 883–4124, TTY (703) 883– 4056, or Nancy Tunis, Senior Attorney, Office of General Counsel, Farm Credit Administration, McLean, VA 22102– 5090, (703) 883–4061, TTY (703) 883–

4056.

**SUPPLEMENTARY INFORMATION :** 
I. Objective

The objectives of this regulation are

to: • Adjust for inflation the maximum
amount of CMPs that the FCA has jurisdiction to administer pursuant to
the Farm Credit Act in accordance with the requirements of the Inflation Adjustment Act, 1 and

• Implement the provisions for the maximum amount of CMPs provided by the Biggert-Waters Act. 2

II. Background

A. Federal Civil Penalties Inflation Adjustment Act of 1990, as Amended

The Inflation Adjustment Act requires every Federal agency with authority to

issue CMPs 3 to enact regulations that adjust its CMPs pursuant to the inflation adjustment formula in section 5(b) of the Inflation Adjustment Act. Each Federal agency was required to issue these regulations by October 23, 1996, and, thereafter, to evaluate and adjust the CMPs when necessary, but at least once every 4 years. Section 6 of the amended Inflation Adjustment Act specifies that inflation-adjusted CMPs will apply only to violations that occur
after the effective date of the adjustment. The inflation adjustment is based on the percentage increase in the Consumer Price Index (CPI). 4 Specifically, section 5(b) of the InflationAdjustment Act defines the term ‘‘costof-living adjustment’’ as ‘‘the percentage (if any) for each civil monetary penalty by which (1) the Consumer Price Index for the month of June of the calendar year preceding the adjustment, exceeds (2) the Consumer Price Index for the month of June of the calendar year in
which the amount of such civil monetary penalty was last set or adjusted pursuant to law.’’ Furthermore, the increase for each CMP adjusted for inflation must be rounded using a method prescribed by section 5(a) of the Inflation Adjustment Act. FCA made its last adjustments to CMPs in January

2009.

B. CMPs Issued Under the Farm Credit

Act

The adjustment requirement affects two provisions of section 5.32(a) of the