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.

Proposed Rules Federal Register

22431 

Vol. 80, No. 77 

Wednesday, April 22, 2015 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Doc. No. AMS–FV–14–0091; FV15–929–1 

PR] 

Cranberries Grown in States of 

Massachusetts, et al.; Revising 

Determination of Sales History 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement a recommendation from the 

Cranberry Marketing Committee 

(Committee) to revise the determination 

of sales history provisions currently 

prescribed under the cranberry 

marketing order (order). The Committee, 

which consists of 13 growers and 1 

public member, locally administers the 

order regulating the handling of 

cranberries grown in Massachusetts, 

Rhode Island, Connecticut, New Jersey, 

Wisconsin, Michigan, Minnesota, 

Oregon, Washington, and Long Island in 

the State of New York. Under the order, 

there are two different sales history 

calculations that have been established 

for this program. This action would 

clarify when the different methods for 

calculating sales history would be used. 

This action would also remove the fresh 

fruit exemption from one of the 

calculations. 

DATES: Comments must be received by 

May 7, 2015. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

must be sent to the Docket Clerk, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

comments should reference the 

document number and the date and 

page number of this issue of the Federal 

Register and will be made available for 

public inspection in the Office of the 

Docket Clerk during regular business 

hours, or can be viewed at: http://

www.regulations.gov. All comments 

submitted in response to this proposal 

will be included in the record and will 

be made available to the public. Please 

be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist, or 

Christian D. Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 291–8614, or Email: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jeffrey Smutny, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence 

Avenue SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or Email: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal is issued under Marketing 

Agreement and 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, 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 proposed rule in 

conformance with Executive Orders 

12866, 13563, and 13175. 

This proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This proposed 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. 

There are two sales history 

calculations in effect under two separate 

sections of the order. This action would 

clarify when the different methods for 

calculating sales history would be used. 

This proposed rule also invites 

comments on the removal of the 

exemption for fresh fruit from the sales 

history calculation found in § 929.149. 

The Committee unanimously 

recommended these changes at meetings 

held on February 10, and August 20, 

2014. 

The order provides authority for 

volume control in the form of a 

producer allotment program. When in 

effect, this program limits the quantity 

of cranberries that handlers may 

purchase or handle on behalf of growers 

in years of oversupply. Each year, prior 

to determining if volume regulation is 

needed, grower sales histories are 

calculated. The sales history averages 

recent years’ sales data using 

information submitted by each grower 

on a production and eligibility report 

filed with the Committee. If the 

Committee determines that volume 

regulation is needed, a producer 

allotment percentage is calculated. Each 

grower’s allotment of cranberries 

eligible for handling is then calculated 

by multiplying the allotment percentage 

by the grower’s sales history. 

Section 929.48 of the order contains 

provisions for computing an annual 

grower sales history. Section 929.48 also 

provides that the Committee, with the 

approval of the Secretary, may establish 

alternative grower’s sales history 

calculations as warranted. One such 

alternative calculation is established in 

§ 929.149. This alternative calculation 

supplements the calculation found in 

§ 929.48 by including an additional 

sales history for growers with new and 

renovated acreage. It also provides that 


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22432 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules 

the sales history be computed for 

processed fruit only, with fresh fruit 

sales deducted from the calculation. The 

alternative calculation method 

established in § 929.149 was developed 

for the 2001–02 marketing year, the last 

time volume regulation was 

implemented, and was recently revised 

so that it could be used for any season. 

The Committee believes the 

provisions in the alternative sales 

history calculation are beneficial and 

provide equity to growers who have 

recently planted or renovated acreage. 

However, the alternative method for 

calculating sales history requires 

physical verification of the renovated or 

new acreage, thus resulting in 

additional costs to the Committee. 

When considering the costs and the 

benefits of both sales history calculation 

methods, the Committee concluded that 

the method in § 929.48 was adequate for 

annual calculations when volume 

regulation was not anticipated. 

However, due to the importance of a 

grower’s sales history in the 

determination of that grower’s allotment 

during years of volume regulation, the 

inclusion of new and renovated acreage 

is paramount. Accordingly, the 

Committee concluded that the sales 

history calculation in § 929.149 should 

be used in all years when volume 

regulation is anticipated. 

Consequently, at its February 10 and 

August 20, 2014, meetings, the 

Committee recommended that the 

alternative calculation method found in 

§ 929.149 only apply during times when 

a producer allotment volume regulation 

is being implemented. When a producer 

allotment volume regulation is not being 

implemented, the Committee would 

calculate grower’s sales history 

according to the provisions provided in 

§ 929.48 of the order. 

The Committee also recommended 

revising the alternative calculation 

method in § 929.149 by removing the 

exemption for fresh fruit sales. 

Committee members stated that 

automatically exempting fresh fruit from 

the sales history calculation provides 

the grower with an inaccurate 

representation of their total sales. 

Further, the exclusion of fresh fruit 

affects the industry’s total sales history, 

which is used to determine the 

allotment percentage under a producer 

allotment program. The Committee 

believes if any exemptions to future 

producer allotment calculations are 

warranted, such exemptions should be 

considered and recommended to USDA 

as part of a proposed volume regulation. 

Removing the fresh exemption 

provision from the alternative 

calculation would allow the Committee 

to determine, on an as-needed basis, 

whether or not volume regulation 

should apply to the fresh cranberry 

supply. 

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 

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 1,300 

cranberry growers in the regulated area 

and approximately 45 cranberry 

handlers who are subject to regulation 

under the marketing order. Small 

agricultural producers are defined by 

the Small Business Administration 

(SBA) as those having annual receipts of 

less than $750,000 and small 

agricultural service firms are defined as 

those having annual receipts of less than 

$7,000,000 (13 CFR 121.201). 

According to industry and Committee 

data, grower prices ranged between $15 

and $47 per barrel for cranberries during 

the 2012–13 marketing year, and total 

sales were around 7.8 million barrels. 

Based on production data and grower 

prices, the average annual grower 

revenue is below $750,000. Using 

Committee information and shipment 

data, 44 out of the 45 cranberry handlers 

could also be considered small 

businesses under SBA’s definition. 

Therefore, the majority of cranberry 

growers and handlers may be classified 

as small entities. 

This proposal would revise the rules 

and regulations pertaining to the 

determination of sales history currently 

prescribed in § 929.149 of the order. 

There are two sales history calculations 

under two separate sections of the order. 

This action would clarify when the 

different methods for calculating sales 

history would be used. It would also 

remove the exemption for fresh fruit 

from the calculation method found in 

§ 929.149. These changes were 

unanimously recommended by the 

Committee at meetings held on February 

10, and August 20, 2014. Authority for 

these changes is provided in § 929.48 of 

the order. 

It is not anticipated that this action 

would impose any additional costs on 

the industry. Each year, the Committee 

is required to calculate a sales history 

for each grower. This rule would clarify 

that the alternative sales history 

calculation method established under 

§ 929.149 would only apply when a 

producer allotment regulation is being 

implemented. The calculation method 

found in § 929.48 would be used when 

volume regulation is not being 

implemented. 

Removing the fresh exemption 

provision from the calculation found in 

§ 929.149 would allow the Committee to 

determine, on an as-needed basis, 

whether or not volume regulation 

should apply to the fresh cranberry 

supply. It also would provide growers, 

and the Committee, with a more 

accurate representation of their sales 

history. The benefits of this proposed 

rule are not expected to be 

disproportionately greater or lesser for 

small handlers or producers than for 

large entities. 

The Committee considered the 

alternative of making no changes to the 

rules and regulations pertaining to the 

determination of sales history. However, 

the Committee recognized that this 

change would help the industry avoid 

the additional costs of acreage 

verification in years when volume 

regulation is not being implemented. 

Also, the Committee agreed that the 

current grower sales history tabulation 

exempting fresh fruit was not 

representative of the actual sales. 

Therefore, this alternative was rejected. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the order’s information 

collection requirements have been 

previously approved by the Office of 

Management and Budget (OMB) and 

assigned OMB No. 0581–0189, Generic 

Fruit Crops. No changes in those 

requirements as a result of this action 

are necessary. Should any changes 

become necessary, they would be 

submitted to OMB for approval. 

This action 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. 


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Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Proposed Rules 22433 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap or conflict with this 

proposed rule. 

Further, the Committee’s meetings 

were widely publicized throughout the 

cranberry industry and all interested 

persons were invited to attend the 

meetings and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the February 10, 

and August 20, 2014, meetings were 

public meetings 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/ 

MarketingOrdersSmallBusinessGuide. 

Any questions about the compliance 

guide should be sent to Jeffrey Smutny 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposal. Fifteen days is deemed 

appropriate because this proposed rule 

would need to be in place as soon as 

possible as the Committee is beginning 

discussions regarding establishing a 

producer allotment volume regulation 

for the coming season. As such, it would 

be important to have these changes in 

place as the Committee moves forward 

with these discussions and potential 

implementation. All written comments 

timely received will be considered 

before a final determination is made on 

this matter. 

List of Subjects in 7 CFR Part 929 

Cranberries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 929 is proposed to 

be amended as follows: 

PART 929—CRANBERRIES GROWN IN 

THE STATES OF MASSACHUSETTS, 

RHODE ISLAND, CONNECTICUT, NEW 

JERSEY, WISCONSIN, MICHIGAN, 

MINNESOTA, OREGON, 

WASHINGTON, AND LONG ISLAND IN 

THE STATE OF NEW YORK 

■ 1. The authority citation for 7 CFR 

part 929 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

§ 929.149 [Amended] 

■ 2. In § 929.149, the words ‘‘when a 

producer allotment volume regulation is 

in effect’’ are added to the end of the 

introductory text, and paragraphs (e) 

and (f) are removed. 

Dated: April 16, 2015. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2015–09291 Filed 4–21–15; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Docket No. AMS–FV–15–0014; FV15–929– 

2] 

Cranberries Grown in States of 

Massachusetts, et. al.; Continuance 

Referendum 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Referendum order. 

SUMMARY: This document directs that a 

referendum be conducted among 

eligible producers 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, to determine 

whether they favor continuance of the 

marketing order regulating the handling 

of cranberries grown in the production 

area. 

DATES: The referendum will be 

conducted from May 4 through May 26, 

2015. To vote in this referendum, 

producers must have produced 

cranberries within the designated 

production area during the period 

September 1, 2013, through August 31, 

2014. 

ADDRESSES: Copies of the marketing 

order may be obtained from the 

referendum agents at 1124 First Street 

South, Winter Haven, FL 33880, or the 

Office of the Docket Clerk, Marketing 

Order and Agreement Division, Fruit 

and Vegetable Program, AMS, USDA, 

1400 Independence Avenue SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938; or Internet: 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, Marketing Specialist, or 

Christian D. Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1124 First Street South, 

Winter Haven, FL 33880; Telephone: 

(863) 324–3375, Fax: (863) 291–8614, or 

Email: Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: Pursuant 

to Marketing Agreement and Order No. 

929, as amended (7 CFR part 929), 

hereinafter referred to as the ‘‘order,’’ 

and the applicable provisions of the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act,’’ it is 

hereby directed that a referendum be 

conducted to ascertain whether 

continuance of the order is favored by 

the producers. The referendum shall be 

conducted from May 4 through May 26, 

2015, among cranberry growers in the 

production area. Only cranberry 

producers that were engaged in the 

production of cranberries, during the 

period of September 1, 2013, through 

August 31, 2014, may participate in the 

continuance referendum. 

USDA has determined that 

continuance referenda are an effective 

means for determining whether 

producers favor the continuation of 

marketing order programs. USDA would 

terminate the order if less than 50 

percent of the producers voting in the 

referendum and producers of less than 

50 percent of the volume of cranberries 

represented in the referendum favor 

continuance. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520), the ballot materials to be used in 

the referendum have been submitted to 

and approved by the Office of 

Management and Budget (OMB) and 

have been assigned OMB No. 0581– 

0189, Generic Fruit Crops. It has been 

estimated that it will take an average of 

20 minutes for each of the 

approximately 1,300 producers of 

cranberries to cast a ballot. Participation 

is voluntary. Ballots postmarked after 

May 26, 2015, will not be included in 

the vote tabulation. 

Doris Jamieson and Christian D. 

Nissen of the Southeast Marketing Field 

Office, Fruit and Vegetable Program, 

AMS, USDA, are hereby designated as 

the referendum agents of the Secretary 

of Agriculture to conduct this 

referendum. The procedure applicable 

to the referendum shall be the 

‘‘Procedure for the Conduct of 

Referenda in Connection With 

Marketing Orders for Fruits, Vegetables, 

and Nuts Pursuant to the Agricultural 

Marketing Agreement Act of 1937, as 

Amended’’ (7 CFR 900.400–900.407). 

Ballots will be mailed to all producers 

of record and may also be obtained from 

the referendum agents, or from their 

appointees. 


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