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

1677 

Vol. 72, No. 9 

Tuesday, January 16, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Docket No. AMS–FV–06–0172; FV06–929– 

610 Review] 

Cranberries Grown in the States of 

Massachusetts, et al.; Section 610 

Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Confirmation of regulations. 

SUMMARY: This action summarizes the 

results under the criteria contained in 

section 610 of the Regulatory Flexibility 

Act (RFA), of an Agricultural Marketing 

Service (AMS) review of Marketing 

Order No. 929 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. 

ADDRESSES: Interested persons may 

obtain a copy of the review. Requests for 

copies should 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; Email: moab.docketclerk@usda.gov or 

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

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Petrella or Kenneth G. 

Johnson, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, Unit 

155, 4700 River Road, Riverdale, MD 

20737; Telephone: (301) 734–5243, Fax: 

(301) 734–5275, or E-mail: 

Patricia.Petrella@usda.gov or 

Kenneth.Johnson@usda.gov. 

SUPPLEMENTARY INFORMATION: Marketing 

Order 929, as amended (7 CFR part 929), 

regulates 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. The marketing order 

is effective under the Agricultural 

Marketing Agreement Act of 1937 (Act), 

as amended (7 U.S.C. 601–674). 

The Cranberry Marketing Committee 

(Committee) is established under the 

marketing order and works with AMS in 

overseeing program operations. The 

Committee consists of 13 grower 

members and 9 grower alternate 

members representing four districts. 

Membership is allocated among 

producers representing the cooperative 

marketing association and independent 

producers (those not affiliated with the 

cooperative marketing association). The 

cooperative marketing association 

nominates its representatives, while 

independent member representatives 

are nominated and elected through a 

mail balloting process. 

Currently, there are approximately 

1,250 cranberry growers and 

approximately 50 handlers. The 

majority of the growers and handlers 

may be classified as small entities. The 

regulations implemented under the 

orders are applied uniformly to all size 

entities, and are designed to benefit all 

entities, regardless of size. 

AMS published in the Federal 

Register (64 FR 8014; February 18, 

1999), its plan to review certain 

regulations, including Marketing Order 

929, under criteria contained in section 

610 of the RFA (5 U.S.C. 601–612). An 

updated plan was published in the 

Federal Register on January 4, 2002 (67 

FR 525), and again on August 14, 2003 

(68 FR 48574). Accordingly, AMS 

published a notice of review and request 

for written comments on the cranberry 

marketing order in the July 12, 2005, 

issue of the Federal Register (70 FR 

39987). The deadline for comments 

ended September 12, 2005. Numerous 

comments were received and they are 

discussed later in this document. 

The review was undertaken to 

determine whether the cranberry 

marketing order should be continued 

without change, amended, or rescinded 

to minimize the impacts of small 

entities. In conducting this review, AMS 

considered the following factors: (1) The 

continued need for the marketing order; 

(2) the nature of complaints or 

comments received from the public 

concerning the marketing order; (3) the 

complexity of the marketing order; (4) 

the extent to which the marketing order 

overlaps, duplicates, or conflicts with 

other Federal rules, and, to the extent 

feasible, with State and local 

governmental rules; and (5) the length of 

time since the marketing order has been 

evaluated or the degree to which 

technology, economic conditions, or 

other factors have changed in the area 

affected by the marketing order. 

The marketing order authorizes the 

following activities: Volume control to 

help stabilize cranberry supplies and 

prices, and strengthen market 

conditions; generic promotion programs 

to increase demand in domestic and 

foreign markets; and reporting 

requirements used by the Committee to 

obtain production, shipment, and other 

marketing information used by the 

industry in making sound marketing 

decisions, and in furthering marketing 

order goals. Funds to administer the 

marketing order are obtained from 

handler assessments. 

Based on the potential benefits of the 

marketing order to producers, handlers, 

and consumers, AMS has determined 

that the order should continue without 

change. 

In regard to complaints or comments 

received from the public concerning the 

marketing order, USDA has received 23 

comments from cranberry growers and 

other interested parties. 

Six comments were in favor of the 

continuation of the marketing order. 

Several made suggestions for changes to 

the order or its operations, and others 

considered the marketing order to be a 

very valuable tool. The commenters 

suggested the following changes to the 

order. The suggestions include: (1) 

Enlarging the production area by adding 

the States of Maine and Delaware, and 

the entire State of New York. This issue 

was considered during the most recent 

amendment proceeding. It was not 

supported by the evidence of record and 

was not adopted by USDA; (2) Support 

for the redistricting and reallocation of 

members on the Committee and 

appointment of a subcommittee to 

investigate this issue. The order 

authorizes redistricting and reallocation 

of members. A subcommittee on this 

issue was appointed in 2005. At this 

time, no recommendations have been 

made or approved by the Committee to 

redistrict or reallocate membership; and 

(3) Urging USDA to make more timely 

decisions on volume control 

recommendations made by the 

Committee to help growers and handlers 


ycherry on PROD1PC64 with PROPOSALS
1678 Federal Register / Vol. 72, No. 9 / Tuesday, January 16, 2007 / Proposed Rules 

plan accordingly. The rulemaking 

process requires USDA to provide 

adequate notice to interested parties and 

opportunity for comment. Steps are 

taken to complete this process 

efficiently. 

Seventeen comments were received in 

opposition. Some of the commenters 

expressed the belief that the portions of 

the production area where cranberry 

production has not dramatically 

changed over the past ten years should 

not be subject to volume controls, when 

implemented. Also, they believe that 

handlers who can sell all of the fruit 

they acquire should be exempted from 

volume controls. The commenters 

believe that only handlers with an 

oversupply of cranberries should be 

regulated. Similar opposing comments 

were from growers in the State of 

Oregon. Most urged that volume 

regulation not be invoked and, if it is, 

producers in Oregon should be exempt. 

The commenters believe that Oregon 

growers suffered financially when 

volume regulations were implemented 

in 2000–01 and 2001–02 because 

Oregon cranberry farms are small and 

do not significantly impact the overall 

supply. In addition, they would like the 

marketing order rescinded to end the 

negative impacts on production for 

small producers in small production 

areas. 

Modifications to the volume 

regulation provisions were considered 

during the most recent cranberry 

amendment proceeding. Many changes 

were made to improve the process to the 

benefit of producers and handlers and 

were supported in a producer 

referendum. Any additional 

modifications, including providing 

exemptions, would require further 

amendment to the order. 

Marketing order issues and programs 

are discussed at public meetings, and all 

interested persons are allowed to 

express their views. All comments are 

considered in the decision making 

process by the Committee and USDA 

before any program changes are 

implemented. 

In considering the order’s complexity, 

AMS has determined that the marketing 

order is not unduly complex. 

During the review, the order was also 

checked for duplication and overlap 

with other regulations. AMS did not 

identify any relevant Federal rules, or 

State and local regulations that 

duplicate, overlap, or conflict with the 

marketing order for cranberries. 

As stated previously, the order was 

established in 1962. During this time, 

AMS and the cranberry industry have 

continuously monitored marketing 

operations. Changes in regulations have 

been implemented to reflect current 

industry operating practices, and to 

solve marketing problems as they occur. 

The goal of these evaluations is to 

assure that the marketing order and the 

regulations implemented under it fit the 

needs of the industry and are consistent 

with the Act. 

The Committee meets whenever 

needed, but at least bi-annually, to 

discuss the marketing order and the 

various regulations issued thereunder, 

and to determine if, or what, changes 

may be necessary to reflect current 

industry practices. As a result, 

regulatory changes have been made 

numerous times over the years to 

address industry operation changes and 

to improve program administration. In 

2002, the Committee made several 

recommendations to improve the order’s 

volume control provisions. Amendment 

hearings were held in several parts of 

the cranberry production area to receive 

evidence regarding the Committee’s 

recommendations. A referendum was 

held in December 2004 to determine 

producer and processor support for the 

proposed amendments. The proposed 

amendments were favored by both 

producers and processors voting in the 

referendum. 

Accordingly, AMS has determined 

that the cranberry marketing order 

should be continued. The marketing 

order was established to help the 

cranberry industry work with USDA to 

solve marketing problems. The 

marketing order regulations on volume 

control, research and promotional 

activities, and reporting requirements 

continue to be beneficial to producers, 

handlers, and consumers. AMS will 

continue to work with the cranberry 

industry in maintaining an effective 

program. 

Dated: January 9, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–424 Filed 1–12–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Docket No. AMS–FV–06–0174; FV06–929–

1 PR] 

Cranberries Grown in the States of 

Massachusetts, et al.; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule would increase the 

assessment rate established for the 

Cranberry Marketing Committee 

(Committee) for the 2006–2007 fiscal 

year and subsequent fiscal years from 

$0.18 to $0.28 per barrel. Authorization 

to assess cranberry handlers enables the 

Committee to incur expenses that are 

reasonable and necessary to administer 

the program. The Committee locally 

administers the marketing order 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 fiscal year 

began September 1, 2006, and ends 

August 31, 2007. The assessment rate 

will remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Comments must be received by 

February 15, 2007. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this action. Comments must 

be sent to the Docket Clerk, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938, E-mail: 

moabdocket.clerk@usda.gov; or Internet: 

http://www.regulations.gov. All 

comments should reference the docket 

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.ams/ 

usda.gov/fv/moab/html. 

FOR FURTHER INFORMATION CONTACT: 

Patricia A. Petrella or Kenneth G. 

Johnson, DC Marketing Field Office, 

Fruit and Vegetable Programs, AMS, 

USDA, Unit 155, 4700 River Road, 

Riverdale, Maryland 20737; telephone: 

(301) 734–5243, Fax: (301) 734–5275, or 

E-mail at Patricia.Petrella@usda.gov or 

Kenneth.Johnson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

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: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 929, as amended (7 CFR 

part 929), regulating the handling of 

cranberries produced in the States of 

Massachusetts, Rhode Island, 


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