18394 Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Doc. No. AMS–FV–09–0070; FV09–929–1 

FR] 

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; Revised 

Nomination and Balloting Procedures 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the 

nomination and balloting procedures for 

independent growers on the Cranberry 

Marketing Committee (Committee). The 

order regulates the handling of 

cranberries produced in the States of 

Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York, and is administered 

locally by the Committee. This rule 

revises the nomination and balloting 

procedures for independent growers to 

allow them to participate in the election 

process for either a member or alternate 

member on the Committee. The current 

procedures do not provide for an 

election process for each position 

separately. 

DATES: Effective Date: April 13, 2010. 

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 final 

rule is issued under Marketing 

Agreement and Order No. 929, both as 

amended (7 CFR part 929), regulating 

the handling of cranberries produced 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 rule in 

conformance with Executive Order 

12866. 

This final rule 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 rule revises the nomination and 

balloting procedures for independent 

growers on the Committee. This rule 

revises the procedures for independent 

growers to allow them to participate in 

the election process for either a member 

or alternate member on the Committee. 

The current procedures do not provide 

for an election process for each position 

separately. 

Section 929.22(e) of the order 

specifies the nomination procedures for 

nominees representing entities other 

than the major cooperative marketing 

organization (independent growers). 

That section specifies that the names of 

all eligible nominees from each district 

received by the Committee, by such date 

and in such form as recommended by 

the Committee and approved by the 

Secretary, will appear on the 

nomination ballot for that district. It 

also specifies that the nominee that 

receives the highest number of votes 

cast shall be the member and the 

nominee receiving the second highest 

number votes cast shall be the alternate. 

Section 929.22(i) provides that the 

Committee, with the approval of the 

Secretary, may issue rules and 

regulations to carry out the provisions 

or to change the procedures of this 

section. 

The Committee recommended that 

rules and regulations be established to 

change the procedures for independent 

grower nominations. The Committee 

recommended these changes because 

candidates are less willing to participate 

in the nomination process when they 

are not able to specify whether they are 

seeking a member or alternate member 

position on the Committee. Candidates 

considering to be nominated to the 

Committee have indicated that they 

would be more willing to serve if they 

could initially be nominated as the 

alternate member. Becoming an 

alternate member first allows them to 

gain knowledge of the marketing order 

and Committee operations without 

having the responsibility of casting 

votes. After gaining this knowledge, 

alternate members can then be 

nominated to run as the member on the 

Committee if they so desire. 

This action will require a slight 

change in the nomination and balloting 

process. It will provide candidates the 

opportunity to indicate what position 

(member or alternate) they are seeking. 

Following the deadline for filing 

nomination petitions the names of those 

candidates running for member and the 

names of those candidates running for 

alternate member would be placed on 

the ballot and sent, via U.S. Postal 

Service, to qualified growers in the 

marketing order districts. 

The candidate receiving the highest 

number of votes in the member category 

and the candidate receiving the highest 

number of votes in the alternate member 

category in each marketing order district 

will be declared nominees and their 

names forwarded to the Secretary for 

selection. 

This change to the nomination 

procedures will only effect the 

independent grower nominations for the 

Committee. The major cooperative 

marketing organization nominees are 

selected by that organization and 

submitted to the Secretary for 

consideration. 

Final 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 final 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. 


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Federal Register / Vol. 75, No. 69 / Monday, April 12, 2010 / Rules and Regulations 18395 

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 1200 cranberry 

producers 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 producers 

and handlers of cranberries under the 

order are considered small entities 

under SBA’s standards. 

This final rule revises the nomination 

procedures for independent growers to 

allow them to participate in the election 

process for either a member or alternate 

member on the Committee. The current 

nomination process does not permit an 

election process for each position. 

Authority for this action is provided in 

§ 929.22(i). 

At the meeting where this issue was 

considered, the Committee discussed 

that the nomination procedures needed 

to be changed to encourage more 

participation in the nomination process 

and to encourage more diverse 

candidates on the Committee. The 

independent grower members and 

alternate members on the Committee 

indicated that this change will improve 

the nomination process by generating 

participation and providing the 

opportunity for more diverse candidates 

to run for a position on the Committee. 

There are no anticipated economic 

impacts on either small or large 

producers or handlers that would result 

from this rule, as it pertains only to 

Committee nomination and balloting 

procedures. 

The benefits for this rule are not 

expected to be disproportionately 

greater or less for small handlers or 

producers than for larger entities. 

The Committee discussed alternatives 

to this change, including not making the 

change at all. If this change is not made 

the Committee believes that the number 

of new candidates who want to be 

considered for nomination on the 

Committee will continue to decline. 

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. 

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 proposed rule concerning this 

action was published in the Federal 

Register on February 5, 2010 (75 FR 

5900). Copies of the rule were mailed or 

sent via facsimile to all Committee 

members and cranberry handlers. The 

rule was made available through the 

Internet by USDA and the Office of the 

Federal Register. A 30-day comment 

period ending March 8, 2010, was 

provided to allow interested persons to 

respond to the proposal. No comments 

were received. 

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. 

After consideration of all relevant 

matters presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

It is further found that good cause 

exists for not postponing the effective 

date of this rule until 30 days after 

publication in the Federal Register (5 

U.S.C. 553) because the nomination 

process begins in April and the 

Committee staff needs to have time to 

inform all cranberry growers of the 

change in the nomination process. 

Therefore, this rule should be 

implemented as soon as possible. 

Further, growers were made aware of 

this change which was recommended at 

a public meeting. Also, a 30-day 

comment period was provided for in the 

proposed rule. 

List of Subjects in 7 CFR Part 929 

Marketing agreements, Reporting and 

recordkeeping requirements, 

Cranberries. 

■ For the reasons set forth in the 

preamble, 7 CFR part 929 is 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. A new § 929.161 is added to read 

as follows: 

§ 929.161 Nomination and balloting 

procedures for candidates other than the 

major cooperative marketing organization. 

(a) During the nomination process, 

each eligible candidate shall indicate if 

he/she is seeking a position on the 

Committee as a member or alternate 

member. 

(b) Ballots provided by the Committee 

shall include the names of those 

candidates seeking member positions on 

the Committee and those seeking 

alternate member positions. 

(c) All ballots shall be received by a 

date designated by the Committee office 

staff. Votes for member positions and 

alternate member positions shall be 

tabulated separately. In districts entitled 

to one member, the successful candidate 

shall be the person receiving the highest 

number of votes as a member or 

alternate member. In districts entitled to 

two members, the successful candidates 

shall be those receiving the highest and 

second highest number of votes as 

members or alternate members. Those 

names shall then be forwarded to the 

Secretary for selection. 

Dated: April 7, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–8277 Filed 4–9–10; 8:45 am] 

BILLING CODE 3410–02–P 


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