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[Federal Register: April 20, 2010 (Volume 75, Number 75)]
[Rules and Regulations]               
[Page 20514-20516]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap10-2]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Doc. No. AMS-FV-09-0073; FV10-929-1 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; Changes to 
Reporting Dates

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule changes 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 revises 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: Effective Date: April 21, 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 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

[[Page 20515]]

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 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 new reporting dates will 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 will not be changed by this action.
    The Committee recommended that the order's reporting regulations be 
changed 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.

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. 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 rule revises 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 new reporting dates will 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 will 
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 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 were invited to submit comments on this proposal, 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 5898). Copies of the rule were 
mailed or sent 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. One comment was received in support of the proposal from 
Ocean Spray Cranberries, Inc.
    A small business guide on complying with fruit, vegetable, and 
specialty crop

[[Page 20516]]

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 next reporting period ends 
on May 20 and the Committee needs to inform all handlers of this change 
to the reporting time. Therefore, this rule should be implemented as 
soon as possible. Further, handlers 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.

0
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

0
1. The authority citation for 7 CFR part 929 continues to read as 
follows:

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

0
2. Amend Sec.  929.105 by revising the introductory text of paragraph 
(b) 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: April 7, 2010.
David R. Shipman
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-8273 Filed 4-19-10; 8:45 am]
BILLING CODE 3410-02-P
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