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[Federal Register: April 12, 2010 (Volume 75, Number 69)]
[Rules and Regulations]               
[Page 18394-18395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap10-2]                         


[[Page 18394]]

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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.

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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.

[[Page 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 Sec.  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.

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. A new Sec.  929.161 is added to read as follows:


Sec.  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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