Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 24333 

#!documentDetail;D=AMS-FV-12-0028- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

3501–3520), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (78 FR 1127, January 8, 2013) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 922 

Apricots, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 922—APRICOTS GROWN IN 

DESIGNATED COUNTIES IN 

WASHINGTON—[AMENDED] 

■ Accordingly, the interim rule that 

amended 7 CFR part 922 and was 

published at 78 FR 1127 on January 8, 

2013, is adopted as a final rule, without 

change. 

Dated: April 19, 2013. 

Rex A. Barnes, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09738 Filed 4–24–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 929 

[Doc. No. AMS–FV–12–0002; FV12–929–1 

FIR] 

Cranberries Grown in States of 

Massachusetts, Rhode Island, 

Connecticut, New Jersey, Wisconsin, 

Michigan, Minnesota, Oregon, 

Washington, and Long Island in the 

State of New York; Changing 

Reporting Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

rule that revised the reporting 

requirements prescribed under the 

marketing order for 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 (order). The 

interim rule changed the dates covered 

by the third reporting period and the 

date by which the Handler Inventory 

Report (Form HIR) is due to the 

Committee. These changes help ensure 

the Committee has current and complete 

information available for its discussions 

during its annual August meeting, while 

providing handlers sufficient time to 

submit their reports. 

DATES: Effective April 26, 2013. 

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) 325–8793, or Email: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order and agreement 

regulations by viewing a guide at the 

following Web site: http:// 

www.ams.usda.gov/ 

MarketingOrdersSmallBusinessGuide; 

or 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 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.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

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 is regulated by 7 

CFR part 929. Prior to this change, 

reports were to be filed with 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. The 

Handler Inventory Report (Form HIR) 

previously showed the total quantity of 

cranberries acquired and the total 

quantity of cranberries and Vaccinium 

oxycoccus cranberries handled from the 

beginning of the reporting period 

indicated through December 31, April 

30, July 31, and August 31, respectively. 

The reports also previously showed 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. However, having the 

report due by August 20 meant that this 

information, which is important for 

Committee discussions, may not be 

received prior to the Committee’s 

annual August meeting. Therefore, this 

rule continues in effect the rule that 

changed the timeframes for the third 

reporting period by adjusting the due 

date from August 20 to July 20, the end 

date from July 31 to June 30 for 

cranberries acquired and handled, and 

the date for reporting inventory held 

from August 1 to June 30. 

In an interim rule published in the 

Federal Register on August 30, 2012, 

and effective on August 31, 2012, (77 FR 

52595, Doc. No. AMS–FV–12–0002, 

FV12–929–1 IR), § 929.105 was 

amended by changing the due date for 

the third reporting period from August 

20 to July 20, adjusting the end date 

from July 31 to June 30 for cranberries 

acquired and handled, and changing the 

date for reporting inventory held from 

August 1 to June 30. 

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 the 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 55 handlers 

of cranberries who are subject to 

regulation under the marketing order 

and approximately 1,200 cranberry 

producers in the regulated area. Small 

agricultural service firms are defined by 


wreier-aviles on DSK5TPTVN1PROD with RULES
24334 Federal Register / Vol. 78, No. 80 / Thursday, April 25, 2013 / Rules and Regulations 

the Small Business Administration 

(SBA) as those having annual receipts of 

less than $7,000,000, and small 

agricultural producers are defined as 

those whose annual receipts are less 

than $750,000 (13 CFR 121.201). 

Based on Committee data and 

information from the National 

Agricultural Statistics Service, the 

average annual f.o.b. price of cranberries 

during the 2010 season was 

approximately $46.50 per barrel and 

total shipments were approximately 6.8 

million barrels. As a percentage, about 

18 percent of the handlers shipped 

approximately 6.5 million barrels of 

cranberries. Using the average f.o.b. 

price and shipment data, about 82 

percent of cranberry handlers could be 

considered small businesses under 

SBA’s definition. In addition, based on 

production and producer prices and the 

total number of cranberry growers, the 

average grower revenue is less than 

$750,000. Therefore, the majority of 

growers and handlers of cranberries may 

be considered small entities. 

This rule continues in effect the 

action that revised the reporting 

requirements prescribed under the 

cranberry marketing order. This rule 

revises § 929.105 by changing the due 

date for the third reporting period from 

August 20 to July 20. To accommodate 

the new due date, this rule also adjusts 

the end date for the timeframe covered 

under the third period reporting from 

July 31 to June 30 for cranberries 

acquired and handled, and from August 

1 to June 30 for reporting inventory 

held. These changes will help ensure 

the Committee has current and complete 

information available for discussion 

during its annual August meeting, while 

providing handlers sufficient time to 

submit their Handler Inventory Report 

(Form HIR). The authority for these 

actions is provided in § 929.62. These 

changes were unanimously 

recommended by the Committee at a 

meeting on August 31, 2011. 

It is not anticipated that this action 

will impose any additional costs on the 

industry nor will it change the reporting 

and recordkeeping burden on handlers. 

Having current and complete 

information available during the 

Committee’s August meeting will assist 

the Committee when making decisions 

regarding the administration of the 

order. The benefits of this rule are not 

expected to be disproportionately 

greater or less for small handlers or 

growers than for large entities. 

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. Because this revision 

changes neither the content of the 

Handler Inventory Report (Form HIR) 

nor its calculated burden, no changes in 

OMB requirements as a result of this 

action are necessary. Should any 

changes become necessary, they would 

be submitted to OMB for approval. 

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. In addition, USDA has 

not identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

Further, 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. Like all Committee 

meetings, the August 31, 2011, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express their views on this issue. 

Comments on the interim rule were 

required to be received on or before 

October 29, 2012. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. 

To view the interim rule, go to: http://

www.regulations.gov/ 

#!documentDetail;D=AMS-FV-12-0002- 

0001. 

This action also affirms information 

contained in the interim rule concerning 

Executive Orders 12866 and 12988, the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (77 FR 52595, August 30, 2012) 

will tend to effectuate the declared 

policy of the Act. 

List of Subjects in 7 CFR Part 929 

Cranberries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 929—CRANBERRIES GROWN IN 

STATES OF MASSACHUSETTS, 

RHODE ISLAND, CONNECTICUT, NEW 

JERSEY, WISCONSIN, MICHIGAN, 

MINNESOTA, OREGON, 

WASHINGTON, AND LONG ISLAND IN 

THE STATE OF NEW YORK 

■ Accordingly, the interim rule that 

amended 7 CFR part 929 and that was 

published at 77 FR 52595 on August 30, 

2012, is adopted as a final rule, without 

change. 

Dated: April 22, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09817 Filed 4–24–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 1000 

[Doc. no. AMS–DA–07–0026; AO–14–A77, et 

al.; DA–07–02] 

Milk in the Northeast and Other 

Marketing Areas; Order Amending the 

Orders 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule permanently 

adopts changes to the manufacturing 

cost allowances and the butterfat yield 

factor used in Class III and Class IV 

product-price formulas applicable to all 

Federal milk marketing orders. These 

amendments were adopted by an 

interim final rule issued on July 25, 

2008, that became effective on October 

1, 2008. More than the required number 

of producers approved the issuance of 

the orders as amended. 

DATES: Effective Date: July 1, 2013. 

FOR FURTHER INFORMATION CONTACT: 

William Francis, Director, Order 

Formulation and Enforcement Division, 

USDA/AMS/Dairy Programs, Order 

Formulation and Enforcement, Stop 

0231-Room 2971–S 1400 Independence 

Avenue SW., Washington, DC 20250– 

0231, (202) 720–7183, email address: 

william.francis@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule finalizes manufacturing (make) 

allowances for cheese, butter, nonfat dry 

milk (NFDM) and dry whey contained 

in the Class III and Class IV product 

price formulas that were implemented 

October 1, 2008, on an interim basis. 

Specifically, this decision finalizes the 

following make allowances: cheese 


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