Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations 30497

For the reasons set forth in the

preamble, 7 CFR Part 922 is amended as

follows:

PART 922—APRICOTS GROWN IN

DESIGNATED COUNTIES IN

WASHINGTON

1. The authority citation for 7 CFR

Part 922 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 922.321 is amended by

revising paragraph (a)(1) to read as

follows:

§ 922.321 Apricot Regulation 21.

(a) * * *

(1) Minimum grade and maturity

requirements. Such apricots that grade

not less than Washington No. 1 and are

at least reasonably uniform in color:

Provided, That the grade requirement

shall not apply to apricots handled from

June 15, 1996, through March 31, 1997;

Provided further, That such apricots of

the Moorpark variety in open containers

shall be generally well matured; and

* * * * *

Dated: June 12, 1996.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 96–15350 Filed 6–14–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 929

[Docket No. FV–96–929–1FR]

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; Change in

Reporting Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule modifies

language in the cranberry marketing

order’s rules and regulations to change

the first date by which handlers must

file their acquisition reports from

February 5 to January 5 during each

crop year. This rule will provide more

useful production information to the

cranberry industry at an earlier time and

is based on a recommendation of the

Cranberry Marketing Committee

(Committee), which is responsible for

local administration of the order.

EFFECTIVE DATE: This final rule becomes

effective July 17, 1996.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Petrella or Kathleen M. Finn,

Marketing Specialists, Marketing Order

Administration Branch, F&V, AMS,

USDA, room 2522–S, P.O. Box 96456,

Washington, DC 20090–6456: telephone:

(202) 720–1509, Fax # (202) 720–5698.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing Order

No. 929 (7 CFR Part 929), as amended,

regulating the handling of cranberries

grown in 10 States, 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

(Department) is issuing this final rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have retroactive effect. This final rule

will not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

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 the Secretary 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 the Secretary will 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 the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after date of the entry

of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

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. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 15 handlers

of cranberries who are subject to

regulation under the marketing order

and approximately 1,100 producers of

cranberries in the regulated area. Small

agricultural service firms, which

includes handlers, have been defined by

the Small Business Administration (13

CFR 121.601) as those having annual

receipts of less than $5,000,000, and

small agricultural producers are defined

as those having annual receipts of less

than $500,000. A majority of handlers

and producers of cranberries may be

classified as small entities.

This rule modifies the language in the

order’s rules and regulations to change

the first date by which handlers must

file their acquisition reports from

February 5 to January 5. The committee

unanimously recommended that the

date be changed from February 5 to

January 1. The Department proposed

modifying the recommendation by

requiring the first report to be filed by

January 5 in order to allow sufficient

time for the handlers to file the reports.

Section 929.62(b) of the cranberry

marketing order provides authority to

require each handler to file promptly

with the committee a certified report as

to the quantity of cranberries acquired

during such period as may be specified.

The fiscal period under the order is

from September 1 of one year through

August 31 of the following year. Section

929.105(b) of the order’s rules and

regulations prescribe that certified

reports shall be filed by each handler to

the committee not later than the 5th day

of February, May, and August of each

fiscal period and the 5th day of

September of the succeeding fiscal

period. Such report shall show the total

quantity of cranberries the handler

acquired and the total quantity of

cranberries the handler handled from

the beginning of the reporting period

indicated through January 31, April 30,

July 31, and August 31, respectively.

The committee recommended that the

first acquisition report due to the

committee on February 5 that shows the

total quantity of cranberries the handler

acquired through January 31 be changed

to an earlier date. This will provide

producers and handlers vital production

information earlier in the season and

allow them to plan accordingly. The

order’s reporting and recordkeeping

requirements have not been amended

since 1988. Handlers’ techniques in

gathering and recording acquisition data

have progressed considerably over the

last seven years. Handlers have

indicated that they could provide the

committee with an acquisition report

prior to January 1 of the crop year.

Therefore, the committee

recommended that section 929.105(b) be

revised by changing the first reporting
30498 Federal Register / Vol. 61, No. 117 / Monday, June 17, 1996 / Rules and Regulations

due date from February 5 to January 1.

As stated previously, the Department

has modified this date from January 1 to

January 5. The first acquisition report

currently shows the total quantity of

cranberries acquired and the total

quantity of cranberries handled from the

beginning of the reporting period

through January 31. The committee also

recommended that the January 31 date

be changed to December 31 to make the

report consistent with the new due date.

In addition, the Department is

modifying § 929.105(b) by listing each

one of the due dates. This will make the

section easier to understand as to when

each report is due.

The proposed rule concerning this

action was published in the April 22,

1996, Federal Register (78 FR 17586),

with a 30-day comment period ending

May 22, 1996. No comments were

received.

There was one error in the regulatory

text appearing in the proposed rule. In

§ 929.105(b)(2), the proposed rule

indicated that the certified report due

from handlers on January 5 show the

quantities of cranberries and cranberry

products held by the handler on

February 1. The latter date should be

January 1. This final rule corrects

§ 929.105(b)(2) accordingly.

Based on the above, the AMS has

determined that this action will not

have a significant economic impact on

a substantial number of small entities.

This rule modifies language in the

cranberry marketing order’s rules and

regulations to change the first date by

which handlers must file their

acquisition reports from February 5 to

January 5 during each crop year. This

rule will provide more useful

production information to the cranberry

industry at an earlier time.

The information collection

requirements contained in the

referenced section have been previously

approved by the Office of Management

and Budget (OMB) under the provisions

of the Paperwork Reduction Act of 1995

(Pub. L. 104–13) and have been assigned

OMB number 0581–0103.

After consideration of all relevant

matter presented, including the

information and recommendations

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.

List of Subjects in 7 CFR Part 929

Marketing agreements, Cranberries,

Reporting and recordkeeping

requirements.

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. Section 929.105 is amended by

revising paragraph (b) to read as follows:

§ 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 5, May 5, and August 5 of

each fiscal period and by September 5

of the succeeding fiscal period showing:

(1) The total quantity of cranberries

the handler acquired and the total

quantity of cranberries the handler

handled from the beginning of the

reporting period indicated through

December 31, April 30, July 31, and

August 31, respectively, and

(2) The respective quantities of

cranberries and cranberry products held

by the handler on January 1, May 1,

August 1, and August 31 of each fiscal

period.

Dated: June 10, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–15093 Filed 6–14–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Part 1208

[FV–95–702FR]

Fresh Cut Flowers and Fresh Cut

Greens Promotion and Information

Order—Postponement of Payment of

Assessments

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule establishes a

rules and regulations subpart under the

Fresh Cut Flowers and Fresh Cut Greens

Promotion and Information Order

(Order). The Order is authorized under

the Fresh Cut Flowers and Fresh Cut

Greens Promotion and Information Act

of 1993. This rule implements a

provision of the Order concerning the

postponement of the payment of

assessments. This action establishes

procedures for the postponement of the

payment of assessments to the National

PromoFlor Council.

EFFECTIVE DATE: June 18, 1996.

FOR FURTHER INFORMATION CONTACT:

Sonia N. Jimenez, Research and

Promotion Branch, Fruit and Vegetable

Division, AMS, USDA, P.O. Box 96456,

Room 2535–S, Washington, DC 20090–

6456, telephone (202) 720–9916.

SUPPLEMENTARY INFORMATION: This rule

is issued under the Fresh Cut Flowers

and Fresh Cut Greens Promotion and

Information Act of 1993 [7 U.S.C. 6801

et seq.], hereinafter referred to as the

Act, and the Order.

This rule has been issued in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. It is not intended to have

retroactive effect. This rule will not

preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under § 8

of the Act, a person subject to the order

may file a petition with the Secretary

stating that the order or any provision

of the order, or any obligation imposed

in connection with the order, is not in

accordance with law and requesting a

modification of the order or an

exemption from the order. The

petitioner is afforded the opportunity

for a hearing on the petition. After such

hearing, the Secretary will make a ruling

on the petition. The Act provides that

the district courts of the United States

in any district in which a person who

is a petitioner resides or carries on

business are vested with jurisdiction to

review the Secretary’s ruling on the

petition, if a complaint for that purpose

is filed within 20 days after the date of

the entry of the ruling.

Regulatory Flexibility Act

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA),

AMS has considered the economic

impact of this action on small entities.

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.

Only those wholesale handlers, retail

distribution centers, producers, and

importers who have annual sales of

$750,000 or more of cut flowers and

greens and who sell those products to

exempt handlers, retailers, or consumers

are considered qualified handlers and