[Federal Register Volume 75, Number 24 (Friday, February 5, 2010)]
[Proposed Rules]
[Pages 5900-5901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2549]



[[Page 5900]]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Doc. No. AMS-FV-09-0070; FV09-929-1 PR]


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: Proposed rule.

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SUMMARY: This rule invites comments on revisions to 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 would revise 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: Comments must be received by March 8, 2010.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent to the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All comments should reference the document number 
and the date and page number of this issue of the Federal Register and 
will be made available for public inspection in the Office of the 
Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this rule 
will be included in the record and will be made available to the 
public. Please be advised that the identity of the individuals or 
entities submitting the comments will be made public on the Internet at 
the address provided above.

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: <a href="/cdn-cgi/l/email-protection#91c1f0e5e3f8f2f8f0bfc1f4e5e3f4fdfdf0d1f0fce2bfe4e2f5f0bff6fee7"><span class="__cf_email__" data-cfemail="dc8cbda8aeb5bfb5bdf28cb9a8aeb9b0b0bd9cbdb1aff2a9afb8bdf2bbb3aa">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#551e303b3b30213d7b1f3a3d3b263a3b153438267b202631347b323a23"><span class="__cf_email__" data-cfemail="9fd4faf1f1faebf7b1d5f0f7f1ecf0f1dffef2ecb1eaecfbfeb1f8f0e9">[email protected]</span></a>.
    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: 
<a href="/cdn-cgi/l/email-protection#cb8aa5bfa4a2a5aebfbfaee588aab9bfaeb98baaa6b8e5beb8afaae5aca4bd"><span class="__cf_email__" data-cfemail="c786a9b3a8aea9a2b3b3a2e984a6b5b3a2b587a6aab4e9b2b4a3a6e9a0a8b1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This proposal 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 proposal 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 proposal invites comments on revisions to the nomination and 
balloting procedures for independent growers on the Committee. This 
rule would revise 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 would require a slight change in the nomination and 
balloting process. It would 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

[[Page 5901]]

category in each marketing order district would be declared nominees 
and their names forwarded to the Secretary for selection.
    This change to the nomination procedures would 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.

Initial 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 initial 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 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 rule would revise 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 would 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 proposed rule would 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 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.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. Thirty days is deemed appropriate because 
this rule would need to be in place prior to the next nomination 
process which begins in June 2010. The term of office begins on August 
1 of each even numbered year. All written comments timely received will 
be considered before a final determination is made on this matter.

List of Subjects in 7 CFR Part 987

    Marketing agreements, Reporting and recordkeeping requirements, 
Cranberries.
    For the reasons set forth in the preamble, 7 CFR part 929 is 
proposed to be 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 section 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: February 2, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-2549 Filed 2-4-10; 8:45 am]
BILLING CODE 3410-02-P


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