[Federal Register Volume 59, Number 176 (Tuesday, September 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22617]


[[Page Unknown]]

[Federal Register: September 13, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 929

[FV94-929-1FIR]

 

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; Changes to the 
Rules and Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: The Department of Agriculture (Department) is adopting as a 
final rule, without change, the provisions of an interim final rule 
changing the rules and regulations under the cranberry marketing order. 
The marketing order regulates the handling of cranberries grown in 10 
States and is administered locally by the Cranberry Marketing Committee 
(Committee). This rule revises or deletes language in the order's rules 
and regulations to reflect amendatory changes to the marketing order 
completed in 1992. This rule makes the order's rules and regulations 
consistent with the current marketing order language.

EFFECTIVE DATE: October 13, 1994.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Mark Hessel, 
Marketing Specialists, Marketing Order Administration Branch, F&V, AMS, 
USDA, Room 2522-S, P.O. Box 96456, Washington, DC 20090-6456; 
telephone: (202) 720-5127.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and 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 rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule 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 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 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 in equity to review the 
Secretary's ruling on the petition, provided a bill in equity 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 Administrator of 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 30 handlers of cranberries who are subject 
to regulation under the order and approximately 1,050 producers of 
cranberries in the regulated area. Small agricultural service firms 
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 whose annual receipts are 
less than $500,000. The majority of handlers and producers of 
cranberries may be classified as small entities.
    This rule finalizes revisions or deletions to the language in the 
order's rules and regulations to reflect amendatory changes to the 
order completed in 1992. This rule makes the order's rules and 
regulations consistent with current order language. These changes were 
unanimously recommended by the Cranberry Marketing Committee 
(Committee) at its March 1, 1994, meeting.
    The interim final rule was issued on July 11, 1994, and published 
in the Federal Register [59 FR 36021, July 15, 1994], with an effective 
date of July 15, 1994. That rule amended Secs. 929.107, 929.108, 
929.110, 929.148, 929.150, and 929.153 of the rules and regulations in 
effect under the order. That rule provided a 30-day comment period 
which ended August 15, 1994. No comments were received.
    In 1992, the cranberry marketing order was amended [57 FR 38748, 
August 27, 1992] to change, among other provisions, the volume control 
features of the order. Prior to the amendment, the order authorized a 
base quantity program in which each producer received a base quantity 
calculated by the Committee from a representative period in the order. 
Base quantity was annually distributed to existing producers and new 
producers based on a formula in the order. The 1992 order amendments 
authorized a volume control program to be based on the sales history of 
each producer. The Committee now calculates a sales history for each 
producer based on the average of sales for a specified period for each 
producer or, in the case of a new producer, sales history is based on a 
State's average yield per acre. Other order amendments were made to 
reflect current industry practices.
    The first change revises section 929.107 which currently provides 
the basis for determining established cranberry acreage. The section is 
revised by deleting various terms, dates, and section references. The 
term ``established'' cranberry acreage and the reference to section 
929.16 are no longer applicable since they were removed by the 1992 
amendment. The reference to growing cranberries during a specified 
period of time (i.e., 1965-66 through 1967-68) and other similar date 
references are removed since producers are no longer required to 
produce during this period to have a commercial crop of cranberries. 
Other modifications are made in the section for clarity.
    The second change deletes section 929.108 which provides for 
procedures to substantiate a firm and substantial commitment for use in 
determining base quantities. This section is no longer applicable since 
the order amendments authorize a sales history to be computed for every 
producer. New or existing producers no longer have to show a firm and 
substantial commitment to receive base quantity.
    The third change revises section 929.110 which provides for 
transfers or sales of cranberry acreage during the representative 
period. This section is revised by deleting the term ``representative 
period.'' This term is no longer applicable since all reference to a 
representative period for computing base quantities was removed by the 
1992 amendment. Producers must inform the Committee at any time when 
transfers or sales of acreage are made. Also, the term ``base 
quantity'' is deleted and replaced with the term ``sales history.'' 
Other minor changes are made to the section to make it consistent with 
the order amendment.
    The fourth change deletes section 929.148 which provides factors to 
be considered when assigning or adjusting base quantities for 
producers. This section is no longer applicable since the order 
amendment authorizes the computation of a sales history for each 
producer. These factors are not used when calculating sales history.
    The fifth change revises section 929.150(a) which provides for the 
transfer or assignment of base quantities. This section is revised by 
deleting the term ``base quantity'' and replacing it with the term 
``sales history.'' The term base quantity is no longer applicable since 
the order amendment authorizes a sales history to be calculated for 
each producer.
    The last change deletes section 929.153 which provides for the 
establishment and distribution of a base quantity reserve. This section 
is no longer applicable since the 1992 order amendment provides for a 
volume control program to be based on sales histories of producers. A 
producer's sales history is updated annually based on the highest four 
out of six years' sales. Therefore, a base quantity reserve is not 
necessary for updating producers' sales histories or for allowing entry 
of new growers.
    The information collection requirements contained in the referenced 
sections have been previously approved by the Office of Management and 
Budget (OMB) under the provisions of 44 U.S.C. Chapter 35 and have been 
assigned OMB number 0581-0103.
    Based on these considerations, the Administrator of the AMS has 
determined that this action will not have a significant economic impact 
on a substantial number of small entities.
    After consideration of all relevant material presented, the 
information and recommendations submitted by the committee, and other 
information, it is found that finalizing the interim final rule, 
without change, as published in the Federal Register [59 FR 36021, July 
15, 1994] 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.

    For the reasons set forth in the preamble, 7 CFR Part 929 is 
amended as follows:

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 final rule amending 7 CFR Part 929 which 
was published at 59 FR 36021 on July 15, 1994, is adopted as a final 
rule without change.

    Dated: September 8, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-22617 Filed 9-12-94; 8:45 am]
BILLING CODE 3410-02-P