[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Proposed Rules]
[Pages 17586-17587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9830]



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DEPARTMENT OF AGRICULTURE
7 CFR Part 929

[Docket No. FV-96-929-1PR]


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: Proposed rule.

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SUMMARY: This proposal invites comments on a change to the reporting 
requirements currently prescribed 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 would modify language in the order's rules and 
regulations to change the first date by which handlers must file their 
acquisition report from February 5 to January 5 during each crop year. 
This rule would provide more useful production information to the 
cranberry industry at an earlier time.

DATES: Comments must be received by May 22, 1996.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. Comments must be sent in triplicate to the 
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S, PO 
Box 96456, Washington, DC 20090-6456, Fax # (202) 720-5698. All 
comments should reference the docket 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.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kathleen M. 
Finn, Marketing Specialists, Marketing Order Administration Branch, 
F&V, AMS, USDA, room 2522-S, PO Box 96456, Washington, DC 20090-6456: 
telephone: (202) 720-1509, Fax # (202) 720-5698.

SUPPLEMENTARY INFORMATION: This proposal 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 rule in 
conformance with Executive Order 12866.
    This proposal has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This proposal 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 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. The majority of 
handlers and producers of cranberries may be classified as small 
entities.
    This proposal invites comments on a change to the reporting 
requirements currently prescribed under the cranberry marketing order. 
This rule would modify 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 proposes 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

[[Page 17587]]

to an earlier date. This would 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 a acquisition report prior to January 1 of the crop 
year.
    Therefore, the committee recommended that Sec. 929.105(b) be 
revised by changing the first reporting 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 proposes modifying 
Sec. 929.105(b) by listing each one of the due dates. This would make 
the section easier to understand as to when each report is due.
    Based on available information, the Administrator of the AMS has 
determined that this action would not have a significant economic 
impact on a substantial number of small entities.
    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.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. All written comments timely received will be 
considered before a final determination is made on this matter.

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 
proposed to be amended as follows:
    1. The authority citation for 7 CFR part 929 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.

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

    2. Section 929.105 is amended by revising paragraph (b) to read as 
follows:


Sec. 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 February 1, May 1, August 1, and August 31 of 
each fiscal period.

    Dated: April 9, 1996.
James R. Rodeheaver,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 96-9830 Filed 4-19-96; 8:45 am]
BILLING CODE 3410-02-P