[Federal Register Volume 62, Number 4 (Tuesday, January 7, 1997)]
[Rules and Regulations]
[Pages 915-916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-276]


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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Part 929

[Docket No. FV-96-929-2FR]


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.

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SUMMARY: This final rule changes 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 allows the committee to collect receipt and inventory 
information from handlers on a different species of cranberries. This 
rule will provide more accurate information to the cranberry industry 
to be used in making marketing decisions.
EFFECTIVE DATE: This final rule becomes effective February 6, 1997.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kathleen M. 
Finn, Marketing Specialists, Marketing Order Administration Branch, 
F&V, AMS, USDA, room 2530-S, P.O. Box 96456, Washington, DC 20090-6456: 
telephone: (202) 720-1509, Fax #(202) 720-5698. Small businesses may 
request information on compliance with this regulation by contacting: 
Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, P.O. Box 96456, room 2525-S, Washington, DC 20090-
6456; telephone (202) 720-2491; 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 rule in 
conformance with Executive Order 12866.
    This final rule has been reviewed under Executive Order 12988, 
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 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 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 the requirements set forth in the Regulatory 
Flexibility Act (RFA), the Agricultural Marketing Service (AMS) has 
considered the economic impact of this final rule 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 25 handlers of cranberries who are subject 
to regulation under the marketing order and approximately 1,400 
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.
    Handlers are already required to complete a form four times a year 
reporting all regulated cranberries on hand for a specified period, all 
cranberries acquired and sold, and the new balance of cranberries on 
hand. This rule authorizes adding data to this form requiring 
information on a new variety of cranberries not regulated under the 
order. The form has an estimated burden time of two hours. No 
additional burden time will be added to this form to acquire this 
information. In addition, because the industry relies on the 
comprehensive information provided by the committee, it is critical 
that the committee obtain accurate information. This information will 
be used in making marketing decisions and the additional burden on 
handlers, if any, will not be significant.
    Therefore, the AMS has determined that this action will not have a 
significant economic impact on a substantial number of small entities.
    This final rule changes the reporting requirements currently 
prescribed under the cranberry marketing order. This rule allows the 
committee to collect receipt and inventory information from handlers on 
a different species of cranberries. This rule will provide more 
accurate information to the cranberry industry to be used in making 
marketing decisions. The committee unanimously recommended the above 
change.
    The request for this information will be incorporated on the 
handler inventory report, a form already used by the committee. The 
request of this information should not constitute a significant burden 
on a business unit, large or small. Currently, the estimated reporting 
burden per response for the handler inventory report is two hours. The 
burden time will not change with the additional data request.
    Section 929.62(e) of the cranberry marketing order provides 
authority to require handlers to furnish to the committee information 
with respect to acquisitions and dispositions of cranberries. This 
section also provides authority to require handlers to file reports to 
the committee as to the quantity of cranberries handled by such handler 
during any designated period.

[[Page 916]]

    Under the marketing order, cranberries are defined as all varieties 
of the fruit Vaccinium macrocarpon grown in the production area. In 
1995, the cranberry industry experienced a short crop coupled with 
increased demand. To replace the shortage of Vaccinium macrocarpon, 
handlers have supplemented their inventories with Vaccinium oxycoccus 
which is a European species of cranberry, recognized by the Food and 
Drug Administration as a cranberry. Because of the increase in volume 
of this species of cranberry, it is important to the cranberry industry 
to know the amount of Vaccinium oxycoccus that is being acquired and 
utilized by handlers.
    The order authorizes the committee to recommend limiting the 
quantities of cranberries which may be handled during any fiscal 
period. The Secretary would establish a volume regulation based on 
information received from the committee if the Secretary found that 
such regulation would effectuate the declared policy of the Act. The 
committee is considered by the industry as the source for comprehensive 
cranberry related data, primarily data relating to production, 
supplies, utilization and inventories. Therefore, it is critical to the 
committee to receive comprehensive information on cranberries.
    The committee will be able to use this information on Vaccinium 
oxycoccus when considering its decisions to implement volume regulation 
within the industry. Since this species is not regulated under the 
order, the committee needs to know the quantities and which handlers 
have acquired Vaccinium oxycoccus in order to keep the data on the non-
regulated species separate and apart from the data on the regulated 
species, Vaccinium macrocarpon.
    Therefore, the committee recommended that section 929.105 be 
revised by adding a new subparagraph (c) that requires that handlers 
also report on the same form as currently filed with the committee, the 
total quantity of Vaccinium oxycoccus cranberries the handler acquired 
and the disposition of such cranberries. Also, the handler are required 
to report the respective quantities of Vaccinium oxycoccus cranberries 
and cranberry products held by the handler.
    The committee and its staff are responsible for keeping information 
on individual handlers' inventories and receipt confidential. 
Information gathered by the committee, including information relating 
to supplies of this non-regulated species of cranberries, will only be 
reported in the aggregate, along with other pertinent cranberry data.
    The proposed rule concerning this action was published in the 
August 21, 1996, Federal Register (61 FR 43186), with a 30-day comment 
period ending September 20, 1996. No comments were received. The 
proposed rule also announced AMS's intention to request a revision to 
the currently approved information collection requirements issued under 
the marketing order. The information collection requirements contained 
in the referenced sections have been 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.
    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

    Cranberries, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 929 is 
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


Sec. 929.105  [Amended]

    2. In Sec. 929.105, paragraphs (b) (1) and (2) are amended by 
adding the words ``and Vaccinium oxycoccus cranberries'' after the word 
``cranberries'' everywhere they appear and paragraph (b)(2) is amended 
by adding the words ``and Vaccinium oxycoccus cranberry products'' 
after the words ``cranberry products''.

    Dated: December 31, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 97-276 Filed 1-6- 97; 8:45 am]
BILLING CODE 3410-02-P