[Federal Register Volume 78, Number 80 (Thursday, April 25, 2013)]
[Rules and Regulations]
[Pages 24333-24334]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09817]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Doc. No. AMS-FV-12-0002; FV12-929-1 FIR]


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; Changing 
Reporting Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that revised the reporting 
requirements prescribed under the marketing order for 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 (order). The interim rule changed the dates 
covered by the third reporting period and the date by which the Handler 
Inventory Report (Form HIR) is due to the Committee. These changes help 
ensure the Committee has current and complete information available for 
its discussions during its annual August meeting, while providing 
handlers sufficient time to submit their reports.

DATES: Effective April 26, 2013.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Fruit and Vegetable 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 325-8793, or 
Email: [email protected] or [email protected].
    Small businesses may obtain information on complying with this and 
other marketing order and agreement regulations by viewing a guide at 
the following Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or by contacting Jeffrey Smutny, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: This rule 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.''
    USDA is issuing this rule in conformance with Executive Order 
12866.
    The handling of 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 is 
regulated by 7 CFR part 929. Prior to this change, reports were to be 
filed with the Committee by each handler not later than January 20, May 
20, and August 20 of each fiscal period and by September 20 of the 
succeeding fiscal period. The Handler Inventory Report (Form HIR) 
previously showed the total quantity of cranberries acquired and the 
total quantity of cranberries and Vaccinium oxycoccus cranberries 
handled from the beginning of the reporting period indicated through 
December 31, April 30, July 31, and August 31, respectively. The 
reports also previously showed the total quantity of cranberries and 
Vaccinium oxycoccus cranberries as well as cranberry products and 
Vaccinium oxycoccus cranberry products held by the handler on January 
1, May 1, August 1, and August 31 of each fiscal period. However, 
having the report due by August 20 meant that this information, which 
is important for Committee discussions, may not be received prior to 
the Committee's annual August meeting. Therefore, this rule continues 
in effect the rule that changed the timeframes for the third reporting 
period by adjusting the due date from August 20 to July 20, the end 
date from July 31 to June 30 for cranberries acquired and handled, and 
the date for reporting inventory held from August 1 to June 30.
    In an interim rule published in the Federal Register on August 30, 
2012, and effective on August 31, 2012, (77 FR 52595, Doc. No. AMS-FV-
12-0002, FV12-929-1 IR), Sec.  929.105 was amended by changing the due 
date for the third reporting period from August 20 to July 20, 
adjusting the end date from July 31 to June 30 for cranberries acquired 
and handled, and changing the date for reporting inventory held from 
August 1 to June 30.

Final 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 final 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 the 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 55 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

[[Page 24334]]

the Small Business Administration (SBA) as those having annual receipts 
of less than $7,000,000, and small agricultural producers are defined 
as those whose annual receipts are less than $750,000 (13 CFR 121.201).
    Based on Committee data and information from the National 
Agricultural Statistics Service, the average annual f.o.b. price of 
cranberries during the 2010 season was approximately $46.50 per barrel 
and total shipments were approximately 6.8 million barrels. As a 
percentage, about 18 percent of the handlers shipped approximately 6.5 
million barrels of cranberries. Using the average f.o.b. price and 
shipment data, about 82 percent of cranberry handlers could be 
considered small businesses under SBA's definition. In addition, based 
on production and producer prices and the total number of cranberry 
growers, the average grower revenue is less than $750,000. Therefore, 
the majority of growers and handlers of cranberries may be considered 
small entities.
    This rule continues in effect the action that revised the reporting 
requirements prescribed under the cranberry marketing order. This rule 
revises Sec.  929.105 by changing the due date for the third reporting 
period from August 20 to July 20. To accommodate the new due date, this 
rule also adjusts the end date for the timeframe covered under the 
third period reporting from July 31 to June 30 for cranberries acquired 
and handled, and from August 1 to June 30 for reporting inventory held. 
These changes will help ensure the Committee has current and complete 
information available for discussion during its annual August meeting, 
while providing handlers sufficient time to submit their Handler 
Inventory Report (Form HIR). The authority for these actions is 
provided in Sec.  929.62. These changes were unanimously recommended by 
the Committee at a meeting on August 31, 2011.
    It is not anticipated that this action will impose any additional 
costs on the industry nor will it change the reporting and 
recordkeeping burden on handlers. Having current and complete 
information available during the Committee's August meeting will assist 
the Committee when making decisions regarding the administration of the 
order. The benefits of this rule are not expected to be 
disproportionately greater or less for small handlers or growers than 
for large entities.
    In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189, Generic Fruit Crops. Because this revision 
changes neither the content of the Handler Inventory Report (Form HIR) 
nor its calculated burden, no changes in OMB requirements as a result 
of this action are necessary. Should any changes become necessary, they 
would be submitted to OMB for approval.
    This rule will 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. In addition, USDA has not identified any 
relevant Federal rules that duplicate, overlap or conflict with this 
rule.
    Further, 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. Like all 
Committee meetings, the August 31, 2011, meeting was a public meeting 
and all entities, both large and small, were able to express their 
views on this issue.
    Comments on the interim rule were required to be received on or 
before October 29, 2012. No comments were received. Therefore, for the 
reasons given in the interim rule, we are adopting the interim rule as 
a final rule, without change.
    To view the interim rule, go to: 
http:[sol][sol]www.regulations.gov/#!documentDetail;D=AMS-FV-12-0002-
0001.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866 and 12988, the Paperwork Reduction 
Act (44 U.S.C. Chapter 35), and the E-Gov Act (44 U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (77 FR 52595, August 30, 2012) 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.

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

0
Accordingly, the interim rule that amended 7 CFR part 929 and that was 
published at 77 FR 52595 on August 30, 2012, is adopted as a final 
rule, without change.

    Dated: April 22, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-09817 Filed 4-24-13; 8:45 am]
BILLING CODE 3410-02-P