[Federal Register Volume 82, Number 151 (Tuesday, August 8, 2017)]
[Rules and Regulations]
[Page 36991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-16656]



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 Rules and Regulations
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  Federal Register / Vol. 82, No. 151 / Tuesday, August 8, 2017 / Rules 
and Regulations  

[[Page 36991]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

[Doc. No. AMS-SC-16-0041; SC16-929-1]


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 Amending 
Marketing Order 929

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notification of disposition.

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SUMMARY: Notice is hereby given that a referendum to amend Marketing 
Order and Agreement No. 929 (order), which regulates 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, did not meet the 
minimum voting requirements for approval. The Agricultural Marketing 
Agreement Act of 1937, as amended, hereinafter referred to as the 
``Act'' requires, in part, that a proposed amendment to the cranberries 
order must be approved by two-thirds of producers voting, or by those 
voting in the referendum representing at least two-thirds of the volume 
of cranberries, as well as by processors who have frozen or canned more 
than 50 percent of the volume of cranberries within the production 
area. Processors representing only 18 percent of the volume of 
cranberries within the production area voted in the referendum. Because 
a minimum of 50 percent of the volume of cranberries processed within 
the production area is required in order to pass, the referendum did 
not pass and the proposed amendment will not be implemented. The 
amendment, which was proposed by the Cranberry Marketing Committee 
(Committee), would have authorized the Committee to receive and expend 
voluntary contributions from domestic sources.

DATES: This action is effective August 8, 2017.

FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing 
Specialist, or Julie Santoboni, Rulemaking Branch Chief, Marketing 
Order and Agreement Division, Specialty Crops 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] or [email protected].

ADDRESSES: Small businesses may request information on complying with 
this regulation by contacting Richard Lower, Marketing Order and 
Agreement Division, Specialty Crops 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: Marketing Order and Agreement No. 929 
(order) regulates 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. 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''. Section 608c(17) of the Act and the 
applicable rules of practice and procedure (7 CFR part 900) authorize 
the use of informal rulemaking to amend the order.
    A proposed rule and referendum order was issued on December 14, 
2016, and published in the Federal Register on December 21, 2016 (81 FR 
93642). This document directed that a referendum among cranberry 
producers and processors be conducted during the period of January 23, 
2017 through February 13, 2017, to determine whether they favored the 
proposed amendment to the order. The proposed amendment would authorize 
the Cranberry Marketing Committee (Committee) to receive and expend 
voluntary contributions from domestic sources. To become effective, the 
Act requires that the amendment be approved by two-thirds of producers 
voting, or by those voting in the referendum representing at least two-
thirds of the volume of cranberries. Processors who have processed over 
50 percent of the total volume of cranberries processed during a 
representative period must also approve the amendment.
    After tabulation of the ballots, the amendment was approved by 89 
percent of the number of producers voting and by 96 percent of the 
volume voted in the referendum, which exceeds the required two-thirds 
approval of the producers voting in the referendum or two-thirds of the 
volume represented in the referendum. Of the processors voting, 89 
percent voted in favor of the proposed amendment. However, those 
processors only represented 18 percent of the total 2015-16 processed 
production volume. Because a minimum of 50 percent of the total volume 
of cranberries processed must be represented by the processors voting 
to approve an amendment, the referendum did not pass. Consequently, the 
proposed amendment will not be implemented.

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

    Dated: August 2, 2017.
Bruce Summers,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-16656 Filed 8-7-17; 8:45 am]
 BILLING CODE 3410-02-P