Data Collection, Reporting and Recordkeeping Requirements Applicable to Cranberries Not Subject to the Cranberry Marketing Order; Suspension of Provisions Under 7 CFR Part 926, 16265-16267 [E7-6241]

Download as PDF cprice-sewell on PROD1PC61 with RULES Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations However, changing market dynamics and the experience gained through the 2006 suspension have convinced the Committee that container standardization is no longer necessary to ensure orderly marketing. Last year, rather than seeking an indefinite suspension of the regulations, the Committee recommended a temporary suspension so that it could conduct a thorough evaluation of the impact the relaxation would have on the industry during the 2006 shipping season prior to taking any further action for subsequent seasons. In reviewing the 2006 season at the February 15, 2007, meeting, the Committee easily reached a consensus that an indefinite continuation of the container regulation suspension would best fit the industry’s marketing needs. The Committee anticipates that this rule will not negatively impact small businesses. This rule extends the suspension of the container requirements found under § 922.306 of the order’s rules and regulations and should continue to provide enhanced marketing opportunities. The Committee discussed—and subsequently rejected—alternatives to its recommendation to extend the container regulation suspension. These included allowing the reinstatement of the regulations (by not taking any action) and continuing with annual and temporary regulatory suspensions such as recommended for the 2006 season. With a successful season behind them, Committee members were unanimous in their decision to recommend to USDA an extension of the container regulations suspension for an indefinite period. This rule will not impose any additional reporting or recordkeeping requirements on either small or large apricot 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. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. The Committee’s meeting was widely publicized throughout the Washington apricot industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the February 15, 2007, VerDate Aug<31>2005 15:40 Apr 03, 2007 Jkt 211001 meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.am.usda.gov/ fv/moab.html. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on an indefinite extension of the suspension of the container regulations under the Washington apricot marketing order. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee’s recommendation, and other information, it is found that the suspension of the order’s container regulations should be indefinitely extended in order to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the Federal Register because: (1) This rule extends the 2006 season container regulation suspension for Washington apricots to include the 2007 and future shipping seasons; (2) the indefinite extension of the container regulation suspension was unanimously recommended by the Committee at a public meeting and all interested persons had an opportunity to express their views and provide input; (3) Washington apricot handlers are aware of this recommendation, are currently operating under relaxed regulatory conditions, and need no additional time to comply with the continued relaxed requirements; (4) this rule should be in effect by April 1, 2007, to ensure a seamless continuation of the current container regulation suspension; and (5) this rule provides a 60-day comment period, and any comments received will be considered prior to finalization of this rule. List of Subjects in 7 CFR Part 922 Apricots, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 922 is amended as follows: I PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 16265 PART 922—APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON 1. The authority citation for 7 CFR part 922 continues to read as follows: I Authority: 7 U.S.C. 601–674. § 922.306 [Suspended] 2. In part 922, § 922.306 is suspended indefinitely. I Dated: March 29, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7–6224 Filed 4–3–07; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 926 [Docket No. AMS–FV–06–0173; FV06–926– 1 FIR] Data Collection, Reporting and Recordkeeping Requirements Applicable to Cranberries Not Subject to the Cranberry Marketing Order; Suspension of Provisions Under 7 CFR Part 926 Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: SUMMARY: The U.S. Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule suspending Part 926 in the Code of Federal Regulations, which requires persons engaged in the handling or importation of fresh cranberries or cranberry products, but not subject to the reporting requirements of the Federal cranberry marketing order (7 CFR part 929), to report sales, acquisition, and inventory information to the Cranberry Marketing Committee (Committee), and to maintain adequate records of such activities. The establishment of these requirements is authorized under section 8(d) of the Agricultural Marketing Agreement Act of 1937 (Act). The Committee, which administers marketing order 929, regulating the handling of cranberries grown in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long Island in the State of New York, has been delegated by USDA to collect such information authorized under Part 926. Based on information provided by the Committee, USDA has determined that the E:\FR\FM\04APR1.SGM 04APR1 cprice-sewell on PROD1PC61 with RULES 16266 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations collection of information under Part 926 is of marginal benefit to the industry and should continue to be suspended. DATES: Effective Date: May 4, 2007. FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kenneth G. Johnson, DC Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, Unit 155, 4700 River Road, Riverdale, Maryland 20737; Telephone: (301) 734–5243, Fax: (301) 734–5275, or E-mail at Patricia.Petrella@usda.gov or Kenneth.Johnson@usda.gov. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or E-mail: Jay.Guerber@usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued pursuant to 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. This rule has been reviewed under Executive Order 12988, 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. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of this rule. This rule continues in effect the action that suspended indefinitely Part 926 of the Code of Federal Regulations, which contains the reporting and recordkeeping requirements for entities engaged in the handling or importation of fresh cranberries or cranberry products but not subject to the cranberry marketing order (7 CFR part 929) (order). Under Part 926, such entities are required to provide to USDA or its delegate, certain information regarding the sales, acquisitions, and inventories of fresh cranberries or cranberry products. USDA delegated authority to the Committee to collect such information. The Committee, which is also responsible for administering the order, has used this information to analyze market conditions and make volume control recommendations to USDA. The Committee has determined that this data collection under Part 926 is not needed at this time, and advised VerDate Aug<31>2005 15:40 Apr 03, 2007 Jkt 211001 USDA of its findings following its meeting on June 6, 2006. Section 608d(3) of the Act, as amended, authorizes the collection of cranberry and cranberry product inventory information from producerhandlers, second handlers, processors, brokers, and importers that are not regulated by the order. Pursuant to this statutory authority, USDA issued reporting and recordkeeping requirements for these entities under Part 926 on January 12, 2005 (70 FR 1995). Sections 926.16, 926.17, and 926.18 require these entities to file and maintain certain reports and other information that are also required of handlers regulated under the order. Part 926 was implemented to allow the Committee access to cranberry and cranberry product inventory information from throughout the industry, including segments outside the scope of the order, so that it could make more informed marketing decisions. For example, the Committee makes annual volume control recommendations to USDA that are based upon estimated cranberry production, acquisition, inventory, and sales for the total industry. Adding inventory data collected from entities outside the order to the data reported by handlers under the order was expected to provide a more accurate estimate of the total industry inventory, thus enabling the Committee to make more informed volume control recommendations. However, after more than a year’s experience collecting the data pursuant to Part 926, the Committee has found that most inventories are maintained by handlers regulated under the order, and that the amount of cranberries and cranberry products held by entities outside the order is minimal and does not affect the Committee’s marketing decisions. The Committee met on June 6, 2006, to evaluate the effectiveness of the data collection conducted under Part 926. Taking into account the marginal benefits of this data collection, the committee advised USDA that the reporting and recordkeeping provisions under Part 926 should be suspended. This action continues in effect, an interim final rule suspending the reporting and recordkeeping requirements of Part 926 indefinitely. Should changes occur in the cranberry industry that would warrant reimplementation of these requirements USDA may take appropriate action to reinstate these provisions under Part 926. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), 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. Small agricultural service firms are defined by the Small Business Administration (SBA) [13 CFR 121.201] as those having annual receipts less than $6,500,000. Small agricultural producers are defined as those with annual receipts of less than $750,000. The Committee estimates that there are approximately 56 handlers, producer-handlers, processors, brokers, and importers subject to the data collection requirements under Part 926. The Committee further estimates that most of the entities required to file reports under Part 926 would be considered small under the SBA criteria. This final rule continues to suspend indefinitely the provisions of 7 CFR part 926, which require persons engaged in the handling of cranberries or cranberry products (including producer-handlers, second-handlers, processors, brokers, and importers) but not subject to the order to maintain adequate records and report sales, acquisitions, and inventory information to the Committee. Part 926 was established because the Committee needed inventory information from nonregulated entities as well as those subject to the order to better formulate its marketing decisions and recommendations. It continues to be suspended because the Committee has determined that, considering the size of the inventories held outside the scope of the order, collecting that data from the non-regulated entities is of marginal benefit to the industry. This action continues to suspend the reporting and recordkeeping requirements for these cranberry handlers and importers. It also reduces the Committee’s costs associated with the collection and maintenance of that information. Alternatives to this action included continuing to collect information as currently provided in Part 926, raising the inventory threshold that triggers the need for a non-regulated entity to report its inventory so that only those entities holding the largest inventories would be required to file reports, or requesting that non-regulated entities provide inventory information voluntarily. E:\FR\FM\04APR1.SGM 04APR1 cprice-sewell on PROD1PC61 with RULES Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations However, the Committee advised USDA that most cranberries and cranberry products are currently held in the inventories of the regulated handlers until needed by processors, which greatly reduces the likelihood that large unreported inventories exist. Therefore, the collection of inventory information from entities under Part 926 no longer benefits the industry. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirements related to this rule were previously approved by the Office of Management and Budget (OMB) and assigned OMB No. 0581–0222, Data Collection Requirements Applicable to Cranberries Not Subject to the Cranberry Marketing Order (7 CFR part 926). This information collection package expires August 31, 2007. We have submitted this information collection package (currently under OMB review) for renewal and requested OMB approval for a 1-hour burden placeholder for future reimplementation should changes occur in the cranberry industry that require reinstatement of these reporting and recordkeeping requirements under Part 926. The AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. An interim final rule concerning this action was published in the Federal Register on December 28, 2006 (7 FR 78044). Copies of the rule were made available through the Internet by the Office of the Federal Register and USDA. A 30-day comment period ending February 26, 2007, was provided to allow interested persons to respond to the interim final rule. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http//www.ams.usda.gov/ fv/moab/html. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant material presented, it is found that Part 926, as suspended in this action, as hereinafter set forth, does not tend to effectuate the declared policy of the Act and that the interim final rule, as published in the Federal Register (71 VerDate Aug<31>2005 15:40 Apr 03, 2007 Jkt 211001 FR 78044, December 28, 2006), is adopted, without change, in this final rule. List of Subjects in 7 CFR Part 926 Cranberries and cranberry products, Reporting and recordkeeping requirements. PART 926—DATA COLLECTION, REPORTING AND RECORDKEEPING REQUIREMENTS APPLICABLE TO CRANBERRIES NOT SUBJECT TO THE CRANBERRY MARKETING ORDER Accordingly, the interim final rule suspending 7 CFR part 926 which was published at 71 FR 78044 on December 28, 2006, is adopted as a final rule without change. I Dated: March 29, 2007. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E7–6241 Filed 4–3–07; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1207 [Docket No. AMS–FV–06–0177; FV–06–703– FIR] Potato Research and Promotion Plan; Amendment of Administrative Committee Structure Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: SUMMARY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim final rule amending the structure of the Administrative Committee (Committee) of the National Potato Promotion Board (Board) as prescribed in the Potato Research and Promotion Plan. This rule continues in effect the action that increased the number of ViceChairperson positions on the Committee from six to seven. The change is intended to more closely correlate the Committee’s representation with potato production in the Northwest district—a five state region which accounts for more than half of all U.S. potato production. DATES: Effective Date: May 4, 2007. FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist, or Gary Olson, Regional Manager, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 16267 AMS, USDA, 1220 SW., Third Avenue, Suite 385, Portland, OR 97204; Telephone: (503) 326–2724, Fax: (503) 326–7440, or e-mail: Barry.Broadbent@usda.gov or GaryD.Olson@usda.gov. Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or e-mail: Jay.Guerber@usda.gov. SUPPLEMENTARY INFORMATION: This rule is issued under the Potato Research and Promotion Plan [7 CFR Part 1207], hereinafter referred to as the ‘‘Plan.’’ The Plan is authorized by the Potato Research and Promotion Act, as amended [7 U.S.C. 2611–2627], hereinafter referred to as the ‘‘Act.’’ The Office of Management and Budget (OMB) has waived the review process required by Executive Order 12866 for this action. This rule has been reviewed under Executive Order 12988, 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 311 of the Act, a person subject to a plan may file a petition with the U.S. Department of Agriculture (USDA) stating that such plan, any provision of such plan, or any obligation imposed in connection with such plan is not in accordance with law and request a modification of such plan or to be exempted therefrom. Such person is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which such person is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA’s ruling on the petition, provided that a complaint is filed not later than 20 days after date of the entry of the ruling. This rule adopts the interim rule that modified the structure of the Board’s Administrative Committee as prescribed in the Plan by increasing the number of Vice-Chairperson positions on the Committee from six to seven. This additional position is allocated, as provided in the Board’s bylaws, to the Northwest district. This rule increased E:\FR\FM\04APR1.SGM 04APR1

Agencies

[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Rules and Regulations]
[Pages 16265-16267]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6241]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 926

[Docket No. AMS-FV-06-0173; FV06-926-1 FIR]


Data Collection, Reporting and Recordkeeping Requirements 
Applicable to Cranberries Not Subject to the Cranberry Marketing Order; 
Suspension of Provisions Under 7 CFR Part 926

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Department of Agriculture (USDA) is adopting, as a 
final rule, without change, an interim final rule suspending Part 926 
in the Code of Federal Regulations, which requires persons engaged in 
the handling or importation of fresh cranberries or cranberry products, 
but not subject to the reporting requirements of the Federal cranberry 
marketing order (7 CFR part 929), to report sales, acquisition, and 
inventory information to the Cranberry Marketing Committee (Committee), 
and to maintain adequate records of such activities. The establishment 
of these requirements is authorized under section 8(d) of the 
Agricultural Marketing Agreement Act of 1937 (Act). The Committee, 
which administers marketing order 929, regulating the handling of 
cranberries grown in Massachusetts, Rhode Island, Connecticut, New 
Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long 
Island in the State of New York, has been delegated by USDA to collect 
such information authorized under Part 926. Based on information 
provided by the Committee, USDA has determined that the

[[Page 16266]]

collection of information under Part 926 is of marginal benefit to the 
industry and should continue to be suspended.

DATES: Effective Date: May 4, 2007.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kenneth G. 
Johnson, DC Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, Unit 155, 4700 River 
Road, Riverdale, Maryland 20737; Telephone: (301) 734-5243, Fax: (301) 
734-5275, or E-mail at Patricia.Petrella@usda.gov or 
Kenneth.Johnson@usda.gov.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue, SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 
720-2491, Fax: (202) 720-8938, or E-mail: Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued pursuant to 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.
    This rule has been reviewed under Executive Order 12988, 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. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this rule.
    This rule continues in effect the action that suspended 
indefinitely Part 926 of the Code of Federal Regulations, which 
contains the reporting and recordkeeping requirements for entities 
engaged in the handling or importation of fresh cranberries or 
cranberry products but not subject to the cranberry marketing order (7 
CFR part 929) (order). Under Part 926, such entities are required to 
provide to USDA or its delegate, certain information regarding the 
sales, acquisitions, and inventories of fresh cranberries or cranberry 
products. USDA delegated authority to the Committee to collect such 
information. The Committee, which is also responsible for administering 
the order, has used this information to analyze market conditions and 
make volume control recommendations to USDA. The Committee has 
determined that this data collection under Part 926 is not needed at 
this time, and advised USDA of its findings following its meeting on 
June 6, 2006.
    Section 608d(3) of the Act, as amended, authorizes the collection 
of cranberry and cranberry product inventory information from producer-
handlers, second handlers, processors, brokers, and importers that are 
not regulated by the order. Pursuant to this statutory authority, USDA 
issued reporting and recordkeeping requirements for these entities 
under Part 926 on January 12, 2005 (70 FR 1995). Sections 926.16, 
926.17, and 926.18 require these entities to file and maintain certain 
reports and other information that are also required of handlers 
regulated under the order.
    Part 926 was implemented to allow the Committee access to cranberry 
and cranberry product inventory information from throughout the 
industry, including segments outside the scope of the order, so that it 
could make more informed marketing decisions. For example, the 
Committee makes annual volume control recommendations to USDA that are 
based upon estimated cranberry production, acquisition, inventory, and 
sales for the total industry. Adding inventory data collected from 
entities outside the order to the data reported by handlers under the 
order was expected to provide a more accurate estimate of the total 
industry inventory, thus enabling the Committee to make more informed 
volume control recommendations.
    However, after more than a year's experience collecting the data 
pursuant to Part 926, the Committee has found that most inventories are 
maintained by handlers regulated under the order, and that the amount 
of cranberries and cranberry products held by entities outside the 
order is minimal and does not affect the Committee's marketing 
decisions. The Committee met on June 6, 2006, to evaluate the 
effectiveness of the data collection conducted under Part 926. Taking 
into account the marginal benefits of this data collection, the 
committee advised USDA that the reporting and recordkeeping provisions 
under Part 926 should be suspended.
    This action continues in effect, an interim final rule suspending 
the reporting and recordkeeping requirements of Part 926 indefinitely. 
Should changes occur in the cranberry industry that would warrant 
reimplementation of these requirements USDA may take appropriate action 
to reinstate these provisions under Part 926.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), 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. Small agricultural 
service firms are defined by the Small Business Administration (SBA) 
[13 CFR 121.201] as those having annual receipts less than $6,500,000. 
Small agricultural producers are defined as those with annual receipts 
of less than $750,000. The Committee estimates that there are 
approximately 56 handlers, producer-handlers, processors, brokers, and 
importers subject to the data collection requirements under Part 926. 
The Committee further estimates that most of the entities required to 
file reports under Part 926 would be considered small under the SBA 
criteria.
    This final rule continues to suspend indefinitely the provisions of 
7 CFR part 926, which require persons engaged in the handling of 
cranberries or cranberry products (including producer-handlers, second-
handlers, processors, brokers, and importers) but not subject to the 
order to maintain adequate records and report sales, acquisitions, and 
inventory information to the Committee. Part 926 was established 
because the Committee needed inventory information from non-regulated 
entities as well as those subject to the order to better formulate its 
marketing decisions and recommendations. It continues to be suspended 
because the Committee has determined that, considering the size of the 
inventories held outside the scope of the order, collecting that data 
from the non-regulated entities is of marginal benefit to the industry.
    This action continues to suspend the reporting and recordkeeping 
requirements for these cranberry handlers and importers. It also 
reduces the Committee's costs associated with the collection and 
maintenance of that information.
    Alternatives to this action included continuing to collect 
information as currently provided in Part 926, raising the inventory 
threshold that triggers the need for a non-regulated entity to report 
its inventory so that only those entities holding the largest 
inventories would be required to file reports, or requesting that non-
regulated entities provide inventory information voluntarily.

[[Page 16267]]

However, the Committee advised USDA that most cranberries and cranberry 
products are currently held in the inventories of the regulated 
handlers until needed by processors, which greatly reduces the 
likelihood that large unreported inventories exist. Therefore, the 
collection of inventory information from entities under Part 926 no 
longer benefits the industry.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection requirements related to this 
rule were previously approved by the Office of Management and Budget 
(OMB) and assigned OMB No. 0581-0222, Data Collection Requirements 
Applicable to Cranberries Not Subject to the Cranberry Marketing Order 
(7 CFR part 926). This information collection package expires August 
31, 2007. We have submitted this information collection package 
(currently under OMB review) for renewal and requested OMB approval for 
a 1-hour burden placeholder for future reimplementation should changes 
occur in the cranberry industry that require reinstatement of these 
reporting and recordkeeping requirements under Part 926.
    The AMS is committed to complying with the E-Government Act, to 
promote the use of the Internet and other information technologies to 
provide increased opportunities for citizen access to Government 
information and services, and for other purposes.
    In addition, USDA has not identified any relevant Federal rules 
that duplicate, overlap or conflict with this rule.
    An interim final rule concerning this action was published in the 
Federal Register on December 28, 2006 (7 FR 78044). Copies of the rule 
were made available through the Internet by the Office of the Federal 
Register and USDA. A 30-day comment period ending February 26, 2007, 
was provided to allow interested persons to respond to the interim 
final rule. No comments were received.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http//
www.ams.usda.gov/fv/moab/html. Any questions about the compliance guide 
should be sent to Jay Guerber at the previously mentioned address in 
the FOR FURTHER INFORMATION CONTACT section.
    After consideration of all relevant material presented, it is found 
that Part 926, as suspended in this action, as hereinafter set forth, 
does not tend to effectuate the declared policy of the Act and that the 
interim final rule, as published in the Federal Register (71 FR 78044, 
December 28, 2006), is adopted, without change, in this final rule.

List of Subjects in 7 CFR Part 926

    Cranberries and cranberry products, Reporting and recordkeeping 
requirements.

PART 926--DATA COLLECTION, REPORTING AND RECORDKEEPING REQUIREMENTS 
APPLICABLE TO CRANBERRIES NOT SUBJECT TO THE CRANBERRY MARKETING 
ORDER

0
Accordingly, the interim final rule suspending 7 CFR part 926 which was 
published at 71 FR 78044 on December 28, 2006, is adopted as a final 
rule without change.

    Dated: March 29, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-6241 Filed 4-3-07; 8:45 am]
BILLING CODE 3410-02-P