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; Changes to Reporting Dates, 20514-20516 [2010-8273]
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations
this rule will not have any negative
impact on the rights, roles, and
responsibilities of State, local, or tribal
governments.
List of Subjects in 5 CFR Part 894
Administrative practice and
procedure, Employee benefit plans,
Government employees, Reporting and
recordkeeping requirements,
Retirement.
Accordingly, OPM amends 5 CFR part
894 as follows:
■
PART 894—FEDERAL EMPLOYEES
DENTAL AND VISION PROGRAM
1. The authority citation for part 894
is revised to read as follows:
■
Authority: 5 U.S.C. 8962; 5 U.S.C. 8992;
subpart C also issued under sec. 1 of Pub. L.
110–279, 122 Stat. 2604.
Subpart C—Eligibility
2. Revise § 894.301 to read as follows:
§ 894.301
FEDVIP?
Am I eligible to enroll in the
You are eligible if—
(a) You meet the definition of
employee in 5 U.S.C. 8901(1), unless
you are in an excluded position;
(b) You are an employee of the United
States Postal Service or the District of
Columbia courts; or
(c)(1) You were employed by the
Architect of the Capitol as a Senate
Restaurants employee the day before the
food services operations of the Senate
Restaurants were transferred to a private
business concern; and
(2) You accepted employment by the
business concern and elected to
continue your Federal retirement
benefits and your FEDVIP coverage. You
continue to be eligible for FEDVIP
coverage as long as you remain
employed by the business concern or its
successor.
■ 3. Revise § 894.302 introductory text
to read as follows:
erowe on DSK5CLS3C1PROD with RULES
§ 894.302
When may I enroll?
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(d) From 31 days before you or an
eligible family member loses other
dental/vision coverage to 60 days after
a QLE that allows you to enroll.
■ 5. Revise § 894.510(c) and (d) to read
as follows:
§ 894.510 When may I decrease my type of
enrollment?
*
U.S. Office of Personnel Management.
John Berry,
Director.
■
§ 894.501
What is an excluded position?
Excluded positions are described in 5
U.S.C. 8901(1)(i), (ii), (iii), and (iv) and
5 CFR 890.102(c), except that employees
of the United States Postal Service and
District of Columbia courts are not
excluded positions.
*
*
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(c)(1) Except as provided in paragraph
(c)(2) of this section, you may decrease
your type of enrollment only during the
period beginning 31 days before your
QLE and ending 60 days after your QLE.
(2) You may make any of the
following enrollment changes at any
time beginning 31 days before a QLE
listed in § 894.511(a):
(i) A decrease in your self plus one
enrollment;
(ii) A decrease in your self and family
enrollment to a self plus one
enrollment, when you have only one
remaining eligible family member; or
(iii) A decrease in your self and family
enrollment to a self only enrollment,
when you have no remaining eligible
family members.
(d)(1) Except as provided in paragraph
(d)(2) of this section, your change in
enrollment is effective the first day of
the first pay period following the one in
which you make the change.
(2) If you are making an enrollment
change described in paragraph (c)(2) of
this section, your change in enrollment
is effective on the first day of the first
pay period following the QLE on which
the enrollment change is based.
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[FR Doc. 2010–8944 Filed 4–19–10; 8:45 am]
BILLING CODE 6325–39–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 929
[Doc. No. AMS–FV–09–0073; FV10–929–1
FR]
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; Changes to
Reporting Dates
Subpart E—Enrollment and Changing
Enrollment
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Final rule.
4. Revise § 894.501(d) to read as
follows:
SUMMARY: This rule changes reporting
dates prescribed under the marketing
■
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13:39 Apr 19, 2010
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order that 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
administered locally by the Cranberry
Marketing Committee (Committee). This
rule revises the due dates of handler
reports to provide more time for
handlers to file their reports with the
Committee, and would improve handler
compliance with the order’s reporting
regulations.
DATES: Effective Date: April 21, 2010.
FOR FURTHER INFORMATION CONTACT:
Patricia A. Petrella, Marketing Specialist
or Kenneth G. Johnson, Regional
Manager, DC Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (301) 734–
5243, Fax: (301) 734–5275, or E-mail:
Patricia.Petrella@ams.usda.gov or
Kenneth.Johnson@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Antoinette
Carter, 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:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final
rule is issued under Marketing
Agreement and Order No. 929, both as
amended (7 CFR part 929), regulating
the handling of cranberries produced in
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.’’
The Department of Agriculture
(USDA) 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.
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 USDA 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
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations
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, USDA
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 USDA’s ruling on
the petition, provided an action is filed
not later than 20 days after the date of
the entry of the ruling.
This rule revises the due dates of
handler reports from January 5, May 5,
and August 5 of each fiscal period and
September 5 of the succeeding fiscal
period to January 20, May 20, and
August 20 of each fiscal period and
September 20 of the succeeding period,
respectively. The new reporting dates
will provide more time for handlers to
file their reports. It has become more
difficult for handlers to meet the current
filing deadlines due to the demands of
growing domestic and international
markets and the larger volumes of
cranberries handled.
Currently, § 929.62(d) of the order
provides that each handler shall, upon
request of the Committee, file promptly
with the Committee a certified report as
to the quantity of cranberries handled
during any designated period or
periods. Further, § 929.105 provides that
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. These
reports must show the total quantity of
cranberries acquired and the total
quantity of cranberries and Vaccinium
oxycoccus cranberries the handler
handled from the beginning of the
reporting period indicated through
December 31, April 30, July 31, and
August 31, respectively. The reports
must also show 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.
Information to be submitted to the
Committee on the handler reports will
not be changed by this action.
The Committee recommended that the
order’s reporting regulations be changed
to allow handlers additional time to
submit these reports. Over time, the
amount of cranberries being grown and
handled has increased, and the greater
demands associated with expanding
markets have made it increasingly
difficult for handlers to gather the
VerDate Nov<24>2008
13:39 Apr 19, 2010
Jkt 220001
information required for the reports
before the filing deadline.
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 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 80 handlers
of cranberries who are subject to
regulation under the marketing order
and approximately 1,200 cranberry
growers in the regulated area. Small
agricultural service firms are defined by
the Small Business Administration
(SBA) (13 CFR 121.201) as those having
annual receipts of less than $7,000,000,
and small agricultural producers are
defined as those having annual receipts
of less than $750,000. Based on
information maintained by the
Committee, the majority of growers and
handlers of cranberries under the order
would be considered small entities
under SBA’s standards.
Under the order, handlers are
required to submit acquisition,
handling, and inventory reports to the
Committee four times per year. Such
information is used by the Committee in
the administration of the order. The
currently prescribed due dates follow
the end of each respective reporting
period by five days. Handlers indicated
that it has become difficult to comply
with the current reporting deadlines
because five days is not enough time to
compile the information required for the
reports.
This rule revises the due dates of
mandatory handler reports from January
5, May 5, and August 5 of each fiscal
period; and September 5 of the
succeeding fiscal period to January 20,
May 20, and August 20 of each fiscal
period; and September 20 of the
succeeding period, respectively. The
new reporting dates will provide more
time for handlers to file their reports.
At its August 21, 2009, meeting, the
Committee discussed whether the
current due dates needed to be changed
to allow more time for handlers to
comply with the reporting requirements.
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20515
The Committee staff indicated that
compliance with the order’s reporting
requirements will improve if handlers
were given additional time to file the
reports.
The Committee discussed alternatives
to this change, including not making the
change at all. However, the Committee
believes that this change is necessary to
ensure that handlers have adequate time
to comply with the order’s
requirements.
This rule is not expected to have any
economic impact on growers or
handlers of any size. The benefits of this
rule are not expected to be
disproportionately greater or less for
small handlers or growers than for larger
entities.
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.
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.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this proposed rule.
In addition, 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 on all issues. Like all
Committee meetings, the August 21,
2009, meeting was a public meeting and
all entities, both large and small, were
able to express views on this issue.
Finally, interested persons were invited
to submit comments on this proposal,
including the regulatory and
informational impacts of this action on
small businesses.
A proposed rule concerning this
action was published in the Federal
Register on February 5, 2010 (75 FR
5898). Copies of the rule were mailed or
sent facsimile to all Committee members
and cranberry handlers. The rule was
made available through the Internet by
USDA and the Office of the Federal
Register. A 30-day comment period
ending March 8, 2010, was provided to
allow interested persons to respond to
the proposal. One comment was
received in support of the proposal from
Ocean Spray Cranberries, Inc.
A small business guide on complying
with fruit, vegetable, and specialty crop
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Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Rules and Regulations
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov.
Any questions about the compliance
guide should be sent to Antoinette
Carter at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
matters presented, including the
information and recommendation
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.
It is further found that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register (5
U.S.C. 553) because the next reporting
period ends on May 20 and the
Committee needs to inform all handlers
of this change to the reporting time.
Therefore, this rule should be
implemented as soon as possible.
Further, handlers were made aware of
this change which was recommended at
a public meeting. Also, a 30-day
comment period was provided for in the
proposed rule.
List of Subjects in 7 CFR Part 929
Marketing agreements, Reporting and
recordkeeping requirements,
Cranberries.
For the reasons set forth in the
preamble, 7 CFR part 929 is amended as
follows:
■
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
1. The authority citation for 7 CFR
part 929 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Amend § 929.105 by revising the
introductory text of paragraph (b) to
read as follows:
■
§ 929.105
Reporting.
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(b) Certified reports shall be filed with
the committee, on a form provided by
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
showing:
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13:39 Apr 19, 2010
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Dated: April 7, 2010.
David R. Shipman
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–8273 Filed 4–19–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. CE305; Special Conditions No.
23–245–SC]
Special Conditions: Cirrus Design
Corporation, Model SF50; Fire
Extinguishing for Upper Aft Fuselage
Mounted Engine
AGENCY: Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
SUMMARY: These special conditions are
issued for the Cirrus Design
Corporation, model SF50 airplane. This
single turbofan engine airplane will
have a novel or unusual design
feature(s) associated with mounting the
engine in the aft fuselage. The
applicable airworthiness regulations do
not contain adequate or appropriate
safety standards for this design feature.
These special conditions contain the
additional safety standards that the
Administrator considers necessary to
establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: The effective date of these
special conditions is April 12, 2010.
We must receive your comments by
May 20, 2010.
ADDRESSES: Mail two copies of your
comments to: Federal Aviation
Administration, Regional Counsel,
ACE–7, Attn: Rules Docket No. CE305,
901 Locust, Kansas City, MO 64106.
You may deliver two copies to the
Regional Counsel at the above address.
Mark your comments: Docket No.
CE305. You may inspect comments in
the Rules Docket weekdays, except
Federal holidays, between 7:30 a.m. and
4 p.m.
FOR FURTHER INFORMATION CONTACT:
Leslie B. Taylor, Federal Aviation
Administration, Small Airplane
Directorate, Aircraft Certification
Service, 901 Locust, Room 301, Kansas
City, MO 64106; telephone (816) 329–
4134; facsimile (816) 329–4090, email
leslie.b.taylor@faa.gov.
SUPPLEMENTARY INFORMATION: The FAA
has determined that notice and
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opportunity for prior public comment
hereon are impracticable because these
procedures would significantly delay
issuance of the design approval and
thus delivery of the affected aircraft. In
addition, the substance of these special
conditions has been subject to the
public comment process in several prior
instances with no substantive comments
received. The FAA therefore finds that
good cause exists for making these
special conditions effective upon
issuance.
Comments Invited
We invite interested persons to
submit such written data, views, or
arguments as they desire. The most
helpful comments reference a specific
portion of the special conditions,
explain the reason for any
recommended change, and include
supporting data. We ask that you send
us two copies of written comments.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
about these special conditions. You may
inspect the docket before and after the
comment closing date. If you wish to
review the docket in person, go to the
address in the ADDRESSES section of this
preamble between 7:30 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
We will consider all comments we
receive by the closing date for
comments. We will consider comments
filed late if it is possible to do so
without incurring expense or delay. We
may change these special conditions
based on the comments we receive.
If you want us to let you know we
received your comments on these
special conditions, send us a preaddressed, stamped postcard on which
the docket number appears. We will
stamp the date on the postcard and mail
it back to you.
Background
On September 9, 2008, Cirrus Design
Corporation applied for a type
certificate for their new model SF50.
The model SF50 is a 7 seat (5 adults and
2 children), pressurized, retractable
gear, carbon composite, airplane with
one turbofan engine mounted partially
in the upper aft fuselage.
The single turbofan engine is
mounted on the upper aft fuselage, not
in the pilot’s line of site. Upper aft
fuselage mounted engine installations,
along with the need to protect such
installed engines from fires, were not
envisioned in the development of the
part 23 normal category regulations.
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]]>Agencies
[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Rules and Regulations]
[Pages 20514-20516]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8273]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 929
[Doc. No. AMS-FV-09-0073; FV10-929-1 FR]
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; Changes to
Reporting Dates
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule changes reporting dates prescribed under the
marketing order that 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 administered locally by the
Cranberry Marketing Committee (Committee). This rule revises the due
dates of handler reports to provide more time for handlers to file
their reports with the Committee, and would improve handler compliance
with the order's reporting regulations.
DATES: Effective Date: April 21, 2010.
FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella, Marketing
Specialist or Kenneth G. Johnson, Regional Manager, DC Marketing Field
Office, Marketing Order Administration Branch, Fruit and Vegetable
Programs, AMS, USDA; Telephone: (301) 734-5243, Fax: (301) 734-5275, or
E-mail: Patricia.Petrella@ams.usda.gov or Kenneth.Johnson@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Antoinette Carter, 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:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Agreement and Order No. 929, both as amended (7 CFR part 929),
regulating the handling of cranberries produced in 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.''
The Department of Agriculture (USDA) 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.
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 USDA 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
[[Page 20515]]
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, USDA 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 USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This rule revises the due dates of handler reports from January 5,
May 5, and August 5 of each fiscal period and September 5 of the
succeeding fiscal period to January 20, May 20, and August 20 of each
fiscal period and September 20 of the succeeding period, respectively.
The new reporting dates will provide more time for handlers to file
their reports. It has become more difficult for handlers to meet the
current filing deadlines due to the demands of growing domestic and
international markets and the larger volumes of cranberries handled.
Currently, Sec. 929.62(d) of the order provides that each handler
shall, upon request of the Committee, file promptly with the Committee
a certified report as to the quantity of cranberries handled during any
designated period or periods. Further, Sec. 929.105 provides that
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. These reports must show the total quantity of
cranberries acquired and the total quantity of cranberries and
Vaccinium oxycoccus cranberries the handler handled from the beginning
of the reporting period indicated through December 31, April 30, July
31, and August 31, respectively. The reports must also show 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. Information to be submitted to the Committee on the handler
reports will not be changed by this action.
The Committee recommended that the order's reporting regulations be
changed to allow handlers additional time to submit these reports. Over
time, the amount of cranberries being grown and handled has increased,
and the greater demands associated with expanding markets have made it
increasingly difficult for handlers to gather the information required
for the reports before the filing deadline.
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 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 80 handlers of cranberries who are subject
to regulation under the marketing order and approximately 1,200
cranberry growers in the regulated area. Small agricultural service
firms are defined by the Small Business Administration (SBA) (13 CFR
121.201) as those having annual receipts of less than $7,000,000, and
small agricultural producers are defined as those having annual
receipts of less than $750,000. Based on information maintained by the
Committee, the majority of growers and handlers of cranberries under
the order would be considered small entities under SBA's standards.
Under the order, handlers are required to submit acquisition,
handling, and inventory reports to the Committee four times per year.
Such information is used by the Committee in the administration of the
order. The currently prescribed due dates follow the end of each
respective reporting period by five days. Handlers indicated that it
has become difficult to comply with the current reporting deadlines
because five days is not enough time to compile the information
required for the reports.
This rule revises the due dates of mandatory handler reports from
January 5, May 5, and August 5 of each fiscal period; and September 5
of the succeeding fiscal period to January 20, May 20, and August 20 of
each fiscal period; and September 20 of the succeeding period,
respectively. The new reporting dates will provide more time for
handlers to file their reports.
At its August 21, 2009, meeting, the Committee discussed whether
the current due dates needed to be changed to allow more time for
handlers to comply with the reporting requirements. The Committee staff
indicated that compliance with the order's reporting requirements will
improve if handlers were given additional time to file the reports.
The Committee discussed alternatives to this change, including not
making the change at all. However, the Committee believes that this
change is necessary to ensure that handlers have adequate time to
comply with the order's requirements.
This rule is not expected to have any economic impact on growers or
handlers of any size. The benefits of this rule are not expected to be
disproportionately greater or less for small handlers or growers than
for larger entities.
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.
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.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this proposed rule.
In addition, 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 on all issues. Like all Committee meetings, the August
21, 2009, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue. Finally, interested
persons were invited to submit comments on this proposal, including the
regulatory and informational impacts of this action on small
businesses.
A proposed rule concerning this action was published in the Federal
Register on February 5, 2010 (75 FR 5898). Copies of the rule were
mailed or sent facsimile to all Committee members and cranberry
handlers. The rule was made available through the Internet by USDA and
the Office of the Federal Register. A 30-day comment period ending
March 8, 2010, was provided to allow interested persons to respond to
the proposal. One comment was received in support of the proposal from
Ocean Spray Cranberries, Inc.
A small business guide on complying with fruit, vegetable, and
specialty crop
[[Page 20516]]
marketing agreements and orders may be viewed at: https://www.ams.usda.gov. Any questions about the compliance guide should be
sent to Antoinette Carter at the previously mentioned address in the
FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant matters presented, including
the information and recommendation 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.
It is further found that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register (5 U.S.C. 553) because the next reporting period ends
on May 20 and the Committee needs to inform all handlers of this change
to the reporting time. Therefore, this rule should be implemented as
soon as possible. Further, handlers were made aware of this change
which was recommended at a public meeting. Also, a 30-day comment
period was provided for in the proposed rule.
List of Subjects in 7 CFR Part 929
Marketing agreements, Reporting and recordkeeping requirements,
Cranberries.
0
For the reasons set forth in the preamble, 7 CFR part 929 is amended as
follows:
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
0
1. The authority citation for 7 CFR part 929 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Amend Sec. 929.105 by revising the introductory text of 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 20,
May 20, and August 20 of each fiscal period and by September 20 of the
succeeding fiscal period showing:
* * * * *
Dated: April 7, 2010.
David R. Shipman
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-8273 Filed 4-19-10; 8:45 am]
BILLING CODE 3410-02-P
