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; Proposed Amendment to Marketing Order, 51383-51386 [2016-18115]

Download as PDF rmajette on DSK2TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules refer to Docket No. APHIS–2016–0026. Please send a copy of your comments to: (1) APHIS, using one of the methods described under ADDRESSES at the beginning of this document, and (2) Clearance Officer, OCIO, USDA, Room 404–W, 14th Street and Independence Avenue SW., Washington, DC 20250. This action would allow for the importation of fresh mango fruit from Vietnam while continuing to provide protection against the introduction of plant pests into the continental United States. Implementing this rule will require irradiation facility requirements, orchard inspections, phytosanitary treatments, port of entry inspections, and phytosanitary certificates. We are soliciting comments from the public (as well as affected agencies) concerning our proposed information collection and recordkeeping requirements. These comments will help us: (1) Evaluate whether the proposed information collection is necessary for the proper performance of our agency’s functions, including whether the information will have practical utility; (2) Evaluate the accuracy of our estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the information collection on those who are to respond (such as through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses). Estimate of burden: Public reporting burden for this collection of information is estimated to average 0.02183 hours per response. Respondents: Foreign businesses and the NPPO of Vietnam. Estimated annual number of respondents: 2. Estimated annual number of responses per respondent: 6,617. Estimated annual number of responses: 13,233. Estimated total annual burden on respondents: 289 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.) Copies of this information collection can be obtained from Ms. Kimberly Hardy, APHIS’ Information Collection Coordinator, at (301) 851–2727. VerDate Sep<11>2014 14:52 Aug 03, 2016 Jkt 238001 E-Government Act Compliance The Animal and Plant Health Inspection Service is committed to compliance 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. For information pertinent to E-Government Act compliance related to this proposed rule, please contact Ms. Kimberly Hardy, APHIS’ Information Collection Coordinator, at (301) 851– 2727. List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we propose to amend 7 CFR part 319 as follows: PART 319—FOREIGN QUARANTINE NOTICES 1. The authority citation for part 319 continues to read as follows: ■ Authority: 7 U.S.C. 450, 7701–7772, and 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. ■ 2. Add § 319.56–76 to read as follows: § 319.56–76 Fresh Mango from Vietnam. Fresh mango (Mangifera indica L.) fruit may be imported into the continental United States under the following conditions: (a) The fresh mango fruit may be imported in commercial consignments only. (b) The fresh mango fruit must be treated for plant pests of the class Insecta, except pupae and adults of the order Lepidoptera, with irradiation in accordance with part 305 of this chapter. (c) The risks presented by Macrophoma mangiferae must be addressed in one of the following ways: (1) The mangoes are treated with a broad-spectrum post-harvest fungicidal dip; or (2) The orchard of origin is inspected prior to the beginning of harvest and found free of Macrophoma mangiferae; or (3) Fruit must originate from an orchard that was treated with a broadspectrum fungicide during the growing season. (d) Each consignment of fresh mango fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Vietnam that contains an additional declaration stating that the PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 51383 fruit in the consignment was inspected and found free of Macrophoma mangiferae and Xanthomonas campestris pv. mangiferaeindicae and has been produced in accordance with the requirements of the systems approach in 7 CFR 319.56–76. (e) The fruit is subject to inspection at the port of entry for all quarantine pests of concern. Done in Washington, DC, this 29th day of July 2016. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016–18439 Filed 8–3–16; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 929 [Doc. No. AMS–SC–16–0041; SC16–929–1 PR] 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; Proposed Amendment to Marketing Order Agricultural Marketing Service, USDA. ACTION: Proposed rule. AGENCY: This proposed rule invites comments on a proposed amendment to Marketing Orders, 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. The Cranberry Marketing Committee (Committee), which is responsible for the local administration of the order and is comprised of growers of cranberries operating within the production area, recommended adding authority to accept donations from domestic contributors. Contributed funds would be used solely for research and development activities authorized under the regulation of the order and would be free from any encumbrances as to their usage by the donor. DATES: Comments must be received by October 3, 2016. ADDRESSES: Written comments should be submitted to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence SUMMARY: E:\FR\FM\04AUP1.SGM 04AUP1 rmajette on DSK2TPTVN1PROD with PROPOSALS 51384 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules Avenue SW., STOP 0237, Washington, DC 20250–0237; Fax: (202) 720–8938; or Internet: http://www.regulations.gov. All comments should reference the document number and the date and page number of this issue of the Federal Register. All comments submitted in response to this proposed rule will be included in the record and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the Internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Abdullah Orozco, Marketing Specialist, or Michelle P. Sharrow, 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: Abdullah.Orozco@ ams.usda.gov or Michelle.Sharrow@ ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Antoinette Carter, 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: Antoinette.Carter@ams.usda.gov. SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing Order and Agreement No. 929, as amended (7 CFR part 929), regulating 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, 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.’’ Section 608c(17) of the Act and the applicable rules of practice and procedure governing the formulation of marketing agreements and orders (7 CFR part 900) authorizes amendment of the order through this informal rulemaking action. AMS will consider comments received in response to this rule, and based on all the information available, will determine if order amendment is warranted. If AMS determines amendment of the order is warranted, a subsequent proposed rule and referendum order would be issued, and producers of cranberries regulated VerDate Sep<11>2014 14:52 Aug 03, 2016 Jkt 238001 within the production area would be allowed to vote for or against the proposed amendment. AMS would then issue a final rule effectuating the amendment if it is approved by producers in the referendum. The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 12866, 13563, and 13175. This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule shall not be deemed to preclude, preempt, or supersede any State program covering cranberries in the production area. 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 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 no later than 20 days after the date of entry of the ruling. Section 1504 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) (Pub. L. 110–246) amended section 18c(17) of the Act, which in turn required the addition of supplemental rules of practice to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of section 18c(17) of the Act and additional supplemental rules of practice authorize the use of informal rulemaking (5 U.S.C. 553) to amend Federal fruit, vegetable, and nut marketing agreements and orders. USDA may use informal rulemaking to amend marketing orders based on the nature and complexity of the proposed amendments, the potential regulatory and economic impacts on affected entities, and any other relevant matters. AMS has considered these factors and has determined that this proposed amendment is not unduly complex and its nature is appropriate for utilizing the informal rulemaking process to amend the order. A discussion of the potential regulatory and economic impacts on affected entities is discussed later in the ‘‘Initial Regulatory Flexibility Analysis’’ section of this rule. PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 The proposed amendment was unanimously recommended by the Committee following deliberations at a public meeting held August 17–18, 2015. The proposed amendment would give the Committee authority to receive and expend voluntary contributions from domestic sources to fund production research, marketing research, and market development projects, including paid advertising, designed to assist, improve, or promote the marketing, distribution, consumption or efficient production of cranberries, as authorized under § 929.45, Research and development. Currently, program operations are solely financed through assessments collected from handlers regulated under the order. Sources not subject to the order have expressed an interest in supporting many of the research and development projects currently funded by the order. However, without the ability to accept financial contributions, the Committee has had to decline these offers. This proposal would provide authority to accept financial contributions. With the potential for additional funding, more research and development projects could be undertaken. This proposal would add a new section, § 929.43, Contributions, to the order. If implemented, this section would authorize the Committee to accept voluntary financial contributions. Such contributions could only be accepted from domestic sources and would be free from any encumbrances or restrictions on their use by the donor. When received, the Committee would retain complete control of their use. The use of contributed funds would be limited to funding program activities authorized under § 929.45, Research and development. Initial Regulatory Flexibility Analysis Pursuant to the 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 initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses 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. E:\FR\FM\04AUP1.SGM 04AUP1 rmajette on DSK2TPTVN1PROD with PROPOSALS Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules There are approximately 1,200 cranberry growers in the regulated area and approximately 45 cranberry handlers who are subject to regulation under the marketing order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts of less than $750,000, and small agricultural service firms are defined as those having annual receipts of less than $7,500,000 (13 CFR 121.201). According to the National Agricultural Statistics Service (NASS), grower prices were $30.90 per barrel for cranberries during the 2014–15 marketing year. NASS also reported total bearing acres at 40,600 and average yield per acre at 10.3 tons for the 2014– 15 marketing year. Based on the total bearing acres provided by NASS and the approximate number of cranberry growers (1,200 growers), the average acreage per grower is 33.8 acres. Multiplying the average acreage per grower (33.8 acres) by the average yield per acre (10.3 tons) results in an average production of 348.5 tons. To convert the average production from tons to barrels, 348.5 tons is multiplied by 2,000 pounds (one ton equals 2,000 pounds) to equal 696,966.7 pounds and is then divided by 100 (100 pounds equals 1 barrel), resulting in an average production per growers of 6,969.7 barrels. Multiplying the average production (6,967.7 barrels) by the grower price ($30.90 per barrel), provided by NASS, equals an average grower revenue of $215,301.90. Based on this calculation, the average annual grower revenue for the 2014–15 marketing year was below $750,000. Using Committee information and shipment data, the majority of cranberry handlers could also be considered small businesses under SBA’s definition. Therefore, the majority of cranberry growers and handlers may be classified as small entities under SBA definitions. The amendment proposed by the Committee would add a new section, § 929.43, Contributions, to the order. If implemented, this section would authorize the Committee to accept voluntary financial contributions. Such contributions could only be accepted from domestic sources and would be free from any encumbrances or restrictions on their use by the donor. When received, the Committee would retain complete control of their use. The use of contributed funds would be limited to funding program activities authorized under § 929.45, Research and development. The Committee’s proposed amendment was unanimously VerDate Sep<11>2014 14:52 Aug 03, 2016 Jkt 238001 recommended at a public meeting on August 17–18, 2015. If the proposal is approved in referendum, there would be no direct financial effect on growers or handlers. This proposal would provide authority to accept additional funding. With the potential for additional funding, more research and promotional projects could be undertaken. Therefore, it is anticipated that both small and large producer and handler businesses would benefit from its implementation. Paperwork Reduction Act 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.’’ No changes in those requirements as a result of this action would be necessary. Should any changes become necessary, they would be submitted to OMB for approval. This proposed rule would impose no 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. The Committee’s meeting was widely publicized throughout the cranberry production area. All interested persons were invited to attend the meeting and encouraged to participate in Committee deliberations on all issues. Like all Committee meetings, the August 17–18, 2015, meeting was public, and all entities, both large and small, were encouraged to express their views on these proposals. Finally, interested persons are invited to submit comments on the proposed amendments to the order, including comments on the regulatory and informational impacts of this action on small businesses. Following analysis of any comments received on the amendments proposed in this rule, AMS will evaluate all available information and determine whether to proceed. If appropriate, a proposed rule and referendum order would be issued, and producers would be provided the opportunity to vote for or against the proposed amendment. Information about the referendum, including dates and voter eligibility requirements, would be published in a future issue of the Federal Register. A final rule would then be issued to effectuate the amendment, if favored by producers participating in the referendum. PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 51385 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 action. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: https://www.ams.usda.gov/rulesregulations/moa/small-businesses. Any questions about the compliance guide should be sent to Antoinette Carter at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. General Findings The findings hereinafter set forth are supplementary to the findings and determinations which were previously made in connection with the issuance of the marketing order; and all said previous findings and determinations are hereby ratified and affirmed, except insofar as such findings and determinations may be in conflict with the findings and determinations set forth herein. 1. The marketing order as hereby proposed to be amended and all of the terms and conditions thereof, would tend to effectuate the declared policy of the Act; 2. The marketing order as hereby proposed to be amended 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 in the same manner as, and is applicable only to, persons in the respective classes of commercial and industrial activity specified in the marketing order; 3. The marketing order as hereby proposed to be amended is limited in application to the smallest regional production area which is practicable, consistent with carrying out the declared policy of the Act, and the issuance of several orders applicable to subdivisions of the production area would not effectively carry out the declared policy of the Act; 4. The marketing order as hereby proposed to be amended prescribes, insofar as practicable, such different terms applicable to different parts of the production area as are necessary to give due recognition to the differences in the production and marketing of cranberries produced or handled in the production area; and E:\FR\FM\04AUP1.SGM 04AUP1 51386 Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules 5. All handling of cranberries produced in the production area as defined in the order is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce. A 60-day comment period is provided to allow interested persons to respond to these proposals. Any comments received on the amendments proposed in this rule will be analyzed, and if AMS determines to proceed based on all the information presented, a producer referendum would be conducted to determine producer support for the proposed amendments. If appropriate, a final rule would then be issued to effectuate the amendment favored by producers participating in the referendum. 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 proposed to be 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. Add a new § 929.43 to read as follows: ■ § 929.43 Contributions. rmajette on DSK2TPTVN1PROD with PROPOSALS The Committee may accept voluntary contributions to pay expenses incurred pursuant to § 929.45, Research and development. Such contributions may only be accepted if they are sourced from domestic contributors and are free from any encumbrances or restrictions on their use by the donor. The Cranberry Marketing Committee shall retain complete control of their use. * * * * * Dated: July 27, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016–18115 Filed 8–3–16; 8:45 am] BILLING CODE 3410–02–P VerDate Sep<11>2014 14:52 Aug 03, 2016 Jkt 238001 DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 9 CFR Parts 1, 2, and 3 [Docket No. APHIS–2014–0059] RIN 0579–AD99 Thresholds for De Minimis Activity and Exemptions From Licensing Under the Animal Welfare Act Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. AGENCY: We are proposing to amend the Animal Welfare Act (AWA) regulations in response to a 2014 Farm Bill amendment to the Act that provides the Secretary of Agriculture with the authority to determine that animal dealers and exhibitors are not required to obtain a license under the Act and regulations if the size of the business conducting AWA-related activities is determined to be de minimis by the Secretary. The Animal and Plant Health Inspection Service has reviewed past compliance with the Animal Welfare Act of currently-regulated facilities and has determined that de minimis businesses, as defined in the rule are capable of providing adequate care and treatment of the animals involved in regulated business activities. We also propose amending the regulations in response to a 2013 amendment to the Act that excludes from the definition of ‘‘exhibitor’’ some owners of household pets that are exhibited occasionally, generate less than a substantial portion of income, and reside exclusively with the owner. Dealers and exhibitors operating at or below the thresholds determined for their particular AWArelated business activity would be exempted from Federal licensing requirements established under the Act and regulations. Our proposed actions would amend the regulations to be consistent with the Act while continuing to ensure the humane care and treatment of animals covered under the AWA. DATES: We will consider all comments that we receive on or before November 2, 2016. ADDRESSES: You may submit comments by any of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2014-0059. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2014–0059, Regulatory Analysis and Development, PPD, APHIS, Station SUMMARY: PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 3A–03.8, 4700 River Road, Unit 118, Riverdale, MD 20737–1238. Supporting documents and any comments we receive on this docket may be viewed at http:// www.regulations.gov/ #!docketDetail;D=APHIS-2014-0059 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799–7039 before coming. FOR FURTHER INFORMATION CONTACT: Dr. Kay Carter-Corker, DVM, Director, National Policy Staff, USDA-APHISAnimal Care, 4700 River Road, Unit 84, Riverdale, MD 20737; (301) 851–3748. SUPPLEMENTARY INFORMATION: Background Under the Animal Welfare Act (AWA or the Act, 7 U.S.C. 2131 et seq.), the Secretary of Agriculture is authorized to promulgate standards and other requirements governing the humane handling, care, treatment, and transportation of certain animals by dealers, research facilities, exhibitors, operators of auction sales, and carriers and intermediate handlers. The Secretary has delegated responsibility for administering the AWA to the Administrator of U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (APHIS). Within APHIS, the responsibility for administering the AWA has been delegated to the Deputy Administrator for Animal Care. Regulations and standards established under the AWA are contained in the Code of Federal Regulations (CFR) in 9 CFR parts 1, 2, and 3 (referred to below as the regulations). Part 1 contains definitions for terms used in parts 2 and 3; part 2 provides administrative requirements and sets forth institutional responsibilities for regulated parties; and part 3 contains specifications for the humane handling, care, treatment, and transportation of animals covered by the AWA. The AWA seeks to ensure the humane handling, care, treatment, and transportation of animals intended for use by dealers, research facilities, and exhibitors, operators of auction sales, and carriers and intermediate handlers. Dealers (including breeders meeting the definition of ‘‘dealer’’) and exhibitors of such animals must obtain licenses and comply with AWA regulations and standards, and their facilities are inspected by APHIS for compliance. E:\FR\FM\04AUP1.SGM 04AUP1

Agencies

[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Proposed Rules]
[Pages 51383-51386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18115]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 929

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


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; Proposed 
Amendment to Marketing Order

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule invites comments on a proposed amendment to 
Marketing Orders, 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. The Cranberry Marketing Committee (Committee), 
which is responsible for the local administration of the order and is 
comprised of growers of cranberries operating within the production 
area, recommended adding authority to accept donations from domestic 
contributors. Contributed funds would be used solely for research and 
development activities authorized under the regulation of the order and 
would be free from any encumbrances as to their usage by the donor.

DATES: Comments must be received by October 3, 2016.

ADDRESSES: Written comments should be submitted to the Docket Clerk, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA, 1400 Independence

[[Page 51384]]

Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; 
or Internet: http://www.regulations.gov. All comments should reference 
the document number and the date and page number of this issue of the 
Federal Register. All comments submitted in response to this proposed 
rule will be included in the record and will be made available for 
public inspection in the Office of the Docket Clerk during regular 
business hours, or can be viewed at: http://www.regulations.gov. Please 
be advised that the identity of the individuals or entities submitting 
the comments will be made public on the Internet at the address 
provided above.

FOR FURTHER INFORMATION CONTACT: Abdullah Orozco, Marketing Specialist, 
or Michelle P. Sharrow, 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: 
Abdullah.Orozco@ams.usda.gov or Michelle.Sharrow@ams.usda.gov.
    Small businesses may request information on complying with this 
regulation by contacting Antoinette Carter, 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: 
Antoinette.Carter@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This proposal is issued under Marketing 
Order and Agreement No. 929, as amended (7 CFR part 929), regulating 
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, 
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.'' Section 608c(17) of 
the Act and the applicable rules of practice and procedure governing 
the formulation of marketing agreements and orders (7 CFR part 900) 
authorizes amendment of the order through this informal rulemaking 
action. AMS will consider comments received in response to this rule, 
and based on all the information available, will determine if order 
amendment is warranted. If AMS determines amendment of the order is 
warranted, a subsequent proposed rule and referendum order would be 
issued, and producers of cranberries regulated within the production 
area would be allowed to vote for or against the proposed amendment. 
AMS would then issue a final rule effectuating the amendment if it is 
approved by producers in the referendum.
    The Department of Agriculture (USDA) is issuing this proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposal has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule shall not be deemed to preclude, preempt, or supersede any 
State program covering cranberries in the production area.
    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 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 no later than 20 days after the date of 
entry of the ruling.
    Section 1504 of the Food, Conservation, and Energy Act of 2008 
(2008 Farm Bill) (Pub. L. 110-246) amended section 18c(17) of the Act, 
which in turn required the addition of supplemental rules of practice 
to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of 
section 18c(17) of the Act and additional supplemental rules of 
practice authorize the use of informal rulemaking (5 U.S.C. 553) to 
amend Federal fruit, vegetable, and nut marketing agreements and 
orders. USDA may use informal rulemaking to amend marketing orders 
based on the nature and complexity of the proposed amendments, the 
potential regulatory and economic impacts on affected entities, and any 
other relevant matters.
    AMS has considered these factors and has determined that this 
proposed amendment is not unduly complex and its nature is appropriate 
for utilizing the informal rulemaking process to amend the order. A 
discussion of the potential regulatory and economic impacts on affected 
entities is discussed later in the ``Initial Regulatory Flexibility 
Analysis'' section of this rule.
    The proposed amendment was unanimously recommended by the Committee 
following deliberations at a public meeting held August 17-18, 2015. 
The proposed amendment would give the Committee authority to receive 
and expend voluntary contributions from domestic sources to fund 
production research, marketing research, and market development 
projects, including paid advertising, designed to assist, improve, or 
promote the marketing, distribution, consumption or efficient 
production of cranberries, as authorized under Sec.  929.45, Research 
and development.
    Currently, program operations are solely financed through 
assessments collected from handlers regulated under the order. Sources 
not subject to the order have expressed an interest in supporting many 
of the research and development projects currently funded by the order. 
However, without the ability to accept financial contributions, the 
Committee has had to decline these offers. This proposal would provide 
authority to accept financial contributions. With the potential for 
additional funding, more research and development projects could be 
undertaken.
    This proposal would add a new section, Sec.  929.43, Contributions, 
to the order. If implemented, this section would authorize the 
Committee to accept voluntary financial contributions. Such 
contributions could only be accepted from domestic sources and would be 
free from any encumbrances or restrictions on their use by the donor. 
When received, the Committee would retain complete control of their 
use. The use of contributed funds would be limited to funding program 
activities authorized under Sec.  929.45, Research and development.

Initial Regulatory Flexibility Analysis

    Pursuant to the 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 initial regulatory 
flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses 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.

[[Page 51385]]

    There are approximately 1,200 cranberry growers in the regulated 
area and approximately 45 cranberry handlers who are subject to 
regulation under the marketing order. Small agricultural producers are 
defined by the Small Business Administration (SBA) as those having 
annual receipts of less than $750,000, and small agricultural service 
firms are defined as those having annual receipts of less than 
$7,500,000 (13 CFR 121.201).
    According to the National Agricultural Statistics Service (NASS), 
grower prices were $30.90 per barrel for cranberries during the 2014-15 
marketing year. NASS also reported total bearing acres at 40,600 and 
average yield per acre at 10.3 tons for the 2014-15 marketing year.
    Based on the total bearing acres provided by NASS and the 
approximate number of cranberry growers (1,200 growers), the average 
acreage per grower is 33.8 acres. Multiplying the average acreage per 
grower (33.8 acres) by the average yield per acre (10.3 tons) results 
in an average production of 348.5 tons. To convert the average 
production from tons to barrels, 348.5 tons is multiplied by 2,000 
pounds (one ton equals 2,000 pounds) to equal 696,966.7 pounds and is 
then divided by 100 (100 pounds equals 1 barrel), resulting in an 
average production per growers of 6,969.7 barrels.
    Multiplying the average production (6,967.7 barrels) by the grower 
price ($30.90 per barrel), provided by NASS, equals an average grower 
revenue of $215,301.90. Based on this calculation, the average annual 
grower revenue for the 2014-15 marketing year was below $750,000.
    Using Committee information and shipment data, the majority of 
cranberry handlers could also be considered small businesses under 
SBA's definition. Therefore, the majority of cranberry growers and 
handlers may be classified as small entities under SBA definitions.
    The amendment proposed by the Committee would add a new section, 
Sec.  929.43, Contributions, to the order. If implemented, this section 
would authorize the Committee to accept voluntary financial 
contributions. Such contributions could only be accepted from domestic 
sources and would be free from any encumbrances or restrictions on 
their use by the donor. When received, the Committee would retain 
complete control of their use. The use of contributed funds would be 
limited to funding program activities authorized under Sec.  929.45, 
Research and development.
    The Committee's proposed amendment was unanimously recommended at a 
public meeting on August 17-18, 2015. If the proposal is approved in 
referendum, there would be no direct financial effect on growers or 
handlers. This proposal would provide authority to accept additional 
funding. With the potential for additional funding, more research and 
promotional projects could be undertaken. Therefore, it is anticipated 
that both small and large producer and handler businesses would benefit 
from its implementation.

Paperwork Reduction Act

    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.'' No changes in 
those requirements as a result of this action would be necessary. 
Should any changes become necessary, they would be submitted to OMB for 
approval.
    This proposed rule would impose no 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.
    The Committee's meeting was widely publicized throughout the 
cranberry production area. All interested persons were invited to 
attend the meeting and encouraged to participate in Committee 
deliberations on all issues. Like all Committee meetings, the August 
17-18, 2015, meeting was public, and all entities, both large and 
small, were encouraged to express their views on these proposals. 
Finally, interested persons are invited to submit comments on the 
proposed amendments to the order, including comments on the regulatory 
and informational impacts of this action on small businesses.
    Following analysis of any comments received on the amendments 
proposed in this rule, AMS will evaluate all available information and 
determine whether to proceed. If appropriate, a proposed rule and 
referendum order would be issued, and producers would be provided the 
opportunity to vote for or against the proposed amendment. Information 
about the referendum, including dates and voter eligibility 
requirements, would be published in a future issue of the Federal 
Register. A final rule would then be issued to effectuate the 
amendment, if favored by producers participating in the referendum.
    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 action. A small business guide on 
complying with fruit, vegetable, and specialty crop marketing 
agreements and orders may be viewed at: https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance 
guide should be sent to Antoinette Carter at the previously mentioned 
address in the FOR FURTHER INFORMATION CONTACT section.

General Findings

    The findings hereinafter set forth are supplementary to the 
findings and determinations which were previously made in connection 
with the issuance of the marketing order; and all said previous 
findings and determinations are hereby ratified and affirmed, except 
insofar as such findings and determinations may be in conflict with the 
findings and determinations set forth herein.
    1. The marketing order as hereby proposed to be amended and all of 
the terms and conditions thereof, would tend to effectuate the declared 
policy of the Act;
    2. The marketing order as hereby proposed to be amended 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 in the 
same manner as, and is applicable only to, persons in the respective 
classes of commercial and industrial activity specified in the 
marketing order;
    3. The marketing order as hereby proposed to be amended is limited 
in application to the smallest regional production area which is 
practicable, consistent with carrying out the declared policy of the 
Act, and the issuance of several orders applicable to subdivisions of 
the production area would not effectively carry out the declared policy 
of the Act;
    4. The marketing order as hereby proposed to be amended prescribes, 
insofar as practicable, such different terms applicable to different 
parts of the production area as are necessary to give due recognition 
to the differences in the production and marketing of cranberries 
produced or handled in the production area; and

[[Page 51386]]

    5. All handling of cranberries produced in the production area as 
defined in the order is in the current of interstate or foreign 
commerce or directly burdens, obstructs, or affects such commerce.
    A 60-day comment period is provided to allow interested persons to 
respond to these proposals. Any comments received on the amendments 
proposed in this rule will be analyzed, and if AMS determines to 
proceed based on all the information presented, a producer referendum 
would be conducted to determine producer support for the proposed 
amendments. If appropriate, a final rule would then be issued to 
effectuate the amendment favored by producers participating in the 
referendum.

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 
proposed to be 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. Add a new Sec.  929.43 to read as follows:


Sec.  929.43  Contributions.

    The Committee may accept voluntary contributions to pay expenses 
incurred pursuant to Sec.  929.45, Research and development. Such 
contributions may only be accepted if they are sourced from domestic 
contributors and are free from any encumbrances or restrictions on 
their use by the donor. The Cranberry Marketing Committee shall retain 
complete control of their use.
* * * * *

    Dated: July 27, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-18115 Filed 8-3-16; 8:45 am]
 BILLING CODE 3410-02-P