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]
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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.
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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
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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:
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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: https://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:
https://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
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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.
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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.
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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
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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.
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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
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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
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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
https://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:
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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 https://
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.
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]]>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
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Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938;
or Internet: https://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: https://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.
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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
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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
