[Federal Register Volume 61, Number 117 (Monday, June 17, 1996)]
[Rules and Regulations]
[Pages 30497-30498]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15093]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 929
[Docket No. FV-96-929-1FR]
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; Change in
Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule modifies language in the cranberry marketing
order's rules and regulations to change the first date by which
handlers must file their acquisition reports from February 5 to January
5 during each crop year. This rule will provide more useful production
information to the cranberry industry at an earlier time and is based
on a recommendation of the Cranberry Marketing Committee (Committee),
which is responsible for local administration of the order.
EFFECTIVE DATE: This final rule becomes effective July 17, 1996.
FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kathleen M.
Finn, Marketing Specialists, Marketing Order Administration Branch,
F&V, AMS, USDA, room 2522-S, P.O. Box 96456, Washington, DC 20090-6456:
telephone: (202) 720-1509, Fax # (202) 720-5698.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Order No. 929 (7 CFR Part 929), as amended, regulating the handling of
cranberries grown in 10 States, hereinafter referred to as the
``order.'' The order is effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the ``Act.''
The Department of Agriculture (Department) is issuing this final
rule in conformance with Executive Order 12866.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is not intended to have retroactive
effect. This final rule will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the Secretary 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 the Secretary will 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 the Secretary's
ruling on the petition, provided an action is filed not later than 20
days after date of the entry of the ruling.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action on small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 15 handlers of cranberries who are subject
to regulation under the marketing order and approximately 1,100
producers of cranberries in the regulated area. Small agricultural
service firms, which includes handlers, have been defined by the Small
Business Administration (13 CFR 121.601) as those having annual
receipts of less than $5,000,000, and small agricultural producers are
defined as those having annual receipts of less than $500,000. A
majority of handlers and producers of cranberries may be classified as
small entities.
This rule modifies the language in the order's rules and
regulations to change the first date by which handlers must file their
acquisition reports from February 5 to January 5. The committee
unanimously recommended that the date be changed from February 5 to
January 1. The Department proposed modifying the recommendation by
requiring the first report to be filed by January 5 in order to allow
sufficient time for the handlers to file the reports.
Section 929.62(b) of the cranberry marketing order provides
authority to require each handler to file promptly with the committee a
certified report as to the quantity of cranberries acquired during such
period as may be specified. The fiscal period under the order is from
September 1 of one year through August 31 of the following year.
Section 929.105(b) of the order's rules and regulations prescribe that
certified reports shall be filed by each handler to the committee not
later than the 5th day of February, May, and August of each fiscal
period and the 5th day of September of the succeeding fiscal period.
Such report shall show the total quantity of cranberries the handler
acquired and the total quantity of cranberries the handler handled from
the beginning of the reporting period indicated through January 31,
April 30, July 31, and August 31, respectively.
The committee recommended that the first acquisition report due to
the committee on February 5 that shows the total quantity of
cranberries the handler acquired through January 31 be changed to an
earlier date. This will provide producers and handlers vital production
information earlier in the season and allow them to plan accordingly.
The order's reporting and recordkeeping requirements have not been
amended since 1988. Handlers' techniques in gathering and recording
acquisition data have progressed considerably over the last seven
years. Handlers have indicated that they could provide the committee
with an acquisition report prior to January 1 of the crop year.
Therefore, the committee recommended that section 929.105(b) be
revised by changing the first reporting
[[Page 30498]]
due date from February 5 to January 1. As stated previously, the
Department has modified this date from January 1 to January 5. The
first acquisition report currently shows the total quantity of
cranberries acquired and the total quantity of cranberries handled from
the beginning of the reporting period through January 31. The committee
also recommended that the January 31 date be changed to December 31 to
make the report consistent with the new due date. In addition, the
Department is modifying Sec. 929.105(b) by listing each one of the due
dates. This will make the section easier to understand as to when each
report is due.
The proposed rule concerning this action was published in the April
22, 1996, Federal Register (78 FR 17586), with a 30-day comment period
ending May 22, 1996. No comments were received.
There was one error in the regulatory text appearing in the
proposed rule. In Sec. 929.105(b)(2), the proposed rule indicated that
the certified report due from handlers on January 5 show the quantities
of cranberries and cranberry products held by the handler on February
1. The latter date should be January 1. This final rule corrects
Sec. 929.105(b)(2) accordingly.
Based on the above, the AMS has determined that this action will
not have a significant economic impact on a substantial number of small
entities. This rule modifies language in the cranberry marketing
order's rules and regulations to change the first date by which
handlers must file their acquisition reports from February 5 to January
5 during each crop year. This rule will provide more useful production
information to the cranberry industry at an earlier time.
The information collection requirements contained in the referenced
section have been previously approved by the Office of Management and
Budget (OMB) under the provisions of the Paperwork Reduction Act of
1995 (Pub. L. 104-13) and have been assigned OMB number 0581-0103.
After consideration of all relevant matter presented, including the
information and recommendations submitted by the Committee and other
available information, it is hereby found that this rule, as
hereinafter set forth, will tend to effectuate the declared policy of
the Act.
List of Subjects in 7 CFR Part 929
Marketing agreements, Cranberries, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 929 is
amended as follows:
PART 929--CRANBERRIES GROWN IN THE STATES OF MASSACHUSETTS, RHODE
ISLAND, CONNECTICUT, NEW JERSEY, WISCONSIN, MICHIGAN, MINNESOTA,
OREGON, WASHINGTON, AND LONG ISLAND IN THE STATE OF NEW YORK
1. The authority citation for 7 CFR part 929 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 929.105 is amended by revising paragraph (b) to read as
follows:
Sec. 929.105 Reporting.
* * * * *
(b) Certified reports shall be filed with the committee, on a form
provided by the committee, by each handler not later than January 5,
May 5, and August 5 of each fiscal period and by September 5 of the
succeeding fiscal period showing:
(1) The total quantity of cranberries the handler acquired and the
total quantity of cranberries the handler handled from the beginning of
the reporting period indicated through December 31, April 30, July 31,
and August 31, respectively, and
(2) The respective quantities of cranberries and cranberry products
held by the handler on January 1, May 1, August 1, and August 31 of
each fiscal period.
Dated: June 10, 1996.
Robert C. Keeney,
Director, Fruit and Vegetable Division.
[FR Doc. 96-15093 Filed 6-14-96; 8:45 am]
BILLING CODE 3410-02-P