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

DEPARTMENT OF AGRICULTURE

7 CFR Part 929

[Docket No. FV-96-929-1PR]

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: Proposed rule.

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SUMMARY: This proposal invites comments on a change to the reporting

requirements currently prescribed under the cranberry marketing order.

The marketing order regulates the handling of cranberries grown in 10

States and is administered locally by the Cranberry Marketing Committee

(committee). This rule would modify language in the order's rules and

regulations to change the first date by which handlers must file their

acquisition report from February 5 to January 5 during each crop year.

This rule would provide more useful production information to the

cranberry industry at an earlier time.

DATES: Comments must be received by May 22, 1996.

ADDRESSES: Interested persons are invited to submit written comments

concerning this proposal. Comments must be sent in triplicate to the

Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S, PO

Box 96456, Washington, DC 20090-6456, Fax # (202) 720-5698. All

comments should reference the docket number and the date and page

number of this issue of the Federal Register and will be made available

for public inspection in the Office of the Docket Clerk during regular

business hours.

FOR FURTHER INFORMATION CONTACT: Patricia A. Petrella or Kathleen M.

Finn, Marketing Specialists, Marketing Order Administration Branch,

F&V, AMS, USDA, room 2522-S, PO Box 96456, Washington, DC 20090-6456:

telephone: (202) 720-1509, Fax # (202) 720-5698.

SUPPLEMENTARY INFORMATION: This proposal 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 rule in

conformance with Executive Order 12866.

This proposal has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule is not intended to have retroactive effect.

This proposal 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 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 in equity to review the

Secretary's ruling on the petition, provided a bill in equity 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 Administrator of 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. The majority of

handlers and producers of cranberries may be classified as small

entities.

This proposal invites comments on a change to the reporting

requirements currently prescribed under the cranberry marketing order.

This rule would modify 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 proposes 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

[[Page 17587]]

to an earlier date. This would 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 a acquisition report prior to January 1 of the crop

year.

Therefore, the committee recommended that Sec. 929.105(b) be

revised by changing the first reporting 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 proposes modifying

Sec. 929.105(b) by listing each one of the due dates. This would make

the section easier to understand as to when each report is due.

Based on available information, the Administrator of the AMS has

determined that this action would not have a significant economic

impact on a substantial number of small entities.

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.

A 30-day comment period is provided to allow interested persons to

respond to this proposal. All written comments timely received will be

considered before a final determination is made on this matter.

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

proposed to be amended as follows:

1. The authority citation for 7 CFR part 929 continues to read as

follows:

Authority: 7 U.S.C. 601-674.

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

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 February 1, May 1, August 1, and August 31 of

each fiscal period.

Dated: April 9, 1996.

James R. Rodeheaver,

Acting Deputy Director, Fruit and Vegetable Division.

[FR Doc. 96-9830 Filed 4-19-96; 8:45 am]

BILLING CODE 3410-02-P