Unknown. Final rule; termination of order
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/register/2024/07/12/2024-15246·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2024-07-12.xml --- 89 134 Friday, July 12, 2024 Contents Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rate: Olives Grown in California, 57061-57064 2024-15247 Marketing Order: Cranberries Grown in Massachusetts et al.; Termination, 57059-57061 2024-15246 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 57123-57124 2024-15349 2024-15358 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pollution Prevention and Control, 57165-57166 2024-15324 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Census Household Panel Topical 10, Topical 11, and Topical 12 Operations, 57126-57127 2024-15347 American Community Survey Timeline for Implementing Updated 2024 Race and Ethnicity Data Standards, 57124-57126 2024-15336 Children Children and Families Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Community Services Block Grant Model State Plan Applications, 57154-57155 2024-15368 Coast Guard Coast Guard RULES Safety Zone: Annual Fireworks Displays Within the Captain of the Port, Puget Sound Area of Responsibility—Dyes Inlet, 57088 2024-15322 Annual Fireworks Displays Within the Captain of the Port, Puget Sound Area of Responsibility—Mercer Island, 57090-57091 2024-15323 Captain of the Port Corpus Christi, TX, 57091-57093 2024-15282 Corpus Christi Ship Channel, Corpus Christi, TX, 57089-57090 2024-15283 Special Local Regulation:
San Francisco Bay, San Francisco, CA, 57085-57088 2024-15236 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 57133-57134 2024-15316 2024-15317 Comptroller Comptroller of the Currency NOTICES Charter Amendments, Establishments, Renewals and Terminations:
Minority Depository Institutions Advisory Committee, 57179-57180 2024-15320 Mutual Savings Association Advisory Committee, 57179 2024-15321 Requests for Nominations: Mutual Savings Association Advisory Committee and Minority Depository Institutions Advisory Committee, 57180 2024-15319 Copyright Office Copyright Office, Library of Congress RULES Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act, 57093 C1-2024-14609 Defense Department Defense Department See Engineers Corps NOTICES Arms Sales;
Withdrawal, 57135 2024-15367 Manual for Courts-Martial; Proposed Amendments, 57135 2024-15369 Economic Development Economic Development Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regional Economic Development Data Collection Instrument, 57127-57128 2024-15183 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Office of Special Education and Rehabilitative Services Peer Reviewer Data Form, 57136-57137 2024-15345 Postsecondary Success Recognition Program, 57137 2024-15318 Regional Educational Laboratory Southwest Effective Advising Framework Evaluation, 57138 2024-15354 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Hearings, Meetings, Proceedings, etc.:
Board on Coastal Engineering Research, 57135-57136 2024-15287 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Eastern Kern Air Pollution Control District; Tehama County Air Pollution Control District; San Diego County Air Pollution Control District Emissions Statement Requirements, 57120-57122 2024-15045 NOTICES Environmental Impact Statements; Availability, etc.:, 57150-57151 2024-15331 Request for Waiver of Preemption and Authorization:
California State Motor Vehicle Pollution Control Standards, Advanced Clean Fleets, 57151-57154 2024-15343 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 57073-57075 2024-15306 Dassault Aviation Airplanes, 57075-57077 2024-15305 Special Conditions: Gulfstream Aerospace Corporation (Gulfstream) Model GVII-G400 Airplane; Seats With Inflatable Lapbelts, 57070-57073 2024-15266 NOTICES Environmental Assessments; Availability, etc.:
Sierra Space Dream Chaser Reentry Operations at the Shuttle Landing Facility, Brevard County, FL and Contingency Reentry Site at Vandenberg Space Force Base, Santa Barbara County, CA, 57176-57177 2024-15292 Federal Energy Federal Energy Regulatory Commission NOTICES Application: John M. Bertl, 57140-57141 2024-15300 McCallum Enterprises I, LP, Shelton Canal Co., 57146-57147 2024-15301 Southeast Oklahoma Power Corp., 57148-57150 2024-15365 UP Hydro, LLC, 57145 2024-15364 Combined Filings, 57139-57140, 57145-57146, 57150 2024-15296 2024-15297 2024-15360 2024-15361 Hearings, Meetings, Proceedings, etc.:
Green Mountain Power Corp., 57141-57142 2024-15362 Oswego Hydro Partners, LP; Environmental Site Review, 57143-57144 2024-15363 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Aurora Trading Company, LLC, 57142-57143 2024-15299 Buckeye Plains Solar Project, LLC, 57142 2024-15304 Cataract Coast, LLC, 57147-57148 2024-15298 Pickaway County Solar Project, LLC, 57140 2024-15303 Spanish Peaks Solar LLC, 57138-57139 2024-15302 Sparta Energy, Inc., 57144-57145 2024-15294 Venturi Asset Management, LLC, 57139 2024-15295 Federal Highway Federal Highway Administration RULES Tribal Transportation Facility Bridge Program, 57078-57085 2024-14933 Federal Reserve Federal Reserve System NOTICES Study and Report to Congress on the Impact on Consumers and Markets in the United States of a Final International Insurance Capital Standard, 57154 2024-15348 Federal Trade Federal Trade Commission RULES Disclosure Requirements and Prohibitions Concerning Franchising, 57077-57078 2024-15338 Fish Fish and Wildlife Service RULES Endangered and Threatened Species:
Status for Pearl River Map Turtle, Status for Alabama Map Turtle, Barbour's Map Turtle, Escambia Map Turtle, and Pascagoula Map Turtle Due to Similarity of Appearance, 57206-57236 2024-15176 Food and Drug Food and Drug Administration NOTICES Guidance: Dental Composite Resin Devices and Dental Curing Lights—Premarket Notification (510(k)) Submissions Guidances, 57155-57157 2024-15337 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Action, 57180-57201 2024-15285 Forest Forest Service NOTICES Environmental Impact Statements;
Availability, etc.: Superior National Forest School Trust Land Exchange Project, Superior National Forest, MN; Withdrawal, 57124 2024-15122 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Indian Affairs Indian Affairs Bureau PROPOSED RULES Federal Acknowledgment of American Indian Tribes, 57097-57111 2024-15070 NOTICES Environmental Impact Statements;
Availability, etc.: Farmington Mancos-Gallup Resource Management Plan Amendment, New Mexico; Termination, 57165 2024-15278 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau Internal Revenue Internal Revenue Service PROPOSED RULES Identification of Basket Contract Transactions as Listed Transactions, 57111-57120 2024-14787 International Trade Adm International Trade Administration PROPOSED RULES Administration of the Antidumping and Countervailing Duty Trade Remedy Laws, 57286-57334 2024-15086 NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Carbon and Alloy Steel Threaded Rod From the People's Republic of China, 57131-57132 2024-15332 Circular Welded Carbon-Quality Steel Pipe From the United Arab Emirates, 57128-57131 2024-15330 International Trade Com International Trade Commission NOTICES Complaint, 57166-57167 2024-15335 Justice Department Justice Department NOTICES Proposed Consent Decree: Clean Air Act, 57168 2024-15341 Labor Department Labor Department See Mine Safety and Health Administration Land Land Management Bureau NOTICES Environmental Impact Statements;
Availability, etc.: Approval of Herbicide Active Ingredients for Use on Public Lands, Record of Decision, 57161 2024-15279 Farmington Mancos-Gallup Resource Management Plan Amendment, New Mexico; Termination, 57165 2024-15278 Plats of Survey: Colorado, 57161-57162 2024-15353 Realty Action: Modified Competitive Sale of 7 Parcels of Public Land in Lincoln County and White Pine County, NV, 57162-57165 2024-15286 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 57170-57172 2024-15389 Library Library of Congress See Copyright Office, Library of Congress Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Mine Mapping and Records of Opening, Closing, and Reopening of Mines, 57168-57170 2024-15281 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 57172-57173 2024-15284 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Investigational Agent Accountability Record Forms and International Investigator Statement in the Conduct of Investigational Trials for the Treatment of Cancer, National Cancer Institute, 57157-57158 2024-15352 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States: Coastal Pelagic Species Fisheries; Interim Specifications and Management Measures for Pacific Sardine, 57093-57094 2024-15346 NOTICES Permits;
Applications, Issuances, etc.: Marine Mammals and Endangered Species, 57132-57133 2024-15350 Nuclear Regulatory Nuclear Regulatory Commission RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM FW System, Certificate of Compliance No. 1032, Amendment No. 7, 57064-57069 2024-15133 PROPOSED RULES List of Approved Spent Fuel Storage Casks: Holtec International HI-STORM FW System, Certificate of Compliance No. 1032, Amendment No. 7, 57095-57097 2024-15131 NOTICES Hearings, Meetings, Proceedings, etc.:
Advisory Committee on the Medical Uses of Isotopes, 57173-57174 2024-15325 Postal Service Postal Service NOTICES International Product Change: Removal of International Money Transfer Service—Outbound and International Money Transfer Service—Inbound, 57174 2024-15342 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Championing American Business Through Diplomacy Act of 2019; Establishment of Economic Diplomacy Action Group and Delegation of Certain Functions and Authorities (Memorandum of June 21, 2024), 57053-57054 2024-15481 Child Soldiers Prevention Act of 2008;
Presidential Determination and Certification (Presidential Determination No. 2024-06 of June 28, 2024), 57057 2024-15485 Foreign Assistance Act of 1961; Delegation of Authority Under Section 506 (a)(1) (Memorandum of June 7, 2024), 57049 2024-15477 Hong Kong; Continuation of National Emergency (Notice of July 10, 2024), 57047 2024-15470 Kenya, Designation as Major Non-NATO Ally (Presidential Determination No. 2024-05 of June 24, 2024), 57055 2024-15482 National Defense Authorization Act for Fiscal Year 2024;
Delegation of Authority Under Section 1247 (Memorandum of June 21, 2024), 57051 2024-15478 National Defense Authorization Act for Fiscal Year 2024; Delegation of Functions and Authorities Under Sections 1333, 1342, 1352, and 1353 (Memorandum of July 9, 2024), 57335-57338 2024-15533 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57174-57175 2024-15293 Self-Regulatory Organizations; Proposed Rule Changes:
Cboe BZX Exchange, Inc., 57175 2024-15310 Small Business Small Business Administration NOTICES Disaster Declaration: Iowa, 57175 2024-15290 State Department State Department RULES Intercountry Adoption: Accreditation and Approval, 57238-57283 2024-14628 Substance Substance Abuse and Mental Health Services Administration NOTICES Hearings, Meetings, Proceedings, etc.: National Advisory Council, 57159 2024-15312 National Advisory Councils, 57158 2024-15311 Tribal Technical Advisory Committee, 57159 2024-15344 Surface Transportation Surface Transportation Board NOTICES Exemption:
Acquisition and Change of Operator; Connersville Northern Railroad LLC, RMW Ventures, LLC, 57176 2024-15280 Trackage Rights; The Central Railroad Co. of Indiana, CSX Transportation, Inc., 57175-57176 2024-15315 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations: Transforming Transportation Advisory Committee, 57177-57179 2024-15291 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office See Internal Revenue Service NOTICES Study and Report to Congress on the Impact on Consumers and Markets in the United States of a Final International Insurance Capital Standard, 57154 2024-15348 U.S.
Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Employment Authorization, 57159-57161 2024-15307 Unified Unified Carrier Registration Plan NOTICES Meetings; Sunshine Act, 57201 2024-15449 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Financial Counseling Statement, 57201-57202 2024-15334 Hearings, Meetings, Proceedings, etc.:
Advisory Committee on Disability Compensation, 57202-57203 2024-15328 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 57206-57236 2024-15176 Part III State Department, 57238-57283 2024-14628 Part IV Commerce Department, International Trade Administration, 57286-57334 2024-15086 Part V Presidential Documents, 57335-57338 2024-15533 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 89 134 Friday, July 12, 2024 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 926 and 929 [Doc. No. AMS-SC-23-0047] Cranberries Grown in Massachusetts, et al.; Termination of Marketing Order and Data Collection Requirements for Cranberries Not Subject to the Marketing Order AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule; termination of order. SUMMARY: This rulemaking terminates Federal Marketing Order No. 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, and the rules and regulations issued thereunder. The data collection, reporting and recordkeeping requirements applicable to cranberries not subject to the marketing order are also terminated (7 CFR part 926).
This rulemaking also removes the marketing order from the Code of Federal Regulations. DATES: *Effective Date:* July 31, 2024. FOR FURTHER INFORMATION CONTACT: Jennie M. Varela, Marketing Specialist, or Christian D. Nissen, Chief, Southeast Region Branch, Market Development Division, Specialty Crops Program, AMS, USDA; Telephone:
(863)324-3375 or Email: *Jennie.Varela@usda.gov* or *Christian.Nissen@usda.gov.* Small businesses may request information on complying with this regulation by contacting Richard Lower, Market Development Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-8085 or Email: *Richard.Lower@usda.gov.* SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, terminates regulations issued to carry out a marketing order as defined in 7 CFR part 900.2(j). This rulemaking is issued under Marketing Order 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. Part 929, referred to as 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 Cranberry Marketing Committee (Committee) locally administers the Order and is comprised of producers operating within the production area and a public member. This rulemaking is also issued under section 8d of the Act (7 U.S.C. 608d(3)), which authorizes the collection of cranberry and cranberry product information from producer-handlers, second handlers, processors, brokers, and importers including those not subject to regulation under the Order. The Agricultural Marketing Service
(AMS)is issuing this rulemaking in conformance with Executive Orders 12866, 13563, and 14094. Executive Orders 12866, 13563, and 14094 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. Executive Order 14094 reaffirms, supplements, and updates Executive Order 12866 and further directs agencies to solicit and consider input from a wide range of affected and interested parties through a variety of means. This action falls within a category of regulatory actions that the Office of Management and Budget
(OMB)exempted from Executive Order 12866 review. In addition, this rulemaking has been reviewed under Executive Order 13175—Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have Tribal implications. AMS has determined this rulemaking is unlikely to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. This rulemaking has been reviewed under Executive Order 12988, Civil Justice Reform. This rulemaking is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act (7 U.S.C. 608c(15)(A)), any handler subject to a marketing order may file with USDA a petition stating that the marketing order, any provision of the marketing order, or any obligation imposed in connection with the marketing order is not in accordance with law and request a modification of the marketing order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rulemaking terminates the Order 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, and removes the Order from the Code of Federal Regulations. Section 929.69 of the Order states AMS shall conduct a referendum during the month of May 1975 and every fourth year thereafter to ascertain whether continuance is favored by producers. Under this section, the Secretary shall terminate the Order if termination is favored by a majority of the growers, and that this majority has, during the current fiscal year, produced more than 50 percent of the cranberries produced in the production area. As required by the Order, AMS held a continuance referendum among cranberry producers from June 9 through June 30, 2023, to determine if they favored continuation of the program. AMS mailed ballots to 944 producers in the production area. Those producers cast 366 valid ballots. The results indicate 73.5 percent of cranberry growers, who produced 79.9 percent of the production volume, voted in favor of terminating the program. Consequently, the vote met the Order's criteria for termination, demonstrating a lack of the producer support needed to carry out the objectives of the Act. Section 608d(3) of the Act authorizes the collection of cranberry and cranberry product information from producer-handlers, second handlers, processors, brokers, and importers. This data collection is codified in 7 CFR part 926, Data Collection, Reporting and Recordkeeping Requirements Applicable to Cranberries Not Subject to the Cranberry Marketing Order, establishing reporting requirements for cranberry and cranberry products not subject to the Order and how they were to be reported to the Committee. Section 926.21 states this part shall be suspended or terminated whenever there is no longer a Federal cranberry marketing order in effect. This rulemaking also terminates 7 CFR part 926 which has been suspended since December 29, 2006. In addition, section 608c(16)(A) of the Act provides that the Secretary shall terminate or suspend the operation of any order whenever the Order or any provision thereof obstructs or does not tend to effectuate the declared policy of the Act. Based on the foregoing, and pursuant to § 608c(16)(A) of the Act and § 929.69 of the Order, the Secretary is terminating the Order. The Order has been in effect since 1962 and provided the cranberry industry with authority for production research, marketing promotion and development, paid advertising, authority for volume regulation through producer allotments or handler withholding, and reporting and recordkeeping functions needed to operate the program. The Committee, which locally administered the Order, was funded by assessments imposed on handlers. Although marketing order requirements are applied to handlers, the costs of such requirements are often passed on to producers. Terminating the Order and all the rules and regulations issued thereunder, means the perceived benefits correlated with the Order are also lost. An alternative to this action would be to maintain the Order and its current provisions. However, a review of the continuance referendum results showed producers believe the benefits of the program no longer outweigh the costs to handlers and producers. In addition, termination of the Order and the resulting regulatory relaxation is expected to reduce costs for both producers and handlers. Therefore, this alternative was rejected. This rulemaking terminates the Order and the rules and regulations issued thereunder and removes the suspended data collection requirements in 7 CFR part 926. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), AMS has considered the economic impact of this rulemaking on small entities. Accordingly, AMS has prepared this final regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act are unique in that they are brought about through group action of essentially small entities acting on their own behalf. There are approximately 950 cranberry growers in the regulated area and approximately 45 cranberry handlers subject to regulation under the Order. Small agricultural producers are defined by the Small Business Administration
(SBA)as those having annual receipts of less than $3,750,000, (North American Industry Classification System (NAICS) code 111334, Berry (except Strawberry) Farming) and small agricultural service firms are defined as those whose annual receipts are less than $34,000,000 (NAICS code 115114, Postharvest Crop Activities) (13 CFR part 121.201). According to the National Agricultural Statistics Service (NASS), the average grower price for U.S. cranberries during the 2022-23 season was $36.60 per barrel and utilized production was 8,010,070 barrels. The value for cranberries that year totaled $293,168,562, ($36.60 per barrel multiplied by 8,010,070 barrels). Taking the total value of production for cranberries and dividing it by the total number of cranberry growers provides an average return per grower of $308,598. Using the average price and utilization information, and assuming a normal distribution, the majority of cranberry growers receive less than $3,750,000 annually. According to USDA's Market News retail averages report, the price per pound of fresh cranberries on average was $1.64 in December of 2022. On average, NASS reports that grower prices for fresh cranberries are almost double (199 percent) grower prices for processed cranberries. Dividing the average fresh retail price as reported by Market News ($1.64) by 1.99 calculates to an estimated average retail processed price of $0.82 per pound. There are 100 pounds of cranberries per barrel so the average retail price for a barrel of cranberries would be $82. Multiplying the average retail price by total utilization of 8 million barrels results in an estimated cranberry retail value of $656 million. Dividing this figure by the number of handlers
(45)yields an estimated average of annual handler receipts of $14.6 million, which is below the SBA threshold for small agricultural service firms. Therefore, the majority of producers and handlers of cranberries may be classified as small entities. This rulemaking terminates the Order, and the rules and regulations issued thereunder and will remove the Order from the Code of Federal Regulations. Section 929.69 states the Secretary shall terminate the Order if termination is favored by a majority of the growers, and if that majority has, during the current fiscal year, produced more than 50 percent of the cranberries produced in the production area. This rulemaking also removes the requirements of 7 CFR part 926, which required the data collection of cranberries not covered under the Order. In addition, section 608c(16)(A) of the Act provides that the Secretary terminate or suspend the operation of any order whenever the order or any provision thereof obstructs or does not tend to effectuate the declared policy of the Act. An additional provision requires that Congress be notified no later than 60 days before the date the Order is terminated. Marketing orders provide industries with tools to assist producers and handlers in addressing challenges facing the industry. These tools include establishing minimum grade, size, quality, and maturity requirements, setting size, capacity, weight, dimensions or pack of the containers, collecting and publishing market information useful to producers and handlers, conducting research and promotions, and establishing volume control requirements. Each marketing order is different, with the industries deciding the authorities needed and the scope of their marketing order. Marketing orders are approved by producers through referenda and regulate handlers to ensure compliance with all requirements. The authority of a marketing order allows each industry to create a local administrative committee that is made up of growers and/or handlers that work collectively to solve industry problems. After considering the alternative, the Committee concluded that regulating the handling of cranberries under the Order is no longer necessary to ensure orderly marketing of cranberries. The costs associated with the administration of the Order outweigh the benefits, and that termination of the Order would not have a negative impact on industry. 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 OMB and assigned OMB No. 0581-0189 Fruit Crops. After finalizing termination, AMS will extract the remaining cranberry marketing order-related forms from the forms package during the next three-year renewal process. OMB's three-year expiration date for the package containing cranberry marketing order forms is January 31, 2027. This rule effectuates the removal of reporting and recordkeeping requirements on cranberry handlers, both small and large. 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. In addition, AMS has not identified any relevant Federal rules that duplicate, overlap or conflict with this rulemaking. 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. The producer referendum was well publicized in the production area, and referendum ballots were provided to all known producers. As such, producers of U.S. cranberries had an opportunity to indicate their continued support for the Order. 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 Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. A proposed rule inviting comments on the termination of the Order was published in the **Federal Register** on December 7, 2023 (88 FR 85130). A 60-day comment period was provided to allow interested persons an opportunity to respond to the proposed termination of the Order. In addition, AMS published on its website and distributed to industry stakeholders a notice to trade announcing the proposed termination of the Order. Five total comments were received. One comment supported the termination, and one comment was not relevant to the proposal. Three non-substantive comments opposed the termination of the Order, expressing the program is a value to small businesses. Producers of both large and small businesses were provided the opportunity to show support for the Order during the continuance referendum. Further, producers who voted in the referendum elected to terminate the Order indicating the costs associated with the administration of the Order outweigh the benefits and, therefore, the Order is no longer meeting the needs of the industry. Those producers also believe that terminating the Order will not have a negative impact on the industry. Accordingly, after reviewing and considering all comments received during the comment period, the Secretary determined that termination of the Order was appropriate. All the comments may be viewed at *https://www.regulations.gov.* Based on the foregoing, and pursuant to section 608c(16)(A) of the Act and § 929.69 of the Order, it is hereby found that Federal Marketing Order No. 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 does not tend to effectuate the declared policy of the Act and is therefore terminated. Following termination, trustees will be appointed to conclude and liquidate the Committee affairs and will continue in that capacity until discharged by the Secretary. In addition, pursuant to 608c(16)(A) of the Act, USDA is required to notify Congress 60 days in advance of termination. Congress was so notified on April 11, 2024. List of Subjects 7 CFR Part 926 Cranberries, Reporting and recordkeeping requirements. 7 CFR Part 929 Acreage allotments, Cranberries, Marketing agreements, Reporting and recordkeeping requirements. PARTS 926 AND 929—[REMOVED] For the reasons set forth in the preamble, and under the authority of 7 U.S.C. 601-674, the Agricultural Marketing Service amends title 7, chapter IX of the Code of Federal Regulations by removing parts 926 and 929. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2024-15246 Filed 7-11-24; 8:45 am]
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- 7 CFR 926
- 7 CFR 900.2(j)
- 7 CFR 929
- 7 USC 601-674
- 5 USC 601-612
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Final rule; termination of order
Cite7 CFR 926
Cite7 CFR 900.2(j)
Cite7 CFR 929
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