[Federal Register: April 9, 2004 (Volume 69, Number 69)]
[Rules and Regulations]
[Page 18803-18808]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ap04-2]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 929
[Docket Nos. AO-341-A6; FV02-929-1]
Cranberries Grown in the States of Massachusetts, et al.; Order
Amending Marketing Agreement and Order No. 929
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This final rule amends the marketing agreement and order for
cranberries grown in Massachusetts, Rhode Island, Connecticut, New
Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long
Island in the State of New York. The amendments are based on those
proposed by the Cranberry Marketing Committee (Committee), which is
responsible for local administration of the order and other interested
parties representing cranberry growers and handlers. The amendments
include increasing Committee membership and related amendments. The
amendments are intended to improve the operation and functioning of the
cranberry marketing order program.
EFFECTIVE DATE: April 12, 2004.
FOR FURTHER INFORMATION CONTACT: Kathleen M. Finn, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237;
telephone: (202) 720-2491, or Fax: (202) 720-8938. Small businesses may
request information on compliance with this regulation by contacting
Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable
Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237,
Washington, DC 20250-0237; telephone (202) 720-2491; Fax (202) 720-
8938.
SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice
of Hearing issued on April 23, 2002, and published in the May 1, 2002,
issue of the Federal Register (67 FR 21854); Secretary's Decision and
Referendum Order issued on December 4, 2003, and published in the
Federal Register on December 12, 2003 (68 FR 69343).
This administrative action is governed by the provisions of
sections 556 and 557 of Title 5 of the United States Code and,
therefore, is excluded from the requirements of Executive Order 12866.
Preliminary Statement
This final rule was formulated based on the record of a public
hearing held in Plymouth, Massachusetts on May 20 and 21, 2002; in
Bangor, Maine on May 23, 2002; in Wisconsin Rapids, Wisconsin on June 3
and 4, 2002; and in Portland, Oregon on June 6, 2002. The hearing was
held to consider the proposed amendment of Marketing Agreement and
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, hereinafter referred to collectively as the
``order.'' The hearing was held pursuant to the provisions of the
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601
et seq.), hereinafter referred to as the ``Act,'' and the applicable
rules of practice and procedure governing the formulation of marketing
agreements and marketing orders (7 CFR part 900). The notice of hearing
contained numerous proposals submitted by the Committee, other
interested parties and one proposed by the Agricultural Marketing
Service (AMS). This action adopts a portion of the proposed amendments
listed in the Notice of Hearing that were determined necessary to be
expedited. Other proposed amendments listed in the Notice of Hearing
will be addressed in a separate decision.
The amendments included in this decision will: Increase Committee
membership to 13 grower members, 1 public member, 9 grower alternate
members and 1 public alternate member; Incorporate a ``swing'' position
whereby the group (either the major cooperative or growers representing
other than the major cooperative) which handles more than 50 percent of
the total volume produced is assigned an additional seat; Revise
nomination and selection provisions of the order, as well as quorum and
voting requirements, to reflect the change in Committee membership;
Authorize tenure limitations to be restarted with the seating of the
expanded Committee; Re-establish districts and allocate the revised
membership among those districts; Allow the Committee to request tax
identification numbers for voting purposes; Authorize mail nominations
for independent members; Revise the alternate member provisions to
reflect the change in Committee membership and for clarity purposes;
and Require Committee member nominee disclosure of non-regulated
cranberry production.
The Fruit and Vegetable Programs of AMS proposed to allow such
changes as may be necessary to the order, if any of the proposed
amendments are adopted, so that all of the order's provisions conform
to the effectuated amendments.
Upon the basis of evidence introduced at the hearing, a Secretary's
decision was issued on December 4, 2003, directing that a referendum be
conducted during the period January 19 to January 30, 2004, among
growers and processors of cranberries to determine whether they favored
the proposed amendments to the order. In the referendum, all amendments
were favored by more than two-thirds of the growers voting in the
referendum by
[[Page 18804]]
number and volume. Processors representing more than 50 percent of the
crop also approved the amendments.
The amended marketing agreement was mailed to all cranberry
handlers in the production area for their approval. The marketing
agreement was approved by handlers representing more than 50 percent of
the volume of cranberries handled by all handlers during the
representative period of September 1, 2002, through August 31, 2003.
Small Business Considerations
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), AMS has considered the economic impact of this
action 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
business subject to such actions so that small businesses will not be
unduly or disproportionately burdened. Marketing orders and amendments
thereto are unique in that they are normally brought about through
group action of essentially small entities for their own benefit. Thus,
both the RFA and the Act are compatible with respect to small entities.
Small agricultural producers have been defined by the Small
Business Administration (SBA) (13 CFR 121.201) as those having annual
receipts of less than $750,000. Small agricultural service firms, which
include handlers regulated under the order, are defined as those with
annual receipts of less than $5,000,000.
Interested persons were invited to present evidence at the hearing
on the probable regulatory and informational impact of the proposed
amendments on small businesses. The record indicates that these
amendments will not result in additional regulatory requirements being
imposed on some cranberry growers and handlers.
There are about 20 handlers currently regulated under Marketing
Order No. 929. In addition, the record indicates that there are about
1,250 producers of cranberries in the current production area.
Based on recent years' price and sales levels, AMS finds that
nearly all of the cranberry producers and some of the handlers are
considered small under the SBA definition. In 2001, a total of 34,300
acres were harvested with an average U.S. yield per acre of 156.2
barrels. Grower prices in 2001 averaged $22.90 per barrel. Average
total annual grower receipts for 2001 are estimated at $153,375 per
grower. However, there are some growers whose estimated sales would
exceed the $750,000 threshold. Thus, these amendments will apply almost
exclusively to small entities.
Five handlers handle over 97 percent of the cranberry crop. Using
Committee data on volumes handled, AMS has determined that none of
these handlers qualify as small businesses under SBA's definition. The
remainder of the crop is marketed by about a dozen grower-handlers who
handle their own crops. Dividing the remaining 3 percent of the crop by
these grower-handlers, all would be considered small businesses.
This action amends the order to: Increase Committee membership to
13 grower members, 1 public member, 9 grower alternate members, 1
public alternate member; Incorporate a ``swing'' position whereby the
entity (either the major cooperative or the group representing other
than the major cooperative) which handles more that 50 percent of the
total volume of cranberries produced is assigned an additional seat;
Revise nomination and selection provisions of the order, as well as
quorum and voting requirements, to reflect the change in Committee
membership; Authorize tenure limitations to be restarted with the
seating of the expanded Committee; Re-establish districts and allocate
the revised membership among those districts; Allow the Committee to
request tax identification numbers for voting purposes; Authorize mail
nominations for non-cooperative members; Revise the alternate member
provisions to reflect the change in Committee membership and for
clarity purposes; and Require Committee member disclosure of non-
regulated cranberry production.
The amendment to increase Committee membership to 13 grower
members, 1 public member, 9 grower alternate members, 1 public
alternate member will increase the Committee's size by 6 members and 1
alternate member. This will likely increase costs to the Committee with
the additional members attending meetings. If alternate members are not
required to attend all meetings, costs could be reduced. However, the
record evidence supports increasing the Committee. The benefits of
broadening the membership of the Committee and equitably allocating
seats will outweigh increased costs. Since the implementation of volume
regulations, more growers are expressing interest in being a part of
the Committee's processes. Expansion of the Committee will allow more
growers the opportunity to be involved in the process. The Committee's
recommendation to not have one alternate for each member will provide
appropriate district coverage for members that cannot attend meetings
while taking costs into account. By increasing the membership to 14 and
establishing 4 districts, regional representation will be maintained
and additional representation to the largest growing regions will be
provided.
The amendment to include a member-at-large position on the
Committee to the entity (either the major cooperative or the group
representing other than the major cooperative) that handles more than
50 percent of the total volume of cranberries produced will provide an
additional member and alternate to the dominant group. This allows for
recognition that the scale of the impact increases with the volume of
cranberries produced and regulated.
The amendment to reset term limitations for the current members
will help maintain the experience and expertise needed so that the
Committee can continue its operations with a minimum of disruptions.
The amendment to allow nominations to be conducted by mail will
allow more growers greater opportunity to participate on the Committee
and provide for greater participation in the voting process.
Administrative Committee costs associated with holding nomination
meetings would decrease.
The amendment to use growers' tax identification numbers in the
voting process for the group representing other than the major
cooperative will help ensure that only eligible growers qualify for
nomination and the voting process.
The amendment to revise and clarify which alternates can be seated
in place of absent members is necessary to conform to the change in
Committee structure. In addition, it will be beneficial as it more
specifically designates which member seats each alternate can replace
in the member's absence.
The amendment to require Committee member disclosure of non-
regulated cranberry production will ensure that growers are informed of
this information prior to casting their vote to nominate a
representative on the Committee.
All of these changes are designed to enhance the administration and
functioning of the marketing agreement and order to the benefit of the
industry. Accordingly, it is determined that the benefits of
implementing these amendments will outweigh any associated costs. Costs
are not anticipated to be significant.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
chapter 35), AMS obtained approval
[[Page 18805]]
from the Office of Management and Budget (OMB) for a new information
collection request for Cranberries grown in 10 States, Marketing Order
No. 929. The additional burden was merged into the information
collection currently approved under OMB No. 0581-0189, Generic OMB
Fruit Crops.
Specifically, the amendment increasing membership on the Committee
increases the overall burden of completion of Committee generated forms
and reports relative to Committee membership. There will be no increase
in the non-regulated disclosure amendment since that will only entail
an acknowledgement as to whether the member has a financial interest in
non-regulated production.
The amendment authorizing mail nominations requires a nomination
form and ballot to conduct mail nominations. It is estimated that there
are approximately 500 growers who will be entitled to vote by mail
ballot once every two years.
The amendment to require growers to submit a tax identification
number requires this information to be added to the grower sales and
acreage report form (Form No. CMC-GSAR-1) currently approved under OMB.
With minimal amount of time needed to add this number on the form,
there will be no increase in burden for growers to complete this form.
The information collection will be used only by authorized
representatives of USDA, including AMS, Fruit and Vegetable Programs'
regional and headquarters staff, and authorized Committee employees.
Authorized Committee employees will be the primary users of the
information and AMS is the secondary user.
There were no responsive comments to the request for comments
concerning the information collection burden.
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 Department has not identified any relevant Federal rules that
duplicate, overlap or conflict with this rule. These amendments are
designed to enhance the administration and functioning of the marketing
order to the benefit of the industry.
Committee meetings to consider order amendments as well as the
hearing dates were widely publicized throughout the cranberry industry,
and all interested persons were invited to attend the meetings and the
hearing and participate in Committee deliberations on all issues. All
Committee meetings and the hearing were public forums and all entities,
both large and small, were able to express views on these issues.
Civil Justice Reform
The amendments herein have been reviewed under Executive Order
12988, Civil Justice Reform. They are not intended to have retroactive
effect. The amendments will not preempt any State or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with the amendments.
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 not later than 20 days after date of the
entry of the ruling.
Order Amending the Order Regulating the Handling of Cranberries Grown
in Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin,
Michigan, Minnesota, Oregon, Washington, and Long Island in the State
of New York
Findings and Determinations
The findings and determinations hereinafter set forth are
supplementary and in addition to the findings and determinations
previously made in connection with the issuance of the order; and all
of 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.
(a) Findings and Determinations Upon the Basis of the Hearing
Record.
Pursuant to the provisions of the Agricultural Marketing Agreement
Act of 1937, as amended (7 U.S.C. 601 et seq.), and the applicable
rules of practice and procedure effective thereunder (7 CFR part 900),
a public hearing was held upon the proposed amendments to the Marketing
Agreement and Order No. 929 (7 CFR part 929), regulating the handling
of cranberries grown in Massachusetts, Rhode Island, Connecticut, New
Jersey, Wisconsin, Michigan, Minnesota, Oregon, Washington, and Long
Island in the State of New York.
Upon the basis of the evidence introduced at such hearing and the
record thereof, it is found that:
(1) The marketing agreement and order, as amended, and as hereby
further amended, and all of the terms and conditions thereof, will tend
to effectuate the declared policy of the Act;
(2) The marketing agreement and order, as amended, and as hereby
further amended, regulate the handling of cranberries grown in the
production area 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 upon which hearings have been held;
(3) The marketing agreement and order, as amended, and as hereby
further amended, are 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 agreement and order, as amended and as hereby
further amended, prescribe, 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 grown in the production area; and
(5) All handling of cranberries grown in the production area is in
the current of interstate or foreign commerce or directly burdens,
obstructs, or affects such commerce.
(b) Additional findings.
It is necessary and in the public interest to make these amendments
to the order effective not later than one day after publication in the
Federal Register.
A later effective date would unnecessarily delay implementation of
the amendments modifying and increasing Committee membership. These
amendments were deemed necessary to be expedited because the current
committee structure is inadequate. Therefore, making the effective date
one day after publication in the Federal Register will allow the
amendments, which are expected to be beneficial to the industry, to be
implemented as soon as possible.
In view of the foregoing, it is hereby found and determined that
good cause exists for making these amendments
[[Page 18806]]
effective one day after publication in the Federal Register, and that
it would be contrary to the public interest to delay the effective date
for 30 days after publication in the Federal Register (Sec. 553(d),
Administrative Procedure Act; 5 U.S.C. 551-559).
(c) Determinations. It is hereby determined that:
(1) Handlers (excluding cooperative associations of producers who
are not engaged in processing, distributing, or shipping cranberries
covered by the order as hereby amended) who, during the period
September 1, 2002, through August 31, 2003, handled 50 percent or more
of the volume of such cranberries covered by said order, as hereby
amended, have signed an amended marketing agreement; and
(2) The issuance of this amendatory order is favored or approved by
at least two-thirds of the producers who participated in a referendum
on the question of approval and who, during the period September 1,
2002, through August 31, 2003 (which has been deemed to be a
representative period), have been engaged within the production area in
the production of such cranberries, such producers having also produced
for market at least two-thirds of the volume of such commodity
represented in the referendum.
(3) The issuance of this amendatory order is favored or approved by
processors who, during the period September 1, 2002, through August 31,
2003 (which has been deemed to be a representative period), have
engaged in canning or freezing cranberries for market and have frozen
or canned more than 50 percent of the total volume of cranberries
regulated which were canned or frozen within the production area.
Order Relative to Handling
It is therefore ordered, That on and after the effective date
hereof, all handling of cranberries grown in Massachusetts, Rhode
Island, Connecticut, New Jersey, Wisconsin, Michigan, Minnesota,
Oregon, Washington, and Long Island in the State of New York, shall be
in conformity to, and in compliance with, the terms and conditions of
the said order as hereby amended as follows:
The provisions of the proposed marketing agreement and order
further amending the order contained in the Secretary's Decision issued
by the Administrator on December 4, 2003, and published in the Federal
Register on December 12, 2003, shall be and are the terms and
provisions of this order amending the order and are set forth in full
herein.
List of Subjects in 7 CFR Part 929
Cranberries, Marketing agreements, Reporting and recordkeeping
requirements.
0
Accordingly, as stated in the preamble, AMS amends 7 CFR part 929 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. Revise Sec. 929.20 to read as follows:
Sec. 929.20 Establishment and membership.
(a) There is hereby established a Cranberry Marketing Committee
consisting of 13 grower members, and 9 grower alternate members. Except
as hereafter provided, members and alternate members shall be growers
or employees, agents, or duly authorized representatives of growers.
(b) The committee shall include one public member and one public
alternate member nominated by the committee and selected by the
Secretary. The public member and public alternate member shall not be a
cranberry grower, processor, handler, or have a financial interest in
the production, sales, marketing or distribution of cranberries or
cranberry products. The committee, with the approval of the Secretary,
shall prescribe qualifications and procedures for nominating the public
member and public alternate member.
(c) Members shall represent each of the following subdivisions of
the production areas in the number specified in Table 1. Members shall
reside in the designated district of the production area from which
they are nominated and selected. Provided, that there shall also be one
member-at-large who may be nominated from any of the marketing order
districts.
District 1: The States of Massachusetts, Rhode Island, and
Connecticut;
District 2: The State of New Jersey and Long Island in the State
of New York.
District 3: The States of Wisconsin, Michigan, and Minnesota.
District 4: The States of Oregon and Washington.
Table 1
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Other than Other than
Major Major major major
Districts cooperative cooperative -----------------------------------
Members Alternates
----------------------------------------------------------------------------------------------------------------
1....................................... 2 1 2 1
2....................................... 1 1 1 1
3....................................... 2 1 2 1
4....................................... 1 1 1 1
-------------------
Any..................................... 1 member-at-large
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(d) Disclosure of unregulated production. All grower nominees and
alternate grower nominees of the committee shall disclose any financial
interest in the production of cranberries that are not subject to
regulation by this part.
(e) The committee may establish, with the approval of the
Secretary, rules and regulations for the implementation and operation
of this section.
0
3. Revise Sec. 929.21 to read as follows:
Sec. 929.21 Term of office.
(a) The term of office for each member and alternate member of the
committee shall be for two years, beginning on August 1 of each even-
numbered year and ending on the second succeeding July 31. Provided,
That following adoption of this amendment, the term of office for the
initial members and alternates shall also include any time served prior
to August 1 of the first even numbered year served. Members and
alternate members shall serve the term of office for which they are
selected and have been qualified or until their
[[Page 18807]]
respective successors are selected and have been qualified.
(b) Beginning on August 1 of the even-numbered year following the
adoption of this amendment, committee members shall be limited to three
consecutive terms. This limitation on tenure shall not include service
on the committee prior to the adoption of this amendment or service on
the committee by the initial members prior to August 1 of the first
even-numbered year served and shall not apply to alternate members.
(c) Members who have served three consecutive terms must leave the
committee for at least one full term before becoming eligible to serve
again unless specifically exempted by the Secretary. The consecutive
terms of office for alternate members shall not be so limited.
0
4. Revise Sec. 929.22 to read as follows:
Sec. 929.22 Nomination.
(a) Initial members. As soon as practicable after adoption of this
amendment, the committee shall hold nominations in accordance with this
section. The names and addresses of all nominees shall be submitted to
the Secretary for selection as soon as the nomination process is
complete. Nominees selected for the initial Committee, following
adoption of this amendment, shall serve a minimum of one two-year term
beginning on August 1 of the first even-numbered year served.
(b) Successor members. Beginning on June 1 of the even-numbered
year following the adoption of this amendment, the committee shall hold
nominations in accordance with this section.
(c) Whenever any cooperative marketing organization handles more
than fifty percent of the total volume of cranberries produced during
the fiscal period in which nominations for membership on the committee
are made, such cooperative or growers affiliated therewith shall
nominate:
(1) Six qualified persons for members and four qualified persons
for alternate members of the committee. These members and alternate
members shall be referred to as the major cooperative members and
alternate members. Nominee(s) for major cooperative member and major
cooperative alternate member shall represent growers from each of the
marketing order districts designated in Sec. 929.20.
(2) A seventh major cooperative member shall be referred to as the
major cooperative member-at-large. The major cooperative member-at-
large may be nominated from any of the marketing order districts.
(3) Six qualified persons for members and four qualified persons
for alternate members of the committee shall be nominated by those
growers who market their cranberries through entities other than the
major cooperative marketing organization. Nominees for member and
alternate member representing entities other than the major cooperative
marketing organization shall represent growers from each of the
marketing order districts as designated in Sec. 929.20(c).
(d) Whenever any major cooperative marketing organization handles
50 percent or less of the total volume of cranberries produced during
the fiscal period in which nominations for membership on the committee
are made, the major cooperative or growers affiliated therewith, shall
nominate:
(1) Six qualified persons for major cooperative members and four
qualified persons for major cooperative alternate members of the
committee. Nominees for member and alternate member shall represent
growers from each of the marketing order districts as designated in
Sec. 929.20(c).
(2) Six qualified persons for members and four qualified persons
for alternate members of the committee shall be nominated by those
growers who market their cranberries through entities other than the
major cooperative marketing organization. Nominees for member and
alternate member shall represent growers from each of the marketing
order districts as designated in Sec. 929.20(c).
(3) A seventh member nominee shall be referred to as the member-at-
large representing entities other than the major cooperative marketing
organization. The member-at-large may be nominated from any of the
marketing order districts.
(e) Nominations of qualified member nominees representing entities
other than the major cooperative marketing organization shall be made
through a call for nominations sent to all eligible growers residing
within each of the marketing order districts. The call for such
nominations shall be by such means as are recommended by the committee
and approved by the Secretary.
(1) The names of all eligible nominees from each district received
by the committee, by such date and in such form as recommended by the
committee and approved by the Secretary, will appear on the nomination
ballot for that district.
(2) Election of the member nominees and alternate member nominees
shall be conducted by mail ballot.
(3) Eligible growers shall participate in the election of nominees
from the district in which they reside.
(4) When voting for member nominees, each eligible grower shall be
entitled to cast one vote on behalf of him/herself.
(5) The nominee receiving the highest number of votes cast in
districts two and four shall be the member nominee representing
entities other than the major cooperative marketing organization from
that district. The nominee receiving the second highest number of votes
cast in districts two and four shall be the alternate member
representing entities other than the major cooperative marketing
organization from that district.
(6) The nominees receiving the highest and second highest number of
votes cast in districts one and three shall be the member nominees
representing entities other than the major cooperative marketing
organization from that district. The nominee receiving the third
highest number of votes cast in districts one and three shall be the
alternate member representing entities other than the major cooperative
marketing organization from that district.
(f) Nominations for the member-at-large representing entities other
than the major cooperative marketing organization shall be made through
a call for nominations sent to all eligible growers residing within the
marketing order districts. The call for such nominations shall be by
such means as recommended by the committee and approved by the
Secretary.
(1) Election of the member-at-large shall be held by mail ballot
sent to all eligible growers in the marketing order districts by such
date and in such form as recommended by the committee and approved by
the Secretary.
(2) Eligible growers casting ballots may vote for a member-at-large
nominee from marketing order districts other than where they produce
cranberries.
(3) When voting for the member-at-large nominee, each eligible
grower shall be entitled to cast one vote on behalf of him/herself.
(4) The nominee receiving the highest number of votes cast shall be
designated the member-at-large nominee representing entities other than
the major cooperative marketing organization. The nominee receiving the
second highest number of votes cast shall be declared the alternate
member-at-large nominee representing entities other than the major
cooperative marketing organization.
(g) The committee may request that growers provide their federal
tax
[[Page 18808]]
identification number(s) in order to determine voting eligibility.
(h) The names and addresses of all successor member nominees shall
be submitted to the Secretary for selection no later than July 1 of
each even-numbered year.
(i) The committee, with the approval of the Secretary, may issue
rules and regulations to carry out the provisions or to change the
procedures of this section.
0
5. Revise Sec. 929.23 to read as follows:
Sec. 929.23 Selection.
(a) From nominations made pursuant to Sec. 929.22(b), the
Secretary shall select members and alternate members to the committee
on the basis of the representation provided for in Sec. 929.20 and in
paragraph (b) or (c) of this section.
(b) Whenever any cooperative marketing organization handles more
than 50 percent of the total volume of cranberries produced during the
fiscal year in which nominations for membership on the committee are
made, the Secretary shall select:
(1) Six major cooperative members and four major cooperative
alternate members from nominations made pursuant to Sec. 929.22(c)(1).
(2) One major cooperative member-at-large from nominations made
pursuant to Sec. 929.22(c)(2), and
(3) Six members and four alternate members from growers who market
their cranberries through other than the major cooperative marketing
organization made pursuant to Sec. 929.22(c)(3).
(c) Whenever any major cooperative marketing organization handles
50 percent or less of the total volume of cranberries produced during
the fiscal year in which nominations for membership on the committee
are made, the Secretary shall select:
(1) Six major cooperative members and four major cooperative
alternate members from nominations made pursuant to Sec. 929.22(d)(1).
(2) Six members and four alternate members from nominations made
pursuant to Sec. 929.22(d)(2).
(3) One member-at-large representing entities other than the major
cooperative marketing organization from nominations made pursuant to
Sec. 929.22(d)(3).
0
6. Revise Sec. 929.27 to read as follows:
Sec. 929.27 Alternate members.
An alternate member of the committee shall act in the place and
stead of a member during the absence of such member and may perform
such other duties as assigned. In the event of the death, removal,
resignation, or disqualification of a member, an alternate shall act
for him/her until a successor for such member is selected and has
qualified. In the event both a member and alternate member from the
same marketing order district are unable to attend a committee meeting,
the committee may designate any other alternate member to serve in such
member's place and stead at that meeting provided that:
(a) An alternate member representing the major cooperative shall
not serve in place of a member representing other than the major
cooperative or the public member.
(b) An alternate member representing other than the major
cooperative shall not serve in place of a major cooperative member or
the public member.
(c) A public alternate member shall not serve in place of any
industry member.
0
7. Revise Sec. 929.32 to read as follows:
Sec. 929.32 Procedure.
(a) Ten members of the committee, or alternates acting for members,
shall constitute a quorum. All actions of the committee shall require
at least ten concurring votes: Provided, if the public member or the
public alternate member acting in the place and stead of the public
member, is present at a meeting, then eleven members shall constitute a
quorum. Any action of the committee on which the public member votes
shall require eleven concurring votes. If the public member abstains
from voting on any particular matter, ten concurring votes shall be
required for an action of the committee.
(b) The committee may vote by mail, telephone, fax, telegraph, or
other electronic means; Provided that any votes cast by telephone shall
be confirmed promptly in writing. Voting by proxy, mail, telephone,
fax, telegraph, or other electronic means shall not be permitted at any
assembled meeting of the committee.
(c) All assembled meetings of the committee shall be open to
growers and handlers. The committee shall publish notice of all
meetings in such manner as it deems appropriate.
Dated: April 5, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-8072 Filed 4-8-04; 8:45 am]
BILLING CODE 3410-02-P