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Federal Register / Vol. 86, No. 242 / Tuesday, December 21, 2021 / Rules and Regulations of $193.8 million. Dividing this figure by the number of handlers 40 yields estimated average annual handler receipts of $4.85 million, which is below the SBA threshold for small agricultural service firms. Assuming a normal distribution, the majority of producers and handlers of tart cherries may be classified as small entities.
This final rule adds the sales and inventory report requirements to the administrative provisions under the Order and will require handlers to report inventory older than five years.
This rule establishes a new 930.170
under the rules and regulations of the Order. The authority for this action is provided in 930.70 of the Order.
AMS anticipates that this final rule will impose minimal, if any, additional costs on handlers or growers, regardless of their size. This action will impose a small increase in the reporting burden for each tart cherry handler. However, because handlers currently maintain data about the age of their inventory in the regular course of business, they should be able to readily access this information. Consequently, any additional costs associated with this change should be minimal not significant and apply equally to all handlers.
This action should also benefit the entire industry by providing more precise information on tart cherry product in inventory. This information will provide accurate information regarding available inventory and help with marketing and planning for the industry. Further, having these requirements codified under the rules and regulations would also benefit compliance enforcement of this reporting requirement. The benefits of this rule are expected to be equally available to all tart cherry growers and handlers, regardless of their size.
The Board discussed other alternatives to this action, including reporting inventory older than three years for the purposes of classifying the age of inventory, reporting the age of inventory quarterly, and leaving the current reporting requirements unchanged. When discussing the alternatives, the Board concluded a three-year timeframe would not sufficiently cover the normal lifespan of all products held in inventory. The Board also commented that quarterly reporting of older inventory was unnecessary because this information would be most useful at the end of the season, prior to making annual volume restriction recommendations. Therefore, the alternatives were rejected.
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Chapter 35, the Orders information collection requirements have been previously approved by OMB and assigned OMB No. 05810177, Tart Cherries Grown in the States of Michigan, New York, Pennsylvania, Oregon, Utah, Washington, and Wisconsin. This final rule will require changes to the Boards existing CIAB
Form 3. However, the changes are minor and the currently approved burden for the form will be minimally increased by the changes. The revised form has been submitted to OMB for approval.
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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule.
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.
Further, the Boards meetings are widely publicized throughout the tart cherry industry. The meetings are public and virtual or in a hybrid style with participants having a choice whether to attend in person or virtually.
All interested persons are invited to attend the meetings and participate in Board deliberations on all issues. The Boards meetings on June 25, 2020, January 14, 2021, and February 25, 2021, were each conducted via videoconference. All entities, both large and small, were able to express views on this issue.
A proposed rule concerning this action was published in the Federal Register on August 13, 2021 86 FR
44647. Copies of the proposed rule were sent via email to Board members and known tart cherry handlers. Finally, the proposed rule was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending September 13, 2021 was provided to allow interested persons to respond to the proposal. No comments were received. Accordingly, no changes will be made to the proposed rule.
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
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mentioned address in the FOR FURTHER
section.
After consideration of all relevant material presented, including the information and recommendation submitted by the Board and other available information, it is hereby found that this rule will tend to effectuate the declared policy of the Act.

INFORMATION CONTACT

List of Subjects in 7 CFR Part 930
Cherries, Marketing agreements, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 930 is amended as follows:
PART 930TART CHERRIES GROWN
IN THE STATES OF MICHIGAN, NEW
YORK, PENNSYLVANIA, OREGON, UTAH, WASHINGTON, AND
WISCONSIN
1. The authority citation for 7 CFR
part 930 continues to read as follows:

Authority: 7 U.S.C. 601674.

2. Add 930.170 to read as follows:

930.170

Sales and inventory report.

a Handlers shall submit to the Board a sales and inventory report for the reporting period ending November 30, February 28, May 31, and June 30 of each crop year. Handlers shall file such reports by the tenth day of the month following the reporting period, December 10, March 10, June 10, and July 10, respectively. Should the filing due date fall on a Saturday, Sunday, or federal holiday, reports are due by the first business day following the due date. Such reports shall be reported to the Board on CIAB Form 3 and include:
1 The name, address, telephone number, and identifying number of the handler;
2 The reporting period covered by the report;
3 The form, type, and unit size for each product;
4 The total beginning of year inventory for each product;
5 The packed amount for each product;
6 Total inter-handler transfers, and total volume repackaged or remanufactured for each product, yearto-date;
7 Total sales outside the industry for each product, year-to-date;
8 The amount of ending inventory for each product, year-to-date;
9 List of inter-handler transfers, both in and out, during the reporting period including:
i Name of the selling handler;
ii Name of the receiving handler;
and
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