Raisins Produced From Grapes Grown In California; Revisions to Requirements Regarding Off-Grade Raisins, 42257-42259 [E8-16605]

Download as PDF 42257 Rules and Regulations Federal Register Vol. 73, No. 140 Monday, July 21, 2008 Small businesses may request information on complying with this regulation by contacting Jay Guerber, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, The Code of Federal Regulations is sold by DC 20250–0237; Telephone: (202) 720– the Superintendent of Documents. Prices of 2491, Fax: (202) 720–8938, or E-mail: new books are listed in the first FEDERAL REGISTER issue of each week. Jay.Guerber@usda.gov. SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing DEPARTMENT OF AGRICULTURE Agreement and Order No. 989 (7 CFR part 989), both as amended, regulating Agricultural Marketing Service the handling of raisins produced from grapes grown in California, hereinafter 7 CFR Part 989 referred to as the ‘‘order.’’ The order is effective under the Agricultural [Docket No. AMS–FV–07–0117; FV07–989– 4 FR] Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter Raisins Produced From Grapes Grown referred to as the ‘‘Act.’’ In California; Revisions to The Department of Agriculture Requirements Regarding Off-Grade (USDA) is issuing this rule in Raisins conformance with Executive Order 12866. AGENCY: Agricultural Marketing Service, This final rule has been reviewed USDA. under Executive Order 12988, Civil ACTION: Final rule. Justice Reform. This rule is not intended to have retroactive effect. This final rule SUMMARY: This rule revises requirements will not preempt any State or local laws, regarding off-grade raisins under the regulations, or policies, unless they Federal marketing order for California present an irreconcilable conflict with raisins (order). The order regulates the this rule. handling of raisins produced from The Act provides that administrative grapes grown in California and is proceedings must be exhausted before administered locally by the Raisin parties may file suit in court. Under Administrative Committee (Committee). section 608c(15)(A) of the Act, any This rule revises the requirement that handler subject to an order may file notification handlers must provide to with USDA a petition stating that the the inspection service and the order, any provision of the order, or any Committee when they perform certain obligation imposed in connection with functions on off-grade raisins be in the order is not in accordance with law writing, thereby allowing them to use and request a modification of the order other means of communication, or to be exempted therefrom. A handler including e-mail. This rule also removes is afforded the opportunity for a hearing the requirement that handlers submit on the petition. After the hearing, USDA reports to the Committee regarding would rule on the petition. The Act transfers of off-grade and other failing provides that the district court of the raisins. This action brings the order’s United States in any district in which administrative rules and regulations in the handler is an inhabitant, or has his line with current industry practices. or her principal place of business, has EFFECTIVE DATE: August 20, 2008. jurisdiction to review USDA’s ruling on FOR FURTHER INFORMATION CONTACT: Rose the petition, provided an action is filed M. Aguayo, Marketing Specialist, or not later than 20 days after the date of Kurt J. Kimmel, Regional Manager, the entry of the ruling. This final rule revises requirements California Marketing Field Office, regarding off-grade raisins under the Marketing Order Administration order. This rule revises the requirement Branch, Fruit and Vegetable Programs, that notification handlers must provide AMS, USDA; Telephone: (559) 487– to the Processed Products Branch, Fruit 5901, Fax: (559) 487–5906, or E-mail: and Vegetable Programs, Agricultural Rose.Aguayo@usda.gov or Marketing Service (AMS), USDA Kurt.Kimmel@usda.gov. yshivers on PROD1PC62 with RULES This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. VerDate Aug<31>2005 15:43 Jul 18, 2008 Jkt 214001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 (hereinafter referred to as the inspection service) and the Committee when they perform certain functions on off-grade raisins be in writing, thereby allowing them to use other means of communication, including e-mail. This rule also removes the requirement that handlers submit reports to the Committee regarding transfers of offgrade and other failing raisins. This action brings the order’s administrative rules and regulations in line with current industry practices and was unanimously recommended by the Committee at a meeting on July 11, 2007. The order provides authority for quality control whereby handlers must have their raisins inspected upon receipt from producers and prior to shipment. Handlers may receive raisins that do not meet minimum standards. Section 989.24(b) specifies that off-grade raisins are raisins which do not meet the then effective minimum grade and condition standards for natural condition raisins (or raisins that have not been processed). Off-grade raisins that cannot be successfully reconditioned to meet the applicable minimum grade standards for processed raisins become other failing raisins. Section 989.58(e) provides requirements for off-grade raisins. Paragraph (1) of that section specifies that off-grade raisins may be received or acquired by the handler, without further inspection, in eligible non-normal outlets (such as animal feed); be returned unstemmed to the person tendering the raisins (usually the producer); or be received by the handler for reconditioning. Off-grade raisins received by handlers under any one of these three categories may be changed to any of the other categories under such rules and procedures recommended by the Committee and approved by the Secretary of Agriculture (Secretary). Paragraph (2) of that section specifies that off-grade raisins may be transferred from a receiving handler’s plant to another plant of his/hers or to that of another handler within the State of California. Section 989.158(c) specifies rules and procedures for off-grade raisins. Paragraph (2) of that section requires that handlers notify the inspection service in writing prior to making any changes in off-grade raisin categories as described above. Paragraph (3) of that E:\FR\FM\21JYR1.SGM 21JYR1 yshivers on PROD1PC62 with RULES 42258 Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Rules and Regulations section requires handlers to notify the inspection service in advance and in writing on a form provided by the Committee, of the time they plan to transfer lots of off-grade raisins for reconditioning. They must also provide the Committee this form. Paragraph (4) of that section specifies that handlers must notify the inspection service in writing prior to reconditioning off-grade raisins. Paragraph (6) of that section requires handlers to notify the inspection service in writing before transferring stemmed raisins to another handler for reconditioning, and to obtain from the receiving handler a statement that he or she will receive such raisins for reconditioning. Copies of the inspection notification and receiving handler statement must be forwarded by the transferring handler to the Committee. Section 989.73(d) of the order provides authority for the Committee, with approval of the Secretary, to request other information from handlers that may be necessary for the Committee to perform its duties. Section 989.173(d)(2) specifies that handlers must report to the Committee information regarding transfers of offgrade raisins and other failing raisins, including the date of the transfer, the name and address of the receiving handler and location of his or her plant, the name and address of the tenderer of each lot included in the transfer and the inspection certificate numbers applicable to the lot, and the varietal type, net weight, and condition of the raisins. In the early 1990s, the inspection service began computerizing much of the information regarding raisin inspections, including data regarding off-grade raisins. These computerized data are shared with Committee staff. The inspection service generates reports from this database as needed and provides the information to handlers. Handlers now notify the inspection service verbally or by other means of communication, including e-mail, before they change off-grade raisin categories, transfer off-grade raisins for reconditioning, recondition off-grade raisins, or transfer off-grade raisins that have been stemmed to another handler for reconditioning. Thus, it is no longer necessary for handlers to provide such notification in writing, too. Likewise, it is not necessary for handlers to submit reports to the Committee on transfers of off-grade or other failing raisins. As stated above, the computerized data regarding off-grade raisins generated by the inspection service are shared with Committee staff. Additionally, handlers submit other VerDate Aug<31>2005 15:43 Jul 18, 2008 Jkt 214001 weekly and monthly reports to the Committee regarding off-grade and other failing raisins that allows Committee staff to track such raisins. These include the RAC–28, Processor’s Report of Acquisition of Off-Grade Raisins; RAC– 28A, Processor’s Report of Disposition of Off-Grade Raisins and Raisin Residual Material; the RAC–30, Weekly Off-Grade Summary; the RAC–32, Monthly Report of Dispositions of OffGrade Raisins, Other Failing Raisins and Raisin Residual Material; the RAC–33, Weekly Report of Disposition of Standard Raisins Recovered from Reconditioning of Off-Grade Raisins; and the RAC–51 CO, Inventory of OffGrade Raisins on Hand (for organically produced raisins). These forms will continue to be used and are currently approved by the Office of Management and Budget (OMB) under OMB No. 0581–0178, Vegetable and Specialty Crops. Thus, the Committee recommended revising the order’s administrative rules and regulations to remove these requirements and reflect current industry practices. Accordingly, this rule would revise paragraphs (2), (3), (4)(i), and (6)(ii) in § 989.158(c) and remove paragraph (d)(2) in § 989.173. Final Regulatory Flexibility Analysis 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. 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 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. There are approximately 21 handlers of California raisins who are subject to regulation under the order and approximately 3,000 raisin producers in the regulated area. Small agricultural service firms have been defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less than $6,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. No more than 10 handlers, and a majority of producers, of California raisins may be classified as small entities. This final rule revises § 989.158(c) regarding the requirement that PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 notification handlers must provide to the inspection service and the Committee when they perform certain functions on off-grade raisins be in writing, therefore, allowing them to use other means of communication, including e-mail. Handlers now provide such notification verbally or by other means of communication; written notification is no longer necessary. This rule also revises § 989.173(d) by removing the requirement that handlers must submit reports to the Committee on transfers of off-grade and other failing raisins. Handlers submit other weekly and monthly reports to the Committee regarding off-grade and other failing raisins that allows Committee staff to track such raisins. These changes bring the order’s administrative rules and regulations in line with current industry practices. Authority for these changes is provided in §§ 989.58(e) and 989.73(d) of the order, respectively. Regarding the impact of this action on producers and handlers, these changes will not impact producers, and will remove requirements on handlers that are not necessary. It brings the administrative rules and regulations in line with current industry practices. As an alternative, the Committee considered maintaining the status quo. However, this is not practical since the requirements are no longer necessary. Handlers now notify the inspection service and the Committee verbally or by other means of communication before they perform certain functions on off-grade raisins. Additionally, handlers submit other weekly and monthly reports to the Committee regarding offgrade and other failing raisins that allows Committee staff to track such raisins. Thus, the Committee recommended revising the regulations to bring them in line with current industry practices. This action revises reporting and recordkeeping requirements specified in the order’s administrative rules and regulations for all California raisin handlers. These requirements were approved under OMB No. 0581–0178, Vegetable and Specialty Crops. No change to this approval is warranted as a result of this action. This action brings the regulations in line with current industry practices. Data regarding offgrade raisins have been computerized since the early 1990s. It is no longer necessary for handlers to advise the inspection service nor the Committee in writing when they perform certain functions regarding off-grade raisins. Handlers provide such notification verbally or by other means of communication, including e-mail. The time it takes to provide such E:\FR\FM\21JYR1.SGM 21JYR1 Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Rules and Regulations information is minimal. Likewise, it is no longer necessary for handlers to submit reports to the Committee regarding transfers of off-grade for reconditioning or other failing raisins. Handlers submit other weekly and monthly reports to the Committee regarding off-grade and other failing raisins that allows Committee staff to track such raisins. 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. 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this final rule. In addition, the Committee’s July 11, 2007, meeting and the Administrative Issues Subcommittee meeting held earlier that day were widely publicized throughout the raisin industry. All interested persons were invited to attend the meetings and participate in Committee deliberations on all issues. Like all Committee meetings, both were public meetings and 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 April 22, 2008 (72 FR 21551). Copies of the rule were mailed or sent via facsimile to all Committee members and raisin handlers. Finally, the rule was made available through the Internet by USDA and the Office of the Federal Register. A 30-day comment period ending May 22, 2008, was provided to allow interested persons to respond to the proposal. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/ AMSv1.0/ams.fetchTemplateData.do? template=TemplateN&page=Marketing OrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the yshivers on PROD1PC62 with RULES FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant matters presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found VerDate Aug<31>2005 15:43 Jul 18, 2008 Jkt 214001 that this rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. List of Subjects in 7 CFR Part 989 Grapes, Marketing agreements, Raisins, Reporting and recordkeeping requirements. I For the reasons set forth in the preamble, 7 CFR part 989 is amended as follows: PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 989 continues to read as follows: I 2. Section 989.158 is amended as follows: I a. In paragraph (c)(2), the second sentence is revised, and a new sentence is added after it; I b. In paragraph (c)(3), the fourth sentence is revised, and a new sentence is added after it; I c. In paragraph (c)(4)(i), the first sentence is revised, and a new sentence is added after it; and I d. Paragraph (c)(6)(ii) is revised. The revised and added text reads as follows: § 989.158 Natural condition raisins. * * * * * (c) * * * (2) * * * Prior to making such change, the handler shall notify the inspection service at least one business day in advance of the time such handler plans to begin such change. Such notification shall be provided verbally or by other means of communication, including e-mail. * * * (3) * * * The handler shall notify the inspection service in advance of the time such handler plans to transfer each lot. Such notification shall be provided verbally or by other means of communication, including e-mail. * * * (4) * * * (i) The handler shall notify the inspection service at least one business day in advance of the time such handler plans to begin reconditioning each lot of raisins, unless a shorter period is acceptable to the inspection service. Such notification shall be provided verbally or by other means of communication, including e-mail. * * * * * * * * (6) * * * (ii) Any packer may arrange for or permit the tenderer to remove the stemmed raisins (described in paragraph PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 (c)(6)(i) of this section), but not the residual, directly to the premises, within California, of another packer for further reconditioning of the raisins at the latter’s premises. Such removal and transfer shall be made under the surveillance of the inspection service. The packer shall notify the inspection service as required in paragraph (c)(3) of this section. Such raisins may be received by the other packer without inspection. On and after such receipt of the raisins for further reconditioning, all applicable provisions of this part shall apply with respect to such raisins and the packer so receiving them. * * * * * § 989.173 Authority: 7 U.S.C. 601–674. I 42259 [Amended] 3. In § 989.173, paragraph (d)(2) is removed and reserved. I Dated: July 16, 2008. Lloyd C. Day, Administrator, Agricultural Marketing Service. [FR Doc. E8–16605 Filed 7–18–08; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2008–0733; Directorate Identifier 2008–NM–114–AD; Amendment 39–15617; AD 2008–15–05] RIN 2120–AA64 Airworthiness Directives; Boeing Model 737–300, –400, and –500 Series Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: SUMMARY: We are adopting a new airworthiness directive (AD) for all Boeing Model 737–300, –400, and –500 series airplanes. This AD requires inspecting to determine if certain carriage spindles are installed, repetitive inspections for corrosion and indications of corrosion on affected carriage spindles, and if necessary, related investigative action and corrective action. This AD also provides optional terminating action. This AD results from a report of corrosion found on carriage spindles that are located on the outboard trailing edge flaps. We are issuing this AD to detect and correct corrosion of the carriage spindle, which could result in fracture. Fracture of both the inboard and outboard carriage spindles, in the forward ends through E:\FR\FM\21JYR1.SGM 21JYR1

Agencies

[Federal Register Volume 73, Number 140 (Monday, July 21, 2008)]
[Rules and Regulations]
[Pages 42257-42259]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-16605]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 73, No. 140 / Monday, July 21, 2008 / Rules 
and Regulations

[[Page 42257]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. AMS-FV-07-0117; FV07-989-4 FR]


Raisins Produced From Grapes Grown In California; Revisions to 
Requirements Regarding Off-Grade Raisins

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule revises requirements regarding off-grade raisins 
under the Federal marketing order for California raisins (order). The 
order regulates the handling of raisins produced from grapes grown in 
California and is administered locally by the Raisin Administrative 
Committee (Committee). This rule revises the requirement that 
notification handlers must provide to the inspection service and the 
Committee when they perform certain functions on off-grade raisins be 
in writing, thereby allowing them to use other means of communication, 
including e-mail. This rule also removes the requirement that handlers 
submit reports to the Committee regarding transfers of off-grade and 
other failing raisins. This action brings the order's administrative 
rules and regulations in line with current industry practices.

EFFECTIVE DATE: August 20, 2008.

FOR FURTHER INFORMATION CONTACT: Rose M. Aguayo, Marketing Specialist, 
or Kurt J. Kimmel, Regional Manager, California Marketing Field Office, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or E-mail: 
Rose.Aguayo@usda.gov or Kurt.Kimmel@usda.gov.
    Small businesses may request information on complying 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, or E-mail: Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing 
Agreement and Order No. 989 (7 CFR part 989), both as amended, 
regulating the handling of raisins produced from grapes grown in 
California, 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 (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    This final rule has been reviewed under Executive Order 12988, 
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 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 the date of 
the entry of the ruling.
    This final rule revises requirements regarding off-grade raisins 
under the order. This rule revises the requirement that notification 
handlers must provide to the Processed Products Branch, Fruit and 
Vegetable Programs, Agricultural Marketing Service (AMS), USDA 
(hereinafter referred to as the inspection service) and the Committee 
when they perform certain functions on off-grade raisins be in writing, 
thereby allowing them to use other means of communication, including e-
mail. This rule also removes the requirement that handlers submit 
reports to the Committee regarding transfers of off-grade and other 
failing raisins. This action brings the order's administrative rules 
and regulations in line with current industry practices and was 
unanimously recommended by the Committee at a meeting on July 11, 2007.
    The order provides authority for quality control whereby handlers 
must have their raisins inspected upon receipt from producers and prior 
to shipment. Handlers may receive raisins that do not meet minimum 
standards. Section 989.24(b) specifies that off-grade raisins are 
raisins which do not meet the then effective minimum grade and 
condition standards for natural condition raisins (or raisins that have 
not been processed). Off-grade raisins that cannot be successfully 
reconditioned to meet the applicable minimum grade standards for 
processed raisins become other failing raisins.
    Section 989.58(e) provides requirements for off-grade raisins. 
Paragraph (1) of that section specifies that off-grade raisins may be 
received or acquired by the handler, without further inspection, in 
eligible non-normal outlets (such as animal feed); be returned 
unstemmed to the person tendering the raisins (usually the producer); 
or be received by the handler for reconditioning. Off-grade raisins 
received by handlers under any one of these three categories may be 
changed to any of the other categories under such rules and procedures 
recommended by the Committee and approved by the Secretary of 
Agriculture (Secretary). Paragraph (2) of that section specifies that 
off-grade raisins may be transferred from a receiving handler's plant 
to another plant of his/hers or to that of another handler within the 
State of California.
    Section 989.158(c) specifies rules and procedures for off-grade 
raisins. Paragraph (2) of that section requires that handlers notify 
the inspection service in writing prior to making any changes in off-
grade raisin categories as described above. Paragraph (3) of that

[[Page 42258]]

section requires handlers to notify the inspection service in advance 
and in writing on a form provided by the Committee, of the time they 
plan to transfer lots of off-grade raisins for reconditioning. They 
must also provide the Committee this form. Paragraph (4) of that 
section specifies that handlers must notify the inspection service in 
writing prior to reconditioning off-grade raisins. Paragraph (6) of 
that section requires handlers to notify the inspection service in 
writing before transferring stemmed raisins to another handler for 
reconditioning, and to obtain from the receiving handler a statement 
that he or she will receive such raisins for reconditioning. Copies of 
the inspection notification and receiving handler statement must be 
forwarded by the transferring handler to the Committee.
    Section 989.73(d) of the order provides authority for the 
Committee, with approval of the Secretary, to request other information 
from handlers that may be necessary for the Committee to perform its 
duties. Section 989.173(d)(2) specifies that handlers must report to 
the Committee information regarding transfers of off-grade raisins and 
other failing raisins, including the date of the transfer, the name and 
address of the receiving handler and location of his or her plant, the 
name and address of the tenderer of each lot included in the transfer 
and the inspection certificate numbers applicable to the lot, and the 
varietal type, net weight, and condition of the raisins.
    In the early 1990s, the inspection service began computerizing much 
of the information regarding raisin inspections, including data 
regarding off-grade raisins. These computerized data are shared with 
Committee staff. The inspection service generates reports from this 
database as needed and provides the information to handlers. Handlers 
now notify the inspection service verbally or by other means of 
communication, including e-mail, before they change off-grade raisin 
categories, transfer off-grade raisins for reconditioning, recondition 
off-grade raisins, or transfer off-grade raisins that have been stemmed 
to another handler for reconditioning. Thus, it is no longer necessary 
for handlers to provide such notification in writing, too.
    Likewise, it is not necessary for handlers to submit reports to the 
Committee on transfers of off-grade or other failing raisins. As stated 
above, the computerized data regarding off-grade raisins generated by 
the inspection service are shared with Committee staff. Additionally, 
handlers submit other weekly and monthly reports to the Committee 
regarding off-grade and other failing raisins that allows Committee 
staff to track such raisins. These include the RAC-28, Processor's 
Report of Acquisition of Off-Grade Raisins; RAC-28A, Processor's Report 
of Disposition of Off-Grade Raisins and Raisin Residual Material; the 
RAC-30, Weekly Off-Grade Summary; the RAC-32, Monthly Report of 
Dispositions of Off-Grade Raisins, Other Failing Raisins and Raisin 
Residual Material; the RAC-33, Weekly Report of Disposition of Standard 
Raisins Recovered from Reconditioning of Off-Grade Raisins; and the 
RAC-51 CO, Inventory of Off-Grade Raisins on Hand (for organically 
produced raisins). These forms will continue to be used and are 
currently approved by the Office of Management and Budget (OMB) under 
OMB No. 0581-0178, Vegetable and Specialty Crops.
    Thus, the Committee recommended revising the order's administrative 
rules and regulations to remove these requirements and reflect current 
industry practices. Accordingly, this rule would revise paragraphs (2), 
(3), (4)(i), and (6)(ii) in Sec.  989.158(c) and remove paragraph 
(d)(2) in Sec.  989.173.

Final Regulatory Flexibility Analysis

    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. 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 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.
    There are approximately 21 handlers of California raisins who are 
subject to regulation under the order and approximately 3,000 raisin 
producers in the regulated area. Small agricultural service firms have 
been defined by the Small Business Administration (13 CFR 121.201) as 
those having annual receipts of less than $6,500,000, and small 
agricultural producers are defined as those having annual receipts of 
less than $750,000. No more than 10 handlers, and a majority of 
producers, of California raisins may be classified as small entities.
    This final rule revises Sec.  989.158(c) regarding the requirement 
that notification handlers must provide to the inspection service and 
the Committee when they perform certain functions on off-grade raisins 
be in writing, therefore, allowing them to use other means of 
communication, including e-mail. Handlers now provide such notification 
verbally or by other means of communication; written notification is no 
longer necessary. This rule also revises Sec.  989.173(d) by removing 
the requirement that handlers must submit reports to the Committee on 
transfers of off-grade and other failing raisins. Handlers submit other 
weekly and monthly reports to the Committee regarding off-grade and 
other failing raisins that allows Committee staff to track such 
raisins. These changes bring the order's administrative rules and 
regulations in line with current industry practices. Authority for 
these changes is provided in Sec. Sec.  989.58(e) and 989.73(d) of the 
order, respectively.
    Regarding the impact of this action on producers and handlers, 
these changes will not impact producers, and will remove requirements 
on handlers that are not necessary. It brings the administrative rules 
and regulations in line with current industry practices.
    As an alternative, the Committee considered maintaining the status 
quo. However, this is not practical since the requirements are no 
longer necessary. Handlers now notify the inspection service and the 
Committee verbally or by other means of communication before they 
perform certain functions on off-grade raisins. Additionally, handlers 
submit other weekly and monthly reports to the Committee regarding off-
grade and other failing raisins that allows Committee staff to track 
such raisins. Thus, the Committee recommended revising the regulations 
to bring them in line with current industry practices.
    This action revises reporting and recordkeeping requirements 
specified in the order's administrative rules and regulations for all 
California raisin handlers. These requirements were approved under OMB 
No. 0581-0178, Vegetable and Specialty Crops. No change to this 
approval is warranted as a result of this action. This action brings 
the regulations in line with current industry practices. Data regarding 
off-grade raisins have been computerized since the early 1990s. It is 
no longer necessary for handlers to advise the inspection service nor 
the Committee in writing when they perform certain functions regarding 
off-grade raisins. Handlers provide such notification verbally or by 
other means of communication, including e-mail. The time it takes to 
provide such

[[Page 42259]]

information is minimal. Likewise, it is no longer necessary for 
handlers to submit reports to the Committee regarding transfers of off-
grade for reconditioning or other failing raisins. Handlers submit 
other weekly and monthly reports to the Committee regarding off-grade 
and other failing raisins that allows Committee staff to track such 
raisins. 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.
    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.
    As noted in the initial regulatory flexibility analysis, USDA has 
not identified any relevant Federal rules that duplicate, overlap or 
conflict with this final rule.
    In addition, the Committee's July 11, 2007, meeting and the 
Administrative Issues Subcommittee meeting held earlier that day were 
widely publicized throughout the raisin industry. All interested 
persons were invited to attend the meetings and participate in 
Committee deliberations on all issues. Like all Committee meetings, 
both were public meetings and 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 April 22, 2008 (72 FR 21551). Copies of the rule were 
mailed or sent via facsimile to all Committee members and raisin 
handlers. Finally, the rule was made available through the Internet by 
USDA and the Office of the Federal Register. A 30-day comment period 
ending May 22, 2008, was provided to allow interested persons to 
respond to the proposal. No comments were received.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http:/
/www.ams.usda.gov/AMSv1.0/
ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBus
inessGuide. Any questions about the compliance guide should be sent to 
Jay Guerber at the previously mentioned address in the FOR FURTHER 
INFORMATION CONTACT section.
    After consideration of all relevant matters presented, including 
the information and recommendation 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 989

    Grapes, Marketing agreements, Raisins, Reporting and recordkeeping 
requirements.

0
For the reasons set forth in the preamble, 7 CFR part 989 is amended as 
follows:

PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA

0
1. The authority citation for 7 CFR part 989 continues to read as 
follows:

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

0
2. Section 989.158 is amended as follows:
0
a. In paragraph (c)(2), the second sentence is revised, and a new 
sentence is added after it;
0
b. In paragraph (c)(3), the fourth sentence is revised, and a new 
sentence is added after it;
0
c. In paragraph (c)(4)(i), the first sentence is revised, and a new 
sentence is added after it; and
0
d. Paragraph (c)(6)(ii) is revised.
    The revised and added text reads as follows:


Sec.  989.158  Natural condition raisins.

* * * * *
    (c) * * *
    (2) * * * Prior to making such change, the handler shall notify the 
inspection service at least one business day in advance of the time 
such handler plans to begin such change. Such notification shall be 
provided verbally or by other means of communication, including e-mail. 
* * *
    (3) * * * The handler shall notify the inspection service in 
advance of the time such handler plans to transfer each lot. Such 
notification shall be provided verbally or by other means of 
communication, including e-mail. * * *
    (4) * * *
    (i) The handler shall notify the inspection service at least one 
business day in advance of the time such handler plans to begin 
reconditioning each lot of raisins, unless a shorter period is 
acceptable to the inspection service. Such notification shall be 
provided verbally or by other means of communication, including e-mail. 
* * *
* * * * *
    (6) * * *
    (ii) Any packer may arrange for or permit the tenderer to remove 
the stemmed raisins (described in paragraph (c)(6)(i) of this section), 
but not the residual, directly to the premises, within California, of 
another packer for further reconditioning of the raisins at the 
latter's premises. Such removal and transfer shall be made under the 
surveillance of the inspection service. The packer shall notify the 
inspection service as required in paragraph (c)(3) of this section. 
Such raisins may be received by the other packer without inspection. On 
and after such receipt of the raisins for further reconditioning, all 
applicable provisions of this part shall apply with respect to such 
raisins and the packer so receiving them.
* * * * *


Sec.  989.173  [Amended]

0
3. In Sec.  989.173, paragraph (d)(2) is removed and reserved.

    Dated: July 16, 2008.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E8-16605 Filed 7-18-08; 8:45 am]
BILLING CODE 3410-02-P