Raisins Produced From Grapes Grown in California; Final Free and Reserve Percentages for 2009-10 Crop Natural (Sun-Dried) Seedless Raisins, 20897-20901 [2010-9241]
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20897
Rules and Regulations
Federal Register
Vol. 75, No. 77
Thursday, April 22, 2010
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contains regulatory documents having general
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are keyed to and codified in the Code of
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 989
[Doc. No. AMS–FV–09–0075 and FV10–989–
1 IFR]
Raisins Produced From Grapes Grown
in California; Final Free and Reserve
Percentages for 2009–10 Crop Natural
(Sun-Dried) Seedless Raisins
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AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
SUMMARY: This rule establishes final
volume regulation percentages for 2009–
10 crop Natural (sun-dried) Seedless
(NS) raisins covered under the Federal
marketing order for California raisins
(order). The order regulates the handling
of raisins produced from grapes grown
in California and is locally administered
by the Raisin Administrative Committee
(committee). The volume regulation
percentages are 85 percent free and 15
percent reserve. The percentages are
intended to help stabilize raisin
supplies and prices, and strengthen
market conditions.
DATES: Effective April 23, 2010. The
volume regulation percentages apply to
acquisitions of NS raisins from the
2009–10 crop until the reserve raisins
from that crop are disposed of under the
marketing order. Comments received by
May 24, 2010, will be considered prior
to issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
www.regulations.gov. All comments
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should reference the document number
and the date and page number of this
issue of the Federal Register and will be
made available for public inspection in
the Office of the Docket Clerk during
regular business hours, or can be viewed
at: https://www.regulations.gov. All
comments submitted in response to this
rule will be included in the record and
will be made available to the public.
Please be advised that the identity of the
individuals or entities submitting the
comments will be made public on the
Internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Terry Vawter, Senior 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:
Terry.Vawter@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Antoinette
Carter, 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:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
and Order No. 989, both as amended (7
CFR part 989), 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 rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the order provisions now
in effect, final free and reserve
percentages may be established for
raisins acquired by handlers during the
crop year. This rule establishes final free
and reserve percentages for NS raisins
for the 2009–10 crop year, which began
August 1, 2009, and ends July 31, 2010.
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
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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 rule establishes final volume
regulation percentages for the 2009–10
crop for NS raisins covered under the
order. The volume regulation
percentages are 85 percent free and 15
percent reserve. Free tonnage raisins
may be sold by handlers to any market.
Reserve raisins must be held in a pool
for the account of the committee and are
disposed of through various programs
authorized under the order. For
example, reserve raisins may be sold by
the committee to handlers for free use
or to replace part of the free tonnage
raisins they exported; used in diversion
programs; carried over as a hedge
against a short crop; or disposed of in
other outlets not competitive with those
for free tonnage raisins, such as
government purchase, distilleries, or
animal feed.
The volume regulation percentages
are intended to help stabilize raisin
supplies and prices, and strengthen
market conditions. The committee
unanimously recommended final
percentages for NS raisins on October 6,
2009.
Computation of Trade Demand
Section 989.54 of the order prescribes
procedures and time frames to be
followed in establishing volume
regulation. This includes methodology
used to calculate free and reserve
percentages. Pursuant to § 989.54(a) of
the order, the committee met on August
13, 2009, to review shipment and
inventory data, and other matters
relating to the supplies of raisins of all
varietal types. The committee computed
a trade demand for each varietal type for
which a free tonnage percentage might
be recommended. Trade demand is
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234,769 tons. Thus, it was determined
that volume regulation for NS raisins
was warranted. Preliminary volume
regulation percentages computed to 73
percent free and 27 percent reserve to
release 85 percent of the computed trade
demand.
Section 989.54(c) provides that the
committee may modify the preliminary
free and reserve percentages prior to
February 15 by announcing interim
percentages which release less than the
trade demand. Section 989.54(d)
requires the committee to recommend
final percentages no later than February
15 which will tend to release the full
trade demand.
Pursuant to § 989.54(c), at the same
meeting on October 6, 2009, the
committee announced interim volume
regulation percentages for NS raisins to
release less than the full trade demand
at 84.75 percent free and 15.25 percent
reserve, and recommended final volume
regulation percentages of 85 percent free
and 15 percent reserve pursuant to
§ 989.54(d). The committee’s
calculations and determinations to
arrive at final percentages for NS raisins
are shown in the table below:
considered the economic impact of this
action on small entities. Accordingly,
AMS has prepared this initial 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. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 23 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 are defined by the Small
Business Administration (SBA) (13 CFR
121.201) as those having annual receipts
of less than $7,000,000, and small
agricultural producers as those having
annual receipts of less than $750,000.
No more than 7 handlers and a majority
of producers of California raisins may be
classified as small entities.
Since 1949, the California raisin
industry has operated under a Federal
FINAL VOLUME REGULATION
COMPUTED TRADE DEMAND
marketing order. The order contains
PERCENTAGES CALCULATIONS
CALCULATION
authority to limit the portion of a given
[Natural condition tons]
[Natural condition tons]
year’s crop that can be marketed freely
in any outlet by raisin handlers. This
NS raisins
NS raisins
volume regulation mechanism is used to
234,769 stabilize supplies and prices, and to
Prior year’s shipments ..............
335,103 Trade demand ..........................
275,000 strengthen market conditions. If the
Multiplied by 90 percent ...........
0.90 Divided by crop estimate ..........
primary market (the normal domestic
Adjusted base ...........................
301,593
85
Minus carry-in inventory ...........
126,824 Equals the free percentage ......
market) is over-supplied with raisins,
100
Minus free percentage ..............
85 grower prices decline substantially.
Plus desirable carryout .............
60,000
Pursuant to § 989.54(d) of the order,
15 this rule establishes final volume
Computed NS trade Demand ...
234,769 Equals the reserve percentage
regulation percentages for the 2009–10
crop year for NS raisins. The volume
USDA’s ‘‘Guidelines for Fruit,
Computation of Volume Regulation
regulation percentages are 85 percent
Vegetable, and Specialty Crop
Percentages
Marketing Orders’’ (Guidelines) specify
free and 15 percent reserve. Free
Section 989.54(b) of the order requires that 110 percent of recent years’ sales
tonnage raisins may be sold by handlers
that the committee announce, on or
should be made available to primary
to any market. Reserve raisins must be
before October 5, preliminary crop
markets each season for marketing
held in a pool for the account of the
estimates and determine whether
orders utilizing reserve pool authority.
committee and are disposed of through
volume regulation is warranted for the
This goal is expected to be exceeded for certain programs authorized under the
varietal types for which it computed a
the 2010 crop year for NS raisins. The
order. Volume regulation is warranted
trade demand. That section allows the
application of a free percentage of 85
this season because the crop estimate of
committee to extend the October 5 date
percent, combined with release of
275,000 tons is significantly higher than
up to 5 business days if warranted by a
reserve raisins to handlers during the
the 234,769 ton trade demand.
late crop. The 2009 crop harvest was
The volume regulation procedures
crop year and handler carry-in
late. If the committee determines that
have helped the industry address its
inventories, is estimated to result in an
volume regulation is warranted, it must
marketing problems by keeping supplies
available supply of 392,485 tons of
also compute and announce preliminary natural condition NS raisins, which
in balance with domestic and export
free and reserve percentages. The
market needs, and strengthening market
equates to 124 percent of the 2008–09
committee met on October 6, 2009, and
conditions. The volume regulation
shipments of 317,718 tons.
announced a 2009–10 crop estimate of
procedures fully supply the domestic
Initial Regulatory Flexibility Analysis
275,000 tons for NS raisins pursuant to
and export markets, provide for market
Pursuant to requirements set forth in
§ 989.54(b). NS raisins are the major
expansion, and help reduce the burden
the Regulatory Flexibility Act (RFA) (5
varietal type of California raisin. The
of oversupplies in the domestic market.
U.S.C. 601–612), the Agricultural
Raisin grapes are a perennial crop, so
crop estimate of 275,000 tons is higher
Marketing Service (AMS) has
production in any year is dependent
than the computed trade demand of
computed using a formula specified in
the order and, for each varietal type, is
equal to 90 percent of the prior year’s
shipments of free tonnage and reserve
tonnage raisins sold for free use into all
market outlets, adjusted by subtracting
the carry-in on August 1 of the current
crop year, and adding the desirable
carryout at the end of that crop year. As
specified in § 989.154(a), the desirable
carryout for NS raisins shall equal the
total shipments of free tonnage during
August and September for each of the
past 5 crop years, converted to a natural
condition basis, dropping the high and
low figures, and dividing the remaining
sum by three, or 60,000 natural
condition tons, whichever is higher. For
all other varietal types, the desirable
carryout shall equal the total shipments
of free tonnage during August,
September and one-half of October for
each of the past 5 crop years, converted
to a natural condition basis, dropping
the high and low figures, and dividing
the remaining sum by three. In
accordance with these provisions, the
committee computed and announced
the 2009–10 trade demand for NS
raisins at 234,769 tons as shown below.
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upon plantings made in earlier years.
The sun-drying method of producing
raisins involves considerable risk
because of variable weather patterns.
Even though the product and the
industry are viewed as mature, the
industry has experienced considerable
change over the last several decades.
Before the 1975–76 crop year, more than
50 percent of the raisins were packed
and sold directly to consumers. Now,
about 63 percent of the raisins are sold
in bulk. This means that raisins are now
sold to consumers mostly as an
ingredient in another product such as
cereal and baked goods. In addition, for
a few years in the early 1970s, over 50
percent of the raisin grapes were sold
fresh to the wine market for crushing.
Since then, the percentage of raisinvariety grapes sold to the wine industry
has decreased.
California’s grapes are classified into
three groups—table grapes, wine grapes,
and raisin-variety grapes. Raisin-variety
grapes are the most versatile of the three
types. They can be marketed as fresh
grapes, crushed for juice in the
production of wine or juice concentrate,
or dried into raisins. Annual
fluctuations in the fresh grape, wine,
and concentrate markets, as well as
weather-related factors, cause
fluctuations in raisin supply. This type
of situation introduces a certain amount
of variability into the raisin market.
Although the size of the crop for raisinvariety grapes may be known, the
amount dried for raisins depends on the
demands for crushing. This makes the
marketing of raisins a more difficult
task. These supply fluctuations can
result in producer price instability and
disorderly market conditions.
Volume regulation is helpful to the
raisin industry because it lessens the
impact of such fluctuations and
contributes to orderly marketing. For
example, producer prices for NS raisins
remained fairly steady between the
1993–94 through the 1997–98 crop
20899
years, although production varied. As
shown in the table below, during those
years, production varied from a low of
272,063 tons in 1996–97 to a high of
387,007 tons in 1993–94.
According to committee data, the total
producer return per ton during those
years, which includes proceeds from
both free tonnage plus reserve pool
raisins, has varied from a low of $904.60
in 1993–94 to a high of $1,049.20 in
1996–97. Producer prices for the 1998–
99 and 1999–2000 crop years increased
significantly due to back-to-back short
crops during those years. Record large
crops followed and producer prices
dropped dramatically for the 2000–01
through 2003–04 crop years, as
inventories grew while demand
stagnated. However, as noted below,
producer prices were higher for the
2004–05 through the 2008–09 crop
years. Crop prices fluctuate depending
upon variable winery and table grape
demand for raisin variety grapes.
NATURAL SEEDLESS (NATURAL CONDITION) DELIVERIES, FIELD PRICES AND PRODUCER PRICES
Deliveries
(tons)
Crop year
2008–09 .......................................................................................
2007–08 .......................................................................................
2006–07 .......................................................................................
2005–06 .......................................................................................
2004–05 .......................................................................................
2003–04 .......................................................................................
2002–03 .......................................................................................
2001–02 .......................................................................................
2000–01 .......................................................................................
1999–2000 ...................................................................................
1998–99 .......................................................................................
1997–98 .......................................................................................
1996–97 .......................................................................................
1995–96 .......................................................................................
1994–95 .......................................................................................
1993–94 .......................................................................................
Field prices
(per ton) 1
364,268
329,288
282,999
319,126
265,262
296,864
388,010
377,328
432,616
299,910
240,469
382,448
272,063
325,911
378,427
387,007
$1,310.00
1,210.00
1,210.00
1,210.00
1,210.00
810.00
745.00
880.00
877.50
1,425.00
1,290.00
1,250.00
1,220.00
1,160.00
1,160.00
1,155.00
Producer prices
(per ton)
2 $1,139.70
2 1,028.50
1 1,089.00
1 998.25
3 1,210.00
567.00
491.20
650.94
603.36
1,211.25
3 1,290.00
946.52
1,049.20
1,007.19
928.27
904.60
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1 Field prices for NS raisins are established by the Raisin Bargaining Association, and are also referred to in the industry as the ‘‘free tonnage
price’’ for raisins.
2 Return-to-date, reserve pool still open.
3 No volume regulation.
There are essentially two broad
markets for raisins—domestic and
export. Domestic shipments generally
increased over the years. Although
domestic shipments decreased from a
high of 204,805 packed tons during the
1990–91 crop year to a low of 156,325
packed tons in 1999–2000 crop year,
they increased from 174,117 packed
tons during the 2000–01 crop year to
193,609 packed tons during the 2007–08
crop year and decreased to 191,929
packed tons during the 2008–09 crop
year. Export shipments ranged from a
high of 107,931 packed tons in the
1991–92 crop year to a low of 91,599
packed tons in the 1999–2000 crop year.
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Since that time, export shipments
increased to 106,755 tons of raisins
during the 2004–05 crop year, fell to
101,684 tons in 2006–07 crop year, and
again increased to 142,541 tons in 2007–
08 crop year. This significant increase
was due to a short crop in Turkey.
Export shipments remained relatively
high in 2008–09 at 125,789 tons.
The per capita consumption of raisins
has declined from 2.07 pounds in 1988
to 1.46 pounds in 2007. This decrease
is consistent with the decrease in the
per capita consumption of dried fruits
in general, which may be due to the
increasing year-round availability of
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most types of fresh fruit throughout the
year.
While the overall demand for raisins
has increased in four of the last five
years (as reflected in increased
commercial shipments), production has
been decreasing. Deliveries of NS dried
raisins from producers to handlers
reached an all-time high of 432,616 tons
in the 2000–01 crop year. This large
crop was preceded by two short crop
years; deliveries were 240,469 tons in
1998–99 crop year and 299,910 tons in
1999–2000 crop year. Deliveries for the
2000–01 crop year soared to a record
level because of increased bearing
acreage and yields. Deliveries for the
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2001–02 crop year were at 377,328 tons,
388,010 tons for the 2002–03 crop year,
296,864 tons for the 2003–04 crop year,
and 265,262 tons for the 2004–05 crop
year.
After three crop years of high
production and a large 2001–02 carry-in
inventory, the industry diverted raisin
production to other uses or removed
bearing vines. Diversions/removals
totaled 38,000 acres in 2001; 27,000
acres in 2002; and 8,000 acres of vines
in 2003. These actions resulted in
declining deliveries of 296,864 tons for
the 2003–04 crop year and 265,262 tons
for the 2004–05 crop year. Although
deliveries increased in 2005–06 crop
year to 319,126 tons, this may have been
because fewer growers opted to contract
with wineries, as raisin variety grapes
crushed in 2005–06 crop year decreased
by 161,000 green tons, the equivalent of
over 40,000 tons of raisins. In the 2006–
07 crop year, raisin deliveries were
again less than 300,000 tons at 282,999
tons and increased to 329,288 tons in
2007–08 crop year. The 2008–09 crop
year was considered to be a good crop
and the quality of the crop has a direct
bearing on the overall production with
364,268 tons of NS raisins delivered.
Raisins are generally marketed at
relatively lower price levels in the more
elastic export market than in the more
inelastic domestic market. This results
in a larger volume of raisins being
marketed and enhances producer
returns. In addition, this system allows
the U.S. raisin industry to be more
competitive in export markets.
The reserve percentage limits
provides for raisins that handlers can
market as free tonnage. Based on the
2009–10 crop year estimate of 275,000
tons, the 15 percent reserve would limit
the total free tonnage to 233,750 natural
condition tons (.85 × the 275,000 ton
crop). Adding the estimated figure of
41,250 tons of raisins offered to
handlers through the 10 + 10 program
to the 233,750 tons of free tonnage, plus
126,824 tons of carry-in inventory, plus
the 12,137 tons of 2008–09 NS reserve
pool raisins released in the 2009–10
crop year results in a total supply of
413,961 tons of natural condition
raisins.
With volume regulation, producer
prices are expected to be higher than
without volume regulation. This price
increase is beneficial to all producers
regardless of size, and enhances
producers’ total revenues in comparison
to no volume regulation. Establishing a
reserve allows the industry to help
stabilize supplies in both domestic and
export markets, while improving returns
to producers.
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Free and reserve percentages are
established by varietal type; and,
generally, established in years when the
supply exceeds the trade demand by a
large enough margin that the committee
believes volume regulation is necessary
to maintain market stability.
Accordingly, in assessing whether to
apply volume regulation or, as an
alternative, not to apply such regulation,
the committee determined that volume
regulation is warranted this season for
only one of the nine raisin varietal types
defined under the order.
The free and reserve percentages
established by this rule release the full
trade demand and apply uniformly to
all handlers in the industry, regardless
of size. For NS raisins, with the
exception of the 1998–99 and 2004–05
crop years, small and large raisin
producers and handlers have been
operating under volume regulation
percentages every year since the 1983–
84 crop year. There are no known
additional costs incurred by small
handlers that are not incurred by large
handlers. The stabilizing effects of the
volume regulations impact small and
large handlers positively by helping
them maintain and expand markets
even though raisin supplies fluctuate
widely from season to season. Likewise,
price stability positively impacts small
and large producers by allowing them to
better anticipate the revenues their
raisins will generate.
There are some reporting,
recordkeeping and other compliance
requirements under the order. The
reporting and recordkeeping
requirements are necessary for
compliance purposes and for
developing statistical data for
maintenance of the program. The
requirements are the same as those
applied in past seasons. Thus, this
action imposes no additional reporting
or recordkeeping requirements on either
small or large raisin handlers. The forms
require information which is readily
available from handler records and
which can be provided without data
processing equipment or trained
statistical staff. The information
collection and recordkeeping
requirements have been previously
approved by the Office of Management
and Budget (OMB) under OMB Control
No. 0581–0178, Vegetable and Specialty
Crops. 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
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information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
In addition, USDA has not identified
any relevant Federal rules that
duplicate, overlap, or conflict with this
rule.
Further, the committee’s meetings
were widely publicized throughout the
raisin industry and all interested
persons were invited to attend the
meetings and participate in the
committee’s deliberations. Like all
committee meetings, the August 13 and
October 6, 2009, meetings were public
meetings and all entities, both large and
small, were able to express their views
on this issue.
Also, the committee has a number of
appointed subcommittees to review
certain issues and make
recommendations to the committee. The
committee’s Reserve Sales and
Marketing Subcommittee met on August
13 and October 6, 2009, and discussed
these issues in detail. Those meetings
were also public meetings, and both
large and small entities were
encouraged to participate and express
their views. Finally, interested persons
are invited to submit comments on this
interim rule, including the regulatory
and informational impacts of this action
on small businesses.
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/
AMSv1.0/ams.fetchTemplateData.do?
template=TemplateN&page=Marketing
OrdersSmallBusinessGuide. Any
questions about the compliance guide
should be sent to Antoinette Carter at
the previously mentioned address in the
FOR FURTHER INFORMATION CONTACT
section.
This rule invites comments on the
establishment of final volume regulation
percentages for the 2009–10 crop year
for NS raisins covered under the order.
Any comments received will be
considered prior to finalization of this
rule.
After consideration of all relevant
material 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.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect, and that good cause
exists for not postponing the effective
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date of this rule until 30 days after
publication in the Federal Register
because: (1) The relevant provisions of
this part require that the percentages
designated herein for the 2009–10 crop
year apply to all NS raisins acquired
during the crop year; (2) handlers are
aware of this action, which was
unanimously recommended at a public
meeting, and need no additional time to
comply with these percentages; and (3)
this interim rule provides a 30-day
comment period, and all comments
timely received will be considered prior
to finalization of this rule. Also, for the
reasons stated above, a 30-day comment
period is deemed appropriate.
List of Subjects in 7 CFR Part 989
Grapes, Marketing agreements,
Raisins, Reporting and recordkeeping
requirements.
■ For the reasons set forth in the
preamble, 7 CFR part 989 is amended to
read as followed:
PART 989—RAISINS PRODUCED
FROM GRAPES GROWN IN
CALIFORNIA
§ 989.257 Final free and reserve
percentages.
(a) The final percentages for the
respective varietal type(s) of raisins
acquired by handlers during the crop
year beginning August 1, which shall be
free tonnage and reserve tonnage,
respectively, are designated as follows:
1. The authority citation for 7 CFR
part 989 continues to read as follows:
Free
percentage
Varietal type
............
............
............
............
............
............
Natural
Natural
Natural
Natural
Natural
Natural
(sun-dried)
(sun-dried)
(sun-dried)
(sun-dried)
(sun-dried)
(sun-dried)
Seedless
Seedless
Seedless
Seedless
Seedless
Seedless
(b) The volume regulation percentages
apply to acquisitions of the varietal type
of raisins for the applicable crop year
until the reserve raisins for that crop are
disposed of under the marketing order.
Dated: April 16, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2010–9241 Filed 4–21–10; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 38
[Docket No. RM05–5–017; Order No.
676–F]
Standards for Business Practices and
Communication Protocols for Public
Utilities
Issued April 15, 2010.
AGENCY: Federal Energy Regulatory
Commission.
ACTION: Final rule.
emcdonald on DSK2BSOYB1PROD with RULES
2. Section 989.257 is revised to read
as follows:
■
■
Crop year
2003–04
2005–06
2006–07
2007–08
2008–09
2009–10
Authority: 7 U.S.C. 601–674.
................................................................................................
................................................................................................
................................................................................................
................................................................................................
................................................................................................
................................................................................................
SUMMARY: The Federal Energy
Regulatory Commission (Commission) is
amending its regulations at 18 CFR 38.2
to incorporate by reference business
practice standards adopted by the
Wholesale Electric Quadrant of the
North American Energy Standards
Board (NAESB) to categorize various
demand response products and services
and to support the measurement and
verification of these products and
services in wholesale electric energy
markets. This rule ensures that
participants in wholesale energy
markets where demand response
products are administered receive
standardized access to information that
will enable them to participate in those
markets and addresses performance
evaluation methods appropriate to use
for demand response products. This rule
facilitates the ability of demand
response providers to participate in
electricity markets, reducing transaction
costs and providing an opportunity for
more customers to participate in these
programs, especially customers that
operate in more than one organized
market. It also provides a foundation for
further business practice
standardization efforts, and participants
in the NAESB process can use these
Reserve
percentage
70
82.50
90
85
87
85
30
17.50
10
15
13
15
standards to identify those elements for
which standardization would be
beneficial. Further, adoption of
measurement and verification standards
will improve the methods and
procedures for measuring accurately the
performance of demand response
resources and assist in monitoring
demand response services for potential
manipulation.
DATES: Effective Date: This rule will
become effective May 24, 2010. Dates
for implementation of the standards are
provided in the Final Rule. This
incorporation by reference of certain
publications in the rule is approved by
the Director of the Federal Register as of
May 24, 2010.
FOR FURTHER INFORMATION CONTACT:
Ryan Irwin (technical issues), Office of
Energy Policy and Innovation, Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
(202) 502–6454.
Gary D. Cohen (legal issues), Office of
the General Counsel, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426,
(202) 502–8321.
SUPPLEMENTARY INFORMATION:
Table of Contents
Paragraph
Nos.
I. Background ............................................................................................................................................................................................
II. Discussion ............................................................................................................................................................................................
A. Overview .......................................................................................................................................................................................
B. NAESB Phase I M&V Standards ..................................................................................................................................................
1. Adoption of NAESB Phase I M&V Standards ......................................................................................................................
2. Clarification of Jurisdictional Concerns ...............................................................................................................................
VerDate Nov<24>2008
15:00 Apr 21, 2010
Jkt 220001
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
E:\FR\FM\22APR1.SGM
22APR1
3.
9.
9.
15.
15.
17.
]]>Agencies
[Federal Register Volume 75, Number 77 (Thursday, April 22, 2010)]
[Rules and Regulations]
[Pages 20897-20901]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9241]
========================================================================
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. 75, No. 77 / Thursday, April 22, 2010 / Rules
and Regulations
[[Page 20897]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 989
[Doc. No. AMS-FV-09-0075 and FV10-989-1 IFR]
Raisins Produced From Grapes Grown in California; Final Free and
Reserve Percentages for 2009-10 Crop Natural (Sun-Dried) Seedless
Raisins
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule establishes final volume regulation percentages for
2009-10 crop Natural (sun-dried) Seedless (NS) raisins covered under
the Federal marketing order for California raisins (order). The order
regulates the handling of raisins produced from grapes grown in
California and is locally administered by the Raisin Administrative
Committee (committee). The volume regulation percentages are 85 percent
free and 15 percent reserve. The percentages are intended to help
stabilize raisin supplies and prices, and strengthen market conditions.
DATES: Effective April 23, 2010. The volume regulation percentages
apply to acquisitions of NS raisins from the 2009-10 crop until the
reserve raisins from that crop are disposed of under the marketing
order. Comments received by May 24, 2010, will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://www.regulations.gov. All comments should reference the document number
and the date and page number of this issue of the Federal Register and
will be made available for public inspection in the Office of the
Docket Clerk during regular business hours, or can be viewed at: https://www.regulations.gov. All comments submitted in response to this rule
will be included in the record and will be made available to the
public. Please be advised that the identity of the individuals or
entities submitting the comments will be made public on the Internet at
the address provided above.
FOR FURTHER INFORMATION CONTACT: Terry Vawter, Senior 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: Terry.Vawter@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Antoinette Carter, 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:
Antoinette.Carter@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 989, both as amended (7 CFR part 989),
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 rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the order provisions now in effect, final free
and reserve percentages may be established for raisins acquired by
handlers during the crop year. This rule establishes final free and
reserve percentages for NS raisins for the 2009-10 crop year, which
began August 1, 2009, and ends July 31, 2010.
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 rule establishes final volume regulation percentages for the
2009-10 crop for NS raisins covered under the order. The volume
regulation percentages are 85 percent free and 15 percent reserve. Free
tonnage raisins may be sold by handlers to any market. Reserve raisins
must be held in a pool for the account of the committee and are
disposed of through various programs authorized under the order. For
example, reserve raisins may be sold by the committee to handlers for
free use or to replace part of the free tonnage raisins they exported;
used in diversion programs; carried over as a hedge against a short
crop; or disposed of in other outlets not competitive with those for
free tonnage raisins, such as government purchase, distilleries, or
animal feed.
The volume regulation percentages are intended to help stabilize
raisin supplies and prices, and strengthen market conditions. The
committee unanimously recommended final percentages for NS raisins on
October 6, 2009.
Computation of Trade Demand
Section 989.54 of the order prescribes procedures and time frames
to be followed in establishing volume regulation. This includes
methodology used to calculate free and reserve percentages. Pursuant to
Sec. 989.54(a) of the order, the committee met on August 13, 2009, to
review shipment and inventory data, and other matters relating to the
supplies of raisins of all varietal types. The committee computed a
trade demand for each varietal type for which a free tonnage percentage
might be recommended. Trade demand is
[[Page 20898]]
computed using a formula specified in the order and, for each varietal
type, is equal to 90 percent of the prior year's shipments of free
tonnage and reserve tonnage raisins sold for free use into all market
outlets, adjusted by subtracting the carry-in on August 1 of the
current crop year, and adding the desirable carryout at the end of that
crop year. As specified in Sec. 989.154(a), the desirable carryout for
NS raisins shall equal the total shipments of free tonnage during
August and September for each of the past 5 crop years, converted to a
natural condition basis, dropping the high and low figures, and
dividing the remaining sum by three, or 60,000 natural condition tons,
whichever is higher. For all other varietal types, the desirable
carryout shall equal the total shipments of free tonnage during August,
September and one-half of October for each of the past 5 crop years,
converted to a natural condition basis, dropping the high and low
figures, and dividing the remaining sum by three. In accordance with
these provisions, the committee computed and announced the 2009-10
trade demand for NS raisins at 234,769 tons as shown below.
Computed Trade Demand Calculation
[Natural condition tons]
------------------------------------------------------------------------
NS raisins
------------------------------------------------------------------------
Prior year's shipments..................................... 335,103
Multiplied by 90 percent................................... 0.90
Adjusted base.............................................. 301,593
Minus carry-in inventory................................... 126,824
------------
Plus desirable carryout.................................... 60,000
============
Computed NS trade Demand................................... 234,769
------------------------------------------------------------------------
Computation of Volume Regulation Percentages
Section 989.54(b) of the order requires that the committee
announce, on or before October 5, preliminary crop estimates and
determine whether volume regulation is warranted for the varietal types
for which it computed a trade demand. That section allows the committee
to extend the October 5 date up to 5 business days if warranted by a
late crop. The 2009 crop harvest was late. If the committee determines
that volume regulation is warranted, it must also compute and announce
preliminary free and reserve percentages. The committee met on October
6, 2009, and announced a 2009-10 crop estimate of 275,000 tons for NS
raisins pursuant to Sec. 989.54(b). NS raisins are the major varietal
type of California raisin. The crop estimate of 275,000 tons is higher
than the computed trade demand of 234,769 tons. Thus, it was determined
that volume regulation for NS raisins was warranted. Preliminary volume
regulation percentages computed to 73 percent free and 27 percent
reserve to release 85 percent of the computed trade demand.
Section 989.54(c) provides that the committee may modify the
preliminary free and reserve percentages prior to February 15 by
announcing interim percentages which release less than the trade
demand. Section 989.54(d) requires the committee to recommend final
percentages no later than February 15 which will tend to release the
full trade demand.
Pursuant to Sec. 989.54(c), at the same meeting on October 6,
2009, the committee announced interim volume regulation percentages for
NS raisins to release less than the full trade demand at 84.75 percent
free and 15.25 percent reserve, and recommended final volume regulation
percentages of 85 percent free and 15 percent reserve pursuant to Sec.
989.54(d). The committee's calculations and determinations to arrive at
final percentages for NS raisins are shown in the table below:
Final Volume Regulation Percentages Calculations
[Natural condition tons]
------------------------------------------------------------------------
NS raisins
------------------------------------------------------------------------
Trade demand............................................... 234,769
Divided by crop estimate................................... 275,000
------------
Equals the free percentage................................. 85
100
Minus free percentage...................................... 85
------------
Equals the reserve percentage.............................. 15
------------------------------------------------------------------------
USDA's ``Guidelines for Fruit, Vegetable, and Specialty Crop
Marketing Orders'' (Guidelines) specify that 110 percent of recent
years' sales should be made available to primary markets each season
for marketing orders utilizing reserve pool authority. This goal is
expected to be exceeded for the 2010 crop year for NS raisins. The
application of a free percentage of 85 percent, combined with release
of reserve raisins to handlers during the crop year and handler carry-
in inventories, is estimated to result in an available supply of
392,485 tons of natural condition NS raisins, which equates to 124
percent of the 2008-09 shipments of 317,718 tons.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS)
has considered the economic impact of this action on small entities.
Accordingly, AMS has prepared this initial 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. Thus, both statutes have small
entity orientation and compatibility.
There are approximately 23 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 are
defined by the Small Business Administration (SBA) (13 CFR 121.201) as
those having annual receipts of less than $7,000,000, and small
agricultural producers as those having annual receipts of less than
$750,000. No more than 7 handlers and a majority of producers of
California raisins may be classified as small entities.
Since 1949, the California raisin industry has operated under a
Federal marketing order. The order contains authority to limit the
portion of a given year's crop that can be marketed freely in any
outlet by raisin handlers. This volume regulation mechanism is used to
stabilize supplies and prices, and to strengthen market conditions. If
the primary market (the normal domestic market) is over-supplied with
raisins, grower prices decline substantially.
Pursuant to Sec. 989.54(d) of the order, this rule establishes
final volume regulation percentages for the 2009-10 crop year for NS
raisins. The volume regulation percentages are 85 percent free and 15
percent reserve. Free tonnage raisins may be sold by handlers to any
market. Reserve raisins must be held in a pool for the account of the
committee and are disposed of through certain programs authorized under
the order. Volume regulation is warranted this season because the crop
estimate of 275,000 tons is significantly higher than the 234,769 ton
trade demand.
The volume regulation procedures have helped the industry address
its marketing problems by keeping supplies in balance with domestic and
export market needs, and strengthening market conditions. The volume
regulation procedures fully supply the domestic and export markets,
provide for market expansion, and help reduce the burden of
oversupplies in the domestic market.
Raisin grapes are a perennial crop, so production in any year is
dependent
[[Page 20899]]
upon plantings made in earlier years. The sun-drying method of
producing raisins involves considerable risk because of variable
weather patterns.
Even though the product and the industry are viewed as mature, the
industry has experienced considerable change over the last several
decades. Before the 1975-76 crop year, more than 50 percent of the
raisins were packed and sold directly to consumers. Now, about 63
percent of the raisins are sold in bulk. This means that raisins are
now sold to consumers mostly as an ingredient in another product such
as cereal and baked goods. In addition, for a few years in the early
1970s, over 50 percent of the raisin grapes were sold fresh to the wine
market for crushing. Since then, the percentage of raisin-variety
grapes sold to the wine industry has decreased.
California's grapes are classified into three groups--table grapes,
wine grapes, and raisin-variety grapes. Raisin-variety grapes are the
most versatile of the three types. They can be marketed as fresh
grapes, crushed for juice in the production of wine or juice
concentrate, or dried into raisins. Annual fluctuations in the fresh
grape, wine, and concentrate markets, as well as weather-related
factors, cause fluctuations in raisin supply. This type of situation
introduces a certain amount of variability into the raisin market.
Although the size of the crop for raisin-variety grapes may be known,
the amount dried for raisins depends on the demands for crushing. This
makes the marketing of raisins a more difficult task. These supply
fluctuations can result in producer price instability and disorderly
market conditions.
Volume regulation is helpful to the raisin industry because it
lessens the impact of such fluctuations and contributes to orderly
marketing. For example, producer prices for NS raisins remained fairly
steady between the 1993-94 through the 1997-98 crop years, although
production varied. As shown in the table below, during those years,
production varied from a low of 272,063 tons in 1996-97 to a high of
387,007 tons in 1993-94.
According to committee data, the total producer return per ton
during those years, which includes proceeds from both free tonnage plus
reserve pool raisins, has varied from a low of $904.60 in 1993-94 to a
high of $1,049.20 in 1996-97. Producer prices for the 1998-99 and 1999-
2000 crop years increased significantly due to back-to-back short crops
during those years. Record large crops followed and producer prices
dropped dramatically for the 2000-01 through 2003-04 crop years, as
inventories grew while demand stagnated. However, as noted below,
producer prices were higher for the 2004-05 through the 2008-09 crop
years. Crop prices fluctuate depending upon variable winery and table
grape demand for raisin variety grapes.
Natural Seedless (Natural Condition) Deliveries, Field Prices and Producer Prices
----------------------------------------------------------------------------------------------------------------
Field prices (per ton) Producer prices (per
Crop year Deliveries (tons) \1\ ton)
----------------------------------------------------------------------------------------------------------------
2008-09.............................. 364,268 $1,310.00 \2\ $1,139.70
2007-08.............................. 329,288 1,210.00 \2\ 1,028.50
2006-07.............................. 282,999 1,210.00 \1\ 1,089.00
2005-06.............................. 319,126 1,210.00 \1\ 998.25
2004-05.............................. 265,262 1,210.00 \3\ 1,210.00
2003-04.............................. 296,864 810.00 567.00
2002-03.............................. 388,010 745.00 491.20
2001-02.............................. 377,328 880.00 650.94
2000-01.............................. 432,616 877.50 603.36
1999-2000............................ 299,910 1,425.00 1,211.25
1998-99.............................. 240,469 1,290.00 \3\ 1,290.00
1997-98.............................. 382,448 1,250.00 946.52
1996-97.............................. 272,063 1,220.00 1,049.20
1995-96.............................. 325,911 1,160.00 1,007.19
1994-95.............................. 378,427 1,160.00 928.27
1993-94.............................. 387,007 1,155.00 904.60
----------------------------------------------------------------------------------------------------------------
\1\ Field prices for NS raisins are established by the Raisin Bargaining Association, and are also referred to
in the industry as the ``free tonnage price'' for raisins.
\2\ Return-to-date, reserve pool still open.
\3\ No volume regulation.
There are essentially two broad markets for raisins--domestic and
export. Domestic shipments generally increased over the years. Although
domestic shipments decreased from a high of 204,805 packed tons during
the 1990-91 crop year to a low of 156,325 packed tons in 1999-2000 crop
year, they increased from 174,117 packed tons during the 2000-01 crop
year to 193,609 packed tons during the 2007-08 crop year and decreased
to 191,929 packed tons during the 2008-09 crop year. Export shipments
ranged from a high of 107,931 packed tons in the 1991-92 crop year to a
low of 91,599 packed tons in the 1999-2000 crop year. Since that time,
export shipments increased to 106,755 tons of raisins during the 2004-
05 crop year, fell to 101,684 tons in 2006-07 crop year, and again
increased to 142,541 tons in 2007-08 crop year. This significant
increase was due to a short crop in Turkey. Export shipments remained
relatively high in 2008-09 at 125,789 tons.
The per capita consumption of raisins has declined from 2.07 pounds
in 1988 to 1.46 pounds in 2007. This decrease is consistent with the
decrease in the per capita consumption of dried fruits in general,
which may be due to the increasing year-round availability of most
types of fresh fruit throughout the year.
While the overall demand for raisins has increased in four of the
last five years (as reflected in increased commercial shipments),
production has been decreasing. Deliveries of NS dried raisins from
producers to handlers reached an all-time high of 432,616 tons in the
2000-01 crop year. This large crop was preceded by two short crop
years; deliveries were 240,469 tons in 1998-99 crop year and 299,910
tons in 1999-2000 crop year. Deliveries for the 2000-01 crop year
soared to a record level because of increased bearing acreage and
yields. Deliveries for the
[[Page 20900]]
2001-02 crop year were at 377,328 tons, 388,010 tons for the 2002-03
crop year, 296,864 tons for the 2003-04 crop year, and 265,262 tons for
the 2004-05 crop year.
After three crop years of high production and a large 2001-02
carry-in inventory, the industry diverted raisin production to other
uses or removed bearing vines. Diversions/removals totaled 38,000 acres
in 2001; 27,000 acres in 2002; and 8,000 acres of vines in 2003. These
actions resulted in declining deliveries of 296,864 tons for the 2003-
04 crop year and 265,262 tons for the 2004-05 crop year. Although
deliveries increased in 2005-06 crop year to 319,126 tons, this may
have been because fewer growers opted to contract with wineries, as
raisin variety grapes crushed in 2005-06 crop year decreased by 161,000
green tons, the equivalent of over 40,000 tons of raisins. In the 2006-
07 crop year, raisin deliveries were again less than 300,000 tons at
282,999 tons and increased to 329,288 tons in 2007-08 crop year. The
2008-09 crop year was considered to be a good crop and the quality of
the crop has a direct bearing on the overall production with 364,268
tons of NS raisins delivered.
Raisins are generally marketed at relatively lower price levels in
the more elastic export market than in the more inelastic domestic
market. This results in a larger volume of raisins being marketed and
enhances producer returns. In addition, this system allows the U.S.
raisin industry to be more competitive in export markets.
The reserve percentage limits provides for raisins that handlers
can market as free tonnage. Based on the 2009-10 crop year estimate of
275,000 tons, the 15 percent reserve would limit the total free tonnage
to 233,750 natural condition tons (.85 x the 275,000 ton crop). Adding
the estimated figure of 41,250 tons of raisins offered to handlers
through the 10 + 10 program to the 233,750 tons of free tonnage, plus
126,824 tons of carry-in inventory, plus the 12,137 tons of 2008-09 NS
reserve pool raisins released in the 2009-10 crop year results in a
total supply of 413,961 tons of natural condition raisins.
With volume regulation, producer prices are expected to be higher
than without volume regulation. This price increase is beneficial to
all producers regardless of size, and enhances producers' total
revenues in comparison to no volume regulation. Establishing a reserve
allows the industry to help stabilize supplies in both domestic and
export markets, while improving returns to producers.
Free and reserve percentages are established by varietal type; and,
generally, established in years when the supply exceeds the trade
demand by a large enough margin that the committee believes volume
regulation is necessary to maintain market stability. Accordingly, in
assessing whether to apply volume regulation or, as an alternative, not
to apply such regulation, the committee determined that volume
regulation is warranted this season for only one of the nine raisin
varietal types defined under the order.
The free and reserve percentages established by this rule release
the full trade demand and apply uniformly to all handlers in the
industry, regardless of size. For NS raisins, with the exception of the
1998-99 and 2004-05 crop years, small and large raisin producers and
handlers have been operating under volume regulation percentages every
year since the 1983-84 crop year. There are no known additional costs
incurred by small handlers that are not incurred by large handlers. The
stabilizing effects of the volume regulations impact small and large
handlers positively by helping them maintain and expand markets even
though raisin supplies fluctuate widely from season to season.
Likewise, price stability positively impacts small and large producers
by allowing them to better anticipate the revenues their raisins will
generate.
There are some reporting, recordkeeping and other compliance
requirements under the order. The reporting and recordkeeping
requirements are necessary for compliance purposes and for developing
statistical data for maintenance of the program. The requirements are
the same as those applied in past seasons. Thus, this action imposes no
additional reporting or recordkeeping requirements on either small or
large raisin handlers. The forms require information which is readily
available from handler records and which can be provided without data
processing equipment or trained statistical staff. The information
collection and recordkeeping requirements have been previously approved
by the Office of Management and Budget (OMB) under OMB Control No.
0581-0178, Vegetable and Specialty Crops. 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.
In addition, USDA has not identified any relevant Federal rules
that duplicate, overlap, or conflict with this rule.
Further, the committee's meetings were widely publicized throughout
the raisin industry and all interested persons were invited to attend
the meetings and participate in the committee's deliberations. Like all
committee meetings, the August 13 and October 6, 2009, meetings were
public meetings and all entities, both large and small, were able to
express their views on this issue.
Also, the committee has a number of appointed subcommittees to
review certain issues and make recommendations to the committee. The
committee's Reserve Sales and Marketing Subcommittee met on August 13
and October 6, 2009, and discussed these issues in detail. Those
meetings were also public meetings, and both large and small entities
were encouraged to participate and express their views. Finally,
interested persons are invited to submit comments on this interim rule,
including the regulatory and informational impacts of this action on
small businesses.
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/AMSv1.0/ams.fetchTemplateData.do?template=TemplateN&page=MarketingOrdersSmallBusinessGuide. Any questions about the compliance guide should be sent to
Antoinette Carter at the previously mentioned address in the FOR
FURTHER INFORMATION CONTACT section.
This rule invites comments on the establishment of final volume
regulation percentages for the 2009-10 crop year for NS raisins covered
under the order. Any comments received will be considered prior to
finalization of this rule.
After consideration of all relevant material 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.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect, and that good cause exists for not postponing the effective
[[Page 20901]]
date of this rule until 30 days after publication in the Federal
Register because: (1) The relevant provisions of this part require that
the percentages designated herein for the 2009-10 crop year apply to
all NS raisins acquired during the crop year; (2) handlers are aware of
this action, which was unanimously recommended at a public meeting, and
need no additional time to comply with these percentages; and (3) this
interim rule provides a 30-day comment period, and all comments timely
received will be considered prior to finalization of this rule. Also,
for the reasons stated above, a 30-day comment period is deemed
appropriate.
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 to
read as followed:
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 989.257 is revised to read as follows:
Sec. 989.257 Final free and reserve percentages.
(a) The final percentages for the respective varietal type(s) of
raisins acquired by handlers during the crop year beginning August 1,
which shall be free tonnage and reserve tonnage, respectively, are
designated as follows:
------------------------------------------------------------------------
Free Reserve
Crop year Varietal type percentage percentage
------------------------------------------------------------------------
2003-04............... Natural (sun- 70 30
dried) Seedless.
2005-06............... Natural (sun- 82.50 17.50
dried) Seedless.
2006-07............... Natural (sun- 90 10
dried) Seedless.
2007-08............... Natural (sun- 85 15
dried) Seedless.
2008-09............... Natural (sun- 87 13
dried) Seedless.
2009-10............... Natural (sun- 85 15
dried) Seedless.
------------------------------------------------------------------------
(b) The volume regulation percentages apply to acquisitions of the
varietal type of raisins for the applicable crop year until the reserve
raisins for that crop are disposed of under the marketing order.
Dated: April 16, 2010.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2010-9241 Filed 4-21-10; 8:45 am]
BILLING CODE 3410-02-P
