[Federal Register Volume 59, Number 207 (Thursday, October 27, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-26638] Federal Register / Vol. 59, No. 207 / Thursday, October 27, 1994 / [[Page Unknown]] [Federal Register: October 27, 1994] VOL. 59, NO. 207 Thursday, October 27, 1994 DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Docket No. FV94-989-4FR] Raisins Produced From Grapes Grown in California; Temporary Suspension of Certain Reserve Tonnage Pricing Provisions AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule temporarily suspends a sentence in Sec. 989.67(j) of the California raisin marketing order dealing with the pricing of reserve raisins offered to handlers for free use. The industry is faced with a large supply of Zante Currant raisins. The suspension will only apply to 1994-95 reserve Zante Currants so that the value of a portion of the free tonnage inventory held by handlers on July 31, 1994, can be adjusted downward toward current market price levels. This adjustment is necessary to help the industry become price competitive and to aid it in marketing Zante Currants. This action was unanimously recommended by the Raisin Administrative Committee (Committee), which is responsible for local administration of the order. EFFECTIVE DATE: October 27, 1994 through July 31, 1995. FOR FURTHER INFORMATION CONTACT: Richard P. Van Diest, Marketing Specialist, California Marketing Field Office, Fruit and Vegetable Division, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, California 93721; telephone: (209) 487-5901, or FAX (209) 487-5906; or Mark A. Slupek, Marketing Specialist, Marketing Order Administration Branch, F&V, AMS, USDA, Room 2523-S, P.O. Box 96456, Washington, DC 20050-6456; Telephone: (202) 205-2830, or FAX (202) 720-5698. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement and Order No. 989 [7 CFR Part 989] (order), regulating the handling of raisins produced from grapes grown in California. 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 (Department) is issuing this rule in conformance with Executive Order 12866. This rule has been reviewed under Executive Order 12778, Civil Justice Reform. This rule will allow the Committee to implement an inventory price adjustment program for Zante Currents during the 1994- 95 crop year, which began August 1, 1994. This 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 the Secretary 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 a hearing the Secretary 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 in equity to review the Secretary's ruling on the petition, provided a bill in equity is filed not later than 20 days after the date of entry of the ruling. Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Administrator of the Agricultural Marketing Service (AMS) has considered the economic impact of this action on small entities. 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 20 handlers of California raisins who are subject to regulation under the order, and approximately 5,000 producers in the regulated area. Small agricultural service firms have been defined by the Small Business Administration [13 CFR 121.601] as those having annual receipts of less than $5,000,000, and small agricultural producers are defined as those whose annual receipts are less than $500,000. A minority of handlers and a majority of producers of California raisins may be classified as small entities. Under the order, seasonal volume regulations can be established. The free percentages prescribe the portion of the crop that can be shipped at any time to any market. The reserve percentages prescribe the portion of the crop that must be held for delayed shipment. Reserve raisins are held in a reserve pool by handlers for the account of the Committee. Funds generated from the sale of reserve pool raisins are distributed equally to equity holders (growers). This final rule will suspend the penultimate sentence in Sec. 989.67(j) of the order for the 1994-95 crop year. That sentence provides that: ``However, such raisins shall not be sold at a price below that which the committee concludes reflects the average price received by producers for free tonnage of the same varietal type purchased by handlers during the current crop year up to the time of any offer for sale of reserve tonnage by the committee, to which shall be added the costs to the equity holders incurred by the committee on account of receiving, inspecting, storing, fumigating, insuring, and holding of said raisins, and including costs of taxes and interest: Provided, That, where the outlook for the next crop year or other factors have caused a downward trend in the prices received by producers for free tonnage raisins or in the prices received by handlers for free tonnage packed raisins, reserve tonnage may be sold to handlers at the currently prevailing or the approximate computed field price for free tonnage raisins, as determined by the committee.'' Limited volumes of Zante Currants are produced in California. The 1993-94 California production of Zante Currants was 5,643 tons, which is 32 percent larger than the prior four-year average of 4,279 tons. The estimated 1994-95 production is greater than 6,500 tons or over 50 percent more than the 1989-92 four-year average. It is anticipated that the production of Zante Currants will continue to increase in the next one to three years as newly planted acreage begins to produce and/or reach full production. Greece is the major producer of currants, generally representing at least 85 percent of the annual world production of such raisins. In 1992-93, Greek currants were in short supply and prices rose sharply. As a result, the market for California Zante Currants strengthened significantly and the grower price increased to $1,600 from $1,365 per ton the previous season. In 1993-94, the grower price for California Zante Currants was $1,200 per ton. The 1993-94 Greek currant crop was approximately 50,000 tons, of excellent quality, and prices were very competitive with those quoted for California Zante Currants. This resulted in a significant drop in California Zante Currant shipments here and abroad. Currently, the California raisin industry is carrying a very large supply (approximately 4,000 tons) of 1992-93 and 1993-94 crop Zante Currants and projects a record production (approximately 6,500 tons) in 1994-95. The trade is aware of this supply problem and forward purchases from handlers have decreased. Sales are not expected to increase until corrective pricing action is taken by handlers. Before that can begin, however, handlers need assurance that the value of some of their free Zante Currant inventories from the 1992-93 and 1993-94 production years can be reduced to the recently established $980 per ton 1994-95 free tonnage Zante Currant field price, thus reducing their potential losses on existing free raisin inventory. Suspending the penultimate sentence in Sec. 989.67(j) can assure this protection, as it will allow the Committee to sell 1994 crop reserve tonnage to handlers for free use at a lower price than the established field price. The Committee plans to offer handlers one ton of 1994-95 crop Zante Currant reserve raisins at $100 per ton for every four tons of free Zante Currants held by them on July 31, 1994. Purchasing free tonnage 1994-95 crop Zante Currants at $980 per ton and reserve Zante Currants at $100 per ton in accordance with this formula will allow handlers' inventories to achieve an approximate net value of $980 per ton. In the absence of the suspension, these price adjustments could not be accomplished. In the absence of such adjustments, the industry could not compete effectively with foreign-produced currants without substantial losses on the part of packers and producers. Moreover, a significant loss in foreign markets could result. A loss of domestic markets to foreign imports could also result. In recommending its action, the Committee recognized that it would be selling a portion of the reserve raisins at a price well below the cost of producing raisins, and that the net proceeds to equity holders would be quite low. In the absence of this action, open price contracting between producers and handlers on 1994-95 crop Zante Currant deliveries was a possibility because of the excess supplies and inflated value of the inventory. On the basis of the Committee's recommendation, handlers did not use open price contracting but instead in negotiations with the Raisin Bargaining Association (Association) agreed to pay producers the aforementioned $980 per ton price for free tonnage Zante Currants. Without the inventory adjustment program, very low prices for all 1994-95 crop Zante Currants were likely. The Association is a cooperative which bargains sales terms with independent handlers on behalf of its producer members. It is recognized that the effects of this action on individual entities will vary depending on their financial conditions and their equities in the reserve pool. However, the impact is not expected to be significant. In the long term, the benefits of becoming more competitive under current marketing conditions should outweigh any adverse short-term impact and result in benefits to all industry entities. The domestic inventory price adjustment accomplished through this action will permit an overall price reduction for handlers' sales of Zante Currants, enabling the industry to compete more effectively with lower-priced foreign-produced currants, and to more aggressively market Zante Currants in the interest of maintaining and expanding existing domestic and foreign markets and in developing new markets. The net result of this action is likely to be positive as a result of increased marketings of Zante Currants at reduced prices. On the basis of all of the foregoing, the Administrator of the AMS has determined that the issuance of this rule will not have a significant economic impact on a substantial number of small entities. After consideration of all relevant matter presented, including the information and recommendations submitted by the Committee, it is determined that: (1) There has been a change of economic or marketing conditions to warrant the sale of Zante Currant reserve raisins to handlers to provide them with raisins to sell as free tonnage, pursuant to section 989.67(j), and (2) under the conditions presently existing in the raisin industry, the penultimate sentence in section 989.67(j) does not now tend to effectuate the declared policy of the Act and is hereby suspended with regard to Zante Currants pursuant to section 989.91(b). However, such suspension shall continue only through July 31, 1995, at which time it shall terminate and the suspended sentence will become operative again beginning August 1, 1995. Pursuant to 5 U.S.C. 553, it is also found and determined that, upon good cause, 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 date of this action until 30 days after publication in the Federal Register because: (1) Producers and handlers have been conducting their marketing operations on the premise that the value of the 1992-93 and 1993-94 Zante Currants carried into the 1994-95 season would be averaged down to the 1994-95 negotiated free tonnage price; (2) the Committee met on October 5, 1994, and computed and announced preliminary free and reserve tonnage percentages for Zante Currant raisins; (3) prompt implementation of this action is necessary to prevent disruption in the marketplace; and (4) the industry is aware of this action, which was unanimously recommended by the Committee at a public meeting. 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 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: Authority: 7 U.S.C. 601-674. Sec. 989.67 [Suspended in Part] 2. In Sec. 989.67(j) the penultimate sentence is suspended effective October 27, 1994 through July 31, 1995. Dated: October 20, 1994. Patricia Jensen, Acting Assistant Secretary, Marketing and Regulatory Programs. [FR Doc. 94-26638 Filed 10-26-94; 8:45 am] BILLING CODE 3410-02-P