[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12403-12406]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5542]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 989
[FV95-989-1IFR]
Raisins Produced From Grapes Grown In California; Final Free and
Reserve Percentages for the 1994-95 Crop Year for Zante Currant and
Other Seedless Raisins
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
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SUMMARY: This interim final rule invites comments on the establishment
of final free and reserve percentages for 1994 crop Zante Currant and
Other Seedless raisins. The percentages are 40 percent free and 60
percent reserve for each of these varietal types. These percentages are
intended to stabilize supplies and prices and to help counter the
destabilizing effects of the burdensome oversupply situation facing the
raisin industry. This rule was recommended by the Raisin Administrative
Committee (Committee), the body which locally administers the marketing
order.
[[Page 12404]] DATES: This interim final rule becomes effective March
7, 1995, and applies to all Zante Currant and Other Seedless raisins
acquired from the beginning of the 1994-95 crop year. Comments which
are received by April 6, 1995 will be considered prior to any
finalization of this interim final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this action. Comments must be sent in triplicate to the
Docket Clerk, Fruit and Vegetable Division, AMS, USDA, room 2525-S,
P.O. Box 96456, Washington, DC 20090-6456, or faxed to 202-720-5698.
Comments should reference the docket 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.
FOR FURTHER INFORMATION CONTACT: Richard 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 Mark A. Slupek,
Marketing Specialist, Marketing Order Administration Branch, Fruit and
Vegetable Division, AMS, USDA, Room 2523-S, P.O. Box 96456, Washington,
DC 20090-6456; telephone: 202-205-2830.
SUPPLEMENTARY INFORMATION: This interim 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 (Department) is issuing this rule in
conformance with Executive Order 12866.
This interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. Under the marketing 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 Zante Currant and
Other Seedless raisins for the 1994-95 crop year, beginning August 1,
1994, through July 31, 1995. This interim 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 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 requesting a modification of the order or to be exempt
therefrom. Such handler is afforded the opportunity for a hearing on
the petition. After the 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/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 the 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 raisin marketing order, and
approximately 4,500 producers in the regulated area. Small agricultural
service firms have been defined by the Small Business Administration
(13 CFR 121.601) as those whose annual receipts are less than
$5,000,000, and small agricultural producers are defined as those
having annual receipts of less than $500,000. A minority of handlers
and a majority of producers of California raisins may be classified as
small entities.
The order prescribes procedures for computing trade demands and
preliminary and final percentages that establish the amount of raisins
that can be marketed throughout the season. The regulations apply to
all handlers of California raisins. Raisins in the free percentage
category may be shipped immediately to any market, while reserve
raisins must be held by handlers in a reserve pool for the account of
the Committee, which is responsible for local administration of the
order. Under the order, reserve raisins may be: Sold at a later date by
the Committee to handlers for free use; used in diversion programs;
exported to authorized countries; carried over as a hedge against a
short crop the following year; or disposed of in other outlets
noncompetitive with those for free tonnage raisins.
While this rule may restrict the amount of Zante Currant and Other
Seedless raisins that enter domestic markets, final free and reserve
percentages are intended to lessen the impact of the oversupply
situation facing the industry and promote stronger marketing
conditions, thus stabilizing prices and supplies and improving grower
returns. In addition to the quantity of raisins released under the
preliminary percentages and the final percentages, the order specifies
methods to make available additional raisins to handlers by requiring
sales of reserve pool raisins for use as free tonnage raisins under
``10 plus 10'' offers, and authorizing sales of reserve raisins under
certain conditions.
The Department's ``Guidelines for Fruit, Vegetable, and Specialty
Crop Marketing Orders'' specifies that 110 percent of recent years'
sales should be made available to primary markets each season before
recommendations for volume regulation are approved. This goal is met by
the establishment of a final percentage which releases 100 percent of
the trade demand and the additional release of reserve raisins to
handlers under ``10 plus 10'' offers. The ``10 plus 10'' offers are two
simultaneous offers of reserve pool raisins which are made available to
handlers each season. For each such offer, a quantity of raisins equal
to 10 percent of the prior year's shipments is made available for free
use.
Pursuant to section 989.54 of the order, the Committee met on
August 15, 1994, 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. The trade demand is 90
percent of the prior year's shipments of free tonnage and reserve
tonnage raisins sold for free use for each varietal type into all
market outlets, adjusted by subtracting the carryin of each varietal
type on August 1 of the current crop year and by adding to the trade
demand the desirable carryout for each varietal type at the end of that
crop year. As specified in section 989.154, the desirable carryout for
each varietal type shall be equal to the shipments of free tonnage
raisins of the prior crop year during the months of August, September,
and one half of October. If [[Page 12405]] the prior year's shipments
are limited because of crop conditions, the total shipments during that
period of time during one of the three years preceding the prior crop
year may be used. In accordance with these provisions, the Committee
computed and announced a 1994-95 trade demand of 787 tons for Other
Seedless raisins.
Section 989.54 of the order also authorizes the Committee to
consider factors which pertain to the marketing of raisins, including
an estimated trade demand which differs from the computed trade demand.
At its August 15, 1994, meeting, the Committee computed a trade demand
of 500 tons for Zante Currants. The Committee, however, determined that
anticipated changes in the market conditions for Zante Currants
warranted an estimated trade demand substantially higher than this.
Entering this season, the California raisin industry was carrying a
very large supply of 1992-93 and 1993-94 crop Zante Currants and
projected a record production in 1994-95. The Committee recommended
actions to help handlers sell their tonnage at prices competitive with
other currant prices in domestic and export markets. Because of these
actions, the Committee believed that the computed trade demand was
insufficient and decided to calculate its percentages based on an
estimated trade demand of 2,200 tons.
When the Committee met on October 5, 1994, the field price for
Zante Currants had been established, but the field price for Other
Seedless raisins had not. Section 989.54(b) of the order requires the
Committee to compute percentages which release 85 percent of the trade
demand for varieties for which field prices have been established and
65 percent for varieties which have not. Thus, when the Committee met
on that date, it computed and announced preliminary crop estimates and
preliminary free and reserve percentages for Zante Currant and Other
Seedless raisins which released 85 percent and 65 percent of the trade
demands, respectively. The preliminary crop estimates and preliminary
free and reserve percentages were as follows: 6,074 tons, 31 percent
free and 69 percent reserve for Zante Currants; and 4,073 tons, 13
percent free and 87 percent reserve for Other Seedless Raisins. The
Committee also authorized the Committee staff to increase the
preliminary percentages to release 85 percent of the trade demands for
varietal types without established field prices when the field prices
were established. For Other Seedless raisins, the preliminary
percentages were adjusted soon thereafter to 16 percent free and 84
percent reserve.
Also at that meeting, the Committee computed and announced
preliminary crop estimates and preliminary free and reserve percentages
for Dipped Seedless, Oleate and Related Seedless, Sultana, Muscat,
Monukka, and Golden Seedless raisins. On January 12, 1995, the
Committee decided that volume control percentages only were warranted
for Zante Currant, Other Seedless, and Natural (sun-dried) Seedless
raisins. The Committee delayed announcing final percentages for Natural
(sun-dried) Seedless raisins until more shipment and production
information was available. It determined that the supplies of the other
varietal types would be less than or close enough to the computed trade
demands for each of these varietals. Thus, volume control percentages
would not be necessary to maintain market stability.
Pursuant to section 989.54(c), the Committee may adopt interim free
and reserve percentages. Interim percentages may release less than the
computed trade demand for each varietal type. Interim percentages for
both Zante Currant and Other Seedless raisins of 39.75 percent free and
60.25 percent reserve were computed and announced on January 12, 1995.
That action released most, but not all, of the computed trade demand
for Zante Currant and Other Seedless raisins.
Under section 989.54(d) of the order, the Committee is required to
recommend to the Secretary, no later than February 15 of each crop
year, final free and reserve percentages which, when applied to the
final production estimate of a varietal type, will tend to release the
full trade demand for any varietal type.
The Committee's estimates, as of January 12, 1995, of 1994-95
production of Zante Currant and Other Seedless raisins are 5,507 and
1,973 tons, respectively. For Zante Currants, dividing the estimated
trade demand of 2,200 tons by the final estimate of production results
in a final free percentage of 40 percent and a final reserve percentage
of 60 percent. For Other Seedless raisins, dividing the computed trade
demand of 787 tons by the final estimate of production results in a
final free percentage of 40 percent and a final reserve percentage of
60 percent.
Based on available information, the Administrator of the AMS has
determined that the issuance of this interim final rule will not have a
significant economic impact on a substantial number of small entities.
After consideration of all relevant information presented,
including the Committee's recommendations and other information, it is
found that this regulation, 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 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 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 1994-95 crop year apply to
all Zante Currant and Other Seedless raisins acquired from the
beginning of that crop year; (2) handlers are currently marketing 1994-
95 crop raisins of the Zante Currant and Other Seedless varietal types
and this action should be taken promptly to achieve the intended
purpose of making the full trade demand available to handlers; (3)
handlers are aware of this action, which was recommended by the
Committee at an open meeting, and need no additional time to comply
with these percentages; and (4) this interim final rule provides a 30-
day period for written comments and all comments received will be
considered prior to finalization of this interim final rule.
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.
2. Section 989.247 is added to Subpart--Supplementary Regulations
to read as follows:
Note: This section will not appear in the annual Code of Federal
Regulations.
Sec. 989.247 Final free and reserve percentages for the 1994-95 crop
year.
The final percentages for Zante Currant and Other Seedless raisins
acquired by handlers during the crop year beginning on August 1, 1994,
which shall be free tonnage and reserve tonnage, respectively, are
designated as follows:
[[Page 12406]]
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Free
Percentage percentage Reserve
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Zante Currant...................................... 40 60
Other Seedless..................................... 40 60
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Dated: March 1, 1995.
Sharon Bomer Lauritsen,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 95-5542 Filed 3-6-95; 8:45 am]
BILLING CODE 3410-02-W