57822 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

information and recommendation 

submitted by the Board and other 

available information, it is hereby found 

that finalizing the interim final rule, 

without change, as published in the 

Federal Register, will tend to effectuate 

the declared policy of the Act.

List of Subjects in 7 CFR Part 981 

Almonds, Marketing agreements, 

Nuts, Reporting and recordkeeping 

requirements.

PART 981—ALMONDS GROWN IN 

CALIFORNIA

■ Accordingly, the interim final rule 

amending 7 CFR part 981, which was 

published at 69 FR 40534 on July 6, 2004, 

is adopted as a final rule without change.

Dated: September 22, 2004. 

Kenneth C. Clayton, 

Associate Administrator, Agricultural 

Marketing Service.

[FR Doc. 04–21628 Filed 9–27–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 989 

[Docket No. FV04–989–3 FIR] 

Raisins Produced From Grapes Grown 

in California; Change to Reporting 

Requirements Regarding Other 

Seedless Raisins

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule changing the reporting 

requirements regarding Other Seedless 

(OS) raisins under the Federal 

marketing order for California raisins 

(order). The order regulates the handling 

of raisins produced from grapes grown 

in California and is administered locally 

by the Raisin Administrative Committee 

(RAC). The order provides authority for 

volume and quality regulations and 

reporting requirements by varietal type 

of raisin. The OS varietal type includes 

raisins produced from Flame Seedless 

(Flames) and other red grapes. This rule 

requires handlers to report to the RAC 

information on acquisitions, shipments, 

inventories, and inter-handler transfers 

of the different types of OS raisins, 

including Flames. The RAC will 

evaluate this data to determine whether 

segregating Flames into a separate 

varietal type is warranted.

DATES: Effective October 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Maureen T. Pello, Senior Marketing 

Specialist, California Marketing Field 

Office, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 2202 Monterey Street, 

suite 102B, Fresno, California 93721; 

telephone: (559) 487–5901, Fax: (559) 

487–5906; or George Kelhart, Technical 

Advisor, 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. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This 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 

marketing agreement and order are 

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. This rule is not intended to 

have retroactive effect. 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 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. Such 

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 continues in effect revisions 

to the reporting requirements regarding 

OS raisins under the order. The order 

provides authority for volume and 

quality regulations and reporting 

requirements by varietal type of raisin. 

The OS varietal type includes raisins 

produced from Flames and other red 

grapes. This rule continues to require 

handlers to report to the RAC 

information on acquisitions, shipments, 

inventories, and inter-handler transfers 

of the different types of OS raisins, 

including Flames. The RAC will 

evaluate this data to determine whether 

segregating Flames into a separate 

varietal type is warranted. This action 

was unanimously recommended by the 

RAC at a meeting on April 13, 2004. 

Section 989.73 of the order provides 

authority for the RAC to collect reports 

from handlers. Paragraph (d) of that 

section provides that, upon request of 

the RAC, with approval by the 

Secretary, handlers shall furnish to the 

RAC other information as may be 

necessary to enable it to exercise its 

powers and perform its duties. The RAC 

meets routinely to make decisions on 

various programs authorized under the 

order such as volume regulation and 

quality control. The RAC utilizes 

information collected under the order in 

its decisionmaking. Section 989.173 of 

the order’s administrative rules and 

regulations specifies certain reports that 

handlers are currently required to 

submit to the RAC. 

Many of the reports submitted by 

handlers under the order require 

information to be segregated by varietal 

type of raisin. Section 989.10 defines 

varietal type to mean raisins generally 

recognized as possessing characteristics 

differing from other raisins in a degree 

sufficient enough to warrant separate 

identification and classification. Section 

989.110 of the order’s administrative 

rules and regulations contains a list and 

description of the nine varietal types 

currently segregated under the order. 

One of these varietal types, OS 

raisins, includes raisins produced from 

Flames and other similar seedless red 

grapes. There has been some discussion 

in recent years regarding whether 

Flames should be segregated into a 

separate varietal type. Between the 

1995–96 and 2000–01 crop years, 

volume regulation had not been 

implemented for OS raisins, and 

handlers were able to market all of the 

OS raisins they acquired. During this 

Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 57823

period, some handlers had expanded 

their market for Flames. When volume 

regulation was in effect for OS raisins 

for the 2001–02 crop year, some Flame 

handlers had difficulty meeting their 

market needs. 

Thus, the RAC recommended revising 

the order’s regulations to require 

handlers to report data on acquisitions, 

shipments (dispositions), inventories, 

and inter-handler transfers of Flames 

and other OS raisins to the RAC 

beginning with the 2004–05 crop year, 

which started on August 1, 2004. The 

RAC will review this information and 

determine whether segregating Flames 

into a separate varietal type is 

warranted. A separate varietal type 

would allow the RAC to consider the 

application of the order’s volume 

regulation provisions for Flames 

separate from the other types of OS 

raisins. Accordingly, paragraphs (a) 

(inventory), (b) (acquisitions), (c) 

dispositions, and (d) inter-handler 

transfers in § 989.173 continue to be 

revised. Paragraph (g) in § 989.173 

regarding similar reports for organic 

raisins also continues to be revised. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

final regulatory flexibility analysis.

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 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 4,500 raisin producers in 

the regulated area. Small agricultural 

firms are defined by the Small Business 

Administration (13 CFR 121.201) as 

those having annual receipts of less than 

$5,000,000, and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

Thirteen of the 20 handlers subject to 

regulation have annual sales estimated 

to be at least $5,000,000, and the 

remaining 7 handlers have sales less 

than $5,000,000. No more than 7 

handlers, and a majority of producers, of 

California raisins may be classified as 

small entities. 

This rule continues to revise 

§ 989.173 to require handlers to report 

acquisitions, shipments, inventories, 

and inter-handler transfers of the 

different types of raisins within the OS 

varietal type. This action is needed so 

that the RAC can collect accurate data 

on Flames, a particular type of OS 

raisin, and evaluate this information to 

determine whether Flames should be 

segregated into a separate varietal type 

under the order. This would permit the 

RAC to consider application of the 

order’s volume regulation provisions to 

Flames separate from the other types of 

OS raisins. Authority for this action is 

provided in § 989.73 of the order. 

Regarding the impact of this action on 

affected entities, this action imposes no 

measurable burden on OS raisin 

handlers. OS handlers will be required 

to separate out different types of OS 

raisins on reports that they are already 

submitting to the RAC. Most handlers 

have been doing this voluntarily in 

recent years. This action has no impact 

on raisin producers. 

The RAC considered alternatives to 

the recommended action. The RAC 

formed a work group to review the 

concerns raised by Flame handlers. One 

alternative considered was to proceed 

with informal rulemaking to establish a 

separate varietal type for Flames. 

Another alternative considered was to 

try to have all handlers voluntarily 

separate Flames from the other OS 

raisins on certain reports. After much 

discussion, the work group determined 

that the best course of action would be 

to collect data on Flames, evaluate the 

data, and then determine whether 

segregating Flames into a separate 

varietal type was warranted. 

This rule continues to slightly modify 

the reporting requirements on small and 

large raisin handlers. All raisin handlers 

are required to submit various reports to 

the RAC where the data collected are 

segregated by varietal type of raisin. 

These reports include:

Form Nos. Form 

RAC–1 .................................. Weekly Report of Standard Raisin Acquisitions. 

RAC–3 .................................. Weekly Report of Standard Raisins Received for Memorandum Receipt or Warehousing. 

RAC–20 ................................ Monthly Report of Free Tonnage Raisin Disposition. 

RAC–30 ................................ Weekly Off-Grade Summary. 

RAC–50 ................................ Inventory of Free Tonnage Standard Quality Raisins on Hand. 

RAC–51 ................................ Inventory of Off-Grade Raisins on Hand. 

RAC–1 CO ........................... Weekly Report of Organic Raisin Acquisitions. 

RAC–20 CO ......................... Monthly Report of Free Tonnage Organic Raisin Disposition. 

RAC–50 CO ......................... Inventory of Free Tonnage Standard Quality Organic Raisins on Hand. 

RAC–51 CO ......................... Inventory of Off-Grade Raisins on Hand. 

This rule continues to require that an 

extra line item be added to these 10 

forms so that handlers can separate out 

Flames from the other types of OS 

raisins. Handlers will also continue to 

be required to indicate the type of OS 

raisin on the Inter-Handler Transfers of 

Free Tonnage Raisins (RAC–6), the 

Monthly Free Tonnage Exports by 

Country of Destination (RAC–21), and 

the Monthly Free Organic Tonnage 

Exports by Country of Destination 

(RAC–21 CO); no change to these forms 

is needed. The current total annual 

burden for all 13 of these forms is 

873.48 hours. This rule will not add to 

this burden on handlers. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

requirements referenced above have 

been 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. Finally, USDA has not 

identified any relevant Federal rules 

that duplicate, overlap or conflict with 

this rule. 

Further, the RAC’s work group 

meetings on February 12 and March 4, 

2004, the Administrative Issues 

Subcommittee and RAC meetings on 

April 13, 2004, and the RAC’s Executive 

Committee meeting on May 4, 2004, 

where this action was deliberated were 

all public meetings widely publicized 

throughout the raisin industry. All 

57824 Federal Register / Vol. 69, No. 187 / Tuesday, September 28, 2004 / Rules and Regulations 

interested persons were invited to 

attend the meetings and participate in 

the industry’s deliberations.

An interim final rule concerning this 

action was published in the Federal 

Register on July 9, 2004. Copies of the 

rule were mailed by RAC staff to all 

RAC members and raisin handlers. In 

addition, the rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. That rule 

provided for a 60-day comment period 

which ended September 7, 2004. No 

comments were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the RAC and other 

available information, it is hereby found 

that finalizing the interim rule, without 

change, as published in the Federal 

Register (69 FR 41385, July 9, 2004) will 

tend to effectuate the declared policy of 

the Act.

List of Subjects in 7 CFR Part 989 

Grapes, Marketing agreements, 

Raisins, Reporting and recordkeeping 

requirements.

PART 989—RAISINS PRODUCED 

FROM GRAPES GROWN IN 

CALIFORNIA

■ Accordingly, the interim final rule 

amending 7 CFR part 989 which was 

published at 69 FR 41385 on July 9, 2004, 

is adopted as a final rule without change.

Dated: September 22, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–21629 Filed 9–27–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 993 

[Docket No. FV04–993–2 FR] 

Dried Prunes Produced in California; 

Increased Assessment Rate

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: This rule increases the 

assessment rate established for the 

Prune Marketing Committee 

(committee) under Marketing Order No. 

993 for the 2004–05 and subsequent 

crop years from $2.00 to $4.00 per ton 

of salable dried prunes. The committee 

locally administers the marketing order 

which regulates the handling of dried 

prunes grown in California. 

Authorization to assess dried prune 

handlers enables the committee to incur 

expenses that are reasonable and 

necessary to administer the program. 

The committee recommended a higher 

assessment rate because the 2004–05 

crop is expected to be very small and a 

higher assessment rate is needed to 

generate sufficient funds to meet 

program expenses. The crop year begins 

August 1 and ends July 31. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated.

DATES: Effective September 29, 2004.

FOR FURTHER INFORMATION CONTACT: Toni 

Sasselli, Program Analyst, or Terry 

Vawter, Marketing Specialist, California 

Marketing Field Office, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey Street, suite 102B, Fresno, 

California 93721; telephone: (559) 487–

5901; Fax (559) 487–5906; or George 

Kelhart, Technical Advisor, 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. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; telephone: (202) 720–

2491, Fax: (202) 720–8938, or e-mail: 

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 993, both as amended (7 

CFR part 993), regulating the handling 

of dried prunes grown in California, 

hereinafter referred to as the ‘‘order.’’

The marketing agreement and order are 

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 marketing order now 

in effect, California dried prune 

handlers are subject to assessments. 

Funds to administer the order are 

derived from such assessments. It is 

intended that the assessment rate as 

issued herein will be applicable to all 

assessable dried prunes beginning on 

August 1, 2004, and continue until 

amended, suspended, or terminated. 

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 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. Such 

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 increases the assessment 

rate established for the committee for 

the 2004–05 and subsequent crop years 

from $2.00 to $4.00 per ton of salable 

dried prunes. 

The California dried prune marketing 

order provides authority for the 

committee, with the approval of USDA, 

to formulate an annual budget of 

expenses and collect assessments from 

handlers to administer the program. The 

members of the committee are 

producers and handlers of California 

dried prunes. They are familiar with the 

committee’s needs and with the costs 

for goods and services in their local area 

and, thus, are in a position to formulate 

an appropriate budget and assessment 

rate. The assessment rate is formulated 

and discussed in a public meeting. 

Therefore, all directly affected persons 

have an opportunity to participate and 

provide input. 

For the 2003–04 and subsequent crop 

years, the committee recommended, and 

USDA approved, an assessment rate that 

would continue in effect from crop year 

to crop year unless modified, 

suspended, or terminated by USDA 

upon recommendation and information 

submitted by the committee or other 

information available to USDA.