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

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REGISTER issue of each week.

Rules and Regulations Federal Register

44269 

Vol. 74, No. 166 

Friday, August 28, 2009 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 989 

[Doc. No. AMS–FV–08–0114; FV09–989–1 

FIR] 

Raisins Produced From Grapes Grown 

in California; Final Free and Reserve 

Percentages for 2008–09 Crop Natural 

(Sun-Dried) 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 that established final volume 

regulation percentages for 2008–09 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 87 percent free and 13 

percent reserve. The percentages are 

intended to help stabilize raisin 

supplies and prices, and strengthen 

market conditions. 

DATES: Effective Date: September 28, 

2009. The volume regulation 

percentages apply to acquisitions of NS 

raisins from the 2008–09 crop until the 

reserve raisins from that crop are 

disposed of under the marketing order. 

FOR FURTHER INFORMATION CONTACT: Rose 

M. Aguayo, Marketing Specialist, or 

Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901; Fax: (559) 487–5906; or E-mail: 

Rose.Aguayo@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237; Washington, 

DC 20250–0237; Telephone: (202) 720– 

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

Jay.Guerber@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’’. 

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 continues in effect 

the action that established final free and 

reserve percentages for NS raisins for 

the 2008–09 crop year, which began 

August 1, 2008, and ends July 31, 2009. 

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 continues in effect the 

action that established final volume 

regulation percentages for 2008–09 crop 

NS raisins covered under the order. The 

volume regulation percentages are 87 

percent free and 13 percent reserve and 

were established through an interim 

final rule published on March 9, 2009 

(74 FR 9951). 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 December 

18, 2008. 

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 

15, 2008, 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 

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 carryin 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 


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44270 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

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 2008–09 trade demand for NS 

raisins at 273,863 tons as shown below. 

COMPUTED TRADE DEMAND

[Natural condition tons] 

NS Raisins 

Prior year’s shipments .......... 355,680 

Multiplied by 90 percent ....... 0 .90 

Equals adjusted base ........... 320,112 

Minus carryin inventory ........ 106,249 

Plus desirable carryout ......... 60,000 

Equals computed NS trade 

demand ............................. 273,863 

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. If the Committee determines 

that volume regulation is warranted, it 

must also compute and announce 

preliminary free and reserve 

percentages. 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. Final 

percentages are established by USDA 

through informal rulemaking. 

The Committee met on October 9, 

2008, and announced a 2008–09 crop 

estimate of 300,000 tons for NS raisins 

pursuant to § 989.54(b). NS raisins are 

the major varietal type of California 

raisin. The crop estimate of 300,000 tons 

was higher than the computed trade 

demand of 273,863 tons. Thus, it was 

determined that volume regulation for 

NS raisins was warranted. Preliminary 

volume regulation percentages 

computed to 78 percent free and 22 

percent reserve to release 85 percent of 

the computed trade demand. 

Pursuant to § 989.54(c), at its 

December 18, 2008, meeting, the 

Committee announced a revised crop 

estimate of 313,231 tons of NS raisins 

(up from the October estimate of 

300,000 tons). The Committee also 

announced interim volume regulation 

percentages for NS raisins to release less 

than the full trade demand at 86.75 

percent free and 13.25 percent reserve 

and recommended final volume 

regulation percentages of 87 percent free 

and 13 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: 

FINAL VOLUME REGULATION

PERCENTAGES

[Natural condition tons] 

NS Raisins 

Trade demand ...................... 273,863 

Divided by crop estimate ...... 313,231 

Equals the free percentage .. 87 .00 

100 minus free percentage 

equals the reserve percentage ............................. 13 .00 

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 was met for NS raisins for the 

2008–09 crop year. Application of the 

final percentages made 305,541 tons of 

raisins available to handlers based on 

actual deliveries of 351,196 tons of 

raisins through May 30, 2009. In 

addition, handlers are offered reserve 

raisins for sale under the ‘‘10 plus 10 

offers.’’ As specified in § 989.54(g), the 

10 plus 10 offers are two offers of 

reserve pool raisins which are made 

available to handlers during each 

season. For each such offer, a quantity 

of reserve raisins equal to 10 percent of 

the prior year’s shipments is made 

available to handlers for free use. 

Handlers may sell their 10 plus 10 

raisins to any market and those who 

export free tonnage raisins may receive 

reserve raisins, (raisin-back) at a 

reduced price, or reserve pool cash 

(cash-back) to blend down the value of 

their exported tonnage. 

Based on 2007–08 NS shipments of 

355,680 natural condition tons, 71,136 

tons should have been made available in 

the 10 plus 10 offers. However, only 

about 45,656 tons (.13 × 351,196 tons) 

of reserve raisins will be available in the 

2008–09 crop year, because of the 

reserve percentage in effect. 

In addition to the 10 plus 10 offers, 

§ 989.67(j) of the order provides 

authority for sales of reserve raisins to 

handlers under certain conditions, such 

as a national emergency, crop failure, 

change in economic or marketing 

conditions, or if free tonnage shipments 

in the current crop year exceed 

shipments during a comparable period 

of the prior crop year. Pursuant to 

§ 989.67(j), 643 tons of 2007–08 reserve 

raisins were sold to handlers in June 

2008 and released to handlers in August 

2008. 

Adding the estimated figure of 45,656 

tons of raisins offered to handlers 

through the 10 plus 10 program (35,568 

and 10,088 tons) to the 305,541 tons of 

free tonnage raisins available through 

applying the volume regulation 

percentages, plus 106,249 tons of 

carryin inventory, plus 643 tons of 

2007–08 reserve raisins sold pursuant to 

§ 989.67(j) and released during the 

2008–09 crop year results in a total 

supply of 458,089 tons of natural 

condition raisins, or 432,935 packed 

tons (.94509 shrink × 458,089 tons). 

This equates to 129 percent of the 2007– 

08 shipments of 355,680 natural 

condition tons or 336,150 packed tons, 

which exceeds the USDA Guidelines 

goal of 110 percent. 

Final 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 final regulatory 

flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 18 handlers 

of California raisins who are subject to 

regulation under the order and 

approximately 3,000 raisin producers in 

the regulated area. Small agricultural 

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 are defined 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, among other things, limit 

the portion of a given year’s crop that 


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Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 44271 

can be marketed freely in any outlet by 

raisin handlers. This volume regulation 

mechanism is used to stabilize supplies 

and prices and strengthen market 

conditions. If the primary market (the 

normal domestic market) is oversupplied with raisins, grower prices 

decline substantially. 

Pursuant to § 989.54(d) of the order, 

this rule establishes final volume 

regulation percentages for the 2008–09 

crop year for NS raisins. The volume 

regulation percentages are 87 percent 

free and 13 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 was warranted 

this season because the crop estimate of 

313,231 tons was significantly higher 

than the 273,863 ton trade demand. As 

mentioned previously, by the week 

ending May 30, 2009, acquisitions were 

at 351,196 tons. 

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 

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 62 percent of 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 1970’s, over 50 

percent of the raisin grapes were sold to 

the wine market for crushing. Since 

then, the percent 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 raisinvariety grapes may be known, the 

amount dried for raisins depends on the 

demand 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 2007–08 crop 

years: 

NATURAL SEEDLESS (NATURAL CONDITION) DELIVERIES, FIELD PRICES AND PRODUCER PRICES

Crop year Deliveries 

(tons) 

Field prices 

(per ton) 1

Producer prices 

(per ton) 

2007–08 ... 329,288 $1,210.00 2 $1,028.50 

2006–07 ... 282,999 1,210.00 1,089.00 

2005–06 ... 319,126 1,210.00 2 998.25 

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 

1Field 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 the 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. Export shipments ranged 

from a high of 107,931 packed tons in 

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 


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44272 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Rules and Regulations 

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. 

The per capita consumption of raisins 

has declined from 2.07 pounds in 1988 

to 1.47 pounds in 2007. This decrease 

is consistent with the decrease in the 

per capita consumption of dried fruits 

in general, which is due to the 

increasing 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 

2001–02 crop year were at 377,328 tons, 

388,010 tons for the 2002–03 crop year, 

296,864 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 carryin 

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 the 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. Deliveries have 

increased for the 2008–09 crop year, and 

were at 351,196 tons for the week 

ending May 30, 2009. 

The order permits the industry to 

exercise volume regulation provisions, 

which allow for the establishment of 

free and reserve percentages, and 

establishment of a reserve pool. One of 

the primary purposes of establishing 

free and reserve percentages is to 

balance supply and demand. If raisin 

markets are over-supplied with product, 

producer prices will decline. 

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 provide 

for raisins that handlers can market as 

free tonnage. Data available as of May 

30, 2009, showed that deliveries of NS 

raisins were at 351,196 tons. The 13 

percent reserve thus provided handlers 

with free tonnage of 305,541 natural 

condition tons (.87 × the 351,196 ton 

crop). 

Adding the estimated figure of 45,656 

tons of raisins offered to handlers 

through the 10 plus 10 program (35,568 

and 10,088 tons) to the 305,541 tons of 

free tonnage raisins available through 

applying the volume regulation 

percentages, plus 106,249 tons of 

carryin inventory, plus 643 tons of 

2007–08 reserve raisins sold pursuant to 

§ 989.67(j) and released during the 

2008–09 crop year results in a total 

supply of 458,089 tons of natural 

condition raisins, or 432,935 packed 

tons (.94509 shrink × 458,089 tons). 

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 usually 

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, it was 

determined that volume regulation was 

warranted for the 2008–09 season for 

only one of the nine raisin varietal types 

defined under the order. 

The free and reserve percentages 

continue in effect, the release of the full 

trade demand for Natural Seedless 

raisins 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. While the level of 

benefits of this rulemaking are difficult 

to quantify, 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. 

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. 

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. In addition, as noted in 

the initial regulatory flexibility analysis, 

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 15, 

2008, October 9, 2008, and December 

18, 2008, 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 

15, 2008, October 9, 2008, and 


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December 18, 2008, and discussed these 

issues in detail. Those meetings were 

also public meetings and both large and 

small entities were able to participate 

and express their views. 

An interim final rule concerning this 

action was published in the Federal 

Register on March 9, 2009. Copies of the 

rule were mailed by the Committee’s 

staff to all Committee members and 

alternates, 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 a 60-day comment period 

which ended May 8, 2009. No 

comments were received during the 

comment period. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

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

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=

MarketingOrdersSmallBusinessGuide. 

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 

Committee’s recommendation and other 

information, it is found that finalizing 

the interim final rule, without change, 

as published in the Federal Register (74 

FR 9951, March 9, 2009) 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 74 FR 9951 on March 9, 

2009, is adopted as a final rule without 

change. 

Dated: August 24, 2009. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–20766 Filed 8–27–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF ENERGY 

10 CFR Parts 600 and 1024 

RIN 1991–AB77 

Assistance Regulations 

AGENCY: Department of Energy. 

ACTION: Final rule. 

SUMMARY: The Department of Energy 

(DOE) amends its Financial Assistance 

Regulations to update, streamline, and 

simplify the general rules. DOE also 

removes regulations governing the DOE 

Financial Assistance Appeals Board. 

DATES: This rulemaking is effective 

September 28, 2009. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jacqueline Kniskern, Office of 

Procurement and Assistance Policy, 

U.S. Department of Energy, at 202–287– 

1342, or by e-mail at 

jacqueline.kniskern@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Procedural Requirements 

A. Review Under Executive Order 12866 

B. Review Under the Regulatory Flexibility 

Act of 1980 

C. Review Under the Paperwork Reduction 

Act of 1980 

D. Review Under the National 

Environmental Policy Act 

E. Review Under Executive Order 13132 

F. Review Under Executive Order 12988 

G. Review Under the Unfunded Mandates 

Reform Act of 1995 

H. Review Under the Treasury and General 

Government Appropriations Act, 1999 

I. Review Under the Treasury and General 

Government Appropriations Act, 2001 

J. Review Under Executive Order 13211 

K. Approval by the Office of the Secretary 

of Energy 

I. Background 

DOE has been actively engaged in the 

government-wide effort to streamline 

and simplify the application, 

administrative and reporting procedures 

for Federal financial assistance 

programs pursuant to the Federal 

Financial Assistance Management 

Improvement Act of 1999, Public Law 

106–107. 

As part of this initiative, DOE has 

solicited comments and suggestions 

from the grant community and made 

changes to its assistance regulations. In 

particular, the DOE added to 10 CFR 

part 600 Subpart D, Administrative 

Requirements for Grants and 

Cooperative Agreements with For-Profit 

Organizations, in a rule published in the 

Federal Register at 68 FR 50645 on 

August 21, 2003. 

DOE has also incorporated policy 

directives issued by the Office of 

Management and Budget (OMB) that 

established a standard format for 

Federal agency announcements of 

funding opportunities under programs 

that award discretionary grants or 

cooperative agreements, established 

standard data elements for 

electronically posting synopses of 

Federal agencies’ announcements of 

funding opportunities, and required 

Federal agencies to post synopses of 

their discretionary grant and 

cooperative agreement funding 

opportunity announcements on the 

Grants.gov Web site, http:// 

www.Grants.gov. The final rule 

incorporating these policy directives 

was published in the Federal Register at 

69 FR 7865 on February 20, 2004. In 

addition, DOE developed a standard 

format for its funding opportunity 

announcements and revised systems to 

comply with the new posting 

requirements. 

On May 16, 2008, a Notice of 

Proposed Rulemaking (NOPR) was 

published in the Federal Register (73 

FR 28385) that detailed changes to 

update, streamline and simplify the 

general rules in 10 CFR 600, Subpart A 

of its Financial Assistance Rules. The 

NOPR also proposed to remove the 

regulations at 10 CFR part 1024 

governing the DOE Financial Assistance 

Appeals Board. This Board was 

abolished when DOE’s Energy Board of 

Contract Appeals was merged into the 

Civilian Board of Contract Appeals as 

required by Section 847 of the National 

Defense Authorization Act for Fiscal 

Year 2006, Public Law 109–163. 

DOE received no comments from 

members of the public in response to 

the NOPR. Nevertheless, DOE made the 

following technical changes to the text 

of the rule. 

1. Section 600.5(d) is revised to add 

a reference to Section 600.352 after 

600.162 and 600.243. 

2. Section 600.7(c) is revised to show 

the referenced Sections to be 600.144, 

60.236 and 600.331. 

3. Section 600.25(a)(2) is revised to 

correct the modifying ‘‘An’’ to ‘‘A’’. 

II. Procedural Requirements 

A. Review Under Executive Order 12866 

This regulatory action has been 

determined not to be ‘‘a significant 

regulatory action’’ under Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ (58 FR 51735, October 4, 

1993). Accordingly, this action is not 

subject to review under that Executive 

Order by the Office of Information and 

Regulatory Affairs (OIRA) of the Office 

of Management and Budget (OMB). 

B. Review Under Regulatory Flexibility 

Act of 1980 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires preparation 

of an initial regulatory flexibility 

analysis for any rule that by law must 

be proposed for public comment, unless 

the agency certifies that the rule, if 

promulgated, will not have a significant 


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