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 Department of Agriculture Commodity Credit Corporation
 AGENCY: Commodity Credit Corporation, USDA.
 ACTION: Notice.
 SUMMARY: The Commodity Credit Corporation (CCC) is issuing this notice to publish the 2008-crop state sugar marketing allotments and company allocations to sugarcane and sugar beet processors, and changes to allotments that have occurred since the establishment of the fiscal year 2009 (FY 2009) overall allotment quantity (OAQ). This applies to all domestic sugar marketed for human consumption in the United States from October 1, 2008 through September 30, 2009. Although CCC already has announced most of the information in this notice through United States Department of Agriculture (USDA) news releases, CCC is required to publish the determinations establishing, adjusting, or suspending sugar marketing allotments.
 FOR FURTHER INFORMATION CONTACT: Barbara Fecso, Dairy and Sweeteners Analysis Group, Economic Policy and Analysis Staff, Farm Service Agency, USDA, 1400 Independence Avenue, SW., STOP 0516, Washington, DC 20250-0516; telephone (202) 720-4146; FAX (202) 690-1480; 
                        *e-mail: barbara.fecso@wdc.usda.gov.*


SUPPLEMENTARY INFORMATION:  Initial FY 2009 State Allotments and Company Allocations On September 30, 2008, CCC announced the distribution of the FY 2009 beet sugar allotment of 4,850,738 short tons, raw value (STRV) (54.35 percent of the OAQ) to sugar beet processors. In addition, CCC announced the distribution to sugarcane processors of the 4,074,262 STRV cane sugar allotment (45.65 percent of the OAQ). CCC also granted Andino Energy Enterprises, L.L.C. (Andino) a FY 2009 cane sugar allocation of 25,266 STRV. This amount represented Andino's expected FY 2009 sugar production based on evidence provided to CCC demonstrating its ability to process, produce, and market 2008-crop raw cane sugar at its St. James Factory. CCC did not reduce allocations at the other Louisiana mills at that time because the FY 2009 raw cane sugar allotment was expected to be considerably larger than the domestic raw cane sugar supply. Instead, CCC filled Andino's allocation need with surplus allotment expected from Hawaii. CCC will determine the permanent allocation level for Andino, and subtract allocation shares, on a pro rata basis, from the Louisiana mills when the time period opens in May for growers to request to transfer allocations. In FY 2004, CCC declared that Puerto Rican processors permanently terminated operations because no sugar had been processed for two complete years. Since Puerto Rico is entitled to an allocation by law, the allocation of 6,356 STRV was reassigned to the mainland sugarcane-producing states. Hawaii was not expected to use all of its current cane sugar allotment. Therefore, Hawaii received none of the Puerto Rican reassignment and CCC reassigned 25,266 tons of Hawaiian allocation to Andino. CCC determined that proportionate shares were not necessary in Louisiana in FY 2009 because the cane sugar sector was not expected to fill its allotment. Additionally, based on the September 2008 World Agricultural Supply and Demand Estimates report (WASDE) indicating a FY 2009 ending stocks-to-use ratio of 4.6 percent, CCC determined that there would be no sugar available to implement provisions of the Feedstock Flexibility Program (FFP) in FY 2009. At this level, the prospect for sugar forfeitures in FY 2009, which triggers FFP, was determined to be very small. First FY 2009 Reassignment of State Allotments and Company Allocations In mid-year, CCC reviewed current inventories, estimated production, expected marketings, and other factors affecting a sugar beet or sugarcane processor's ability to market its full allocation. In a May 19, 2009, news release, CCC announced the reassignment of projected surplus beet sugar and cane sugar marketing allotments and allocations under the FY 2009 Sugar Marketing Allotment program. The reassignment, which transferred allocations from processors with inadequate supply to fulfill their allocations to processors with production in excess of their allocations, was expected to substantially increase the available supplies of domestically produced refined beet sugar. CCC also announced the redistribution of a portion of the American Crystal Sugar Company's allocation to the other sugar beet processors in response to legal proceedings contesting the transfer of sugar marketing allocation from the Pacific Northwest Sugar Company to the American Crystal Sugar Company. The redistribution is considered a “permanent” allotment transfer for future years. The legal proceedings resulted in an 82,425 ton net decrease in American Crystal Sugar's allocation, and a corresponding increase, on a pro-rata basis, to the other sugar beet processors. As part of the domestic sugar program, CCC is required to reassign allocation to raw cane sugar imports if it is determined that processors will be unable to market their allocations and there is no CCC inventory. Data supplied by the processors in May 2009 indicated that the beet sugar sector would be unable to market 198,073 tons of its current sugar marketing allotment, while the raw cane sugar sector would be unable to market 561,510 tons of its sugar marketing allotment. Hence, the allotments were reduced to 4,652,664 tons for beet sugar and 3,512,752 tons for cane sugar, while 759,583 tons were reassigned to raw cane sugar imports already displayed in the WASDE report. It was expected at that time that further reassignments would be likely. FY 2009 OAQ Increase This notice also announces an increase in the FY 2009 OAQ to 9,235,250 million tons, which is 85 percent of the demand estimate published in the August 2009 WASDE report. The latest production forecasts indicate that the beet sugar sector is unable to fill 77,621 tons of its sugar marketing allotment, while the cane sugar sector is 171,417 tons short of filling its sugar marketing allotment. The total surplus allotment of 249,039 tons is reassigned to raw cane sugar imports already included in the WASDE report. CCC is reassigning the surplus allotment to raw sugar imports already expected because no additional raw sugar imports beyond the level already expected are needed at this time. The current 2008-crop beet sugar and cane sugar marketing allotments to date are listed in the following table:
                    ( print page 46560) FY 2009 Overall Beet Sugar and Cane Sugar Allotments and Allocations
Distribution
9/30/2008 Announcement
5/19/2009 Announcement
9/8/2009 AnnouncementInitial
                             allocation
Redistribution of PNW
Reassignments
FY 2009
                             adjustment 
                             5/19/2009
Adjusted OAQ due to change in food use
Reassignments
FY 2009
                             adjustment 
                             9/8/2009short tons, raw valueBeet Sugar
4,850,738
0
−198,073
4,652,664
168,621
−77,621
4,743,664Cane Sugar
4,074,262
0
−561,510
3,512,752
141,629
−171,417
3,482,964Reassignment to Imports
0
0
759,583
759,583
0
249,039
1,008,622Total OAQ
8,925,000
0
0
8,925,000
310,250
0
9,235,250Sugar Beet Processors' Allocations:Amalgamated Sugar Co
1,010,626
27,954
−241,742
796,838
36,103
14,722
847,663American Crystal Sugar Co
1,865,642
−82,425
104,646
1,887,863
62,167
−62,278
1,887,751Michigan Sugar Co
487,479
13,484
127,681
628,643
17,414
9,389
655,446Minn-Dak Farmers Co-op
302,624
8,371
−69,068
241,927
10,811
−15,512
237,226So. Minn Beet Sugar Co-op
637,074
17,621
−99,306
555,389
22,758
−21,550
556,597Western Sugar Co
482,583
13,206
−18,494
477,295
17,056
112
494,462Wyoming Sugar Co
64,710
1,790
−1,790
64,711
2,312
−2,504
64,518Total Beet Sugar
4,850,738
0
−198,073
4,652,664
168,621
−77,621
4,743,664State Cane Sugar Allotments:Florida
2,018,559

−427,364
1,591,196
70,369
−70,369
1,591,196Louisiana
1,586,848

−50,236
1,536,612
54,438
−54,438
1,536,612Texas
175,477

−21,284
154,193
6,117
−6,117
154,193Hawaii
293,378

−62,626
230,752
10,705
−40,493
200,964Total Cane Sugar
4,074,262

−561,510
3,512,752
141,629
−171,417
3,482,964Sugarcane Processors' Allocations:Florida:Florida Crystals
831,094

−195,131
635,963
28,973
−28,973
635,963Growers Co-op. of FL
363,109

−61,292
301,817
12,658
−12,658
301,817U.S. Sugar Corp
824,356

−170,941
653,416
28,738
−28,738
653,416Total
2,018,559

−427,364
1,591,196
70,369
−70,369
1,591,196Louisiana:Alma Plantation
130,959

39,847
170,806
4,565
−4,565
170,806Cajun Sugar Co-op
157,902

−37,601
120,301
5,505
−5,505
120,301Cora-Texas Mfg. Co
171,921

19,644
191,565
5,993
−5,993
191,565Lafourche Sugars Corp
108,896

−12,060
96,837
3,796
−3,796
96,837Louisiana Sugarcane Co-op
120,075

599
120,674
4,186
−4,186
120,674Lula Westfield, LLC
234,165

−8,554
225,611
8,163
−8,163
225,611M.A. Patout & Sons
478,609

−21,951
456,658
16,685
−16,685
456,658St. Mary Sugar Co-op
159,055

−21,895
137,160
5,545
−5,545
137,160Andino Energy
25,266

−8,266
17,000
0
0
17,000Total
1,586,848

−50,236
1,536,612
54,438
−54,438
1,536,612Texas:Rio Grande Valley
175,477

−21,284
154,193
6,117
−6,117
154,193Hawaii:Gay & Robinson, Inc
67,345

−5,594
61,751
2,457
−8,196
56,013( print page 46561)Hawaiian Commercial & Sugar Company
226,033

−57,033
169,000
8,247
−32,296
144,951Total
293,378

−62,626
230,752
10,705
−40,493
200,964
 Signed in Washington, DC on September 2, 2009. Jonathan W. Coppess, Executive Vice President, Commodity Credit Corporation.


[FR Doc. E9-21761 Filed 9-9-09; 8:45 am] BILLING CODE 3410-05-P