29942 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

§ 400.47 Denial of crop insurance.

(a) * * *

(2) The application and policy of

insurance will be voided, or the person

will be removed from the policy and the

policyholder share reduced in

accordance with 7 CFR 400.681(b),

when any person becomes ineligible for

crop insurance under the provisions of

paragraph (a) of this section. To obtain

crop insurance coverage following the

period of ineligibility, the person must

submit a new application for crop

insurance.

* * * * *

Signed in Washington D.C., on April 11,

2000.

Kenneth D. Ackerman,

Manage, Federal Crop Insurance Corporation.

[FR Doc. 00–9598 Filed 5–9–00; 8:45 am]

BILLING CODE 3410–08–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 959

[Docket No. FV00–959–2 FIR]

Onions Grown in South Texas; Change

in Container Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, without change, the

provisions of an interim final rule

revising the container requirements for

shipping onions to fresh processors

under the South Texas onion marketing

order. The marketing order regulates the

handling of onions grown in South

Texas and is administered locally by the

South Texas Onion Committee

(Committee). This rule continues to

provide handlers additional marketing

flexibility by allowing them to ship

onions for peeling, chopping, and

slicing in bulk trailer loads, 48-inch

deep bulk bins, and tote bags. These

changes allow the South Texas onion

industry to better meet the needs of

fresh processors and allow the industry

to compete with other suppliers of

onions for fresh processing.

EFFECTIVE DATE: June 9, 2000.

FOR FURTHER INFORMATION CONTACT:

Belinda G. Garza, Regional Manager,

McAllen Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, 1313 E. Hackberry,

McAllen, TX 78501; telephone: (956)

682–2833, Fax: (956) 682–5942; or

George Kelhart, Technical Advisor,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, P.O. Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 143 and Order No. 959, both as

amended (7 CFR part 959), regulating

the handling of onions grown in South

Texas, 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 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 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 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 or her principal

place of business, has jurisdiction to

review the Secretary’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 to revise the

container requirements for onion

shipments for peeling, chopping, and

slicing prescribed under the South

Texas onion marketing order. Handlers

are allowed to ship onions for peeling,

chopping, and slicing in bulk trailer

loads, 48-inch deep bulk bins, and tote

bags. Previously, onions for these

purposes could only be shipped in 47

inch by 371⁄2 inch by 36 inch deep bulk

bins, having a volume of 63,450 cubic

inches (hereinafter referred to as the

‘‘36-inch deep bulk bin’’), or containers

deemed similar by the Committee. A

dimension tolerance for the bulk

containers was also added. All handlers

shipping onions for peeling, chopping,

and slicing will continue to be required

to meet grade, size, inspection, and

safeguard requirements. The additional

method of shipment and containers

allows the South Texas onion industry

to better meet the needs of fresh

processors and allows the industry to

compete with other suppliers of onions

for fresh processing.

These changes were first unanimously

recommended by the Committee at its

meeting on September 16, 1999. At that

meeting, the Chairman appointed a

subcommittee to review the

Committee’s recommendations. On

October 19, 1999, the Committee met

again and unanimously approved the

subcommittee’s recommendations

detailed herein.

Section 959.52 of the South Texas

onion marketing order authorizes the

establishment of grade, size, quality,

maturity, and pack and container

regulations for shipments of onions.

Section 959.52(c) allows for the

modification, suspension, or

termination of such regulations when

warranted. Section 959.53 authorizes

changes to the order’s regulations to

facilitate the handling of onions for

relief, charity, experimental purposes,

export, or other purposes recommended

by the Committee and approved by the

Secretary. Section 959.54 of the order

provides authority for the Committee to

establish that onions handled for special

purposes are handled only as

authorized. Section 959.60 provides that

whenever onions are regulated pursuant

to § 959.52, such onions must be

inspected by the inspection service and

certified as meeting the applicable

requirements. Section 959.80 of the

order authorizes handler reporting

requirements.

Section 959.322(f) of the order’s rules

and regulations provides specific

safeguards for certain special purpose

shipments of onions. Furthermore,

paragraph (f)(3) of § 959.322 provides

authority for the shipment of onions for

fresh peeling, chopping, and slicing in

36-inch deep bulk bins, or containers

deemed similar by the Committee. Such

shipments are exempt from the

container requirements specified in

paragraph (c) of § 959.322, but are

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29943

required to be handled in accordance

with the safeguard provisions of

§ 959.54, and meet the grade

requirements in paragraph (a), the size

requirements in paragraph (b), the

inspection requirements in paragraph

(d), and the safeguard requirements in

paragraph (g) of § 959.322.

Previously, § 959.322(f)(3) allowed

onion shipments for peeling, chopping,

and slicing in 36-inch deep bulk bins,

or containers deemed similar by the

Committee. The Committee

recommended that shipments of onions

to these outlets be authorized in bulk

trailer loads, 48-inch deep bulk bins

(with the same length and width

dimensions as the 36-inch deep bulk

bin), and tote bags, and that the

provisions on containers deemed

similar be removed because it had

caused confusion in the industry. In its

place, the Committee recommended

implementation of a dimension

tolerance.

The market for onions for fresh

processing uses has grown dramatically

in the last five years. The food service

industry is the fastest growing market

for onions in the United States.

Consumption of onions has increased,

especially for onions used in

restaurants, salad bars, and cafeterias in

fresh peeled, chopped, or sliced form.

Fresh process is an increasingly

important market for the domestic onion

industry, and is expected to continue

growing.

Buyers of onions for fresh processing

continually demand flexibility in

container availability, and the

Committee is always looking for ways to

strengthen and expand the market for

South Texas onions. The Committee

believes that South Texas may enhance

its ability to take full advantage of

available marketing opportunities for

fresh peeling, chopping, and slicing

onions with the more flexible shipping

container requirements. The more

flexible containers and method of

shipment allow the South Texas onion

industry to better meet the needs of

fresh processors and allow the industry

to better compete with other suppliers

of onions for fresh processing. The

changes will open new markets for

South Texas and help the industry

increase its fresh processed onion

market share. The Committee estimates

that these changes will help the

industry double shipments into these

outlets.

Because the demand for fresh

processed onions is increasing and

Texas has not been able to market more

of its crop in the conveyances and

containers the trade desires, the trade

has been going to other competing areas,

that are not restricted by regulations,

leaving Texas at a disadvantage. Other

onion-growing areas can ship onions in

bulk loads for peeling, chopping, and

slicing purposes, but the South Texas

onion industry could not do so because

the regulations restricted shipments to

36-inch deep bulk bins. Competition

from other onion production areas

demands that the South Texas onion

industry be able to quickly respond to

buyer demands for other types of

shipments. Also, other onion producing

areas not bound by restrictions have the

flexibility to ship fresh processing

onions as needed by buyers. The added

flexibility of these changes allows

handlers to meet the competition from

other areas and better meet buyer’s

needs.

The Committee also recommended

adding tightly-woven mesh plastic tote

bags 36 inches by 36 inches by 66

inches long with a capacity of

approximately 2,000 pounds of onions

for shipment to fresh processors. These

tote bags are returnable and have four

handles that are placed to fit forklifts.

Ties are attached to each end of the bags

and the onions are dumped by

unfastening the bottom tie. Use of these

bags helps speed up the unloading

process, saving time and money for the

fresh processors.

The total volume specification of

63,450 cubic inches for the 36-inch bulk

bin previously included in the

regulation did not allow any flexibility

in the dimension of the container and

the phrase ‘‘or containers deemed

similar by the committee’’ lacked

specificity and resulted in confusion.

The Committee believed that a more

precise tolerance was needed so that

there was no room for misinterpretation

by the industry. The Committee,

therefore, recommended removing the

phrase ‘‘and having a volume of 63,450

cubic inches, or containers deemed

similar by the committee’’ and adding in

its place provisions establishing a

dimension tolerance of 2 inches for each

dimension on all bulk containers used

for shipping onions for peeling,

chopping, and slicing. The 2-inch

tolerance for each dimension on all bulk

containers allows handlers to pack

onions for peeling, chopping, and

slicing in containers with dimensions

slightly different from the sizes

specified in the regulation. Identifying a

specific dimension tolerance in the

regulation prevents misunderstandings,

and provides handlers packing

flexibility. The addition of the container

dimension tolerance recognizes the

difficulty in producing containers with

precise measurements all of the time.

The Committee recommended that the

regulation specify that only 3-inch and

larger onions be shipped for these

purposes because smaller onions cannot

be processed efficiently using available

machinery. However, the provisions

under which this action was being

implemented did not authorize the

establishment of a minimum size

different than the 1-inch minimum

currently in place for all shipments.

Therefore, this recommendation was not

implemented. Lastly, minor changes

were made to the handling regulation

for clarity.

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 the 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 80 producers

of South Texas onions in the production

area and 37 handlers subject to

regulation under the marketing order.

Small agricultural producers have been

defined by the Small Business

Administration (SBA) (13 CFR 121.201)

as those having annual receipts less

than $500,000, and small agricultural

service firms are defined as those whose

annual receipts are less than $5,000,000.

Most of the handlers in South Texas

are vertically integrated corporations

involved in producing, shipping, and

marketing onions. For the 1998–99

marketing year, onions produced in the

production area were shipped by the

industry’s 37 handlers with the average

and median volume handled being

147,669 and 102,478 fifty-pound bag

equivalents, respectively. In terms of

production value, total revenues from

the 37 handlers were estimated to be

$43.7 million, with average and median

revenues being $1.1 million, and

$820,000, respectively.

The South Texas onion industry is

characterized by producers and

handlers whose farming operations

generally involve more than one

commodity, and whose income from

farming operations is not exclusively

dependent on the production of onions.

Alternative crops provide an

opportunity to utilize many of the same

29944 Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations

facilities and equipment not in use

when the onion production season is

complete. For this reason, typical onion

producers and handlers either produce

multiple crops or alternate crops within

a single year.

Based on the SBA’s definition of

small entities, the Committee estimates

that all the 37 handlers regulated by the

order would be considered small

entities if only their spring onion

revenues are considered. However,

revenues from other productive

enterprises would likely push a large

number of these handlers above the

$5,000,000 annual receipt threshold. All

of the 80 producers may be classified as

small entities based on the SBA

definition if only their revenue from

spring onions is considered. When

revenues from all sources are

considered, a majority of the producers

would not be considered small entities

because receipts would exceed

$500,000.

This rule continues to revise the

container requirements for onion

shipments for peeling, chopping, and

slicing prescribed under the South

Texas onion marketing order.

Shipments of onions for these purposes

are permitted in bulk loads, 48-inch

deep bulk bins, and tote bags, in

addition to the approved 36-inch deep

bulk bin. A dimension tolerance for the

bulk containers was also added. All

handlers shipping onions for peeling,

chopping, and slicing continue to be

required to meet grade, size, inspection,

and safeguard requirements.

This rule change continues to allow

South Texas onion handlers to supply

existing markets, opens up new markets

to satisfy fresh processor demand, and

allows the industry to be more

competitive in the marketplace.

Allowing shipments of onions to fresh

processors in bulk loads, 48-inch bulk

bins, and tote bags, in addition to the

36-inch deep bulk bin, is expected by

the Committee to double the shipments

of Texas onions to fresh processed

buyers. The increase in shipments is

expected because the changes allow the

South Texas onion industry to better

meet the needs of fresh processors and

allow the industry to compete with

other suppliers of onions for fresh

processing.

At the meetings, the Committee

discussed the impact of these changes

on handlers and producers and believed

that the benefits of this rule were not

expected to be disproportionately

greater or less for small handlers or

producers than for larger entities. The

increased shipping flexibility is equally

beneficial to all shippers regardless of

size.

An alternative to this action was to

maintain the status quo, however, the

Committee believed that the regulation

did not address the needs of handlers

desiring to expand their fresh process

onion marketing efforts. The Committee

believed that the regulations should be

modified to address these needs. The

Committee further believed that not

allowing different types of bulk

shipments for peeling, chopping, and

slicing would be detrimental to the

South Texas onion industry. Allowing

shipments of onions in additional bulk

bins and in bulk loads will meet the

industry’s objective of marketing more

onions. These changes provide the

industry with additional marketing

opportunities and allow the industry to

be more competitive.

All handlers making onion shipments

for relief, charity, processing,

experimental purposes, or peeling,

chopping, and slicing are required to

apply for and obtain a Certificate of

Privilege from the Committee to make

such shipments. No additional reporting

burden is estimated in making such

applications because all 37 of the

handlers in the Texas onion industry

routinely apply each season for these

certificates and this is expected to

continue. However, this action imposes

additional reporting requirements on

the 37 onion handlers. Because this

action fosters increased shipments, the

handlers will file more Reports of

Special Purpose Onion Shipments. This

report accompanies each shipment and

takes about .083 hours to complete. It is

used to verify proper disposition of the

onions. Previously, each of the 37

handlers shipped approximately 15

loads of onions for special purposes.

The Committee estimates that this rule

change will double the number of

shipments going to these outlets to 30

loads per handler, which will result in

an estimated burden to the previouslymentioned 37 handlers of about 92

hours.

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 accordance with the Paperwork

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

Chapter 35), the information collection

requirements that are contained in this

rule have been approved by the Office

of Management and Budget (OMB) and

have been assigned OMB No. 0581–

0187. In addition, as noted in the initial

regulatory flexibility analysis, the

Department has not identified any

relevant Federal rules that duplicate,

overlap, or conflict with this final rule.

Further, the Committee’s meetings

were widely publicized throughout the

onion industry and all interested

persons were invited to attend the

meetings and participate in Committee

deliberations on all issues. Like all

Committee meetings, the October 19,

1999, meeting was a public meeting and

all entities, both large and small, were

able to express their views on this issue.

The Committee itself is composed of 17

members, of which 10 are producers

and 7 are handlers. Also, the Committee

has subcommittees to review certain

issues and make recommendations to

the Committee. The subcommittee met

on October 12, 1999, and discussed this

issue in detail. The meeting was a

public meeting and both large and small

entities were able to participate and

express their views. Finally, interested

persons are invited to submit

information on the regulatory and

informational impacts of this action on

small businesses.

An interim final rule concerning this

action was published in the Federal

Register on February 16, 2000. Copies of

the rule were mailed by the Committee’s

staff to all Committee members and

onion handlers. In addition, the rule

was made available through the Internet

by the Office of the Federal Register.

That rule provided for a 60-day

comment period which ended April 17,

2000. No comments were received.

A small business guide on complying

with fruit, vegetable, and specialty crop

marketing agreements and orders may

be viewed at the following web site:

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

Committee’s unanimous

recommendation, and other

information, it is found that finalizing

the interim final rule, without change,

as published in the Federal Register (65

FR 7711, February 16, 2000) will tend

to effectuate the declared policy of the

Act.

List of Subjects in 7 CFR Part 959

Marketing agreements, Onions,

Reporting and recordkeeping

requirements.

PART 959—ONIONS GROWN IN

SOUTH TEXAS

Accordingly, the interim final rule

amending 7 CFR part 959 which was

published at 65 FR 7711 on February 16,

Federal Register / Vol. 65, No. 91 / Wednesday, May 10, 2000 / Rules and Regulations 29945

2000, is adopted as a final rule without

change.

Dated: May 4, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–11642 Filed 5–9–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 993

[Docket No. FV00–993–2 FR]

Dried Prunes Produced in California;

Undersized Regulation for the 2000–

2001 Crop Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule changes the

undersized prune regulation for dried

prunes received by handlers from

producers and dehydrators under

Marketing Order No. 993 for the 2000–

2001 crop year. The marketing order

regulates the handling of dried prunes

produced in California and is

administered locally by the Prune

Marketing Committee (Committee). This

rule removes the smallest, least

desirable of the marketable size dried

prunes produced in California from

human consumption outlets, and allows

handlers to dispose of undersized

prunes in such outlets as livestock feed.

The Committee estimated that this rule

will reduce the excess of dried prunes

expected at the end of the 1999–2000

crop year by approximately 5,100 tons,

leaving sufficient prunes to fulfill

foreign and domestic trade demand.

EFFECTIVE DATE: August 1, 2000.

FOR FURTHER INFORMATION CONTACT:

Richard P. Van Diest, 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, room

2525-S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720-

2491, Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525-S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, 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 produced 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

(Department) 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 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 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 or her principal

place of business, has jurisdiction to

review the Secretary’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 final rule changes the undersized

regulation in § 993.49(c) of the prune

marketing order for the 2000–2001 crop

year for inventory management

purposes. The regulation removes

prunes passing through specified screen

openings. For French prunes, the screen

opening will be increased from 23⁄32 to 24⁄32 of an inch in diameter; and for nonFrench prunes, the opening will be

increased from 28⁄32 to 30⁄32 of an inch

in diameter. This rule removes the

smallest, least desirable of the

marketable size dried prunes produced

in California from human consumption

outlets. The rule will be in effect from

August 1, 2000, through July 31, 2001,

and was unanimously recommended by

the Committee at a November 30, 1999,

meeting.

Section 993.19b of the prune

marketing order defines undersized

prunes as prunes which pass freely

through a round opening of a specified

diameter. Section 993.49(c) of the prune

marketing order establishes an

undersized regulation of 23⁄32 of an inch

for French prunes and 28⁄32 of an inch

for non-French prunes. These diameter

openings have been in effect for quality

control purposes. Section 993.49(c) also

provides that the Secretary, upon a

recommendation of the Committee, may

establish larger openings for undersized

dried prunes whenever it is determined

that supply conditions for a crop year

warrant such regulation. Section

993.50(g) states in part: ‘‘No handler

shall ship or otherwise dispose of, for

human consumption, the quantity of

prunes determined by the inspection

service pursuant to § 993.49(c) to be

undersized prunes* * *’’ Pursuant to

§ 993.52, minimum standards, pack

specifications, including the openings

prescribed in § 993.49(c), may be

modified by the Secretary, on the basis

of a recommendation of the Committee

or other information.

Pursuant to the authority in § 993.52

of the order, § 993.400 modifies the

undersized openings prescribed in

§ 993.49(c) to permit undersized

regulations using openings of 23⁄32 or 24⁄32 of an inch for French prunes, and 28⁄32 or 30⁄32 of an inch for non-French

prunes.

During the 1974–75 and 1977–78 crop

years, the undersized prune regulation

was established by the Department at

23⁄32 of an inch in diameter for French

prunes and 28⁄32 of an inch in diameter

for non-French prunes. These diameter

openings were established in §§ 993.401

and 993.404, respectively (39 FR 32733,

September 11, 1974; and 42 FR 49802,

September 28, 1977). In addition, the

Committee recommended and the

Department established volume

regulation percentages during the 1974–

75 crop year with an undersized

regulation at the aforementioned 23⁄32

and 28⁄32 inch diameter screen sizes.

During the 1975–76 and 1976–77 crop

years, the undersized prune regulation

was established at 24⁄32 of an inch for

French prunes, and 30⁄32 of an inch for

non-French prunes. These diameter

openings were established in §§ 993.402

and 993.403 respectively (40 FR 42530,

September 15, 1975; and 41 FR 37306,

September 3, 1976). The prune industry

had an excess supply of prunes,

particularly small-sized prunes. Rather

than recommending volume regulation

percentages for the 1975–76, 1976–77

and 1977–78 crop years, the Committee