[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Proposed Rules]
[Pages 2178-2182]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00492]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / 
Proposed Rules

[[Page 2178]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Doc. No. AMS-SC-23-0039; 23-J-0080]


Marketing Order for Raisins Produced From Grapes Grown in 
California (M.O. No. 989); Hearing

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notification of hearing on proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: Notice is hereby given of a public hearing to receive evidence 
on proposals recommended by the Raisin Administrative Committee 
(Committee) to amend Federal Marketing Order No. 989 (Order). The 
proposed amendments would reduce Committee membership, eliminate the 
designated cooperative bargaining association member seat, lower quorum 
requirements, remove producer district representation, remove the 
requirement for separate member and alternate nominations, remove 
factors for establishing marketing policy, add language to clarify the 
quality of reconditioned raisins, add authority to accept voluntary 
contributions, and add language regarding ownership of intellectual 
property. The Committee recommended the proposed amendments after 
determining a significant reduction in the size of the industry has 
made it increasingly difficult to fill Committee positions and conduct 
business. The Agricultural Marketing Service (AMS) also proposes to 
make additional changes to the Order as may be necessary to conform to 
any amendatory changes that result from the hearing.

DATES: The hearing will be held February 13-14, 2024, from 9:00 a.m. to 
5:00 p.m. Pacific Time (PT) and, if deemed necessary by the presiding 
administrative law judge, will continue until such time or day as 
determined by the judge.

ADDRESSES: The hearing will be held at the office of the Raisin 
Administrative Committee, 2445 Capitol Street, Suite 200, Fresno, 
California 93721.

FOR FURTHER INFORMATION CONTACT: Christy Pankey, Marketing Specialist, 
or Matthew Pavone, Chief, Rulemaking Services Branch, Market 
Development Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW, Stop 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-8085, or Email: <a href="/cdn-cgi/l/email-protection#a8ebc0dac1dbdcd186f8c9c6c3cdd1e8dddbccc986cfc7de"><span class="__cf_email__" data-cfemail="36755e445f45424f186657585d534f764345525718515940">[email protected]</span></a> or 
<a href="/cdn-cgi/l/email-protection#eea38f9a9a868b99c0be8f9881808bae9b9d8a8fc0898198"><span class="__cf_email__" data-cfemail="75381401011d10025b2514031a1b1035000611145b121a03">[email protected]</span></a>.
    Small businesses may request information on this proceeding by 
contacting Richard E. Lower, Market Development Division, Specialty 
Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, 
Washington, DC 20250-0237; Telephone: (202) 720-8085, or Email: 
<a href="/cdn-cgi/l/email-protection#4b192228232a392f6507243c2e390b3e382f2a652c243d"><span class="__cf_email__" data-cfemail="a7f5cec4cfc6d5c389ebc8d0c2d5e7d2d4c3c689c0c8d1">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: This administrative action is instituted 
pursuant to the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act,'' and 
the applicable rules of practice and procedure governing amendments to 
marketing agreements and orders (7 CFR part 900). This action is 
governed by the provisions of sections 556 and 557 of title 5 of the 
United States Code and, therefore, is excluded from the requirements of 
Executive Order 12866, 13563 and 14094. AMS provided notice of the 
hearing to Tribal Governments through the U.S. Department of 
Agriculture's (USDA) Office of Tribal Relations.
    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) seeks to 
ensure that within the statutory authority of a program, the regulatory 
and informational requirements are tailored to the size and nature of 
small businesses. Interested persons are invited to present evidence at 
the hearing on the possible regulatory and informational impacts of the 
proposals on small businesses.
    The amendments proposed herein have been reviewed under Executive 
Order 12988, Civil Justice Reform. They are not intended to have 
retroactive effect.
    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 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. 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 no later than 20 days 
after the date of the entry of the ruling.
    The Raisin Administrative Committee (Committee) is established 
under provisions of the Federal Marketing Order No. 989 (Order), which 
regulates the handling of raisins produced from grapes grown in 
California. The Order stipulates that the Committee may recommend to 
the Secretary amendments to the Order, and subject to USDA's approval, 
shall establish rules and procedures as may be necessary to accomplish 
the purposes of the Act and the efficient administration of the Order.
    On October 20, 2022, the Committee recommended to USDA proposals to 
amend Committee size, composition, producer representation, and quorum 
requirements; to amend nomination procedures for small cooperative and 
independent producers; to remove two factors for establishing marketing 
policy, and to add language to clarify the quality of reconditioned 
raisins. The Committee voted on the above proposed amendments, 20 in 
favor and 10 opposed, at its August 17, 2022, meeting. On August 16, 
2023, the Committee also voted to recommend to USDA the inclusion of 
additional proposals that would add authority to accept voluntary 
contributions and add language regarding Committee ownership of 
intellectual property. AMS received the Committee's unanimous proposal 
for those two recommendations on August 21, 2023.
    After reviewing the proposals and other information submitted by 
the Committee, USDA has decided to schedule this matter for a public 
hearing. Testimony is invited on the following proposals or appropriate 
alternatives or modifications to such proposals as summarized below. 
These proposals submitted by the Committee

[[Page 2179]]

have not received the approval of USDA.

Proposal 1--Amend Committee Membership Size and Composition, Lower 
Quorum Requirements, and Remove Producer District Representation

    The Committee recommended reducing the Committee's size and 
lowering quorum requirements after determining that a substantial 
reduction in the size of the California raisin industry over the past 
20 years has made it increasingly difficult to fill Committee positions 
and at times meet quorum requirements. Further, the Committee 
recommended the elimination of the member and alternate position 
dedicated to the cooperative bargaining association, removal of 
producer district representation, and the addition of an unaffiliated 
producer member seat. The Committee believes the designated cooperative 
bargaining association position is no longer warranted after a 
substantial decrease in total raisin acquisitions. The amendments 
proposed are as follows:
    <bullet> Amend Sec.  989.26 by reducing Committee membership from 
47 to 21 members. Corresponding changes would also be made to Sec.  
989.126.
    <bullet> Remove producer district representation in Sec.  
989.26(c), and add an unaffiliated producer member seat to Sec.  
989.126(a)(1). Corresponding changes would also remove Sec. Sec.  
989.22 and 989.122, and references to producer districts in Sec. Sec.  
989.29(b)(2), 989.126(a) and 989.129.
    <bullet> Remove the designated bargaining association seat in Sec.  
989.26. Corresponding changes would also remove the reference to the 
bargaining association position in Sec.  989.30.
    <bullet> Amend Sec.  989.38 by lowering quorum requirements from 25 
to 14.

Proposal 2--Remove Separate Nomination Procedures for Independent and 
Small Cooperative Producers

    Separate nomination procedures for independent producers or 
producers affiliated with small cooperative marketing associations' 
member and alternate positions were added to the Order in 2018 due to 
the number of vacancies on the Committee, and to encourage 
participation by alternate members. However, the Committee now 
recommends eliminating the requirement that independent and small 
cooperative producers must be nominated separately for either a member 
or alternate position as it would not be necessary with a reduced 
Committee size. The amendment proposed is as follows:
    <bullet> Amend Sec.  989.29 to eliminate the requirement for 
separate nominations for independent producers or producers affiliated 
with small cooperative marketing associations.

Proposal 3--Update Marketing Policy and Quality Standards for 
Reconditioned Raisins

    The Committee recommended removing factor number 4, ``An estimated 
desirable carryout at the end of the crop year;'' and part of factor 
number 5, ``, considering the estimated world raisin supply and demand 
situation'' from the Committee's marketing policy considerations. The 
Committee determined that factor 4 is no longer necessary since the 
Order no longer regulates volume, the authority for which was removed 
in 2018. Factor number 5 will continue to be part of the marketing 
policy. However, consideration of part of factor number 5 relied on 
USDA's National Agricultural Statistic Service (NASS) ``Raisins: World 
Market and Trade Report'' to determine the estimated world raisin 
supply and demand situation. NASS no longer publishes the report, and 
the Committee found it would be cost prohibitive to acquire such 
information by other means.
    Additionally, the Committee recommended adding language to 
Sec. Sec.  989.24 and 989.58 clarifying that the quality of 
reconditioned raisins is the same as that of standard fruit. The 
Committee believes that there is a negative impression in the raisin 
market that the quality of reconditioned raisins that have been 
reworked and reinspected is somehow diminished. The Committee believes 
that the proposed language will help to dispel this negative 
impression, stating that natural condition raisins are any raisins that 
have been inspected and meet the Order's minimum requirements, which 
would include reconditioned fruit. The amendments proposed are as 
follows:
    <bullet> In Sec.  989.54(a), remove factor number 4 ``An estimated 
desirable carryout at the end of the crop year;'' and the last part of 
factor number 5 ``, considering the estimated world raisin supply and 
demand situation.''
    <bullet> Amend Sec. Sec.  989.24 and 989.58 by adding language to 
clarify the quality of reconditioned raisins as standard raisins.

Proposal 4--Add Contribution Authority and Patent/Trademark Authority

    The Committee recommended the addition of authority to accept 
voluntary contributions, and recommended adding language that would 
establish provisions for the collection of voluntary contributions by 
the Committee. The Committee further recommended the addition of 
authority related to Committee ownership of and rights to intellectual 
property, including authority to collect royalties from intellectual 
property. The amendments proposed are as follows:
    <bullet> Add Sec.  989.63 to establish the authority to accept 
voluntary contributions.
    <bullet> Add Sec.  989.64 to establish authority related to 
ownership of and rights to intellectual property and add authority for 
the collection of rents/royalties from the same.
    In addition to the proposed amendments submitted by the Committee, 
AMS proposes to make any such conforming changes to the Order as may be 
necessary to conform to any amendment that may result from the 
proposals, or to correct minor inconsistencies and typographical 
errors.
    USDA will oversee this formal rulemaking proceeding. The issuance 
of this notice of public hearing is the first of several steps in the 
amendatory rulemaking process, including the issuance of a Recommended 
Decision, public comment period, Secretary's Decision, and if the prior 
steps prove favorable, a grower referendum.
    At the hearing, interested persons may provide testimony in support 
of or in opposition to the proposed amendments. Interested persons are 
invited to testify on the possible regulatory and informational impacts 
of the proposed amendments on small businesses.
    Interested persons will also be provided the opportunity to file 
briefs in support of or in opposition to the proposed amendments after 
the hearing, as well as file exceptions to any Recommended Decision 
that may be issued. Finally, any proposed amendments will be required 
to be approved in a grower referendum before they can be implemented.
    USDA will hold the public hearing for the purposes of: (i) 
receiving evidence about the economic and marketing conditions which 
relate to the proposed amendments of the Order; (ii) determining 
whether there is a need for the proposed amendments to the Order; (iii) 
determining if there are other alternatives to the proposed amendments 
or duplicates of the proposed amendments; and (iv) determining whether 
the proposed amendments or appropriate

[[Page 2180]]

modifications thereof will tend to effectuate the declared policy of 
the Act.
    All persons wishing to submit written material as evidence at the 
hearing should be prepared to submit four copies of such material at 
the hearing. Four copies of prepared testimony for presentation at the 
hearing should also be made available. To the extent practicable, eight 
additional copies of evidentiary exhibits and testimony prepared as an 
exhibit should be made available to USDA representatives on the day of 
appearance at the hearing. Any requests for preparation of USDA data 
for this rulemaking hearing should be made at least 10 days prior to 
the beginning of the hearing.
    From the time the notice of hearing is issued until the issuance of 
a final decision in this proceeding, USDA employees involved in the 
decisional process are prohibited from discussing the merits of the 
hearing issues on an ex parte basis with any person having an interest 
in the proceeding. The prohibition applies to employees who are or may 
reasonably be expected to be involved in the decisional process of the 
proceeding in the following organizational units: Office of the 
Secretary of Agriculture; Office of the Administrator, AMS; Office of 
the General Counsel; and the Specialty Crops Program, AMS. Procedural 
matters are not subject to the above prohibition and may be discussed 
at any time.
    Testimony is invited on the recommended proposals to amend 7 CFR 
part 989, or appropriate alternatives or modifications to such 
proposals, as follows:

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

0
1. The authority citation for part 989 continues to read as follows:

    Authority: 7 U.S.C. 601-674.


Sec.  989.22  [Removed and Reserved]

0
2. Remove and reserve Sec.  989.22.
0
3. Amend Sec.  989.24 by revising paragraph (b) to read as follows:


Sec.  989.24   Standard raisins, off-grade raisins, other failing 
raisins, and raisin residual material.

* * * * *
    (b) Off-grade raisins means raisins which do not meet the then 
effective minimum grade and condition standards for natural condition 
raisins: Provided, That raisins which are certified as off-grade 
raisins shall continue to be such until successfully reconditioned as 
standard raisins or become ``other failing raisins.''
* * * * *
0
4. Revise Sec.  989.26 to read as follows:


Sec.  989.26  Establishment and membership.

    A Raisin Administrative Committee is hereby established consisting 
of 21 members of whom 12 shall represent producers, 8 shall represent 
handlers and 1 shall be a public member.
    (a) The producer members shall be selected as follows:
    (1) Producer members representing the cooperative marketing 
association(s) shall be members of such association(s) engaged in the 
handling of raisins, each of which acquired not less than 10 percent of 
the total raisin acquisitions during the preceding crop year, and those 
members shall be equal to the product, rounded to the nearest whole 
number, obtained by multiplying 12 by the ratio the cooperative 
marketing association(s) raisin acquisitions are to the acquisitions of 
all handlers during the preceding crop year.
    (2) Producer members representing cooperative bargaining 
association(s) shall be members of such association(s), and the number 
of those members shall be equal to the product, rounded to the nearest 
whole number, obtained by multiplying 12 by the ratio the raisins 
acquired by handlers from bargaining association members are to the 
total acquisitions of all handlers during the preceding crop year.
    (3) All other producer members, who shall not be members of a 
cooperative bargaining association(s), cooperative marketing 
association(s) engaged in the handling of raisins which acquired 10 
percent or more of the total acquisitions during the preceding crop 
year, nor sold for cash to cooperative marketing association(s), shall 
represent all producers not defined in paragraphs (a)(1) or (2) of this 
section and shall be selected as designated in the rules and 
regulations.
    (b) The handler members shall be divided into two groups and 
include the following:
    (1) Handler members shall be selected from and represent 
cooperative marketing association(s) engaged in the handling of raisins 
each of which acquired not less than 10 percent of the total raisin 
acquisitions during the preceding crop year, and the number of those 
members shall be equal to the product, rounded to the nearest whole 
number, obtained by multiplying 8 by the ratio of the cooperative 
marketing association(s) raisin acquisitions are to the total 
acquisitions of all handlers during the preceding crop year.
    (2) The remaining handler members shall be selected from and 
represent all other handlers, which would include all independent 
handlers and small cooperative marketing association(s) who acquired 
less than 10 percent of the total raisin acquisitions during the 
preceding crop year. Handler nominees for this group shall be nominated 
by all handlers in the group in a manner determined by the Committee, 
with the approval of the Secretary, and specified in the rules and 
regulations.
    (c) The public member shall be nominated by the Committee and 
selected by the Secretary as public member.
    (d) For each member of the Committee there shall be an alternate 
member who shall have the same qualifications as the member for whom 
they are an alternate.
0
5. Amend Sec.  989.29 by revising paragraphs (a) and (b)(1) and (2) to 
read as follows:


Sec.  989.29   Initial members and nomination of successor members.

    (a) Initial members. Members and alternate members of the Committee 
serving immediately prior to the effective date of this amended subpart 
shall, if thereafter they are eligible, serve on the Committee until 
April 30, 2026, and until their respective successors have been 
selected and qualified.
    (b) * * *
    (1) The Committee shall notify the cooperative marketing 
association(s) engaged in handling not less than 10 percent of the 
total raisin acquisitions during the preceding crop year, and 
cooperative bargaining association(s), of the date by which nominations 
to fill member and alternate member positions shall be made. The 
Committee shall give reasonable publicity of a meeting or meetings of 
producers who are not members of cooperative bargaining association(s), 
or cooperative marketing association(s) which handled 10 percent or 
more of the total raisin acquisitions during the preceding crop year, 
and of independent handlers and cooperative marketing association(s) 
who handled less than 10 percent of the total raisin acquisitions 
during the preceding crop year, for the purpose of making nominations 
to fill the member and alternate member positions prescribed in Sec.  
989.26 (a)(3) and (b): Provided, That member and alternate member 
nominations by independent handlers and cooperative marketing 
association(s) who acquired less than 10 percent of the total raisin 
acquisitions during the preceding crop year may be

[[Page 2181]]

made to the Committee by mail in lieu of meetings.
    (2)(i) Any producer representing independent producers and 
producers who are affiliated with cooperative marketing association(s) 
handling less than 10 percent of the total raisin acquisitions during 
the preceding crop year must have produced grapes which were made into 
raisins.
    (ii) Each such producer whose name is offered in nomination to 
represent on the Committee independent producers or producers who are 
affiliated with cooperative marketing association(s) handling less than 
10 percent of the total raisin acquisitions during the preceding crop 
year shall be given the opportunity to provide the Committee a short 
statement outlining qualifications and desire to serve if selected. 
These brief statements, together with a ballot and voting instructions, 
shall be mailed to all independent producers and producers who are 
affiliated with cooperative marketing associations handling less than 
10 percent of the total raisin acquisitions during the preceding crop 
year of record with the Committee. The producer candidate receiving the 
highest number of votes shall be designated as the first member nominee 
for a member position in which they qualify, the second highest shall 
be designated as the second member nominee for a member position which 
they qualify, until nominees for all producer member positions have 
been filled. Similarly, after all producer member positions have been 
filled, the producer candidate receiving the highest number of votes 
shall be designated as the first alternate member nominee for a member 
position in which they qualify, the second highest shall be designated 
as the second alternate member nominee for a member position in which 
they qualify, until nominees for all alternate member positions have 
been filled.
    (iii) In the event there are no qualified candidates for any 
designated producer member or alternate member positions, such 
positions may be filled by other producer candidates not otherwise 
nominated for a position.
    (iv) Each independent producer or producer affiliated with 
cooperative marketing association(s) handling less than 10 percent of 
the total raisin acquisitions during the preceding crop year shall cast 
only one vote with respect to each position for which nominations are 
to be made. Write-in candidates shall be accepted. The person receiving 
the most votes with respect to each position to be filled, in 
accordance with paragraph (b)(2)(ii) and (iii) of this section, shall 
be the person to be certified to the Secretary as the nominee. The 
Committee may, subject to the approval of the Secretary, establish 
rules and regulations to effectuate this section.
* * * * *
0
6. Revise Sec.  989.30 to read as follows:


Sec.  989.30   Selection.

    The Secretary shall select producer, handler, and public members 
and alternate members in the number specified in Sec.  989.26, as 
applicable, and with the qualifications specified in Sec.  989.27. Such 
selections may be made from nominations certified pursuant to Sec.  
989.29 or from other eligible producers, or handlers.


Sec.  989.38  [Amended]

0
7. Amend Sec.  989.38 by removing the numeral ``25'' and adding in its 
place the numeral ``14''.


Sec.  989.54   [Amended]

0
8. Amend Sec.  989.54 by:
0
a. Removing paragraph (a)(4);
0
b. Redesignating paragraphs (a)(5) through (9) as paragraphs (a)(4) 
through (8), respectively; and
0
c. In redesignated paragraph (a)(4), removing the text ``, considering 
the estimated world raisin supply and demand situation''.
0
9. Amend Sec.  989.58 by adding paragraph (g) to read as follows:


Sec.  989.58   Natural condition raisins.

* * * * *
    (g) All raisins which have been inspected and certified as meeting 
the minimum grade, quality, and condition standards established 
pursuant to this section, whether upon incoming inspection or upon 
later inspection after reconditioning, shall be determined to be 
standard raisins, labelled accordingly, and shall be eligible for 
commercial disposition as natural condition raisins or packed raisins 
in normal outlets.
0
10. Add Sec.  989.63 to read as follows:


Sec.  989.63  Contributions.

    The Committee may accept voluntary contributions: Provided, That 
such contributions shall only be used to pay expenses authorized under 
Sec.  989.79. Furthermore, contributions shall be free from any 
encumbrances by the donor and the Committee shall retain complete 
control of their use.
0
11. Add Sec.  989.64 to read as follows:


Sec.  989.64  Patents, copyrights, trademarks, inventions, product 
formulations, and publications.

    (a) Any patents, copyrights, trademarks, inventions, product 
formulations, and publications developed through the use of funds 
received by the Committee under this subpart shall be the property of 
the U.S. Government, as represented by the Committee, and shall, along 
with any rents, royalties, residual payments, or other income from the 
rental, sales, leasing, franchising, or other uses of such patents, 
copyrights, trademarks, inventions, product formulations, or 
publications, inure to the benefit of the Committee; shall be 
considered income subject to the same fiscal, budget, and audit 
controls as other funds of the Committee and may be licensed subject to 
approval by the Secretary.
    (b) Upon termination of this subpart, Sec.  989.92 shall apply to 
determine disposition of any property, including patents, copyrights, 
trademarks, inventions, product formulations, and publications 
developed through the use of funds received by the Committee under this 
subpart.
    (c) Should patents, copyrights, trademarks, inventions, product 
formulations, or publications be developed through the use of funds 
collected by the Committee under this subpart and funds contributed by 
another organization or person, ownership and related rights to such 
patents, copyrights, trademarks, inventions, product formulations, or 
publications shall be determined by agreement between the Committee and 
the person or organization contributing funds towards the development 
of such patents, copyrights, inventions, trademarks, product 
formulations, or publications in a manner consistent with paragraph (a) 
of this section.
    (d) Should any patents, copyrights, trademarks, inventions, product 
formulations, or publications, be licensed to the Committee by another 
person or organization, the rights and obligations regarding such 
licensed patents, copyrights, trademarks, inventions, product 
formulations, or publications shall be determined by agreement between 
the Committee and the person or organization permitting licensure in a 
manner consistent with paragraph (a) of this section.


Sec.  989.122  [Removed and Reserved]

0
12. Remove and reserve Sec.  989.122.
0
13. Revise Sec.  989.126 to read as follows:


Sec.  989.126  Representation of the Committee.

    (a) Pursuant to Sec.  989.26(a)(3), and commencing with the term of 
office beginning May 1, 2026, apportionment of independent and small 
cooperative producers shall be:

[[Page 2182]]

    (1) One producer member, selected from and representing all 
producers, who is unaffiliated with any handler (including, but not 
limited to, ownership, employment, or agent of any handler, and whose 
family members are similarly unaffiliated with any handler); and
    (2) The remaining producer member(s) selected from and representing 
all other independent and small cooperative producers.
    (b) Pursuant to section Sec.  989.26(b)(2), and commencing with the 
term of office beginning May 1, 2026, apportionment of the independent 
and small cooperative marketing association handlers shall be:
    (1) Two members selected from and representing the four handler(s) 
other than major cooperative marketing association handler(s) who 
acquired the largest percentage of the total raisin acquisitions during 
the preceding crop year; and
    (2) The remaining member(s) selected from and representing all 
other handlers, including small cooperative marketing association 
handler(s) and all processors.
0
13. Revise Sec.  989.129 to read as follows:


Sec.  989.129   Voting at nomination meetings.

    Any person (defined in Sec.  989.3 as an individual, partnership, 
corporation, association, or any other business unit) who is engaged, 
in a proprietary capacity, in the production of grapes which are sun-
dried or dehydrated by artificial means to produce raisins and who 
qualifies under the provisions of Sec.  989.29(b)(2) shall be eligible 
to cast one ballot for a nominee for each producer member position and 
one ballot for a nominee for each producer alternate member position on 
the Committee which is to be filled. Such person must be the one who or 
which: Owns and farms land resulting in his or its ownership of such 
grapes produced thereon; rents and farms land, resulting in his or its 
ownership of all or a portion of such grapes produced thereon; or owns 
land which he or it does not farm and, as rental for such land, obtains 
the ownership of a portion of such grapes or the raisins. In this 
connection, a partnership shall be deemed to include two or more 
persons (including a husband and wife) with respect to land the title 
to which, or leasehold interest in which, is vested in them as tenants 
in common, joint tenants, or under community property laws, as 
community property. In a landlord-tenant relationship, wherein each of 
the parties is a producer, each such producer shall be entitled to one 
vote for a nominee for each producer member position and one vote for 
each producer alternate member position. Hence, where two persons 
operate land as landlord and tenant on a share-crop basis, each person 
is entitled to one vote for each such position to be filled. Where land 
is leased on a cash rental basis, only the person who is the tenant or 
cash renter (producer) is entitled to vote. A partnership or 
corporation, when eligible, is entitled to cast only one vote for a 
nominee for each producer position to be filled.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-00492 Filed 1-11-24; 8:45 am]
BILLING CODE 3410-02-P


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