81_FR_44891 81 FR 44759 - Grapes Grown in a Designated Area of Southeastern California; Order Amending Marketing Order 925

81 FR 44759 - Grapes Grown in a Designated Area of Southeastern California; Order Amending Marketing Order 925

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 132 (July 11, 2016)

Page Range44759-44761
FR Document2016-16330

This final rule amends Marketing Agreement and Order No. 925 (order), which regulates the handling of table grapes grown in a designated area of southeastern California. The amendments approved by producers in the referendum were proposed by the California Desert Grape Administrative Committee (Committee), which is responsible for the local administration of the order. The new amendments to the order will increase term lengths for Committee members and alternates from one to four fiscal periods and allow new members and alternates to agree to accept their nominations prior to selection by the Secretary. These amendments are intended to increase the Committee's effectiveness and bolster industry participation in Committee activities. The amendment proposed by the Agricultural Marketing Service (AMS) that would add authority for periodic continuance referenda was not approved in the referendum.

Federal Register, Volume 81 Issue 132 (Monday, July 11, 2016)
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Rules and Regulations]
[Pages 44759-44761]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-16330]



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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
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under 50 titles pursuant to 44 U.S.C. 1510.

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Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules 
and Regulations

[[Page 44759]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 925

[Doc. No. AMS-FV-14-0049; FV14-925-3]


Grapes Grown in a Designated Area of Southeastern California; 
Order Amending Marketing Order 925

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This final rule amends Marketing Agreement and Order No. 925 
(order), which regulates the handling of table grapes grown in a 
designated area of southeastern California. The amendments approved by 
producers in the referendum were proposed by the California Desert 
Grape Administrative Committee (Committee), which is responsible for 
the local administration of the order. The new amendments to the order 
will increase term lengths for Committee members and alternates from 
one to four fiscal periods and allow new members and alternates to 
agree to accept their nominations prior to selection by the Secretary. 
These amendments are intended to increase the Committee's effectiveness 
and bolster industry participation in Committee activities. The 
amendment proposed by the Agricultural Marketing Service (AMS) that 
would add authority for periodic continuance referenda was not approved 
in the referendum.

DATES: This rule is effective August 10, 2016.

FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing 
Specialist, or Michelle P. Sharrow, Rulemaking Branch Chief, Marketing 
Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., Stop 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
[email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Antoinette Carter, Marketing Order and 
Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Order No. 925, both as amended (7 CFR part 925), 
regulating the handling of table grapes grown in a designated area of 
southeastern 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.'' The applicable rules of practice and procedure governing the 
formulation of marketing agreements and orders (7 CFR part 900) 
authorize amendment of the order through this informal rulemaking 
action.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule shall not be deemed to preclude, preempt, or supersede any 
State program covering table grapes grown in southeastern California.
    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.
    Section 1504 of the Food, Conservation, and Energy Act of 2008 
(2008 Farm Bill) (Pub. L. 110-246) amended section 18c(17) of the Act, 
which in turn required the addition of supplemental rules of practice 
to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of 
section 18c(17) of the Act and additional supplemental rules of 
practice authorize the use of informal rulemaking (5 U.S.C. 553) to 
amend Federal fruit, vegetable, and nut marketing agreements and 
orders. USDA may use informal rulemaking to amend marketing orders 
based on the nature and complexity of the proposed amendments, the 
potential regulatory and economic impacts on affected entities, and any 
other relevant matters.
    AMS considered the nature and complexity of the proposed 
amendments, the potential regulatory and economic impacts on affected 
entities, and other relevant matters, and determined that amending the 
order as proposed by the Committee could appropriately be accomplished 
through informal rulemaking.
    The proposed amendments were unanimously recommended by the 
Committee following deliberations at a public meeting held on November 
5, 2013.
    A proposed rule soliciting comments on the proposed amendments was 
issued on June 1, 2015, and published in the Federal Register on June 
5, 2015 (80 FR 32043). No comments were received. A proposed rule and 
referendum order was issued on October 1, 2015, and published in the 
Federal Register on October 7, 2015 (80 FR 60570). This document 
directed that a referendum among table grape producers be conducted 
during the period of January 21, 2016 through February 4, 2016, to 
determine whether they favor the proposed amendments to the order. To 
become effective, the amendments had to be approved by at least two-
thirds of the producers voting, or two-thirds of the volume of table 
grapes represented by voters in the referendum. The amendments to 
increase the length of the term of office for members and to allow 
members to accept their nominations prior to selection, which were 
recommended by

[[Page 44760]]

the Committee were favored by 100 percent of the growers voting in the 
referendum. The number of votes on the third amendment, which was 
proposed by AMS, were exactly split 50 percent in favor and 50 percent 
opposed.
    The amendments included in this final rule will: (1) Increase the 
length of the term of office for Committee members and alternates from 
one to four fiscal periods, and (2) allow new members and alternates to 
agree to accept their nominations prior to selection by the Secretary.
    The third amendment recommended by AMS concerning periodic 
continuance referenda was not approved by producers in referendum.

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.
    Based on Committee data, there are approximately 12 handlers of 
southeastern California table grapes who are subject to regulation 
under the marketing order and approximately 38 table grape producers in 
the production area. Small agricultural service firms are defined by 
the Small Business Administration (SBA) as those having annual receipts 
of less than $7,500,000 and small agricultural producers are defined as 
those whose annual receipts are less than $750,000 (13 CFR 121.201).
    Seven of the 12 handlers subject to regulation have annual table 
grape sales of less than $7,500,000 according to USDA Market News 
Service and Committee data. Based on information from the Committee and 
USDA's Market News Service, it is estimated that at least 9 of the 38 
producers have annual receipts of less than $750,000. Thus, it may be 
concluded that a majority of table grape handlers regulated under the 
order and about 9 of the producers could be classified as small 
entities under SBA definitions.
    The amendments will provide the Committee with authority to 
increase the term length for members and alternates from one to four 
fiscal periods and allow new members and alternates of the Committee to 
agree to accept their nominations before the selection process begins.
    The Committee's proposed amendments were unanimously recommended at 
a public meeting on November 5, 2013.
    The Committee believes these changes represent the needs of the 
Committee and industry. No economic impact is expected from these 
amendments because they do not establish any regulatory requirements on 
handlers, nor do they contain any assessment or funding implications. 
There is no change in financial costs, reporting, or recordkeeping 
requirements.
    Alternatives to these proposals included making no changes at this 
time. However, the changes are necessary to improve administration of 
the order to reflect current business practices. Also, streamlining the 
nomination and selection process reduces the time required for 
completing the process annually, which would provide new members and 
alternates the opportunity to learn the details of the Committee's 
operations and business during their tenure.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the termination of the Letter of Acceptance was previously 
submitted to and approved by the Office of Management and Budget (OMB). 
As a result, the current number of hours associated with OMB No. 0581-
0189, Generic Fruit Crops, will remain the same: 7,786.71 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 addition, USDA has not identified any relevant Federal rules 
that duplicate, overlap, or conflict with this rule.
    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.
    The Committee's meetings, at which these proposals were discussed, 
were widely publicized throughout the California table grape industry. 
All interested persons were invited to attend the meetings and 
encouraged to participate in Committee deliberations on all issues. The 
Committee meetings were public, and all entities, both large and small, 
were encouraged to express their views on these proposals.
    A proposed rule concerning this action was published in the Federal 
Register on June 5, 2015 (80 FR 32043). Copies of the rule were mailed 
or sent via facsimile to all committee members and grape handlers. 
Finally, the rule was made available through the internet by USDA and 
the Office of the Federal Register. A 30-day comment period ending 
August 4, 2015, was provided to allow interested persons to respond to 
the proposals. No comments were received in response to the proposed 
order amendments.
    A proposed rule and referendum order was then issued on October 1, 
2015, and published in the Federal Register on October 7, 2015 (80 FR 
60570). This document directed that a referendum among table grape 
producers be conducted during the period January 21, 2016, through 
February 4, 2016, to determine whether they favor the proposed 
amendments to the order. To become effective, the amendments had to be 
approved by at least two-thirds of the producers voting, or two-thirds 
of the volume of table grapes represented by voters in the referendum. 
Both of the Committee's proposed amendments were favored by 100 percent 
of those voting in the referendum. The number of votes on the third 
amendment were exactly split 50 percent in favor of and 50 percent 
opposed. However, voters representing over two thirds of the volume 
voted in the referendum, did not favor the third proposed amendment.
    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/MarketingOrdersSmallBusinessGuide. Any questions 
about the compliance guide should be sent to Antoinette Carter at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.

Order Amending the Order Regulating the Handling of Grapes Grown in a 
Designated Area of Southeastern California

    (a) Findings and Determinations Upon the Basis of the Rulemaking 
Record.
    The findings hereinafter set forth are supplementary to the 
findings and determinations which were previously made in connection 
with the issuance of the marketing order; and all said previous 
findings and determinations are hereby ratified and affirmed, except 
insofar as such findings and determinations may be in conflict with

[[Page 44761]]

the findings and determinations set forth herein.
    1. The marketing order, as amended, and all of the terms and 
conditions thereof, will tend to effectuate the declared policy of the 
Act;
    2. The marketing order, as amended, and as hereby further amended, 
regulates the handling of table grapes grown in a Designated Area of 
Southeastern California in the same manner as, and is applicable only 
to, persons in the respective classes of commercial and industrial 
activity specified in the marketing order;
    3. The marketing order, as amended, is limited in application to 
the smallest regional production area which is practicable, consistent 
with carrying out the declared policy of the Act, and the issuance of 
several orders applicable to subdivisions of the production area would 
not effectively carry out the declared policy of the Act;
    4. The marketing order, as amended, prescribes, insofar as 
practicable, such different terms applicable to different parts of the 
production area as are necessary to give due recognition to the 
differences in the production and marketing of table grapes produced or 
packed in the production area; and
    5. All handling of table grapes produced in the production area as 
defined in the marketing order is in the current of interstate or 
foreign commerce or directly burdens, obstructs, or affects such 
commerce.
    (b) Additional Findings.
    The effective date for the amendments shall be 30 days after 
publication in the Federal Register.
    (c) Determinations. It is hereby determined that:
    1. Handlers (excluding cooperative associations of producers who 
are not engaged in processing, distributing, or shipping of table 
grapes covered under the order) who during the period January 1, 2015, 
through December 31, 2015, handled not less than 50 percent of the 
volume of such table grapes covered by said order, as hereby amended, 
have executed Marketing Agreements in support of Marketing Order 925, 
as amended.
    2. The issuance of this amendatory order, amending the aforesaid 
order, is favored or approved by at least two-thirds of the producers 
who participated in a referendum on the question of approval and who, 
during the period of January 1, 2015, through December 31, 2015, have 
been engaged within the production area in the production of such table 
grapes, such producers having also produced for market at least two-
thirds of the volume of such commodity represented in the referendum.
    3. The issuance of this amendatory order together with a signed 
marketing agreement advances the interests of growers of table grapes 
in the production area pursuant to the declared policy of the Act.

Order Relative to Handling

    It is therefore ordered, That on and after the effective date 
hereof, all handling of table grapes grown in a designated area of 
southeastern California shall be in conformity to, and in compliance 
with, the terms and conditions of the said order as hereby amended as 
follows:
    The provisions of the proposed marketing order amending the order 
contained in the proposed rule issued by the Associate Administrator on 
June 1, 2015, and published in the Federal Register on June 5, 2015 (80 
FR 32043), shall be and are the terms and provisions of this order 
amending the order and are set forth in full herein.

List of Subjects in 7 CFR Part 925

    Grapes, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 925 is 
amended as follows:

PART 925--GRAPES GROWN IN A DESIGNATED AREA OF SOUTHEASTERN 
CALIFORNIA

0
1. The authority citation for part 925 continues to read as follows:

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


0
2. Revise the first sentence of Sec.  925.21 to read as follows:


Sec.  925.21  Term of office.

    The term of office of the members and alternates shall be four 
fiscal periods. * * *

0
3. Revise Sec.  925.25 to read as follows:


Sec.  925.25  Qualification and acceptance.

    Any person selected as a member or alternate member of the 
Committee shall, prior to such selection, qualify by filing a 
qualifications questionnaire advising the Secretary that he or she 
agrees to serve in the position for which nominated.

    Dated: July 5, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-16330 Filed 7-8-16; 8:45 am]
 BILLING CODE P



                                                                                                                                                                                           44759

                                           Rules and Regulations                                                                                          Federal Register
                                                                                                                                                          Vol. 81, No. 132

                                                                                                                                                          Monday, July 11, 2016



                                           This section of the FEDERAL REGISTER                     Telephone: (202) 720–2491, Fax: (202)                 the petition, provided an action is filed
                                           contains regulatory documents having general             720–8938, or Email:                                   not later than 20 days after the date of
                                           applicability and legal effect, most of which            Geronimo.Quinones@ams.usda.gov or                     the entry of the ruling.
                                           are keyed to and codified in the Code of                 Michelle.Sharrow@ams.usda.gov.                           Section 1504 of the Food,
                                           Federal Regulations, which is published under               Small businesses may request                       Conservation, and Energy Act of 2008
                                           50 titles pursuant to 44 U.S.C. 1510.
                                                                                                    information on complying with this                    (2008 Farm Bill) (Pub. L. 110–246)
                                           The Code of Federal Regulations is sold by               regulation by contacting Antoinette                   amended section 18c(17) of the Act,
                                           the Superintendent of Documents. Prices of               Carter, Marketing Order and Agreement                 which in turn required the addition of
                                           new books are listed in the first FEDERAL                Division, Specialty Crops Program,                    supplemental rules of practice to 7 CFR
                                           REGISTER issue of each week.                             AMS, USDA, 1400 Independence                          part 900 (73 FR 49307; August 21,
                                                                                                    Avenue SW., STOP 0237, Washington,                    2008). The amendment of section
                                                                                                    DC 20250–0237; Telephone: (202) 720–                  18c(17) of the Act and additional
                                           DEPARTMENT OF AGRICULTURE                                2491, Fax: (202) 720–8938, or Email:                  supplemental rules of practice authorize
                                                                                                    Antoinette.Carter@ams.usda.gov.                       the use of informal rulemaking (5 U.S.C.
                                           Agricultural Marketing Service                                                                                 553) to amend Federal fruit, vegetable,
                                                                                                    SUPPLEMENTARY INFORMATION: This rule
                                                                                                    is issued under Marketing Agreement                   and nut marketing agreements and
                                           7 CFR Part 925                                                                                                 orders. USDA may use informal
                                                                                                    and Order No. 925, both as amended (7
                                           [Doc. No. AMS–FV–14–0049; FV14–925–3]                    CFR part 925), regulating the handling                rulemaking to amend marketing orders
                                                                                                    of table grapes grown in a designated                 based on the nature and complexity of
                                           Grapes Grown in a Designated Area of                     area of southeastern California,                      the proposed amendments, the potential
                                           Southeastern California; Order                           hereinafter referred to as the ‘‘order.’’             regulatory and economic impacts on
                                           Amending Marketing Order 925                             The order is effective under the                      affected entities, and any other relevant
                                           AGENCY:  Agricultural Marketing Service,                 Agricultural Marketing Agreement Act                  matters.
                                           USDA.                                                    of 1937, as amended (7 U.S.C. 601–674),                  AMS considered the nature and
                                           ACTION: Final rule.                                      hereinafter referred to as the ‘‘Act.’’ The           complexity of the proposed
                                                                                                    applicable rules of practice and                      amendments, the potential regulatory
                                           SUMMARY:   This final rule amends                        procedure governing the formulation of                and economic impacts on affected
                                           Marketing Agreement and Order No.                        marketing agreements and orders (7 CFR                entities, and other relevant matters, and
                                           925 (order), which regulates the                         part 900) authorize amendment of the                  determined that amending the order as
                                           handling of table grapes grown in a                      order through this informal rulemaking                proposed by the Committee could
                                           designated area of southeastern                          action.                                               appropriately be accomplished through
                                           California. The amendments approved                         The Department of Agriculture                      informal rulemaking.
                                           by producers in the referendum were                      (USDA) is issuing this rule in                           The proposed amendments were
                                           proposed by the California Desert Grape                  conformance with Executive Orders                     unanimously recommended by the
                                           Administrative Committee (Committee),                    12866, 13563, and 13175.                              Committee following deliberations at a
                                           which is responsible for the local                          This rule has been reviewed under                  public meeting held on November 5,
                                           administration of the order. The new                     Executive Order 12988, Civil Justice                  2013.
                                           amendments to the order will increase                    Reform. This rule is not intended to                     A proposed rule soliciting comments
                                           term lengths for Committee members                       have retroactive effect. This rule shall              on the proposed amendments was
                                           and alternates from one to four fiscal                   not be deemed to preclude, preempt, or                issued on June 1, 2015, and published
                                           periods and allow new members and                        supersede any State program covering                  in the Federal Register on June 5, 2015
                                           alternates to agree to accept their                      table grapes grown in southeastern                    (80 FR 32043). No comments were
                                           nominations prior to selection by the                    California.                                           received. A proposed rule and
                                           Secretary. These amendments are                             The Act provides that administrative               referendum order was issued on October
                                           intended to increase the Committee’s                     proceedings must be exhausted before                  1, 2015, and published in the Federal
                                           effectiveness and bolster industry                       parties may file suit in court. Under                 Register on October 7, 2015 (80 FR
                                           participation in Committee activities.                   section 608c(15)(A) of the Act, any                   60570). This document directed that a
                                           The amendment proposed by the                            handler subject to an order may file                  referendum among table grape
                                           Agricultural Marketing Service (AMS)                     with USDA a petition stating that the                 producers be conducted during the
                                           that would add authority for periodic                    order, any provision of the order, or any             period of January 21, 2016 through
                                           continuance referenda was not                            obligation imposed in connection with                 February 4, 2016, to determine whether
                                           approved in the referendum.                              the order is not in accordance with law               they favor the proposed amendments to
                                           DATES: This rule is effective August 10,                 and request a modification of the order               the order. To become effective, the
                                           2016.                                                    or to be exempted therefrom. A handler                amendments had to be approved by at
                                           FOR FURTHER INFORMATION CONTACT:                         is afforded the opportunity for a hearing             least two-thirds of the producers voting,
                                           Geronimo Quinones, Marketing                             on the petition. After the hearing, USDA              or two-thirds of the volume of table
ehiers on DSK5VPTVN1PROD with RULES




                                           Specialist, or Michelle P. Sharrow,                      would rule on the petition. The Act                   grapes represented by voters in the
                                           Rulemaking Branch Chief, Marketing                       provides that the district court of the               referendum. The amendments to
                                           Order and Agreement Division,                            United States in any district in which                increase the length of the term of office
                                           Specialty Crops Program, AMS, USDA,                      the handler is an inhabitant, or has his              for members and to allow members to
                                           1400 Independence Avenue SW., Stop                       or her principal place of business, has               accept their nominations prior to
                                           0237, Washington, DC 20250–0237;                         jurisdiction to review USDA’s ruling on               selection, which were recommended by


                                      VerDate Sep<11>2014   13:54 Jul 08, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4700   Sfmt 4700   E:\FR\FM\11JYR1.SGM   11JYR1


                                           44760               Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations

                                           the Committee were favored by 100                        alternates from one to four fiscal periods            were public, and all entities, both large
                                           percent of the growers voting in the                     and allow new members and alternates                  and small, were encouraged to express
                                           referendum. The number of votes on the                   of the Committee to agree to accept their             their views on these proposals.
                                           third amendment, which was proposed                      nominations before the selection                         A proposed rule concerning this
                                           by AMS, were exactly split 50 percent                    process begins.                                       action was published in the Federal
                                           in favor and 50 percent opposed.                            The Committee’s proposed                           Register on June 5, 2015 (80 FR 32043).
                                              The amendments included in this                       amendments were unanimously                           Copies of the rule were mailed or sent
                                           final rule will: (1) Increase the length of              recommended at a public meeting on                    via facsimile to all committee members
                                           the term of office for Committee                         November 5, 2013.                                     and grape handlers. Finally, the rule
                                           members and alternates from one to four                     The Committee believes these changes               was made available through the internet
                                           fiscal periods, and (2) allow new                        represent the needs of the Committee                  by USDA and the Office of the Federal
                                           members and alternates to agree to                       and industry. No economic impact is                   Register. A 30-day comment period
                                           accept their nominations prior to                        expected from these amendments                        ending August 4, 2015, was provided to
                                           selection by the Secretary.                              because they do not establish any                     allow interested persons to respond to
                                              The third amendment recommended                       regulatory requirements on handlers,                  the proposals. No comments were
                                           by AMS concerning periodic                               nor do they contain any assessment or                 received in response to the proposed
                                           continuance referenda was not                            funding implications. There is no                     order amendments.
                                           approved by producers in referendum.                     change in financial costs, reporting, or                 A proposed rule and referendum
                                           Final Regulatory Flexibility Analysis                    recordkeeping requirements.                           order was then issued on October 1,
                                                                                                       Alternatives to these proposals                    2015, and published in the Federal
                                              Pursuant to requirements set forth in                 included making no changes at this
                                           the Regulatory Flexibility Act (RFA) (5                                                                        Register on October 7, 2015 (80 FR
                                                                                                    time. However, the changes are                        60570). This document directed that a
                                           U.S.C. 601–612), the Agricultural                        necessary to improve administration of
                                           Marketing Service (AMS) has                                                                                    referendum among table grape
                                                                                                    the order to reflect current business                 producers be conducted during the
                                           considered the economic impact of this                   practices. Also, streamlining the
                                           action on small entities. Accordingly,                                                                         period January 21, 2016, through
                                                                                                    nomination and selection process                      February 4, 2016, to determine whether
                                           AMS has prepared this final regulatory                   reduces the time required for
                                           flexibility analysis.                                                                                          they favor the proposed amendments to
                                                                                                    completing the process annually, which                the order. To become effective, the
                                              The purpose of the RFA is to fit                      would provide new members and
                                           regulatory actions to the scale of                                                                             amendments had to be approved by at
                                                                                                    alternates the opportunity to learn the               least two-thirds of the producers voting,
                                           business subject to such actions in order                details of the Committee’s operations
                                           that small businesses will not be unduly                                                                       or two-thirds of the volume of table
                                                                                                    and business during their tenure.                     grapes represented by voters in the
                                           or disproportionately burdened.
                                           Marketing orders issued pursuant to the                  Paperwork Reduction Act                               referendum. Both of the Committee’s
                                           Act, and rules issued thereunder, are                       In accordance with the Paperwork                   proposed amendments were favored by
                                           unique in that they are brought about                    Reduction Act of 1995 (44 U.S.C.                      100 percent of those voting in the
                                           through group action of essentially                      Chapter 35), the termination of the                   referendum. The number of votes on the
                                           small entities acting on their own                       Letter of Acceptance was previously                   third amendment were exactly split 50
                                           behalf.                                                  submitted to and approved by the Office               percent in favor of and 50 percent
                                              Based on Committee data, there are                    of Management and Budget (OMB). As                    opposed. However, voters representing
                                           approximately 12 handlers of                             a result, the current number of hours                 over two thirds of the volume voted in
                                           southeastern California table grapes who                 associated with OMB No. 0581–0189,                    the referendum, did not favor the third
                                           are subject to regulation under the                      Generic Fruit Crops, will remain the                  proposed amendment.
                                           marketing order and approximately 38                     same: 7,786.71 hours.                                    A small business guide on complying
                                           table grape producers in the production                     As with all Federal marketing order                with fruit, vegetable, and specialty crop
                                           area. Small agricultural service firms are               programs, reports and forms are                       marketing agreements and orders may
                                           defined by the Small Business                            periodically reviewed to reduce                       be viewed at: http://www.ams.usda.gov/
                                           Administration (SBA) as those having                     information requirements and                          MarketingOrdersSmallBusinessGuide.
                                           annual receipts of less than $7,500,000                  duplication by industry and public                    Any questions about the compliance
                                           and small agricultural producers are                     sector agencies.                                      guide should be sent to Antoinette
                                           defined as those whose annual receipts                      In addition, USDA has not identified               Carter at the previously mentioned
                                           are less than $750,000 (13 CFR 121.201).                 any relevant Federal rules that                       address in the FOR FURTHER INFORMATION
                                              Seven of the 12 handlers subject to                   duplicate, overlap, or conflict with this             CONTACT section.
                                           regulation have annual table grape sales                 rule.                                                 Order Amending the Order Regulating
                                           of less than $7,500,000 according to                        AMS is committed to complying with                 the Handling of Grapes Grown in a
                                           USDA Market News Service and                             the E-Government Act, to promote the                  Designated Area of Southeastern
                                           Committee data. Based on information                     use of the internet and other                         California
                                           from the Committee and USDA’s Market                     information technologies to provide
                                           News Service, it is estimated that at                    increased opportunities for citizen                     (a) Findings and Determinations Upon
                                           least 9 of the 38 producers have annual                  access to Government information and                  the Basis of the Rulemaking Record.
                                           receipts of less than $750,000. Thus, it                 services, and for other purposes.                       The findings hereinafter set forth are
                                           may be concluded that a majority of                         The Committee’s meetings, at which                 supplementary to the findings and
                                           table grape handlers regulated under the                 these proposals were discussed, were                  determinations which were previously
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                                           order and about 9 of the producers                       widely publicized throughout the                      made in connection with the issuance of
                                           could be classified as small entities                    California table grape industry. All                  the marketing order; and all said
                                           under SBA definitions.                                   interested persons were invited to                    previous findings and determinations
                                              The amendments will provide the                       attend the meetings and encouraged to                 are hereby ratified and affirmed, except
                                           Committee with authority to increase                     participate in Committee deliberations                insofar as such findings and
                                           the term length for members and                          on all issues. The Committee meetings                 determinations may be in conflict with


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                                                               Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Rules and Regulations                                            44761

                                           the findings and determinations set                      commodity represented in the                           DEPARTMENT OF AGRICULTURE
                                           forth herein.                                            referendum.
                                              1. The marketing order, as amended,                     3. The issuance of this amendatory                   Agricultural Marketing Service
                                           and all of the terms and conditions                      order together with a signed marketing
                                           thereof, will tend to effectuate the                     agreement advances the interests of                    7 CFR Part 989
                                           declared policy of the Act;                              growers of table grapes in the                         [Doc. No. AMS–FV–14–0069; FV–14–989–2
                                              2. The marketing order, as amended,                   production area pursuant to the                        FR]
                                           and as hereby further amended,                           declared policy of the Act.
                                           regulates the handling of table grapes                                                                          Raisins Produced From Grapes Grown
                                           grown in a Designated Area of                            Order Relative to Handling                             in California; Order Amending
                                           Southeastern California in the same                         It is therefore ordered, That on and                Marketing Order 989
                                           manner as, and is applicable only to,                    after the effective date hereof, all
                                           persons in the respective classes of                                                                            AGENCY:  Agricultural Marketing Service,
                                                                                                    handling of table grapes grown in a                    USDA.
                                           commercial and industrial activity                       designated area of southeastern
                                           specified in the marketing order;                                                                               ACTION: Final rule.
                                                                                                    California shall be in conformity to, and
                                              3. The marketing order, as amended,                   in compliance with, the terms and                      SUMMARY:   This final rule amends
                                           is limited in application to the smallest                conditions of the said order as hereby                 Marketing Order No. 989 (order), which
                                           regional production area which is                        amended as follows:                                    regulates the handling of raisins
                                           practicable, consistent with carrying out                   The provisions of the proposed                      produced from grapes grown in
                                           the declared policy of the Act, and the                  marketing order amending the order                     California. The amendments approved
                                           issuance of several orders applicable to                 contained in the proposed rule issued                  by producers in the referendum were
                                           subdivisions of the production area                      by the Associate Administrator on June                 proposed by the Raisin Administrative
                                           would not effectively carry out the                      1, 2015, and published in the Federal                  Committee (Committee) which is
                                           declared policy of the Act;                              Register on June 5, 2015 (80 FR 32043),                comprised of producers and handlers of
                                              4. The marketing order, as amended,                   shall be and are the terms and                         raisins and responsible for the local
                                           prescribes, insofar as practicable, such                 provisions of this order amending the                  administration of the order. The changes
                                           different terms applicable to different                  order and are set forth in full herein.                will allow the Committee to borrow
                                           parts of the production area as are                                                                             from a commercial lending institution
                                           necessary to give due recognition to the                 List of Subjects in 7 CFR Part 925
                                                                                                                                                           and authorize the establishment of a
                                           differences in the production and                          Grapes, Marketing agreements,                        monetary reserve equal to up to one
                                           marketing of table grapes produced or                    Reporting and recordkeeping                            year’s budgeted expenses. Allowing the
                                           packed in the production area; and                       requirements.                                          Committee to utilize these customary
                                              5. All handling of table grapes                                                                              business practices will help improve
                                           produced in the production area as                         For the reasons set forth in the
                                                                                                    preamble, 7 CFR part 925 is amended as                 administration of the order.
                                           defined in the marketing order is in the
                                                                                                    follows:                                               DATES: This rule is effective July 12,
                                           current of interstate or foreign
                                           commerce or directly burdens,                                                                                   2016.
                                                                                                    PART 925—GRAPES GROWN IN A
                                           obstructs, or affects such commerce.                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                    DESIGNATED AREA OF
                                              (b) Additional Findings.                                                                                     Geronimo Quinones, Marketing
                                                                                                    SOUTHEASTERN CALIFORNIA
                                              The effective date for the amendments                                                                        Specialist, or Michelle P. Sharrow,
                                           shall be 30 days after publication in the                                                                       Rulemaking Branch Chief, Marketing
                                                                                                    ■ 1. The authority citation for part 925
                                           Federal Register.                                                                                               Order and Agreement Division,
                                                                                                    continues to read as follows:
                                              (c) Determinations. It is hereby                                                                             Specialty Crops Program, AMS, USDA,
                                           determined that:                                              Authority: 7 U.S.C. 601–674.                      1400 Independence Avenue SW., Stop
                                              1. Handlers (excluding cooperative                    ■ 2. Revise the first sentence of § 925.21             0237, Washington, DC 20250–0237;
                                           associations of producers who are not                    to read as follows:                                    Telephone: (202) 720–2491, Fax: (202)
                                           engaged in processing, distributing, or                                                                         720–8938, or Email:
                                           shipping of table grapes covered under                   § 925.21    Term of office.                            Geronimo.Quinones@ams.usda.gov or
                                           the order) who during the period                            The term of office of the members and               Michelle.Sharrow@ams.usda.gov.
                                           January 1, 2015, through December 31,                    alternates shall be four fiscal periods.                  Small businesses may request
                                           2015, handled not less than 50 percent                   * * *                                                  information on complying with this
                                           of the volume of such table grapes                                                                              regulation by contacting Antoinette
                                                                                                    ■    3. Revise § 925.25 to read as follows:            Carter, Marketing Order and Agreement
                                           covered by said order, as hereby
                                           amended, have executed Marketing                         § 925.25    Qualification and acceptance.              Division, Specialty Crops Program,
                                           Agreements in support of Marketing                                                                              AMS, USDA, 1400 Independence
                                                                                                       Any person selected as a member or                  Avenue SW., STOP 0237, Washington,
                                           Order 925, as amended.                                   alternate member of the Committee
                                              2. The issuance of this amendatory                                                                           DC 20250–0237; Telephone: (202) 720–
                                                                                                    shall, prior to such selection, qualify by             2491, Fax: (202) 720–8938, or Email:
                                           order, amending the aforesaid order, is                  filing a qualifications questionnaire
                                           favored or approved by at least two-                                                                            Antoinette.Carter@ams.usda.gov.
                                                                                                    advising the Secretary that he or she
                                           thirds of the producers who participated                 agrees to serve in the position for which              SUPPLEMENTARY INFORMATION: This rule
                                           in a referendum on the question of                       nominated.                                             is issued under Marketing Agreement
                                           approval and who, during the period of                                                                          and Order No. 989, both as amended (7
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                                           January 1, 2015, through December 31,                      Dated: July 5, 2016.                                 CFR part 989), regulating the handling
                                           2015, have been engaged within the                       Elanor Starmer,                                        of raisins produced from grapes grown
                                           production area in the production of                     Administrator, Agricultural Marketing                  in California, hereinafter referred to as
                                           such table grapes, such producers                        Service.                                               the ‘‘order.’’ The order is effective under
                                           having also produced for market at least                 [FR Doc. 2016–16330 Filed 7–8–16; 8:45 am]             the Agricultural Marketing Agreement
                                           two-thirds of the volume of such                         BILLING CODE P                                         Act of 1937, as amended (7 U.S.C. 601–


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Document Created: 2016-07-09 00:21:51
Document Modified: 2016-07-09 00:21:51
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThis rule is effective August 10, 2016.
ContactGeronimo Quinones, Marketing Specialist, or Michelle P. Sharrow, Rulemaking Branch Chief, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., Stop 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected] or [email protected]
FR Citation81 FR 44759 
CFR AssociatedGrapes; Marketing Agreements and Reporting and Recordkeeping Requirements

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