83 FR 53965 - Raisins Produced From Grapes Grown in California; Order Amending Marketing Order No. 989
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 208 (October 26, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 208 (October 26, 2018)
| Page Range | 53965-53974 | |
| FR Document | 2018-23089 |
[Federal Register Volume 83, Number 208 (Friday, October 26, 2018)] [Rules and Regulations] [Pages 53965-53974] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-23089] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations [[Page 53965]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Doc. No. AO-FV-16-0016; AMS-SC-16-0011; SC16-989-1] Raisins Produced From Grapes Grown in California; Order Amending Marketing Order No. 989 AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends Marketing Order No. 989 (Order), which regulates the handling of raisins produced from grapes grown in California. Five amendments were proposed by the Raisin Administrative Committee (RAC) and three were proposed by the Agricultural Marketing Service (AMS). Seven of the eight proposed amendments were favored by California raisin growers in a mail referendum, held December 4 through 15, 2017. This final rule also makes administrative revisions to subpart headings to bring the language into conformance with the Office of Federal Register requirements. DATES: This rule is effective November 26, 2018. ADDRESSES: Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, Stop 0237, Washington, DC 20250-0237. FOR FURTHER INFORMATION CONTACT: Melissa Schmaedick, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, Post Office Box 952, Moab, UT 84532; Telephone: (202) 557-4783, Fax: (435) 259- 1502, or Michelle Sharrow, 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: Melissa.Schmaedick@ams.usda.gov or Michelle.Sharrow@ams.usda.gov. Small businesses may request information on this proceeding by contacting Richard Lower, 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: Richard.Lower@ams.usda.gov. SUPPLEMENTARY INFORMATION: Prior documents in this proceeding: Notice of Hearing issued on April 14, 2016, and published in the April 22, 2016, issue of the Federal Register (81 FR 23650) and a Recommended Decision issued on May 3, 2017, and published in the May 31, 2017, issue of the Federal Register (82 FR 24882); and a Secretary's Decision and Referendum Order issued September 19, 2017, and published in the September 29, 2017, issue of the Federal Register (82 FR 45517). 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 Orders 12866, 13563, and 13175. Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See the Office of Management and Budget's (OMB) Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). Notice of this rulemaking action was provided to tribal governments through the Department of Agriculture's (USDA) Office of Tribal Relations. Preliminary Statement This action, pursuant to 5 U.S.C. 556 and 557, finalizes amendments to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This rule is issued under Marketing Order No. 989, as amended (7 CFR part 989), regulating the handling of raisins produced from grapes grown in California. Part 989 (referred to as 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.'' This rule is formulated on the record of a public hearing held on May 3 and 4, 2016, in Clovis, California. The hearing was held pursuant to the provisions of the Act, and the applicable rules of practice and procedure governing the formulation and amendment of marketing agreements and orders (7 CFR part 900). Notice of this hearing was published in the Federal Register on April 22, 2016 (81 FR 23650). The notice of hearing contained five proposals submitted by the RAC and three proposals by AMS. Upon the basis of evidence introduced at the hearing and the record thereof, the Administrator of AMS on May 3, 2017, filed with the Hearing Clerk, USDA, a Recommended Decision and Opportunity to File Written Exceptions thereto by June 30, 2017. One exception was filed. The exception filed opposed the proposed amendment to establish term limits. A Secretary's Decision and Referendum Order was issued on September 29, 2017, directing that a referendum be conducted during the period of December 4 through 17, 2017, among eligible California raisin growers to determine whether they favored the proposed amendments to the Order. To become effective, the amendments had to be approved by at least two- thirds of those growers voting, or by voters representing at least two- thirds of the volume of raisins represented by voters voting in the referendum. The approved amendments were favored by over ninety percent of the growers voting in the referendum, representing over ninety percent of the total volume of raisins produced by those voting. The failed amendment was opposed by ninety-three percent of those voting and ninety-five percent of the represented volume. The amendments favored by voters and included in this final order will: Authorize production research; establish new nomination procedures for independent grower member and alternate member seats; add authority to regulate quality; add authority to establish different regulations for different market destinations; add a continuance referenda requirement; and remove volume regulation and reserve pool authority from the Order. USDA also made changes as were necessary to conform the Order provisions to the effectuated [[Page 53966]] amendments. Conforming changes and corrections proposed by USDA include: Revising all references of ``offgrade'' to ``off-grade''; revising all references of ``nonnormal'' to ``non-normal''; and, revising all references of ``committee'' to ``Committee.'' These corrections will result in consistent spelling of these terms throughout the Order. Also in this final rule, USDA will revise the amendment of Sec. 989.58(d) from ``interplant'' and ``interhandler'' to ``inter-plant'' and ``inter-handler'' as it appears in amended Sec. 989.59(e). In addition, the words ``Processed Products Standardization and Inspection Branch'' in Sec. Sec. 989.58(d) and 989.59(d) will be changed to ``Specialty Crops Inspection Division.'' Similarly, ``Processed Products Branch, Fruit and Vegetable Division'' in Sec. 989.102 will be changed to ``Specialty Crops Inspection Division.'' These corrections will reflect the official name change of the AMS's inspection service office for fruit, vegetables and specialty crops. Lastly, an additional correction will change the amendatory language in Sec. Sec. 989.55, 989.56, 989.65, 989.66, 989.67, 989.71, 989.72, 989.82, 989.154, 989.156, 989.166, 989.167, 989.221, 989.257 and 989.401, from ``remove'' to ``remove and reserve.'' This change will prevent the unintentional renumbering of remaining sections of the Order. The amended marketing agreement was subsequently mailed to all raisin handlers in the production area for their approval. The marketing agreement was approved by handlers representing more than 50 percent of the volume of raisins handled by all handlers during the August 1, 2016, through July 31, 2017, representative period. Consequently, a companion handler agreement will also be established. Small Business Consideration Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA), 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 businesses subject to such actions so that small businesses will not be unduly or disproportionately burdened. Marketing orders and amendments thereto are unique in that they are normally brought about through group action of essentially small entities for their own benefit. According to the hearing transcript, there are approximately 3,000 raisin producers in California. According to National Agricultural Statistics Service data presented at the hearing, the total value of production of raisins in the 2014/15 crop year is $598,052,000. Taking the total value of production for raisins and dividing it by the total number of raisin producers provides an average return per producer of $199,950.67. A small producer as defined by the Small Business Administration (SBA) (13 CFR 121.201) is one that grosses less than $750,000 annually. Therefore, a majority of raisin producers are considered small entities under SBA's standards. According to the industry, there were 23 raisin handlers for the 2015/16 crop year. While individual handling operation information is proprietary, both testimonies offered by handler witnesses and an assessment of total value of dried production leads USDA to conclude that 13 handlers would be considered small entities under SBA's standards. According to the record, two of the 23 handlers handled roughly 60 percent of total production during the 2015/16 crop year. A calculation using the 2014 total value of production of $598,052,000 puts the value handled by the cooperatives at $358,831,200 ($598,052,000 x 60 percent) and the value handled by all other handlers at $239,220,800. With 21 non-cooperative handlers remaining, $239,220,800 divided by that number results in an average handler receipt of $11,391,467. Assuming a normal bell-curve distribution, coupled with the number of handlers self- identifying at the hearing as small business entities, USDA accepts the Committee's assertion that 13 handlers fall under the SBA definition of small agricultural service firm. A small agricultural service firm as defined by the SBA is one that grosses less than $7,500,000 annually. Thus, slightly more than half of the industry's handlers are considered small entities under SBA's standards. The production area regulated under the Order covers the state of California. Acreage devoted to raisin production in the regulated area has declined in recent years. According to data presented at the hearing, bearing acreage for raisins reached a high of 280,000 acres during the 2000/01 crop year. Since then, bearing acreage for raisins has decreased 32 percent to 190,000 acres in 2014/15. As a result, the total production of raisins reached a high during the 2000/01 crop year of 484,500 tons (dried basis). Since the 2000/01 crop year, total production for raisins has decreased 32 percent to 328,600 tons in 2014/15. During the hearing held May 3 and 4, 2016, interested persons were invited to present evidence on the probable regulatory and information collection impact of the proposed amendments to the Order on small businesses. The evidence presented at the hearing shows that none of the proposed amendments would have any burdensome effects or a significant economic impact on a substantial number of small agricultural producers or firms. Material Issues Material Issue Number 1--Authorize Production Research This action amends Sec. 989.53 to authorize production research. Currently, the California Raisin Marketing Board (CRMB) is the funding source for production research for the California raisin industry. Three years ago, payments of assessments to the CRMB were suspended due to the results of litigation. Without funding, the CRMB has been unable to conduct any new production research projects. The amendment to Sec. 989.53 will authorize the RAC to conduct production research without having to rely on the CRMB for funding. Witnesses stated that future research could potentially impact producers in many ways, such as reducing pesticide usage or the development of new varieties that are less labor intensive. Production research will provide the raisin industry the ability to meet the needs of the ever changing domestic and international markets. According to a witness's testimony, the benefits of the proposed amendment will outweigh any costs and will not have a significant impact on a substantial number of small entities. Material Issue Number 2--Authorize Separate Nominations for Independent Producer Member and Independent Producer Alternate Member Seats This action amends Sec. Sec. 989.29 and 989.129 to authorize separate nominations for independent producer members and independent producer alternate member seats. Currently, the RAC has difficulty filling Committee seats designated for independent producer members and independent producer alternate members. Independent producer alternate member seats have gone unfilled for several consecutive years. According to witnesses' testimony, this amendment will increase the participation of independent producers willing to participate on the RAC. Allowing for separate nominations for members and alternates will encourage participation by those who wish to serve in one capacity and not the other. Full participation would give the independent producers full [[Page 53967]] representation on the Board they represented and a voice in RAC decisions. It is determined that the benefits of increased RAC participation by independent producers will outweigh any costs associated with the implementation of this amendment. Material Issue Number 3--Add Authority To Regulate Quality This action will amend Sec. Sec. 989.58, 989.59 and 989.61 to add authority to regulate quality under the Order. A corresponding change will also revise the heading prior to Sec. 989.58 to include quality. Currently, Sec. Sec. 989.58 and 989.59 state that the RAC has the authority to recommend grade and condition standards under the Order. The attribute ``quality'' is not specifically mentioned. The amendment will add language to include ``quality'' as an attribute that can be regulated under the Order. According to a witness at the hearing, the amendment will give the RAC flexibility to ensure consumer safety by setting quality standards for residue levels for herbicides, pesticides or fungicides. The quality standards will be equally applied to all handlers of raisins within the U.S.; some handlers are already testing for certain types of fungicides so the increased costs will be minimal. It is determined that the additional costs incurred to regulate quality will be greatly outweighed by the increased flexibility for the industry, increased consumer safety, and other benefits gained from implementing this amendment. The costs of implementing it will not have a significant impact on a substantial number of small entities. Material Issue Number 4--Add Authority To Establish Different Regulations for Different Markets This action will amend Sec. 989.59 to add authority to establish different regulations for different markets. The Order does not currently allow for different quality or grade standards to be applied to different foreign markets. The language in the Order only has two classifications for grade and condition standards, Grade A or Grade B. The current grade and condition standards are consistent across all markets. This amendment will give the RAC the authority to develop requirements for raisins intended for export to different foreign markets. Industry will have the flexibility to tailor product attributes to meet the foreign consumer profile and the customer demands for each individual market. It is determined that any additional costs incurred for this amendment will be outweighed by the increased flexibility for the industry to respond to a changing global marketplace. The costs of implementing this amendment will not have a significant impact on a substantial number of small entities. Material Issue Number 5--Continuance Referenda This action will amend Sec. 989.91 to require continuance referenda. The amendment will require the USDA to conduct a continuance referendum between year five and year six after implementation for the first referendum, and every six years thereafter. A witness testified that a continuance referendum is the best tool for assuring that the Order remains responsive to the needs of the industry. While a continuance referendum will not directly improve producer returns, it will indirectly ensure that the industry believes that the Order is operating in the producer's best interest. For these reasons, it is determined that the benefits of conducting a continuance referendum will outweigh the potential costs of implementing this amendment. The costs of implementing this amendment will be minimal and will not have a significant impact on a substantial number of small entities. Material Issue Number 6--Remove Volume Regulations and Reserve Pool Authority This action will amend the Order to remove volume regulation and reserve pool authority. This will include: deleting and reserving Sec. Sec. 989.55 and 989.56, Sec. Sec. 989.65 through 989.67, Sec. Sec. 989.71, 989.72, 989.82, 989.154, 989.156, 989.166, 989.167, 989.221, 989.257, and 989.401; revising Sec. Sec. 989.11, 989.53, 989.54, 989.58, 989.59, 989.60, 989.73, 989.79, 989.80, 989.84, 989.158, 989.173, and 989.210; and re-designating Sec. 989.70 as Sec. 989.96. Corresponding changes will also remove the following headings: ``Volume Regulation'' prior to Sec. 989.65; ``Volume Regulation'' prior to Sec. 989.166; and, ``Subpart-Schedule of Payments'' prior to Sec. 989.401. The amendment will remove all authority for the RAC to recommend volume restrictions and a reserve pool. On June 22, 2015, the United States Supreme Court, in Horne v. USDA, ruled that the application of the Order's reserve pool authority to the Horne's was a taking under the Fifth Amendment to the U.S. Constitution. In a July 16, 2015, letter to the RAC, USDA stated, ``In light of the Horne decision, the U.S. Department of Agriculture has decided not to authorize the reserve program of the Federal marketing order for California raisins for the foreseeable future, effective immediately.'' One witness at the hearing explained that bearing acres have declined the past ten years, which supports the theory that the California raisin industry is adjusting to a decreasing or flat demand for the product. The witness stated that, in the future, supply will likely remain in better balance with demand and, therefore, the reserve pool and volume regulation are no longer as relevant as they were in higher production times. To further the point, the witness stated that the Order's reserve pool authority has not been utilized since 2010. The amendment will be a relaxation of regulatory requirements. For this reason, it is determined that no significant impact on small business entities is anticipated from this change. The costs attributed to these amendments are minimal; therefore, there will not be a significant impact on a substantial number of small entities. USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. These amendments are intended to improve the operation and administration of the Order and to assist in the marketing of California raisins. RAC meetings regarding these amendments, as well as the hearing date and location, were widely publicized throughout the California raisin industry, and all interested persons were invited to attend the meetings and the hearing to participate in RAC deliberations on all issues. All RAC meetings and the hearing were public forums, and all entities, both large and small, were able to express views on these issues. Finally, interested persons were invited to submit information on the regulatory and information collection impacts of this action on small businesses. Paperwork Reduction Act Current information collection requirements for Part 989 are approved by OMB, under OMB Number 0581-0189--``Generic OMB Fruit Crops.'' No changes are anticipated in these requirements as a result of this proceeding. Should any such changes become necessary, they will be submitted to OMB for approval. 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. AMS is committed to complying with the Government Paperwork Elimination [[Page 53968]] Act, which requires Government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. 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. Civil Justice Reform The amendments to the Order stated herein have been reviewed under Executive Order 12988, Civil Justice Reform. They are not intended to have retroactive effect. The amendments do not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with 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 no later than 20 days after the date of entry of the ruling. Order Amending the Order Regulating the Handling of Raisins Produced From Grapes Grown in California 1 --------------------------------------------------------------------------- \1\ This order shall not become effective unless and until the requirements of Sec. 900.14 of the rules of practice and procedure governing proceedings to formulate marketing agreements and marketing orders have been met. --------------------------------------------------------------------------- Findings and Determinations The findings and determinations hereinafter set forth are supplementary to the findings and determinations that 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 the findings and determinations set forth herein. (a) Findings and Determinations Upon the Basis of the Hearing Record Pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), and the applicable rules of practice and procedure effective thereunder (7 CFR part 900), a public hearing was held upon further amendment of Marketing Order No. 989, regulating the handling of raisins produced from grapes grown in California. Upon the basis of the record, it is found that: (1) The Order, as amended, and as hereby further amended, and all of the terms and conditions thereof, would tend to effectuate the declared policy of the Act; (2) The Order, as amended, and as hereby further amended, regulates the handling of raisins produced from grapes grown in the production area in the same manner as, and are applicable only to, persons in the respective classes of commercial and industrial activity specified in the Order upon which a hearing has been held; (3) The Order, as amended, and as hereby further amended, is limited in its application to the smallest regional production area that 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 Order, as amended, and as hereby further 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 raisins produced from grapes grown in California; and (5) All handling of raisins produced from grapes grown in the production area as defined in the Order is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce. (b) Determinations. It is hereby determined that: (1) Handlers (excluding cooperative associations of growers who are not engaged in processing, distributing, or shipping raisins covered by the Order as hereby amended) who, during the period August 1, 2016, through July 31, 2017, handled 50 percent or more of the volume of such raisins covered by said Order, as hereby amended, have signed an amended marketing agreement; (2) The issuance of this amendatory Order, further amending the aforesaid Order, was favored or approved by at least two-thirds of the growers who participated in a referendum on the question of approval and who, during the period of August 1, 2016, through July 31, 2017 (which has been deemed to be a representative period), have been engaged within the production area in the production of such raisins, such growers having also produced for market at least two-thirds of the volume of such commodity represented in the referendum; and (3) The issuance of this amendatory Order advances the interests of producers of raisins 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 raisins produced from grapes grown in 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 amendments to the Order contained in the Secretary's Decision issued September 19, 2017, and published in the September 29, 2017, issue of the Federal Register (82 FR 45517), with the exception of the proposal to establish term limits, will 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 989 Raisins, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set out in the preamble, 7 CFR part 989 is amended as follows: 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. Subpart Redesignated as Subpart A 0 2. Designate the subpart labeled ``Order Regulating Handling'' as subpart A. 0 3. Section 989.11 is revised to read as follows: Sec. 989.11 Producer. Producer means any person engaged in a proprietary capacity in the production of grapes which are sun-dried or dehydrated by artificial means until they become raisins. 0 4. In Sec. 989.29: 0 a. Revise paragraph (b)(2)(ii); 0 b. Redesignate paragraph (b)(2)(iii) as paragraph (b)(2)(iv); 0 c. Add new paragraph (b)(2)(iii); and [[Page 53969]] 0 d. Revise newly redesignated paragraph (b)(2)(iv). The revisions and addition read as follows: Sec. 989.29 Initial members and nomination of successor members. * * * * * (b) * * * (2) * * * (ii) Each such producer whose name is offered in nomination for producer member positions 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. Similarly, each such producer whose name is offered in nomination for producer alternate member positions 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 in each district. The producer member candidate receiving the highest number of votes shall be designated as the first member nominee, the second highest shall be designated as the second member nominee until nominees for all producer member positions have been filled. Similarly, the producer alternate member candidate receiving the highest number of votes shall be designated as the first alternate member nominee, the second highest shall be designated as the second alternate member nominee until nominees for all member positions have been filled. (iii) In the event that there are more producer member nominees than positions to be filled and not enough producer alternate member nominees to fill all positions, producer member nominees not nominated for a member seat may be nominated to fill vacant alternate member seats. Member seat nominees shall indicate, prior to the nomination vote, whether they are willing to accept nomination for an alternate seat in the event they are not nominated for a member seat and there are vacant alternate member seats. Member seat nominees that do not indicate willingness to be considered for vacant alternate member seats shall not be considered. (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 5. In Sec. 989.53, revise the introductory text of paragraph (a), and remove the undesignated paragraph that follows paragraph (a)(5) to read as follows: Sec. 989.53 Research and development. (a) General. The Committee, with the approval of the Secretary, may establish or provide for the establishment of projects involving production research, market research and development, marketing promotion including paid advertising, designed to assist, improve, or promote the production, marketing, distribution, and consumption of raisins in domestic and foreign markets. These projects may include, but need not be limited to those designed to: * * * * * 0 6. In Sec. 989.54: 0 a. Remove paragraphs (a) through (d) and (g); 0 b. Remove paragraph (e)(4); 0 c. Redesignate paragraphs (e)(5) through (e)(10) as (e)(4) through (e)(9), respectively; 0 d. Redesignate paragraphs (e), (f), and (h) as paragraphs (a), (b), and (c), respectively; and 0 e. Revise newly redesignated paragraphs (a) introductory text, (a)(1), (a)(4), (a)(5) and (c). The revisions read as follows: Sec. 989.54 Marketing policy. (a) Marketing policy. Each crop year, the Committee shall prepare and submit to the Secretary a report setting forth its recommended marketing policy, including quality regulations for the pending crop. In developing the marketing policy, the Committee may give consideration to the production, harvesting, processing, and storage conditions of that crop, as well as the following factors: (1) The estimated tonnage held by producers and handlers at the beginning of the crop year; * * * * * (4) An estimated desirable carryout at the end of the crop year; (5) The estimated market demand for raisins, considering the estimated world raisin supply and demand situation; * * * * * (c) Publicity. The Committee shall promptly give reasonable publicity to producers, dehydrators, handlers, and the cooperative bargaining association(s) of each meeting to consider a marketing policy or any modification thereof, and each such meeting shall be open to them. Similar publicity shall be given to producers, dehydrators, handlers, and the cooperative bargaining association(s) of each marketing policy report or modification thereof, filed with the Secretary and of the Secretary's action thereon. Copies of all marketing policy reports shall be maintained in the office of the Committee, where they shall be made available for examination by any producer, dehydrator, handler, or cooperative bargaining association representative. The Committee shall notify handlers, dehydrators and the cooperative bargaining association(s), and give reasonable publicity to producers of its computation. Sec. Sec. 989.55 and 989.56 [Removed and reserved] 0 7. Sections 989.55 and 989.56 are removed and reserved. 0 8. Revise the undesignated heading prior to Sec. 989.58 to read as follows: ``Grade, Quality, and Condition Standards''. 0 9. In Sec. 989.58, revise paragraphs (a), (b), (d)(1), (e)(1), and (e)(4) to read as follows: Sec. 989.58 Natural condition raisins. (a) Regulation. No handler shall acquire or receive natural condition raisins which fail to meet such minimum grade, quality, and condition standards as the Committee may establish, with the approval of the Secretary, in applicable rules and regulations: Provided, That a handler may receive raisins for inspection, may receive off-grade raisins for reconditioning and may receive or acquire off-grade raisins for use in eligible non-normal outlets: And provided further, That a handler may acquire natural condition raisins which [[Page 53970]] exceed the tolerance established for maturity under a weight dockage system established pursuant to rules and regulations recommended by the Committee and approved by the Secretary. Nothing contained in this paragraph shall apply to the acquisition or receipt of natural condition raisins of a particular varietal type for which minimum grade, quality, and condition standards are not applicable or then in effect pursuant to this part. (b) Changes in minimum grade, quality, and condition standards for natural condition raisins. The Committee may recommend to the Secretary changes in the minimum grade, quality, and condition standards for natural condition raisins of any varietal type and may recommend to the Secretary that minimum grade, quality, and condition standards for any varietal type be added to or deleted. The Committee shall submit with its recommendation all data and information upon which it acted in making its recommendation, and such other information as the Secretary may request. The Secretary shall approve any such change if he finds, upon the basis of data submitted to him by the Committee or from other pertinent information available to him, that to do so would tend to effectuate the declared policy of the Act. * * * * * (d) * * * (1) Each handler shall cause an inspection and certification to be made of all natural condition raisins acquired or received by him, except with respect to: (i) An inter-plant or inter-handler transfer of off-grade raisins as described in paragraph (e)(2) of this section, unless such inspection and certification are required by rules and procedures made effective pursuant to this amended subpart; (ii) An inter-plant or inter-handler transfer of standard raisins as described in Sec. 989.59(e); (iii) Raisins received from a dehydrator which have been previously inspected pursuant to paragraph (d)(2) of this section; (iv) Any raisins for which minimum grade, quality, and condition standards are not then in effect; (v) Raisins received from a cooperative bargaining association which have been inspected and are in compliance with requirements established pursuant to paragraph (d)(3) of this section; and (vi) Any raisins, if permitted in accordance with such rules and procedures as the Committee may establish with the approval of the Secretary, acquired or received for disposition in eligible non-normal outlets. Except as otherwise provided in this section, prior to blending raisins, acquiring raisins, storing raisins, reconditioning raisins, or acquiring raisins which have been reconditioned, each handler shall obtain an inspection certification showing whether or not the raisins meet the applicable grade, quality, and condition standards: Provided, That the initial inspection for infestation shall not be required if the raisins are fumigated in accordance with such rules and procedures as the Committee shall establish with the approval of the Secretary. The handler shall submit or cause to be submitted to the Committee a copy of such certification, together with such other documents or records as the Committee may require. Such certification shall be issued by inspectors of the Processed Products Standardization and Inspection Branch of the U.S. Department of Agriculture, unless the Committee determines, and the Secretary concurs in such determination, that inspection by another agency would improve the administration of this amended subpart. The Committee may require that raisins held on memorandum receipt be re-inspected and certified as a condition for their acquisition by a handler. * * * * * (e) * * * (1) Any natural condition raisins tendered to a handler which fail to meet the applicable minimum grade, quality, and condition standards may: (i) Be received or acquired by the handler for disposition, without further inspection, in eligible non-normal outlets; (ii) Be returned unstemmed to the person tendering the raisins; or (iii) Be received by the handler for reconditioning. Off-grade raisins received by a handler under any one of the three described categories may be changed to any other of the categories under such rules and procedures as the Committee, with the approval of the Secretary, shall establish. No handler shall ship or otherwise dispose of off-grade raisins which he does not return to the tenderer, transfer to another handler as provided in paragraph (e)(2) of this section, or recondition so that they at least meet the minimum standards prescribed in or pursuant to this amended subpart, except into eligible non-normal outlets. * * * * * (4) If the handler is to acquire the raisins after they are reconditioned, his obligation with respect to such raisins shall be based on the weight of the raisins (if stemmed, adjusted to natural condition weight) after they have been reconditioned. * * * * * 0 10. In Sec. 989.59, revise paragraphs (a), (b), (d), (e), and (g) to read as follows: Sec. 989.59 Regulation of the handling of raisins subsequent to their acquisition by handlers. (a) Regulation. Unless otherwise provided in this part, no handler shall: (1) Ship or otherwise make final disposition of natural condition raisins unless they at least meet the effective and applicable minimum grade, quality, and condition standards for natural condition raisins; or (2) Ship or otherwise make final disposition of packed raisins unless they at least meet such minimum grade quality, and condition standards established by the Committee, with the approval of the Secretary, in applicable rules and regulations or as later changed or prescribed pursuant to the provisions of paragraph (b) of this section: Provided, That nothing contained in this paragraph shall prohibit the shipment or final disposition of any raisins of a particular varietal type for which minimum standards are not applicable or then in effect pursuant to this part. And provided further, That a handler may grind raisins, which do not meet the minimum grade, quality, and condition standards for packed raisins because of mechanical damage or sugaring, into a raisin paste. The Committee may establish, with approval of the Secretary, different grade, quality, and condition regulations for different markets. (b) Changes to minimum grade, quality, or condition standards. The Committee may recommend changes in the minimum grade, quality, or condition standards for packed raisins of any varietal type and may recommend to the Secretary that minimum grade, quality, or condition standards for any varietal type be added or deleted. The Committee shall submit with its recommendation all data and information upon which it acted in making its recommendation, and such other information as the Secretary may request. The Secretary shall approve any such change if he finds, upon the basis of data submitted to him by the Committee or from other pertinent information available to him, that to do so would tend to effectuate the declared policy of the Act. * * * * * (d) Inspection and certification. Unless otherwise provided in this [[Page 53971]] section, each handler shall, at his own expense, before shipping or otherwise making final disposition of raisins, cause an inspection to be made of such raisins to determine whether they meet the then applicable minimum grade, quality, and condition standards for natural condition raisins or the then applicable minimum standards for packed raisins. Such handler shall obtain a certificate that such raisins meet the aforementioned applicable minimum standards and shall submit or cause to be submitted to the Committee a copy of such certificate together with such other documents or records as the Committee may require. The certificate shall be issued by the Processed Products Standardization and Inspection Branch of the United States Department of Agriculture, unless the Committee determines, and the Secretary concurs in such determination, that inspection by another agency will improve the administration of this amended subpart. Any certificate issued pursuant to this paragraph shall be valid only for such period of time as the Committee may specify, with the approval of the Secretary, in appropriate rules and regulations. (e) Inter-plant and inter-handler transfers. Any handler may transfer from his plant to his own or another handler's plant within the State of California any raisins without having had such raisins inspected as provided in paragraph (d) of this section. The transferring handler shall transmit promptly to the Committee a report of such transfer, except that transfers between plants owned or operated by the same handler need not be reported. Before shipping or otherwise making final disposition of such raisins, the receiving handler shall comply with the requirements of this section. * * * * * (g) Exemption of experimental and specialty packs. The Committee may establish, with the approval of the Secretary, rules and procedures providing for the exemption of raisins in experimental and specialty packs from one or more of the requirements of the minimum grade, quality, or condition standards of this section, together with the inspection and certification requirements if applicable. 0 11. Amend Sec. 989.60 by revising paragraph (a) to read as follows: Sec. 989.60 Exemption. (a) Notwithstanding any other provisions of this amended subpart, the Committee may establish, with the approval of the Secretary, such rules and procedures as may be necessary to permit the acquisition and disposition of any off-grade raisins, free from any or all regulations, for uses in non-normal outlets. * * * * * 0 12. Section 989.61 is revised to read as follows: Sec. 989.61 Above parity situations. The provisions of this part relating to minimum grade, quality, and condition standards and inspection requirements, within the meaning of section 2(3) of the Act, and any other provisions pertaining to the administration and enforcement of the Order, shall continue in effect irrespective of whether the estimated season average price to producers for raisins is in excess of the parity level specified in section 2(1) of the Act. 0 13. Remove the undesignated heading ``Volume Regulation'' prior to Sec. 989.65. Sec. Sec. 989.65, 989.66, and 989.67 [Removed and reserved] 0 14. Sections 989.65, 989.66, and 989.67 are removed and reserved. Sec. 989.70 [Redesignated as Sec. 989.96] 0 15. Redesignate Sec. 989.70 as Sec. 989.96. Sec. Sec. 989.71 and 989.72 [Removed and reserved] 0 16. Sections 989.71 and 989.72 are removed and reserved. 0 17. Amend Sec. 989.73 by revising paragraph (b) to read as follows: Sec. 989.73 Reports. * * * * * (b) Acquisition reports. Each handler shall submit to the Committee in accordance with such rules and procedures as are prescribed by the Committee, with the approval of the Secretary, certified reports, for such periods as the Committee may require, with respect to his acquisitions of each varietal type of raisins during the particular period covered by such report, which report shall include, but not be limited to: (1) The total quantity of standard raisins acquired; (2) The total quantity of off-grade raisins acquired pursuant to Sec. 989.58(e)(1)(i); and (3) Cumulative totals of such acquisitions from the beginning of the then current crop year to and including the end of the period for which the report is made. Upon written application made to the Committee, a handler may be relieved of submitting such reports after completing his packing operations for the season. Upon request of the Committee, each handler shall furnish to the Committee, in such manner and at such times as it may require, the name and address of each person from whom he acquired raisins and the quantity of each varietal type of raisins acquired from each such person. * * * * * 0 18. Section 989.79 is revised to read as follows: Sec. 989.79 Expenses. The Committee is authorized to incur such expenses as the Secretary finds are reasonable and likely to be incurred by it during each crop year, for the maintenance and functioning of the Committee and for such purposes as he may, pursuant to this subpart, determine to be appropriate. The funds to cover such expenses shall be obtained levying assessments as provided in Sec. 989.80. The Committee shall file with the Secretary for each crop year a proposed budget of these expenses and a proposal as to the assessment rate to be fixed pursuant to Sec. 989.80, together with a report thereon. Such filing shall be not later than October 5 of the crop year, but this date may be extended by the Committee not more than 5 days if warranted by a late crop. 0 19. In Sec. 989.80, revise paragraphs (a) through (c) to read as follows: Sec. 989.80 Assessments. (a) Each handler shall pay to the Committee, upon demand, his pro rata share of the expenses which the Secretary finds will be incurred, as aforesaid, by the Committee during each crop year less any amounts credited pursuant to Sec. 989.53. Such handler's pro rata share of such expenses shall be equal to the ratio between the total raisin tonnage acquired by such handler during the applicable crop year and the total raisin tonnage acquired by all handlers during the same crop year. (b) Each handler who reconditions off-grade raisins but does not acquire the standard raisins recovered therefrom shall, with respect to his assessable portion of all such standard raisins, pay to the Committee, upon demand, his pro rata share of the expenses which the Secretary finds will be incurred by the Committee each crop year. Such handler's pro rata share of such expenses shall be equal to the ratio between the handler's assessable portion (which shall be a quantity equal to such handler's standard raisins which are acquired by some other handler or handlers) during the applicable crop year and the total raisin tonnage acquired by all handlers. (c) The Secretary shall fix the rate of assessment to be paid by all handlers on [[Page 53972]] the basis of a specified rate per ton. At any time during or after a crop year, the Secretary may increase the rate of assessment to obtain sufficient funds to cover any later finding by the Secretary relative to the expenses of the Committee. Each handler shall pay such additional assessment to the Committee upon demand. In order to provide funds to carry out the functions of the Committee, the Committee may accept advance payments from any handler to be credited toward such assessments as may be levied pursuant to this section against such handler during the crop year. The payment of assessments for the maintenance and functioning of the Committee, and for such purposes as the Secretary may pursuant to this subpart determine to be appropriate, may be required under this part throughout the period it is in effect, irrespective of whether particular provisions thereof are suspended or become inoperative. * * * * * Sec. 989.82 [Removed and reserved] 0 20. Section 989.82 is removed and reserved. 0 21. Section 989.84 is revised to read as follows: Sec. 989.84 Disposition limitation. No handler shall dispose of standard raisins, off-grade raisins, or other failing raisins, except in accordance with the provisions of this subpart or pursuant to regulations issued by the committee. 0 22. In Sec. 989.91: 0 a. Redesignate paragraphs (c) and (d) as paragraphs (d) and (e), respectively; and 0 b. Add new paragraph (c). The addition reads as follows: Sec. 989.91 Suspension or termination. * * * * * (c) No less than five crop years and no later than six crop years after the effective date of this amendment, the Secretary shall conduct a referendum to ascertain whether continuance of this part is favored by producers. Subsequent referenda to ascertain continuance shall be conducted every six crop years thereafter. The Secretary may terminate the provisions of this part at the end of any crop year in which the Secretary has found that continuance of this part is not favored by a two-thirds majority of voting producers, or a two-thirds majority of volume represented thereby, who, during a representative period determined by the Secretary, have been engaged in the production for market of grapes used in the production of raisins in the State of California. Such termination shall be announced on or before the end of the crop year. * * * * * Subpart Redesignated as Subpart B and Amended 0 23. Redesignate ``Subpart-Administrative Rules and Regulations'' as subpart B and revise the heading to read as follows: Subpart B--Administrative Requirements 0 24. Section 989.129 is revised 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 for his district. 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 in its district. 0 25. Remove the undesignated heading ``Marketing Policy'' prior to Sec. 989.154. Sec. Sec. 989.154 and 989.156 [Removed and reserved] 0 26. Sections 989.154 and 989.156 are removed and reserved. 0 27. Section 989.158(c)(4)(i) is revised to read as follows: Sec. 989.158 Natural condition raisins. * * * * * (c) * * * (4) * * * (i) The handler shall notify the inspection service at least one business day in advance of the time such handler plans to begin reconditioning each lot of raisins, unless a shorter period is acceptable to the inspection service. Such notification shall be provided verbally or by other means of communication, including email. Natural condition raisins which have been reconditioned shall continue to be considered natural condition raisins for purposes of reinspection (inspection pursuant to Sec. 989.58(d)) after such reconditioning has been completed, if no water or moisture has been added; otherwise, such raisins shall be considered as packed raisins. The weight of the raisins reconditioned successfully shall be determined by reweighing, except where a lot, before reconditioning, failed due to excess moisture only. The weight of such raisins resulting from reconditioning a lot failing account excess moisture may be determined by deducting 1.2 percent of the weight for each percent of moisture in excess of the allowable tolerance. When necessary due to the presence of sand, as determined by the inspection service, the requirement for deducting sand tare and the manner of its determination, as prescribed in paragraph (a)(1) of this section, shall apply in computing the net weight of any such successfully reconditioned natural condition raisins. The weight of the reconditioned raisins acquired as packed raisins shall be adjusted to natural condition weight by the use of factors applicable to the various degrees of processing accomplished. The applicable factor shall be that selected by the inspector of the reconditioned raisins from among factors established by the Committee with the approval of the Secretary. * * * * * 0 28. Remove the undesignated heading ``Volume Regulation'' prior to Sec. 989.166. [[Page 53973]] Sec. Sec. 989.166 and 989.167 [Removed and reserved] 0 29. Sections 989.166 and 989.167 are removed and reserved. 0 30. In Sec. 989.173: 0 a. Remove paragraphs (b)(2)(ii), (f), and (g)(1)(ii); 0 b. Redesignate paragraphs (b)(2)(iii) and (g) as paragraphs (b)(2)(ii) and (f), respectively; 0 c. Redesignate newly designated paragraph (f)(1)(iii) as paragraph (f)(1)(ii); and 0 d. Revise paragraphs (a), (b)(2)(i), newly redesignated paragraph (b)(2)(ii), (c)(1) introductory text, (d)(1) introductory text, (d)(1)(v), and newly redesignated paragraphs (f)(1)(i), (f)(2)(i), and (f)(3) introductory text. The revisions read as follows: Sec. 989.173 Reports. (a) Inventory reports. Each handler shall submit to the Committee as of the close of business on July 31 of each crop year, and not later than the following August 6, an inventory report which shall show, with respect to each varietal type of raisins held by such handler, the quantity of off-grade raisins segregated as to those for reconditioning and those for disposition as such. Provided, That, for the Other Seedless varietal type, handlers shall report the information required in this paragraph separately for the different types of Other Seedless raisins. Upon request by the Committee, each handler shall file at other times, and as of other dates, any of the said information which may reasonably be necessary and which the Committee shall specify in its request. (b) * * * (2) * * * (i) The total net weight of the standard raisins acquired during the reporting period; and (ii) The cumulative totals of such acquisitions from the beginning of the then current crop year. * * * * * (c) * * * (1) Each month each handler who is not a processor shall furnish to the Committee, on an appropriate form provided by the Committee and so that it is received by the Committee not later than the seventh day of the month, a report showing the aggregate quantity of each varietal type of packed raisins and standard natural condition raisins which were shipped or otherwise disposed of by such handler during the preceding month (exclusive of transfers within the State of California between plants of any such handler and from such handler to other handlers): Provided, That, for the Other Seedless varietal type, handlers shall report such information for the different types of Other Seedless raisins. Such required information shall be segregated as to: * * * * * (d) * * * (1) Any handler who transfers raisins to another handler within the State of California shall submit to the Committee not later than five calendar days following such transfer a report showing: * * * * * (v) If packed, the transferring handler shall certify that such handler is transferring only acquired raisins that meet all applicable marketing order requirements, including reporting, incoming inspection, and assessments. * * * * * (f) * * * (1) * * * (i) The quantity of raisins, segregated as to locations where they are stored and whether they are natural condition or packed; * * * * * (2) * * * (i) The total net weight of the standard raisins acquired during the reporting period; and * * * * * (3) Disposition report of organically-produced raisins. No later than the seventh day of each month, handlers who are not processors shall submit to the Committee, on an appropriate form provided by the Committee, a report showing the aggregate quantity of packed raisins and standard natural condition raisins which were shipped or otherwise disposed of by such handler during the preceding month (exclusive of transfer within the State of California between the plants of any such handler and from such handler to other handlers). Such information shall include: * * * * * Subpart Redesignated as Subpart C and Amended 0 31. Redesignate ``Subpart-Supplementary Regulations'' as subpart C and revise the heading to read as follows: Subpart C--Supplementary Requirements 0 32. In Sec. 989.210: 0 a. Remove paragraphs (b), (c) and (e); 0 b. Redesignate paragraph (d) as (b), paragraph (f) as (c), and paragraph (g) as (d); and 0 c. Revise newly redesignated paragraph (b). The revisions read as follows: Sec. 989.210 Handling of varietal types of raisins acquired pursuant to a weight dockage system. * * * * * (b) Assessments. Assessments on any lot of raisins of the varietal types specified in paragraph (a) of this section acquired by a handler pursuant to a weight dockage system shall be applicable to the creditable weight of such lot. * * * * * Sec. Sec. 989.221 and 989.257 [Removed and reserved] 0 33. Sections 989.221 and 989.257 are removed and reserved. Subpart Redesignated as Subpart D 0 34. Designate the subpart labeled ``Subpart-Assessment Rates'' as subpart D. Subpart Removed 0 35. Subpart--Schedule of Payments is removed. Subpart Redesignated as Subpart E 0 36. Designate the subpart labeled ``Conversion Factors'' as subpart E. Subpart Redesignated as Subpart F 0 37. Designate the subpart labeled ``Quality Control'' as subpart F. Subpart Redesignated as Subpart G 0 38. Designate the subpart labeled ``Antitrust Immunity and Liability'' as subpart G. 0 39. In part 989 revise all references to ``offgrade'' to read ``off- grade'' and revise all references to ``Offgrade'' to read ``Off- grade''. 0 40. In part 989 revise all references to ``nonnormal'' read ``non- normal.'' 0 41. In part 989 revise all references to ``committee'' to read ``Committee.'' Sec. Sec. 989.58, 989.59, and 989.102 [Amended] 0 42. In the list below, for each section indicated in the left column, remove the title indicated in the middle column from wherever it appears in the section, and add the title indicated in the right column: [[Page 53974]] ------------------------------------------------------------------------ Section Remove Add ------------------------------------------------------------------------ 989.58(d)(1)............... Processed Products Specialty Crops Standardization and Inspection Inspection Branch. Division. 989.59(d).................. Processed Products Specialty Crops Standardization and Inspection Inspection Branch. Division. 989.102.................... Processed Products Specialty Crops Branch, Fruit and Inspection Vegetable Division. Division. ------------------------------------------------------------------------ Dated: October 17, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-23089 Filed 10-25-18; 8:45 am] BILLING CODE 3410-02-P
![53965
Rules and Regulations Federal Register
Vol. 83, No. 208
Friday, October 26, 2018
This section of the FEDERAL REGISTER 720–8938, or Email: This rule is formulated on the record
contains regulatory documents having general Melissa.Schmaedick@ams.usda.gov or of a public hearing held on May 3 and
applicability and legal effect, most of which Michelle.Sharrow@ams.usda.gov. 4, 2016, in Clovis, California. The
are keyed to and codified in the Code of Small businesses may request hearing was held pursuant to the
Federal Regulations, which is published under information on this proceeding by provisions of the Act, and the applicable
50 titles pursuant to 44 U.S.C. 1510.
contacting Richard Lower, Marketing rules of practice and procedure
The Code of Federal Regulations is sold by Order and Agreement Division, governing the formulation and
the Superintendent of Documents. Specialty Crops Program, AMS, USDA, amendment of marketing agreements
1400 Independence Avenue SW, Stop and orders (7 CFR part 900). Notice of
0237, Washington, DC 20250–0237; this hearing was published in the
DEPARTMENT OF AGRICULTURE Telephone: (202) 720–2491, Fax: (202) Federal Register on April 22, 2016 (81
720–8938, or Email: Richard.Lower@ FR 23650). The notice of hearing
Agricultural Marketing Service ams.usda.gov. contained five proposals submitted by
SUPPLEMENTARY INFORMATION: Prior the RAC and three proposals by AMS.
7 CFR Part 989 Upon the basis of evidence
documents in this proceeding: Notice of
[Doc. No. AO–FV–16–0016; AMS–SC–16– Hearing issued on April 14, 2016, and introduced at the hearing and the record
0011; SC16–989–1] published in the April 22, 2016, issue of thereof, the Administrator of AMS on
the Federal Register (81 FR 23650) and May 3, 2017, filed with the Hearing
Raisins Produced From Grapes Grown a Recommended Decision issued on Clerk, USDA, a Recommended Decision
in California; Order Amending May 3, 2017, and published in the May and Opportunity to File Written
Marketing Order No. 989 31, 2017, issue of the Federal Register Exceptions thereto by June 30, 2017.
(82 FR 24882); and a Secretary’s One exception was filed. The exception
AGENCY: Agricultural Marketing Service,
Decision and Referendum Order issued filed opposed the proposed amendment
USDA.
September 19, 2017, and published in to establish term limits.
ACTION: Final rule. A Secretary’s Decision and
the September 29, 2017, issue of the
SUMMARY: This final rule amends Federal Register (82 FR 45517). Referendum Order was issued on
Marketing Order No. 989 (Order), which This action is governed by the September 29, 2017, directing that a
regulates the handling of raisins provisions of sections 556 and 557 of referendum be conducted during the
produced from grapes grown in title 5 of the United States Code and, period of December 4 through 17, 2017,
California. Five amendments were therefore, is excluded from the among eligible California raisin growers
proposed by the Raisin Administrative requirements of Executive Orders to determine whether they favored the
Committee (RAC) and three were 12866, 13563, and 13175. Additionally, proposed amendments to the Order. To
proposed by the Agricultural Marketing because this rule does not meet the become effective, the amendments had
Service (AMS). Seven of the eight definition of a significant regulatory to be approved by at least two-thirds of
proposed amendments were favored by action it does not trigger the those growers voting, or by voters
California raisin growers in a mail requirements contained in Executive representing at least two-thirds of the
referendum, held December 4 through Order 13771. See the Office of volume of raisins represented by voters
15, 2017. This final rule also makes Management and Budget’s (OMB) voting in the referendum. The approved
administrative revisions to subpart Memorandum titled ‘‘Interim Guidance amendments were favored by over
headings to bring the language into Implementing Section 2 of the Executive ninety percent of the growers voting in
conformance with the Office of Federal Order of January 30, 2017 titled the referendum, representing over
Register requirements. ‘Reducing Regulation and Controlling ninety percent of the total volume of
Regulatory Costs’ ’’ (February 2, 2017). raisins produced by those voting. The
DATES: This rule is effective November
Notice of this rulemaking action was failed amendment was opposed by
26, 2018. ninety-three percent of those voting and
provided to tribal governments through
ADDRESSES: Marketing Order and the Department of Agriculture’s (USDA) ninety-five percent of the represented
Agreement Division, Specialty Crops Office of Tribal Relations. volume.
Program, AMS, USDA, 1400 The amendments favored by voters
Independence Avenue SW, Stop 0237, Preliminary Statement and included in this final order will:
Washington, DC 20250–0237. This action, pursuant to 5 U.S.C. 556 Authorize production research;
FOR FURTHER INFORMATION CONTACT: and 557, finalizes amendments to establish new nomination procedures
Melissa Schmaedick, Marketing Order regulations issued to carry out a for independent grower member and
and Agreement Division, Specialty marketing order as defined in 7 CFR alternate member seats; add authority to
Crops Program, AMS, USDA, Post Office 900.2(j). This rule is issued under regulate quality; add authority to
Box 952, Moab, UT 84532; Telephone: Marketing Order No. 989, as amended (7 establish different regulations for
khammond on DSK30JT082PROD with RULES
(202) 557–4783, Fax: (435) 259–1502, or CFR part 989), regulating the handling different market destinations; add a
Michelle Sharrow, Marketing Order and of raisins produced from grapes grown continuance referenda requirement; and
Agreement Division, Specialty Crops in California. Part 989 (referred to as the remove volume regulation and reserve
Program, AMS, USDA, 1400 Order) is effective under the pool authority from the Order.
Independence Avenue SW, Stop 0237, Agricultural Marketing Agreement Act USDA also made changes as were
Washington, DC 20250–0237; of 1937, as amended (7 U.S.C. 601–674), necessary to conform the Order
Telephone: (202) 720–2491, Fax: (202) hereinafter referred to as the ‘‘Act.’’ provisions to the effectuated
VerDate Sep<11>2014 18:06 Oct 25, 2018 Jkt 247001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\26OCR1.SGM 26OCR1](https://thefederalregister.org/doc/83_FR_54173/page/1.svg)
![Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations 53969
■ d. Revise newly redesignated alternate seat in the event they are not give consideration to the production,
paragraph (b)(2)(iv). nominated for a member seat and there harvesting, processing, and storage
The revisions and addition read as are vacant alternate member seats. conditions of that crop, as well as the
follows: Member seat nominees that do not following factors:
indicate willingness to be considered for (1) The estimated tonnage held by
§ 989.29 Initial members and nomination
of successor members. vacant alternate member seats shall not producers and handlers at the beginning
be considered. of the crop year;
* * * * * (iv) Each independent producer or
(b) * * * * * * * *
(2) * * * producer affiliated with cooperative (4) An estimated desirable carryout at
(ii) Each such producer whose name marketing association(s) handling less the end of the crop year;
is offered in nomination for producer than 10 percent of the total raisin (5) The estimated market demand for
member positions to represent on the acquisitions during the preceding crop raisins, considering the estimated world
Committee independent producers or year shall cast only one vote with raisin supply and demand situation;
producers who are affiliated with respect to each position for which * * * * *
cooperative marketing association(s) nominations are to be made. Write-in (c) Publicity. The Committee shall
handling less than 10 percent of the candidates shall be accepted. The promptly give reasonable publicity to
total raisin acquisitions during the person receiving the most votes with producers, dehydrators, handlers, and
preceding crop year shall be given the respect to each position to be filled, in the cooperative bargaining association(s)
opportunity to provide the Committee a accordance with paragraph (b)(2)(ii) and of each meeting to consider a marketing
short statement outlining qualifications (iii) of this section, shall be the person policy or any modification thereof, and
and desire to serve if selected. Similarly, to be certified to the Secretary as the each such meeting shall be open to
each such producer whose name is nominee. The Committee may, subject them. Similar publicity shall be given to
offered in nomination for producer to the approval of the Secretary, producers, dehydrators, handlers, and
alternate member positions to represent establish rules and regulations to the cooperative bargaining association(s)
on the Committee independent effectuate this section. of each marketing policy report or
producers or producers who are * * * * * modification thereof, filed with the
affiliated with cooperative marketing ■ 5. In § 989.53, revise the introductory Secretary and of the Secretary’s action
association(s) handling less than 10 text of paragraph (a), and remove the thereon.
percent of the total raisin acquisitions undesignated paragraph that follows Copies of all marketing policy reports
during the preceding crop year shall be paragraph (a)(5) to read as follows: shall be maintained in the office of the
given the opportunity to provide the Committee, where they shall be made
Committee a short statement outlining § 989.53 Research and development. available for examination by any
qualifications and desire to serve if (a) General. The Committee, with the producer, dehydrator, handler, or
selected. These brief statements, approval of the Secretary, may establish cooperative bargaining association
together with a ballot and voting or provide for the establishment of representative. The Committee shall
instructions, shall be mailed to all projects involving production research, notify handlers, dehydrators and the
independent producers and producers market research and development, cooperative bargaining association(s),
who are affiliated with cooperative marketing promotion including paid and give reasonable publicity to
marketing associations handling less advertising, designed to assist, improve, producers of its computation.
than 10 percent of the total raisin or promote the production, marketing,
distribution, and consumption of raisins §§ 989.55 and 989.56 [Removed and
acquisitions during the preceding crop reserved]
year of record with the Committee in in domestic and foreign markets. These
each district. The producer member projects may include, but need not be ■ 7. Sections 989.55 and 989.56 are
candidate receiving the highest number limited to those designed to: removed and reserved.
of votes shall be designated as the first * * * * * ■ 8. Revise the undesignated heading
member nominee, the second highest ■ 6. In § 989.54: prior to § 989.58 to read as follows:
shall be designated as the second ■ a. Remove paragraphs (a) through (d) ‘‘Grade, Quality, and Condition
member nominee until nominees for all and (g); Standards’’.
producer member positions have been ■ b. Remove paragraph (e)(4); ■ 9. In § 989.58, revise paragraphs (a),
filled. Similarly, the producer alternate ■ c. Redesignate paragraphs (e)(5) (b), (d)(1), (e)(1), and (e)(4) to read as
member candidate receiving the highest through (e)(10) as (e)(4) through (e)(9), follows:
number of votes shall be designated as respectively;
the first alternate member nominee, the § 989.58 Natural condition raisins.
■ d. Redesignate paragraphs (e), (f), and
second highest shall be designated as (h) as paragraphs (a), (b), and (c), (a) Regulation. No handler shall
the second alternate member nominee respectively; and acquire or receive natural condition
until nominees for all member positions ■ e. Revise newly redesignated raisins which fail to meet such
have been filled. paragraphs (a) introductory text, (a)(1), minimum grade, quality, and condition
(iii) In the event that there are more (a)(4), (a)(5) and (c). standards as the Committee may
producer member nominees than The revisions read as follows: establish, with the approval of the
positions to be filled and not enough Secretary, in applicable rules and
producer alternate member nominees to § 989.54 Marketing policy. regulations: Provided, That a handler
khammond on DSK30JT082PROD with RULES
fill all positions, producer member (a) Marketing policy. Each crop year, may receive raisins for inspection, may
nominees not nominated for a member the Committee shall prepare and submit receive off-grade raisins for
seat may be nominated to fill vacant to the Secretary a report setting forth its reconditioning and may receive or
alternate member seats. Member seat recommended marketing policy, acquire off-grade raisins for use in
nominees shall indicate, prior to the including quality regulations for the eligible non-normal outlets: And
nomination vote, whether they are pending crop. In developing the provided further, That a handler may
willing to accept nomination for an marketing policy, the Committee may acquire natural condition raisins which
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section, each handler shall, at his own and procedures as may be necessary to shall furnish to the Committee, in such
expense, before shipping or otherwise permit the acquisition and disposition manner and at such times as it may
making final disposition of raisins, of any off-grade raisins, free from any or require, the name and address of each
cause an inspection to be made of such all regulations, for uses in non-normal person from whom he acquired raisins
raisins to determine whether they meet outlets. and the quantity of each varietal type of
the then applicable minimum grade, * * * * * raisins acquired from each such person.
quality, and condition standards for ■ 12. Section 989.61 is revised to read * * * * *
natural condition raisins or the then as follows: ■ 18. Section 989.79 is revised to read
applicable minimum standards for as follows:
packed raisins. Such handler shall § 989.61 Above parity situations.
obtain a certificate that such raisins The provisions of this part relating to § 989.79 Expenses.
meet the aforementioned applicable minimum grade, quality, and condition The Committee is authorized to incur
minimum standards and shall submit or standards and inspection requirements, such expenses as the Secretary finds are
cause to be submitted to the Committee within the meaning of section 2(3) of the reasonable and likely to be incurred by
a copy of such certificate together with Act, and any other provisions pertaining it during each crop year, for the
such other documents or records as the to the administration and enforcement maintenance and functioning of the
Committee may require. The certificate of the Order, shall continue in effect Committee and for such purposes as he
shall be issued by the Processed irrespective of whether the estimated may, pursuant to this subpart,
Products Standardization and season average price to producers for determine to be appropriate. The funds
Inspection Branch of the United States raisins is in excess of the parity level to cover such expenses shall be obtained
Department of Agriculture, unless the specified in section 2(1) of the Act. levying assessments as provided in
Committee determines, and the ■ 13. Remove the undesignated heading § 989.80. The Committee shall file with
Secretary concurs in such ‘‘Volume Regulation’’ prior to § 989.65. the Secretary for each crop year a
determination, that inspection by proposed budget of these expenses and
another agency will improve the §§ 989.65, 989.66, and 989.67 [Removed a proposal as to the assessment rate to
administration of this amended subpart. and reserved] be fixed pursuant to § 989.80, together
Any certificate issued pursuant to this ■ 14. Sections 989.65, 989.66, and with a report thereon. Such filing shall
paragraph shall be valid only for such 989.67 are removed and reserved. be not later than October 5 of the crop
period of time as the Committee may year, but this date may be extended by
specify, with the approval of the § 989.70 [Redesignated as § 989.96] the Committee not more than 5 days if
Secretary, in appropriate rules and ■ 15. Redesignate § 989.70 as § 989.96. warranted by a late crop.
regulations. ■ 19. In § 989.80, revise paragraphs (a)
(e) Inter-plant and inter-handler §§ 989.71 and 989.72 [Removed and
through (c) to read as follows:
transfers. Any handler may transfer reserved]
from his plant to his own or another ■ 16. Sections 989.71 and 989.72 are § 989.80 Assessments.
handler’s plant within the State of removed and reserved. (a) Each handler shall pay to the
California any raisins without having ■ 17. Amend § 989.73 by revising Committee, upon demand, his pro rata
had such raisins inspected as provided paragraph (b) to read as follows: share of the expenses which the
in paragraph (d) of this section. The Secretary finds will be incurred, as
transferring handler shall transmit § 989.73 Reports. aforesaid, by the Committee during each
promptly to the Committee a report of * * * * * crop year less any amounts credited
such transfer, except that transfers (b) Acquisition reports. Each handler pursuant to § 989.53. Such handler’s pro
between plants owned or operated by shall submit to the Committee in rata share of such expenses shall be
the same handler need not be reported. accordance with such rules and equal to the ratio between the total
Before shipping or otherwise making procedures as are prescribed by the raisin tonnage acquired by such handler
final disposition of such raisins, the Committee, with the approval of the during the applicable crop year and the
receiving handler shall comply with the Secretary, certified reports, for such total raisin tonnage acquired by all
requirements of this section. periods as the Committee may require, handlers during the same crop year.
* * * * * with respect to his acquisitions of each (b) Each handler who reconditions
(g) Exemption of experimental and varietal type of raisins during the off-grade raisins but does not acquire
specialty packs. The Committee may particular period covered by such the standard raisins recovered therefrom
establish, with the approval of the report, which report shall include, but shall, with respect to his assessable
Secretary, rules and procedures not be limited to: portion of all such standard raisins, pay
providing for the exemption of raisins in (1) The total quantity of standard to the Committee, upon demand, his pro
experimental and specialty packs from raisins acquired; rata share of the expenses which the
one or more of the requirements of the (2) The total quantity of off-grade Secretary finds will be incurred by the
minimum grade, quality, or condition raisins acquired pursuant to Committee each crop year. Such
standards of this section, together with § 989.58(e)(1)(i); and handler’s pro rata share of such
the inspection and certification (3) Cumulative totals of such expenses shall be equal to the ratio
requirements if applicable. acquisitions from the beginning of the between the handler’s assessable
■ 11. Amend § 989.60 by revising then current crop year to and including portion (which shall be a quantity equal
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paragraph (a) to read as follows: the end of the period for which the to such handler’s standard raisins which
report is made. Upon written are acquired by some other handler or
§ 989.60 Exemption. application made to the Committee, a handlers) during the applicable crop
(a) Notwithstanding any other handler may be relieved of submitting year and the total raisin tonnage
provisions of this amended subpart, the such reports after completing his acquired by all handlers.
Committee may establish, with the packing operations for the season. Upon (c) The Secretary shall fix the rate of
approval of the Secretary, such rules request of the Committee, each handler assessment to be paid by all handlers on
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![53972 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations
the basis of a specified rate per ton. At termination shall be announced on or producer position to be filled in its
any time during or after a crop year, the before the end of the crop year. district.
Secretary may increase the rate of * * * * * ■ 25. Remove the undesignated heading
assessment to obtain sufficient funds to
‘‘Marketing Policy’’ prior to § 989.154.
cover any later finding by the Secretary Subpart Redesignated as Subpart B
relative to the expenses of the and Amended §§ 989.154 and 989.156 [Removed and
Committee. Each handler shall pay such reserved]
additional assessment to the Committee ■ 23. Redesignate ‘‘Subpart- ■ 26. Sections 989.154 and 989.156 are
upon demand. In order to provide funds Administrative Rules and Regulations’’ removed and reserved.
to carry out the functions of the as subpart B and revise the heading to
Committee, the Committee may accept read as follows: ■ 27. Section 989.158(c)(4)(i) is revised
advance payments from any handler to to read as follows:
be credited toward such assessments as Subpart B—Administrative
§ 989.158 Natural condition raisins.
may be levied pursuant to this section Requirements
against such handler during the crop * * * * *
year. The payment of assessments for ■ 24. Section 989.129 is revised to read (c) * * *
the maintenance and functioning of the as follows: (4) * * *
Committee, and for such purposes as the
§ 989.129 Voting at nomination meetings. (i) The handler shall notify the
Secretary may pursuant to this subpart
inspection service at least one business
determine to be appropriate, may be Any person (defined in § 989.3 as an day in advance of the time such handler
required under this part throughout the individual, partnership, corporation, plans to begin reconditioning each lot of
period it is in effect, irrespective of association, or any other business unit) raisins, unless a shorter period is
whether particular provisions thereof who is engaged, in a proprietary acceptable to the inspection service.
are suspended or become inoperative. capacity, in the production of grapes Such notification shall be provided
* * * * * which are sun-dried or dehydrated by verbally or by other means of
artificial means to produce raisins and communication, including email.
§ 989.82 [Removed and reserved] who qualifies under the provisions of Natural condition raisins which have
■ 20. Section 989.82 is removed and § 989.29(b)(2) shall be eligible to cast been reconditioned shall continue to be
reserved. one ballot for a nominee for each considered natural condition raisins for
■ 21. Section 989.84 is revised to read producer member position and one purposes of reinspection (inspection
as follows: ballot for a nominee for each producer pursuant to § 989.58(d)) after such
alternate member position on the reconditioning has been completed, if
§ 989.84 Disposition limitation. committee which is to be filled for his no water or moisture has been added;
No handler shall dispose of standard district. Such person must be the one otherwise, such raisins shall be
raisins, off-grade raisins, or other failing who or which: Owns and farms land considered as packed raisins. The
raisins, except in accordance with the resulting in his or its ownership of such weight of the raisins reconditioned
provisions of this subpart or pursuant to grapes produced thereon; rents and successfully shall be determined by
regulations issued by the committee. farms land, resulting in his or its reweighing, except where a lot, before
■ 22. In § 989.91: ownership of all or a portion of such reconditioning, failed due to excess
■ a. Redesignate paragraphs (c) and (d) grapes produced thereon; or owns land moisture only. The weight of such
as paragraphs (d) and (e), respectively; which he or it does not farm and, as raisins resulting from reconditioning a
and rental for such land, obtains the lot failing account excess moisture may
■ b. Add new paragraph (c). ownership of a portion of such grapes or be determined by deducting 1.2 percent
The addition reads as follows: the raisins. In this connection, a of the weight for each percent of
partnership shall be deemed to include moisture in excess of the allowable
§ 989.91 Suspension or termination. two or more persons (including a tolerance. When necessary due to the
* * * * * husband and wife) with respect to land presence of sand, as determined by the
(c) No less than five crop years and no the title to which, or leasehold interest inspection service, the requirement for
later than six crop years after the in which, is vested in them as tenants deducting sand tare and the manner of
effective date of this amendment, the in common, joint tenants, or under its determination, as prescribed in
Secretary shall conduct a referendum to community property laws, as paragraph (a)(1) of this section, shall
ascertain whether continuance of this community property. In a landlord- apply in computing the net weight of
part is favored by producers. tenant relationship, wherein each of the any such successfully reconditioned
Subsequent referenda to ascertain parties is a producer, each such natural condition raisins. The weight of
continuance shall be conducted every producer shall be entitled to one vote the reconditioned raisins acquired as
six crop years thereafter. The Secretary for a nominee for each producer packed raisins shall be adjusted to
may terminate the provisions of this member position and one vote for each natural condition weight by the use of
part at the end of any crop year in producer alternate member position. factors applicable to the various degrees
which the Secretary has found that Hence, where two persons operate land of processing accomplished. The
continuance of this part is not favored as landlord and tenant on a share-crop applicable factor shall be that selected
by a two-thirds majority of voting basis, each person is entitled to one vote by the inspector of the reconditioned
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producers, or a two-thirds majority of for each such position to be filled. raisins from among factors established
volume represented thereby, who, Where land is leased on a cash rental by the Committee with the approval of
during a representative period basis, only the person who is the tenant the Secretary.
determined by the Secretary, have been or cash renter (producer) is entitled to
* * * * *
engaged in the production for market of vote. A partnership or corporation,
grapes used in the production of raisins when eligible, is entitled to cast only ■ 28. Remove the undesignated heading
in the State of California. Such one vote for a nominee for each ‘‘Volume Regulation’’ prior to § 989.166.
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§§ 989.166 and 989.167 [Removed and Provided, That, for the Other Seedless ■ c. Revise newly redesignated
reserved] varietal type, handlers shall report such paragraph (b).
■ 29. Sections 989.166 and 989.167 are information for the different types of The revisions read as follows:
removed and reserved. Other Seedless raisins. Such required
■ 30. In § 989.173:
information shall be segregated as to: § 989.210 Handling of varietal types of
* * * * * raisins acquired pursuant to a weight
■ a. Remove paragraphs (b)(2)(ii), (f),
(d) * * * dockage system.
and (g)(1)(ii);
■ b. Redesignate paragraphs (b)(2)(iii) (1) Any handler who transfers raisins * * * * *
and (g) as paragraphs (b)(2)(ii) and (f), to another handler within the State of (b) Assessments. Assessments on any
respectively; California shall submit to the Committee lot of raisins of the varietal types
■ c. Redesignate newly designated not later than five calendar days specified in paragraph (a) of this section
paragraph (f)(1)(iii) as paragraph following such transfer a report acquired by a handler pursuant to a
(f)(1)(ii); and showing: weight dockage system shall be
■ d. Revise paragraphs (a), (b)(2)(i), * * * * * applicable to the creditable weight of
newly redesignated paragraph (b)(2)(ii), (v) If packed, the transferring handler such lot.
(c)(1) introductory text, (d)(1) shall certify that such handler is * * * * *
introductory text, (d)(1)(v), and newly transferring only acquired raisins that
redesignated paragraphs (f)(1)(i), meet all applicable marketing order §§ 989.221 and 989.257 [Removed and
(f)(2)(i), and (f)(3) introductory text. requirements, including reporting, reserved]
The revisions read as follows: incoming inspection, and assessments.
■ 33. Sections 989.221 and 989.257 are
* * * * *
§ 989.173 Reports. removed and reserved.
(f) * * *
(a) Inventory reports. Each handler (1) * * *
shall submit to the Committee as of the Subpart Redesignated as Subpart D
(i) The quantity of raisins, segregated
close of business on July 31 of each crop as to locations where they are stored
year, and not later than the following ■ 34. Designate the subpart labeled
and whether they are natural condition
August 6, an inventory report which ‘‘Subpart-Assessment Rates’’ as subpart
or packed;
shall show, with respect to each varietal D.
type of raisins held by such handler, the * * * * *
quantity of off-grade raisins segregated (2) * * * Subpart Removed
as to those for reconditioning and those (i) The total net weight of the standard
for disposition as such. Provided, That, raisins acquired during the reporting ■ 35. Subpart—Schedule of Payments is
for the Other Seedless varietal type, period; and removed.
handlers shall report the information * * * * *
required in this paragraph separately for (3) Disposition report of organically- Subpart Redesignated as Subpart E
the different types of Other Seedless produced raisins. No later than the
raisins. Upon request by the Committee, seventh day of each month, handlers ■ 36. Designate the subpart labeled
each handler shall file at other times, who are not processors shall submit to ‘‘Conversion Factors’’ as subpart E.
and as of other dates, any of the said the Committee, on an appropriate form
information which may reasonably be provided by the Committee, a report Subpart Redesignated as Subpart F
necessary and which the Committee showing the aggregate quantity of
shall specify in its request. packed raisins and standard natural ■ 37. Designate the subpart labeled
(b) * * * condition raisins which were shipped or ‘‘Quality Control’’ as subpart F.
(2) * * * otherwise disposed of by such handler
(i) The total net weight of the standard during the preceding month (exclusive Subpart Redesignated as Subpart G
raisins acquired during the reporting of transfer within the State of California
period; and between the plants of any such handler ■ 38. Designate the subpart labeled
(ii) The cumulative totals of such and from such handler to other ‘‘Antitrust Immunity and Liability’’ as
acquisitions from the beginning of the handlers). Such information shall subpart G.
then current crop year. include:
* * * * * ■ 39. In part 989 revise all references to
* * * * * ‘‘offgrade’’ to read ‘‘off-grade’’ and
(c) * * * revise all references to ‘‘Offgrade’’ to
(1) Each month each handler who is Subpart Redesignated as Subpart C
and Amended read ‘‘Off-grade’’.
not a processor shall furnish to the
Committee, on an appropriate form ■ 31. Redesignate ‘‘Subpart- ■ 40. In part 989 revise all references to
provided by the Committee and so that Supplementary Regulations’’ as subpart ‘‘nonnormal’’ read ‘‘non-normal.’’
it is received by the Committee not later C and revise the heading to read as
than the seventh day of the month, a ■ 41. In part 989 revise all references to
follows: ‘‘committee’’ to read ‘‘Committee.’’
report showing the aggregate quantity of
each varietal type of packed raisins and Subpart C—Supplementary §§ 989.58, 989.59, and 989.102 [Amended]
khammond on DSK30JT082PROD with RULES
standard natural condition raisins Requirements
which were shipped or otherwise ■ 42. In the list below, for each section
disposed of by such handler during the ■ 32. In § 989.210: indicated in the left column, remove the
preceding month (exclusive of transfers ■ a. Remove paragraphs (b), (c) and (e); title indicated in the middle column
within the State of California between ■ b. Redesignate paragraph (d) as (b), from wherever it appears in the section,
plants of any such handler and from paragraph (f) as (c), and paragraph (g) as and add the title indicated in the right
such handler to other handlers): (d); and column:
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![53974 Federal Register / Vol. 83, No. 208 / Friday, October 26, 2018 / Rules and Regulations
Section Remove Add
989.58(d)(1) ............ Processed Products Standardization and Inspection Branch ............................... Specialty Crops Inspection Division.
989.59(d) ................. Processed Products Standardization and Inspection Branch ............................... Specialty Crops Inspection Division.
989.102 ................... Processed Products Branch, Fruit and Vegetable Division .................................. Specialty Crops Inspection Division.
Dated: October 17, 2018. W12–140, 1200 New Jersey Avenue SE, combustion cases installed on GE GE90–
Bruce Summers, Washington, DC 20590. 100 turbofan engines. These combustion
Administrator, Agricultural Marketing • Hand Delivery: U.S. Department of cases are life limited. The unapproved
Service. Transportation, Docket Operations, M– repairs reduced the material capability
[FR Doc. 2018–23089 Filed 10–25–18; 8:45 am] 30, West Building Ground Floor, Room of these cases, which requires their
BILLING CODE 3410–02–P W12–140, 1200 New Jersey Avenue SE, removal prior to reaching their
Washington, DC 20590, between 9 a.m. published Airworthiness Limitation
and 5 p.m., Monday through Friday, Section life limit. This condition, if not
DEPARTMENT OF TRANSPORTATION except Federal holidays. addressed, could result in failure of the
For service information identified in combustion case, engine fire, and
Federal Aviation Administration this final rule, contact General Electric damage to the airplane. We are issuing
Company, GE Aviation, 1 Neumann this AD to address the unsafe condition
14 CFR Part 39 Way, Cincinnati, OH 45215; telephone on these products.
513–552–3272; email:
[Docket No. FAA–2018–0898; Product Related Service Information Under 1
aviation.fleetsupport@ge.com. You may
Identifier 2018–NE–29–AD; Amendment 39– CFR Part 51
19456; AD 2018–20–22] view this service information at the
FAA, Engine and Propeller Standards We reviewed GE GE90–100 Service
RIN 2120–AA64 Branch, 1200 District Avenue, Bulletin (SB) SB 72–0784 R00, dated
Burlington, MA 01803. For information May 4, 2018; GE SB GE90–100 S/B 72–
Airworthiness Directives; General on the availability of this material at the 0788, Revision 4, dated July 30, 2018;
Electric Company Turbofan Engines FAA, call 781–238–7759. It is also and GE SB GE90–100 SB 72–0793 R00,
AGENCY: Federal Aviation available on the internet at http:// dated August 10, 2018. The SBs
Administration (FAA), DOT. www.regulations.gov by searching for describe procedures for removing the
and locating Docket No. FAA–2018– affected combustion cases from the
ACTION: Final rule; request for
0898. engine. GE SB GE90–100 SB 72–0784
comments.
R00 is effective for GE90–100 turbofan
Examining the AD Docket engines with the combustion case S/Ns
SUMMARY: We are adopting a new
airworthiness directive (AD) for all You may examine the AD docket on listed in that SB. GE SB GE90–100 S/B
General Electric Company (GE) GE90– the internet at http:// 72–0788 is effective for GE90–100
110B1, GE90–113B, and GE90–115B www.regulations.gov by searching for turbofan engines with the combustion
turbofan engines with a certain case and locating Docket No. FAA–2018– case S/Ns listed in that SB. GE SB
combustor assembly (combustion case) 0898; or in person at Docket Operations GE90–100 SB 72–0793 R00 is effective
installed. This AD requires removal of between 9 a.m. and 5 p.m., Monday for GE90–100 turbofan engines with the
affected combustion cases from service through Friday, except Federal holidays. combustion case S/Ns listed in that SB.
and their replacement with a part The AD docket contains this final rule, This service information is reasonably
eligible for installation. This AD was the regulatory evaluation, any available because the interested parties
prompted by the discovery of a quality comments received, and other have access to it through their normal
escape at a manufacturing facility information. The street address for the course of business or by the means
involving unapproved welds on Docket Operations (phone: 800–647– identified in the ADDRESSES section.
combustion cases. We are issuing this 5527) is listed above. Comments will be FAA’s Determination
AD to address the unsafe condition on available in the AD docket shortly after
these products. receipt. We are issuing this AD because we
evaluated all the relevant information
DATES: This AD is effective November FOR FURTHER INFORMATION CONTACT:
and determined the unsafe condition
13, 2018. Matthew Smith, Aerospace Engineer,
described previously is likely to exist or
The Director of the Federal Register ECO Branch, FAA, 1200 District
develop in other products of the same
approved the incorporation by reference Avenue, Burlington, MA 01803; phone:
type design.
of certain publications listed in this AD 781–238–7735; fax: 781–238–7199;
as of November 13, 2018. email: matthew.c.smith@faa.gov. AD Requirements
We must receive comments on this SUPPLEMENTARY INFORMATION: This AD requires removal of the
AD by December 10, 2018. affected combustion cases from service
Discussion
ADDRESSES: You may send comments, and their replacement with a part
using the procedures found in 14 CFR We learned from GE of a quality eligible for installation.
11.43 and 11.45, by any of the following escape that one of their suppliers, AECC
methods: Aero Science and Technology Co., Ltd., FAA’s Justification and Determination
khammond on DSK30JT082PROD with RULES
• Federal eRulemaking Portal: Go to was performing welds on newly- of the Effective Date
http://www.regulations.gov. Follow the manufactured components to correct An unsafe condition exists that
instructions for submitting comments. errors introduced in their manufacturing requires the immediate adoption of this
• Fax: 202–493–2251. process. These welds were not reviewed AD without providing an opportunity
• Mail: U.S. Department of or approved by either GE or the FAA. for public comments prior to adoption.
Transportation, Docket Operations, M– GE’s review of manufacturing records The FAA has found that the risk to the
30, West Building Ground Floor, Room determined that these parts include flying public justifies waiving notice
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Document Created: 2018-10-26 02:29:02
Document Modified: 2018-10-26 02:29:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective November 26, 2018. | |
| Contact | Melissa Schmaedick, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, Post Office Box 952, Moab, UT 84532; Telephone: (202) 557-4783, Fax: (435) 259- 1502, or Michelle Sharrow, 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 Citation | 83 FR 53965 | |
| CFR Associated | Raisins; Marketing Agreements and Reporting and Recordkeeping Requirements |
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