[Federal Register Volume 59, Number 36 (Wednesday, February 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4120]


  Federal Register / Vol. 59, No. 36 / Wednesday, February 23, 1994 /
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[[Page Unknown]]

[Federal Register: February 23, 1994]


                                                    VOL. 59, NO. 36

                                       Wednesday, February 23, 1994
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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 993

[Docket No. FV93-993-3IFR]

 

Dried Prunes Produced In California; Changes In Producer District 
Boundaries

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This interim final rule revises the administrative rules and 
regulations established under the Federal marketing order for dried 
prunes produced in California. This rule realigns the boundaries of 
seven districts established for independent producer representation on 
the Prune Marketing Committee (Committee). The realignment provides for 
more equitable representation for those members, and makes provisions 
of the order consistent with current industry demographics. This rule 
is based on a unanimous recommendation of the Committee, which is 
responsible for local administration of the order.

EFFECTIVE DATE: The interim final rule is effective February 23, 1994. 
Comments which are received by March 25, 1994 will be considered prior 
to any finalization of this interim final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be sent in triplicate 
to the Docket Clerk, Marketing Order Administration Branch, F&V, AMS, 
USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-6456, FAX 
number (202) 720-5698. Comments should reference this docket number and 
the date and page number of this issue of the Federal Register and will 
be available for public inspection in the Office of the Docket Clerk 
during regular business hours.

FOR FURTHER INFORMATION CONTACT: Richard P. Van Diest, Marketing 
Specialist, California Marketing Field Office, Fruit and Vegetable 
Division, AMS, USDA, 2202 Monterey Street, Suite 102B, Fresno, 
California 93721; telephone: (209) 487-5901, or FAX (209) 487-5906; or 
Valerie L. Emmer, Marketing Specialist, Marketing Order Administration 
Branch, F&V, AMS, USDA, room 2523-S, P.O. Box 96456, Washington, DC 
20050-6456; Telephone: (202) 205-2829, or FAX (202) 720-5698.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under 
Marketing Agreement and Order No. 993 (7 CFR part 993), regulating the 
handling of dried prunes produced in California. The order is effective 
under the Agricultural Marketing Agreement Act of 1937, as amended (7 
U.S.C. 601-674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This action will not preempt any state or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 8c(15)(A) of the 
Act, any handler subject to an order may file with the Secretary a 
petition stating that the order, any provision of the order, or any 
obligation imposed in connection with the order is not in accordance 
with law and requesting a modification of the order or to be exempted 
therefrom. A handler is afforded the opportunity for a hearing on the 
petition. After a hearing the Secretary would rule on the petition. The 
Act provides that the district court of the United States in any 
district in which the handler is an inhabitant, or has his or her 
principal place of business, has jurisdiction in equity to review the 
Secretary's ruling on the petition, provided a bill in equity is filed 
not later than 20 days after date of entry of the ruling.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of the Agricultural Marketing Service 
(AMS) has considered the economic impact of this action on small 
entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are approximately 20 handlers of dried prunes who are subject 
to regulation under the dried prune marketing order and approximately 
1,360 producers in the regulated area. Small agricultural service firms 
are defined by the Small Business Administration (13 CFR 121.601) as 
those whose annual receipts are less than $3,500,000, and small 
agricultural producers have been defined as those having annual 
receipts of less than $500,000. The majority of handlers and producers 
of California dried prunes may be classified as small entities.
    This interim final rule realigns the boundaries of the seven 
districts established for independent producer representation on the 
Committee. To be consistent with current industry demographics, this 
interim rule ensures that, insofar as practicable, each district 
represents an equal number of independent producers and an equal volume 
of prunes grown by such producers. The change will not impose any 
additional regulatory, informational, or cost requirements on handlers 
or producers.
    This action revises Sec. 993.128 of Subpart--Administrative Rules 
and Regulations and is based on a unanimous recommendation of the 
Committee and other available information.
    Section 993.24 of the order provides that the Committee shall 
consist of 22 members, of which 14 shall represent producers, 7 shall 
represent handlers, and 1 shall represent the public. The 14 producer 
member positions are apportioned between cooperative producers and 
independent producers in the same proportion, insofar as is 
practicable, as the percentage of the total prune tonnage handled by 
the cooperative and independent handlers during the year preceding the 
year in which nominations are made is to the total handled by all 
handlers. In recent years and currently, cooperative producers and 
independent producers each have been eligible to nominate seven 
members.
    Section 993.28 of the order provides that, for independent 
producers, the Committee shall, with the approval of the Secretary of 
Agriculture, divide the production area into districts, giving, insofar 
as practicable, equal representation throughout the production area by 
numbers of independent producers and production of prune tonnage by 
such producers. When revisions are required, the Committee must make 
its recommendations to the Secretary of Agriculture to change the 
district boundaries prior to January 31 of any year in which 
nominations are to be made. Nominations are made in all even-numbered 
years, including 1994.
    The Committee recommended this change at its December 8, 1993, 
meeting. Since the last redistricting in 1990, the number of producers 
and volume of production in most districts has changed, causing 
imbalances among some districts. Thus, redistricting is needed to bring 
the districts in line with order requirements and current California 
prune industry demographics.
    This interim final rule establishes Colusa and Glenn counties as 
District 1 and adds Tehama and Shasta counties to District 4. It also 
moves the boundary between the central Sutter and southern Sutter 
districts north from Oswald Road to Bogue Road, and makes the central 
Sutter County area a part of District 2. This rule also designates the 
portion of District 4, which includes the San Joaquin Valley counties, 
as District 7. This rule also adds northern Sutter County to Butte 
County to become a new District 5. District 6 will continue to be Yuba 
County.
    The Committee calculated the percentage of total independent prune 
growers and the percentage of total independent grower prune tonnage 
for each proposed new district. The two percentages were averaged for 
each district to determine a representation factor for each district. 
The optimal representation factor is determined to be 14.29 percent 
(100 percent divided by 7 districts).
    The representation factors for the seven old and the seven new 
districts are shown below, based on the 1992-93 crop year. 

------------------------------------------------------------------------
                                                   Representation factor
                                                 -----------------------
                    District                          Old         New   
                                                   districts   districts
                                                   (percent)   (percent)
------------------------------------------------------------------------
1...............................................        7.52       12.81
2...............................................       21.02       14.89
3...............................................       11.07       15.09
4...............................................       14.27       12.78
5...............................................        9.15       16.67
6...............................................       16.10       16.10
7...............................................       20.88       11.67
------------------------------------------------------------------------

    The redistricting recommendation is desirable because it allows 
each district to approximate the optimal representation factor, while 
maintaining a continuous geographic boundary for each district. In 
addition, several of the districts whose representation factors are 
below the optimum are expected to experience production increases in 
the next few years which are likely to be above the industry average.
    Based on the above, the Administrator of the AMS has determined 
that this interim final rule will not have a significant economic 
impact on a substantial number of small entities.
    After consideration of all relevant information presented, 
including the Committee's unanimous recommendation and other available 
information, it is found that this regulation, as hereinafter set 
forth, will tend to effectuate the declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined that, 
upon good cause, it is impracticable, unnecessary, and contrary to the 
public interest to give preliminary notice prior to putting this rule 
into effect, and that good cause exists for not postponing the 
effective date of this action until 30 days after publication in the 
Federal Register because: (1) The order requires that independent 
producer nomination meetings be held for each of the seven districts 
prior to March 8, 1994, for the term of office beginning June 1, 1994 
and this action should be in place before those meetings; (2) this 
action does not impose additional regulatory requirements on handlers 
or producers and, therefore, neither handlers nor producers need 
additional time to comply; (3) the industry is aware of this action, 
which was unanimously recommended by the Committee at an open meeting; 
and (4) this rule provides a 30-day comment period and any comments 
received will be considered prior to finalization of this rule.

List of Subjects in 7 CFR Part 993

    Marketing agreements, Plums, Prunes, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR Part 993 is 
amended as follows:

PART 993--DRIED PRUNES PRODUCED IN CALIFORNIA

    1. The authority citation for 7 CFR part 993 continues to read as 
follows:

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

    2. Section 993.128 is amended by revising paragraph (a) to read as 
follows:


Sec.  993.128  Nominations for membership.

    (a) Districts. In accordance with the provisions of Sec. 993.28, 
the districts referred to therein are described as follows:
    District No. 1. The counties of Glenn and Colusa.
    District No. 2. That portion of Sutter County north of a line 
extending along Bogue Road easterly to the Yuba County line and 
westerly to the Colusa County line and south of a line extending along 
Clark Road easterly to the Yuba County line and westerly to the Colusa 
County line.
    District No. 3. All of Yolo County and that portion of Sutter 
County south of a line extending along Bogue Road easterly to the Yuba 
County line and westerly to the Colusa County line.
    District No. 4. The counties of Alpine, Amador, Del Norte, El 
Dorado, Humboldt, Lake, Lassen, Mendocino, Modoc, Napa, Nevada, Placer, 
Plumas, Sacramento, Shasta, Sierra, Siskiyou, Sonoma, Tehama and 
Trinity.
    District No. 5. All of Butte County, and that portion of Sutter 
County north of a line extending along Clark Road easterly to the Yuba 
County line and westerly to the Colusa County line.
    District No. 6. Yuba County.
    District No. 7. The counties of Fresno, Kings, Merced, San Benito, 
San Joaquin, Santa Clara, Solano, Tulare and all other counties not 
included in Districts 1, 2, 3, 4, 5 and 6.
* * * * *
    Dated: February 17, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-4120 Filed 2-22-94; 8:45 am]
BILLING CODE 3410-02-P