[Federal Register Volume 59, Number 143 (Wednesday, July 27, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18216]
[[Page Unknown]]
[Federal Register: July 27, 1994]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 989
[Docket No. FV94-989-2FIR]
Raisins Produced From Grapes Grown in California; Reapportionment
of Independent Handler Representation
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture (Department) is adopting as a
final rule, without change, the provisions of an interim final rule
which revised the administrative rules and regulations established
under the Federal marketing order for raisins produced from grapes
grown in California. The interim final rule reapportioned the
representation established for independent and small cooperative
marketing association handlers on the Raisin Administrative Committee
(Committee), to provide more equitable representation. This rule is
based on a unanimous recommendation of the Committee, which is
responsible for local administration of the order.
EFFECTIVE DATE: August 26, 1994.
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, D.C.
20090-6456; Telephone: (202) 205-2829, or FAX (202) 720-5698.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement and Order No. 989 [7 CFR Part 989], both as amended,
regulating the handling of raisins produced from grapes grown 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. It is not intended to have any 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 the 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 California raisins who are
subject to regulation under the raisin marketing order, and
approximately 5,000 producers in the regulated area. Small agricultural
producers have been defined by the Small Business Administration [13
CFR 121.601] as those having annual receipts of less than $500,000, and
small agricultural service firms are defined as those whose annual
receipts are less than $5,000,000. A majority of producers and a
minority of handlers of California raisins may be classified as small
entities.
This rule finalizes an interim final rule which revised Section
989.126 of Subpart--Administrative Rules and Regulations [7 CFR
989.102-989.176] and is based on a unanimous recommendation of the
Committee and other available information.
The interim final rule, published in the Federal Register on May
26, 1994, [59 FR 27225], reapportioned the Committee representation
established for independent and small cooperative marketing association
handlers on the Committee. The interim rule provided for broader
independent handler/small cooperative handler representation on the
Committee to reflect the different handler segments in the raisin
industry. The change did not impose any additional regulatory,
informational, or cost requirements on handlers or producers.
Section 989.26 of the order provides that the Committee shall
consist of 47 members, of whom 35 shall represent producers, 10 shall
represent handlers, 1 shall represent the cooperative bargaining
association, and 1 shall be a public member. The 10 handler positions
are allocated between: (1) Cooperative marketing associations, each of
which acquired not less than 10 percent of the total raisin
acquisitions during the preceding crop year (referred to as major
cooperative handlers); and (2) independent handlers and small
cooperative marketing associations; i.e., those who acquired less than
10 percent of the total raisin acquisitions during the preceding crop
year. Currently, there is one cooperative in group (1) engaged in
handling raisins. That handler is allocated three positions on the
Committee. Group (2) handlers are allocated seven positions. The
allocation of members between the two handler groups is based on the
provisions specified in paragraph (d) of Sec. 989.26.
Section 989.126(b) of the Administrative Rules and Regulations had
previously provided for independent and small cooperative handler
representation on the Committee as follows:
(1) Two members selected from and representing the four handler(s)
other than major cooperative handler(s) who acquired the largest
percentage of the total raisin acquisitions during the preceding crop
year;
(2) Two members selected from and representing the six handlers
other than major cooperative marketing association handler(s) who
acquired the next largest percentage of the total raisin acquisitions
during the preceding crop year; and
(3) The remaining member(s) selected from and representing all
other handlers, including small cooperative marketing association
handler(s) and all processors.
For the purposes of this final rule, category (1) is referred to as
the ``large-sized handler'' group, category (2) is referred to as the
``medium-sized handler'' group, and category (3) is referred to as the
``all other handler'' group. The number of handlers in the ``all other
handler'' group has decreased from 10 to 7 since the 1990-91 crop year.
In addition, during the 1992-93 crop year, the ``medium-sized handler''
group acquired more than four times the tonnage acquired by the ``all
other handler'' group.
Based on this information, the Committee met on March 9, 1994, and
unanimously recommended to move one handler position from the ``all
other handler'' group to the ``medium-sized handler'' group.
The interim final rule amended Sec. 989.126(b) of the
Administrative Rules and Regulations by changing the independent and
small cooperative handler representation on the Committee as follows:
(1) Two members selected from and representing the four handler(s)
other than major cooperative handler(s) who acquired the largest
percentage of the total raisin acquisitions during the preceding crop
year;
(2) Three members selected from and representing the six handlers
other than major cooperative marketing association handler(s) who
acquired the next largest percentage of the total raisin acquisitions
during the preceding crop year; and
(3) The remaining member(s) selected from and representing all
other handlers, including small cooperative marketing association
handler(s) and all processors.
The previous and current independent handler/small cooperative
handler representation are shown as follows:
------------------------------------------------------------------------
Representation
Independent handler/small cooperative handler ---------------------
category Previous Current
------------------------------------------------------------------------
Largest 4 Handlers................................ 2 2
Next Largest 6 Handlers........................... 2 3
Remaining Handlers................................ 3 2
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The shift in membership recognized the relative importance of the
``large-sized handler,'' ``medium-sized handler,'' and ``all other
handler groups,'' and provides an opportunity for the ten largest
independent/small cooperative handlers to be represented on the
Committee either as a member or as an alternate member. The ``all other
handler'' group is eligible to nominate two members and two alternate
members.
The interim final rule provided a 30-day comment period which ended
June 27, 1994. No comments were received.
Based on the above, the Administrator of the AMS has determined
that this 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 finalizing the interim final rule,
without change, as published in the Federal Register on May 26, 1994,
[59 FR 27225], will tend to effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 989
Grapes, Marketing agreements, Raisins, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR Part 989 is
amended as follows:
PART 989--RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA
1. The authority citation for 7 CFR Part 989 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Accordingly, the interim final rule amending Sec. 989.126, which
was published at 59 FR 27225 on May 26, 1994, is adopted as a final
rule without change.
Dated: July 21, 1994.
Terry C. Long,
Acting Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-18216 Filed 7-26-94; 8:45 am]
BILLING CODE 3410-02-P