[Federal Register Volume 63, Number 205 (Friday, October 23, 1998)]
[Rules and Regulations]
[Pages 56781-56785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28557]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[FV99-989-1 IFR]


Raisins Produced From Grapes Grown In California; Relaxations to 
Substandard and Maturity Dockage Systems

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule relaxes the substandard and maturity dockage systems 
for raisins covered under the Federal marketing order for California 
raisins (order). The order regulates the handling of raisins produced 
from grapes grown in California and is administered locally by the 
Raisin Administrative Committee (Committee). Under the order, handlers 
may acquire raisins from producers under a weight dockage system and 
adjust the

[[Page 56782]]

creditable fruit weight acquired according to the percentage of 
substandard raisins in a lot, or percentage of raisins that fall below 
certain levels of maturity. Certain marketing order obligations and 
producer payments are based on the creditable weight of raisins 
acquired by handlers. Because of unusual crop conditions this year 
created by the weather phenomenon known as El Nino, the industry 
predicts that a relatively high percentage of the 1998-99 crop will 
fall outside the limits of the substandard and maturity dockage 
systems. Relaxing the limits for the 1998 crop will reduce the number 
of lots of raisins returned by handlers to producers or reconditioned 
by handlers at the producers' expense. This will minimize producers' 
reconditioning costs and facilitate 1998 crop deliveries.

DATES: Effective on October 24, 1998. Comments which are received by 
December 22, 1998, will be considered prior to issuance of any final 
rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent to the Docket Clerk, Fruit 
and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, 
Washington, DC 20090-6456; Fax: (202) 205-6632; or E-mail: moabdocket_
[email protected]. All comments should reference the docket number and the 
date and page number of this issue of the Federal Register and will be 
made available for public inspection in the Office of the Docket Clerk 
during regular business hours.

FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Marketing 
Specialist, California Marketing Field Office, Fruit and Vegetable 
Programs, AMS, USDA, 2202 Monterey Street, suite 102B, Fresno, 
California 93721; telephone: (209) 487-5901, Fax: (209) 487-5906; or 
George Kelhart, Technical Advisor, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 
96456, Washington, DC 20090-6456; telephone: (202) 720-2491, or Fax: 
(202) 205-6632. Small businesses may request information on complying 
with this regulation, or obtain a guide on complying with fruit, 
vegetable, and specialty crop marketing agreements and orders by 
contacting Jay Guerber, Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 2525-S, 
Washington, DC 20090-6456; telephone (202) 720-2491, Fax: (202) 205-
6632, or E-mail: Jay____N____G[email protected]. You may view the 
marketing agreement and order small business compliance guide at the 
following web site: http://www.ams.usda.gov/fv/moab.html.

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, hereinafter referred to as the ``order.'' The order is 
effective under the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule 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 608c(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 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, 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 an action is filed not 
later than 20 days after the date of the entry of the ruling.
    This rule relaxes the substandard and maturity dockage systems for 
raisins covered under the order. Under the order, handlers may acquire 
raisins from producers under a weight dockage system and adjust the 
creditable fruit weight acquired according to the percentage of 
substandard raisins in a lot, or percentage of raisins that fall below 
certain levels of maturity. Some marketing order obligations 
(assessments and volume control) and producer payments are based on the 
creditable weight of raisins acquired by handlers. Because of unusual 
crop conditions this year created by the weather phenomenon known as El 
Nino, the industry predicts that a relatively high percentage of the 
1998-99 crop will fall outside the limits of the substandard and 
maturity dockage systems. Relaxing the limits for the 1998 crop will 
reduce the number of lots of raisins returned by handlers to producers 
or reconditioned by handlers at the producers' expense. This will 
minimize producers' reconditioning costs and facilitate 1998 crop 
deliveries. This rule was unanimously recommended by the Committee at a 
meeting on October 8, 1998.
    Section 989.58(a) of the order provides authority for quality 
control regulations whereby natural condition raisins that are 
delivered from producers to handlers must meet certain incoming quality 
requirements. This section also contains authority for handlers to 
acquire natural condition raisins which fall outside the tolerance 
established for maturity, which includes substandard raisins, under a 
weight dockage system. Handler acquisitions of raisins and payments to 
producers are adjusted according to the percentage of substandard 
raisins in a lot, or percentage of raisins that fall below certain 
levels of maturity.

Tolerances for Substandard Raisins

    Section 989.701 of the order's regulations specifies incoming 
quality requirements for natural condition raisins. Lots of raisins may 
contain a maximum percentage, depending on varietal type, of 
substandard raisins (raisins that show development less than that 
characteristic of raisins prepared from fairly well-matured grapes). 
Specifically, lots of Natural (sun-dried) Seedless, Golden Seedless, 
Dipped Seedless, Oleate and Related Seedless, Monukka, and Other 
Seedless raisin may contain no more than 5 percent, by weight, of 
substandard raisins. Lots of Muscat, Sultana, and Zante Currant raisins 
may contain no more than 12 percent, by weight, of substandard raisins.

Dockage System for Substandard Raisins

    Section 989.212 provides that handlers may acquire, under an 
agreement with a producer, raisins that fall outside the tolerance for 
substandard raisins specified in Sec. 989.701. Specifically, handlers 
may acquire any lot of Natural (sun-dried) Seedless, Golden Seedless, 
Dipped Seedless, Oleate and Related Seedless, Monukka, and Other 
Seedless raisins which contain from 5.1 through 17.0 percent, by 
weight, of substandard raisins under a weight dockage system. A handler 
may also acquire, subject to prior agreement, any lot of Muscat 
(including other raisins with seeds),

[[Page 56783]]

Sultana, and Zante Currant raisins containing from 12.1 through 20.0 
percent, by weight, of substandard raisins under a weight dockage 
system. The creditable weight of each lot of raisins acquired by 
handlers under the substandard dockage system is obtained by 
multiplying the applicable net weight of the lot of raisins by the 
applicable dockage factor in the tables in Sec. 989.212. The dockage 
factor reduces the weight of the raisin lot by an amount approximating 
the weight of the raisins needed to be removed in order for the 
remainder of the lot to meet minimum grade requirements after 
processing and packing. The weight determined in this manner represents 
the creditable weight of the raisins which is used as a basis for 
applicable marketing order obligations and handler payments to 
producers. Those raisins failing to meet the established substandard 
tolerance levels (17.0 or 20.0 percent, depending on varietal type) are 
returned to the producer or reconditioned by the handler (at the 
producer's expense) to bring the lot up to acceptable quality 
standards.
    Adverse crop conditions this season created by the weather 
phenomenon known as El Nino affected the quality of the grapes used to 
make raisins by not allowing the grapes to properly mature. 
Temperatures in the production area stayed below average until about 
mid-June. In addition, due to the lateness of the 1998 crop (at least 3 
to 4 weeks), producers had difficulty finding sufficient labor to 
harvest the crop. Raisin deliveries from producers to handlers have 
been about 3-4 weeks later than in most crop years. The Committee 
predicts that a relatively high percentage of the 1998-99 crop will not 
meet the upper limit (17.0 or 20.0 percent, depending on varietal type) 
for the amount of substandard raisins permitted in incoming lots of 
raisins.
    Thus, the Committee recommended that the allowable amount of 
substandard fruit in producer deliveries that can be acquired under the 
dockage system be increased, for the 1998-99 crop year only, from 17.0 
to 25.0 percent for Natural (sun-dried) Seedless, Golden Seedless, 
Dipped Seedless, Oleate and Related Seedless, Monukka, and Other 
Seedless raisins. Likewise, the Committee recommended increasing the 
substandard dockage limit, for the 1998-99 crop year only, from 20.0 to 
35.0 percent for Muscat (including other raisins with seeds), Sultana, 
and Zante Currant raisins. Lots containing more than 25.0 or 35.0 
percent, depending on varietal type, of substandard raisins will be 
considered off-grade and require reconditioning before they can be 
acquired by handlers. Appropriate changes incorporating these 
recommendations are made to Sec. 989.212 and apply for the 1998-99 crop 
year only.
    Increasing the upper limit allowed for substandard raisins will 
reduce the number of lots of raisins returned by handlers to producers 
or reconditioned by handlers at the producers' expense. Handlers will 
be able to acquire more lots of raisins upon first inspection without 
experiencing further delay while waiting for failing lots to be 
reconditioned. The ability to acquire more raisins upon first 
inspection will help handlers better meet early season market needs.

Tolerance for Maturity

    Section 989.701 of the order's regulations specifies that lots of 
certain varietal types of natural condition raisins must contain a 
minimum percentage of raisins that are well-matured or reasonably well-
matured. Specifically, lots of Natural (sun-dried) Seedless, Golden 
Seedless, Dipped Seedless, Oleate and Related Seedless, Monukka, and 
Other Seedless raisins must contain at least 50 percent, by weight, of 
raisins that are well-matured or reasonably well-matured, or what is 
commonly referred to by the industry as the ``B or better'' maturity 
standard.

Dockage System for Maturity

    Section 989.213 provides that handlers may acquire, under an 
agreement with a producer, raisins falling outside the tolerance for 
maturity specified in Sec. 989.701. Specifically, handlers may acquire 
any lot of Natural (sun-dried) Seedless, Golden Seedless, Dipped 
Seedless, Oleate and Related Seedless, Monukka, and Other Seedless 
raisins which contain from 35.0 to 49.9 percent, by weight, of well-
matured or reasonably well-matured raisins under a weight dockage 
system. The dockage system is applied similarly to the substandard 
dockage system previously described. The creditable weight of each lot 
of raisins acquired by handlers under the maturity dockage system is 
obtained by multiplying the applicable net weight of the lot of raisins 
by the applicable dockage factor in the tables in Sec. 989.213. The 
dockage factor reduces the weight of the raisins needed to be removed 
in order for the remainder of the lot to meet minimum maturity 
requirements after processing and packing. The weight determined in 
this manner represents the creditable weight of the raisins which is 
used as a basis for applicable marketing order obligations and handler 
payments to producers. Those raisins failing to meet the maturity 
tolerance level of 35.0 percent are returned to the producer or 
reconditioned by the handler (at the producer's expense) to bring the 
lot up to acceptable quality standards. If a lot of raisins is subject 
to both a maturity and substandard dockage factor, only the highest of 
the two dockage factors is applied.
    In addition, the maturity dockage system is divided into three 
categories depending on the percentage of well-matured or reasonably 
well-matured raisins in a lot. The creditable fruit weight of raisins 
delivered by producers to handlers in the first category, which 
includes lots containing between 45.0 to 49.9 percent well-matured or 
reasonably well-matured raisins, is reduced .05 percent for each 0.1 
percent the lot is below 50.0 percent down to 45.0 percent. The 
creditable fruit weight of raisins delivered by producers to handlers 
in the second category, which includes lots containing between 40.0 to 
44.9 percent well-matured or reasonably well-matured raisins, is 
reduced 0.1 percent for each 0.1 percent the lot is below 44.9 percent 
down to 40.0 percent. The creditable fruit weight of raisins delivered 
by producers to handlers in the third category, which includes lots 
containing between 35.0 to 39.9 percent well-matured or reasonably 
well-matured raisins, is reduced 0.15 percent for each 0.1 percent the 
lot is below 39.9 percent down to 35.0 percent. Applicable marketing 
order obligations and producer payments are reduced accordingly.
    Because of the unusual crop conditions this season created by El 
Nino, the Committee predicts that a relatively high percentage of the 
1998-99 crop will fall below the 35.0 percent tolerance level for 
maturity. Thus, the Committee recommended that the minimum allowable 
level for maturity in lots of raisins delivered by producers that can 
be acquired under the dockage system be reduced, for the 1998-99 crop 
year only, from 35.0 to 30.0 percent.
    The Committee also recommended that the creditable fruit weight of 
raisin deliveries in this fourth category created for the 1998-99 crop 
year, or lots containing between 30.0 to 34.9 percent well-matured or 
reasonably well-matured raisins, be reduced 0.2 percent for each 0.1 
percent the lot is below 34.9 percent down to 30.0 percent. Applicable 
marketing order obligations and producer payments will be reduced 
accordingly. Lots containing 29.9 percent or less raisins which are 
well-matured or reasonably well-matured raisins will be considered off-
grade and require reconditioning before they can

[[Page 56784]]

be acquired by handlers. A new paragraph (e) is added to Sec. 989.213 
for this fourth category and applies only to the 1998-99 crop year.
    Similar to relaxing the substandard dockage system, reducing the 
minimum allowable level for maturity for the 1998-99 crop year will 
reduce the number of lots of raisins returned by handlers to producers 
or reconditioned by handlers at the producers' expense. Handlers will 
be able to acquire more lots of raisins upon first inspection without 
experiencing further delay while waiting for failing lots to be 
reconditioned and reinspected. The ability to acquire more raisins upon 
first inspection will help handlers better meet early season market 
needs.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this action on small entities. Accordingly, AMS has 
prepared this initial regulatory flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are approximately 20 handlers of California raisins who are 
subject to regulation under the order and approximately 4,500 raisin 
producers in the regulated area. Small agricultural service firms have 
been defined by the Small Business Administration (13 CFR 121.601) as 
those having annual receipts of less than $5,000,000, and small 
agricultural producers are defined as those having annual receipts of 
less than $500,000. No more than 7 handlers, and a majority of 
producers, of California raisins may be classified as small entities. 
Thirteen of the 20 handlers subject to regulation have annual sales 
estimated to be at least $5,000,000, and the remaining 7 handlers have 
sales less than $5,000,000, excluding receipts from any other sources.
    This rule relaxes the substandard and maturity dockage systems 
specified in Secs. 989.212 and 989.213, respectively, of the order's 
regulations. These sections allow handlers to acquire raisins from 
producers under a weight dockage system and adjust their payments and 
marketing order obligations according to the percentage of substandard 
raisins in a lot, or percentage of raisins falling below certain levels 
of maturity. Because of unusual crop conditions this year created by El 
Nino, the industry predicts that a relatively high percentage of the 
1998 crop will fall outside the limits of the dockage systems. Relaxing 
the limits will reduce the number of lots of raisins returned by 
handlers to producer or reconditioned by handlers at the producers' 
expense.
    Relaxing the dockage limits for the 1998-99 crop year will allow 
handlers to acquire more lots of raisins that fall outside specified 
tolerances for substandard raisins and maturity. Thus, fewer lots will 
be returned to producers for reconditioning. Transportation costs for 
hauling raisins to and from the handler's premises (estimated at $5.00 
per ton one way) for reconditioning and re-inspection will be 
eliminated. Producers will also save on reconditioning costs. Producer 
costs for reconditioning substandard raisins (a ``dry'' vacuuming 
process) are estimated at $20.00 per ton. Producer costs for 
reconditioning raisins falling below certain maturity levels (usually a 
``wash and dry'' process) are estimated at $140.00 per ton. Producers 
will also save on re-inspection costs at $8.50 per ton because more of 
their raisins will meet the relaxed incoming substandard and maturity 
requirements upon first inspection. In summary, producers whose lots of 
raisins fall into the extended dockage limits for substandard raisins 
will not have to incur $38.50 per ton in costs for hauling, ``dry'' 
reconditioning, and re-inspection. Producers whose lots fall into the 
revised dockage limits for maturity will not have to incur $158.00 per 
ton in costs for hauling, ``wet'' reconditioning, and re-inspection.
    Relaxing the dockage limits may cause handlers to incur some 
additional costs because, while the incoming quality requirements are 
relaxed, outgoing quality requirements will remain unchanged. Thus, the 
burden of removing substandard raisins or raisins falling below certain 
levels of maturity will be shifted from producers to handlers. Although 
handlers will have this additional burden, handlers can more 
efficiently and economically manage the situation because they already 
have the processing equipment designed to remove the undesirable fruit.
    The Committee considered some alternatives to the recommended 
action. The Committee has an appointed subcommittee which periodically 
holds public meetings to discuss changes to the order and other issues. 
The subcommittee met on October 6, 1998. There was some deliberation at 
the subcommittee meeting about revising the order's tolerances for mold 
for the 1998-99 crop year. However, the majority of subcommittee 
members did not support any change to the mold tolerances at this time.
    Another alternative discussed at the subcommittee and Committee 
meetings was to reduce the maturity dockage limit from 35.0 to 30.0 
percent, as recommended, but revise the dockage factor by 0.15 percent 
rather than the higher increment of 0.20 percent as recommended by the 
Committee. However, some handlers believe that the higher incremental 
dockage is necessary to accommodate a handler's ability to meet the 
minimum outgoing quality requirements for maturity. Thus, the Committee 
unanimously recommended that the higher increment of 0.20 percent was 
appropriate.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large raisin handlers. 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. Finally, the Department has not identified 
any relevant Federal rules that duplicate, overlap or conflict with 
this rule.
    In addition, the Committee's subcommittee meeting on October 6, 
1998, and the Committee meeting on October 8, 1998, where this action 
was deliberated were public meetings widely publicized throughout the 
raisin industry. All interested persons were invited to attend the 
meetings and participate in the industry's deliberations. Finally, all 
interested persons are invited to submit information on the regulatory 
and informational impacts of this action on small businesses.
    After consideration of all relevant material presented, including 
the Committee's recommendation, and other information, it is found that 
this interim final rule, as hereinafter set forth, will tend to 
effectuate the declared policy of the Act.
    This rule invites comments on relaxing the substandard and maturity 
dockage systems currently specified under the California raisin order. 
Any comments received will be considered prior to finalization of this 
rule.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that 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

[[Page 56785]]

date of this rule until 30 days after publication in the Federal 
Register because: (1) The 1998-99 crop year began on August 1, 1998, 
and this rule should be effective as soon as possible because producers 
are already delivering 1998-99 crop raisins to handlers; (2) handlers 
are incurring costs for storing raisins that are tagged as off-grade 
because they fail to meet the current dockage system limits but would 
meet the relaxed dockage limits; (3) handlers are in need of raisins to 
meet their seasonal market needs; (4) this action relaxes requirements 
currently in effect; (5) producers and handlers are aware of this 
action which was unanimously recommended by the Committee at a public 
meeting and need no preparation time to comply; and (6) this rule 
provides a 60-day comment period and any comments received will be 
considered prior to finalization of this rule.

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. In Sec. 989.212, paragraph (a) and the notes following 
paragraphs (b) and (c) are revised to read as follows:


Sec. 989.212  Substandard dockage.

    (a) General. Subject to prior agreement between handler and 
tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped 
Seedless, Oleate and Related Seedless, Monukka, and Other Seedless 
raisins containing from 5.1 through 17.0 percent, by weight, of 
substandard raisins may be acquired by a handler under a weight dockage 
system: Provided, That, for the 1998-99 crop year, such raisins 
containing from 5.1 through 25.0 percent, by weight, of substandard 
raisins may be acquired by a handler under a weight dockage system. A 
handler may also, subject to prior agreement, acquire as standard 
raisins any lot of Muscat (including other raisins with seeds), 
Sultana, and Zante Currant raisins containing from 12.1 through 20.0 
percent, by weight, of substandard raisins under a weight dockage 
system: Provided, That, for the 1998-99 crop year, a handler may 
acquire such raisins containing from 12.1 through 35.0 percent, by 
weight, of substandard raisins under a weight dockage system. The 
creditable weight of each lot of raisins acquired under the substandard 
dockage system shall be obtained by multiplying the net weight of the 
lot of raisins by the applicable dockage factor from the appropriate 
dockage table prescribed in paragraph (b) or (c) of this section.

    (b) * * *

    Note to paragraph (b): Percentages in excess of the last 
percentage shown in the table shall be expressed in the same 
increments as the foregoing, and the dockage factor for each such 
increment shall be .001 less than the dockage factor for the 
preceding increment. Deliveries in excess of 17.0 percent would be 
off-grade; therefore, the dockage factor does not apply: Provided, 
That, for the 1998-99 crop year, deliveries in excess of 25.0 
percent would be off-grade; therefore, the dockage factor does not 
apply.

    (c) * * *

    Note to paragraph (c): Percentages in excess of the last 
percentage shown in the table shall be expressed in the same 
increments as the foregoing, and the dockage factor for each such 
increment shall be .001 less than the dockage factor for the 
preceding increment. Deliveries in excess of 20.0 percent would be 
off-grade; therefore, the dockage factor does not apply: Provided, 
That, for the 1998-99 crop year, deliveries in excess of 35.0 
percent would be off-grade; therefore, the dockage factor does not 
apply.

    3. Section 989.213 is amended by revising paragraph (a) and the 
note following the table in paragraph (d), and adding a new paragraph 
(e) to read as follows:


Sec. 989.213  Maturity dockage.

    (a) General. Subject to prior agreement between handler and 
tenderer, Natural (sun-dried) Seedless, Golden Seedless, Dipped 
Seedless, Oleate and Related Seedless, Monukka, and Other Seedless 
raisins containing from 35.0 percent through 49.9 percent, by weight, 
of well-matured or reasonably well-matured raisins may be acquired by a 
handler under a weight dockage system: Provided, That, for the 1998-99 
crop year, such raisins containing from 30.0 through 49.9 percent, by 
weight, of well-matured or reasonably well-matured raisins may be 
acquired by a handler under a weight dockage system. The creditable 
weight of each lot of raisins acquired under the maturity dockage 
system shall be obtained by multiplying the net weight of the lot of 
raisins by the applicable dockage factor from the dockage table 
prescribed in paragraphs (b), (c), (d), and (e) of this section.
* * * * *
    (d) * * *

    Note to paragraph (d): Percentages less than the last percentage 
shown in the table shall be expressed in the same increments as the 
foregoing, and the dockage factor for each such increment shall be 
.0015 less than the dockage factor for the preceding increment. With 
the exception of the 1998-99 crop year as provided in paragraph (e) 
of this section, no dockage shall apply to lots of raisins 
containing 34.9 percent or less of well-matured or reasonably well-
matured raisins.

    (e) For the 1998-99 crop year, maturity dockage table applicable 
to lots of Natural (sun-dried) Seedless, Golden Seedless, Dipped 
Seedless, Oleate and Related Seedless, Monukka, and Other Seedless 
raisins which contain 30.0 percent through 34.9 percent well-matured 
or reasonably well-matured raisins:

------------------------------------------------------------------------
                                                                Dockage
       Percent well-matured or reasonably well-matured           factor
------------------------------------------------------------------------
34.9.........................................................     0.8480
34.8.........................................................     0.8460
34.7.........................................................     0.8440
34.6.........................................................     0.8420
34.5.........................................................     0.8400
34.4.........................................................     0.8380
------------------------------------------------------------------------

    Note in paragraph (e): Percentages less than the last percentage 
shown in the table shall be expressed in the same increments as the 
foregoing, and the dockage factor for each such increment shall be 
.002 less than the dockage factor for the preceding increment. No 
dockage shall apply to lots of raisins containing 29.9 percent or 
less of well-matured or reasonably well-matured raisins.

    Dated: October 21, 1998.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-28557 Filed 10-22-98; 8:45 am]
BILLING CODE 3410-02-U