[Federal Register Volume 69, Number 129 (Wednesday, July 7, 2004)]
[Proposed Rules]
[Page 40819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-15283]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 69, No. 129 / Wednesday, July 7, 2004 / 
Proposed Rules  

[[Page 40819]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 993

[Docket No. FV04-993-1 PR]


Dried Prunes Produced in California; Withdrawal of a Proposed 
Rule

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Withdrawal of proposed rule.

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SUMMARY: This action withdraws a proposed rule published in the Federal 
Register on March 26, 2004 (69 FR 15736), on the establishment of an 
undersized prune regulation for the 2004-05 crop year under the Federal 
marketing order for dried prunes (order). The order regulates the 
handling of dried prunes produced in California and is administered 
locally by the Prune Marketing Committee (Committee). On June 4, 2004, 
the California Agriculture Statistics Service (CASS) announced its 
forecast for the 2004 prune harvest at 70,000 natural condition tons, 
60 percent below the average production for the past five years. Based 
on a 70,000 ton crop, there would be insufficient dried prunes to 
justify a 2004-05 undersized volume regulation. Therefore, the proposed 
rule is being withdrawn.

EFFECTIVE DATE: July 8, 2004.

FOR FURTHER INFORMATION CONTACT: Richard P. Van Diest, Marketing 
Specialist, California Marketing Field Office, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 
Monterey Street, suite 102B, Fresno, California 93721; telephone: (559) 
487-5901, fax: (559) 487-5906; or George Kelhart, Technical Advisor, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 
20250-0237; telephone: (202) 720-2491, fax: (202) 720-8938.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue, SW., STOP 0237, Washington, DC 20250-0237; telephone: (202) 
720-2491, fax: (202) 720-8938, or e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Marketing Agreement and Order No. 993, both 
as amended (7 CFR part 993), regulate the handling of dried prunes 
produced in California, hereinafter referred to as the ``order.'' The 
marketing agreement and order are effective under the Agricultural 
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), 
hereinafter referred to as the ``Act.''
    This action withdraws a proposed rule published in the Federal 
Register on March 26, 2004 (69 FR 15736), on the establishment of an 
undersized prune regulation for the 2004-05 crop year for volume 
control purposes. The proposed rule would have required prunes passing 
through specified screen openings to be removed from human consumption 
outlets. For French prunes, the screen opening would have been 
increased from 23/32 to 24/32 of an inch in diameter; and for non-
French prunes, the opening would have been increased from 28/32 to 30/
32 of an inch in diameter. The primary intent behind this proposal was 
to remove the smallest, least desirable of the marketable size dried 
prunes to help balance the supply of dried prunes with demand. The 
proposed undersized regulation would have been in effect from August 1, 
2004, through July 31, 2005.
    Based on the CASS forecast of 70,000 natural condition tons for the 
2004 prune harvest, there will be an insufficient supply of California 
dried prunes to meet the 2004-05 market demand (estimated at 150,000 
natural condition tons). Implementation of the proposed undersized 
regulation would further reduce the supply of prunes entering human 
consumption outlets during the 2004-05 crop year and would not promote 
orderly marketing conditions or further marketing order marketing 
goals. Therefore, the proposed rule is being withdrawn.
    The proposed rule regarding the establishment of an undersized 
regulation for dried prunes for the 2004-05 crop year, published in the 
Federal Register on March 26, 2004 (69 FR 15736), is hereby withdrawn.

List of Subjects in 7 CFR Part 993

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

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

    Dated: June 30, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-15283 Filed 7-6-04; 8:45 am]
BILLING CODE 3410-02-P