Unknown. Final rule
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/register/2000/05/12/00-11922·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2000-05-12.xml --- 65 93 Friday, May 12, 2000 Contents Agricultural Agricultural Marketing Service RULES Raisins produced from grapes grown in— California, 30525-30527 00-11922 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 30560-30562 00-11923 Alcohol Alcohol, Tobacco and Firearms Bureau NOTICES Agency information collection activities:
Proposed collection; comment request, 30668-30673 00-12005 00-12006 00-12007 00-12008 00-12009 00-12010 00-12011 00-12012 00-12013 Antitrust Antitrust Division NOTICES National cooperative research notifications: Application Service Provider Industry Consortium, Inc., 30609-30610 00-12046 Center for Waste Reduction Technologies, 30610 00-12042 IAP Research, Inc., 30610 00-12038 Management of Accelerated Technology Insertion II, 30610-30611 00-12047 Multiservice Switching Forum, 30611 00-12037 Petroleum Environmental Research Forum, 30611 00-12040 00-12043 Petrotechnical Open Software Corp., 30612 00-12045 Rotorcraft Technology Association, Inc., 30612 00-12041 Secure Digital Music Initiative, 30612 00-12044 United Technologies Research Center, 30612-30613 00-12048 Water Heater Industry Joint Research and Development Consortium, 30613 00-12039 Army Army Department See Engineers Corps Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency information collection activities:
Submission for OMB review; comment request, 30563-30564 00-12029 00-12031 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 30562-30563 00-11993 00-11994 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles: Belarus, 30572 00-12026 Cambodia, 30571 00-12023 Nepal, 30570-30571 00-12025 Romania, 30572 00-12024 Corporation Corporation for National and Community Service NOTICES Grants and cooperative agreements; availability, etc.:
AmeriCorps* programs— AmeriCorps State Competitive and National programs, and Learn and Serve America K-12 School-based programs, 30572-30573 00-11962 Customs Customs Service PROPOSED RULES Educational and scientific institutions; instruments and apparatus: Florence Agreement Program; procedures changes, 30555-30558 00-11734 Defense Defense Department See Engineers Corps NOTICES Reciprocal procurement memoranda of understanding; implementation reviews, 30573 00-11976 Drug Drug Enforcement Administration RULES Schedules of controlled substances:
Gamma-hydroxybutyric acid; placement into Schedule I, 30541-30542 00-11884 NOTICES *Applications, hearings, determinations, etc.:* Abud-Sanchez, Danilo, M.D., 30613 00-11887 Doughton, Robert P., M.D., 30614 00-11886 Dupont Pharmaceuticals, 30614 00-11891 Johnson Matthey, Inc., 30614-30615 00-11892 Lifepoint, Inc., 30615 00-11888 Lipomed, Inc., 30615-30616 00-11885 Mallinckrodt, Inc., 30616 00-11889 Redard, Edson W., M.D., 30616-30619 00-11890 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.:
Career Resource Network State Grants, 30797-30820 00-11992 Indian education programs— Even Start Family Literacy Program, 30574-30575 00-12162 Special education and rehabilitative services: Blind vending facilities under Randolph-Sheppard Act— Arbitration panel decisions, 30575-30577 00-11914 Employment Employment and Training Administration NOTICES Grants and cooperative agreements; availability, etc.: Quality Child Care Initiative, 30623-30630 00-11977 Workforce Investment Act; implementation:
Lower living standard income level determination, 30630-30636 00-11978 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 30637-30638 00-11670 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Meetings: Secretary of Energy Advisory Board, 00-12114 30577-30578 00-12115 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Marshall and Livingston Counties, KY;
Kentucky Lock Addition Project, 30573-30574 00-12034 EPA Environmental Protection Agency RULES Pesticides; tolerances in food, animal feeds, and raw agricultural commodities: Dicamba, 30543-30545 00-11872 Water pollution control: Ocean dumping; disposal sites management criteria; CFR correction, 30545 00-55507 NOTICES Agency information collection activities: Proposed collection; comment request, 30585 00-12020 Committees; establishment, renewal, termination, etc.: EPA-USDA Committee to Advise on Reassessment and Transition, 30585-30586 00-12131 Confidential business information and data transfer, 30586-30587 00-12018 Environmental statements; availability, etc.:
Agency statements— Comment availability, 30587 00-12016 Weekly receipts, 30587 00-12015 Environmental statements; notice of intent: Meramec River and Wetlands Protection Project, MO, 30587-30588 00-12019 Grants and cooperative agreements; availability, etc.: Chesapeake Bay Program, 30588 00-12000 Meetings: National Strategy to Develop Regional Nutrient Criteria; stakeholders, 30588-30589 00-12001 Science Advisory Board, 30589-30591 00-12021 Pesticide, food, and feed additive petitions:
Zeneca Ag Products, 30591-30596 00-11871 Executive Executive Office of the President See Presidential Commission on Assignment of Women in the Armed Forces See Presidential Documents FAA Federal Aviation Administration RULES Airworthiness directives: Airbus, 30536-30537 00-11548 Boeing, 30532-30534 00-11545 Empresa Brasileira de Aeronautica S.A. (EMBRAER), 30539-30541 00-11547 Fokker, 30529-30531 00-11546 McDonnell Douglas, 30534-30536 00-11544 Raytheon, 30538-30539 00-11549 Rolls-Royce plc, 30527-30529 00-11862 Class E airspace; correction, 30541 00-10714 PROPOSED RULES Airworthiness directives:
Boeing, 30553-30555 00-11952 Class D and Class E airspace; correction, 30678 C0-10913 Class E airspace; correction, 30678 C0-8969 FCC Federal Communications Commission RULES Radio stations; table of assignments: Wyoming and Colorado, 30547 00-11913 PROPOSED RULES Radio stations; table of assignments: Michigan, 30558-30559 00-11912 NOTICES Agency information collection activities: Proposed collection; comment request, 30596-30597 00-11973 Reporting and recordkeeping requirements, 30597 00-11975 Submission for OMB review; comment request, 30597-30598 00-11972 Common carrier services:
Wireless telecommunications services— 700 MHz guard bands; licenses auction postponed, 30598 00-11970 Fixed, mobile, and broadcasting services in 747-762 and 777-792 MHz bands; licenses auction postponed, 30598 00-11971 Digital television stations; table of assignments: Illinois, 30599 00-11974 Federal Emergency Federal Emergency Management Agency RULES Flood insurance; communities eligible for sale: Various States, 30545-30547 00-11988 NOTICES Disaster and emergency areas: Maine, 30599 00-11990 Maryland, 30599-30600 00-11989 Reports and guidance documents; availability, etc.:
Flood insurance program; call for issues, 30600 00-11987 Federal Energy Federal Energy Regulatory Commission NOTICES Hydroelectric applications, 30583-30585 00-11934 00-11935 *Applications, hearings, determinations, etc.:* Amoco Energy Trading Corp. et al., 30578 00-11936 ANP Bellingham Energy Co., 30578-30579 00-11932 ANP Blackstone Energy Co., 30579 00-11957 CinCap VII, LLC, et al., 30579 00-11927 Duke Energy Trenton, LLC, 30579-30580 00-11925 Duke Energy Vermillion, LLC, et al., 30580 00-11926 Indeck Colorado, LLC, 30580-30581 00-11928 Indeck-Rockford, L.L.C., 30581 00-11931 Iroquois Gas Transmission System, L.P., 30581-30582 00-11924 Panda Gila River, L.P., et al., 30582 00-11930 Rainy River Energy Corp., 30582-30583 00-11933 Western New York Wind Corp., 30583 00-11929 FMC Federal Maritime Commission NOTICES Ocean transportation intermediary licenses:
Pactrans Marine, Inc., 30600 00-11991 Federal Procurement Federal Procurement Policy Office NOTICES Government contracts; maximum benchmark compensation determination, 30640 00-12017 Fish Fish and Wildlife Service RULES National Wildlife Refuge System: Hunting and fishing— Refuge-specific regulations, 30771-30795 00-11410 NOTICES Comprehensive conservation plans; availability, etc.: Cedar Island and Pea Island National Wildlife Refuges, NC, 30603 00-11940 Pelican Island National Wildlife Refuge et al., FL, 30603-30604 00-11939 St.
Marks National Wildlife Refuge, FL; correction, 30678 C0-10683 Endangered and threatened species: Recovery plans— California red-legged frog, 30604-30605 00-11947 Endangered and threatened species permit applications, 30604 00-11938 Forest Forest Service NOTICES Appealable decisions; legal notice: Northern Region, 30562 00-11946 Health Health and Human Services Department NOTICES Organization, functions, and authority delegations: Public Health and Science Office, 30600-30601 00-11958 Housing Housing and Urban Development Department RULES Community facilities:
Supportive Housing Program; operating cost percentage increase, 30821-30823 00-11894 NOTICES Agency information collection activities: Proposed collection; comment request, 30601-30602 00-11895 00-11896 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 30603 00-11541 Indian Indian Affairs Bureau NOTICES Environmental statements; availability, etc.: Navajo Nation, AZ and NV; Navajo Ten-Year Forest Management Plan Correction, 30605 00-12087 Tribal-State Compacts approval;
Class III (casino) gambling: Choctaw Nation, OK, 30605 00-11942 Confederated Salish and Kootenai Tribes, MT, 30605-30606 00-11943 Tunica-Biloxi Tribe, LA, 30606 00-11941 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service IRS Internal Revenue Service NOTICES Agency information collection activities: Proposed collection; comment request, 30673-30677 00-11903 00-11904 00-11905 00-11906 00-11907 00-11908 00-11909 International International Trade Administration PROPOSED RULES Educational and scientific institutions; instruments and apparatus:
Florence Agreement Program; procedures changes, 30555-30558 00-11734 NOTICES Export trade certificates of review, 30564 00-12049 Overseas trade missions: 2000 trade missions— Business development trade mission to Egypt, Kenya, and South Africa, 30564-30565 00-11915 Justice Justice Department See Antitrust Division See Drug Enforcement Administration See National Institute of Corrections See Prisons Bureau NOTICES Pollution control; consent judgments: Atkemix Thirty-Seven, Inc., et al., 30609 00-12036 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Committees; establishment, renewal, termination, etc.:
Central California Resource Advisory Council, 30606 00-11966 Public land orders: Oregon, 30606-30607 00-11995 Survey plat filings: Florida, 30607 00-11965 New Mexico, 30607 00-11916 Management Management and Budget Office See Federal Procurement Policy Office NASA National Aeronautics and Space Administration NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive: Access, LLC, 30640 00-11980 Cognitive Technologies, LLC, 30640-30641 00-11984 CyberLearning Technologies, Inc., 30641 00-11983 East3.com, LLC, 30641 00-11982 Meridian Holdings, Inc., 30641 00-11981 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:
Occupant crash protection— Future air bags designed to create less risk of serious injuries for small women and young children and provide improved frontal crash protection, 30679-30770 00-11577 National Institute National Institute of Corrections NOTICES Grants and cooperative agreements; availability, etc.: Institutional culture assessment, 30619-30621 00-11897 Transition from prison to community, 30621-30622 00-11898 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management:
Alaska; fisheries of Excluive Economic Zone— License Limitation Program; correction, 30549 00-12028 Caribbean, Gulf, and South Atlantic fisheries— Gulf of Mexico shrimp, 30547-30548 00-12032 Northeastern United States fisheries— Northeast multispecies; correction, 30548-30549 00-12030 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska groundfish, 30559 00-12027 NOTICES Environmental statements; availability, etc.: Point Comfort, TX;
Alcoa Point Comfort/Lavaca Bay NPL Site recreational fishing service losses; damage assessment and restoration plan, 30565-30566 00-11512 Grants and cooperative agreements; availability, etc.: Southeast Bering Sea Carrying Capacity Research Project, 30566-30570 00-12033 National Park National Park Service NOTICES Environmental statements; availability, etc.: Death Valley National Park, CA; Timbisha Shoshone Homeland, 30607-30608 00-11954 Reports and guidance documents; availability, etc.:
Yosemite National Park, El Portal Administrative Site, CA; leasing regulations/guidelines, 30608-30609 00-11953 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 30641-30642 00-11963 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 30642 00-12178 Nuclear Nuclear Regulatory Commission PROPOSED RULES Rulemaking petitions: Epstein, Eric Joesph, 30550-30553 00-11955 NOTICES *Applications, hearings, determinations, etc.:* Portland General Electric Co. et al., 30642-30643 00-11956 Occupational Occupational Safety and Health Administration NOTICES Nationally recognized testing laboratories, etc.:
SGS U.S. Testing Company, Inc., 30638-30640 00-11979 Personnel Personnel Management Office NOTICES Privacy Act: Systems of records, 30643-30644 00-12054 Presidential Presidential Commission on Assignment of Women in the Armed Forces RULES CFR Chapter removed, 30542-30543 00-55506 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Mother's Day (Proc. 7305), 30827-30828 00-12259 EXECUTIVE ORDERS Africa, sub-Saharan; granting access to HIV/AIDS pharmaceuticals and medical technologies (EO 13155), 30521-30523 00-12177 Prisons Prisons Bureau NOTICES Environmental statements; notice of intent:
Criminal alien population in non-Federal low-security correctional facilities; cancellation, 30622 00-11789 Northumberland County, PA; medium-security Federal correctional institution development, 30622-30623 00-11788 SEC Securities and Exchange Commission NOTICES Agency information collection activities: Proposed collection; comment request, 30644-30646 00-11917 00-11918 Self-regulatory organizations; proposed rule changes: Pacific Exchange, Inc., 30654-30666 00-11920 Philadelphia Stock Exchange, Inc., 30666-30667 00-11919 *Applications, hearings, determinations, etc.:* Allianz Life Insurance Co. of North America et al., 30646-30650 00-11959 Public utility holding company filings, 30650-30651 00-11961 Valley Forge Life Insurance Co. et al., 30651-30654 00-11960 Surface Surface Transportation Board NOTICES Railroad services abandonment:
Burlington Northern & Santa Fe Railway Co., 30668 00-11840 TVA Tennessee Valley Authority NOTICES Agency information collection activities: Submission for OMB review; comment request, 30667-30668 00-11967 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Thrift Thrift Supervision Office RULES Operations: Government securities transfer and repurchase Effective date, 30527 00-11910 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Surface Transportation Board Treasury Treasury Department See Alcohol, Tobacco and Firearms Bureau See Customs Service See Internal Revenue Service See Thrift Supervision Office Separate Parts In This Issue Part II Department of Transportation, National Highway Transportation Safety Administration, 30679-30770 00-11577 Part III Department of Interior, Fish and Wildlife Service, 30771-30795 00-11410 Part IV Department of Education, 30797-30820 00-11992 Part V Department of Housing and Urban Development, 30821-30823 00-11894 Part VI The President, 30825-30828 00-12259 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. 65 93 Friday, May 12, 2000 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Docket No.
FV00-989-2 FR] Raisins Produced From Grapes Grown in California; Increase in Compensation Rate for Handlers' Services Performed Regarding Reserve Raisins AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This rule increases, by approximately 15 percent, the compensation rate for handlers' services performed in connection with reserve 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).
These changes are necessary to reflect current industry costs. EFFECTIVE DATE: August 1, 2000. FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, 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, room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone:
(202)720-2491, or Fax:
(202)720-5698. Small businesses may request information on complying with this regulation 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)720-5698; or E-mail: Jay.Guerber@usda.gov. SUPPLEMENTARY INFORMATION: This final 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 final 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 final rule increases the compensation rate for handlers' services performed in connection with reserve raisins covered under the order. Under the order, handlers are compensated for receiving, storing, fumigating, and handling reserve tonnage raisins acquired during a crop year. This rule increases this rate from $40 to $46 per ton to reflect current industry costs. This action was unanimously recommended by the Committee on November 10, 1999. Additional payment for reserve raisins held beyond the crop year of acquisition will be increased from $2.00 to $2.30 per ton for the first 3 months, and from $1.03 to $1.18 per ton per month for the remaining 9 months. This action was unanimously recommended by the Committee on January 13, 2000. The order provides authority for volume regulation designed to promote orderly marketing conditions, stabilize prices and supplies, and improve producer returns. When volume regulation is in effect, a certain percentage of the California raisin crop may be sold by handlers to any market (free tonnage) while the remaining percentage must be held by handlers in a reserve pool (or reserve) for the account of the Committee. Reserve raisins are disposed of through certain programs authorized under the order. For instance, reserve raisins may be sold by the Committee to handlers for free use; used in diversion programs; carried over as a hedge against a short crop the following year; or disposed of in other outlets not competitive with those for free tonnage raisins, such as government purchase, distilleries, or animal feed. Proceeds generated from sales of reserve raisins are also used to support handler sales to export markets, which are generally lower-priced than the domestic market. Net proceeds from sales of reserve raisins are distributed to the reserve pool's equity holders, primarily producers. Section 989.66(f) of the order specifies that handlers be compensated for receiving, storing, fumigating, and handling that tonnage of reserve raisins determined by the reserve percentage of a crop year and held by them for the account of the Committee, in accordance with a schedule of payments established by the Committee and approved by the Secretary. Such compensation is paid by the Committee to handlers as soon as practicable after the end of the second quarter of the crop year (January) and quarterly thereafter. The crop year runs from August 1 through July 31. The order also requires that the Committee review this rate annually. Section 989.401(a) of the order's rules and regulations specifies that handlers be compensated at a rate of $40 per ton (natural condition weight at the time of acquisition) for receiving, storing, fumigating, and handling reserve raisins acquired during a particular crop year. The Committee conducted a survey among handlers to obtain data on the current costs of receiving, storing, fumigating, and handling raisins. The survey showed that such costs ranged from about $40 to $71.50 per ton. After analyzing the survey, the Committee recommended that the compensation rate provided for such services performed in connection with reserve raisins be increased from $40 to $46 per ton to reflect current industry costs. Paragraph (a)(1) of § 989.401 is modified accordingly. In addition, the Committee recommended that payment to handlers for reserve raisins held beyond the end of a crop year be increased by the same percentage (15 percent). Additional payment for reserve raisins held beyond the crop year of acquisition is thus increased from $2.00 to $2.30 per ton for the first 3 months (August through October), and from $1.03 to $1.18 per ton per month for the remaining 9 months (November through July). Paragraph
(b)of § 989.401 is modified accordingly. This final rule also makes a minor correction to paragraph
(b)of § 989.401. That paragraph, which, as indicated above, specifies the additional payment for reserve raisins held beyond the crop year of acquisition, states such additional payment for months reflecting a crop year from September 1 through August 31. However, the order was amended in 1976 to change the crop year from August 1 through July 31. Thus, the first 3 months of the crop year are August through October, rather than September through November, and the remaining 9 months of the crop year are the period November through July. Paragraph
(b)of § 989.401 is modified accordingly. Finally, this final rule makes a conforming change to paragraph
(c)of § 989.401 regarding rental payment on boxes and bins containing raisins held beyond the crop year of acquisition. Persons who furnish boxes or bins used for storing reserve raisins are compensated for the use of such containers. Section 989.401(c) currently reflects a crop year from September 1 through August 31 and is modified to reflect the current August 1 through July 31 crop year. 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 final 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 121.201) 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. Thirteen of the 20 handlers 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. No more than 7 handlers and a majority of producers of California raisins may be classified as small entities. Pursuant to § 989.66(f) of the order, this rule increases the compensation rate for handlers' services performed in connection with reserve raisins covered under the order. This rule revises paragraphs (a)(1) and
(b)of § 989.401, respectively, to increase the handlers' compensation for receiving, storing, fumigating, and handling reserve raisins acquired during a particular crop year from $40 to $46 per ton, and increases such additional payment for reserve raisins held beyond the crop year of acquisition from $2.00 to $2.30 per ton for the first 3 months (August through October), and from $1.03 to $1.18 per ton per month for the remaining 9 months (November through July). These changes are necessary to reflect current industry costs. Conforming changes are also made to paragraphs
(b)and
(c)of § 989.401 to reflect the current August 1 through July 31 crop year. Regarding the impact of this rule on affected entities, handlers and producers, the order provides that handlers store reserve raisins for the account of the Committee. Net proceeds from sales of such reserve raisins are distributed back to the reserve pool's equity holders, primarily producers. Handlers are compensated from reserve pool funds for their costs in receiving, storing, fumigating, and handling reserve raisins. Currently, handlers are compensated at a rate of $40 per ton for reserve raisins acquired during a particular crop year. For example, for the 1997-98 crop year, about 130,000 tons of raisins were held in reserve, and handlers were compensated a total of about $5.7 million from the 1997-98 reserve pool. A Committee survey showed that handler costs regarding reserve raisins has increased in recent years and that handlers have been absorbing these costs. Increasing the $40 per ton fee to $46 per ton for reserve raisins acquired during a particular crop year more appropriately reflects the costs incurred by handlers and thereby reduces net proceeds to equity holders. There should be no disproportionate impact of this action on small entities. Costs are allocated to equity holders based on their proportionate share of raisins in the reserve pool. In addition, this cost is incorporated into the price of reserve raisins that are sold to handlers for free use. Thus, the reserve pool is ultimately reimbursed for some of this cost. Other alternatives to the rates adopted herein were considered by the raisin industry prior to the Committee's recommendations. The Committee's Administrative Issues Subcommittee met on November 9, 1999, and considered rates of $44 and $50 per ton for services performed in connection with reserve raisins acquired during a crop year. Ultimately, the Committee concluded that the $46 per ton rate for services performed during the year of acquisition, and comparable rates for the succeeding crop year, were appropriate. This final rule increases the compensation rate for handlers' services regarding reserve tonnage raisins. Accordingly, this action imposes no 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 Administrative Issues Subcommittee meeting on November 9, 1999, and the Committee meetings on November 10, 1999, and on January 13, 2000, where this action was deliberated were all public meetings widely publicized throughout the raisin industry. All interested persons were invited to attend the meetings and participate in the industry's deliberations. A proposed rule concerning this action was published in the **Federal Register** on February 9, 2000 (65 FR 6341). Copies of the rule were mailed by the Committee staff to all Committee members and alternates, the Raisin Bargaining Association, handlers, and dehydrators. In addition, the rule was made available through the Internet by the Office of the Federal Register. That rule provided for a 60-day comment period which ended April 10, 2000. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at the following web site: http://www.ams.usda.gov/fv/moab/html. Any questions about the compliance guide should be sent to Jay Guerber at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. After consideration of all relevant matter presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule, as hereinafter set forth, 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. In § 989.401, paragraphs (a)(1), (b), and
(c)are revised to read as follows: § 989.401 Payments for services performed with respect to reserve tonnage raisins.
(a)*Payment for crop year of acquisition.*
(1)*Receiving, storing, fumigating, and handling.* Each handler shall be compensated at a rate of $46 per ton (natural condition weight at the time of acquisition) for receiving, storing, fumigating, and handling the reserve tonnage raisins, as determined by the final reserve tonnage percentage, acquired during a particular crop year and held by the handler for the account of the Committee during all or any part of the same crop year.
(b)*Additional payment for reserve tonnage raisins held beyond the crop year of acquisition.* Additional payment for reserve tonnage raisins held beyond the crop year of acquisition shall be made in accordance with this paragraph. Each handler holding such raisins for the account of the Committee on August 1 shall be compensated for storing, handling, and fumigating such raisins at the rate of $2.30 per ton per month, or any part thereof, between August 1 and October 31, and at the rate of $1.18 per ton per month, or any part thereof, between November 1 and July 31. Such services shall be completed so that the Committee is assured that the raisins are maintained in good condition.
(c)*Payment of rental on boxes and bins containing raisins held beyond the crop year of acquisition.* Payment of rental on boxes and bins containing reserve tonnage raisins held beyond the crop year of acquisition shall be made in accordance with this paragraph. Each handler, producer, dehydrator, and other person who furnishes boxes or bins in which such raisins are held for the account of the Committee on August 1 shall be compensated for the use of such boxes and bins. The rate of compensation shall be: For boxes, two and one-half cents per day, not to exceed a total payment of $1 per box per year, per average net weight of raisins in a sweatbox, with equivalent rates for raisins in boxes other than sweatboxes; and for bins 20 cents per day per bin, not to exceed a total of $10 per bin per year. For purposes of this paragraph, *box* means any container with a capacity of less than 1,000 pounds, and *bin* means any container with a capacity of 1,000 pounds or more. The average net weight of raisins in each type of box shall be the industry average as computed by the Committee for the box in which the raisins are so held. No further compensation shall be paid unless the raisins are so held in the boxes on the succeeding August 1. Dated: May 8, 2000. Robert C. Keeney, Deputy Administrator, Fruit and Vegetable Programs. [FR Doc. 00-11922 Filed 5-11-00; 8:45 am]
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2 references not yet in our index
- 7 CFR 989
- 7 USC 601-674
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