Unknown. Final rule
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/register/2002/05/14/02-11949·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-2002-05-14.xml --- 67 93 Tuesday, May 14, 2002 Contents Administration Administration on Aging See Aging Administration Aging Aging Administration NOTICES Grants and cooperative agreements; availability, etc.: National Legal Assistance and Elder Rights Projects, 34455 02-11937 Statewide Legal Hotlines Program, 34455-34456 02-12003 Agricultural Agricultural Marketing Service RULES Raisins produced from grapes grown in— California, 34383-34385 02-11949 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service Army Army Department NOTICES Patent licenses; non-exclusive, exclusive, or partially exclusive:
Asporogenic B. ANTHRACIS expression system; correction, 34519 C2-11067 Load securing and release system; correction, 34519 C2-11073 Low-backscatter aperture structure; correction, 34519 C2-11070 Arts Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Centers for Disease Control and Prevention NOTICES Meetings: Fetal Alcohol Syndrome and Fetal Alcohol Effect National Task Force, 34456 02-11967 Coast Guard Coast Guard PROPOSED RULES Ports and waterways safety:
Racine Harbor, WI; safety zone, 34420-34421 02-12027 NOTICES Meetings: Navigation Safety Advisory Council, 34512 02-12026 Commerce Commerce Department See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Consumer Consumer Product Safety Commission NOTICES Complaints: Daisy Manufacturing Co., Inc.; prehearing conference, 34436-34437 02-12044 Meetings; Sunshine Act, 34437 02-12043 Corporation Corporation for National and Community Service NOTICES Meetings;
Sunshine Act, 34437 02-12095 Customs Customs Service NOTICES Harmonized Tariff Schedule of United States: Volvo Ocean Race; qualifying international athletic event designation; duty-free treatment of related articles, 34518 02-11945 Tariff-rate quotas: Tuna fish, 34518 02-11946 Defense Defense Department See Army Department RULES Vocational rehabilitation and education: Veterans education— Educational Assistance Test Program; increased allowances, 34404-34405 02-11989 Education Education Department NOTICES Agency information collection activities:
Proposed collection; comment request, 34437-34438 02-11960 Submission for OMB review; comment request, 34438 02-11932 Employment Employment and Training Administration NOTICES Agency information collection activities: Proposed collection; comment request, 34476 02-11982 Energy Energy Department See Federal Energy Regulatory Commission NOTICES Electricity export and import authorizations, permits, etc.: ENMAX Energy Marketing Inc., 34439 02-11931 Ontario Energy Trading International Corp., 34439-34440 02-11930 EPA Environmental Protection Agency RULES Air quality implementation plans; approval and promulgation; various States:
California, 34405-34408 02-11823 PROPOSED RULES Air pollutants, hazardous; national emission standards: Engine test cells/stands, 34547-34572 02-11296 Air quality implementation plans; approval and promulgation; various States: California, 34422 02-11824 NOTICES Reports and guidance documents; availability, etc.: Chemical and microbiological analytes, water quality results; and Tribal identifier information exchange, data standard, 34448-34450 02-11827 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration PROPOSED RULES Airworthiness standards:
Special conditions— Fairchild Dornier GmbH Model 728-100 airplane, 34414-34416 02-12023 FCC Federal Communications Commission NOTICES Meetings: 2003 World Radiocommunication Conference Advisory Committee, 34451 02-11981 FDIC Federal Deposit Insurance Corporation RULES Federal Deposit Insurance Act: Post-insolvency interest payment in receiverships with surplus funds, 34385-34387 02-11947 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas:
Kentucky, 34451 02-11958 Maryland, 34451-34452 02-11953 34452 02-11959 Michigan, 34452 02-11957 Missouri, 34452-34453 02-11956 Virginia, 34453 02-11955 West Virginia, 34453-34454 02-11954 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings: Central Illinois Light Co. et al., 34443-34444 02-11948 Virginia Electric & Power Co. et al., 34444-34448 02-11991 *Applications, hearings, determinations, etc.:* Chandeleur Pipe Line Co. et al., 34440 02-11994 Cinergy Energy Services, Inc., 34440-34441 02-11993 Florida Gas Transmission Co., 34441 02-12000 Gulf South Pipeline Co., L.P., 34441 02-11997 Northern Natural Gas Co., 34441-34442 02-11996 34442 02-12002 Rainy River Energy Corp.-Taconite Harbor, 34442 02-11992 Reliant Energy Gas Transmission Co., 34442-34443 02-11998 Sabine Pipe Line LLC, 34443 02-11999 Transcontinental Gas Pipe Line Corp., 34443 02-12001 Federal Highway Federal Highway Administration NOTICES Agency information collection activities:
Submission for OMB review; comment request, 34512-34513 02-12119 Environmental statements; notice of intent: Chisago County, MN, and Polk County, WI, 34513 02-11944 Maricopa County, AZ; correction, 34513-34514 02-11968 Stearns County, MN, 34514 02-11943 Meetings: Uniform Relocation Assistance and Real Property Acquisition Policies Act; listening sessions, 34514-34515 02-11925 Federal Motor Federal Motor Carrier Safety Administration NOTICES Motor carrier safety standards: Driver qualifications— Joest Racing USA, Inc.; commercial driver's license standards exemption application, 34515-34516 02-12036 Federal Reserve Federal Reserve System NOTICES Banks and bank holding companies:
Change in bank control, 34454 02-12019 Formations, acquisitions, and mergers, 34454 02-12005 Permissible nonbanking activities, 34454-34455 02-12018 Meetings; Sunshine Act, 34455 02-12184 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Various plants from Northwestern Hawaiian Islands, HI, 34521-34545 02-11225 Findings on petitions, etc.— Lost River sucker and shortnose sucker, 34422-34423 02-12123 Food Food and Drug Administration RULES Animal drugs, feeds, and related products:
Lincomycin, 34387-34388 02-11933 General enforcement regulations: Exports; notification and recordkeeping requirements; effective date stay, 34387 02-11935 PROPOSED RULES Medical devices: Dental devices— Root-form endosseous dental implants and abutments; reclassification from Class III to Class II, 34416-34420 02-12041 NOTICES Agency information collection activities: Submission for OMB review; comment request, 34456-34457 02-11934 Human drugs: Drug products withdrawn from sale for reasons other than safety or effectiveness— IFEX (ifosfamide for injection), 34457-34458 02-11971 Reports and guidance documents; availability, etc.:
Medical devices— Root-form endosseous dental implants and abutments; Class II special controls, 34458-34459 02-12042 Forest Forest Service NOTICES Agency information collection activities: Proposed collection; comment request, 34467-34469 02-12014 Environmental statements; notice of intent: Lincoln National Forest, NM, 34425 02-11966 Meetings: New Mexico Collaborative Forest Restoration Program Technical Advisory Panel, 34425 02-11965 Harry S. Truman Harry S. Truman Scholarship Foundation NOTICES Meetings;
Sunshine Act, 34455 02-12139 Health Health and Human Services Department See Aging Administration See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Immigration Immigration and Naturalization Service PROPOSED RULES Immigration: User fee increase, 34414 02-12045 Indian Indian Affairs Bureau NOTICES Liquor and tobacco sale or distribution ordinance: Augustine Band of Cahuilla Mission Indians, CA, 34460-34463 02-12012 Santa Rosa Rancheria, CA, 34463-34466 02-12011 Ysleta del Sur Pueblo of the Tigua Tribe, TX, 34467 02-12013 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See National Park Service IRS Internal Revenue Service RULES Income taxes:
Electing small business trusts, 34388-34401 02-11791 International International Trade Commission NOTICES Import investigations: Data storage systems and components, 34472-34473 02-11970 Justice Justice Department See Immigration and Naturalization Service NOTICES Agency information collection activities: Submission for OMB review; comment request, 34473 02-11986 34473-34474 02-11987 34474-34475 02-11988 Reports and guidance documents; availability, etc.: Information disseminated by Federal agencies; quality, objectivity, utility, and integrity guidelines, 34475 02-11972 Labor Labor Department See Employment and Training Administration NOTICES Agency information collection activities:
Submission for OMB review; comment request, 34475-34476 02-11983 Land Land Management Bureau NOTICES Agency information collection activities: Proposed collection; comment request, 34467-34469 02-12014 Meetings: National Petroleum Reserve-Alaska Research and Monitoring Advisory Team, 34469 02-12016 Resource management plans, etc.: West HiLine Resource Area, MT, 34469 02-12017 Withdrawal and reservation of lands: Wyoming, 34469-34470 02-12015 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers:
FREEDOM, 34516-34517 02-12025 WOLF DEN, 34517 02-12024 Minerals Minerals Management Service NOTICES Meetings: Minerals Management Advisory Board, 34470-34471 02-12035 National Archives National Archives and Records Administration RULES Records management: Micrographic records management Republication, 34573-34579 R2-10588 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 34476 02-12072 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings:
Leadership Initiatives Advisory Panel, 34476-34477 02-11941 National Endowment for the Arts, Chairperson; determinations: Advisory committees; information and activities; public disclosure, 34477-34478 02-11940 Arts National Council meetings; potential closures, 34478 02-11939 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Visiting Committee, 34426-34427 02-12039 Malcolm Baldrige National Quality Award— Board of Overseers, 34425-34426 02-12038 Panel of Judges, 34426 02-12040 NIH National Institutes of Health NOTICES Agency information collection activities:
Submission for OMB review; comment request, 34459-34460 02-11964 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: West Coast States and Western Pacific fisheries— Western Pacific pelagic, 34408-34413 02-12030 PROPOSED RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Gulf of Alaska groundfish, 34424 02-12033 NOTICES Grants and cooperative agreements; availability, etc.: Saltonstall-Kennedy Program; fishing industry research and development projects, 34427-34434 02-12029 Meetings:
North Pacific Fishery Management Council, 34434 02-12031 Pacific Fishery Management Council, 34434-34435 02-12032 Ocean and coastal resource management: Marine sanctuaries— Florida Keys National Marine Sanctuary, FL; coral reef restoration activities; area to be avoided, 34435-34436 02-12004 Permits: Endangered and threatened species, 34436 02-12034 National Park National Park Service NOTICES National Register of Historic Places: Pending nominations, 34471-34472 02-12037 Nuclear Nuclear Regulatory Commission NOTICES Meetings;
Sunshine Act, 34480-34481 02-12118 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 34481-34502 02-11871 *Applications, hearings, determinations, etc.:* Omaha Public Power District, 34478-34480 02-11990 Presidential Presidential Documents PROCLAMATIONS *Special observances:* Mother's Day (Proc. 7557), 34581-34584 02-12230 Public Public Health Service See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health SEC Securities and Exchange Commission NOTICES Self-regulatory organizations; proposed rule changes:
American Stock Exchange LLC, 34502-34505 02-12010 Chicago Stock Exchange, Inc., 34505-34506 02-11950 Municipal Securities Rulemaking Board, 34507-34508 02-11951 34508-34510 02-11952 Surface Surface Transportation Board NOTICES Railroad operation, acquisition, construction, etc.: Union Pacific Railroad Co., 34517-34518 02-12028 TVA Tennessee Valley Authority NOTICES Meetings; Sunshine Act, 34511-34512 02-12170 Transportation Transportation Department See Coast Guard See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Customs Service See Internal Revenue Service RULES Freedom of Information Act and Privacy Act; implementation, 34401-34402 02-11885 Privacy Act; implementation Comptroller of the Currency, 34402-34404 02-11886 Veterans Veterans Affairs Department RULES Vocational rehabilitation and education:
Veterans education— Educational Assistance Test Program; increased allowances, 34404-34405 02-11989 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 34521-34545 02-11225 Part III Environmental Protection Agency, 34547-34572 02-11296 Part IV National Archives and Records Administration, 34573-34579 R2-10588 Part V Executive Office of the President, Presidential Documents, 34581-34584 02-12230 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.
To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 67 93 Tuesday, May 14, 2002 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 989 [Docket No. FV02-989-2 FIR] Raisins Produced From Grapes Grown in California; Reduction in Production Cap for 2002 Diversion Program AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Department of Agriculture
(USDA)is adopting, as a final rule, without change, an interim final rule reducing the production cap for the 2002 diversion program
(RDP)for Natural (sun-dried) Seedless
(NS)raisins from 2.75 to 2.0 tons per acre. The cap is specified 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 (RAC). Under a RDP, producers receive certificates from the RAC for curtailing their production to reduce burdensome supplies. The certificates represent diverted tonnage. Producers sell the certificates to handlers who, in turn, redeem the certificates with the RAC for raisins from the prior year's reserve pool. The production cap limits the yield per acre that a producer can claim in a RDP. Reducing the cap for the 2002 RDP brings the figure in line with 2001 crop yields. EFFECTIVE DATE: June 13, 2002. FOR FURTHER INFORMATION CONTACT: Maureen T. Pello, Senior 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: *Jay.Guerber@usda.gov* . 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.” USDA 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, 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 USDA 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. Such handler is afforded the opportunity for a hearing on the petition. After the hearing USDA 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 to review USDA'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 continues to reduce the production cap for the 2002 RDP for NS raisins from 2.75 to 2.0 tons per acre. The cap is specified in the order. Under a RDP, producers receive certificates from the RAC for curtailing their production to reduce burdensome supplies. The certificates represent diverted tonnage. Producers sell the certificates to handlers who, in turn, redeem the certificates with the RAC for raisins from the prior year's reserve pool. The production cap limits the yield per acre that a producer can claim in a RDP. Reducing the cap for the 2002 RDP brings the figure in line with 2001 crop yields. This action was recommended by the RAC at a meeting on November 13, 2001. Volume Regulation Provisions 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 (reserve) for the account of the RAC. Reserve raisins are disposed of through various programs authorized under the order. For example, reserve raisins may be sold by the RAC to handlers for free use or to replace part of the free tonnage they exported; carried over as a hedge against a short crop the following year; or may be disposed of in other outlets not competitive with those for free tonnage raisins, such as government purchase, distilleries, or animal feed. Net proceeds from sales of reserve raisins are ultimately distributed to producers. Raisin Diversion Program The RDP is another program concerning reserve raisins authorized under the order and may be used as a means for controlling overproduction. Authority for the program is provided in § 989.56 of the order, and additional procedures are specified in § 989.156 of the order's administrative rules and regulations. Pursuant to these sections, the RAC must meet by November 30 each crop year to review raisin data, including information on production, supplies, market demand, and inventories. If the RAC determines that the available supply of raisins, including those in the reserve pool, exceeds projected market needs, it can decide to implement a diversion program, and announce the amount of tonnage eligible for diversion during the subsequent crop year. Producers who wish to participate in the RDP must submit an application to the RAC. Such producers curtail their production by vine removal or some other means established by the RAC and receive a certificate from the RAC which represents the quantity of raisins diverted. Producers sell these certificates to handlers who pay producers for the free tonnage applicable to the diversion certificate minus the established harvest cost for the diverted tonnage. Handlers redeem the certificates by presenting them to the RAC and paying an amount equal to the established harvest cost plus payment for receiving, storing, fumigating, handling, and inspecting the tonnage represented on the certificate. The RAC then gives the handler raisins from the prior year's reserve pool in an amount equal to the tonnage represented on the diversion certificate. The new crop year's volume regulation percentages are applied to the diversion tonnage acquired by the handler (as if the handler had bought raisins directly from a producer). Production Cap Section 989.56(a) of the order specifies a production cap of 2.75 tons per acre for any production unit of a producer approved for participation in a RDP. The RAC may recommend, subject to approval by USDA, reducing the 2.75 tons per acre production cap. The production cap limits the yield that a producer can claim. Producers who historically produce yields above the production cap can choose to produce a crop rather than participate in the diversion program. No producer is required to participate in a RDP. Pursuant to § 989.156, producers who wish to participate in a program must submit an application to the RAC by December 20. Producers must specify, among other things, the raisin production and the acreage covered by the application. RAC staff verifies producers' production claims using handler acquisition reports and other available information. However, a producer could misrepresent production by claiming that some raisins produced on one ranch were produced on another, and use an inflated yield on the RDP application. Thus, the production cap limits the amount of raisins for which a producer participating in a RDP may be credited, and protects the program from overstated yields. RAC Recommendation The RAC met on November 13, 2001, and recommended reducing the production cap from 2.75 to 2.0 tons per acre. With 2001 raisin-type variety grape production down by 31 percent, according to the California Agricultural Statistics Service, the RAC recommended reducing the production cap by about 30 percent to reflect 2001 crop yields. Paragraph
(t)in § 989.156 of the order's rules and regulations was revised accordingly. On November 28, 2001, the RAC met and reviewed data relating to the quantity of reserve raisins and anticipated market needs. With a 2001-02 NS crop estimated at 359,341 tons, and a computed trade demand (comparable to market needs) of 235,850 tons, the RAC projects a reserve pool of 123,491 tons of NS raisins. With such a large anticipated reserve, the RAC announced that 45,182 tons of NS raisins would be eligible for diversion under the 2002 RDP. The RAC increased this amount to 54,086 tons at a meeting on January 11, 2002. Of the 54,086 tons, 49,086 tons were made available to approved producers who submitted applications to the RAC by December 20, 2001, with producers who plan to remove vines receiving priority over those who plan to curtail (abort) production through spur pruning or other means. Section 989.156(d) requires the RAC to give priority to applicants who agree to remove vines. Another 5,000 tons will be made available to approved producers who submit applications to the RAC from December 21, 2001, through May 1, 2002, and plan to remove vines. Authority for this additional opportunity for vine removal is provided in § 989.156(s). Final 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 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 firms are defined by the Small Business Administration (13 CFR 121.201) as those having annual receipts of less that $5,000,000, and small agricultural producers are defined as those having annual receipts of less than $750,000. 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. No more than 7 handlers, and a majority of producers, of California raisins may be classified as small entities. This rule continues to revise § 989.156(t) of the order's rules and regulations regarding the RDP. Under a RDP, producers receive certificates from the RAC for curtailing their production to reduce burdensome supplies. The certificates represent diverted tonnage. Producers sell the certificates to handlers who, in turn, redeem the certificates with the RAC for raisins from the prior year's reserve pool. The order specifies a production cap limiting the yield per acre that a producer can claim in a RDP. This rule continues to reduce the cap from 2.75 to 2.0 tons per acre to accurately reflect 2001 crop yields. Authority for this action is provided in § 989.56(a) of the order. Regarding the impact of this action on affected entities, producers who participate in the 2002 RDP will have the opportunity to earn some income for not harvesting a 2002-03 crop. Producers will sell the certificates to handlers next fall and be paid for the free tonnage applicable to the diversion certificate minus the harvest cost for the diverted tonnage. Applicable harvest costs for the 2002 RDP were established by the RAC at $340 per ton. Reducing the production cap will have little impact on raisin handlers. Handlers will pay producers for the free tonnage applicable to the diversion certificate minus the $340 per ton harvest cost. Handlers will redeem the certificates for 2001-02 crop NS reserve raisins and pay the RAC the $340 per ton harvest cost plus payment for bins ($20 per ton) and for receiving, storing, fumigating, handling (currently totaling $46 per ton), and inspecting (currently $9.00 per ton) the tonnage represented on the certificate. Reducing the production cap will have little impact on handler payments for reserve raisins under the 2001 RDP. Alternatives to the recommended action include leaving the production cap at 2.75 tons per acre or reducing it to another figure besides 2.0 tons per acre. However, the majority of RAC members believe that a cap of 2.0 tons per acre more accurately reflects 2001 yields. There was some discussion at the RAC's meeting that the 2.0-ton per acre production cap was too low and would discriminate against producers with high yields. In recent years, cultural practices have evolved to where some producers' yield per acre is reportedly as high as 4 tons. However, as previously stated, the program is voluntary and producers whose vines can produce 4 tons per acre have the option to produce a raisin crop rather than apply for the RDP and be subject to the production cap. This rule imposes no additional reporting or recordkeeping requirements on either small or large raisin handlers. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection requirement referred to in this rule ( *i.e.,* the application) has been approved by the Office of Management and Budget
(OMB)under OMB Control No. 0581-0178. 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, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Further, the RAC's meeting on November 13, 2001, the RAC's Administrative Issues Subcommittee meeting on that same day but prior to the RAC meeting where this action was deliberated, and the RAC's meeting on November 28, 2001, where a diversion program was announced, 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. An interim final rule concerning this action was published in the **Federal Register** on March 15, 2002 (67 FR 11555). Copies of the rule were mailed by RAC staff to all RAC 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 and USDA. That rule provided for a 15-day comment period which ended April 1, 2002. No comments were received. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *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 material presented, including the information and recommendation submitted by the RAC and other available information, it is hereby found that finalizing this interim final 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. PART 989—RAISINS PRODUCED FROM GRAPES GROWN IN CALIFORNIA Accordingly, the interim final rule amending 7 CFR part 989 which was published at 67 FR 11555 on March 15, 2002, is adopted as a final rule without change. Dated: May 8, 2002. A.J. Yates, Administrator, Agricultural Marketing Service. [FR Doc. 02-11949 Filed 5-13-02; 8:45 am]
Connectionstraces to 3
2 references not yet in our index
- 7 CFR 989
- 7 USC 601-674
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