98-28557. Raisins Produced From Grapes Grown In California; Relaxations to Substandard and Maturity Dockage Systems  

  • [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: clerk@usda.gov. 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____Guerber@usda.gov. 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
    
    
    

Document Information

Effective Date:
10/24/1998
Published:
10/23/1998
Department:
Agricultural Marketing Service
Entry Type:
Rule
Action:
Interim final rule with request for comments.
Document Number:
98-28557
Dates:
Effective on October 24, 1998. Comments which are received by December 22, 1998, will be considered prior to issuance of any final rule.
Pages:
56781-56785 (5 pages)
Docket Numbers:
FV99-989-1 IFR
PDF File:
98-28557.pdf
CFR: (2)
7 CFR 989.212
7 CFR 989.213