[Federal Register: July 7, 2004 (Volume 69, Number 129)]
[Proposed Rules]
[Page 40819]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07jy04-21]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 40819]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 993
[Docket No. FV04-993-1 PR]
Dried Prunes Produced in California; Withdrawal of a Proposed
Rule
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Withdrawal of proposed rule.
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SUMMARY: This action withdraws a proposed rule published in the Federal
Register on March 26, 2004 (69 FR 15736), on the establishment of an
undersized prune regulation for the 2004-05 crop year under the Federal
marketing order for dried prunes (order). The order regulates the
handling of dried prunes produced in California and is administered
locally by the Prune Marketing Committee (Committee). On June 4, 2004,
the California Agriculture Statistics Service (CASS) announced its
forecast for the 2004 prune harvest at 70,000 natural condition tons,
60 percent below the average production for the past five years. Based
on a 70,000 ton crop, there would be insufficient dried prunes to
justify a 2004-05 undersized volume regulation. Therefore, the proposed
rule is being withdrawn.
EFFECTIVE DATE: July 8, 2004.
FOR FURTHER INFORMATION CONTACT: Richard P. Van Diest, Marketing
Specialist, California Marketing Field Office, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 2202
Monterey Street, suite 102B, Fresno, California 93721; telephone: (559)
487-5901, fax: (559) 487-5906; or George Kelhart, Technical Advisor,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC
20250-0237; telephone: (202) 720-2491, fax: (202) 720-8938.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, Marketing Order Administration
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington, DC 20250-0237; telephone: (202)
720-2491, fax: (202) 720-8938, or e-mail: Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: Marketing Agreement and Order No. 993, both
as amended (7 CFR part 993), regulate the handling of dried prunes
produced in California, hereinafter referred to as the ``order.'' The
marketing agreement and order are effective under the Agricultural
Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674),
hereinafter referred to as the ``Act.''
This action withdraws a proposed rule published in the Federal
Register on March 26, 2004 (69 FR 15736), on the establishment of an
undersized prune regulation for the 2004-05 crop year for volume
control purposes. The proposed rule would have required prunes passing
through specified screen openings to be removed from human consumption
outlets. For French prunes, the screen opening would have been
increased from 23/32 to 24/32 of an inch in diameter; and for non-
French prunes, the opening would have been increased from 28/32 to 30/
32 of an inch in diameter. The primary intent behind this proposal was
to remove the smallest, least desirable of the marketable size dried
prunes to help balance the supply of dried prunes with demand. The
proposed undersized regulation would have been in effect from August 1,
2004, through July 31, 2005.
Based on the CASS forecast of 70,000 natural condition tons for the
2004 prune harvest, there will be an insufficient supply of California
dried prunes to meet the 2004-05 market demand (estimated at 150,000
natural condition tons). Implementation of the proposed undersized
regulation would further reduce the supply of prunes entering human
consumption outlets during the 2004-05 crop year and would not promote
orderly marketing conditions or further marketing order marketing
goals. Therefore, the proposed rule is being withdrawn.
The proposed rule regarding the establishment of an undersized
regulation for dried prunes for the 2004-05 crop year, published in the
Federal Register on March 26, 2004 (69 FR 15736), is hereby withdrawn.
List of Subjects in 7 CFR Part 993
Marketing Agreements, Plums, Prunes, Reporting and recordkeeping
requirements.
Authority: 7 U.S.C. 601-674.
Dated: June 30, 2004.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 04-15283 Filed 7-6-04; 8:45 am]
BILLING CODE 3410-02-P