[Federal Register: October 19, 2007 (Volume 72, Number 202)]
[Rules and Regulations]
[Page 59153-59157]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19oc07-1]
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Rules and Regulations
Federal Register
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[[Page 59153]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 989
[Docket No. AMS-FV-07-0027; FV07-989-1 FIR]
Raisins Produced From Grapes Grown in California; Final Free and
Reserve Percentages for 2006-07 Crop Natural (sun-dried) Seedless
Raisins
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 that established final
volume regulation percentages for 2006-07 crop Natural (sun-dried)
Seedless (NS) 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 locally administered by
the Raisin Administrative Committee (Committee). The volume regulation
percentages are 90 percent free and 10 percent reserve. The percentages
are intended to help stabilize raisin supplies and prices, and
strengthen market conditions.
DATES: Effective Date: November 19, 2007. The volume regulation
percentages apply to acquisitions of NS raisins from the 2006-07 crop
until the reserve raisins from that crop are disposed of under the
marketing order.
FOR FURTHER INFORMATION CONTACT: Rose M. Aguayo, Marketing Specialist,
or Kurt J. Kimmel, Regional Manager, California Marketing Field Office,
Marketing Order Administration Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487-5901; Fax: (559) 487-5906; or E-mail:
Rose.Aguayo@usda.gov or Kurt.Kimmel@usda.gov.
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, both as amended (7 CFR part 989),
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. Under the order provisions now in effect, final free
and reserve percentages may be established for raisins acquired by
handlers during the crop year. This rule continues in effect the action
that established final free and reserve percentages for NS raisins for
the 2006-07 crop year, which began August 1, 2006, and ended July 31,
2007. 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 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. A
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 in effect the action that established final
volume regulation percentages for 2006-07 crop NS raisins covered under
the order. The volume regulation percentages are 90 percent free and 10
percent reserve and were established through an interim final rule
published on April 9, 2007 (72 FR 17362). Free tonnage raisins may be
sold by handlers to any market. Reserve raisins must be held in a pool
for the account of the Committee and are disposed of through various
programs authorized under the order. For example, reserve raisins may
be sold by the Committee to handlers for free use or to replace part of
the free tonnage raisins they exported; used in diversion programs;
carried over as a hedge against a short crop; or disposed of in other
outlets not competitive with those for free tonnage raisins, such as
government purchase, distilleries, or animal feed.
The volume regulation percentages are intended to help stabilize
raisin supplies and prices, and strengthen market conditions. The
Committee unanimously recommended final percentages for NS raisins on
November 21, 2006.
Computation of Trade Demands
Section 989.54 of the order prescribes procedures and time frames
to be followed in establishing volume regulation. This includes
methodology used to calculate percentages. Pursuant to Sec. 989.54(a)
of the order, the Committee met on August 15, 2006, to review shipment
and inventory data, and other matters relating to the supplies of
raisins of all varietal types. The Committee computed a trade demand
for each varietal type for which a free tonnage percentage might be
recommended. Trade demand is computed using a formula specified in the
order and, for each varietal type, is equal to 90 percent of the prior
year's shipments of free tonnage and reserve tonnage raisins sold for
free use into all market outlets, adjusted by subtracting the carryin
on August 1 of the current crop year, and adding the desirable carryout
at the end of that crop year. As specified in Sec. 989.154(a), the
desirable carryout for NS raisins shall equal the total shipments of
free tonnage during August and September for each of the past 5 crop
years, converted to a natural condition basis, dropping the high and
[[Page 59154]]
low figures, and dividing the remaining sum by three, or 60,000 natural
condition tons, whichever is higher. For all other varietal types, the
desirable carryout shall equal the total shipments of free tonnage
during August, September and one-half of October for each of the past 5
crop years, converted to a natural condition basis, dropping the high
and low figures, and dividing the remaining sum by three. In accordance
with these provisions, the Committee computed and announced the 2006-07
trade demand for NS raisins at 219,870 tons as shown below.
Computed Trade Demand
[Natural condition tons]
------------------------------------------------------------------------
NS Raisins
------------------------------------------------------------------------
Prior year's shipments.................................. 301,460
Multiplied by 90 percent................................ 0.90
Equals adjusted base.................................... 271,314
Minus carryin inventory................................. 111,444
Plus desirable carryout................................. 60,000
Equals computed NS trade demand......................... 219,870
------------------------------------------------------------------------
Computation of Preliminary Volume Regulation Percentages
Section 989.54(b) of the order requires that the Committee
announce, on or before October 5, preliminary crop estimates and
determine whether volume regulation is warranted for the varietal types
for which it computed a trade demand. That section allows the Committee
to extend the October 5 date up to 5 business days if warranted by a
late crop.
The Committee met on September 6, 2006, and announced preliminary
percentages for Zante Currant raisins. It met again on October 4, 2006,
and announced preliminary percentages and a preliminary crop estimate
for NS raisins of 259,557 tons, which is about 21 percent lower than
the 10-year average of 327,410 tons. NS raisins are the major varietal
type of California raisin. Adding the carryin inventory of 111,444 tons
to the 259,557-ton crop estimate, plus an additional 31,975 tons of
reserve raisins released to handlers for free use in August 2006,
resulted in a total available supply of 402,976 tons, which was
significantly higher (183 percent) than the 219,870-ton trade demand.
Thus, the Committee determined that volume regulation for NS raisins
was warranted. The Committee announced preliminary free and reserve
percentages for NS raisins, which released 85 percent of the computed
trade demand since a minimum field price (price paid by handlers to
producers for their free tonnage raisins) had been established. The
preliminary percentages were 72 percent free and 28 percent reserve.
In addition, preliminary percentages were announced for Dipped
Seedless, Golden Seedless, and Other Seedless raisins. It was
ultimately determined at Committee meetings held on November 21, 2006,
and January 23, 2007, that volume regulation was only warranted for NS
raisins. As in past seasons, the Committee submitted its marketing
policy to USDA for review.
Computation of Final Volume Regulation Percentages
Pursuant to Sec. 989.54(c), at its November 21, 2006, meeting, the
Committee announced interim percentages for NS raisins to release
slightly less than the full trade demand. Based on a revised NS crop
estimate of 244,300 tons (down from the October estimate of 259,557
tons), interim percentages for NS raisins were announced at 89.75
percent free and 10.25 percent reserve.
Pursuant to Sec. 989.54(d), the Committee also recommended final
percentages at its November 21, 2006, meeting to release the full trade
demand for NS raisins. Final percentages were recommended at 90 percent
free and 10 percent reserve. The Committee's calculations and
determinations to arrive at final percentages for NS raisins are shown
in the table below:
Final Volume Regulation Percentages
[Natural condition tons]
------------------------------------------------------------------------
NS Raisins
------------------------------------------------------------------------
Trade demand............................................ 219,870
Divided by crop estimate................................ 244,300
Equals the free percentage.............................. 90.00
100 minus free percentage equals the reserve percentage. 10.00
------------------------------------------------------------------------
By the end of the crop year, final deliveries of NS raisins totaled
282,999 tons. Thus, handlers were provided with an additional 63,129
tons over the computed trade demand, but the additional tonnage did not
appear to impact marketing conditions.
In addition, USDA's ``Guidelines for Fruit, Vegetable, and
Specialty Crop Marketing Orders'' (Guidelines) specify that 110 percent
of recent years' sales should be made available to primary markets each
season for marketing orders utilizing reserve pool authority. This goal
was met for NS raisins by the establishment of final percentages, which
released 100 percent of the trade demand and the offer of additional
reserve raisins for sale to handlers under the ``10 plus 10 offers.''
As specified in Sec. 989.54(g), the 10 plus 10 offers are two offers
of reserve pool raisins which are made available to handlers during
each season. For each such offer, a quantity of reserve raisins equal
to 10 percent of the prior year's shipments is made available for free
use. Handlers may sell their 10 plus 10 raisins to any market.
Based on 2005-06 NS shipments of 301,460 natural condition tons,
30,146 tons should have been made available in each of the 10 plus 10
offers, or a total of 60,292 tons. However, this amount was not
available in the reserve. Thus, all available reserve pool raisins were
offered to handlers for free use through the 10 plus 10 offers.
The first 10 plus 10 offer was made in February 2007. A total of
30,146 tons was made available to raisin handlers; all the raisins were
purchased and released to handlers during the 2006-07 crop year. The
second offer was made in July 2007. A total of 20,923 tons (the balance
of the reserve pool) was made available to handlers; 14,793 tons were
purchased and released to handlers in 2007-08. Adding the 30,146 tons
of 10 plus 10 reserve raisins to the 219,870 ton trade demand figure,
plus the 111,444 tons of 2005-06 carryin NS inventory, plus the 31,975
tons of 10 plus 10 raisins released to handlers in August 2006, equates
to 393,435 tons of natural condition raisins, or 370,686 tons of packed
raisins, that were available to handlers for free use or primary
markets. This is about 130 percent of the quantity of NS raisins
shipped during the 2005-06 crop year (301,460 natural condition tons or
284,030 packed tons).
In addition to the 10 plus 10 offers, Sec. 989.67(j) of the order
provides authority for sales of reserve raisins to handlers under
certain conditions such as a national emergency, crop failure, change
in economic or marketing conditions, or if free tonnage shipments in
the current crop year exceed shipments during a comparable period of
the prior crop year. Such reserve raisins may be sold by handlers to
any market. When implemented, the additional offers of reserve raisins
make even more raisins available to primary markets, which is
consistent with USDA's Guidelines.
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.
[[Page 59155]]
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.
There are approximately 23 handlers of California raisins who are
subject to regulation under the order and approximately 4,000 raisin
producers in the regulated area. Small agricultural service firms are
defined by the Small Business Administration (SBA) (13 CFR 121.201) as
those having annual receipts of less than $6,500,000, and small
agricultural producers are defined as those having annual receipts of
less than $750,000. No more than 10 handlers, and a majority of
producers, of California raisins may be classified as small entities.
Thirteen of the 23 handlers subject to regulation have annual sales
estimated to be at least $6,500,000, and the remaining 10 handlers have
sales less than $6,500,000.
Since 1949, the California raisin industry has operated under a
Federal marketing order. The order contains authority to, among other
things, limit the portion of a given year's crop that can be marketed
freely in any outlet by raisin handlers. This volume control mechanism
is used to stabilize supplies and prices and strengthen market
conditions. If the primary market (the normal domestic market) is over-
supplied with raisins, grower prices decline substantially.
Pursuant to Sec. 989.54(d) of the order, this rule continues in
effect the action that established final volume regulation percentages
for 2006-07 crop NS raisins. The volume regulation percentages are 90
percent free and 10 percent reserve. Free tonnage raisins may be sold
by handlers to any market. Reserve raisins must be held in a pool for
the account of the Committee and are disposed of through certain
programs authorized under the order.
Volume regulation was warranted this season because acquisitions of
282,999 tons through July 31, 2007, combined with the carryin inventory
of 111,444 tons, plus 31,975 tons of 10 plus 10 reserve raisins that
were released to handlers in August 2006, resulted in a total available
supply of 426,418 tons, which is about 194 percent higher than the
219,870 ton trade demand.
The volume regulation procedures have helped the industry address
its marketing problems by keeping supplies in balance with domestic and
export market needs, and strengthening market conditions. The volume
regulation procedures fully supply the domestic and export markets,
provide for market expansion, and help reduce the burden of
oversupplies in the domestic market.
Raisin grapes are a perennial crop, so production in any year is
dependent upon plantings made in earlier years. The sun-drying method
of producing raisins involves considerable risk because of variable
weather patterns.
Even though the product and the industry are viewed as mature, the
industry has experienced considerable change over the last several
decades. Before the 1975-76 crop year, more than 50 percent of the
raisins were packed and sold directly to consumers. Now, about 64
percent of raisins are sold in bulk. This means that raisins are now
sold to consumers mostly as an ingredient in another product such as
cereal and baked goods. In addition, for a few years in the early
1970s, over 50 percent of the raisin grapes were sold to the wine
market for crushing. Since then, the percent of raisin-variety grapes
sold to the wine industry has decreased.
California's grapes are classified into three groups--table grapes,
wine grapes, and raisin-variety grapes. Raisin-variety grapes are the
most versatile of the three types. They can be marketed as fresh
grapes, crushed for juice in the production of wine or juice
concentrate, or dried into raisins. Annual fluctuations in the fresh
grape, wine, and concentrate markets, as well as weather-related
factors, cause fluctuations in raisin supply. This type of situation
introduces a certain amount of variability into the raisin market.
Although the size of the crop for raisin-variety grapes may be known,
the amount dried for raisins depends on the demand for crushing. This
makes the marketing of raisins a more difficult task. These supply
fluctuations can result in producer price instability and disorderly
market conditions.
Volume regulation is helpful to the raisin industry because it
lessens the impact of such fluctuations and contributes to orderly
marketing. For example, producer prices for NS raisins remained fairly
steady between the 1993-94 through the 1997-98 seasons, although
production varied. As shown in the table below, during those years,
production varied from a low of 272,063 tons in 1996-97 to a high of
387,007 tons in 1993-94.
According to Committee data, the total producer return per ton
during those years, which includes proceeds from both free tonnage plus
reserve pool raisins, has varied from a low of $904.60 in 1993-94 to a
high of $1,049.20 in 1996-97. Total producer prices for the 1998-99 and
1999-2000 seasons increased significantly due to back-to-back short
crops during those years. Record large crops followed and producer
prices dropped dramatically for the 2000-01 through 2003-04 crop years,
as inventories grew while demand stagnated. However, producer prices
were higher for the 2004-05 and the 2005-06 crop years, as noted below:
Natural Seedless Producer Prices
------------------------------------------------------------------------
Deliveries
(natural Producer
Crop year condition prices
tons) (per ton)
------------------------------------------------------------------------
2005-06....................................... 319,126 \1\ $998.25
2004-05....................................... 265,262 \2\ 1210.00
2003-04....................................... 296,864 567.00
2002-03....................................... 388,010 491.20
2001-02....................................... 377,328 650.94
2000-01....................................... 432,616 603.36
1999-2000..................................... 299,910 1,211.25
1998-99....................................... 240,469 \2\
1,290.00
1997-98....................................... 382,448 946.52
1996-97....................................... 272,063 1,049.20
1995-96....................................... 325,911 1,007.19
1994-95....................................... 378,427 928.27
1993-94....................................... 387,007 904.60
------------------------------------------------------------------------
\1\ Return-to-date, reserve pool still open.
\2\ No volume regulation.
There are essentially two broad markets for raisins--domestic and
export. Domestic shipments have been generally increasing in recent
years. Although domestic shipments decreased from a high of 204,805
packed tons during the 1990-91 crop year to a low of 156,325 packed
tons in 1999-2000, they increased from 174,117 packed tons during the
2000-01 crop year to 186,358 tons during the 2005-06 crop year. Export
shipments ranged from a high of 107,931 packed tons in 1991-92 to a low
of 91,599 packed tons in the 1999-2000 crop year. Since that time,
export shipments increased to 106,755 tons of raisins during the 2004-
05 crop year, but fell to 97,672 tons in 2005-06.
The per capita consumption of raisins has declined from 2.07 pounds
in 1988 to 1.44 pounds in 2005. This decrease is consistent with the
decrease in the per capita consumption of dried fruits in general,
which is due to the increasing availability of most types of fresh
fruit throughout the year.
While the overall demand for raisins has increased in two out of
the last three years (as reflected in increased commercial shipments),
production has been decreasing. Deliveries of NS dried raisins from
producers to handlers reached an all-time high of 432,616 tons in the
2000-01 crop year. This large
[[Page 59156]]
crop was preceded by two short crop years; deliveries were 240,469 tons
in 1998-99 and 299,910 tons in 1999-2000. Deliveries for the 2000-01
crop year soared to a record level because of increased bearing acreage
and yields. Deliveries for the 2001-02 crop year were at 377,328 tons,
388,010 tons for the 2002-03 crop year, 296,864 for the 2003-04 crop
year, and 265,262 tons for the 2004-05 crop year. After three crop
years of high production and a large 2001-02 carryin inventory, the
industry diverted raisin production to other uses or removed bearing
vines. Diversions/removals totaled 41,000 acres in 2001; 27,000 acres
in 2002; and 15,000 acres of vines in 2003. These actions resulted in
declining deliveries of 296,864 tons for the 2003-04 crop year and
265,262 tons for the 2004-05 crop year. Although deliveries increased
in 2005-06 to 319,126 tons, this may have been because fewer growers
opted to contract with wineries, as raisin variety grapes crushed in
2005-06 decreased by 161,000 green tons, the equivalent of over 40,000
tons of raisins.
The order permits the industry to exercise supply control
provisions, which allow for the establishment of free and reserve
percentages, and establishment of a reserve pool. One of the primary
purposes of establishing free and reserve percentages is to equilibrate
supply and demand. If raisin markets are over-supplied with product,
producer prices will decline.
Raisins are generally marketed at relatively lower price levels in
the more elastic export market than in the more inelastic domestic
market. This results in a larger volume of raisins being marketed and
enhances producer returns. In addition, this system allows the U.S.
raisin industry to be more competitive in export markets.
The reserve percentage limits what handlers can market as free
tonnage. Data available as of July 31, 2007, showed that deliveries of
NS raisins were at 282,999 tons. The 10 percent reserve limited the
total free tonnage to 254,699 natural condition tons (.90 x the 282,999
ton crop). Adding the 254,699 ton figure with the carryin of 111,444
tons, plus the 62,121 tons of 10 plus 10 reserve raisins that were
released to handlers during the 2006-07 crop year (31,975 tons in
August 2006 and 30,146 tons in March 2007) made the total free supply
equal to 428,264 natural condition tons.
To assess the impact that volume regulation has on the prices
producers receive for their product, a price dependent econometric
model was estimated. This model is used to estimate producer prices
both with and without the use of volume regulation. The volume
regulation used by the raisin industry would result in decreased
shipments to primary markets. Without volume regulation the primary
market (domestic) could be over-supplied resulting in lower producer
prices and the build-up of unwanted inventories.
With volume regulation, producer prices are estimated to be
approximately $65 per ton higher than without volume regulation. This
price increase is beneficial to all producers regardless of size and
enhances producers' total revenues in comparison to no volume
regulation. Establishing a reserve allows the industry to help
stabilize supplies in both domestic and export markets, while improving
returns to producers.
Free and reserve percentages are established by varietal type, and
usually in years when the supply exceeds the trade demand by a large
enough margin that the Committee believes volume regulation is
necessary to maintain market stability. Accordingly, in assessing
whether to apply volume regulation or, as an alternative, not to apply
such regulation, it was determined that volume regulation was warranted
during the 2006-07 season for only one of the nine raisin varietal
types defined under the order.
The free and reserve percentages continue in effect the release of
the full trade demand and apply uniformly to all handlers in the
industry, regardless of size. For NS raisins, with the exception of the
1998-99 and 2004-05 crop years, small and large raisin producers and
handlers have been operating under volume regulation percentages every
year since 1983-84. There are no known additional costs incurred by
small handlers that are not incurred by large handlers. While the level
of benefits of this rulemaking is difficult to quantify, the
stabilizing effects of the volume regulations impact small and large
handlers positively by helping them maintain and expand markets even
though raisin supplies fluctuate widely from season to season.
Likewise, price stability positively impacts small and large producers
by allowing them to better anticipate the revenues their raisins will
generate.
AMS is committed to complying with the E-Government Act, to promote
the use of the Internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
There are some reporting, recordkeeping and other compliance
requirements under the order. The reporting and recordkeeping burdens
are necessary for compliance purposes and for developing statistical
data for maintenance of the program. The requirements are the same as
those applied in past seasons. Thus, this action imposes no additional
reporting or recordkeeping requirements on either small or large raisin
handlers. The forms require information which is readily available from
handler records and which can be provided without data processing
equipment or trained statistical staff. The information collection and
recordkeeping requirements have been previously 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. In addition, as
noted in the initial regulatory analysis, USDA has not identified any
relevant Federal rules that duplicate, overlap, or conflict with this
rule.
Further, the Committee's meetings were widely publicized throughout
the raisin industry and all interested persons were invited to attend
the meetings and participate in the Committee's deliberations. Like all
Committee meetings, the August 15, September 6, October 4, November 21,
2006, and the January 23, 2007, meetings were public meetings and all
entities, both large and small, were able to express their views on
this issue.
Also, the Committee has a number of appointed subcommittees to
review certain issues and make recommendations to the Committee. The
Committee's Reserve Sales and Marketing Subcommittee met on August 15,
September 6, October 4, November 21, 2006, and January 23, 2007, and
discussed these issues in detail. Those meetings were also public
meetings and both large and small entities were able to participate and
express their views.
An interim final rule concerning this action was published in the
Federal Register on April 9, 2007. Copies of the rule were mailed by
the Committee's staff to all Committee members and alternates and
raisin handlers. In addition, the rule was made available through the
Internet by USDA and the Office of the Federal Register. That rule
provided for a 60-day comment period which ended June 8, 2007. One
comment was received during the comment period; it was not relevant to
the rulemaking action. Accordingly, no changes were made to the rule,
based on comment received.
A small business guide on complying with fruit, vegetable, and
specialty crop
[[Page 59157]]
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 Committee's recommendation, and other information, it is found that
finalizing the interim final rule, without change, as published in the
Federal Register (72 FR 17362, April 9, 2007) 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
0
Accordingly, the interim final rule amending 7 CFR part 989 which was
published at 72 FR 17362 on April 9, 2007, is adopted as a final rule
without change.
Dated: October 15, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-20621 Filed 10-18-07; 8:45 am]
BILLING CODE 3410-02-P