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Rules and Regulations
Federal Register Vol. 86, No. 92
Friday, May 14, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 989
AMSSC210027; SC219891

Raisins Produced From Grapes Grown in California; Borrowing Authority Under Marketing Order 989
Agricultural Marketing Service, USDA.
ACTION: Direct final rule.
AGENCY:

This rule amends Marketing Order 989 referred to as the Order, which regulates the handling of raisins produced from grapes grown in California. This action reinserts Order language that authorizes the Raisin Administrative Committee RAC to borrow from commercial lending institutions. The publication on October 26, 2018, of a final rule to amend the marketing order unintentionally removed this borrowing authority. This document is necessary to inform the public of this amendment.
DATES: This direct final rule is effective June 14, 2021, without further action or notice, unless significant adverse comments are received by June 1, 2021.
If significant adverse comments are received, the Agricultural Marketing Service AMS will publish a timely withdrawal of the amendment in the Federal Register.
ADDRESSES: Interested persons are invited to submit written comments concerning this direct final rule.
Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; or internet: https
www.regulations.gov. Comments should reference the document number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular
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business hours, or can be viewed at:
https www.regulations.gov. All comments submitted in response to this rule will be included in the record and will be made available to the public.
Please be advised that the identity of the individuals or entities submitting the comments will be made public on the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Kathie Notoro, Marketing Specialist or Andrea Ricci, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: 559 514
1275, Fax: 559 4875906, or Email:
kathie.notoro@usda.gov or Andrea.Ricci@usda.gov.
Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; Telephone: 202 720
2491, or Email: Richard.Lower@
usda.gov.
SUPPLEMENTARY INFORMATION: The Department of Agriculture USDA is issuing this rule in conformance with Executive Orders 13563 and 13175. In accordance with Executive Order 13175, AMS has not identified any tribal implications as a result of this rule. This rule falls within a category of regulatory actions that the Office of Management and Budget exempted from Executive Order 12866 review.
This rule has been reviewed under Executive Order 12988, Civil Justice Reform.
Borrowing authority was originally added to the Order as a result of an amendatory rulemaking in a 2016 final rule 81 FR 44761, July 11, 2016 with unanimous support of RAC members and overwhelming support from industry members. This support is indicated by the results of the producer referendum 81 FR 11678 conducted March 916, 2016, with 93 percent of voters in support of this provision.
In 2018, a final rule amending the Order was published in the Federal Register 83 FR 53965. The 2018
amendments established and revised several provisions of the Order;
however, AMS inadvertently omitted a provision in 7 CFR 989.80c that authorizes RAC to borrow money from
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financial institutions. AMS identified the missing provision during a routine file review of the Order and through this action will reinstate the omitted provision.
During the referendum on the 2018
amendments conducted by AMS
December 415, 2017 82 FR45517, voters did not notice the borrowing authority provision was missing from 989.80c. AMS reviewed administrative records from 20162018
and reaffirmed that no comments from industry or RAC members addressed the missing provision or expressed the desire to remove borrowing authority from the Order. As well, AMS
confirmed that removal of borrowing authority was not discussed at the hearing for the 2018 rulemaking and did not appear as a question on the referendum ballot. RAC confirmed to AMS that having borrowing authority in the Order is in the best interest of the raisin industry and asked for this error to be rectified as soon as possible.
Accordingly, this action restores the borrowing authority provision, which provides the RAC operational flexibility to continue conducting business affairs in the event of interrupted cash flow due to circumstances affecting the collection of assessments.
This correction does not require action by any person or entity regulated by the Order.
Overview of Changes Currently, as a result of the inadvertent omission, the Order does not authorize RAC to borrow from a commercial lending institution. This final rule reinserts the following language into 989.80c: In the event cash flow needs of the committee are above cash available generated by handler assessments, the committee may borrow from a commercial lending institution. This action restores RAC
borrowing authority to the Order.
Classification This final rule reflects an amendatory change to the Order following an unintentional error. This final rule restores language that was added in a 2016 rulemaking and that was inadvertently omitted in a subsequent rulemaking. AMS believes that this action is not controversial and will not generate adverse comments. However, if AMS does receive significant adverse comments during the comment period,
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