Olives Grown in California; Increased Assessment Rate, 33827-33829 [2019-15061]

Download as PDF 33827 Rules and Regulations Federal Register Vol. 84, No. 136 Tuesday, July 16, 2019 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 51 [Document Number AMS–SC–18–0081, SC– 19–329] Removal of U.S. Grade Standards Agricultural Marketing Service, USDA. ACTION: Affirmation of interim rule as final rule. AGENCY: The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that removed seven voluntary U.S. grade standards and one consumer standard for fresh fruits and vegetables from the Code of Federal Regulations (CFR). The removal will save the Agricultural Marketing Service (AMS) resources as the cost of printing the eight standards annually exceeds the benefits of their further inclusion in the CFR. DATES: Effective July 16, 2019. FOR FURTHER INFORMATION CONTACT: Lindsay H. Mitchell, Standardization Specialist, USDA, Specialty Crops Inspection Division, 100 Riverside Parkway, Suite 101, Fredericksburg, VA 22406; phone (540) 361–1120; fax (540) 361–1199; or email Lindsay.Mitchell@ usda.gov. SUPPLEMENTARY INFORMATION: jspears on DSK30JT082PROD with RULES SUMMARY: Background In an interim rule 1 that was published in the Federal Register and became effective on February 1, 2019 (84 FR 959–961, Document Number AMS–SC–18–0081), AMS removed the following eight standards from 7 CFR part 51: U.S. Standards for Grades of Cantaloups, U.S. Standards for Celery, U.S. Consumer Standards for Celery Stalks, U.S. Standards for Persian (Tahiti) Limes, U.S. Standards for Grades of Peaches, U.S. Standards for Grades of Apricots, U.S. Standards for Grades of Nectarines, and U.S. Standards for Grades of Honey Dew and Honey Ball Type Melons. None of the eight voluntary standards removed from the CFR are related to a current active marketing order, import regulation, or export act. This action will save the cost of printing the eight standards in the CFR annually. No comments were received on the interim rule by the April 2, 2019 due date, so AMS is adopting the interim rule as a final rule, without change, for the reasons given in the interim rule. This action also affirms the information contained in the interim rule concerning Executive Orders 12866 and the Regulatory Flexibility Act, Executive Orders 13563, 13175, and 12988. Further, for this action, the Office of Management and Budget has waived its review under Executive Order 12866. Because review of this rule is waived, this action does not trigger the requirements of Executive Order 13771. List of Subjects in 7 CFR Part 51 Food grades and standards, Fruits, Nuts, Reporting and recordkeeping requirements, Vegetables. PART 51—FRESH FRUITS, VEGETABLES, AND OTHER PRODUCTS (INSPECTION, CERTIFICATION, AND STANDARDS) Accordingly, the interim rule that amended 7 CFR part 51 that was published at 84 FR 959 on February 1, 2019, is adopted as final without change. ■ Dated: July 11, 2019. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2019–15060 Filed 7–15–19; 8:45 am] BILLING CODE 3410–02–P 1 To view the interim rule, go to https:// www.regulations.gov/document?D=AMS-SC-180081-0001. VerDate Sep<11>2014 16:49 Jul 15, 2019 Jkt 247001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Doc. No. AMS–SC–18–0105; SC19–932–1 FR] Olives Grown in California; Increased Assessment Rate Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: This rule implements a recommendation from the California Olive Committee (Committee) to increase the assessment rate for California olives handled under Marketing Order No. 932. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective August 15, 2019. FOR FURTHER INFORMATION CONTACT: Kathie Notoro, Marketing Specialist or Terry Vawter, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 538– 1672, Fax: (559) 487–5906, or Email: Kathie.Notoro@usda.gov or Terry.Vawter@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 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Richard.Lower@usda.gov. SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This rule is issued under Marketing Order No. 932, as amended (7 CFR part 932), regulating the handling of olives grown in California. Part 932 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 Committee locally administers the marketing order and is comprised of producers and handlers of olives operating within the area of production. The Department of Agriculture (USDA) is issuing this final rule in SUMMARY: E:\FR\FM\16JYR1.SGM 16JYR1 jspears on DSK30JT082PROD with RULES 33828 Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Rules and Regulations conformance with Executive Orders 13563 and 13175. This rule falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB’s Memorandum titled ‘‘Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the marketing order now in effect, California olive handlers are subject to assessments. Funds to administer the marketing order are derived from such assessments. It is intended that the assessment rate will be applicable to all assessable olives beginning on January 1, 2019, and continue until amended, suspended, or terminated. 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 a marketing order may file with USDA a petition stating that the marketing order, any provision of the marketing order, or any obligation imposed in connection with the marketing order is not in accordance with law and request a modification of the marketing 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. The marketing order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members are familiar with the Committee’s needs and with the costs of goods and services in their local area and are in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting and all directly affected persons have an opportunity to participate and provide input. This rule increases the assessment rate from $24.00 to $44.00 per ton of assessed olives for the 2019 and VerDate Sep<11>2014 16:49 Jul 15, 2019 Jkt 247001 subsequent fiscal years. The higher rate is a result of a significantly reduced crop size, a late season freeze, and the need to cover Committee expenses. The Committee met on December 11, 2018, and unanimously recommended 2019 expenditures of $1,628,923, and an assessment rate of $44.00 per ton of assessed olives. In comparison, last year’s budgeted expenditures were $1,749,477. The assessment rate of $44.00 is $20.00 higher than the rate currently in effect. Producer receipts show a yield of 17,953 tons of assessable olives from the 2018 crop year. This is substantially less than the 2017 crop year, which yielded 90,188 tons of assessable olives. The 2019 fiscal year assessment rate increase is necessary to ensure the Committee has enough revenue to fund the recommended 2019 budgeted expenditures while ensuring the funds in the financial reserve would be kept within the maximum permitted by the marketing order. The marketing order has a fiscal year and a crop year that are independent of each other. The crop year is a 12-month period that begins on August 1 of each year and ends on July 31 of the following year. The fiscal year is the 12month period that begins on January 1 and ends on December 31. Olives are an alternate-bearing crop, with a small crop followed by a large crop. For this assessment rate rule, the 2018 crop year receipts were used to determine the assessment rate for the 2019 fiscal year. The major expenditures recommended by the Committee for the 2019 fiscal year includes $713,900 for program administration, $513,500 for marketing activities, $343,523 for research, and $58,000 for inspection equipment. Budgeted expenses for these items during the 2018 fiscal year were $401,200 for program administration, $973,500 for marketing activities, $297,777 for research, and $77,000 inspection equipment. The assessment rate recommended by the Committee were based on the anticipated fiscal year expenses, olive tonnage received by handlers during the 2018 crop year, and the amount of funds in the Committee’s financial reserve. Income derived from handler assessments, along with interest income and funds from the Committee’s authorized reserve, will be adequate to cover budgeted expenses. Funds in the reserve will be kept within the maximum permitted by the marketing order of approximately one fiscal year’s expenses. The assessment rate established in this rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 upon recommendation and information submitted by the Committee or other available information. The Committee will continue to meet prior to or during each fiscal year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. Dates and times of Committee meetings are available from the Committee or USDA. The meetings are open to the public and interested persons may express their views at these meetings. Further rulemaking would be undertaken as necessary. Final Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612), the Agricultural Marketing Service (AMS) has considered the economic impact of this rule 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 businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the 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 1,100 producers of olives in the production area and two handlers subject to regulation under the marketing order. The Small Business Administration (SBA) defines small agricultural producers as those having annual receipts of less than $750,000, and small agricultural service firms as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). According to the National Agricultural Statistics Service (NASS), data as of June 2018, the average price to producers for the 2017 crop year was $974.00 per ton, and total assessable volume for the 2018 crop year was 17,953 tons. Based on production, the total number of California olive producers, and price paid to those producers, the average annual producer revenue is less than $750,000 ($974.00 times 17,953 tons equals $17,486,222 divided by 1,100 producers equals an average annual producer revenue of $15,896.57). Therefore, most olive producers may be classified as small entities. Both handlers may be classified as large entities under the SBA’s definitions because their annual receipts are greater than $7,500,000. This rule increases the assessment rate collected from handlers for the 2019 and subsequent fiscal years from $24.00 E:\FR\FM\16JYR1.SGM 16JYR1 jspears on DSK30JT082PROD with RULES Federal Register / Vol. 84, No. 136 / Tuesday, July 16, 2019 / Rules and Regulations to $44.00 per ton of assessable olives. The Committee unanimously recommended 2019 expenditures of $1,628,923 and an assessment rate of $44.00 per ton of assessable olives. The recommended assessment rate of $44.00 is $20.00 higher than the 2018 rate. The quantity of assessable olives for the 2019 Fiscal year is 17,953 tons. The $44.00 rate should provide $789,932 in assessment revenue. The higher assessment rate is needed because annual receipts for the 2018 crop year are 17,953 tons compared to 90,188 tons for the 2017 crop year. Olives are an alternate-bearing crop, with a small crop followed by a large crop. Income derived from the $44.00 per ton assessment rate, along with funds from the authorized reserve and interest income, should be adequate to meet this fiscal year’s expenses. The major expenditures recommended by the Committee for the 2019 fiscal year include $713,900 for program administration, $513,500 for marketing activities, $343,523 for research, and $58,000 for inspection equipment. Budgeted expenses for these items during the 2018 fiscal year were $401,200 for program administration, $973,500 for marketing activities, $297,777 for research, and $77,000 for inspection equipment. The Committee deliberated on many of the expenses, weighed the relative value of various programs or projects, and increased their expenses for marketing and research activities. Prior to arriving at this budget and assessment rate, the Committee considered information from various sources including the Committee’s executive, marketing, inspection, and research subcommittees. Alternate expenditure levels were discussed by these groups, based upon the relative value of various projects to the olive industry. The assessment rate of $44.00 per ton of assessable olives was derived by considering anticipated expenses, the low volume of assessable olives, and a late season freeze. A review of NASS information indicates that the average producer price for the 2017 crop year was $974.00 per ton. Therefore, utilizing the assessment rate of $44.00 per ton, the assessment revenue for the 2019 fiscal year as a percentage of total producer revenue would be approximately 4.52 percent. This action increases the assessment obligation imposed on handlers which are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, these costs would be offset by the benefits derived by the operation of VerDate Sep<11>2014 16:49 Jul 15, 2019 Jkt 247001 the marketing order. In addition, the Committee’s December 11, 2018 meeting was widely publicized throughout the production area and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. chapter 35), the marketing order’s information collection requirements have been previously approved by OMB and assigned OMB No. 0581–0178 Vegetable and Specialty Crops. No changes in those requirements because of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This final rule imposes no additional reporting or recordkeeping requirements on either small or large California olive 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. 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. A proposed rule concerning this action was published in the Federal Register on April 24, 2019 (84 FR 17089). Copies of the proposed rule were provided to all California olive handlers. The proposal was also made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending May 24, 2019, was provided for interested persons to respond to the proposal. No comments were received. Accordingly, no changes will be made to the rule as proposed. 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/ rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower 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 Committee and other available information, it is hereby found that this rule will tend to effectuate the declared policy of the Act. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 33829 List of Subjects in 7 CFR Part 932 Olives, Marketing agreements, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 932 is amended as follows: PART 932—OLIVES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 932 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. 2. Section 932.230 is revised to read as follows: ■ § 932.230 Assessment rate. On and after January 1, 2019, an assessment rate of $44.00 per ton is established for California olives. Dated: July 11, 2019. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2019–15061 Filed 7–15–19; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF HOMELAND SECURITY 8 CFR Part 208 RIN 1615–AC44 DEPARTMENT OF JUSTICE Executive Office for Immigration Review 8 CFR Parts 1003 and 1208 [EOIR Docket No. 19–0504; A.G. Order No. 4488–2019] RIN 1125–AA91 Asylum Eligibility and Procedural Modifications Executive Office for Immigration Review, Department of Justice; U.S. Citizenship and Immigration Services, Department of Homeland Security. ACTION: Interim final rule; request for comment. AGENCY: The Department of Justice and the Department of Homeland Security (‘‘DOJ,’’ ‘‘DHS,’’ or collectively, ‘‘the Departments’’) are adopting an interim final rule (‘‘interim rule’’ or ‘‘rule’’) governing asylum claims in the context of aliens who enter or attempt to enter the United States across the southern land border after failing to apply for protection from persecution or torture while in a third country through which SUMMARY: E:\FR\FM\16JYR1.SGM 16JYR1

Agencies

[Federal Register Volume 84, Number 136 (Tuesday, July 16, 2019)]
[Rules and Regulations]
[Pages 33827-33829]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15061]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 932

[Doc. No. AMS-SC-18-0105; SC19-932-1 FR]


Olives Grown in California; Increased Assessment Rate

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule implements a recommendation from the California 
Olive Committee (Committee) to increase the assessment rate for 
California olives handled under Marketing Order No. 932. The assessment 
rate will remain in effect indefinitely unless modified, suspended, or 
terminated.

DATES: Effective August 15, 2019.

FOR FURTHER INFORMATION CONTACT: Kathie Notoro, Marketing Specialist or 
Terry Vawter, Regional Director, California Marketing Field Office, 
Marketing Order and Agreement Division, Specialty Crops Program, AMS, 
USDA; Telephone: (559) 538-1672, Fax: (559) 487-5906, or Email: 
[email protected] or [email protected].
    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 20250-0237; Telephone: (202) 720-2491, 
Fax: (202) 720-8938, or Email: [email protected].

SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, 
amends regulations issued to carry out a marketing order as defined in 
7 CFR 900.2(j). This rule is issued under Marketing Order No. 932, as 
amended (7 CFR part 932), regulating the handling of olives grown in 
California. Part 932 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 Committee locally administers the 
marketing order and is comprised of producers and handlers of olives 
operating within the area of production.
    The Department of Agriculture (USDA) is issuing this final rule in

[[Page 33828]]

conformance with Executive Orders 13563 and 13175. This rule falls 
within a category of regulatory actions that the Office of Management 
and Budget (OMB) exempted from Executive Order 12866 review. 
Additionally, because this rule does not meet the definition of a 
significant regulatory action, it does not trigger the requirements 
contained in Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs'[thinsp]'' (February 2, 2017).
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. Under the marketing order now in effect, California 
olive handlers are subject to assessments. Funds to administer the 
marketing order are derived from such assessments. It is intended that 
the assessment rate will be applicable to all assessable olives 
beginning on January 1, 2019, and continue until amended, suspended, or 
terminated.
    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 a marketing order may file with USDA a 
petition stating that the marketing order, any provision of the 
marketing order, or any obligation imposed in connection with the 
marketing order is not in accordance with law and request a 
modification of the marketing 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.
    The marketing order provides authority for the Committee, with the 
approval of USDA, to formulate an annual budget of expenses and collect 
assessments from handlers to administer the program. The members are 
familiar with the Committee's needs and with the costs of goods and 
services in their local area and are in a position to formulate an 
appropriate budget and assessment rate. The assessment rate is 
formulated and discussed in a public meeting and all directly affected 
persons have an opportunity to participate and provide input.
    This rule increases the assessment rate from $24.00 to $44.00 per 
ton of assessed olives for the 2019 and subsequent fiscal years. The 
higher rate is a result of a significantly reduced crop size, a late 
season freeze, and the need to cover Committee expenses.
    The Committee met on December 11, 2018, and unanimously recommended 
2019 expenditures of $1,628,923, and an assessment rate of $44.00 per 
ton of assessed olives. In comparison, last year's budgeted 
expenditures were $1,749,477. The assessment rate of $44.00 is $20.00 
higher than the rate currently in effect. Producer receipts show a 
yield of 17,953 tons of assessable olives from the 2018 crop year. This 
is substantially less than the 2017 crop year, which yielded 90,188 
tons of assessable olives. The 2019 fiscal year assessment rate 
increase is necessary to ensure the Committee has enough revenue to 
fund the recommended 2019 budgeted expenditures while ensuring the 
funds in the financial reserve would be kept within the maximum 
permitted by the marketing order.
    The marketing order has a fiscal year and a crop year that are 
independent of each other. The crop year is a 12-month period that 
begins on August 1 of each year and ends on July 31 of the following 
year. The fiscal year is the 12-month period that begins on January 1 
and ends on December 31. Olives are an alternate-bearing crop, with a 
small crop followed by a large crop. For this assessment rate rule, the 
2018 crop year receipts were used to determine the assessment rate for 
the 2019 fiscal year.
    The major expenditures recommended by the Committee for the 2019 
fiscal year includes $713,900 for program administration, $513,500 for 
marketing activities, $343,523 for research, and $58,000 for inspection 
equipment. Budgeted expenses for these items during the 2018 fiscal 
year were $401,200 for program administration, $973,500 for marketing 
activities, $297,777 for research, and $77,000 inspection equipment.
    The assessment rate recommended by the Committee were based on the 
anticipated fiscal year expenses, olive tonnage received by handlers 
during the 2018 crop year, and the amount of funds in the Committee's 
financial reserve. Income derived from handler assessments, along with 
interest income and funds from the Committee's authorized reserve, will 
be adequate to cover budgeted expenses. Funds in the reserve will be 
kept within the maximum permitted by the marketing order of 
approximately one fiscal year's expenses.
    The assessment rate established in this rule will continue in 
effect indefinitely unless modified, suspended, or terminated by USDA 
upon recommendation and information submitted by the Committee or other 
available information. The Committee will continue to meet prior to or 
during each fiscal year to recommend a budget of expenses and consider 
recommendations for modification of the assessment rate. Dates and 
times of Committee meetings are available from the Committee or USDA. 
The meetings are open to the public and interested persons may express 
their views at these meetings. Further rulemaking would be undertaken 
as necessary.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this rule 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 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the 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 1,100 producers of olives in the production 
area and two handlers subject to regulation under the marketing order. 
The Small Business Administration (SBA) defines small agricultural 
producers as those having annual receipts of less than $750,000, and 
small agricultural service firms as those whose annual receipts are 
less than $7,500,000 (13 CFR 121.201).
    According to the National Agricultural Statistics Service (NASS), 
data as of June 2018, the average price to producers for the 2017 crop 
year was $974.00 per ton, and total assessable volume for the 2018 crop 
year was 17,953 tons. Based on production, the total number of 
California olive producers, and price paid to those producers, the 
average annual producer revenue is less than $750,000 ($974.00 times 
17,953 tons equals $17,486,222 divided by 1,100 producers equals an 
average annual producer revenue of $15,896.57). Therefore, most olive 
producers may be classified as small entities. Both handlers may be 
classified as large entities under the SBA's definitions because their 
annual receipts are greater than $7,500,000.
    This rule increases the assessment rate collected from handlers for 
the 2019 and subsequent fiscal years from $24.00

[[Page 33829]]

to $44.00 per ton of assessable olives. The Committee unanimously 
recommended 2019 expenditures of $1,628,923 and an assessment rate of 
$44.00 per ton of assessable olives. The recommended assessment rate of 
$44.00 is $20.00 higher than the 2018 rate. The quantity of assessable 
olives for the 2019 Fiscal year is 17,953 tons. The $44.00 rate should 
provide $789,932 in assessment revenue. The higher assessment rate is 
needed because annual receipts for the 2018 crop year are 17,953 tons 
compared to 90,188 tons for the 2017 crop year. Olives are an 
alternate-bearing crop, with a small crop followed by a large crop. 
Income derived from the $44.00 per ton assessment rate, along with 
funds from the authorized reserve and interest income, should be 
adequate to meet this fiscal year's expenses.
    The major expenditures recommended by the Committee for the 2019 
fiscal year include $713,900 for program administration, $513,500 for 
marketing activities, $343,523 for research, and $58,000 for inspection 
equipment. Budgeted expenses for these items during the 2018 fiscal 
year were $401,200 for program administration, $973,500 for marketing 
activities, $297,777 for research, and $77,000 for inspection 
equipment. The Committee deliberated on many of the expenses, weighed 
the relative value of various programs or projects, and increased their 
expenses for marketing and research activities.
    Prior to arriving at this budget and assessment rate, the Committee 
considered information from various sources including the Committee's 
executive, marketing, inspection, and research subcommittees. Alternate 
expenditure levels were discussed by these groups, based upon the 
relative value of various projects to the olive industry. The 
assessment rate of $44.00 per ton of assessable olives was derived by 
considering anticipated expenses, the low volume of assessable olives, 
and a late season freeze.
    A review of NASS information indicates that the average producer 
price for the 2017 crop year was $974.00 per ton. Therefore, utilizing 
the assessment rate of $44.00 per ton, the assessment revenue for the 
2019 fiscal year as a percentage of total producer revenue would be 
approximately 4.52 percent.
    This action increases the assessment obligation imposed on handlers 
which are minimal and uniform on all handlers. Some of the additional 
costs may be passed on to producers. However, these costs would be 
offset by the benefits derived by the operation of the marketing order. 
In addition, the Committee's December 11, 2018 meeting was widely 
publicized throughout the production area and all interested persons 
were invited to attend the meeting and participate in Committee 
deliberations on all issues.
    In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. 
chapter 35), the marketing order's information collection requirements 
have been previously approved by OMB and assigned OMB No. 0581-0178 
Vegetable and Specialty Crops. No changes in those requirements because 
of this action are necessary. Should any changes become necessary, they 
would be submitted to OMB for approval.
    This final rule imposes no additional reporting or recordkeeping 
requirements on either small or large California olive 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. USDA has not 
identified any relevant Federal rules that duplicate, overlap, or 
conflict with this final rule.
    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.
    A proposed rule concerning this action was published in the Federal 
Register on April 24, 2019 (84 FR 17089). Copies of the proposed rule 
were provided to all California olive handlers. The proposal was also 
made available through the internet by USDA and the Office of the 
Federal Register. A 30-day comment period ending May 24, 2019, was 
provided for interested persons to respond to the proposal. No comments 
were received. Accordingly, no changes will be made to the rule as 
proposed.
    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/rules-regulations/moa/small-businesses. Any questions 
about the compliance guide should be sent to Richard Lower 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 Committee and other 
available information, it is hereby found that this rule will tend to 
effectuate the declared policy of the Act.

List of Subjects in 7 CFR Part 932

    Olives, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 932 is 
amended as follows:

PART 932--OLIVES GROWN IN CALIFORNIA

0
1. The authority citation for 7 CFR part 932 continues to read as 
follows:

    Authority:  7 U.S.C. 601-674.


0
2. Section 932.230 is revised to read as follows:


Sec.  932.230   Assessment rate.

    On and after January 1, 2019, an assessment rate of $44.00 per ton 
is established for California olives.

    Dated: July 11, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-15061 Filed 7-15-19; 8:45 am]
 BILLING CODE 3410-02-P