Olives Grown in California; Increased Assessment Rate, 33827-33829 [2019-15061]
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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.
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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:
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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
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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
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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
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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
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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: https://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.
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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
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]]>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: https://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
