Olives Grown in California; Amendments to the Marketing Order No. 932, 38760-38763 [2020-12884]

Download as PDF 38760 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations (b) You may make adjustments to your approved yield by limiting a reduction to the approved APH yield to a maximum decline of 10 percent of the previous crop year’s approved APH yield when such reduction is due to a decline in production resulting from a natural disaster or other insurable loss, as provided in FCIC procedures. * * * * * ■ 5. Amend § 457.113 as follows: ■ a. In the introductory text, remove the year ‘‘2020’’ and add ‘‘2021’’ in its place; ■ b. In section 1 in the definition of ‘‘Not following another crop (NFAC)’’, remove the words ‘‘a crop’’ and add ‘‘another crop.’’ in their place; ■ c. In section 2, revise paragraphs (a)(1) and (a)(4)(i) and (ii); ■ d. In section 8, revise the introductory text; ■ e. In section 12, in paragraph (d)(4), remove the cross reference ‘‘12(d) (2)’’ and add ‘‘12(d)(2)’’ in its place. The revisions read as follows: § 457.113 Coarse grains crop insurance provisions. * * * * * jbell on DSKJLSW7X2PROD with RULES (a) * * * (1) You may elect one enterprise unit for all FAC cropping practices or one enterprise unit for all NFAC cropping practices, or separate enterprise units for both practices, unless otherwise specified in the Special Provisions. For example: You may choose an enterprise unit for all FAC acreage (soybeans irrigated practice and non-irrigated practice) and an enterprise unit for all NFAC acreage (soybeans irrigated practice and non-irrigated practice). * * * * * (4) * * * (i) On or before the acreage reporting date, you may elect to insure: (A) One enterprise unit for all FAC or NFAC cropping practices provided you meet the requirements in section 34(a)(4), and basic or optional units for the other cropping practice, whichever you report on your acreage report and qualify for; or (B) One enterprise unit for all acreage of the crop in the county provided you meet the requirements in section 34(a)(4); or (C) Basic or optional units for all acreage of the crop in the county, whichever you report on your acreage report and qualify for; or (ii) At any time after the acreage reporting date, your unit structure will be one enterprise unit for all acreage of the crop in the county provided you 17:30 Jun 26, 2020 Jkt 250001 8. Insurance Period In accordance with the provisions of section 11 of the Basic Provisions, unless otherwise specified in the actuarial documents, the calendar date for the end of the insurance period is the date immediately following planting as follows: * * * * * Martin Barbre, Manager, Federal Crop Insurance Corporation. [FR Doc. 2020–13831 Filed 6–26–20; 8:45 am] BILLING CODE 3410–08–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Doc. No. AMS–SC–19–0081; SC–19–932–2 FR] 2. Unit Division VerDate Sep<11>2014 meet the requirements in section 34(a)(4). Otherwise, we will assign the basic unit structure. * * * * * Olives Grown in California; Amendments to the Marketing Order No. 932 Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: This final rule amends Marketing Order No. 932, which regulates the handling of olives grown in California. The amendment, which was proposed by the California Olive Committee (Committee), was approved by producers in a referendum. This action revises the marketing order’s quorum requirement and makes a clarifying change stating that alternate members acting as members to form a quorum would also be eligible to cast votes. SUMMARY: DATES: This rule is effective July 29, 2020. FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing Specialist, 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: Geronimo.Quinones@usda.gov. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 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. 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 (referred to as 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.’’ Section 608c(17) of the Act and the applicable rules of practice and procedure governing the formulation of marketing agreements and orders (7 CFR part 900) authorize amendment of the Order through this informal rulemaking action. The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this final 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. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 8c(15)(A) of the Act (7 U.S.C. 608c(15)(A)), 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 the 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\29JNR1.SGM 29JNR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations no later than 20 days after the date of entry of the ruling. Section 1504 of the Food, Conservation, and Energy Act of 2008 (2008 Farm Bill) (Pub. L. 110–246) amended section 8c(17) of the Act (7 U.S.C. 608c(17)), which in turn required the addition of supplemental rules of practice to 7 CFR part 900 (73 FR 49307; August 21, 2008). The amendment of section 8c(17) of the Act and additional supplemental rules of practice authorize the use of informal rulemaking (5 U.S.C. 553) to amend Federal fruit, vegetable, and nut marketing agreements and orders. USDA may use informal rulemaking to amend marketing orders based on the nature and complexity of the proposed amendments, the potential regulatory and economic impacts on affected entities, and any other relevant matters. The Agricultural Marketing Service (AMS) considered these factors and has determined that amending the Order as proposed could appropriately be accomplished through informal rulemaking. The proposed amendment was unanimously recommended by the Committee following deliberations at a public meeting held on July 29, 2019. A proposed rule soliciting comments on the amendment was issued on November 1, 2019, and published in the Federal Register on November 6, 2019 (84 FR 59736). No comments were received. As a result, no changes to the proposed rule were made. A ‘‘proposed rule and referendum order’’ was then issued on February 21, 2020, and published in the Federal Register on February 27, 2020 (85 FR 11312). This document directed that a referendum among California olive producers be conducted March 9, 2020, through March 20, 2020, to determine whether they favored the proposal. To become effective, the amendment had to be approved by two-thirds of producers voting or by those producers voting in the referendum who represented at least two-thirds of the volume of California olives. The amendment was favored by 86 percent of the producers voting and by 96 percent of the volume represented in the referendum; both calculations exceed the two-thirds requirement. The amendment in this final rule changes the Committee’s quorum requirements. The amendment also makes a clarifying change that alternate members acting as members to form a quorum would also be eligible to cast votes. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 Final Regulatory Flexibility Analysis Pursuant to the requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601–612), AMS has considered the economic impact of this action 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 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 900 producers of olives in the production area and two handlers subject to regulation under the Order. The Small Business Administration (SBA) defines small agricultural producers as those having annual receipts of less than $1,000,000, and small agricultural service firms as those whose annual receipts are less than $30,000,000 (13 CFR 121.201). According to the National Agricultural Statistics Service (NASS) data, as of June 2019 the average price to producers for the 2018 crop year was $766.00 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 $1,000,000 ($766.00 times 17,953 tons equals $13,751,998 divided by 900 producers equals an average annual producer revenue of $15,280.00). 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 $30,000,000. The amendment, which was unanimously recommended by the Committee at a public meeting on July 29, 2019, will change the Committee’s quorum requirement. A clarifying change stating that alternate members acting as members to form a quorum would be eligible to cast votes will also be made. This amendment will have no direct economic effect on producers or handlers. The number of producers and handlers operating in the industry has decreased significantly since the Order was established in 1965, dropping from 2,500 to 900 (64 percent) and from 28 to 2 (93 percent), respectively. Industry consolidation has made it difficult to PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 38761 find enough members to fill positions on the Committee. The Committee considered alternatives to the proposal, including making no changes. AMS believes the proposal is justified and necessary to ensure the Committee’s ability to locally administer the program. Revising the quorum requirement, will help ensure a more efficient and orderly flow of business. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), the 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 are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval. 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, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this 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 citizens to access Government information and services, and for other purposes. The Committee’s meetings were widely publicized throughout the California olive production area. All interested persons were invited to attend the meetings and encouraged to participate in Committee deliberations on all issues. The Committee meetings were public, and all entities, both large and small, were encouraged to express their views on these proposals. A proposed rule concerning this action was published in the Federal Register on November 6, 2019 (84 FR 59736). Copies of the proposed rule were mailed or sent via facsimile to all Committee members and all interested parties. The proposed rule was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending December 6, 2019, was provided to allow interested persons to respond to the proposals. No comments were received; therefore, no changes were made to the proposed amendment. A proposed rule and referendum order was then issued on February 21, 2020, and published in the Federal Register on February 27, 2020 (85 FR E:\FR\FM\29JNR1.SGM 29JNR1 38762 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations 11312). This document directed that a referendum among California olive producers be conducted March 9, 2020, through March 20, 2020, to determine whether they favored the proposal. To become effective, the amendment had to be approved by two-thirds of producers voting or by those producers voting in the referendum who represented at least two-thirds of the volume of California olives. The amendment was favored by 86 percent of the producers voting and by 96 percent of the volume represented; both exceeding the two-thirds requirement. The amended marketing agreement was subsequently mailed to all olive handlers in the production area for their approval. The marketing agreement was not approved by handlers representing more than 50 percent of the volume of olives handled by all handlers during the representative period. Consequently, no companion handler agreement will be established. 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 his previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. Order Amending the Order Regulating the Olives Grown in the California 1 jbell on DSKJLSW7X2PROD with RULES Findings and Determinations (a) Findings and Determinations Upon the Basis of the Rulemaking Record. The findings hereinafter set forth are supplementary to the findings and determinations which were previously made in connection with the issuance of the Order; and all said previous findings and determinations are hereby ratified and affirmed, except insofar as such findings and determinations may be in conflict with the findings and determinations set forth herein. 1. The Order, as amended, and as hereby further amended, and all of the terms and conditions thereof, would tend to effectuate the declared policy of the Act; 2. The Order, as amended, and as hereby further amended, regulates the handling of olives grown in California in the same manner as, and is applicable only to, persons in the respective classes 1 This order shall not become effective unless and until the requirements of § 900.14 of the rules of practice and procedure governing proceedings to formulate marketing agreements and marketing orders have been met. VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 of commercial and industrial activity specified in the Order; 3. The Order, as amended, and as hereby further amended, is limited in application to the smallest regional production area that is practicable, consistent with carrying out the declared policy of the Act, and the issuance of several orders applicable to subdivisions of the production area would not effectively carry out the declared policy of the Act; 4. The Order, as amended, and as hereby further amended, prescribes, insofar as practicable, such different terms applicable to different parts of the production area as are necessary to give due recognition to the differences in the production and marketing of olives produced in the production area; and 5. All handling of olives produced in the production area as defined in the Order is in the current of interstate or foreign commerce or directly burdens, obstructs, or affects such commerce. (b) Determinations. It is hereby determined that: 1. Handlers (excluding cooperative associations of producers who are not engaged in processing, distributing, or shipping of olives covered under the Order) who during the period August 1, 2018, through July 31, 2019, handled not less than 50 percent of the volume of such olives covered by said Order, as hereby amended, have signed an amended marketing agreement; and 2. The issuance of this amendatory order, further amending the aforesaid Order, is favored or approved by at least two-thirds of the producers who participated in a referendum on the question of approval and who, during the period of August 1, 2018, through July 31, 2019, were engaged within the production area in the production of such olives. Such producers also produced for market at least two-thirds of the volume of such commodity represented in the referendum. 3. The issuance of this amendatory order together with a signed marketing agreement advances the interests of growers of olives in the production area pursuant to the declared policy of the Act. Order Relative to Handling It is therefore ordered, that on and after the effective date hereof, all handling of olives grown in California shall be in conformity to, and in compliance with, the terms and conditions of the said Order as hereby proposed to be amended as follows: The provisions amending the Order contained in the proposed rule issued by the Administrator on November 1, 2019, and published in the Federal PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 Register on November 6, 2019, (84 FR 59736) will be and are the terms and provisions of this order amending the Order and are set forth in full herein. List of Subjects in 7 CFR Part 932 Olives, Marketing agreements, Reporting and recordkeeping requirements. Bruce Summers, Administrator, Agricultural Marketing Service. 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. § 932.36 ■ [Amended] 2. Revise § 932.36 to read as follows: § 932.36 Procedure. Decisions of the committee shall be by majority vote of the members, including alternates acting as members, present and voting, and a quorum must be present: Provided, That decisions requiring a recommendation to the Secretary on matters pertaining to grade and size regulations shall require at least 10 affirmative votes, at least 5 of which must be from producer members and at least 5 of which must be from handler members and, if the committee is increased by the addition of a public member, at least 11 affirmative votes shall be required, at least 5 of which must be from producer members and at least 5 of which must be from handler members. A quorum shall consist of at least 10 members, including alternates acting as members, and, if the committee is increased by the addition of a public member, a quorum shall consist of at least 11 members, including alternates acting as members. Except in case of an emergency, a minimum of 5 days advance notice shall be given with respect to any meeting of the committee. In case of an emergency, to be determined within the discretion of the chairman of the committee, as much advance notice of a meeting as is practicable in the circumstances shall be given. The committee may vote by mail or telegram upon due notice to all members, but any proposition to be so voted upon first shall be explained accurately, fully, and identically by mail or telegram to all members. When voted on by such method, at least 14 affirmative votes, of which seven shall be producer member votes and seven shall be handler member votes, shall be required for adoption and, if the committee is increased by the addition of a public member, votes by mail or E:\FR\FM\29JNR1.SGM 29JNR1 Federal Register / Vol. 85, No. 125 / Monday, June 29, 2020 / Rules and Regulations telegram shall require at least 15 affirmative votes, of which at least 7 shall be producer member votes and at least 7 shall be handler member votes. The committee may recommend for the Secretary’s approval changes in the number of affirmative votes required for adoption of any proposition voted upon by means of a mail or telegram ballot: Provided, That the number of affirmative votes required for adoption shall not be less than 10, and in any case an equal number of producer member and handler member votes shall be required for adoption and, if the committee is increased by the addition of a public member, the number of affirmative votes required for adoption shall be increased by 1. [FR Doc. 2020–12884 Filed 6–26–20; 8:45 am] BILLING CODE P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 21, 61, 63, 65, 91, 107, 125, and 141 [Docket No.: FAA–2020–0446; Amdt. No(s). 21–102, 61–145, 63–43, 65–60, 91–357, 107– 3, 125–69, and 141–21] RIN 2120–AL64 Limited Extension of Relief for Certain Persons and Operations During the Coronavirus Disease 2019 (COVID–19) Public Health Emergency Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This final rule amends the regulatory relief originally provided in the Relief for Certain Persons and Operations during the Coronavirus Disease 2019 (COVID–19) final rule. Other than relief for medical certificate duration, the relief in this final rule applies to a new population of airmen and does not extend the relief provided in the original Special Federal Aviation Regulation (SFAR). The amended relief applies to new persons who may have challenges complying with certain training, recent experience, testing, and checking requirements. This relief allows operators to continue to use pilots and other crewmembers in support of essential operations during this extended period. This SFAR also provides regulatory relief to additional persons unable to meet duration and renewal requirements due to the public health emergency. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:30 Jun 26, 2020 Jkt 250001 Effective June 25, 2020, through March 31, 2021. ADDRESSES: For information on where to obtain copies of rulemaking documents and other information related to this final rule, see ‘‘How to Obtain Additional Information’’ in the SUPPLEMENTARY INFORMATION section of this document. FOR FURTHER INFORMATION CONTACT: For technical questions concerning this action for pilots, contact Craig Holmes, General Aviation and Commercial Division; Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–1100; email 9-AVSAFS800-COVID19-Correspondence@ faa.gov. For technical questions concerning this action for mechanics and special flight permits, contact Kevin Morgan, Aircraft Maintenance Division; Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–1675; email Kevin.Morgan@faa.gov. For technical questions concerning this action for aircraft dispatchers and flight engineers, contact Theodora Kessaris and Sheri Pippin, Air Transportation Division, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–8166; email 9-AVSAFS200-COVID-Exemptions@faa.gov. SUPPLEMENTARY INFORMATION: DATES: Good Cause for Immediate Adoption Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 U.S.C.) authorizes agencies to dispense with notice and comment procedures for rules when the agency for ‘‘good cause’’ finds that those procedures are ‘‘impracticable, unnecessary, or contrary to the public interest.’’ In addition, section 553(d) of the APA requires that agencies publish a rule not less than 30 days before its effective date, except a substantive rule that relieves a restriction or ‘‘as otherwise provided by the agency for good cause found and published with the rule.’’ 5 U.S.C. 553(d)(1) and (3). The FAA finds good cause under 5 U.S.C. 553(b)(3)(B) to waive prior notice and the opportunity for public comment. The provisions in this final rule provide temporary relief to persons who have been unable to meet certain requirements during the national emergency concerning COVID–19. Without this final rule, certain individuals will not be able to continue exercising privileges in support of essential operations due to their inability to satisfy certain training, recent experience, testing, and checking PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 38763 requirements. In addition, other individuals may be unable to satisfy certain requirements due to a reduced availability of personnel that are able to conduct routine aviation activities. In other instances, such activities may be contrary to State and local directives that continue certain restrictions as they implement phased recovery plans. The FAA recognizes that there are aviation operations outside of air carrier and commercial operations conducted under part 119 of title 14 of the Code of Federal Regulations (14 CFR) that are critical, including operations that support essential services and flights that support the COVID–19 public health emergency response efforts. These operations are likely to face disruption due to a decreased supply of qualified pilots resulting from the effects of the COVID–19 public health emergency including the reduced number of personnel available to administer required training, checking, and testing. Without the relief in this SFAR, beginning July 1, 2020, and with each month thereafter, a new group of pilots will become unavailable to perform critical operations due to an inability to comply with regulatory requirements. This SFAR will provide temporary relief to certain individuals whose qualifications would otherwise lapse, to ensure there are a sufficient number of qualified personnel available to conduct essential aviation activities during this period. The FAA finds that this temporary action is needed to enable individuals to continue to exercise their airman certificate privileges during the immediate period following the initial COVID–19 public health emergency. This action is also needed to provide immediate notification to individuals facing impending expiration dates for certificates, endorsements, and test results.1 With the cessation of many non-essential aviation training and testing activities, many individuals have been unable to complete certain activities before encountering expiration dates. Absent the relief in this rule, persons may attempt to satisfy certain requirements to avoid economic burdens associated with noncompliance even though compliance could require acting contrary to national social distancing guidelines and restrictions in State and local directives associated with phased recovery efforts. 1 Certain FAA regulations require a person to act within a particular timeframe in order to avoid an expiration. For example, a knowledge test result is generally valid for 24 months. A person must take the practical test before the knowledge test result expires or he or she must retake the knowledge test at additional cost. E:\FR\FM\29JNR1.SGM 29JNR1

Agencies

[Federal Register Volume 85, Number 125 (Monday, June 29, 2020)]
[Rules and Regulations]
[Pages 38760-38763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12884]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 932

[Doc. No. AMS-SC-19-0081; SC-19-932-2 FR]


Olives Grown in California; Amendments to the Marketing Order No. 
932

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This final rule amends Marketing Order No. 932, which 
regulates the handling of olives grown in California. The amendment, 
which was proposed by the California Olive Committee (Committee), was 
approved by producers in a referendum. This action revises the 
marketing order's quorum requirement and makes a clarifying change 
stating that alternate members acting as members to form a quorum would 
also be eligible to cast votes.

DATES: This rule is effective July 29, 2020.

FOR FURTHER INFORMATION CONTACT: Geronimo Quinones, Marketing 
Specialist, 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].
    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 (referred to as 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.'' Section 608c(17) of 
the Act and the applicable rules of practice and procedure governing 
the formulation of marketing agreements and orders (7 CFR part 900) 
authorize amendment of the Order through this informal rulemaking 
action.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 13563 and 13175. This action falls 
within a category of regulatory actions that the Office of Management 
and Budget (OMB) exempted from Executive Order 12866 review. 
Additionally, because this final 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. This rule is not intended to have retroactive effect.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 8c(15)(A) of the 
Act (7 U.S.C. 608c(15)(A)), 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 the 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

[[Page 38761]]

no later than 20 days after the date of entry of the ruling.
    Section 1504 of the Food, Conservation, and Energy Act of 2008 
(2008 Farm Bill) (Pub. L. 110-246) amended section 8c(17) of the Act (7 
U.S.C. 608c(17)), which in turn required the addition of supplemental 
rules of practice to 7 CFR part 900 (73 FR 49307; August 21, 2008). The 
amendment of section 8c(17) of the Act and additional supplemental 
rules of practice authorize the use of informal rulemaking (5 U.S.C. 
553) to amend Federal fruit, vegetable, and nut marketing agreements 
and orders. USDA may use informal rulemaking to amend marketing orders 
based on the nature and complexity of the proposed amendments, the 
potential regulatory and economic impacts on affected entities, and any 
other relevant matters.
    The Agricultural Marketing Service (AMS) considered these factors 
and has determined that amending the Order as proposed could 
appropriately be accomplished through informal rulemaking.
    The proposed amendment was unanimously recommended by the Committee 
following deliberations at a public meeting held on July 29, 2019. A 
proposed rule soliciting comments on the amendment was issued on 
November 1, 2019, and published in the Federal Register on November 6, 
2019 (84 FR 59736). No comments were received. As a result, no changes 
to the proposed rule were made. A ``proposed rule and referendum 
order'' was then issued on February 21, 2020, and published in the 
Federal Register on February 27, 2020 (85 FR 11312). This document 
directed that a referendum among California olive producers be 
conducted March 9, 2020, through March 20, 2020, to determine whether 
they favored the proposal. To become effective, the amendment had to be 
approved by two-thirds of producers voting or by those producers voting 
in the referendum who represented at least two-thirds of the volume of 
California olives.
    The amendment was favored by 86 percent of the producers voting and 
by 96 percent of the volume represented in the referendum; both 
calculations exceed the two-thirds requirement.
    The amendment in this final rule changes the Committee's quorum 
requirements. The amendment also makes a clarifying change that 
alternate members acting as members to form a quorum would also be 
eligible to cast votes.

Final Regulatory Flexibility Analysis

    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 601-612), AMS has considered the 
economic impact of this action 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 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 900 producers of olives in the production 
area and two handlers subject to regulation under the Order. The Small 
Business Administration (SBA) defines small agricultural producers as 
those having annual receipts of less than $1,000,000, and small 
agricultural service firms as those whose annual receipts are less than 
$30,000,000 (13 CFR 121.201).
    According to the National Agricultural Statistics Service (NASS) 
data, as of June 2019 the average price to producers for the 2018 crop 
year was $766.00 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 $1,000,000 ($766.00 times 
17,953 tons equals $13,751,998 divided by 900 producers equals an 
average annual producer revenue of $15,280.00). 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 $30,000,000.
    The amendment, which was unanimously recommended by the Committee 
at a public meeting on July 29, 2019, will change the Committee's 
quorum requirement. A clarifying change stating that alternate members 
acting as members to form a quorum would be eligible to cast votes will 
also be made.
    This amendment will have no direct economic effect on producers or 
handlers. The number of producers and handlers operating in the 
industry has decreased significantly since the Order was established in 
1965, dropping from 2,500 to 900 (64 percent) and from 28 to 2 (93 
percent), respectively. Industry consolidation has made it difficult to 
find enough members to fill positions on the Committee.
    The Committee considered alternatives to the proposal, including 
making no changes. AMS believes the proposal is justified and necessary 
to ensure the Committee's ability to locally administer the program. 
Revising the quorum requirement, will help ensure a more efficient and 
orderly flow of business.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
chapter 35), the 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 are necessary as a 
result of this action. Should any changes become necessary, they would 
be submitted to OMB for approval.
    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, USDA 
has not identified any relevant Federal rules that duplicate, overlap, 
or conflict with this 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 citizens to access Government information 
and services, and for other purposes.
    The Committee's meetings were widely publicized throughout the 
California olive production area. All interested persons were invited 
to attend the meetings and encouraged to participate in Committee 
deliberations on all issues. The Committee meetings were public, and 
all entities, both large and small, were encouraged to express their 
views on these proposals.
    A proposed rule concerning this action was published in the Federal 
Register on November 6, 2019 (84 FR 59736). Copies of the proposed rule 
were mailed or sent via facsimile to all Committee members and all 
interested parties. The proposed rule was made available through the 
internet by USDA and the Office of the Federal Register. A 30-day 
comment period ending December 6, 2019, was provided to allow 
interested persons to respond to the proposals. No comments were 
received; therefore, no changes were made to the proposed amendment.
    A proposed rule and referendum order was then issued on February 
21, 2020, and published in the Federal Register on February 27, 2020 
(85 FR

[[Page 38762]]

11312). This document directed that a referendum among California olive 
producers be conducted March 9, 2020, through March 20, 2020, to 
determine whether they favored the proposal. To become effective, the 
amendment had to be approved by two-thirds of producers voting or by 
those producers voting in the referendum who represented at least two-
thirds of the volume of California olives.
    The amendment was favored by 86 percent of the producers voting and 
by 96 percent of the volume represented; both exceeding the two-thirds 
requirement.
    The amended marketing agreement was subsequently mailed to all 
olive handlers in the production area for their approval. The marketing 
agreement was not approved by handlers representing more than 50 
percent of the volume of olives handled by all handlers during the 
representative period. Consequently, no companion handler agreement 
will be established.
    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 
his previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.

Order Amending the Order Regulating the Olives Grown in the California 
\1\
---------------------------------------------------------------------------

    \1\ This order shall not become effective unless and until the 
requirements of Sec.  900.14 of the rules of practice and procedure 
governing proceedings to formulate marketing agreements and 
marketing orders have been met.
---------------------------------------------------------------------------

Findings and Determinations

    (a) Findings and Determinations Upon the Basis of the Rulemaking 
Record.
    The findings hereinafter set forth are supplementary to the 
findings and determinations which were previously made in connection 
with the issuance of the Order; and all said previous findings and 
determinations are hereby ratified and affirmed, except insofar as such 
findings and determinations may be in conflict with the findings and 
determinations set forth herein.
    1. The Order, as amended, and as hereby further amended, and all of 
the terms and conditions thereof, would tend to effectuate the declared 
policy of the Act;
    2. The Order, as amended, and as hereby further amended, regulates 
the handling of olives grown in California in the same manner as, and 
is applicable only to, persons in the respective classes of commercial 
and industrial activity specified in the Order;
    3. The Order, as amended, and as hereby further amended, is limited 
in application to the smallest regional production area that is 
practicable, consistent with carrying out the declared policy of the 
Act, and the issuance of several orders applicable to subdivisions of 
the production area would not effectively carry out the declared policy 
of the Act;
    4. The Order, as amended, and as hereby further amended, 
prescribes, insofar as practicable, such different terms applicable to 
different parts of the production area as are necessary to give due 
recognition to the differences in the production and marketing of 
olives produced in the production area; and
    5. All handling of olives produced in the production area as 
defined in the Order is in the current of interstate or foreign 
commerce or directly burdens, obstructs, or affects such commerce.
    (b) Determinations.
    It is hereby determined that:
    1. Handlers (excluding cooperative associations of producers who 
are not engaged in processing, distributing, or shipping of olives 
covered under the Order) who during the period August 1, 2018, through 
July 31, 2019, handled not less than 50 percent of the volume of such 
olives covered by said Order, as hereby amended, have signed an amended 
marketing agreement; and
    2. The issuance of this amendatory order, further amending the 
aforesaid Order, is favored or approved by at least two-thirds of the 
producers who participated in a referendum on the question of approval 
and who, during the period of August 1, 2018, through July 31, 2019, 
were engaged within the production area in the production of such 
olives. Such producers also produced for market at least two-thirds of 
the volume of such commodity represented in the referendum.
    3. The issuance of this amendatory order together with a signed 
marketing agreement advances the interests of growers of olives in the 
production area pursuant to the declared policy of the Act.

Order Relative to Handling

    It is therefore ordered, that on and after the effective date 
hereof, all handling of olives grown in California shall be in 
conformity to, and in compliance with, the terms and conditions of the 
said Order as hereby proposed to be amended as follows:
    The provisions amending the Order contained in the proposed rule 
issued by the Administrator on November 1, 2019, and published in the 
Federal Register on November 6, 2019, (84 FR 59736) will be and are the 
terms and provisions of this order amending the Order and are set forth 
in full herein.

List of Subjects in 7 CFR Part 932

    Olives, Marketing agreements, Reporting and recordkeeping 
requirements.

Bruce Summers,
Administrator, Agricultural Marketing Service.

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.


Sec.  932.36  [Amended]

0
2. Revise Sec.  932.36 to read as follows:


Sec.  932.36  Procedure.

    Decisions of the committee shall be by majority vote of the 
members, including alternates acting as members, present and voting, 
and a quorum must be present: Provided, That decisions requiring a 
recommendation to the Secretary on matters pertaining to grade and size 
regulations shall require at least 10 affirmative votes, at least 5 of 
which must be from producer members and at least 5 of which must be 
from handler members and, if the committee is increased by the addition 
of a public member, at least 11 affirmative votes shall be required, at 
least 5 of which must be from producer members and at least 5 of which 
must be from handler members. A quorum shall consist of at least 10 
members, including alternates acting as members, and, if the committee 
is increased by the addition of a public member, a quorum shall consist 
of at least 11 members, including alternates acting as members. Except 
in case of an emergency, a minimum of 5 days advance notice shall be 
given with respect to any meeting of the committee. In case of an 
emergency, to be determined within the discretion of the chairman of 
the committee, as much advance notice of a meeting as is practicable in 
the circumstances shall be given. The committee may vote by mail or 
telegram upon due notice to all members, but any proposition to be so 
voted upon first shall be explained accurately, fully, and identically 
by mail or telegram to all members. When voted on by such method, at 
least 14 affirmative votes, of which seven shall be producer member 
votes and seven shall be handler member votes, shall be required for 
adoption and, if the committee is increased by the addition of a public 
member, votes by mail or

[[Page 38763]]

telegram shall require at least 15 affirmative votes, of which at least 
7 shall be producer member votes and at least 7 shall be handler member 
votes. The committee may recommend for the Secretary's approval changes 
in the number of affirmative votes required for adoption of any 
proposition voted upon by means of a mail or telegram ballot: Provided, 
That the number of affirmative votes required for adoption shall not be 
less than 10, and in any case an equal number of producer member and 
handler member votes shall be required for adoption and, if the 
committee is increased by the addition of a public member, the number 
of affirmative votes required for adoption shall be increased by 1.

[FR Doc. 2020-12884 Filed 6-26-20; 8:45 am]
 BILLING CODE P