Olives Grown in California; Amendments to the Marketing Order No. 932, 38760-38763 [2020-12884]
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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.
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■ 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.
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(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).
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(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
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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:
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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
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meet the requirements in section
34(a)(4). Otherwise, we will assign the
basic unit structure.
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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,
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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:
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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.
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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
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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
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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
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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.
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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
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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
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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.
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SUMMARY:
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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
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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.
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]]>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.
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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\
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\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.
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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
