Olives Grown in California; Decreased Assessment Rate, 21441-21443 [2024-06482]
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21441
Proposed Rules
Federal Register
Vol. 89, No. 61
Thursday, March 28, 2024
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 932
[Doc. No. AMS–SC–23–0087]
Olives Grown in California; Decreased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
implement a recommendation from the
California Olive Committee (Committee)
to decrease the assessment rate
established for the 2024 fiscal year and
subsequent fiscal years. The proposed
assessment rate would remain in effect
indefinitely unless modified,
suspended, or terminated.
DATES: Comments must be received by
April 29, 2024.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this proposed rule.
Comments must be sent to the Docket
Clerk electronically by Email:
MarketingOrderComment@usda.gov or
internet: https://www.regulations.gov.
Comments should reference the
document number and the date and
page number of this issue of the Federal
Register and can be viewed at: https://
www.regulations.gov. All comments
submitted in response to this proposed
rule will be included in the record and
will be made available to the public.
Please be advised that the identity of the
individuals or entities submitting the
comments will be made public on the
internet at the address provided above.
FOR FURTHER INFORMATION CONTACT:
Jeremy Sasselli, Marketing Specialist, or
Barry Broadbent, Acting Chief, West
Region Branch, Market Development
Division, Specialty Crops Program,
AMS, USDA; Telephone: (559) 487–
5901, or Email: Jeremy.Sasselli@
usda.gov or Barry.Broadbent@usda.gov.
Small businesses may request
information on complying with this
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SUMMARY:
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regulation by contacting Richard Lower,
Market Development Division, Specialty
Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Washington, DC 20250–0237;
Telephone: (202) 720–8085, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION: This
action, pursuant to 5 U.S.C. 553,
proposes to amend regulations issued to
carry out a marketing order as defined
in 7 CFR 900.2(j). This proposed rule is
issued under Marketing Agreement No.
148 and Order No. 932, both 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.’’ The
Committee locally administers the
Order and is comprised of producers
and handlers of olives operating within
the area of production, and one public
member.
The Agricultural Marketing Service
(AMS) is issuing this proposed rule in
conformance with Executive Orders
12866, 13563, and 14094. Executive
Orders 12866 and 13563 direct agencies
to assess all costs and benefits of
available regulatory alternatives and, if
regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, distributive impacts
and equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 directs agencies to conduct
proactive outreach to engage interested
and affected parties through a variety of
means, such as through field offices,
and alternative platforms and media.
This action falls within a category of
regulatory actions that the Office of
Management and Budget (OMB)
exempted from Executive Order 12866
review.
This proposed rule has been reviewed
under Executive Order 13175,
Consultation and Coordination with
Indian Tribal Governments, which
requires agencies to consider whether
their rulemaking actions would have
tribal implications. AMS has
determined that this proposed rule is
unlikely to have substantial direct
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
effects on one or more Indian Tribes, on
the relationship between the Federal
Government and Indian Tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian Tribes.
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This proposed rule is
not intended to have retroactive effect.
Under the Order now in effect,
California olive handlers are subject to
assessments. Funds to administer the
Order are derived from such
assessments. It is intended that the
proposed assessment rate would be
applicable to all assessable olives
beginning on January 1, 2024, and
continue until amended, suspended, or
terminated.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with the U.S. Department of Agriculture
(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 law
and requesting a modification of the
order or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing, USDA would rule on the
petition. The Act provides that the
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
Section 932.38 of the Order authorizes
the Committee, with the approval of
USDA, to formulate an annual budget of
expenses and collect assessments from
handlers to administer the program. The
members are familiar with the
Committee’s needs and with the costs of
goods and services in their local area
and are thus in a position to formulate
an appropriate budget and assessment
rate. The assessment rate is formulated
and discussed in a public meeting.
Thus, all directly affected persons have
an opportunity to participate and
provide input.
This proposed rule would decrease
the assessment rate from $35 per ton of
assessed olives, the rate that was
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Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Proposed Rules
established for the 2023 fiscal year and
subsequent fiscal years, to $28 per ton
of assessed olives for the 2024 fiscal
year and subsequent fiscal years. The
proposed lower rate is the result of the
significantly higher crop size in 2023
(fruit that is marketed over the course of
the 2024 fiscal year), and the need to
maintain the Committee’s financial
reserve at a responsible level.
The Committee met on December 12,
2023, and unanimously recommended
2024 expenditures of $1,100,151 and an
assessment rate of $28 per ton of
assessed olives. In comparison, last
year’s budgeted expenditures were
$1,154,412. The proposed assessment
rate of $28 is $7 lower than the rate
currently in effect. Producer receipts
show total production of approximately
34,000 tons of olives from the 2023 crop
year that will be assessable during the
2024 fiscal year. This amount is
substantially higher than the quantity of
olives that was harvested in 2022.
Olives harvested in 2023 will be
marketed over the course of the 2024
fiscal year, which begins on January 1,
2024, as the harvested olives are stored
in brining tanks and processed over the
subsequent year. The 34,000 tons of
assessable olives from the 2023 crop
would generate $952,000 in assessment
revenue over the 2024 fiscal year at the
proposed assessment rate. The balance
of funds needed to cover budgeted
expenditures would come from interest
income and the Committee’s financial
reserve. The 2024 fiscal year assessment
rate decrease is appropriate to ensure
the Committee has sufficient revenue to
fund the recommended 2024 fiscal year
budgeted expenditures while also
ensuring that funds in the reserve do not
exceed approximately one fiscal year’s
expenses, the maximum reserve amount
permitted by § 932.40.
The Order has a fiscal year and a crop
year that are independent of each other.
The crop year is a 12-month period that
begins on August 1 of each year and
ends on July 31 of the following year.
The fiscal year is the 12-month period
that begins on January 1 and ends on
December 31 of each year. Olives are an
alternate-bearing crop, with a small crop
(2022) followed by a large crop (2023).
For this assessment rate proposed rule,
the Committee utilized the estimated
2023 crop year receipts to determine the
recommended assessment rate for the
2024 fiscal year.
The major expenditures
recommended by the Committee for the
2024 fiscal year include $350,250 for
program administration, $164,650 for
export programs, $197,500 for marketing
activities, $302,751 for research, and
$85,000 for inspection. Budgeted
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17:37 Mar 27, 2024
Jkt 262001
expenses for these items during the
2023 fiscal year were $399,700,
$148,000, $193,000, $325,712, and
$88,000, respectively.
The assessment rate recommended by
the Committee resulted from
consideration of anticipated fiscal year
expenses, estimated olive tonnage
received by handlers during the 2023
crop year, and the amount in the
Committee’s financial reserve. Income
derived from handler assessments and
other revenue sources is expected to be
adequate to cover budgeted expenses.
The assessment rate proposed in this
rule would continue in effect
indefinitely unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Committee or other
available information.
Although this assessment rate would
be in effect for an indefinite period, the
Committee would continue to meet
prior to or during each fiscal year to
recommend a budget of expenses and
consider recommendations for
modification of the assessment rate. The
dates and times of Committee meetings
are available from the Committee or
USDA. Committee meetings are open to
the public and interested persons may
express their views at these meetings.
USDA would evaluate Committee
recommendations and other available
information to determine whether
modification of the assessment rate is
needed. Further rulemaking would be
undertaken as necessary. The
Committee’s budget for subsequent
fiscal years would be reviewed and, as
appropriate, approved by USDA.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA) (5
U.S.C. 601–612), AMS has considered
the economic impact of this proposed
rule on small entities. Accordingly,
AMS has prepared this initial regulatory
flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 800
producers of olives in the production
area and 2 handlers subject to regulation
under the Order. Small agricultural
producers are defined by the Small
Business Administration (SBA) as those
having annual receipts equal to or less
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Frm 00002
Fmt 4702
Sfmt 4702
than $3.5 million (NAICS code 111339,
Other Noncitrus Fruit Farming) and
small agricultural service firms are
defined as those whose annual receipts
are equal to or less than $34.0 million
(NAICS code 115114, Postharvest Crop
Activities) (13 CFR 121.201).
Because of the large year-to-year
variation in California olive production,
it is helpful to use a two-year average of
the seasonal average producer price
when undertaking calculations relating
to average producer revenue. The
National Agricultural Statistics Service
(NASS) reported season average
producer prices of olives utilized for
canning for 2021 and 2022 of $851 and
$913 per ton, respectively, with a twoyear average price of $882. NASS had
not reported the 2023 season average
producer price at the time this proposed
rule was published.
The appropriate quantities to consider
are the annual assessable olive
quantities, which were 43,336 tons in
2021 and 19,912 tons in 2022, with the
two-year average production being
31,624 tons. Multiplying 31,624 tons by
the two-year average producer price of
$882 yields a two-year average crop
value of $27,892,368. Dividing the crop
value by the number of olive producers
(800) yields calculated annual average
producer revenue of $34,865, much less
than SBA’s size standard of $3.5
million. Thus, the majority of olive
producers may be classified as small
entities.
Dividing the $27,892,368 average crop
value by 2 (the number of handlers)
equals $13,946,184, which is the annual
average producer crop value processed
by each of the 2 handlers over the twoyear period. Dividing the $34.0 million
annual sales SBA size threshold for a
large handler by the $13,946,184 crop
value per handler yields an estimate of
a 125 percent manufacturing margin for
the 2 handlers, on average, to be
considered large handlers. A key
question is whether 125 percent is a
reasonable estimate of a manufacturing
margin for the olive canning process.
A review of economic literature on
canned food manufacturing margins
found no recent published estimates. A
series of Economic Research Service
reports on cost components of farm to
retail price spreads, published in the
late 1970s and early 1980s, found that
margins above crop value for a canned
vegetable product were in the range of
76 to 85 percent. Although the studies
are not recent, canning technology has
not changed significantly since that time
period. Therefore, with the 125 percent
margin estimate for the 2 olive handlers,
the data indicates that they could be on
the threshold of being large handlers
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Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 / Proposed Rules
($34.0 million in annual sales), using
two-year average data, and assuming
that the 2 handlers are about the same
size. In a large crop year, one or both
handlers could be considered large
handlers, depending on the proportion
of the crop that each of the handlers
processed.
This proposal would decrease the
assessment rate collected from handlers
for the 2024 fiscal year and subsequent
fiscal years from $35 to $28 per ton of
assessable olives. The Committee
unanimously recommended 2024
expenditures of $1,100,151 and an
assessment rate of $28 per ton. The
recommended assessment rate of $28 is
$7 lower than the 2023 assessment rate.
The quantity of assessable olives
harvested in the 2023 crop year is
estimated to be 34,000 tons, compared
to 19,912 tons in 2022. Olives are an
alternate-bearing crop, with a small crop
(2022) followed by a large crop (2023).
Income derived from the $28 per ton
assessment rate, along with interest
income and funds from the authorized
reserve, would be adequate to meet this
fiscal year’s budgeted expenditures.
The major expenditures
recommended by the Committee for the
2024 fiscal year include $350,250 for
program administration, $164,650 for
export programs, $197,500 for marketing
activities, $302,751 for research, and
$85,000 for inspection. Budgeted
expenses for these items during the
2023 fiscal year were $399,700,
$148,000, $193,000, $325,712, and
$88,000, respectively.
The Committee deliberated on many
of the expenses, weighed the relative
value of various programs or projects,
and decreased their expenses for
inspection and research activities while
increasing marketing activities. Overall,
the 2024 budget of $1,100,151 is
$54,261 less than the $1,154,412
budgeted for the 2023 fiscal year.
Prior to arriving at this budget and
assessment rate, the Committee
considered information from various
sources including the Committee’s
Executive, Marketing, Inspection, and
Research Subcommittees. Alternate
expenditure levels were discussed by
these groups, based upon the relative
value of various projects to the olive
industry and the increased olive
production. The assessment rate of $28
per ton of assessable olives was derived
by considering anticipated expenses, the
high volume of assessable olives, the
current balance in the monetary reserve,
and additional pertinent factors.
A review of information from NASS
indicates that the average producer
price for the 2022 crop year (the most
recent year for which information is
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17:37 Mar 27, 2024
Jkt 262001
available) was $913 per ton. Therefore,
utilizing the recommended assessment
rate of $28 per ton, assessment revenue
for the 2024 fiscal year as a percentage
of total producer revenue would be
approximately 3.1 percent ($28 divided
by $913 times 100).
This proposed action would decrease
the assessment obligation imposed on
handlers. Assessments are applied
uniformly on all handlers. Some of the
assessment costs to handlers may be
passed on to producers. Decreasing the
assessment rate would reduce the
burden on handlers and may also,
therefore, reduce the burden on
producers.
The Committee’s meetings are widely
publicized throughout the production
area. The olive industry and all
interested persons are invited to attend
the meetings and participate in
Committee deliberations on all issues.
Like all Committee meetings, the
December 12, 2023, meeting was a
public meeting and all entities, both
large and small, were able to express
views on this issue. In addition,
interested persons are invited to submit
comments on this proposed rule,
including the regulatory and
information collection impacts of this
action on small businesses.
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 as a result of this
action are necessary. Should any
changes become necessary, they would
be submitted to OMB for approval.
This proposed rule would not impose
any additional reporting or
recordkeeping requirements on either
small or large California olive handlers.
As with all Federal marketing order
programs, reports and forms are
periodically reviewed to reduce
information requirements and
duplication by industry and public
sector agencies.
AMS is committed to complying with
the E-Government Act to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
USDA has not identified any relevant
Federal rules that duplicate, overlap, or
conflict with this action.
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/
PO 00000
Frm 00003
Fmt 4702
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21443
moa/small-businesses. Any questions
about the compliance guide should be
sent to Richard Lower at the previously
mentioned address in the FOR FURTHER
INFORMATION CONTACT section.
After consideration of all relevant
material presented, including the
information and recommendations
submitted by the Committee and other
available information, USDA has
determined that this proposed rule is
consistent with, and would effectuate
the purposes of, the Act.
A 30-day comment period is provided
to allow interested persons to respond
to this proposed rule. All written
comments timely received will be
considered before a final determination
is made on this rule.
List of Subjects in 7 CFR Part 932
Marketing agreements, Olives,
Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, the Agricultural Marketing
Service proposes to amend 7 CFR part
932 as follows:
PART 932—OLIVES GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 932 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 932.230 is revised to read
as follows:
■
§ 932.230
Assessment rate.
On and after January 1, 2024, an
assessment rate of $28 per ton is
established for California olives.
Erin Morris,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2024–06482 Filed 3–27–24; 8:45 am]
BILLING CODE P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2024–0767; Project
Identifier MCAI–2023–00723–T]
RIN 2120–AA64
Airworthiness Directives; Bombardier,
Inc., Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
The FAA proposes to adopt a
new airworthiness directive (AD) for
SUMMARY:
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Agencies
[Federal Register Volume 89, Number 61 (Thursday, March 28, 2024)]
[Proposed Rules]
[Pages 21441-21443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06482]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 89, No. 61 / Thursday, March 28, 2024 /
Proposed Rules
[[Page 21441]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 932
[Doc. No. AMS-SC-23-0087]
Olives Grown in California; Decreased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would implement a recommendation from the
California Olive Committee (Committee) to decrease the assessment rate
established for the 2024 fiscal year and subsequent fiscal years. The
proposed assessment rate would remain in effect indefinitely unless
modified, suspended, or terminated.
DATES: Comments must be received by April 29, 2024.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments must be sent to the Docket
Clerk electronically by Email: [email protected] or
internet: https://www.regulations.gov. Comments should reference the
document number and the date and page number of this issue of the
Federal Register and can be viewed at: https://www.regulations.gov. All
comments submitted in response to this proposed rule will be included
in the record and will be made available to the public. Please be
advised that the identity of the individuals or entities submitting the
comments will be made public on the internet at the address provided
above.
FOR FURTHER INFORMATION CONTACT: Jeremy Sasselli, Marketing Specialist,
or Barry Broadbent, Acting Chief, West Region Branch, Market
Development Division, Specialty Crops Program, AMS, USDA; Telephone:
(559) 487-5901, or Email: [email protected] or
[email protected].
Small businesses may request information on complying with this
regulation by contacting Richard Lower, Market Development Division,
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP
0237, Washington, DC 20250-0237; Telephone: (202) 720-8085, or Email:
[email protected].
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553,
proposes to amend regulations issued to carry out a marketing order as
defined in 7 CFR 900.2(j). This proposed rule is issued under Marketing
Agreement No. 148 and Order No. 932, both 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.'' The Committee locally
administers the Order and is comprised of producers and handlers of
olives operating within the area of production, and one public member.
The Agricultural Marketing Service (AMS) is issuing this proposed
rule in conformance with Executive Orders 12866, 13563, and 14094.
Executive Orders 12866 and 13563 direct agencies to assess all costs
and benefits of available regulatory alternatives and, if regulation is
necessary, to select regulatory approaches that maximize net benefits
(including potential economic, environmental, public health and safety
effects, distributive impacts and equity). Executive Order 13563
emphasizes the importance of quantifying both costs and benefits,
reducing costs, harmonizing rules, and promoting flexibility. Executive
Order 14094 directs agencies to conduct proactive outreach to engage
interested and affected parties through a variety of means, such as
through field offices, and alternative platforms and media. This action
falls within a category of regulatory actions that the Office of
Management and Budget (OMB) exempted from Executive Order 12866 review.
This proposed rule has been reviewed under Executive Order 13175,
Consultation and Coordination with Indian Tribal Governments, which
requires agencies to consider whether their rulemaking actions would
have tribal implications. AMS has determined that this proposed rule is
unlikely to have substantial direct effects on one or more Indian
Tribes, on the relationship between the Federal Government and Indian
Tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian Tribes.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed rule is not intended to have
retroactive effect. Under the Order now in effect, California olive
handlers are subject to assessments. Funds to administer the Order are
derived from such assessments. It is intended that the proposed
assessment rate would be applicable to all assessable olives beginning
on January 1, 2024, and continue until amended, suspended, or
terminated.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with the U.S. Department
of Agriculture (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 law and requesting a modification of the order
or to be exempted therefrom. Such handler is afforded the opportunity
for a hearing on the petition. After the hearing, USDA would rule on
the petition. The Act provides that the district court of the United
States in any district in which the handler is an inhabitant, or has
his or her principal place of business, has jurisdiction to review
USDA's ruling on the petition, provided an action is filed not later
than 20 days after the date of the entry of the ruling.
Section 932.38 of the Order authorizes the Committee, with the
approval of USDA, to formulate an annual budget of expenses and collect
assessments from handlers to administer the program. The members are
familiar with the Committee's needs and with the costs of goods and
services in their local area and are thus in a position to formulate an
appropriate budget and assessment rate. The assessment rate is
formulated and discussed in a public meeting. Thus, all directly
affected persons have an opportunity to participate and provide input.
This proposed rule would decrease the assessment rate from $35 per
ton of assessed olives, the rate that was
[[Page 21442]]
established for the 2023 fiscal year and subsequent fiscal years, to
$28 per ton of assessed olives for the 2024 fiscal year and subsequent
fiscal years. The proposed lower rate is the result of the
significantly higher crop size in 2023 (fruit that is marketed over the
course of the 2024 fiscal year), and the need to maintain the
Committee's financial reserve at a responsible level.
The Committee met on December 12, 2023, and unanimously recommended
2024 expenditures of $1,100,151 and an assessment rate of $28 per ton
of assessed olives. In comparison, last year's budgeted expenditures
were $1,154,412. The proposed assessment rate of $28 is $7 lower than
the rate currently in effect. Producer receipts show total production
of approximately 34,000 tons of olives from the 2023 crop year that
will be assessable during the 2024 fiscal year. This amount is
substantially higher than the quantity of olives that was harvested in
2022.
Olives harvested in 2023 will be marketed over the course of the
2024 fiscal year, which begins on January 1, 2024, as the harvested
olives are stored in brining tanks and processed over the subsequent
year. The 34,000 tons of assessable olives from the 2023 crop would
generate $952,000 in assessment revenue over the 2024 fiscal year at
the proposed assessment rate. The balance of funds needed to cover
budgeted expenditures would come from interest income and the
Committee's financial reserve. The 2024 fiscal year assessment rate
decrease is appropriate to ensure the Committee has sufficient revenue
to fund the recommended 2024 fiscal year budgeted expenditures while
also ensuring that funds in the reserve do not exceed approximately one
fiscal year's expenses, the maximum reserve amount permitted by Sec.
932.40.
The Order has a fiscal year and a crop year that are independent of
each other. The crop year is a 12-month period that begins on August 1
of each year and ends on July 31 of the following year. The fiscal year
is the 12-month period that begins on January 1 and ends on December 31
of each year. Olives are an alternate-bearing crop, with a small crop
(2022) followed by a large crop (2023). For this assessment rate
proposed rule, the Committee utilized the estimated 2023 crop year
receipts to determine the recommended assessment rate for the 2024
fiscal year.
The major expenditures recommended by the Committee for the 2024
fiscal year include $350,250 for program administration, $164,650 for
export programs, $197,500 for marketing activities, $302,751 for
research, and $85,000 for inspection. Budgeted expenses for these items
during the 2023 fiscal year were $399,700, $148,000, $193,000,
$325,712, and $88,000, respectively.
The assessment rate recommended by the Committee resulted from
consideration of anticipated fiscal year expenses, estimated olive
tonnage received by handlers during the 2023 crop year, and the amount
in the Committee's financial reserve. Income derived from handler
assessments and other revenue sources is expected to be adequate to
cover budgeted expenses. The assessment rate proposed in this rule
would continue in effect indefinitely unless modified, suspended, or
terminated by USDA upon recommendation and information submitted by the
Committee or other available information.
Although this assessment rate would be in effect for an indefinite
period, the Committee would continue to meet prior to or during each
fiscal year to recommend a budget of expenses and consider
recommendations for modification of the assessment rate. The dates and
times of Committee meetings are available from the Committee or USDA.
Committee meetings are open to the public and interested persons may
express their views at these meetings. USDA would evaluate Committee
recommendations and other available information to determine whether
modification of the assessment rate is needed. Further rulemaking would
be undertaken as necessary. The Committee's budget for subsequent
fiscal years would be reviewed and, as appropriate, approved by USDA.
Initial Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), AMS has considered the economic impact of
this proposed rule on small entities. Accordingly, AMS has prepared
this initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 800 producers of olives in the production
area and 2 handlers subject to regulation under the Order. Small
agricultural producers are defined by the Small Business Administration
(SBA) as those having annual receipts equal to or less than $3.5
million (NAICS code 111339, Other Noncitrus Fruit Farming) and small
agricultural service firms are defined as those whose annual receipts
are equal to or less than $34.0 million (NAICS code 115114, Postharvest
Crop Activities) (13 CFR 121.201).
Because of the large year-to-year variation in California olive
production, it is helpful to use a two-year average of the seasonal
average producer price when undertaking calculations relating to
average producer revenue. The National Agricultural Statistics Service
(NASS) reported season average producer prices of olives utilized for
canning for 2021 and 2022 of $851 and $913 per ton, respectively, with
a two-year average price of $882. NASS had not reported the 2023 season
average producer price at the time this proposed rule was published.
The appropriate quantities to consider are the annual assessable
olive quantities, which were 43,336 tons in 2021 and 19,912 tons in
2022, with the two-year average production being 31,624 tons.
Multiplying 31,624 tons by the two-year average producer price of $882
yields a two-year average crop value of $27,892,368. Dividing the crop
value by the number of olive producers (800) yields calculated annual
average producer revenue of $34,865, much less than SBA's size standard
of $3.5 million. Thus, the majority of olive producers may be
classified as small entities.
Dividing the $27,892,368 average crop value by 2 (the number of
handlers) equals $13,946,184, which is the annual average producer crop
value processed by each of the 2 handlers over the two-year period.
Dividing the $34.0 million annual sales SBA size threshold for a large
handler by the $13,946,184 crop value per handler yields an estimate of
a 125 percent manufacturing margin for the 2 handlers, on average, to
be considered large handlers. A key question is whether 125 percent is
a reasonable estimate of a manufacturing margin for the olive canning
process.
A review of economic literature on canned food manufacturing
margins found no recent published estimates. A series of Economic
Research Service reports on cost components of farm to retail price
spreads, published in the late 1970s and early 1980s, found that
margins above crop value for a canned vegetable product were in the
range of 76 to 85 percent. Although the studies are not recent, canning
technology has not changed significantly since that time period.
Therefore, with the 125 percent margin estimate for the 2 olive
handlers, the data indicates that they could be on the threshold of
being large handlers
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($34.0 million in annual sales), using two-year average data, and
assuming that the 2 handlers are about the same size. In a large crop
year, one or both handlers could be considered large handlers,
depending on the proportion of the crop that each of the handlers
processed.
This proposal would decrease the assessment rate collected from
handlers for the 2024 fiscal year and subsequent fiscal years from $35
to $28 per ton of assessable olives. The Committee unanimously
recommended 2024 expenditures of $1,100,151 and an assessment rate of
$28 per ton. The recommended assessment rate of $28 is $7 lower than
the 2023 assessment rate. The quantity of assessable olives harvested
in the 2023 crop year is estimated to be 34,000 tons, compared to
19,912 tons in 2022. Olives are an alternate-bearing crop, with a small
crop (2022) followed by a large crop (2023). Income derived from the
$28 per ton assessment rate, along with interest income and funds from
the authorized reserve, would be adequate to meet this fiscal year's
budgeted expenditures.
The major expenditures recommended by the Committee for the 2024
fiscal year include $350,250 for program administration, $164,650 for
export programs, $197,500 for marketing activities, $302,751 for
research, and $85,000 for inspection. Budgeted expenses for these items
during the 2023 fiscal year were $399,700, $148,000, $193,000,
$325,712, and $88,000, respectively.
The Committee deliberated on many of the expenses, weighed the
relative value of various programs or projects, and decreased their
expenses for inspection and research activities while increasing
marketing activities. Overall, the 2024 budget of $1,100,151 is $54,261
less than the $1,154,412 budgeted for the 2023 fiscal year.
Prior to arriving at this budget and assessment rate, the Committee
considered information from various sources including the Committee's
Executive, Marketing, Inspection, and Research Subcommittees. Alternate
expenditure levels were discussed by these groups, based upon the
relative value of various projects to the olive industry and the
increased olive production. The assessment rate of $28 per ton of
assessable olives was derived by considering anticipated expenses, the
high volume of assessable olives, the current balance in the monetary
reserve, and additional pertinent factors.
A review of information from NASS indicates that the average
producer price for the 2022 crop year (the most recent year for which
information is available) was $913 per ton. Therefore, utilizing the
recommended assessment rate of $28 per ton, assessment revenue for the
2024 fiscal year as a percentage of total producer revenue would be
approximately 3.1 percent ($28 divided by $913 times 100).
This proposed action would decrease the assessment obligation
imposed on handlers. Assessments are applied uniformly on all handlers.
Some of the assessment costs to handlers may be passed on to producers.
Decreasing the assessment rate would reduce the burden on handlers and
may also, therefore, reduce the burden on producers.
The Committee's meetings are widely publicized throughout the
production area. The olive industry and all interested persons are
invited to attend the meetings and participate in Committee
deliberations on all issues. Like all Committee meetings, the December
12, 2023, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue. In addition,
interested persons are invited to submit comments on this proposed
rule, including the regulatory and information collection impacts of
this action on small businesses.
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 as a result of this
action are necessary. Should any changes become necessary, they would
be submitted to OMB for approval.
This proposed rule would not impose any additional reporting or
recordkeeping requirements on either small or large California olive
handlers. As with all Federal marketing order programs, reports and
forms are periodically reviewed to reduce information requirements and
duplication by industry and public sector agencies.
AMS is committed to complying with the E-Government Act to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
USDA has not identified any relevant Federal rules that duplicate,
overlap, or conflict with this action.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at:
https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any
questions about the compliance guide should be sent to Richard Lower at
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant material presented, including
the information and recommendations submitted by the Committee and
other available information, USDA has determined that this proposed
rule is consistent with, and would effectuate the purposes of, the Act.
A 30-day comment period is provided to allow interested persons to
respond to this proposed rule. All written comments timely received
will be considered before a final determination is made on this rule.
List of Subjects in 7 CFR Part 932
Marketing agreements, Olives, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, the Agricultural
Marketing Service proposes to amend 7 CFR part 932 as follows:
PART 932--OLIVES GROWN IN CALIFORNIA
0
1. The authority citation for 7 CFR part 932 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. Section 932.230 is revised to read as follows:
Sec. 932.230 Assessment rate.
On and after January 1, 2024, an assessment rate of $28 per ton is
established for California olives.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2024-06482 Filed 3-27-24; 8:45 am]
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