80_FR_16650 80 FR 16590 - Olives Grown in California; Increased Assessment Rate

80 FR 16590 - Olives Grown in California; Increased Assessment Rate

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 80, Issue 60 (March 30, 2015)

Page Range16590-16592
FR Document2015-07116

This proposed rule would implement a recommendation from the California Olive Committee (committee) to increase the assessment rate established for the 2015 and subsequent fiscal years from $15.21 to $26.00 per assessable ton of olives handled. The committee locally administers the marketing order and is comprised of producers and handlers of olives grown in California. Assessments upon olive handlers are used by the committee to fund reasonable and necessary expenses of the program. The fiscal year begins January 1 and ends December 31. The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated.

Federal Register, Volume 80 Issue 60 (Monday, March 30, 2015)
[Federal Register Volume 80, Number 60 (Monday, March 30, 2015)]
[Proposed Rules]
[Pages 16590-16592]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-07116]


========================================================================
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. 80, No. 60 / Monday, March 30, 2015 / 
Proposed Rules

[[Page 16590]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 932

[Doc. No. AMS-FV-14-0105; FV15-932-1 PR]


Olives Grown in California; Increased 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 increase the assessment rate 
established for the 2015 and subsequent fiscal years from $15.21 to 
$26.00 per assessable ton of olives handled. The committee locally 
administers the marketing order and is comprised of producers and 
handlers of olives grown in California. Assessments upon olive handlers 
are used by the committee to fund reasonable and necessary expenses of 
the program. The fiscal year begins January 1 and ends December 31. The 
assessment rate would remain in effect indefinitely unless modified, 
suspended, or terminated.

DATES: Comments must be received by April 29, 2015.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments must be sent to the Docket 
Clerk, Marketing Order and Agreement Division, Fruit and Vegetable 
Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, 
Washington, DC 20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. Comments should reference the document number and 
the date and page number of this issue of the Federal Register and will 
be available for public inspection in the Office of the Docket Clerk 
during regular business hours, or can be viewed at: http://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: Terry Vawter, Senior Marketing 
Specialist or Martin Engeler, Regional Manager, California Marketing 
Field Office, Marketing Order and Agreement Division, Fruit and 
Vegetable Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 
487-5906, or Email: [email protected] or 
[email protected].
    Small businesses may request information on complying with this 
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement 
Division, Fruit and Vegetable 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 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, hereinafter 
referred to as the ``order.'' 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 Department of Agriculture (USDA) is issuing this proposed rule 
in conformance with Executive Orders 12866, 13563, and 13175.
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under the marketing order now in effect, 
California olive handlers are subject to assessments. Funds to 
administer the order are derived from such assessments. It is intended 
that the assessment rate increase proposed herein would be applicable 
to all assessable olives beginning on January 1, 2015, 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 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 
request 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.
    This proposed rule would increase the assessment rate established 
for the committee for the 2015 and subsequent fiscal years from $15.21 
to $26.00 per ton of assessable olives.
    The California olive marketing order provides authority for the 
committee, with the approval of USDA, to formulate an annual budget of 
expenses and collect assessments from handlers to administer the 
program. The members of the committee are producers and handlers of 
California olives. They are familiar with the committee's needs and 
with the costs for 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.
    For the 2014 and subsequent fiscal years, the committee 
recommended, and USDA approved, an assessment rate that would continue 
in effect from fiscal year to fiscal year unless modified, suspended, 
or terminated by USDA upon recommendation and information submitted by 
the committee or other information available to USDA.
    The committee met on December 9, 2014, and unanimously recommended 
2015 fiscal year expenditures of $1,374,072, and an assessment rate of 
$26.00 per ton of assessable olives. Olives are an alternate-bearing 
crop: a large crop followed by a smaller crop. Olive growers and 
handlers are accustomed to wide swings in crop yields, which 
necessarily result in fluctuations in the assessment rate from year to 
year. In comparison, last year's budgeted expenditures were $1,262,460.

[[Page 16591]]

The assessment rate of $26.00 is $10.79 higher than the rate currently 
in effect.
    The committee recommended the higher assessment rate because of a 
substantial decrease in assessable olive tonnage for the 2014 crop 
year. The olive tonnage available for the 2014 crop year was less than 
40,000 tons, which compares to the 91,000 tons reported for the 2013 
crop year, as reported by the California Agricultural Statistics 
Service (CASS).
    The reduced crop is due to olives being an alternate-bearing fruit. 
The 2014 crop was what is called the ``off'' crop: The smaller of the 
two bearing-year crops.
    In addition to the funds from handler assessments, the committee 
also plans to use available reserve funds to help meet its 2015 fiscal 
year expenses.
    The major expenditures recommended by the committee for the 2015 
fiscal year include $259,231 for research, $450,000 for marketing 
activities, $122,000 for inspection equipment and electronic reporting 
development, and $393,500 for administration. The major expenditures 
for the 2014 fiscal year included $312,560 for research, $565,600 for 
marketing activities, $37,800 for inspection equipment and electronic 
reporting development, and $346,500 for administration.
    Overall 2015 expenditures include an increase in inspection 
equipment and electronic reporting development expenses due to the need 
to purchase, test, install, and link new sizers to the electronic 
reporting system. Additionally, the research budget contains a 
contingency of $41,000 for new opportunities that may arise during the 
fiscal year, and the administrative budget includes a $31,000 
contingency for unforeseen issues.
    The assessment rate recommended by the committee resulted from 
consideration of anticipated fiscal year expenses, actual olive tonnage 
received by handlers during the 2014 crop year, and additional 
pertinent information. As reported by CASS, actual assessable tonnage 
for the 2014 crop year is under 40,000 tons or less than half of the 
91,000 assessable tons in the 2013 crop year, which is a result of the 
alternate-bearing characteristics of olives.
    Income derived from handler assessments, along with interest income 
and funds from the committee's authorized reserve would be adequate to 
cover budgeted expenses. Funds in the reserve would be kept within the 
maximum permitted by the order of approximately one fiscal year's 
expenses (Sec.  932.40).
    The proposed assessment rate 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 2015 fiscal year budget and 
those 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), the Agricultural Marketing Service (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 1000 producers of olives in the production 
area and 2 handlers subject to regulation under the marketing order. 
The Small Business Administration (13 CFR 121.201) defines small 
agricultural producers as those having annual receipts of less than 
$750,000, and small agricultural service firms as those whose annual 
receipts are less than $7,000,000 (13 CFR 121.210).
    Based upon information from the industry and CASS, the average 
grower price for the 2014 crop year was approximately $1,027 per ton, 
and total assessable volume was less than 40,000 tons. Based on 
production, producer prices, and the total number of California olive 
producers, the average annual producer revenue is less than $750,000. 
Thus, the majority of olive producers may be classified as small 
entities. Both of the handlers may be classified as large entities.
    This proposed rule would increase the assessment rate established 
for the committee and collected from handlers for the 2015 and 
subsequent fiscal years from $15.21 to $26.00 per ton of assessable 
olives. The committee unanimously recommended 2015 fiscal year 
expenditures of $1,374,072, and an assessment rate of $26.00 per ton. 
The higher assessment rate is necessary because assessable olive 
receipts for the 2014 crop year were reported by CASS to be less than 
40,000 tons, compared to 91,000 tons for the 2013 crop year.
    Income derived from the $26.00 per ton assessment rate, along with 
funds from the authorized reserve and interest income, should be 
adequate to meet this fiscal year's expenses.
    The major expenditures recommended by the committee for the 2015 
fiscal year include $259,231 for research, $450,000 for marketing 
activities, $122,000 for inspection equipment development, and $393,500 
for administration. Budgeted expenses for these items in 2014 were 
$312,560 for research, $565,600 for marketing activities, $37,800 for 
inspection equipment and electronic reporting development, and $346,500 
for administration.
    The committee deliberated many of the expenses, weighing the 
relative value of various programs or projects, and decreased their 
costs for research and marketing, while increasing their costs for 
inspection equipment and electronic reporting development, as well as 
their administrative expenses.
    Prior to arriving at this budget, the committee considered 
information from various sources such as 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 
reduced olive production. The assessment rate of $26.00 per ton of 
assessable olives was derived by considering anticipated expenses, the 
volume of assessable olives, and additional pertinent factors.
    A review of preliminary information indicates that average grower 
prices for 2014 crop olives was approximately $1,027 per ton. 
Therefore, utilizing the proposed assessment rate of $26.00 per ton, 
the estimated assessment revenue for the 2015 fiscal year as a 
percentage of total grower revenue would be approximately 2.5 percent.
    This action would increase the assessment obligation imposed on

[[Page 16592]]

handlers. While assessments impose some additional costs on handlers, 
the costs are minimal and uniform on all handlers. Some of the 
additional costs may be passed on to producers. However, these costs 
would be offset by the benefits derived from the operation of the 
marketing order. In addition, the committee's meeting was widely 
publicized throughout the California's olive industry and all 
interested persons were invited to attend the meeting and participate 
in committee deliberations on all issues. Like all committee meetings, 
the December 9, 2014, meeting was a public meeting and all entities, 
both large and small, were encouraged to express views on this issue. 
Finally, interested persons are invited to submit comments on this 
proposed rule including the regulatory and informational 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 the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0178. 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 impose no additional reporting or 
recordkeeping requirements on either small or large California olive 
handlers. As with all Federal marketing order programs, reports and 
forms are periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies.
    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: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions 
about the compliance guide should be sent to Jeffrey Smutny at the 
previously-mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposed rule. Thirty days is deemed appropriate 
because: (1) The 2015 fiscal year began on January 1, 2015, and the 
marketing order requires that the rate of assessment for each fiscal 
year apply to all assessable olives handled during such fiscal year; 
(2) the committee needs to have sufficient funds to pay its expenses, 
which are incurred on a continuous basis; and (3) both regulated 
handlers were present at the December 9, 2014, meeting, and are aware 
of this action, which was unanimously recommended by the committee at a 
public meeting, and is similar to other assessment rate actions issued 
in past years.

List of Subjects in 7 CFR Part 932

    Olives, Marketing agreements, Reporting and recordkeeping 
requirements.
    For the reasons set forth in the preamble, 7 CFR part 932 is 
proposed to be amended as follows:

PART 932--OLIVES GROWN IN CALIFORNIA

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

    Authority: 7 U.S.C. 601-674.
0
2. Section 932.230 is revised to read as follows:


Sec.  932.230  Assessment rate.

    On and after January 1, 2015, an assessment rate of $26.00 per ton 
is established for California olives.

    Dated: March 24, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-07116 Filed 3-27-15; 8:45 am]
 BILLING CODE 3410-02-P



                                                16590

                                                Proposed Rules                                                                                                Federal Register
                                                                                                                                                              Vol. 80, No. 60

                                                                                                                                                              Monday, March 30, 2015



                                                This section of the FEDERAL REGISTER                    proposed rule will be included in the                 obligation imposed in connection with
                                                contains notices to the public of the proposed          record and will be made available to the              the order is not in accordance with law
                                                issuance of rules and regulations. The                  public. Please be advised that the                    and request a modification of the order
                                                purpose of these notices is to give interested          identity of the individuals or entities               or to be exempted therefrom. Such
                                                persons an opportunity to participate in the            submitting the comments will be made                  handler is afforded the opportunity for
                                                rule making prior to the adoption of the final
                                                rules.
                                                                                                        public on the internet at the address                 a hearing on the petition. After the
                                                                                                        provided above.                                       hearing, USDA would rule on the
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      petition. The Act provides that the
                                                DEPARTMENT OF AGRICULTURE                               Terry Vawter, Senior Marketing                        district court of the United States in any
                                                                                                        Specialist or Martin Engeler, Regional                district in which the handler is an
                                                Agricultural Marketing Service                          Manager, California Marketing Field                   inhabitant, or has his or her principal
                                                                                                        Office, Marketing Order and Agreement                 place of business, has jurisdiction to
                                                7 CFR Part 932                                          Division, Fruit and Vegetable Program,                review USDA’s ruling on the petition,
                                                [Doc. No. AMS–FV–14–0105; FV15–932–1                    AMS, USDA; Telephone: (559) 487–                      provided an action is filed not later than
                                                PR]                                                     5901, Fax: (559) 487–5906, or Email:                  20 days after the date of the entry of the
                                                                                                        Terry.Vawter@ams.usda.gov or                          ruling.
                                                Olives Grown in California; Increased                   Martin.Engeler@ams.usda.gov.                             This proposed rule would increase
                                                Assessment Rate                                            Small businesses may request                       the assessment rate established for the
                                                                                                        information on complying with this                    committee for the 2015 and subsequent
                                                AGENCY:  Agricultural Marketing Service,                regulation by contacting Jeffrey Smutny,              fiscal years from $15.21 to $26.00 per
                                                USDA.                                                   Marketing Order and Agreement                         ton of assessable olives.
                                                ACTION: Proposed rule.                                  Division, Fruit and Vegetable Program,                   The California olive marketing order
                                                                                                        AMS, USDA, 1400 Independence                          provides authority for the committee,
                                                SUMMARY:   This proposed rule would                     Avenue SW., STOP 0237, Washington,
                                                implement a recommendation from the                                                                           with the approval of USDA, to formulate
                                                                                                        DC 20250–0237; Telephone: (202) 720–                  an annual budget of expenses and
                                                California Olive Committee (committee)                  2491, Fax: (202)720–8938, or Email:
                                                to increase the assessment rate                                                                               collect assessments from handlers to
                                                                                                        Jeffrey.Smutny@ams.usda.gov.                          administer the program. The members
                                                established for the 2015 and subsequent
                                                                                                        SUPPLEMENTARY INFORMATION: This                       of the committee are producers and
                                                fiscal years from $15.21 to $26.00 per
                                                assessable ton of olives handled. The                   proposed rule is issued under Marketing               handlers of California olives. They are
                                                committee locally administers the                       Agreement No. 148 and Order No. 932,                  familiar with the committee’s needs and
                                                marketing order and is comprised of                     both as amended (7 CFR part 932),                     with the costs for goods and services in
                                                producers and handlers of olives grown                  regulating the handling of olives grown               their local area and are thus in a
                                                in California. Assessments upon olive                   in California, hereinafter referred to as             position to formulate an appropriate
                                                handlers are used by the committee to                   the ‘‘order.’’ The order is effective under           budget and assessment rate.
                                                fund reasonable and necessary expenses                  the Agricultural Marketing Agreement                     The assessment rate is formulated and
                                                of the program. The fiscal year begins                  Act of 1937, as amended (7 U.S.C. 601–                discussed in a public meeting. Thus, all
                                                January 1 and ends December 31. The                     674), hereinafter referred to as the                  directly affected persons have an
                                                assessment rate would remain in effect                  ‘‘Act.’’                                              opportunity to participate and provide
                                                                                                           The Department of Agriculture
                                                indefinitely unless modified,                                                                                 input.
                                                                                                        (USDA) is issuing this proposed rule in
                                                suspended, or terminated.                                                                                        For the 2014 and subsequent fiscal
                                                                                                        conformance with Executive Orders
                                                DATES: Comments must be received by                     12866, 13563, and 13175.                              years, the committee recommended, and
                                                April 29, 2015.                                            This proposed rule has been reviewed               USDA approved, an assessment rate that
                                                ADDRESSES: Interested persons are                       under Executive Order 12988, Civil                    would continue in effect from fiscal year
                                                invited to submit written comments                      Justice Reform. Under the marketing                   to fiscal year unless modified,
                                                concerning this proposed rule.                          order now in effect, California olive                 suspended, or terminated by USDA
                                                Comments must be sent to the Docket                     handlers are subject to assessments.                  upon recommendation and information
                                                Clerk, Marketing Order and Agreement                    Funds to administer the order are                     submitted by the committee or other
                                                Division, Fruit and Vegetable Program,                  derived from such assessments. It is                  information available to USDA.
                                                AMS, USDA, 1400 Independence                            intended that the assessment rate                        The committee met on December 9,
                                                Avenue SW., STOP 0237, Washington,                      increase proposed herein would be                     2014, and unanimously recommended
                                                DC 20250–0237; Fax: (202) 720–8938; or                  applicable to all assessable olives                   2015 fiscal year expenditures of
                                                Internet: http://www.regulations.gov.                   beginning on January 1, 2015, and                     $1,374,072, and an assessment rate of
                                                Comments should reference the                           continue until amended, suspended, or                 $26.00 per ton of assessable olives.
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                document number and the date and                        terminated.                                           Olives are an alternate-bearing crop: a
                                                page number of this issue of the Federal                   The Act provides that administrative               large crop followed by a smaller crop.
                                                Register and will be available for public               proceedings must be exhausted before                  Olive growers and handlers are
                                                inspection in the Office of the Docket                  parties may file suit in court. Under                 accustomed to wide swings in crop
                                                Clerk during regular business hours, or                 section 608c(15)(A) of the Act, any                   yields, which necessarily result in
                                                can be viewed at:                                       handler subject to an order may file                  fluctuations in the assessment rate from
                                                http://www.regulations.gov. All                         with USDA a petition stating that the                 year to year. In comparison, last year’s
                                                comments submitted in response to this                  order, any provision of the order, or any             budgeted expenditures were $1,262,460.


                                           VerDate Sep<11>2014   17:11 Mar 27, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\30MRP1.SGM   30MRP1


                                                                        Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Proposed Rules                                           16591

                                                The assessment rate of $26.00 is $10.79                   The proposed assessment rate would                  $750,000. Thus, the majority of olive
                                                higher than the rate currently in effect.               continue in effect indefinitely unless                producers may be classified as small
                                                  The committee recommended the                         modified, suspended, or terminated by                 entities. Both of the handlers may be
                                                higher assessment rate because of a                     USDA upon recommendation and                          classified as large entities.
                                                substantial decrease in assessable olive                information submitted by the committee                   This proposed rule would increase
                                                tonnage for the 2014 crop year. The                     or other available information.                       the assessment rate established for the
                                                olive tonnage available for the 2014 crop                 Although this assessment rate would                 committee and collected from handlers
                                                year was less than 40,000 tons, which                   be in effect for an indefinite period, the            for the 2015 and subsequent fiscal years
                                                compares to the 91,000 tons reported for                committee would continue to meet prior                from $15.21 to $26.00 per ton of
                                                the 2013 crop year, as reported by the                  to or during each fiscal year to                      assessable olives. The committee
                                                California Agricultural Statistics Service              recommend a budget of expenses and                    unanimously recommended 2015 fiscal
                                                (CASS).                                                 consider recommendations for                          year expenditures of $1,374,072, and an
                                                  The reduced crop is due to olives                     modification of the assessment rate. The              assessment rate of $26.00 per ton. The
                                                being an alternate-bearing fruit. The                   dates and times of committee meetings                 higher assessment rate is necessary
                                                2014 crop was what is called the ‘‘off’’                are available from the committee or                   because assessable olive receipts for the
                                                crop: The smaller of the two bearing-                   USDA. Committee meetings are open to                  2014 crop year were reported by CASS
                                                year crops.                                             the public and interested persons may                 to be less than 40,000 tons, compared to
                                                  In addition to the funds from handler                 express their views at these meetings.                91,000 tons for the 2013 crop year.
                                                assessments, the committee also plans                   USDA would evaluate committee                            Income derived from the $26.00 per
                                                to use available reserve funds to help                  recommendations and other available                   ton assessment rate, along with funds
                                                meet its 2015 fiscal year expenses.                     information to determine whether                      from the authorized reserve and interest
                                                                                                        modification of the assessment rate is                income, should be adequate to meet this
                                                  The major expenditures
                                                                                                        needed. Further rulemaking would be                   fiscal year’s expenses.
                                                recommended by the committee for the                                                                             The major expenditures
                                                2015 fiscal year include $259,231 for                   undertaken as necessary. The
                                                                                                        committee’s 2015 fiscal year budget and               recommended by the committee for the
                                                research, $450,000 for marketing                                                                              2015 fiscal year include $259,231 for
                                                activities, $122,000 for inspection                     those for subsequent fiscal years would
                                                                                                        be reviewed and, as appropriate,                      research, $450,000 for marketing
                                                equipment and electronic reporting                                                                            activities, $122,000 for inspection
                                                                                                        approved by USDA.
                                                development, and $393,500 for                                                                                 equipment development, and $393,500
                                                administration. The major expenditures                  Initial Regulatory Flexibility Analysis               for administration. Budgeted expenses
                                                for the 2014 fiscal year included                         Pursuant to requirements set forth in               for these items in 2014 were $312,560
                                                $312,560 for research, $565,600 for                     the Regulatory Flexibility Act (RFA) (5               for research, $565,600 for marketing
                                                marketing activities, $37,800 for                       U.S.C. 601–612), the Agricultural                     activities, $37,800 for inspection
                                                inspection equipment and electronic                     Marketing Service (AMS) has                           equipment and electronic reporting
                                                reporting development, and $346,500                     considered the economic impact of this                development, and $346,500 for
                                                for administration.                                     proposed rule on small entities.                      administration.
                                                  Overall 2015 expenditures include an                  Accordingly, AMS has prepared this                       The committee deliberated many of
                                                increase in inspection equipment and                    initial regulatory flexibility analysis.              the expenses, weighing the relative
                                                electronic reporting development                          The purpose of the RFA is to fit                    value of various programs or projects,
                                                expenses due to the need to purchase,                   regulatory actions to the scale of                    and decreased their costs for research
                                                test, install, and link new sizers to the               businesses subject to such actions in                 and marketing, while increasing their
                                                electronic reporting system.                            order that small businesses will not be               costs for inspection equipment and
                                                Additionally, the research budget                       unduly or disproportionately burdened.                electronic reporting development, as
                                                contains a contingency of $41,000 for                   Marketing orders issued pursuant to the               well as their administrative expenses.
                                                new opportunities that may arise during                 Act, and the rules issued thereunder, are                Prior to arriving at this budget, the
                                                the fiscal year, and the administrative                 unique in that they are brought about                 committee considered information from
                                                budget includes a $31,000 contingency                   through group action of essentially                   various sources such as the committee’s
                                                for unforeseen issues.                                  small entities acting on their own                    Executive, Marketing, Inspection, and
                                                  The assessment rate recommended by                    behalf.                                               Research Subcommittees. Alternate
                                                the committee resulted from                               There are approximately 1000                        expenditure levels were discussed by
                                                consideration of anticipated fiscal year                producers of olives in the production                 these groups based upon the relative
                                                expenses, actual olive tonnage received                 area and 2 handlers subject to regulation             value of various projects to the olive
                                                by handlers during the 2014 crop year,                  under the marketing order. The Small                  industry and the reduced olive
                                                and additional pertinent information.                   Business Administration (13 CFR                       production. The assessment rate of
                                                As reported by CASS, actual assessable                  121.201) defines small agricultural                   $26.00 per ton of assessable olives was
                                                tonnage for the 2014 crop year is under                 producers as those having annual                      derived by considering anticipated
                                                40,000 tons or less than half of the                    receipts of less than $750,000, and small             expenses, the volume of assessable
                                                91,000 assessable tons in the 2013 crop                 agricultural service firms as those whose             olives, and additional pertinent factors.
                                                year, which is a result of the alternate-               annual receipts are less than $7,000,000                 A review of preliminary information
                                                bearing characteristics of olives.                      (13 CFR 121.210).                                     indicates that average grower prices for
                                                  Income derived from handler                             Based upon information from the                     2014 crop olives was approximately
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                assessments, along with interest income                 industry and CASS, the average grower                 $1,027 per ton. Therefore, utilizing the
                                                and funds from the committee’s                          price for the 2014 crop year was                      proposed assessment rate of $26.00 per
                                                authorized reserve would be adequate to                 approximately $1,027 per ton, and total               ton, the estimated assessment revenue
                                                cover budgeted expenses. Funds in the                   assessable volume was less than 40,000                for the 2015 fiscal year as a percentage
                                                reserve would be kept within the                        tons. Based on production, producer                   of total grower revenue would be
                                                maximum permitted by the order of                       prices, and the total number of                       approximately 2.5 percent.
                                                approximately one fiscal year’s                         California olive producers, the average                  This action would increase the
                                                expenses (§ 932.40).                                    annual producer revenue is less than                  assessment obligation imposed on


                                           VerDate Sep<11>2014   17:11 Mar 27, 2015   Jkt 235001   PO 00000   Frm 00002   Fmt 4702   Sfmt 4702   E:\FR\FM\30MRP1.SGM   30MRP1


                                                16592                   Federal Register / Vol. 80, No. 60 / Monday, March 30, 2015 / Proposed Rules

                                                handlers. While assessments impose                      2015, and the marketing order requires                procedure, and establish standards
                                                some additional costs on handlers, the                  that the rate of assessment for each                  governing the consideration of such
                                                costs are minimal and uniform on all                    fiscal year apply to all assessable olives            alternatives at research facilities that are
                                                handlers. Some of the additional costs                  handled during such fiscal year; (2) the              registered under the AWA regulations.
                                                may be passed on to producers.                          committee needs to have sufficient                    We are making this petition available to
                                                However, these costs would be offset by                 funds to pay its expenses, which are                  the public and soliciting comments
                                                the benefits derived from the operation                 incurred on a continuous basis; and (3)               regarding the petition and any issues
                                                of the marketing order. In addition, the                both regulated handlers were present at               raised by the petition that we should
                                                committee’s meeting was widely                          the December 9, 2014, meeting, and are                take into account as we consider this
                                                publicized throughout the California’s                  aware of this action, which was                       petition.
                                                olive industry and all interested persons               unanimously recommended by the                        DATES: We will consider all comments
                                                were invited to attend the meeting and                  committee at a public meeting, and is                 that we receive on or before May 29,
                                                participate in committee deliberations                  similar to other assessment rate actions              2015.
                                                on all issues. Like all committee                       issued in past years.
                                                meetings, the December 9, 2014,                                                                               ADDRESSES:    You may submit comments
                                                meeting was a public meeting and all                    List of Subjects in 7 CFR Part 932                    by either of the following methods:
                                                entities, both large and small, were                      Olives, Marketing agreements,                          • Federal eRulemaking Portal: Go to
                                                encouraged to express views on this                     Reporting and recordkeeping                           http://www.regulations.gov/
                                                issue. Finally, interested persons are                  requirements.                                         #!docketDetail;D=APHIS-2014-0050.
                                                invited to submit comments on this                        For the reasons set forth in the                       • Postal Mail/Commercial Delivery:
                                                proposed rule including the regulatory                  preamble, 7 CFR part 932 is proposed to               Send your comment to Docket No.
                                                and informational impacts of this action                be amended as follows:                                APHIS–2014–0050, Regulatory Analysis
                                                on small businesses.                                                                                          and Development, PPD, APHIS, Station
                                                   In accordance with the Paperwork                     PART 932—OLIVES GROWN IN                              3A–03.8, 4700 River Road Unit 118,
                                                Reduction Act of 1995 (44 U.S.C.                        CALIFORNIA                                            Riverdale, MD 20737–1238.
                                                Chapter 35), the order’s information                                                                             Supporting documents and any
                                                collection requirements have been                       ■ 1. The authority citation for 7 CFR                 comments we receive on this docket
                                                previously approved by the Office of                    part 932 continues to read as follows:                may be viewed at http://
                                                Management and Budget (OMB) and                             Authority: 7 U.S.C. 601–674.                      www.regulations.gov/
                                                assigned OMB No. 0581–0178. No                          ■ 2. Section 932.230 is revised to read               #!docketDetail;D=APHIS-2014-0050 or
                                                changes in those requirements as a                      as follows:                                           in our reading room, which is located in
                                                result of this action are necessary.                                                                          room 1141 of the USDA South Building,
                                                                                                        § 932.230    Assessment rate.
                                                Should any changes become necessary,                                                                          14th Street and Independence Avenue
                                                they would be submitted to OMB for                        On and after January 1, 2015, an                    SW., Washington, DC. Normal reading
                                                approval.                                               assessment rate of $26.00 per ton is                  room hours are 8 a.m. to 4:30 p.m.,
                                                   This proposed rule would impose no                   established for California olives.                    Monday through Friday, except
                                                additional reporting or recordkeeping                     Dated: March 24, 2015.                              holidays. To be sure someone is there to
                                                requirements on either small or large                   Rex A. Barnes,                                        help you, please call (202) 799–7039
                                                California olive handlers. As with all                  Associate Administrator, Agricultural                 before coming.
                                                Federal marketing order programs,                       Marketing Service.                                    FOR FURTHER INFORMATION CONTACT: Dr.
                                                reports and forms are periodically                      [FR Doc. 2015–07116 Filed 3–27–15; 8:45 am]           Carol Clarke, Research Program
                                                reviewed to reduce information                          BILLING CODE 3410–02–P                                Manager, USDA, APHIS, Animal Care,
                                                requirements and duplication by
                                                                                                                                                              4700 River Road Unit 84, Riverdale, MD
                                                industry and public sector agencies.
                                                   AMS is committed to complying with                                                                         20737–1234; (301) 851–3751.
                                                                                                        DEPARTMENT OF AGRICULTURE                             SUPPLEMENTARY INFORMATION: The
                                                the E-Government Act to promote the
                                                use of the internet and other                           Animal and Plant Health Inspection                    Animal Welfare Act (AWA, 7 U.S.C.
                                                information technologies to provide                     Service                                               2131 et seq.) authorizes the Secretary of
                                                increased opportunities for citizen                                                                           Agriculture to promulgate standards and
                                                access to Government information and                    9 CFR Parts 1 and 2                                   other requirements governing research
                                                services, and for other purposes.                                                                             facilities. The Secretary has delegated
                                                   USDA has not identified any relevant                 [Docket No. APHIS–2014–0050]                          the responsibility for enforcing the
                                                Federal rules that duplicate, overlap, or                                                                     AWA to the Administrator of the
                                                                                                        Petition To Define Alternatives to                    Animal and Plant Health Inspection
                                                conflict with this action.
                                                                                                        Procedures That May Cause Pain or                     Service (APHIS). Within APHIS, the
                                                   A small business guide on complying
                                                                                                        Distress and To Establish Standards                   responsibility for administering the
                                                with fruit, vegetable, and specialty crop
                                                                                                        Regarding Consideration of These                      AWA has been delegated to the Deputy
                                                marketing agreements and orders may
                                                                                                        Alternatives                                          Administrator for Animal Care.
                                                be viewed at: http://www.ams.usda.gov/
                                                MarketingOrdersSmallBusinessGuide.                      AGENCY:  Animal and Plant Health                         Regulations and standards
                                                Any questions about the compliance                      Inspection Service, USDA.                             promulgated under the AWA are
                                                guide should be sent to Jeffrey Smutny                  ACTION: Notice of petition.                           contained in Title 9 of the Code of
tkelley on DSK3SPTVN1PROD with PROPOSALS




                                                at the previously-mentioned address in                                                                        Federal Regulations, parts 1, 2, and 3
                                                the FOR FURTHER INFORMATION CONTACT                     SUMMARY:   We are notifying the public                (referred to collectively below as the
                                                section.                                                that the Animal and Plant Health                      AWA regulations). Part 1 contains
                                                   A 30-day comment period is provided                  Inspection Service has received a                     definitions of terms used within parts 2
                                                to allow interested persons to respond                  petition requesting that we amend the                 and 3. Part 2 contains licensing and
                                                to this proposed rule. Thirty days is                   Animal Welfare Act (AWA) regulations                  registration regulations, regulations
                                                deemed appropriate because: (1) The                     to define the term alternatives, clarify              specific to research facilities, and
                                                2015 fiscal year began on January 1,                    the existing definition of painful                    regulations governing veterinary care,


                                           VerDate Sep<11>2014   18:31 Mar 27, 2015   Jkt 235001   PO 00000   Frm 00003   Fmt 4702   Sfmt 4702   E:\FR\FM\30MRP1.SGM   30MRP1



Document Created: 2015-12-18 11:32:27
Document Modified: 2015-12-18 11:32:27
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments must be received by April 29, 2015.
ContactTerry Vawter, Senior Marketing Specialist or Martin Engeler, Regional Manager, California Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906, or Email: [email protected] or [email protected]
FR Citation80 FR 16590 
CFR AssociatedOlives; Marketing Agreements and Reporting and Recordkeeping Requirements

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR