81 FR 46567 - Olives Grown in California; Suspension and Revision of Incoming Size-Grade Requirements
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 137 (July 18, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 137 (July 18, 2016)
| Page Range | 46567-46570 | |
| FR Document | 2016-16704 |
[Federal Register Volume 81, Number 137 (Monday, July 18, 2016)] [Rules and Regulations] [Pages 46567-46570] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-16704] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations [[Page 46567]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Docket No. AMS-SC-16-0031; SC16-932-1 IR] Olives Grown in California; Suspension and Revision of Incoming Size-Grade Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This rule implements a recommendation from the California Olive Committee (Committee) to suspend the incoming size-grade authority under the California olive marketing order (order), which regulates the handling of olives in California. The rule also makes conforming changes to the corresponding size-grade requirements in the order's rules and regulations to adapt them to the suspension. The Committee locally administers the order and is comprised of California olive producers and handlers operating within the production area. The suspension and revisions are intended to allow the Committee time to develop new incoming size-grade authority that will reflect currently- available technology and meet the industry's future needs. DATES: Effective July 19, 2016; comments received by September 16, 2016 will be considered prior to issuance of a final rule. ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250- 0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. All comments should reference the document number and the date and page number of this issue of the Federal Register and will be made 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 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: Peter Sommers, Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops 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 Antoinette Carter, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement 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 agreement and order are 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 interim rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 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. A handler is afforded the opportunity for a hearing on the petition. After the hearing USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. This rule suspends the incoming size-grade authority of the marketing order and revises the corresponding size-grade requirements in the order's rules and regulations. The current authority establishes a range of size designations and average count ranges per pound into which the varieties of olives must fall in order to be size-certified by the Federal or Federal-State Inspection Service. The incoming size- grade regulations do not reflect the size-grading capabilities of newer technology available to California olive handlers. Currently, the order mandates that sizing of olives be based on count ranges and average counts per pound, while the new technology sizes olives using their associated mass and volume. Thus, the current size-grade requirements and the sizing capabilities of the new technology are incompatible. This recommendation was passed unanimously by the Committee at a meeting on February 17, 2016. The incoming regulations include a requirement for olives to be weighed upon receipt. This regulation is not being suspended, since handlers need to weigh the bins of incoming olives so that each producer has a record of their total deliveries to handlers. Thus, this relaxation will require continued weighing of olives but will suspend the requirement that olives be size-graded upon receipt. By relaxing the sizing requirement, handlers will be able to voluntarily size olives to make accurate payments to their producers on their total deliveries, ensure that the olives they place into their storage tanks are uniform in size for efficient processing, and utilize any olive size for limited-use styles. Even though there will be no incoming size requirements, handlers will continue to be bound by mandatory inspection and certification of outgoing [[Page 46568]] size requirements listed in the U.S. Standards for Grade of Canned Ripe Olives (7 CFR part 52). Outgoing inspection, based on weight and count, will continue to be used to verify compliance with the U.S. Standards of the previously sorted olives. Limited-use styles include olives that are no longer in whole form and are sliced, segmented (wedged), chopped, halved, and broken pitted styles. When incoming regulation is in effect, the Committee has authority to identify size-grade categories of olives that are eligible to be used in limited-use styles. With the suspension of the incoming size-grade requirement, handlers will be able to use any size olive for limited-use styles. Therefore, the suspension of incoming size-grade regulation relaxes the requirements for limited-use. This suspension is necessary in order to provide the industry, and their USDA partners, the opportunity to work on new size-grading requirements that will address and work in tandem with new sizing technology. This rule suspends language in Sec. 932.51 related to size-grade requirements. In addition, this rule revises language in Sec. 932.151, where ``weight'' is used to replace ``size-grading,'' and removes certain references to the ``inspection service'' or replaces the term with ``Committee.'' With this change, while incoming regulation is suspended, the Committee will receive information directly from handlers on incoming olive receipts from growers, rather than through the Inspection Service. Section 932.51 of the order specifies that incoming olives be weighed and size-graded under the supervision of the Federal or Federal-State Inspection Service. The size designations set forth are those found in the U.S. Standards for Grade of Canned Ripe Olives (7 CFR part 52) and include additional size designations specified in Sec. 932.51. Section 932.51 also establishes authority for handlers to use limited-use olives. As previously stated, once the suspension is in effect, handlers will be able to use any olives in the production of limited-use styles. As noted above, weight certification will still be required under Sec. 932.51 for all olives received by handlers, so that producers will be able to confirm their total deliveries to handlers. Section 932.151 of the order's rules and regulations specifies the requirements for incoming olives, which are--weighing, size-grading, and certifying of canning olives and non-canning olives (culls). The olive industry has been involved in a technological shift since 2012. In addition to electronic reporting technology, which eliminates burdensome paper reports, the industry has begun moving toward more cost-effective and accurate sizing technology. New technology sorts olives by measuring the volume and mass of each olive directly, rather than by count per pound and approximate count per pound. As technology changes and improves, better methods of classifying olives by size need to be in place. With the technology now available, handlers report a 30-percent reduction in labor costs. Those reduced costs contribute to making California olive handlers more competitive with other olive- processing countries. Since new technology represents a significant departure from existing size-grading techniques, the Committee believes, with industry support, that the correct course of action is to suspend the incoming size-grade requirements. This will give the industry, working with their USDA partners, the time to develop size-grade requirements that reflect changes in technology. This suspension requires a modification of two Committee forms, Weight and Grade Report (COC-3c) and the Report of Limited and Undersize and Cull Olives Inspection and Disposition (COC-5). Both are approved for use under OMB No. 0581-0178, Generic Vegetables and Specialty Crops, and used by the Federal or Federal-State Inspection Service to certify sizes of incoming olives and limited-use style sizes. In addition, the COC-3c is specified as being an inspection certificate. Since this rule suspends the incoming size-grading requirements, there is no need for the inspection service to certify sizes of olives or issue an inspection certificate. Following the publication of this rule, the COC-3c will be used by handlers to report to the Committee the incoming weights and volume size distribution of the sample. The COC-5 will be used by handlers to certify limited, undersize, and cull olive disposition. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA), the Agricultural Marketing Service (AMS) has considered the economic impact of this action 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 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 two handlers subject to regulation under the marketing order and approximately 1,000 olive producers in the production area. Small agricultural service firms are defined by the Small Business Administration (SBA) as those having annual receipts of less than $7,500,000, and small agricultural producers are defined as those having annual receipts of less than $750,000 (13 CFR 121.201). Based upon information from the Committee and the National Agricultural Statistics Service (NASS), the average producer price for the 2013-14 crop year (the last year information was available) was $1,150 per ton of canning-size olives and $385 per ton for limited-use size olives. The total assessable volume was 85,668 tons. Canning sizes represented 88 percent of the assessable olive volume, while limited- use sizes represented 12 percent of the assessable olive volume. 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 relaxation is expected to positively impact both handlers and producers. Handlers will be able to use new technology as it becomes available to voluntarily size-grade incoming fruit more accurately, helping them be more competitive. Producers will benefit from more- accurate sizing, potentially resulting in higher handler payments to producers. This relaxation will also provide the industry with the opportunity to develop new mandatory sizing requirements conducive to alternative sizing capabilities. The Committee's Incoming Inspection Workgroup initially discussed this recommendation and its alternatives on January 25, 2016, as did the Inspection Subcommittee prior to the Committee meeting on February 17, 2016. The Committee also considered alternatives to this action, but concluded that the correct course of action would be to recommend suspension. For all the reasons cited herein, the alternative to continue mandatory size-grading was not considered viable, would not give handlers the flexibility they need, and was rejected. This rule suspends the size-grade requirements of the incoming regulations in Sec. 932.51, beginning with the 2016-2017 crop year. It also revises [[Page 46569]] the rules and regulations in Sec. 932.151 allowing for the continued certification of olives by weight and replaces references to the inspection service with the Committee. In addition, minor modifications are being made to the COC 3 and COC 5 forms. The suspension and revisions are intended to allow the Committee time to develop new requirements that address advancing technology and equipment; help reduce handling costs, keeping the California industry competitive with other olive-processing countries; and increase handler efficiency. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the order's information collection requirements are approved by the Office of Management and Budget (OMB) under OMB No. 0581-0178 (Generic Vegetables and Specialty Crops). Minor changes to those requirements are necessary as a result of this action. AMS has submitted a request to the Office of Management and Budget (OMB) to make minor changes to forms COC-3c and COC-5. The four changes to form COC-3c include removing the block entitled ``Cert No.''; deleting the words ``inspection certificate'' from the block entitled ``California Olive Committee''; deleting the statement ``This lot was weighed, sampled, and size graded under the direct supervision of the Federal-State Inspection Program'' and deleting the signature and date lines associated with that statement; and lastly, removing the words ``OFFICIAL INSPECTION CERTIFICATE'' and adding the words ``Handler Use Only''. The changes to form COC-5 include changing the words ``(5) REQUEST FOR INSPECTION'' to ``(5) DISPOSITION'' and removing the words ``(7) INSPECTION CERTIFICATION: The olives inspected conform to the information listed above'' and deleting the space for the inspector's signature and the date. Additionally, changes to the form's instructions include removing the words ``to be inspected'' from the GENERAL instruction, and deleting the instruction for ITEM (7). 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. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Furthermore, the Committee's meeting was widely publicized throughout the California olive industry, and all interested persons were invited to attend the meeting and encouraged to participate in Committee deliberations. Like all Committee and subcommittee meetings, the January 25, 2016, and February 17, 2016, meetings were public meetings, and all entities, both large and small, were able to express their views on this issue. Also, the Committee has a number of appointed subcommittees that review specific issues and make recommendations to the Committee. The Committee's Inspection Subcommittee met on February 17, 2016, prior to the full Committee meeting on that same day, and discussed this issue in detail. That meeting was the result of a special working group meeting on January 25, 2016. The working group was tasked with reviewing the inspection protocol and related issues, and reporting their findings and recommendations to the Inspection Subcommittee. All three meetings were public meetings, and both large and small entities were encouraged to participate and express their views. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. 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/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Antoinette Carter at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on the suspension and revision of incoming size-grade requirements under the California olive marketing order. Any comments received will be considered prior to the finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that this interim rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 60 days after publication in the Federal Register because: the Committee unanimously recommended these changes at a public meeting; this is a relaxation of the marketing order requirements; and this rule provides a 30-day comment period. Any comments received will be considered prior to finalization of 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, 7 CFR part 932 is amended as follows: PART 932--OLIVES GROWN IN CALIFORNIA 0 1. The authority citation for 7 CFR part 932 continues to read as follows: Authority: 7 U.S.C. 601-674. Sec. 932.51 [Amended] 0 2. In Sec. 932.51, suspend indefinitely paragraphs (a)(1)(ii) through (a)(5). 0 3. Amend Sec. 932.151 by revising paragraphs (a), (b), (c), (d), (e)(1), (2), and (4), and (f)(1) to read as follows: Sec. 932.151 Incoming regulations. (a) Inspection stations. Natural condition olives shall be weighed only at inspection stations which shall be a plant of a handler or other place having facilities for weighing such olives: Provided, That such location and facilities are satisfactory to the committee: Provided further, That upon prior application to, and approval by, the committee, a handler may receive olives at an inspection station other than the one where the lot was weighed. (b) Lot identification. (1) Immediately upon receipt of each lot of natural condition olives, the handler shall complete Form COC 3A or 3C, weight and grade report or such other lot identification form as may be approved by the committee, which shall contain at least the following: (i) Lot number; (ii) Date; (iii) Variety; and (iv) Number and type containers. (2) The handler shall maintain identity of such lot of olives with its corresponding lot weight and grade report. (c) Weighing. Each lot of natural condition olives shall be separately weighed to determine the net weight of olives. (d) Handler incoming responsibility--(1) General. The handler is responsible for the proper performance of all actions connected with the identification of lots of olives, the weighing of boxes or bins, the taking of samples, and the furnishing of necessary personnel for the carrying out of such actions. (2) Certification. (i) For each lot of olives that are weighed, the handler [[Page 46570]] shall complete Form COC-3A or 3C, weight and grade report, which shall contain at least the following: (A) Name of handler; (B) Name of producer; (C) County of production; (D) Applicable lot number; (E) Weight certificate number; (F) Net weight; (G) Number and type of containers; (H) Date received; (I) Time received; and (J) Weight of sample. (ii) The completed Form COC-3A or 3C shall be furnished to the committee, which shall certify thereon that the lot was weighed as required by Sec. 932.51 if in accordance with the facts. (e) Disposition of noncanning olives--(1)(i) Notification and inspection of noncanning olives. Prior to disposition of noncanning olives the handler shall complete Form COC-5, report of limited and undersize and cull olives inspection and disposition, which shall contain the following: (A) Type and number of containers; (B) Type of olives (undersize or culls); (C) Net weight; (D) Variety; (E) Outlet (green olives, olive oil, etc.); and (F) Consignee. (ii) Before disposition of such olives, the completed Form COC-5 shall be furnished to the committee. (2) Control and surveillance. Noncanning olives that have been reported on Form COC-5 shall, unless such olives are disposed of immediately after receipt, be identified by fixing to each bin or pallet of boxes a COC control card which may be obtained from the committee. Such olives shall be kept separate and apart from other olives in the handler's possession and shall be disposed of only in the outlet shown on Form COC-5. * * * * * (4) Olives not subject to incoming regulation requirements. Except as otherwise prescribed in Sec. 932.51(b), any lot of olives to be used solely in the production of green olives or canned ripe olives of the ``tree ripened'' type shall not be subject to incoming regulation: Provided, That the applicable requirements of Sec. 932.51(b) are met and the handler notifies the committee, in writing, that such lot is to be so used. Notice may be given by writing on the weight certificate ``Lot to be used solely for use in the production of green olives or tree ripened olives'' and a copy of such weight certificate given to the committee. (f) Partially exempted lots. (1) Pursuant to Sec. 932.55, any handler may process any lot of natural condition olives for use in the production of packaged olives which has not first been weighed as an individual lot as required by Sec. 932.51(a)(1)(i) but was combined with any other lot or lots of natural condition olives, only if: (i) All the olives in the combined lot are delivered to the handler in the same day; (ii) The total net weight of the olives delivered to the handler by any person in such day does not exceed 500 pounds; (iii) Each such person had authorized combination of his lot with other lots; and (iv) The combined lot of the natural condition olives is weighed as required by Sec. 932.51(a)(1)(i) prior to processing the olives. * * * * * Dated: July 11, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-16704 Filed 7-15-16; 8:45 am] BILLING CODE 3410-02-P
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Rules and Regulations Federal Register
Vol. 81, No. 137
Monday, July 18, 2016
This section of the FEDERAL REGISTER www.regulations.gov. All comments the order is not in accordance with law
contains regulatory documents having general should reference the document number and request a modification of the order
applicability and legal effect, most of which and the date and page number of this or to be exempted therefrom. A handler
are keyed to and codified in the Code of issue of the Federal Register and will be is afforded the opportunity for a hearing
Federal Regulations, which is published under made available for public inspection in on the petition. After the hearing USDA
50 titles pursuant to 44 U.S.C. 1510.
the Office of the Docket Clerk during would rule on the petition. The Act
The Code of Federal Regulations is sold by regular business hours, or can be viewed provides that the district court of the
the Superintendent of Documents. Prices of at: http://www.regulations.gov. All United States in any district in which
new books are listed in the first FEDERAL comments submitted in response to this the handler is an inhabitant, or has his
REGISTER issue of each week. rule will be included in the record and or her principal place of business, has
will be made available to the public. jurisdiction to review USDA’s ruling on
Please be advised that the identity of the the petition, provided an action is filed
DEPARTMENT OF AGRICULTURE individuals or entities submitting the not later than 20 days after the date of
comments will be made public on the the entry of the ruling.
Agricultural Marketing Service internet at the address provided above. This rule suspends the incoming size-
FOR FURTHER INFORMATION CONTACT: grade authority of the marketing order
7 CFR Part 932 Peter Sommers, Marketing Specialist, or and revises the corresponding size-grade
[Docket No. AMS–SC–16–0031; SC16–932– Jeffrey Smutny, Regional Director, requirements in the order’s rules and
1 IR] California Marketing Field Office, regulations. The current authority
Marketing Order and Agreement establishes a range of size designations
Olives Grown in California; Division, Specialty Crops Program, and average count ranges per pound
Suspension and Revision of Incoming AMS, USDA; Telephone: (559) 487– into which the varieties of olives must
Size-Grade Requirements 5901, Fax: (559) 487–5906; or Email: fall in order to be size-certified by the
AGENCY: Agricultural Marketing Service, PeterR.Sommers@ams.usda.gov or Federal or Federal-State Inspection
USDA. Jeffrey.Smutny@ams.usda.gov. Service. The incoming size-grade
ACTION: Interim rule with request for Small businesses may request regulations do not reflect the size-
comments. information on complying with this grading capabilities of newer technology
regulation by contacting Antoinette available to California olive handlers.
SUMMARY: This rule implements a Carter, Marketing Order and Agreement Currently, the order mandates that
recommendation from the California Division, Specialty Crops Program, sizing of olives be based on count ranges
Olive Committee (Committee) to AMS, USDA, 1400 Independence and average counts per pound, while
suspend the incoming size-grade Avenue SW., STOP 0237, Washington, the new technology sizes olives using
authority under the California olive DC 20250–0237; Telephone: (202) 720– their associated mass and volume. Thus,
marketing order (order), which regulates 2491, Fax: (202) 720–8938, or Email: the current size-grade requirements and
the handling of olives in California. The Antoinette.Carter@ams.usda.gov. the sizing capabilities of the new
rule also makes conforming changes to SUPPLEMENTARY INFORMATION: This rule technology are incompatible. This
the corresponding size-grade is issued under Marketing Agreement recommendation was passed
requirements in the order’s rules and 148 and Order No. 932, both as unanimously by the Committee at a
regulations to adapt them to the amended (7 CFR part 932), regulating meeting on February 17, 2016.
suspension. The Committee locally The incoming regulations include a
the handling of olives grown in
administers the order and is comprised requirement for olives to be weighed
California, hereinafter referred to as the
of California olive producers and upon receipt. This regulation is not
‘‘order.’’ The agreement and order are
handlers operating within the being suspended, since handlers need to
effective under the Agricultural
production area. The suspension and weigh the bins of incoming olives so
Marketing Agreement Act of 1937, as
revisions are intended to allow the that each producer has a record of their
amended (7 U.S.C. 601–674), hereinafter
Committee time to develop new total deliveries to handlers. Thus, this
referred to as the ‘‘Act.’’
incoming size-grade authority that will The Department of Agriculture relaxation will require continued
reflect currently-available technology (USDA) is issuing this interim rule in weighing of olives but will suspend the
and meet the industry’s future needs. conformance with Executive Orders requirement that olives be size-graded
DATES: Effective July 19, 2016; 12866, 13563, and 13175. upon receipt.
comments received by September 16, This rule has been reviewed under By relaxing the sizing requirement,
2016 will be considered prior to Executive Order 12988, Civil Justice handlers will be able to voluntarily size
issuance of a final rule. Reform. This rule is not intended to olives to make accurate payments to
ADDRESSES: Interested persons are have retroactive effect. their producers on their total deliveries,
asabaliauskas on DSK3SPTVN1PROD with RULES
invited to submit written comments The Act provides that administrative ensure that the olives they place into
concerning this rule. Comments must be proceedings must be exhausted before their storage tanks are uniform in size
sent to the Docket Clerk, Marketing parties may file suit in court. Under for efficient processing, and utilize any
Order and Agreement Division, section 608c(15)(A) of the Act, any olive size for limited-use styles.
Specialty Crops Program, AMS, USDA, handler subject to an order may file Even though there will be no
1400 Independence Avenue SW., STOP with USDA a petition stating that the incoming size requirements, handlers
0237, Washington, DC 20250–0237; Fax: order, any provision of the order, or any will continue to be bound by mandatory
(202) 720–8938; or Internet: http:// obligation imposed in connection with inspection and certification of outgoing
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![Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations 46569
the rules and regulations in § 932.151 and all interested persons were invited rule provides a 30-day comment period.
allowing for the continued certification to attend the meeting and encouraged to Any comments received will be
of olives by weight and replaces participate in Committee deliberations. considered prior to finalization of this
references to the inspection service with Like all Committee and subcommittee rule.
the Committee. In addition, minor meetings, the January 25, 2016, and
List of Subjects in 7 CFR Part 932
modifications are being made to the February 17, 2016, meetings were public
COC 3 and COC 5 forms. meetings, and all entities, both large and Marketing agreements, Olives,
The suspension and revisions are small, were able to express their views Reporting and recordkeeping
intended to allow the Committee time to on this issue. requirements.
develop new requirements that address Also, the Committee has a number of For the reasons set forth in the
advancing technology and equipment; appointed subcommittees that review preamble, 7 CFR part 932 is amended as
help reduce handling costs, keeping the specific issues and make follows:
California industry competitive with recommendations to the Committee.
other olive-processing countries; and The Committee’s Inspection PART 932—OLIVES GROWN IN
increase handler efficiency. Subcommittee met on February 17, CALIFORNIA
In accordance with the Paperwork 2016, prior to the full Committee ■ 1. The authority citation for 7 CFR
Reduction Act of 1995 (44 U.S.C. meeting on that same day, and part 932 continues to read as follows:
Chapter 35), the order’s information discussed this issue in detail. That
collection requirements are approved by meeting was the result of a special Authority: 7 U.S.C. 601–674.
the Office of Management and Budget working group meeting on January 25, § 932.51 [Amended]
(OMB) under OMB No. 0581–0178 2016. The working group was tasked
(Generic Vegetables and Specialty with reviewing the inspection protocol ■ 2. In § 932.51, suspend indefinitely
Crops). Minor changes to those and related issues, and reporting their paragraphs (a)(1)(ii) through (a)(5).
requirements are necessary as a result of findings and recommendations to the ■ 3. Amend § 932.151 by revising
this action. Inspection Subcommittee. All three paragraphs (a), (b), (c), (d), (e)(1), (2),
AMS has submitted a request to the meetings were public meetings, and and (4), and (f)(1) to read as follows:
Office of Management and Budget both large and small entities were § 932.151 Incoming regulations.
(OMB) to make minor changes to forms encouraged to participate and express
COC–3c and COC–5. The four changes (a) Inspection stations. Natural
their views. Finally, interested persons condition olives shall be weighed only
to form COC–3c include removing the are invited to submit comments on this
block entitled ‘‘Cert No.’’; deleting the at inspection stations which shall be a
interim rule, including the regulatory plant of a handler or other place having
words ‘‘inspection certificate’’ from the and informational impacts of this action
block entitled ‘‘California Olive facilities for weighing such olives:
on small businesses. Provided, That such location and
Committee’’; deleting the statement A small business guide on complying
‘‘This lot was weighed, sampled, and facilities are satisfactory to the
with fruit, vegetable, and specialty crop
size graded under the direct supervision committee: Provided further, That upon
marketing agreements and orders may
of the Federal-State Inspection prior application to, and approval by,
be viewed at: http://www.ams.usda.gov/
Program’’ and deleting the signature and the committee, a handler may receive
rules-regulations/moa/small-businesses.
date lines associated with that olives at an inspection station other
Any questions about the compliance
statement; and lastly, removing the than the one where the lot was weighed.
guide should be sent to Antoinette (b) Lot identification. (1) Immediately
words ‘‘OFFICIAL INSPECTION Carter at the previously mentioned upon receipt of each lot of natural
CERTIFICATE’’ and adding the words address in the FOR FURTHER INFORMATION condition olives, the handler shall
‘‘Handler Use Only’’. CONTACT section.
complete Form COC 3A or 3C, weight
The changes to form COC–5 include This rule invites comments on the
and grade report or such other lot
changing the words ‘‘(5) REQUEST FOR suspension and revision of incoming
identification form as may be approved
INSPECTION’’ to ‘‘(5) DISPOSITION’’ size-grade requirements under the
by the committee, which shall contain
and removing the words ‘‘(7) California olive marketing order. Any
at least the following:
INSPECTION CERTIFICATION: The comments received will be considered (i) Lot number;
olives inspected conform to the prior to the finalization of this rule. (ii) Date;
information listed above’’ and deleting After consideration of all relevant (iii) Variety; and
the space for the inspector’s signature material presented, including the (iv) Number and type containers.
and the date. Additionally, changes to Committee’s recommendation, and (2) The handler shall maintain
the form’s instructions include other information, it is found that this identity of such lot of olives with its
removing the words ‘‘to be inspected’’ interim rule, as hereinafter set forth, corresponding lot weight and grade
from the GENERAL instruction, and will tend to effectuate the declared report.
deleting the instruction for ITEM (7). policy of the Act. (c) Weighing. Each lot of natural
AMS is committed to complying with Pursuant to 5 U.S.C. 553, it is also condition olives shall be separately
the E-Government Act, to promote the found and determined upon good cause weighed to determine the net weight of
use of the internet and other that it is impracticable, unnecessary, olives.
information technologies to provide and contrary to the public interest to (d) Handler incoming responsibility—
increased opportunities for citizen give preliminary notice prior to putting (1) General. The handler is responsible
asabaliauskas on DSK3SPTVN1PROD with RULES
access to Government information and this rule into effect and that good cause for the proper performance of all actions
services, and for other purposes. exists for not postponing the effective connected with the identification of lots
In addition, USDA has not identified date of this rule until 60 days after of olives, the weighing of boxes or bins,
any relevant Federal rules that publication in the Federal Register the taking of samples, and the
duplicate, overlap or conflict with this because: the Committee unanimously furnishing of necessary personnel for
rule. Furthermore, the Committee’s recommended these changes at a public the carrying out of such actions.
meeting was widely publicized meeting; this is a relaxation of the (2) Certification. (i) For each lot of
throughout the California olive industry, marketing order requirements; and this olives that are weighed, the handler
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![46570 Federal Register / Vol. 81, No. 137 / Monday, July 18, 2016 / Rules and Regulations
shall complete Form COC–3A or 3C, process any lot of natural condition will improve compliance with the
weight and grade report, which shall olives for use in the production of Humane Methods of Slaughter Act of
contain at least the following: packaged olives which has not first been 1978 (HMSA) and the humane slaughter
(A) Name of handler; weighed as an individual lot as required implementing regulations. The
(B) Name of producer; by § 932.51(a)(1)(i) but was combined amendments will also improve the
(C) County of production; with any other lot or lots of natural Agency’s inspection efficiency by
(D) Applicable lot number; condition olives, only if: eliminating the time that FSIS
(E) Weight certificate number; (i) All the olives in the combined lot inspectors spend re-inspecting non-
(F) Net weight; are delivered to the handler in the same ambulatory disabled veal calves.
(G) Number and type of containers; day; DATES: Effective Date: September 16,
(H) Date received; (ii) The total net weight of the olives 2016.
(I) Time received; and delivered to the handler by any person
in such day does not exceed 500 FOR FURTHER INFORMATION CONTACT:
(J) Weight of sample.
(ii) The completed Form COC–3A or pounds; Daniel L. Engeljohn, Ph. D., Assistant
3C shall be furnished to the committee, (iii) Each such person had authorized Administrator, Office of Policy and
which shall certify thereon that the lot combination of his lot with other lots; Program Development, Food Safety and
was weighed as required by § 932.51 if and Inspection Service, U.S. Department of
in accordance with the facts. (iv) The combined lot of the natural Agriculture, 1400 Independence Avenue
(e) Disposition of noncanning olives— condition olives is weighed as required SW., Washington, DC 20250–3700;
(1)(i) Notification and inspection of by § 932.51(a)(1)(i) prior to processing Telephone (202) 205–0495; Fax (202)
noncanning olives. Prior to disposition the olives. 720–2025.
of noncanning olives the handler shall * * * * * SUPPLEMENTARY INFORMATION:
complete Form COC–5, report of limited Dated: July 11, 2016. Background
and undersize and cull olives inspection Elanor Starmer,
and disposition, which shall contain the Under 9 CFR 309.3(e), non-
Administrator, Agricultural Marketing ambulatory disabled cattle that are
following: Service.
(A) Type and number of containers; offered for slaughter, including those
[FR Doc. 2016–16704 Filed 7–15–16; 8:45 am] that have become non-ambulatory
(B) Type of olives (undersize or culls);
(C) Net weight;
BILLING CODE 3410–02–P disabled after passing ante-mortem
(D) Variety; inspection, must be condemned and
(E) Outlet (green olives, olive oil, etc.); disposed of properly. However, under 9
DEPARTMENT OF AGRICULTURE CFR 309.13(b), non-ambulatory disabled
and
(F) Consignee. veal calves that are able to rise from a
Food Safety and Inspection Service
(ii) Before disposition of such olives, recumbent position and walk after they
the completed Form COC–5 shall be have been set aside and warmed or
9 CFR Part 309
furnished to the committee. rested, and that are found to be
(2) Control and surveillance. [Docket No. FSIS–2014–0020] otherwise free from disease, may be
Noncanning olives that have been RIN 0583–AD54 slaughtered for human consumption
reported on Form COC–5 shall, unless under appropriate FSIS supervision.
such olives are disposed of immediately Requirements for the Disposition of On May 13, 2015, FSIS published the
after receipt, be identified by fixing to Non-Ambulatory Disabled Veal Calves proposed rule ‘‘Requirements for the
each bin or pallet of boxes a COC Disposition of Non-Ambulatory
AGENCY: Food Safety and Inspection Disabled Veal Calves’’ (80 FR 27269).
control card which may be obtained Service, USDA.
from the committee. Such olives shall FSIS proposed to amend 9 CFR
ACTION: Final rule. 309.13(b) to remove the set-aside
be kept separate and apart from other
olives in the handler’s possession and provision. FSIS also proposed to amend
SUMMARY: The Food Safety and
shall be disposed of only in the outlet 9 CFR 309.3(e) to require all condemned
Inspection Service (FSIS) is amending
shown on Form COC–5. cattle to be promptly disposed of in
its regulations on ante-mortem
accordance with 9 CFR 309.13. Under
* * * * * inspection to remove a provision that
the proposed rule, all non-ambulatory
(4) Olives not subject to incoming permits establishments to set apart and
disabled cattle would be condemned
regulation requirements. Except as hold for treatment veal calves that are
and promptly euthanized.
otherwise prescribed in § 932.51(b), any unable to rise from a recumbent position
As FSIS explained in the proposed
lot of olives to be used solely in the and walk because they are tired or cold.
rule, in November 2009, the Humane
production of green olives or canned FSIS is also amending its regulations to
Society of the United States (HSUS)
ripe olives of the ‘‘tree ripened’’ type require all non-ambulatory disabled
filed a petition requesting that FSIS
shall not be subject to incoming cattle to be promptly disposed of after
amend 9 CFR 309.13(b) to remove the
regulation: Provided, That the they have been condemned. In addition,
provision that allows veal calves that
applicable requirements of § 932.51(b) after review and consideration of
are non-ambulatory disabled because
are met and the handler notifies the comments to the proposed rule, FSIS is
they are tired or cold to be set aside for
committee, in writing, that such lot is to amending the regulations by removing a
treatment and re-inspected at a later
asabaliauskas on DSK3SPTVN1PROD with RULES
be so used. Notice may be given by provision that requires ante-mortem
time (the set-aside provision).1 The
writing on the weight certificate ‘‘Lot to inspection to be conducted in pens.
petition stated that the set-aside
be used solely for use in the production This final rule makes clear that FSIS
provision is inconsistent with the
of green olives or tree ripened olives’’ inspectors have the authority to conduct
and a copy of such weight certificate ante-mortem inspection and condemn 1 The petition is available on the FSIS Web site
given to the committee. non-ambulatory disabled veal calves the at http://www.fsis.usda.gov/wps/wcm/connect/
(f) Partially exempted lots. (1) moment they arrive on the premises of 9ddd8b7c-983f-4cb1-83e8-9e545e9345d0/Petition_
Pursuant to § 932.55, any handler may the establishment. These amendments HSUS_Humane_Handling.pdf?MOD=AJPERES.
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Document Created: 2016-07-16 02:28:24
Document Modified: 2016-07-16 02:28:24
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim rule with request for comments. | |
| Dates | Effective July 19, 2016; comments received by September 16, 2016 will be considered prior to issuance of a final rule. | |
| Contact | Peter Sommers, Marketing Specialist, or Jeffrey Smutny, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (559) 487-5901, Fax: (559) 487-5906; or Email: [email protected] or [email protected] | |
| FR Citation | 81 FR 46567 | |
| CFR Associated | Marketing Agreements; Olives and Reporting and Recordkeeping Requirements |
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