81_FR_85334 81 FR 85107 - Olives Grown in California; Suspension and Revision of Incoming Size-Grade Requirements

81 FR 85107 - Olives Grown in California; Suspension and Revision of Incoming Size-Grade Requirements

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 227 (November 25, 2016)

Page Range85107-85108
FR Document2016-28254

The Department of Agriculture (USDA) is adopting, as a final rule, without change, an interim rule that suspended the incoming size- grade authority under the California olive marketing order, which regulates the handling of olives in California. The rule, which was recommended by the California Olive Committee (Committee), also made conforming changes to the corresponding size-grade requirements in the order's rules and regulations and two Committee forms. The Committee locally administers the order and is comprised of producers and handlers of olives operating within the area of production. The interim rule suspended the incoming size-grade authority of the marketing order and revised the corresponding size-grade requirements in the order's rules and regulations. The change is expected to benefit handlers because the current size-grading requirements hinder handler operations and flexibility, increase costs, and diminish their competitiveness.

Federal Register, Volume 81 Issue 227 (Friday, November 25, 2016) 
[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85107-85108]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-28254]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 932

[Doc. No. AMS-SC-16-0031; SC16-932-1 FIR]


Olives Grown in California; Suspension and Revision of Incoming 
Size-Grade Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that suspended the incoming size-
grade authority under the California olive marketing order, which 
regulates the handling of olives in California. The rule, which was 
recommended by the California Olive Committee (Committee), also made 
conforming changes to the corresponding size-grade requirements in the 
order's rules and regulations and two Committee forms. The Committee 
locally administers the order and is comprised of producers and 
handlers of olives operating within the area of production. The interim 
rule suspended the incoming size-grade authority of the marketing order 
and revised the corresponding size-grade requirements in the order's 
rules and regulations. The change is expected to benefit handlers 
because the current size-grading requirements hinder handler operations 
and flexibility, increase costs, and diminish their competitiveness.

DATES: Effective November 28, 2016.

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 obtain information on complying with this and 
other marketing order and agreement regulations by viewing a guide at 
the following Web site: http://www.ams.usda.gov/rules-regulations/moa/small-businesses; or by contacting Richard Lower, Marketing Order and 
Agreement Division, Specialty Crops Program, AMS, USDA, 1400 
Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; 
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Marketing Order No. 932, both as amended (7 CFR part 
905), 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 rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    Prior to this change, the size requirements were based on count 
ranges, mid-points and average counts per pound, while new technology 
sizes olives using mass and volume. Thus, the size-grading requirements 
and the more advanced sizing technology available now are incompatible 
and hinder handler operations and flexibility, increase costs, and 
diminish handler competitiveness. Suspending the incoming size-grading 
requirements will provide an opportunity for the industry to develop 
new requirements applicable both to currently-available technology and 
future needs.
    In an interim rule published in the Federal Register on July 18, 
2016, and effective on July 19, 2016, (81 FR 46567, Doc. No. AMS-SC-16-
0031, SC16-932-1 IR), paragraphs (a)(1)(ii) through (a)(5) in Sec.  
932.51 were suspended indefinitely. In addition, the rule revised 
language in Sec.  932.151, bringing that section into conformity with 
the intent of the rule, and necessitated minor conforming changes to 
two Committee forms, the Weight & Grade Report (COC-3c) and Report of 
Limited and Undersize and Cull Olives Inspection and Disposition (COC-
5).

Final 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 action on small entities. 
Accordingly, AMS has prepared this final regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business 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.

[[Page 85108]]

    There are two California olive handlers subject to regulation under 
the marketing order and about 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 
whose annual receipts are 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 rule continues in effect the suspension of the incoming size-
grading regulations in Sec.  932.51, beginning with the 2016-17 crop 
year. It also continues in effect the revision of regulations in Sec.  
932.151, bringing the rules and regulations into conformity with the 
rule and its intent. In addition, the rule continues in effect 
conforming changes made to the Committee forms, COC-3c and COC-5.
    This action is expected to result in increased handler flexibility 
and competitiveness, while reducing some of the costs associated with 
size-grading. In addition, this action will allow the Committee time to 
develop new requirements that address advancing technology and 
equipment.
    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. Minor conforming changes to those 
requirements were necessary as a result of this action. AMS submitted a 
request to OMB to make minor conforming changes to forms COC-3c and 
COC-5.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large 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. In addition, USDA has not identified any 
relevant Federal rules that duplicate, overlap or conflict with this 
rule.
    Further, the Committee's meeting was widely publicized throughout 
the California olive industry and all interested persons were invited 
to attend the meeting and participate in Committee deliberations. Like 
all Committee meetings, the February 17, 2016, meeting was a public 
meeting and all entities, both large and small, were able to express 
their views on this issue.
    Comments on the interim rule were required to be received on or 
before September 16, 2016. No comments were received. Therefore, for 
the reasons given in the interim rule, we are adopting the interim rule 
as a final rule, without change.
    To view the interim rule, go to: https://www.thefederalregister.org/fdsys/pkg/FR-2016-07-18/pdf/2016-16704.pdf.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13175, and 13563; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (81 FR 46567, July 18, 2016) will tend to effectuate 
the declared policy of the Act.

List of Subjects in 7 CFR Part 932

    Marketing agreements, Olives, Reporting and recordkeeping 
requirements.


0
Accordingly, the interim rule that amended 7 CFR part 932 and that was 
published at 81 FR 46567 on July 18, 2016, is adopted as a final rule, 
without change.

    Dated: November 18, 2016.
Bruce Summers,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-28254 Filed 11-23-16; 8:45 am]
 BILLING CODE 3410-02-P

Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations 85107 permitting access and amendment to such DEPARTMENT OF AGRICULTURE 720–8938, or Email: Richard.Lower@ information could disclose classified and ams.usda.gov. other security-sensitive information that Agricultural Marketing Service could be detrimental to homeland security. SUPPLEMENTARY INFORMATION: This rule (c) From subsection (e)(1) (Relevancy and is issued under Marketing Agreement 7 CFR Part 932 Necessity of Information) because in the and Marketing Order No. 932, both as course of investigations into potential [Doc. No. AMS–SC–16–0031; SC16–932–1 amended (7 CFR part 905), regulating violations of federal law, the accuracy of FIR] the handling of olives grown in information obtained or introduced California, hereinafter referred to as the occasionally may be unclear, or the Olives Grown in California; information may not be strictly relevant or ‘‘order.’’ The order is effective under the Suspension and Revision of Incoming Agricultural Marketing Agreement Act necessary to a specific investigation. In the Size-Grade Requirements interests of effective law enforcement, it is of 1937, as amended (7 U.S.C. 601–674), appropriate to retain all information that may AGENCY: Agricultural Marketing Service, hereinafter referred to as the ‘‘Act.’’ aid in establishing patterns of unlawful USDA. The Department of Agriculture activity. (USDA) is issuing this rule in (d) From subsection (e)(2) (Collection of ACTION: Affirmation of interim rule as conformance with Executive Orders Information from Individuals) because final rule. 12866, 13563, and 13175. requiring that information be collected from SUMMARY: The Department of Prior to this change, the size the subject of an investigation would alert the subject to the nature or existence of the Agriculture (USDA) is adopting, as a requirements were based on count investigation, thereby interfering with that final rule, without change, an interim ranges, mid-points and average counts investigation and related law enforcement rule that suspended the incoming size- per pound, while new technology sizes activities. grade authority under the California olives using mass and volume. Thus, the (e) From subsection (e)(3) (Notice to olive marketing order, which regulates size-grading requirements and the more Subjects) because providing such detailed advanced sizing technology available information could impede law enforcement the handling of olives in California. The rule, which was recommended by the now are incompatible and hinder by compromising the existence of a California Olive Committee handler operations and flexibility, confidential investigation or reveal the identity of witnesses or confidential (Committee), also made conforming increase costs, and diminish handler informants. changes to the corresponding size-grade competitiveness. Suspending the (f) From subsections (e)(4)(G), (e)(4)(H), requirements in the order’s rules and incoming size-grading requirements will and (e)(4)(I) (Agency Requirements) and (f) regulations and two Committee forms. provide an opportunity for the industry (Agency Rules), because portions of this The Committee locally administers the to develop new requirements applicable system are exempt from the individual access both to currently-available technology provisions of subsection (d) for the reasons order and is comprised of producers and handlers of olives operating within the and future needs. noted above, and therefore DHS is not In an interim rule published in the required to establish requirements, rules, or area of production. The interim rule procedures with respect to such access. suspended the incoming size-grade Federal Register on July 18, 2016, and Providing notice to individuals with respect authority of the marketing order and effective on July 19, 2016, (81 FR 46567, to existence of records pertaining to them in revised the corresponding size-grade Doc. No. AMS–SC–16–0031, SC16–932– the system of records or otherwise requirements in the order’s rules and 1 IR), paragraphs (a)(1)(ii) through (a)(5) establishing procedures pursuant to which regulations. The change is expected to in § 932.51 were suspended indefinitely. individuals may access and view records In addition, the rule revised language in pertaining to themselves in the system would benefit handlers because the current size-grading requirements hinder § 932.151, bringing that section into undermine investigative efforts and reveal conformity with the intent of the rule, the identities of witnesses, potential handler operations and flexibility, witnesses, and confidential informants. increase costs, and diminish their and necessitated minor conforming (g) From subsection (e)(5) (Collection of competitiveness. changes to two Committee forms, the Information) because with the collection of Weight & Grade Report (COC–3c) and information for law enforcement purposes, it DATES: Effective November 28, 2016. Report of Limited and Undersize and is impossible to determine in advance what FOR FURTHER INFORMATION CONTACT: Cull Olives Inspection and Disposition information is accurate, relevant, timely, and Peter Sommers, Marketing Specialist, or (COC–5). complete. Compliance with subsection (e)(5) Jeffrey Smutny, Regional Director, would preclude DHS agents from using their California Marketing Field Office, Final Regulatory Flexibility Analysis investigative training and exercise of good Marketing Order and Agreement Pursuant to requirements set forth in judgment to both conduct and report on Division, Specialty Crops Program, the Regulatory Flexibility Act (RFA) (5 investigations. (h) From subsection (e)(8) (Notice on AMS, USDA; Telephone: (559) 487– U.S.C. 601–612), the Agricultural Individuals) because compliance would 5901, Fax: (559) 487–5906, or Email: Marketing Service (AMS) has interfere with DHS’s ability to obtain, serve, PeterR.Sommers@ams.usda.gov or considered the economic impact of this and issue subpoenas, warrants, and other law Jeffrey.Smutny@ams.usda.gov. action on small entities. Accordingly, enforcement mechanisms that may be filed Small businesses may obtain AMS has prepared this final regulatory under seal and could result in disclosure of information on complying with this and flexibility analysis. investigative techniques, procedures, and other marketing order and agreement The purpose of the RFA is to fit evidence. regulations by viewing a guide at the regulatory actions to the scale of (i) From subsection (g)(1) (Civil Remedies) following Web site: http:// business subject to such actions in order to the extent that the system is exempt from other specific subsections of the Privacy Act. www.ams.usda.gov/rules-regulations/ that small businesses will not be unduly moa/small-businesses; or by contacting or disproportionately burdened. ehiers on DSK5VPTVN1PROD with RULES Dated: November 17, 2016. Richard Lower, Marketing Order and Marketing orders issued pursuant to the Jonathan Cantor, Agreement Division, Specialty Crops Act, and the rules issued thereunder, are Acting Chief Privacy Officer, Department of Program, AMS, USDA, 1400 unique in that they are brought about Homeland Security. Independence Avenue SW., STOP 0237, through group action of essentially [FR Doc. 2016–28289 Filed 11–23–16; 8:45 am] Washington, DC 20250–0237; small entities acting on their own BILLING CODE 9111–28–P Telephone: (202) 720–2491, Fax: (202) behalf. VerDate Sep<11>2014 14:00 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1

85108 Federal Register / Vol. 81, No. 227 / Friday, November 25, 2016 / Rules and Regulations There are two California olive duplication by industry and public DEPARTMENT OF AGRICULTURE handlers subject to regulation under the sector agencies. In addition, USDA has marketing order and about 1,000 olive not identified any relevant Federal rules Agricultural Marketing Service producers in the production area. Small that duplicate, overlap or conflict with agricultural service firms are defined by this rule. 7 CFR Part 948 the Small Business Administration [Doc. No. AMS–SC–16–0042; SC16–948–1 Further, the Committee’s meeting was (SBA) as those having annual receipts of FR] less than $7,500,000, and small widely publicized throughout the agricultural producers are defined as California olive industry and all Irish Potatoes Grown in Colorado; those whose annual receipts are less interested persons were invited to Modification of the Handling than $750,000 (13 CFR 121.201). Based attend the meeting and participate in Regulation for Area No. 2 upon information from the Committee Committee deliberations. Like all and the National Agricultural Statistics Committee meetings, the February 17, AGENCY: Agricultural Marketing Service, Service (NASS), the average producer 2016, meeting was a public meeting and USDA. price for the 2013–14 crop year (the last all entities, both large and small, were ACTION: Final rule. year information was available) was able to express their views on this issue. SUMMARY: This rule implements a $1,150 per ton of canning-size olives Comments on the interim rule were recommendation from the Colorado and $385 per ton for limited-use size required to be received on or before Potato Administrative Committee, Area olives. The total assessable volume was September 16, 2016. No comments were No. 2 (Committee) to revise the grade 85,668 tons. Canning sizes represented requirement currently prescribed for received. Therefore, for the reasons 88 percent of the assessable olive 11⁄2-inch minimum to 21⁄4-inch given in the interim rule, we are volume, while limited-use sizes maximum diameter (Size B) potatoes represented 12 percent of the assessable adopting the interim rule as a final rule, without change. under the Colorado potato marketing olive volume. Based on production, order (order). The Committee locally producer prices, and the total number of To view the interim rule, go to: administers the order and is comprised California olive producers, the average https://www.gpo.gov/fdsys/pkg/FR- of producers and handlers of potatoes annual producer revenue is less than 2016-07-18/pdf/2016-16704.pdf. operating within the area of production. $750,000. Thus, the majority of olive This action also affirms information This rule relaxes the current minimum producers may be classified as small contained in the interim rule concerning grade requirement for Size B red entities. Both of the handlers may be potatoes from U.S. Commercial grade or Executive Orders 12866, 12988, 13175, classified as large entities. better to U.S. No. 2 grade or better. This rule continues in effect the and 13563; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E- Relaxing this grade requirement will suspension of the incoming size-grading allow area handlers to supply new regulations in § 932.51, beginning with Gov Act (44 U.S.C. 101). markets with U.S. No. 2 grade Size B red the 2016–17 crop year. It also continues After consideration of all relevant potatoes and is expected to benefit in effect the revision of regulations in material presented, it is found that producers, handlers, and consumers. § 932.151, bringing the rules and finalizing the interim rule, without DATES: Effective November 28, 2016. regulations into conformity with the change, as published in the Federal rule and its intent. In addition, the rule FOR FURTHER INFORMATION CONTACT: Sue Register (81 FR 46567, July 18, 2016) Coleman, Marketing Specialist, or Gary continues in effect conforming changes will tend to effectuate the declared made to the Committee forms, COC–3c D. Olson, Regional Director, Northwest policy of the Act. Marketing Field Office, Marketing Order and COC–5. This action is expected to result in List of Subjects in 7 CFR Part 932 and Agreement Division, Specialty increased handler flexibility and Crops Program, AMS, USDA; competitiveness, while reducing some Marketing agreements, Olives, Telephone: (503) 326–2724, Fax: (503) of the costs associated with size-grading. Reporting and recordkeeping 326–7440, or Email: Sue.Coleman@ In addition, this action will allow the requirements. ams.usda.gov or GaryD.Olson@ Committee time to develop new ams.usda.gov. requirements that address advancing ■ Accordingly, the interim rule that Small businesses may request technology and equipment. amended 7 CFR part 932 and that was information on complying with this In accordance with the Paperwork published at 81 FR 46567 on July 18, regulation by contacting Richard Lower, Reduction Act of 1995 (44 U.S.C. 2016, is adopted as a final rule, without Marketing Order and Agreement Chapter 35), the order’s information change. Division, Specialty Crops Program, collection requirements have been Dated: November 18, 2016. AMS, USDA, 1400 Independence previously approved by the Office of Avenue SW., STOP 0237, Washington, Bruce Summers, DC 20250–0237; Telephone: (202) 720– Management and Budget (OMB) and assigned OMB No. 0581–0178. Minor Associate Administrator, Agricultural 2491, Fax: (202) 720–8938, or Email: Marketing Service. Richard.Lower@ams.usda.gov. conforming changes to those [FR Doc. 2016–28254 Filed 11–23–16; 8:45 am] SUPPLEMENTARY INFORMATION: This final requirements were necessary as a result of this action. AMS submitted a request BILLING CODE 3410–02–P rule is issued under Marketing to OMB to make minor conforming Agreement No. 97 and Marketing Order changes to forms COC–3c and COC–5. No. 948, both as amended (7 CFR part This rule will not impose any 948), regulating the handling of Irish ehiers on DSK5VPTVN1PROD with RULES additional reporting or recordkeeping potatoes grown in Colorado, hereinafter requirements on either small or large referred to as the ‘‘order.’’ The order is olive handlers. As with all Federal effective under the Agricultural marketing order programs, reports and Marketing Agreement Act of 1937, as forms are periodically reviewed to amended (7 U.S.C. 601–674), hereinafter reduce information requirements and referred to as the ‘‘Act.’’ VerDate Sep<11>2014 14:00 Nov 23, 2016 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\25NOR1.SGM 25NOR1


Document Created: 2016-11-23 23:17:55
Document Modified: 2016-11-23 23:17:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionAffirmation of interim rule as final rule.
DatesEffective November 28, 2016.
ContactPeter 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 Citation81 FR 85107 
CFR AssociatedMarketing Agreements; Olives and Reporting and Recordkeeping Requirements
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