83 FR 57691 - Olives Grown in California; Establish Procedures To Meet Via Electronic Communications
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 222 (November 16, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 222 (November 16, 2018)
| Page Range | 57691-57693 | |
| FR Document | 2018-25006 |
[Federal Register Volume 83, Number 222 (Friday, November 16, 2018)] [Proposed Rules] [Pages 57691-57693] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25006] ======================================================================== 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. 83, No. 222 / Friday, November 16, 2018 / Proposed Rules [[Page 57691]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Doc. No. AMS-SC-18-0061; SC18-932-1 PR] Olives Grown in California; Establish Procedures To Meet Via Electronic Communications AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule invites comments on a recommendation made by the California Olive Committee (Committee) to establish procedures to conduct meetings and voting using electronic means of communication. DATES: Comments must be received by December 17, 2018. 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, 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. 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 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: Peter Sommers, Marketing Specialist, or Terry Vawter, Senior Marketing Specialist, 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 Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]. SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes to amend regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposed rule is issued under Marketing Agreement and Order No. 932, as amended (7 CFR part 932), regulating the handling of olives grown in California. Part 932 (referred to as the ``Order'') is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act.'' The California Olive Committee (Committee) locally administers the Order and is comprised of producers and handlers of olives operating within the area of production. The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 13563 and 13175. This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this proposed rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This proposed 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. 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. On May 17, 2018 (83 FR 22831), the Agricultural Marketing Service published a final rule amending 7 CFR part 900, the general regulations for federal fruit, vegetable, and specialty crop marketing agreements and orders, to authorize the use of electronic means of communication for meetings and voting. During a meeting on June 13, 2018, the Committee unanimously recommended adoption of modern communication methods to conduct Committee meetings, as outlined in the Federal Register volume referenced above. On August 17, 2018, the Committee unanimously approved the recommended procedures for the use of communication technology. This proposed rule would establish those procedures in a new section Sec. 932.136, Use of communication technology in Subpart B--Administrative Requirements. The Order currently states that the Committee may only meet in assembled, in-person, meetings and that voting may only be conducted at meetings or via mail or telegraph. Such limitations present logistical problems for many Committee members since membership is widely distributed across California. Some members travel over 400 miles to attend a Committee meeting, thus resulting in lost work hours for the members and increased costs for the Committee. Allowing the Committee to conduct meetings via electronic means of communication would likely result in increased member participation and productivity at a reduced cost, as well as greater potential for meeting quorum and voting requirements. The Committee recommended that audio or audiovisual technology (AVT) [[Page 57692]] that facilitates open communication and effectively assembles Committee members be used to conduct meetings by AVT or partial in-person meetings (meaning some members not present participate in an in-person meeting via technology). These meetings would be subject to the same quorum and voting requirements currently in effect for in-person meetings under Sec. 932.36. These requirements define a quorum as a majority of the 16-member Committee, of which at least half are producer members and half are handler members. Voting requirements state that a passing recommendation must receive a majority vote, with at least half of the voting members representing producers and half representing handlers. For recommendations regarding grade and size, a minimum of ten votes representing five producer and five handler members are necessary for approval. The requirements further state that issues to be voted on shall be explained accurately and fully, and that all votes cast will be confirmed through a roll call. Regarding casting votes electronically or by email, the Committee proposed that such votes be subject to the same requirements currently in effect for mail voting in Sec. 932.36. These requirements state that advanced notice, as well as an accurate, full and identical description of the issues to be voted on, be given to all members. For a recommendation to pass, at least 14 affirmative votes representing seven producer and seven handler members are required. The Committee recommended these changes to provide an opportunity to conduct meetings more efficiently and cost-effectively; use of audio and or audiovisual communication technology would result in time and cost savings to the Committee and its members by allowing for meetings to be conducted with all or a portion of its membership attending by audio and or AVT. 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 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 approximately 1,100 producers of olives in the production area and two handlers subject to regulation under the Order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201). Based on National Agricultural Statistics Service (NASS) information, the average price to producers for the 2017 crop year was $974.00 per ton, and total assessable volume for the 2017 crop year was 83,799 tons. Based on production, price paid to producers, and the total number of California olive producers, the average annual producer revenue is less than $750,000 ($974.00 times 83,799 tons equals $81,620,226, divided by 1,100 producers equals an average annual producer revenue of $74,200). Based on Committee data, both handlers may be classified as large entities under the SBA's definitions because their annual receipts are greater than $7,500,000. This proposed rule would not impose additional costs on handlers or producers of any size. Committee members are expected to see a reduction in their travel expenses and time lost from work in order to attend Committee meetings in person. Thus, this proposed rule would reduce the cost burden on both handlers and producers. The Committee considered the alternative of making no changes to the regulations. However, it was determined that by taking no action, the Committee would be unnecessarily limiting the participation of some members due to time constraints and travel considerations. Therefore, the Committee determined that recommending this change was in the best interest of the Committee, its members, and the industry. Like all Committee meetings, the June 13, 2018, meeting was public and was widely publicized throughout the production area. All entities, both large and small, were able to express their views on this issue and participate in Committee deliberations. Following the meeting, ballots along with the proposed procedures were sent to all Committee members on July 31, 2018, and the mail vote concluded on August 17, 2018. The proposal received unanimous support. Interested persons are invited to submit comments on this proposed rule, including the regulatory and information collection impacts of this action on small businesses. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0178 Vegetable Crops. No changes in those requirements would be necessary as a result of this action. 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/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. A 30-day comment period is provided to allow interested persons to respond to this proposed rule. All written comments timely received will be considered before a final determination is made on this matter. 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 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. Add Sec. 932.136 to subpart B to read as follows: [[Page 57693]] Sec. 932.136 Use of communication technology. The Committee may conduct meetings by any means of audio and/or audiovisual communication technology available that effectively assembles members and alternates, and facilitates open communication; Provided, That, quorum and voting requirements specified in Sec. 932.36 for physically assembled meetings shall apply. The Committee may also vote electonically; Provided, That, such voting shall be subject to the same requirements specified for mail voting in Sec. 932.36. Dated: November 9, 2018. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2018-25006 Filed 11-15-18; 8:45 am] BILLING CODE 3410-02-P
![57691
Proposed Rules Federal Register
Vol. 83, No. 222
Friday, November 16, 2018
This section of the FEDERAL REGISTER Division, Specialty Crops Program, obligation imposed in connection with
contains notices to the public of the proposed AMS, USDA; Telephone: (559) 487– the order is not in accordance with law
issuance of rules and regulations. The 5901, Fax: (559) 487–5906, or Email: and request a modification of the order
purpose of these notices is to give interested PeterR.Sommers@usda.gov or or to be exempted therefrom. Such
persons an opportunity to participate in the Terry.Vawter@usda.gov. handler is afforded the opportunity for
rule making prior to the adoption of the final
rules.
Small businesses may request a hearing on the petition. After the
information on complying with this hearing, USDA would rule on the
regulation by contacting Richard Lower, petition. The Act provides that the
DEPARTMENT OF AGRICULTURE Marketing Order and Agreement district court of the United States in any
Division, Specialty Crops Program, district in which the handler is an
Agricultural Marketing Service AMS, USDA, 1400 Independence inhabitant, or has his or her principal
Avenue SW, STOP 0237, Washington, place of business, has jurisdiction to
7 CFR Part 932 DC 20250–0237; Telephone: (202) 720– review USDA’s ruling on the petition,
2491, Fax: (202) 720–8938, or Email: provided an action is filed not later than
[Doc. No. AMS–SC–18–0061; SC18–932–1
PR] Richard.Lower@usda.gov. 20 days after the date of the entry of the
SUPPLEMENTARY INFORMATION: This ruling.
Olives Grown in California; Establish action, pursuant to 5 U.S.C. 553, On May 17, 2018 (83 FR 22831), the
Procedures To Meet Via Electronic proposes to amend regulations issued to Agricultural Marketing Service
Communications carry out a marketing order as defined published a final rule amending 7 CFR
in 7 CFR 900.2(j). This proposed rule is part 900, the general regulations for
AGENCY: Agricultural Marketing Service, issued under Marketing Agreement and federal fruit, vegetable, and specialty
USDA. Order No. 932, as amended (7 CFR part crop marketing agreements and orders,
ACTION: Proposed rule. 932), regulating the handling of olives to authorize the use of electronic means
grown in California. Part 932 (referred to of communication for meetings and
SUMMARY: This proposed rule invites
as the ‘‘Order’’) is effective under the voting.
comments on a recommendation made
Agricultural Marketing Agreement Act During a meeting on June 13, 2018,
by the California Olive Committee
of 1937, as amended (7 U.S.C. 601–674), the Committee unanimously
(Committee) to establish procedures to
hereinafter referred to as the ‘‘Act.’’ The recommended adoption of modern
conduct meetings and voting using
California Olive Committee (Committee) communication methods to conduct
electronic means of communication.
locally administers the Order and is Committee meetings, as outlined in the
DATES: Comments must be received by Federal Register volume referenced
comprised of producers and handlers of
December 17, 2018. olives operating within the area of above. On August 17, 2018, the
ADDRESSES: Interested persons are production. Committee unanimously approved the
invited to submit written comments The Department of Agriculture recommended procedures for the use of
concerning this proposed rule. (USDA) is issuing this proposed rule in communication technology. This
Comments must be sent to the Docket conformance with Executive Orders proposed rule would establish those
Clerk, Marketing Order and Agreement 13563 and 13175. This action falls procedures in a new section § 932.136,
Division, Specialty Crops Program, within a category of regulatory actions Use of communication technology in
AMS, USDA, 1400 Independence that the Office of Management and Subpart B—Administrative
Avenue SW, STOP 0237, Washington, Budget (OMB) exempted from Executive Requirements.
DC 20250–0237; Fax: (202) 720–8938; or Order 12866 review. Additionally, The Order currently states that the
internet: http://www.regulations.gov. because this proposed rule does not Committee may only meet in assembled,
Comments should reference the meet the definition of a significant in-person, meetings and that voting may
document number and the date and regulatory action, it does not trigger the only be conducted at meetings or via
page number of this issue of the Federal requirements contained in Executive mail or telegraph. Such limitations
Register and will be made available for Order 13771. See OMB’s Memorandum present logistical problems for many
public inspection in the Office of the titled ‘‘Interim Guidance Implementing Committee members since membership
Docket Clerk during regular business Section 2 of the Executive Order of is widely distributed across California.
hours, or can be viewed at: http:// January 30, 2017, titled ‘Reducing Some members travel over 400 miles to
www.regulations.gov. All comments Regulation and Controlling Regulatory attend a Committee meeting, thus
submitted in response to this proposed Costs’ ’’ (February 2, 2017). resulting in lost work hours for the
rule will be included in the record and This proposed rule has been reviewed members and increased costs for the
will be made available to the public. under Executive Order 12988, Civil Committee.
Please be advised that the identity of the Justice Reform. This proposed rule is Allowing the Committee to conduct
individuals or entities submitting the
tkelley on DSKBCP9HB2PROD with PROPOSALS
not intended to have retroactive effect. meetings via electronic means of
comments will be made public on the The Act provides that administrative communication would likely result in
internet at the address provided above. proceedings must be exhausted before increased member participation and
FOR FURTHER INFORMATION CONTACT: parties may file suit in court. Under productivity at a reduced cost, as well
Peter Sommers, Marketing Specialist, or section 608c(15)(A) of the Act, any as greater potential for meeting quorum
Terry Vawter, Senior Marketing handler subject to an order may file and voting requirements.
Specialist, California Marketing Field with USDA a petition stating that the The Committee recommended that
Office, Marketing Order and Agreement order, any provision of the order, or any audio or audiovisual technology (AVT)
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![Federal Register / Vol. 83, No. 222 / Friday, November 16, 2018 / Proposed Rules 57693
§ 932.136 Use of communication you must submit such information to military consumers in section 302 of the
technology. the U.S. Small Business Administration, Economic Growth, Regulatory Relief,
The Committee may conduct meetings Attn: Kimberly Chuday or Thomas and Consumer Protection Act, which
by any means of audio and/or Heou, Office of Financial Assistance, amends the Fair Credit Reporting Act
audiovisual communication technology 409 Third Street SW, 8th Floor, (FCRA). That section requires
available that effectively assembles Washington, DC 20416. Highlight the nationwide consumer reporting agencies
members and alternates, and facilitates information that you consider to be CBI to provide a free electronic credit
open communication; Provided, That, and explain why you believe SBA monitoring service to active duty
quorum and voting requirements should hold this information as military consumers, subject to certain
specified in § 932.36 for physically confidential. SBA will review your conditions. The proposed rule defines
assembled meetings shall apply. The information and determine whether it ‘‘electronic credit monitoring service,’’
Committee may also vote electonically; will make the information public. ‘‘contact information,’’ ‘‘material
Provided, That, such voting shall be FOR FURTHER INFORMATION CONTACT: additions or modifications to the file of
subject to the same requirements Robert Carpenter, Acting Chief, 7(a) a consumer,’’ and ‘‘appropriate proof of
specified for mail voting in § 932.36. Policy & Program Branch, U.S. Small identity,’’ among other terms. It also
Dated: November 9, 2018. Business Administration, Office of contains requirements on how
Bruce Summers, Financial Assistance, 409 3rd Street SW, nationwide consumer reporting agencies
Administrator, Agricultural Marketing 8th Floor, Washington, DC 20416; must verify that an individual is an
Service. telephone: (202) 619–1654; email: active duty military consumer.
[FR Doc. 2018–25006 Filed 11–15–18; 8:45 am] robert.carpenter@sba.gov. DATES: Written comments must be
BILLING CODE 3410–02–P
SUPPLEMENTARY INFORMATION: On received on or before January 7, 2019.
September 28, 2018, SBA published a ADDRESSES: Interested parties may file a
notice of proposed rulemaking at 83 FR comment online or on paper by
SMALL BUSINESS ADMINISTRATION 49001 to solicit comments on the following the Request for Comment part
Express loan program, affiliation of the SUPPLEMENTARY INFORMATION
13 CFR Parts 103, 120, and 121 standards, and other miscellaneous section below. Write ‘‘Military Credit
amendments to SBA business loan Monitoring Rulemaking, Matter No.
RIN 3245–AG74 programs. This proposed rulemaking, R811007’’ on your comment and file
which is identified by RIN 3245–AG74, your comment online at https://
Express Loan Programs; Affiliation
is also available at https:// ftcpublic.commentworks.com/ftc/
Standards
www.regulations.gov/ militarycreditmonitoringnprm following
AGENCY: U.S. Small Business searchResults?rpp=25&po=0&s=SBA- the instructions on the web-based form.
Administration. 2018-0009&fp=true&ns=true. If you prefer to file your comment on
ACTION: Proposed rule; extension of SBA received a formal request from paper, mail your comment to the
comment period. several trade associations that represent following address: Federal Trade
participants in SBA’s business loan Commission, Office of the Secretary,
SUMMARY: On September 28, 2018, the programs to extend the comment period 600 Pennsylvania Avenue NW, Suite
U.S. Small Business Administration on this proposed rulemaking for an CC–5610 (Annex B), Washington, DC
(SBA) published a notice of proposed additional 60 days. After considering 20580, or deliver your comment to the
rulemaking in the Federal Register to the request, SBA decided to extend the following address: Federal Trade
solicit public comments on, among comment period an additional 15 Commission, Office of the Secretary,
other things, Express loan programs and business days until December 18, 2018. Constitution Center, 400 7th Street SW,
affiliation standards. This document This extension will give commenters 5th Floor, Suite 5610 (Annex B),
announces the extension of the current additional time to consider the Washington, DC 20024.
comment period for an additional 15 proposed rulemaking and submit FOR FURTHER INFORMATION CONTACT:
business days until December 18, 2018. comments. Amanda Koulousias (202–326–3334),
DATES: The comment period for the Division of Privacy and Identity
Dianna L. Seaborn,
notice of proposed rulemaking Protection, Bureau of Consumer
published on September 28, 2018 (83 FR Director, Office of Financial Assistance.
[FR Doc. 2018–25037 Filed 11–15–18; 8:45 am]
Protection, Federal Trade Commission,
49001) is extended until December 18, 600 Pennsylvania Avenue NW,
2018. BILLING CODE 8025–01–P
Washington, DC 20580.
ADDRESSES: You may submit comments, SUPPLEMENTARY INFORMATION:
identified by RIN 3245–AG74, by any of
the following methods: (1) Federal FEDERAL TRADE COMMISSION I. Background
Rulemaking Portal: http:// The Economic Growth, Regulatory
16 CFR Part 609
www.regulations.gov. Follow the Relief, and Consumer Protection Act
instructions for submitting comments; RIN 3084–AB54] (‘‘the Act’’) was signed into law on May
or (2) Mail/Hand Delivery/Courier: U.S. 24, 2018. Public Law 115–174. The Act,
Small Business Administration, Attn: Military Credit Monitoring among other things, amends section
Kimberly Chuday or Thomas Heou, AGENCY: Federal Trade Commission. 605A of the FCRA, 15 U.S.C. 1681c–1 to
tkelley on DSKBCP9HB2PROD with PROPOSALS
Office of Financial Assistance, 409 ACTION: Notice of proposed rulemaking; add a section 605A(k). Section
Third Street SW, 8th Floor, Washington, request for public comment. 605A(k)(2) requires that nationwide
DC 20416. SBA will post all comments consumer reporting agencies provide
to this notice of proposed rulemaking on SUMMARY: The Federal Trade free electronic credit monitoring
http://www.regulations.gov. If you wish Commission (‘‘FTC’’ or ‘‘Commission’’) services to active duty military
to submit confidential business is publishing for comment a proposed consumers.
information (CBI) as defined in the User rule to implement the credit monitoring Section 605A(k)(3) of the FCRA
Notice at http://www.regulations.gov, provisions applicable to active duty requires the Commission to issue a
VerDate Sep<11>2014 16:48 Nov 15, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\16NOP1.SGM 16NOP1](https://thefederalregister.org/doc/83_FR_57913/page/3.svg)
Document Created: 2018-11-16 07:22:58
Document Modified: 2018-11-16 07:22:58
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by December 17, 2018. | |
| Contact | Peter Sommers, Marketing Specialist, or Terry Vawter, Senior Marketing Specialist, 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 | 83 FR 57691 | |
| CFR Associated | Marketing Agreements; Olives and Reporting and Recordkeeping Requirements |
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