[Federal Register Volume 78, Number 146 (Tuesday, July 30, 2013)]
[Rules and Regulations]
[Pages 45841-45842]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18222]



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Rules and Regulations
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Federal Register / Vol. 78, No. 146 / Tuesday, July 30, 2013 / Rules 
and Regulations

[[Page 45841]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 932

[Doc. No. AMS-FV-12-0076; FV13-932-1 FIR]


Olives Grown in California; Decreased Assessment Rate

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 decreased the assessment 
rate established for the California Olive Committee (Committee) for the 
2013 and subsequent fiscal years from $31.32 to $21.16 per ton of 
assessable olives handled. The Committee locally administers the 
marketing order for olives grown in California. Assessments upon olive 
handlers are used by the Committee to fund reasonable and necessary 
expenses of the program. The fiscal year begins January 1 and ends 
December 31. A decrease in the assessment rate was necessary because 
the 2012-13 crop was larger than last year's crop and the previous 
assessment rate would generate excess revenue.

DATES: Effective July 31, 2013.

FOR FURTHER INFORMATION CONTACT: Jerry L. Simmons or Martin Engeler, 
California Marketing Field Office, Marketing Order and Agreement 
Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (559) 487-
5901, Fax: (559) 487-5906, or Email: Jerry.Simmons@ams.usda.gov or 
Martin.Engeler@ams.usda.gov. Small businesses may obtain information on 
complying with this and other marketing order regulations by viewing a 
guide at the following Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or by contacting Jeffrey Smutny, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: 
Jeffrey.Smutny@ams.usda.gov.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 148 and Order No. 932, both as amended (7 CFR Part 932), 
regulating the handling of olives grown in California, hereinafter 
referred to as the ``order.'' The order is effective under the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Order 12866.
    Under the order, California olive handlers are subject to 
assessments, which provide funds to administer the order. Assessment 
rates issued under the order are intended to be applicable to all 
assessable California olives for the entire fiscal period, and continue 
indefinitely until amended, suspended, or terminated. The Committee's 
fiscal period begins on January 1 and ends on December 31.
    In an interim rule published in the Federal Register on April 29, 
2013, and effective on April 30, 2013, (78 FR 24979, Doc. No. AMS-FV-
12-0076, FV13-932-1 IR), Sec.  932.230 was amended by decreasing the 
assessment rate established for California olives for the 2013 and 
subsequent fiscal years from $31.32 to $21.16 per ton of assessable 
olives handled. The decrease in the assessment rate was necessary 
because the 2012-13 crop was larger than last year's crop and the 
previous assessment rate would generate excess revenue.

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 rule 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 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 1,000 producers of California olives in the 
production area and two handlers subject to regulation under the 
marketing order. Small agricultural producers are defined by the Small 
Business Administration as those having annual receipts less than 
$750,000 and small agricultural service firms are defined as those 
whose annual receipts are less than $7,000,000 (13 CFR 121.201).
    Based upon information from the industry and the California 
Agricultural Statistics Service, the average grower price for 2012 was 
approximately $1,150 per ton of assessable olives and total grower 
deliveries were 67,355 tons. Based on production, producer prices, and 
the total number of California olive producers, the average annual 
producer revenue is less than $750,000. Thus, the majority of olive 
producers may be classified as small entities. Neither of the handlers 
may be classified as small entities.
    This rule continues in effect the action that decreased the 
assessment rate established for the Committee and collected from 
handlers for the 2013 and subsequent fiscal years from $31.32 to $21.16 
per ton of assessable olives, a decrease of $10.16. The Committee 
unanimously recommended 2013 expenditures of $1,289,198. The quantity 
of assessable California olives for the 2012-13 season is 67,355 tons. 
However, the quantity of olives actually assessed is expected to be 
slightly lower because some of the tonnage may be diverted by handlers 
to exempt outlets on which assessments are not paid. The $21.16 rate 
should provide an assessment income adequate to meet this year's 
expenses.
    Assessments are applied uniformly on all handlers, and some of the 
costs may be passed on to producers. However, decreasing the assessment 
rate reduces the burden on handlers, and may reduce the burden on 
producers.
    In addition, the Committee's meeting was widely publicized 
throughout the California olive industry and all

[[Page 45842]]

interested persons were invited to attend the meeting and participate 
in Committee deliberations on all issues. Like all Committee meetings, 
the December 11, 2012, meeting was a public meeting. All entities, both 
large and small, were able to express views on this issue.
    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, Generic Vegetable Crops. No changes in 
those requirements as a result of this action are anticipated. Should 
any changes become necessary, they would be submitted to OMB for 
approval.
    This action imposes 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.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.
    Comments on the interim rule were required to be received on or 
before June 28, 2013. 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: http://www.regulations.gov/#!docketDetail;D=AMS-FV-12-0076.
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866 and 12988, 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 (78 FR 24979, April 29, 2013) 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.

PART 932--OLIVES GROWN IN CALIFORNIA

0
Accordingly, the interim rule amending 7 CFR Part 932, which was 
published at 78 FR 24979 on April 29, 2013, is adopted as a final rule, 
without change.

    Dated: July 24, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2013-18222 Filed 7-29-13; 8:45 am]
BILLING CODE 3410-02-P