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