[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Rules and Regulations]
[Pages 33419-33420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-13553]



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  Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / 
Rules and Regulations  

[[Page 33419]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 932

[Doc. No. AMS-FV-14-0002; FV14-932-1 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 
2014 and subsequent fiscal years from $21.16 to $15.21 per ton of 
assessable olives handled. The Committee locally administers the 
marketing order, which regulates the handling of 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 began January 1 and ends December 31. The assessment rate will 
remain in effect indefinitely unless modified, suspended, or 
terminated.

DATES: Effective June 12, 2014.

FOR FURTHER INFORMATION CONTACT: Jerry L. Simmons, Marketing 
Specialist, or Martin Engeler, Regional Director, 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 Orders 12866, 13563, and 13175.
    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 year and continue 
indefinitely until amended, suspended, or terminated. The Committee's 
fiscal year began on January 1 and ends on December 31.
    In an interim rule published in the Federal Register on March 14, 
2014, and effective on March 15, 2014, (79 FR 14367, Doc. No. AMS-FV-
14-0002, FV14-932-1 IR), Sec.  932.230 was amended by decreasing the 
assessment rate established for California olives for the 2014 and 
subsequent fiscal years from $21.16 to $15.21 per ton of assessable 
olives. Income derived from handler assessments plus funds from the 
carryover reserve will be adequate to cover budgeted expenses.

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 of 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).
    In addition, based on information provided by the industry and the 
California Agricultural Statistics Service, the average grower price 
for 2013 was approximately $1,057.56 per ton of assessable olives, and 
total grower deliveries were 79,495 tons. Based on production, producer 
prices, and the total number of California olive producers, the average 
annual producer revenue is less than $750,000. In view of the 
foregoing, the majority of California olive producers may be classified 
as small entities. Neither of the two California olive 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 2014 and subsequent fiscal years from $21.16 to $15.21 
per ton of assessable olives. The Committee unanimously recommended 
2014 expenditures of $1,262,460. The quantity of assessable California 
olives for the 2013-14 season is 79,495 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. Income derived from the assessment rate of 
$15.21 combined with carryover reserve funds should provide assessment 
income adequate to meet this year's expenses.
    This rule continues in effect the action that decreased the 
assessment obligation imposed on handlers. Assessments are applied 
uniformly on all handlers, and some of the costs may be passed on to 
producers. However, decreasing the assessment rate reduces

[[Page 33420]]

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 interested persons 
were invited to attend the meeting and participate in Committee 
deliberations on all issues. Like all Committee meetings, the December 
9, 2013, meeting was a public meeting and 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 of the two 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 May 13, 2014. No comments were received. Therefore, for 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/#!documentDetail;D=AMS-FV-14-0002-0001.
    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 (79 FR 14367, March 14, 2014) 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

    Accordingly, the interim rule amending 7 CFR part 932, which was 
published at 79 FR 14367 on March 14, 2014, is adopted as a final rule, 
without change.

    Dated: June 5, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-13553 Filed 6-10-14; 8:45 am]
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