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Rules and Regulations
Federal Register Vol. 86, No. 153
Thursday, August 12, 2021

This section of the FEDERAL REGISTER
contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 932
Doc. No. AMSSC200102; SC219321
FR

Olives Grown in California; Increased Assessment Rate Agricultural Marketing Service, USDA.
ACTION: Final rule.
AGENCY:

This final rule implements a recommendation from the California Olive Committee to increase the assessment rate for the 2021 fiscal year.
The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
DATES: Effective September 13, 2021.
FOR FURTHER INFORMATION CONTACT:
Bianca Bertrand, Management and Program Analyst, or Gary D. Olson, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: 559
3568202 or email: BiancaM.Bertrand@
usda.gov or GaryD.Olson@usda.gov.
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 202500237; Telephone: 202 720
2491, or email: Richard.Lower@
usda.gov.
SUMMARY:

This action, pursuant to 5 U.S.C. 553, implements an amendment to regulations issued to carry out a marketing order as defined in 7 CFR
900.2j. This 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
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SUPPLEMENTARY INFORMATION:

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Order is effective under the Agricultural Marketing Agreement Act of 1937, as amended 7 U.S.C. 601674, 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 production area.
The Department of Agriculture USDA is issuing this rule in conformance with Executive Orders 12866 and 13563. Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distributive impacts and equity.
Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This action falls within a category of regulatory actions that the Office of Management and Budget OMB exempted from Executive Order 12866 review.
This rule has been reviewed under Executive Order 13175Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications.
AMS has determined this rule is unlikely to have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, California olive handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate be applicable to all assessable olives for the 2021 fiscal year and continue until amended, suspended, or terminated.
The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c15A 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
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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 a 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 USDAs ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.
This rule increases the current assessment rate from $15.00 per ton of assessable olives to $30.00 per ton of assessable olives for the 2021 fiscal year and subsequent fiscal years. The marketing year runs August 1 through July 31.
The Order authorizes the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. Members are familiar with the Committees needs and with the costs of goods and services in their local area and are thus able to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting and all directly affected persons have an opportunity to participate and provide input.
For the 2020 fiscal year and subsequent fiscal years, the Committee recommended, and USDA approved, an assessment rate of $15.00 per ton of assessable olives. That assessment rate will continue in effect until modified, suspended, or terminated by USDA
upon recommendation and information submitted by the Committee, or other information available to USDA.
The Committee met on December 8, 2020, and unanimously recommended expenditures of $1,151,832 and an assessment rate of $30.00 per ton of assessable olives handled for the 2021
fiscal year and subsequent fiscal years.
In comparison, last years budgeted expenditures were $1,035,406. The assessment rate of $30.00 is $15.00
higher than the rate currently in effect.
Handlers received 23,193 tons of assessable olives for the 2020 crop year.
This is substantially less than the volume for the 2019 crop year, which was 81,689 tons of assessable olives.

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