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Code · REGISTER · 2020-05-14 · Agency Agency for International Development NOTICES Meetings: Board for International Food and Agricultural Development, 28927 2020-10297 Agricultural Marketing Agricultural Marketing Service RULES As · Unknown

Unknown. Final rule

4,351 words·~20 min read·/register/2020/05/14/2020-09345

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2020-05-14.xml --- 85 94 Thursday, May 14, 2020 Contents Agency Agency for International Development NOTICES Meetings: Board for International Food and Agricultural Development, 28927 2020-10297 Agricultural Marketing Agricultural Marketing Service RULES Assessment Rate: Olives Grown in California, 28841-28843 2020-09345 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Qualitative Feedback on Agency Service Delivery, 28927-28928 2020-10313 Proposed Posting, and Posting of Stockyards, 28928-28929 2020-10340 Agriculture Agriculture Department See Agricultural Marketing Service AIRFORCE Air Force Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28935-28936 2020-10337 2020-10342 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for National Firearms Examiner Academy, 28984 2020-10360 Application for Restoration of Explosives Privileges, 28982-28983 2020-10366 Application for Tax-Exempt Transfer of Firearm and Registration to Special Occupational Taxpayer, 28983-28984 2020-10362 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28948-28950 2020-10282 Civil Rights Civil Rights Commission NOTICES Meetings: California Advisory Committee, 28930 2020-10357 Missouri Advisory Committee To Discuss Voting as a Topic of Study in the State, 28929-28930 2020-10309 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Assessment of Fees, 29020-29021 2020-10338 Supervisory Review Process of Capital Adequacy (Pillar 2) Related to the Implementation of the Basel II Advanced Capital Framework, 29019-29020 2020-10339 Defense Department Defense Department See Air Force Department NOTICES Charter Renewal: Department of Defense Federal Advisory Committees, 28936 2020-10312 Drug Drug Enforcement Administration PROPOSED RULES Schedules of Controlled Substances:
Placement of Zipeprol in Schedule I, 28899-28904 2020-09592 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Submission of the Fulbright-Hays Doctoral Dissertation Research Abroad Program Application, 28937-28938 2020-10332 Submission of the Fulbright-Hays Group Projects Abroad Program Application, 28936-28937 2020-10333 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans;
Approvals and Promulgations: New Jersey Interstate Transport Requirements for the Requirements for the 2006 PM10, 2008 Lead, 2010 Nitrogen Dioxide, and the 2011 Carbon Monoxide National Ambient Air Quality Standards, 28883-28887 2020-08646 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Georgia: Revision to Inspection and Maintenance Program, 28919-28924 2020-09242 Fuels Regulatory Streamlining, 29034-29162 2020-09337 NOTICES Pesticide Registration Review:
Draft Human Health and Ecological Risk Assessments for Several Pesticides for Several Isothiazolinones, 28944-28946 2020-10376 Request for Nominations: Experts to Augment the EPA's Science Advisory Board Radiation Advisory Committee for the Review of the EPA's Draft Multi-Agency Radiation Survey and Site Investigation Manual, Revision 2, 28943-28944 2020-10414 Federal Aviation Federal Aviation Administration RULES Amendment of VOR Federal Airways V-125, V-178, V-313, and V-429:
In the Vicinity of Cape Girardeau, MO, 28852-28853 2020-10157 PROPOSED RULES Airworthiness Directives: MD Helicopters, Inc., 28895-28896 2020-10246 Polskie Zaklady Lotnicze Sp. z o.o. Airplanes, 28893-28895 2020-10015 Pratt and Whitney Canada Corp. Turboshaft Engines, 28888-28890 2020-09944 Textron Aviation Inc. Airplanes, 28890-28893 2020-10316 Amendment of Class E Airspace: Coshocton, OH, 28897-28898 2020-10356 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28946-28947 2020-10343 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Inspection and Claim Forms, 28968-28969 2020-10374 Preparedness Grants: Port Security Grant Program, 28970-28971 2020-10379 Preparedness Grants: Tribal Homeland Security Grant Program, 28969-28970 2020-10378 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 28940-28941 2020-10328 Application: Lock 7 Hydro Partners, LLC, 28939-28940 2020-10330 Pacific Gas and Electric Co.; Kern and Tule Hydro, LLC, 28938-28939 2020-10324 Combined Filings, 28942-28943 2020-10334 Environmental Assessments; Availability, etc.: Port Arthur Pipeline, LLC; Louisiana Connector Amendment Project, 28941-28942 2020-10325 Request Under Blanket Authorization: Transwestern Pipeline Co., LLC, 28938 2020-10326 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions:
Proposed Highway in California, 29015-29016 2020-10371 Federal Motor Federal Motor Carrier Safety Administration NOTICES Parts and Accessories Necessary for Safe Operation; Exemption Application: K and L Trucking, Inc., 29018-29019 2020-10322 Qualification of Drivers; Exemption Applications: Vision, 29016-29018 2020-10321 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 28947-28948 2020-10307 Financial Crimes Financial Crimes Enforcement Network NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 29022-29030 2020-10310 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Survey of Fishing, Hunting, and Wildlife-Associated Recreation, 28972-28973 2020-10317 Food and Drug Food and Drug Administration PROPOSED RULES Food Additives Permitted in Feed and Drinking Water of Animals: Spent Bleaching Clay, 28898-28899 2020-10035 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Adverse Event Program for Medical Devices (Medical Product Safety Network), 28954-28955 2020-10353 Certification to Accompany Drug, Biological Product, and Device Applications or Submissions, 28955-28958 2020-10359 Electronic Products, 28958-28961 2020-10373 Human Drug Compounding Under Sections 503A and 503B of the Federal Food, Drug, and Cosmetic Act, 28961-28965 2020-10336 Third Party Disclosure and Recordkeeping Requirements for Reportable Food, 28951-28954 2020-10351 Withdrawal of Approval of 16 New Drug Applications:
Janssen Pharmaceuticals, Inc., et al., 28950-28951 2020-10367 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Application: Golden Pass LNG Terminal LLC; Foreign-Trade Zone 116; Port Arthur, TX, 28930-28931 2020-10348 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Patient Protection and Affordable Care Act:
Benefit and Payment Parameters for 202; Notice Requirement for Non-Federal Governmental Plans, 29164-29262 2020-10045 NOTICES Charter Establishment: National Advisory Committee on Children and Disasters, 28965-28966 2020-10323 Homeland Homeland Security Department See Federal Emergency Management Agency See U.S. Immigration and Customs Enforcement RULES Implementation of the Northern Mariana Islands U.S. Workforce Act of 2018, 29264-29317 2020-08524 Temporary Changes to Requirements Affecting H-2B Nonimmigrants Due to the COVID-19 National Emergency, 28843-28851 2020-10486 Indian Affairs Indian Affairs Bureau NOTICES Amendment to Liquor Ordinance:
Wichita and Affiliated Tribes (Wichita, Keechi, Waco & Tawakonie), 28974 2020-10368 Environmental Assessments; Availability, etc. Proposed Redding Rancheria Fee-to-Trust and Casino Project, Shasta County, CA; Suspension, 28973 2020-10352 Institute of Museum and Library Services Institute of Museum and Library Services NOTICES Meetings: National Museum and Library Services Board, 28986-28987 2020-10302 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service RULES The Treatment of Certain Interests in Corporations as Stock or Indebtedness, 28867-28883 2020-08096 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Circular Welded Non-Alloy Steel Pipe from Mexico, 28931-28932 2020-10350 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Frozen Fish Fillets From Vietnam, 28981-28982 2020-10358 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28986 2020-10365 Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Law Enforcement Congressional Badge of Bravery, 28985-28986 2020-10364 Proposed Modification of Consent Decree: Clean Water Act and Oil Pollution Act, 28984-28985 2020-10306 Land Land Management Bureau NOTICES Plats of Survey: Alaska, 28975 2020-10370 Record of Decision: Tri-State Fuel Breaks Project, Idaho, 28974-28975 2020-10298 National Foundation National Foundation on the Arts and the Humanities See Institute of Museum and Library Services National Institute National Institute of Standards and Technology NOTICES Meetings:
Information Security and Privacy Advisory Board, 28932 2020-10375 National Institute National Institutes of Health NOTICES Prospective Grant of an Exclusive Patent License: Development and Commercialization of Logic-Gated Chimeric Antigen Receptor Therapies for the Treatment of Cluster of Differentiation 33 Expressing Cancers, 28966-28967 2020-10303 Development and Commercialization of Mono-Specific Chimeric Antigen Receptor Therapies for the Treatment of Cluster of Differentiation 33 Expressing Malignancies, 28966 2020-10304 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:
Snapper-Grouper Fishery; Regulatory Amendment 33, 28924-28926 2020-10107 National Park National Park Service NOTICES Inventory Completion: Arizona Museum of Natural History, Mesa, AZ, 28978-28979 2020-10344 Department of Anthropology, Southern Methodist University, Dallas, TX, 28975-28977 2020-10345 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28987-28988 2020-10299 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemption;
Issuance: Energy Harbor Nuclear Corp.; Energy Harbor Nuclear Generation, LLC; Davis-Besse Nuclear Power Station, Unit No. 1, 28988-28991 2020-10369 Patent Patent and Trademark Office NOTICES COVID-19 Prioritized Examination Pilot Program, 28932-28935 2020-10372 Postal Regulatory Postal Regulatory Commission NOTICES Complaint: Randall Ehrlich, 28991-28992 2020-10354 New Postal Product, 28992 2020-10361 Postal Service Postal Service PROPOSED RULES Extra Services Refund Time Limit, 28917-28918 2020-09843 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Information and Communications Technology and Services Supply Chain Security;
Continuation of National Emergency (Notice of May 13, 2020), 29319-29321 2020-10594 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements; Availability, etc.: B.F. Sisk Dam Raise and Reservoir Expansion Project, Merced County, CA, 28979-28980 2020-10296 Off-Road Vehicle Designation for the San Angelo Project, TX, 28980-28981 2020-10349 Securities Securities and Exchange Commission RULES Definition of Covered Clearing Agency, 28853-28867 2020-07905 NOTICES Self-Regulatory Organizations;
Proposed Rule Changes: Cboe BYX Exchange, Inc., 29009-29013 2020-10289 Cboe EDGA Exchange, Inc, 29000-29005 2020-10288 Cboe EDGX Exchange, Inc., 28996-29000 2020-10287 Financial Industry Regulatory Authority, Inc., 29005-29009 2020-10285 NYSE American, LLC, 28992-28996 2020-10286 The Nasdaq Stock Market, LLC, 29013-29015 2020-10284 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 28967-28968 2020-10308 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Clarification of Provisions:
Ten-Day Notices to State Regulatory Authorities and Enhancement of Corrective Action for State Regulatory Program Issues, 28904-28917 2020-10165 Surface Transportation Surface Transportation Board NOTICES Operation Exemption: Indiana and Ohio Railway Co.; Fulton Railroad Co. Ltd. in Cincinnati, OH, 29015 2020-10320 Trade Representative Trade Representative, Office of United States NOTICES List of Countries Denying Fair Market Opportunities for Government-Funded Airport Construction Projects, 29015 2020-10300 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration Treasury Treasury Department See Comptroller of the Currency See Financial Crimes Enforcement Network See Internal Revenue Service Immigration U.S.
Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities, 28971-28972 2020-10305 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Authority to Close Loans on an Automatic Basis Nonsupervised Lenders, 29031-29032 2020-10319 Freedom of Information Act or Privacy Act Request, Priority Processing Request, and Document/Evidence Submission, 29031 2020-10355 VA Loan Electronic Reporting Interface System, 29030-29031 2020-10318 Separate Parts In This Issue Part II Environmental Protection Agency, 29034-29162 2020-09337 Part III Health and Human Services Department, 29164-29262 2020-10045 Part IV Homeland Security Department, 29264-29317 2020-08524 Part V Presidential Documents, 29319-29321 2020-10594 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 85 94 Thursday, May 14, 2020 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 932 [Doc. No. AMS-SC-20-0012; SC20-932-2 FR] Olives Grown in California; Decreased Assessment Rate AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule. SUMMARY: This rule implements a recommendation from the California Olive Committee (Committee) to decrease the assessment rate established for the 2020 fiscal year and subsequent fiscal years. The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated. DATES: Effective June 15, 2020. FOR FURTHER INFORMATION CONTACT: Kathie Notoro, Marketing Specialist, or Terry Vawter, Regional Director, California Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA;
Telephone:
(559)538-1672, Fax:
(559)487-5906, or Email: *Kathie.Notoro@usda.gov* or *Terry.Vawter@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 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or Email: *Richard.Lower@usda.gov.* SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). 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 “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 Committee locally administers the Order and is comprised of producers and handlers of olives operating within the area of production, and a public member. The Department of Agriculture
(USDA)is issuing this 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 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 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 will be applicable to all assessable olives beginning on January 1, 2020, 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 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. This action decreases the assessment rate from $44.00 per ton of assessed olives, the rate that was established for the 2018-19 and subsequent fiscal years, to $15.00 per ton of assessed olives for the 2020 and subsequent fiscal years. The lower rate is the result of a significantly higher crop size, and the need to cover Committee expenses. The Order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. Industry members serving on the Committee are familiar with its 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. All directly affected persons have an opportunity to participate and provide input. The Committee met on December 5, 2019, and unanimously recommended 2020 expenditures of $1,035,406, and an assessment rate of $24.00 per ton of assessed olives. In comparison, last year's budgeted expenditures were $1,628,923. However, on December 6, 2019, the Committee staff received an email requesting that the assessment rate be lower than the unanimously agreed to rate of $24.00. The Committee met again by conference call on January 22, 2020, to discuss the possibility of a lower assessment rate. During the conference call, a handler and some producers stated they would be willing to pay up to $100.00 per ton during the next alternate, low-bearing year, if the crop volume tonnage drops below what is necessary to fund the Committee's activities. After further Committee discussions, an assessment rate of $15.00 per ton of assessed olives was agreed to and recommended. The assessment rate of $15.00 is $29.00 lower than the rate currently in effect. Handlers received 81,689 tons of assessable olives from the 2019 crop year. This is substantially more than the 2018 crop year, which was 17,953 tons of assessable olives. The 2020 fiscal year assessment rate decrease will ensure the Committee has enough revenue to fund the recommended 2020 budgeted expenditures while ensuring the funds in the financial reserve will be kept within the maximum permitted by § 932.40. The Order has a fiscal year and a crop year that are independent of each other. The crop year is a 12-month period that begins on August 1 of each year and ends on July 31 of the following year. The fiscal year is the 12-month period that begins on January 1 and ends on December 31 of each year. Olives are an alternate-bearing crop, with a small crop followed by a large crop. For assessment rate rules under the Order, the actual, rather than estimated, 2019 crop year receipts are used to determine the assessment rate for the 2020 fiscal year. The major expenditures recommended by the Committee for the 2020 fiscal year includes $631,300 for program administration, $123,500 for marketing activities, $225,606 for research, and $55,000 for inspection equipment. Budgeted expenses for these items during the 2019 fiscal year were $713,900 for program administration, $513,500 for marketing activities, $343,523 for research, and $58,000 inspection equipment. The assessment rate recommended by the Committee resulted from consideration of anticipated fiscal year expenses, actual olive tonnage received by handlers during the 2019 crop year, and the amount in the Committee's financial reserve. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, will be adequate to cover budgeted expenses. Funds in the reserve will be kept within the maximum permitted by the Order of approximately one fiscal year's expenses. The assessment rate established in this final rule will continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information. Although this assessment rate will be in effect for an indefinite period, the Committee will continue to meet prior to or during each fiscal year to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public and interested persons may express their views at these meetings. USDA will evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Committee's budget for subsequent fiscal years will be reviewed and, as appropriate, approved by USDA. 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 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 800 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 $1,000,000, and small agricultural service firms are defined as those whose annual receipts are less than $30,000,000 (13 CFR 121.201). Based upon National Agricultural Statistics Service
(NASS)information as of June 2019, the average price to producers for the 2019 crop year was $766.00 per ton, and total assessable volume for the 2019 crop year was 81,689 tons. Based on production, price paid to producers, and the total number of California olive producers, the average annual producer revenue is less than $1,000,000 ($766.00 times 81,689 tons equals $62,573,774 divided by 800 producers equals an average annual producer revenue of $78,217.22). Thus, the majority of olive producers may be classified as small entities. Both handlers may be classified as large entities under the SBA's definitions because their annual receipts are greater than $30,000,000. This final rule decreases the assessment rate collected from handlers for the 2020 and subsequent fiscal years from $44.00 to $15.00 per ton of assessable olives. The Committee unanimously recommended 2020 expenditures of $1,035,406 and an assessment rate of $15.00 per ton of assessable olives. The recommended assessment rate of $15.00 is $29.00 lower than the 2019 rate. The quantity of assessable olives for the 2020 fiscal year is 81,689 tons. The $15.00 rate should provide $1,225,335 in assessment revenue. The lower assessment rate is possible because annual receipts for the 2019 crop year are 81,689 tons compared to 17,953 tons for the 2018 crop year. Olives are an alternate-bearing crop, with a small crop followed by a large crop. Income derived from the $15.00 per ton assessment rate, along with funds from the authorized reserve and interest income, should be adequate to meet this fiscal year's expenses. The major expenditures recommended by the Committee for the 2020 fiscal year include $631,300 for program administration, $123,500 for marketing activities, $225,606 for research, and $55,000 for inspection equipment. Budgeted expenses for these items during the 2019 fiscal year were $713,900 for program administration, $513,500 for marketing activities, $343,523 for research, and $58,000 for inspection equipment. The Committee deliberated many of the expenses, weighed the relative value of various programs or projects, and decreased its expenses for marketing and research activities. Prior to arriving at this budget and assessment rate, the Committee considered information from various sources including the Committee's Executive, Marketing, Inspection, and Research Subcommittees. Alternate expenditure levels were discussed by these groups, based upon the relative value of various projects to the olive industry and the increased olive production. The assessment rate of $15.00 per ton of assessable olives was derived by considering anticipated expenses, the high volume of assessable olives, and additional pertinent factors. NASS data indicate the average producer price for the 2019 crop year was $766.00 per ton. Therefore, utilizing the assessment rate of $15.00 per ton, the assessment revenue for the 2020 fiscal year as a percentage of total producer revenue will be approximately 0.02 percent. This action decreases the assessment obligation imposed on handlers. While assessments impose some additional costs on handlers, the costs are minimal and uniform on all handlers. Some of the additional costs may be passed on to producers. However, decreasing the assessment will reduce the burden on handlers and may reduce the burden on producers. The Committee's meetings were widely publicized throughout the production area. The olive industry and all interested persons were invited to attend the meetings and participate in Committee deliberations on all issues. Like all Committee meetings, the December 5, 2019 and the January 22, 2020, meetings were public meetings. 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 OMB and assigned OMB No. 0581-0178 Vegetable and Specialty Crops. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they will be submitted to OMB for approval. This rule 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. As noted in the initial regulatory flexibility analysis, USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this final rule. 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. A proposed rule concerning this action was published in the **Federal Register** on March 4, 2020 (85 FR 12757). Copies of the proposed rule were provided to all olive producers and handlers. The proposal was made available through the internet by USDA and the Office of the Federal Register. A 30-day comment period ending April 3, 2020, was provided for interested persons to respond to the proposal. No comments were received. Accordingly, no changes will be made to the proposed rule. 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. After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this rule 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. For the reasons set forth in the preamble, 7 CFR part 932 is amended as follows: PART 932—OLIVES GROWN IN CALIFORNIA 1. The authority citation for 7 CFR part 932 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. Revise § 932.230 to read as follows: § 932.230 Assessment rate. On and after January 1, 2020, an assessment rate of $15.00 per ton is established for California olives. Bruce Summers, Administrator, Agricultural Marketing Service. [FR Doc. 2020-09345 Filed 5-13-20; 8:45 am]
Connectionstraces to 4
4 references not yet in our index
  • 7 CFR 932
  • 7 CFR 900.2(j)
  • 7 USC 601-674
  • 5 USC 601-612
Citation graph
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Final rule
Cite7 CFR 932
Cite7 CFR 900.2(j)
Cite7 USC 601-674
Cite5 USC 601-612
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