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.

Rules and Regulations Federal Register

69873 

Vol. 88, No. 194 

Tuesday, October 10, 2023 

FEDERAL LABOR RELATIONS 

AUTHORITY 

5 CFR Part 2424 

Negotiability Proceedings 

Corrections 

In Rule Document 2023–19269, 

appearing on pages 62445 through 

62460 in the issue of Tuesday, 

September 12, 2023, make the following 

corrections: 

§ 2424.2 [Corrected] 

■ 1. Beginning on page 62455, in the 

third column, amendatory instruction 3 

is corrected to read as follows: 

■ 3. Amend § 2424.2 by revising 

paragraphs (a), (c)(2) and (c)(3), adding 

paragraphs (c)(4) through (7), and 

revising paragraphs (e) and (f). The 

revisions and additions read as follows: 

§ 2424.11 [Corrected] 

■ 2. On page 62456, in the second 

column, in the third line from the 

bottom, ‘‘© Unrequested agency 

allegation.’’ should read ‘‘(c) 

Unrequested agency allegation.’’ 

§ 2424.22 [Corrected] 

■ 3. On the same page, in the third 

column, in the fifth line from the 

bottom, ‘‘I Content.’’ should read, ‘‘(c) 

Content.’’ 

§ 2424.23 [Corrected] 

■ 4. On page 62457, in the second 

column, in the twenty-seventh and 

twenty-eighth lines, ‘‘Ö Discretionary 

extension of time limits.’’ should read, 

‘‘(c) Discretionary extension of time 

limits.’’ 

§ 2424.24 [Corrected] 

■ 5. On page the page, in the third 

column, in the fourth line, ‘‘I Content.’’ 

should read, ‘‘(c) Content.’’ 

§ 2424.25 [Corrected] 

■ 6. On page 62458, in the first column, 

in the twenty-fourth line from the 

bottom, ‘‘I Content.’’ should read, ‘‘(c) 

Content.’’ 

§ 2424.31 [Corrected] 

■ 7. On page 62459, in the second 

column, amendatory instruction 14 is 

corrected to read as follows: 

■ 14. Amend § 2424.31 by revising the 

heading, introductory text, and 

paragraph (c) to read as follows: 

§ 2424.32 [Corrected] 

■ 8. On page the same page, in the third 

column, beginning on the nineth line, 

(2) and (e) are corrected to read as set 

forth below: 

(2) Failure to respond to an argument 

or assertion raised by the other party 

may, in the Authority’s discretion, be 

treated as conceding such argument or 

assertion. 

(e) Failure to participate in 

conferences; failure to respond to 

Authority orders. Where a party fails to 

participate in a post-petition conference 

pursuant to § 2424.23, a direction or 

proceeding under § 2424.31, or 

otherwise fails to provide timely or 

responsive information pursuant to an 

Authority order, including an Authority 

procedural order directing the 

correction of technical deficiencies in 

filing, the Authority may, in addition to 

those actions set forth in paragraph (d) 

of this section, take any other action 

that, in the Authority’s discretion, it 

deems appropriate, including dismissal 

of the petition for review (with or 

without prejudice to the exclusive 

representative’s refiling of the petition 

for review), and granting the petition for 

review and directing bargaining or 

rescission of an agency head 

disapproval under 5 U.S.C. 7114(c) 

(with or without conditions). 

§ 2424.40 [Corrected] 

■ 9. On same page, in the same column, 

in the sixth line from the bottom, ‘‘(d) 

Cases involving provisions.’’ should 

read, ‘‘(c) Cases involving provisions.’’ 

[FR Doc. C1–2023–19269 Filed 10–5–23; 8:45 am] 

BILLING CODE 0099–10–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 932 

[Doc. No. AMS–SC–22–0094] 

Olives Grown in California; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule implements a 

recommendation from the California 

Olive Committee (Committee) to 

increase the assessment rate established 

for the 2023 fiscal year and subsequent 

fiscal years. The assessment rate will 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Effective November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Sasselli, Marketing Specialist, or 

Gary Olson, Chief, West Region Branch, 

Market Development Division, Specialty 

Crops Program, AMS, USDA; 

Telephone: (559) 487–5901 or Email: 

Jeremy.Sasselli@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, 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 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 

administers the Order and is comprised 

of producers and handlers of olives 

operating within the area of production 

and may have one public member. 

The Agricultural Marketing Service 

(AMS) is issuing this final rule in 

conformance with Executive Orders 

12866, 13563, and 14094. Executive 

Orders 12866 and 13563 direct agencies 


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69874 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 

to assess 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. Executive Order 

14094 updates and modernizes 

Executive Order 12866 and directs 

agencies to conduct proactive outreach 

to engage interested and affected parties 

through a variety of means, such as 

through field offices, and alternative 

platforms and media. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

This final rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

Tribal implications. AMS has 

determined that 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. The assessment rate 

established herein will be applicable to 

all assessable olives beginning on 

January 1, 2023, 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 the United States Department of 

Agriculture (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. 

The Order provides authority for the 

Committee, with the approval of AMS, 

to formulate an annual budget of 

expenses and to collect assessments 

from handlers to administer the 

program. The members are familiar with 

the Committee’s needs and with the 

costs of goods and services in their local 

area, and can 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. 

This final rule increases the 

assessment rate from $16 per ton of 

assessed olives, the rate that was 

established for the 2022 and subsequent 

fiscal years, to $35 per ton of assessed 

olives for the 2023 and subsequent fiscal 

years. The higher rate is the result of the 

significantly lower crop size in 2022 

(fruit that is marketed over the course of 

the 2023 fiscal year) and the need to 

maintain the Committee’s financial 

reserve. 

The Committee met on December 13, 

2022, and unanimously recommended 

2023 fiscal year expenditures of 

$1,154,412 and an assessment rate of 

$35 per ton of assessed olives. In 

comparison, last year’s budgeted 

expenditures were $1,245,085. The 

assessment rate of $35 is $19 higher 

than the rate currently in effect. 

Producer receipts show a yield of 19,912 

tons of assessable olives from the 2022 

crop year, which is substantially less 

than the quantity of olives harvested in 

the 2021 crop year, in which 46,359 

tons of assessable olives were produced. 

Olives harvested in 2022 will be 

marketed over the course of the 2023 

fiscal year, which begins on January 1, 

2023. The 19,912 tons of assessable 

olives from the 2022 crop should 

generate $696,920 in assessment 

revenue at the $35 per ton assessment 

rate. The balance of funds needed to 

cover budgeted expenditures will come 

from interest income, Federal grants, 

and the Committee’s financial reserve. 

The 2023 fiscal year assessment rate 

increase is appropriate to ensure the 

Committee has sufficient revenue to 

fund the recommended 2023 fiscal year 

budgeted expenditures. Funds in the 

reserve are expected to remain within 

the Order’s requirement of no more than 

approximately one fiscal year’s 

budgeted expenses. 

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 large crop 

(2021) followed by a small crop (2022). 

For this assessment rate rule, the actual 

2022 crop year receipts are used to 

determine the assessment rate for the 

2023 fiscal year. 

The major expenditures 

recommended by the Committee for the 

2023 fiscal year include $547,700 for 

program administration, $193,000 for 

marketing activities, $325,712 for 

research, and $88,000 for inspection. 

Budgeted expenses for these items 

during the 2022 fiscal year were 

$538,700; $284,000; $379,485; and 

$42,900, respectively. 

The assessment rate recommended by 

the Committee resulted from 

consideration of anticipated fiscal year 

expenses, actual olive tonnage received 

by handlers during the 2022 crop year, 

and the amount in the Committee’s 

financial reserve. Income derived from 

handler assessments and other revenue 

sources is expected to be adequate to 

cover budgeted expenses. The 

assessment rate established in this 

rulemaking will continue in effect 

indefinitely unless modified, 

suspended, or terminated by AMS 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 

AMS. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

AMS 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 AMS. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this final 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 


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Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 69875 

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 2 handlers subject to regulation 

under the Order. Small agricultural 

producers of olives are defined by the 

Small Business Administration (SBA) as 

those having annual olive receipts of 

less than $3.5 million (NAICS code 

111339, Other Noncitrus Fruit Farming), 

and small agricultural service firms are 

defined as those whose annual receipts 

are less than $34 million (NAICS code 

115114, Postharvest Crop Activities) (13 

CFR 121.201). 

Because of the large year-to-year 

variation in California olive production, 

it is helpful to use two-year averages of 

seasonal average grower price when 

undertaking calculations relating to 

average grower revenue. The National 

Agricultural Statistics Service (NASS) 

reported season average grower prices of 

olives utilized for canning for 2020 and 

2021 of $1,060 and $1,110 per ton, 

respectively, with a two-year average 

price of $1,085. 

The appropriate quantities to consider 

are the annual assessable olive 

quantities, which were 19,912 tons in 

2022 and 43,336 tons in 2021, with twoyear average production of 31,624 tons. 

Multiplying 31,624 tons by the two-year 

average grower price of $1,085 yields a 

two-year average crop value of $34.312 

million. Dividing the crop value by the 

number of olive producers (800) yields 

calculated annual average revenue per 

producer of $42,890, much less than 

SBA’s size standard of $3.5 million. 

Thus, the majority of olive producers 

may be classified as small entities. 

Dividing the $34.312 million average 

crop value by 2 (the number of 

handlers) equals $17.156 million, which 

is the annual average olive crop value 

processed by each of the 2 handlers over 

the two-year period. Subtracting 

$17.156 million average crop value from 

the large handler size threshold of $34 

million yields a difference of $16.844 

million. Dividing the $16.844 million 

difference by $17.156 average crop 

value processed by each of the handlers 

yields an average manufacturing margin 

of 98 percent to be considered large 

handlers. A key question is whether 98 

percent is a reasonable estimate of a 

manufacturing margin for the olive 

canning process. 

A review of economic literature on 

canned food manufacturing margins 

found no recent published estimates. A 

series of Economic Research Service 

reports on cost components of farm to 

retail price spreads, published in the 

late 1970s and early 1980s, found that 

margins above crop value for a canned 

vegetable product were in the range of 

76 to 85 percent. These margins are 

somewhat below the computed margin 

estimate of 98 percent to reach the $34 

million SBA threshold to be a large, 

canned olive handler. Although the 

studies are not recent, key observations 

are that canning technology has not 

changed significantly in that time 

period, but canning costs may have 

risen somewhat. Therefore, the 

conclusion to be drawn from these 

computations is that the two handlers 

are slightly below the large handler 

threshold of $34 million in annual 

canned olive sales, using two-year 

average data, and assuming that the 2 

handlers are about the same size. 

In a large crop year, one or both 

handlers could be considered large 

handlers, depending on the proportion 

of the olive crop that each of the 

handlers processed. For example, the 

2021 quantity of assessable olives was 

43,336 tons, and half of that quantity 

was 21,668 tons. Multiplying that 

tonnage by the average grower price of 

$1,085 per ton yields a crop value per 

handler estimate of $23.51 million. To 

reach the $34 million size threshold 

would mean canning costs of at least 

$10.49 million, which would be a 

manufacturing margin of 45 percent 

($10.49/$23.51)—well below the range 

of canning margins shown above. 

The contrasting examples presented 

here show that in terms of canned olive 

sales, the processors can be viewed as 

either being above or below the SBA 

large handler size threshold, depending 

on the assumptions used in alternative 

calculations. 

This final rule increases the 

assessment rate collected from handlers 

for the 2023 and subsequent fiscal years 

from $16 to $35 per ton of assessable 

olives. The Committee unanimously 

recommended 2023 expenditures of 

$1,154,412 and an assessment rate of 

$35 per ton. The increased assessment 

rate of $35 is $19 higher than the 2022 

rate. The quantity of assessable olives 

harvested in the 2022 crop year was 

19,912 tons, as compared to 46,359 tons 

in 2021. Olives are an alternate-bearing 

crop, with a large crop (2021) followed 

by a small crop (2022). Income derived 

from the $35 per ton assessment rate, 

along with interest income, Federal 

grants, and funds from the authorized 

reserve, should be adequate to meet this 

fiscal year’s budgeted expenditures. 

The Committee’s financial reserve is 

projected to be sufficient to partially 

fund 2023 fiscal year budgeted 

expenditures and remain within the 

requirements of § 932.40(a)(2) of the 

Order. The major expenditures 

recommended by the Committee for the 

2023 fiscal year include $547,700 for 

program administration, $193,000 for 

marketing activities, $325,712 for 

research, and $88,000 for inspection. 

Budgeted expenses for these items 

during the 2022 fiscal year were 

$538,700; $284,000; $379,485; and 

$42,900 respectively. The Committee 

deliberated on many of the expenses, 

weighed the relative value of various 

programs or projects, and decreased the 

budgeted expenses for research and 

marketing activities, while increasing 

the budget for administration and 

inspection program costs. Overall, the 

2023 fiscal year budget of $1,154,412 is 

$90,673 less than the $1,245,085 

budgeted for the 2022 fiscal year. 

Prior to arriving at the budget and 

recommended 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 

decreased olive production. The 

assessment rate of $35 per ton of 

assessable olives was derived by 

considering anticipated expenses, the 

relatively low volume of assessable 

olives, the current balance in the 

monetary reserve, and additional 

pertinent factors. 

A review of NASS information 

indicates that the average producer 

price for the 2021 crop year, the most 

recent crop year surveyed by NASS, was 

$851 per ton. The quantity of assessable 

olives harvested during the 2022 crop 

year was 19,912 tons, which makes 

estimated total producer revenue 

$16,945,112 ($851 multiplied by 19,912 

tons). Therefore, using the assessment 

rate of $35 per ton, the assessment 

revenue for the 2023 fiscal year as a 

percentage of estimated total producer 

revenue is expected to be approximately 

4.1 percent ($35 multiplied by 19,912 

tons divided by $16,945,112 multiplied 

by 100). 

This action increases 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, 

these costs are expected to be offset by 


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69876 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Rules and Regulations 

the benefits derived by the operation of 

the Order. 

The Committee’s meetings are widely 

publicized throughout the production 

area. The olive industry and all 

interested persons are invited to attend 

the meetings and participate in 

Committee deliberations on all issues. 

Like all Committee meetings, the 

December 13, 2022, meeting was a 

public meeting and all entities, both 

large and small, were able to express 

views on this issue. In addition, 

interested persons were invited to 

submit comments on this rule, 

including the regulatory and 

information collection impacts of this 

action on small businesses. 

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 are 

necessary in those requirements as a 

result of this action. Should any changes 

become necessary, they will be 

submitted to OMB for approval. 

This final rule will not impose any 

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. 

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. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this action. 

A proposed rule concerning this 

action was published in the Federal 

Register on June 16, 2023 (88 FR 39374). 

Copies of the proposed rule were also 

mailed or sent via email to California 

olive handlers. A copy of the proposed 

rule was made available through the 

internet by AMS via https://

www.regulations.gov. A 30-day 

comment period ending July 17, 2023, 

was provided for interested persons to 

respond to the proposal. No comments 

were received. Accordingly, no changes 

have been made to the rule as proposed. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

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 recommendations 

submitted by the Committee and other 

available information, AMS has 

determined that this rule tends 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, the Agricultural Marketing 

Service amends 7 CFR part 932 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. Section 932.230 is revised to read 

as follows: 

§ 932.230 Assessment rate. 

On and after January 1, 2023, an 

assessment rate of $35.00 per ton is 

established for California olives. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–22332 Filed 10–6–23; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 956 

[Doc. No. AMS–SC–23–0006] 

Sweet Onions Grown in the Walla 

Walla Valley of Southeast Washington 

and Northeast Oregon; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule implements a 

recommendation from the Walla Walla 

Sweet Onion Marketing Committee 

(Committee) to increase the assessment 

rate established for the 2023 and 

subsequent fiscal periods. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective November 9, 2023. 

FOR FURTHER INFORMATION CONTACT: Dale 

Novotny, Marketing Specialist, or Gary 

Olson, Chief, West Region Branch, 

Market Development Division, Specialty 

Crops Program, AMS, USDA; 

Telephone: (503) 326–2724, or Email: 

DaleJ.Novotny@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, 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. 

956, both as amended (7 CFR part 956), 

regulating the handling of sweet onions 

grown in the Walla Walla Valley of 

southeast Washington and northeast 

Oregon. Part 956 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 Walla Walla sweet 

onions operating within the area of 

production, and a public member. 

The Agricultural Marketing Service 

(AMS) is issuing this rule in 

conformance with Executive Orders 

12866, 13563, and 14094. 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. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. 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 13175—Consultation 

and Coordination with Indian Tribal 

Governments, which requires agencies 

to consider whether their rulemaking 

actions would have Tribal implications. 


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