Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations 22211 

Done in Washington, DC, this 31st day 

of March 2010. 

Gregory Parham 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–9779 Filed 4–27–10: 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 932 

[Doc. No. AMS–FV–09–0089; FV10–932–1 

FR] 

Olives Grown in California; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

California Olive Committee (Committee) 

for the 2010 and subsequent fiscal years 

from $28.63 to $44.72 per assessable ton 

of 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 Date: April 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Jeffrey S. Smutny, Marketing Specialist, 

or Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906; or E-mail: 

Jeffrey.Smutny@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Antoinette.Carter@ams.usda.gov. 

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. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. Under the marketing 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 as issued herein will be 

applicable to all assessable olives 

beginning on January 1, 2010, 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 rule increases the assessment 

rate established for the Committee for 

the 2010 and subsequent fiscal years 

from $28.63 to $44.72 per ton of olives 

handled. 

The California olive marketing 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. The members 

of the Committee are producers and 

handlers of California olives. They are 

familiar with the Committee’s needs and 

with costs for goods and services in 

their local area and are thus in a 

position to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 

discussed in a public meeting. Thus, all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2009 and subsequent fiscal 

years, the Committee recommended, 

and USDA approved, an assessment rate 

that would continue in effect from fiscal 

year to fiscal year unless 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 15, 

2009, and unanimously recommended 

2010 fiscal year expenditures of 

$929,923 and an assessment rate of 

$44.72 per ton of olives. In comparison, 

last year’s budgeted expenditures were 

$1,482,349. The assessment rate of 

$44.72 is $16.09 higher than the rate 

currently in effect. The Committee 

recommended the higher assessment 

rate because the 2009–10 assessable 

olive receipts as reported by the 

California Agricultural Statistics Service 

(CASS) are only 22,150 tons, which 

compares to 49,067 tons in 2008–09. 

Unusual weather conditions, including 

untimely temperatures that fell below 

freezing, contributed to a substantially 

smaller crop. The Committee also plans 

to use available reserve funds to help 

meet its 2010 expenses. 

The major expenditures 

recommended by the Committee for the 

2010 fiscal year include $300,000 for 

research, $255,000 for marketing 

activities, and $324,923 for 

administration. Budgeted expenses for 

these items in 2009 were $495,000, 

$627,800, and $359,549, respectively. 

The assessment rate recommended by 

the Committee was derived by 

considering anticipated fiscal year 

expenses, actual olive tonnage received 

by handlers during the 2009–10 crop 

year, and additional pertinent factors. 

Actual assessable tonnage for the 2010 

fiscal year is expected to be lower than 

the 2009–10 crop receipts of 22,150 tons 

reported by the CASS because some 

olives may be diverted by handlers to 

uses that are exempt from marketing 

order requirements. Income derived 

from handler assessments, along with 

interest income and funds from the 

Committee’s authorized reserve, should 

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 (§ 932.40). 

The assessment rate established in 

this 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 


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22212 Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations 

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 will be 

undertaken as necessary. The 

Committee’s 2010 budget and those for 

subsequent fiscal years would 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. 601–602), 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 

business 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 olives in the production 

area and 2 handlers subject to regulation 

under the marketing order. Small 

agricultural producers are defined by 

the Small Business Administration (13 

CFR 121.201) 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. 

Based upon information from the 

Committee, the majority of olive 

producers may be classified as small 

entities. Both of the handlers may be 

classified as large entities. 

This rule increases the assessment 

rate established for the Committee and 

collected from handlers for the 2010 and 

subsequent fiscal years from $28.63 to 

$44.72 per ton of assessable olives. The 

Committee unanimously recommended 

2010 expenditures of $929,923 and an 

assessment rate of $44.72 per ton. The 

assessment rate of $44.72 is $16.09 

higher than the 2009 rate. The higher 

assessment rate is necessary because 

assessable olive receipts for the 2009–10 

crop year were reported by the CASS to 

be 22,150 tons, compared to 49,067 tons 

for the 2008–09 crop year. Actual 

assessable tonnage for the 2010 fiscal 

year is expected to be lower because 

some of the receipts may be diverted by 

handlers to exempt outlets on which 

assessments are not paid. 

Income generated from the $44.72 per 

ton assessment rate should be adequate 

to meet this year’s expenses when 

combined with funds from the 

authorized reserve and interest income. 

Funds in the reserve should be kept 

within the maximum permitted by the 

order of about one fiscal year’s expenses 

(§ 932.40). 

The major expenditures 

recommended by the Committee for the 

2010 fiscal year include $300,000 for 

research, $255,000 for marketing 

activities, and $324,923 for 

administration. Budgeted expenses for 

these items in 2009 were $495,000, 

$627,800, and $359,549 respectively. 

The Committee recommended decreases 

in all major expense categories due to 

the huge decrease in assessable crop 

volume as reported by the CASS. 

Prior to arriving at this budget, the 

Committee considered information from 

various sources, such as the 

Committee’s Executive, Market 

Development, and Research 

Subcommittees. Alternate spending 

levels were discussed by these groups, 

based upon the relative value of various 

research and marketing projects to the 

olive industry and the reduced olive 

production. The assessment rate of 

$44.72 per ton of assessable olives was 

derived by considering anticipated 

expenses, the volume of assessable 

olives, and additional pertinent factors. 

A review of historical information and 

preliminary information pertaining to 

the upcoming fiscal year indicates that 

the grower price for the 2009–10 crop 

year was approximately $1,193.94 per 

ton for canning fruit and $375.01 per 

ton for limited-use sizes, leaving the 

balance as unusable cull fruit. 

Approximately 91 percent of a ton of 

olives are canning fruit sizes and 5 

percent are limited use sizes, leaving the 

balance as unusable cull fruit. Grower 

revenue on 22,150 total tons of canning 

and limited-use sizes would be 

$24,321,145 given the current grower 

prices for those sizes. Therefore, with an 

assessment rate increased from $28.63 

to $44.72, the estimated assessment 

revenue is expected to be approximately 

4 percent of grower revenue. 

This action increases 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, these costs are 

offset by the benefits derived by the 

operation of the marketing order. 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 15, 2009, meeting was a 

public meeting and all entities, both 

large and small, were able to express 

views on this issue. 

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 3, 2010 (75 FR 9536). 

Copies of the proposed rule were also 

mailed or sent via facsimile to all 

California olive handlers. Finally, the 

proposal was made available through 

the Internet by USDA and the Office of 

Federal Register. A 30-day comment 

period ending April 2, 2010, was 

provided for interested persons to 

respond to the proposal. No comments 

were received. 

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/ 

AMSv1.0/ams.fetchTemplate

Data.do?template

=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Antoinette Carter 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, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it also found 

and determined that good cause exists 

for not postponing the effective date of 

this rule until 30 days after publication 

in the Federal Register because 


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Federal Register / Vol. 75, No. 81 / Wednesday, April 28, 2010 / Rules and Regulations 22213 

handlers have already received 2010 

olives from growers, the fiscal year 

began on January 1, 2010, and the 

assessment rate applies to all olives 

received during the 2010 and 

subsequent seasons. Further, handlers 

are aware of this rule, which was 

recommended at a public meeting. Also, 

a 30-day comment period was provided 

for in the proposed rule. 

List of Subjects in 7 CFR Part 932 

Olive, Marketing agreements, 

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. Section 932.230 is revised to read 

as follows: 

§ 932.230 Assessment rate. 

On and after January 1, 2010, an 

assessment rate of $44.72 per ton is 

established for California olives. 

Dated: April 22, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–9827 Filed 4–27–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 996 

[Docket No. AMS–FV–10–0030, FV10–996– 

610 Review] 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States; 

Section 610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of review and request for 

comments. 

SUMMARY: This document announces 

that the Agricultural Marketing Service 

(AMS) plans to review 7 CFR part 996, 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States, 

under the criteria contained in section 

610 of the Regulatory Flexibility Act 

(RFA). 

DATES: Written comments on this notice 

must be received by June 28, 2010. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this notice of review. 

Comments must be sent to the Docket 

Clerk, Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., Stop 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938, or 

Internet: http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

may be viewed at: http:// 

www.regulations.gov. All comments 

submitted in response to this notice will 

be included in the record and will be 

made available to the public. Please be 

advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: 

Martin Engeler, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey St., Fresno, California 93721; 

Telephone: (559) 487–5110; Fax: (559) 

487–5906; or E-mail: 

Martin.Engeler@ams.usda.gov.; or 

Kenneth G. Johnson, DC Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, Unit 

155, 4700 River Road, Riverdale, MD 

20737; Telephone: (301) 734–5243; Fax: 

(301) 734–5275; or E-mail: 

Kenneth.Johnson@usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States 

(Standards), as amended (7 CFR Part 

996), were established pursuant to 

Public Law 107–171, the Farm Security 

and Rural Investment Act of 2002 (Farm 

Bill). The Standards regulate the quality 

and handling of domestic and imported 

peanuts marketed in the United States. 

AMS published in the Federal 

Register on August 14, 2003 (68 FR 

48574), its plan to review certain 

regulations, including the Standards, 

under criteria contained in section 610 

of the RFA (5 U.S.C. 601–612). Because 

many AMS regulations impact small 

entities, AMS has decided, as a matter 

of policy, to review certain regulations 

which, although they may not meet the 

threshold requirement under section 

610 of the RFA, warrant review. 

The purpose of the review will be to 

determine whether the Standards 

should be continued without change, 

amended, or rescinded, consistent with 

the stated objectives of applicable 

statutes, to minimize the impacts on 

small entities. In conducting this 

review, AMS will consider the 

following factors: (1) The continued 

need for the Standards; (2) the nature of 

complaints or comments received from 

the public concerning the Standards; (3) 

the complexity of the Standards; (4) the 

extent to which the Standards overlap, 

duplicate, or conflict with other Federal 

rules, and, to the extent feasible, with 

State and local governmental rules; and 

(5) the length of time since the 

Standards have been evaluated, or the 

degree to which technology, economic 

conditions, or other factors have 

changed in the areas affected by the 

Standards. 

Written comments, views, opinions, 

and other information regarding the 

impact the Standards have on small 

businesses are invited. 

Dated: April 22, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–9833 Filed 4–27–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket Number EERE–2007–BT–TP–0013] 

RIN 1904–AB72 

Energy Conservation Program: Test 

Procedures for General Service 

Fluorescent Lamps, Incandescent 

Reflector Lamps, and General Service 

Incandescent Lamps; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Final rule; technical 

amendments. 

SUMMARY: This document contains a 

technical correction to the final rule 

regarding the test procedures for general 

service fluorescent lamps, incandescent 

reflector lamps, and general service 

incandescent lamps, which was 

published in the Federal Register on 

July 6, 2009. In that final rule, the U.S. 

Department of Energy (DOE) adopted 

amendments to its test procedure 

regulations for the above-specified 

lamps. However, due to a drafting error, 

part of the original wording was 

inadvertently removed from the DOE 

test procedure regulations in the Code of 

Federal Regulations (CFR). This final 

rule addresses this issue and restores 

the correct and complete language to the 

regulations. 


sroberts on DSKD5P82C1PROD with RULES