20056 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

GIPSA also is amending the Official

United States Standards for Grain,

Subpart A—General Provisions,

§ 810.104, Percentages, by revising

paragraph (b), Recording. This change

requires rye dockage to be determined

and reported in whole and tenths of a

percent to the nearest tenth of a percent.

Pursuant to Section 4(b)(1) of the

United States Grain Standards Act, as

amended (7 U.S.C. 76(b)(1)), no

standards established or amendments or

revocations of standards are to become

effective less than one calendar year

after promulgation unless, in the

judgement of the Secretary, the public

health, interest, or safety require that

they become effective sooner. Pursuant

to that section of the Act, the revisions

will become effective June 1, 1999. This

effective date will coincide with the

beginning of the 1999 crop year and

facilitate the marketing of rye.

List of Subjects

7 CFR Part 800

Administrative practice and

procedure, Exports, Grain.

7 CFR Part 810

Exports, Grain.

For reasons set out in the preamble,

7 CFR Part 800 and 7 CFR Part 810 are

amended as follows:

PART 800—GENERAL REGULATIONS

1. The authority citation for Part 800

continues to read as follows:

Authority: Pub. L. 94–582, 90 Stat. 2867,

as amended (7 U.S.C. 71 et seq.)

2. Section 800.86(c)(2) is amended by

revising the entry for ‘‘Dockage’’ in

Table 14 to read as follows:

§ 800.86 Inspection of shiplot, unit trains,

and lash barge grain in single lots.

* * * * *

(c) * * *

(2) * * *

TABLE 14—BREAKPOINTS (BP) FOR RYE SPECIAL GRADES AND FACTORS

Special grade

or factor Grade limit Breakpoint

* * * * * * *

Dockage ........................................................................................................................ As specified by contract or load order

grade.

0.2

* * * * *

PART 810—OFFICIAL UNITED STATES

STANDARDS FOR GRAIN

3. The authority citation for Part 810

continues to read as follows:

Authority: Pub. L. 94–582, 90 Stat. 2867,

as amended (7 U.S.C. 71 et seq.)

4. Section 810.104 is amended by

revising the first three sentences of

paragraph (b) to read as follows:

§ 810.104 Percentages.

* * * * *

(b) Recording. The percentage of

dockage in flaxseed and sorghum is

reported in whole percent with fractions

of a percent being disregarded. Dockage

in barley and triticale is reported in

whole and half percent with a fraction

less than one-half percent being

disregarded. Dockage in wheat and rye

is reported in whole and tenth percents

to the nearest tenth percent. * * *

Dated: April 14, 1998.

James R. Baker,

Administrator, Grain Inspection, Packers and

Stockyards Administration.

[FR Doc. 98–10768 Filed 4–22–98; 8:45 am]

BILLING CODE 3410–EN–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 932

[Docket No. FV98–932–1 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)

under Marketing Order No. 932 for the

1998 and subsequent fiscal years from

$14.99 to $17.10 per ton of assessable

olives. The Committee is responsible for

local administration of the marketing

order which regulates the handling of

olives grown in California.

Authorization to assess olive handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The fiscal year began on January 1 and

ends December 31. The assessment rate

will remain in effect indefinitely unless

modified, suspended, or terminated.

EFFECTIVE DATE: April 24, 1998.

FOR FURTHER INFORMATION CONTACT:

Diane Purvis, Marketing Assistant, or J.

Terry Vawter, Marketing Specialist,

California Marketing Field Office, Fruit

and Vegetable Programs, AMS, USDA,

2202 Monterey Street, Suite 102B,

Fresno, California 93721; telephone:

(209) 487–5901, Fax: (209) 487–5906; or

George Kelhart, Technical Advisor,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, PO Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

205–6632. Small businesses may request

information on compliance with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, room 2525–S, PO Box

96456, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

205–6632.

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 marketing agreement and

order are 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

(Department) 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
Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations 20057

applicable to all assessable olives

beginning January 1, 1998, and continue

until amended, suspended, or

terminated. This rule will not preempt

any State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

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 Secretary 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 the Secretary 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 the Secretary’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 1998 and subsequent fiscal years

from $14.99 per ton to $17.10 per ton.

The California olive marketing order

provides authority for the Committee,

with the approval of the Department, 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 the 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 1997 and subsequent fiscal

years, the Committee recommended,

and the Department approved, an

assessment rate that would continue in

effect from fiscal year to fiscal year

unless modified, suspended, or

terminated by the Secretary upon

recommendation and information

submitted by the Committee or other

information available to the Secretary.

The Committee met on December 11,

1997, and unanimously recommended

1998 expenditures of $1,750,400 and an

assessment rate of $17.10 per ton of

olives received during the 1997–98 crop

year, which began August 1, 1997, and

ends July 31, 1998. In comparison, last

year’s budgeted expenditures were

$2,159,265. The assessment rate of

$17.10 is $2.11 higher than the rate

currently in effect.

Olive trees have an alternate-bearing

characteristic causing a large crop one

year and a small crop the next. Handler

receipts of olives for the 1997–98 crop

year were 85,585 tons, which is 41

percent less than the 144,075 tons

received in 1996–97. Although the 1998

fiscal year budgeted expenditures are

less than those in the prior year, the

decrease in olive receipts necessitates

an increase in the assessment rate to

cover all anticipated expenditures. If the

assessment rate is not increased from

the 1997 fiscal year assessment rate of

$14.99, funds will fall approximately

$467,481 short of 1998 fiscal year

budgeted expenses.

The major expenditures

recommended by the Committee for the

1998 year include $357,900 for

administration, $50,000 for research,

and $1,308,500 for market development.

Budgeted expenses for these items in

1997 were $390,890, $173,375, and

$1,595,000, respectively.

The assessment rate recommended by

the Committee was derived by

considering anticipated expenses, actual

receipts of olives, and additional

pertinent factors. The revised

assessment rate should provide

$1,463,504 in assessment income.

Income derived from handler

assessments, interest, and carryover of

reserve funds will be adequate to cover

budgeted expenses. Funds in the reserve

(currently $287,996) will be kept within

the maximum permitted by the order

(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 the

Secretary 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 the

Department. Committee meetings are

open to the public and interested

persons may express their views at these

meetings. The Department 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 1998 budget was approved

on February 17, 1998, and those for

subsequent fiscal years will be reviewed

and, as appropriate, approved by the

Department.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), 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. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 1,200

producers of olives in the production

area and 4 handlers subject to regulation

under the marketing order. Small

agricultural producers have been

defined by the Small Business

Administration (13 CFR 121.601) as

those having annual receipts less than

$500,000, and small agricultural service

firms are defined as those whose annual

receipts are less than $5,000,000. The

majority of California olive producers

may be classified as small entities. None

of the handlers may be so classified.

This rule increases the assessment

rate established for the Committee and

collected from handlers for the 1998 and

subsequent fiscal years from $14.99 per

ton of olives to $17.10 per ton of olives.

The Committee unanimously

recommended 1998 expenditures of

$1,750,400 and an assessment rate of

$17.10 per ton of olives. The assessment

rate of $17.10 is $2.11 higher than the

1997 rate. The $17.10 rate should

provide $1,463,504 in assessment

income. The Committee will use reserve

funds and interest income to make up

the shortfall in assessment income.

Therefore, income derived from handler

assessments, interest, and carried over

reserve funds will be adequate to cover

budgeted expenses for the 1998 fiscal

period. Funds in the reserve (currently

$287,996) will be kept within the

maximum permitted by the order

(approximately one fiscal year’s

expenses; § 932.40).

Although the 1998 fiscal year

budgeted expenditures are less than

those in the prior year, the decrease in

olive receipts necessitates an increase in

the assessment rate to cover all

anticipated expenditures. If the
20058 Federal Register / Vol. 63, No. 78 /Thursday, April 23, 1998 /Rules and Regulations

assessment rate is not increased from

the 1997 fiscal year assessment rate of

$14.99, funds will fall approximately

$467,481 short of 1998 fiscal year

budgeted expenses.

A review of historical and preliminary

information pertaining to the current

crop year indicates that the grower

prices for the 1997–98 crop year could

range from $150 to $825 per ton of

olives for canning sizes. Therefore, the

estimated assessment revenue for the

1998 fiscal year as a percentage of total

grower revenue could range between

11.4 and 2 percent, respectively. If the

prices for canning sizes average about

$500 per ton during the 1997–98 crop

year, the estimated assessment revenue

for the 1998 fiscal year as a percentage

of total grower revenue will be about 3

percent.

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 will

be 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 11, 1997, meeting was a

public meeting and all entities, both

large and small, were able to express

views on this issue. In addition, all four

regulated handlers are equally

represented on the Committee and voted

unanimously in favor of the assessment

increase. Finally, interested persons

were invited to submit information on

the regulatory and information impacts

of this rule on small entities.

This rule imposes no additional

reporting or recordkeeping requirements

on California olive handlers, none of

which are small entities. 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.

The Department has not identified

any relevant Federal rules that

duplicate, overlap, or conflict with this

rule.

A proposed rule concerning this

action was published in the Federal

Register on February 17, 1998 (63 FR

7732). Copies of the proposed rule were

also mailed or sent via facsimile to all

olive handlers. Finally, the proposal

was made available through the Internet

by the Office of the Federal Register.

A 30-day comment period ending

March 19, 1998, was provided for

interested persons to respond to the

proposal. No comments were received

in response to the proposal.

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 the

marketing order requires that the rate of

assessment for each fiscal period apply

to all assessable olives handled during

such period. The fiscal year under the

order covers the period January 1

through December 31. Further, handlers

are aware of this rule which was

recommended at a public meeting. Also,

a 30-day comment period was provided

in the proposed rule, and no comments

were received.

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. Section 932.230 is revised to read

as follows:

§ 932.230 Assessment rate.

On and after January 1, 1998, an

assessment rate of $17.10 per ton is

established for assessable olives grown

in California.

Dated: April 9, 1998.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 98–10772 Filed 4–22–98; 8:45 am]

BILLING CODE 3410–22–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 993

[Docket No. FV98–993–1 FR]

Dried Prunes Produced in California;

Undersized Regulation for the 1998–99

Crop Year

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule changes the

undersized regulation for dried prunes

received by handlers from producers

and dehydrators under Marketing Order

No. 993 for the 1998–99 crop year. The

marketing order regulates the handling

of dried prunes produced in California

and is administered locally by the Prune

Marketing Committee (Committee). This

rule removes the smallest, least

desirable of the marketable size dried

prunes produced in California from

human consumption outlets, and allows

handlers to dispose of undersized

prunes in such outlets as livestock feed.

The Committee estimated that this rule

will reduce the calculated excess of

about 78,000 tons of dried prunes

expected at the end of the 1997–98 crop

year by approximately 7,300 tons,

leaving sufficient prunes to fulfill

foreign and domestic trade demand.

EFFECTIVE DATES: August 1, 1998,

through July 31, 1999.

FOR FURTHER INFORMATION CONTACT:

Richard P. Van Diest, Marketing

Specialist, California Marketing Field

Office, Fruit and Vegetable Programs,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721;

telephone: (209) 487–5901, Fax: (209)

487–5906; or George Kelhart, Technical

Advisor, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, PO Box 96456, Washington, DC

20090–6456; telephone: (202) 720–2491,

Fax: (202) 205–6632. Small businesses

may request information on compliance

with this regulation by contacting Jay

Guerber, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, PO Box 96456, Washington, DC

20090–6456; telephone: (202) 720–2491,

Fax: (202) 205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 993, both as amended (7

CFR part 993), regulating the handling

of dried prunes produced in California,

hereinafter referred to as the ‘‘order.’’

The marketing agreement and order are