Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements, 55351-55354 [2014-22052]
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55351
Rules and Regulations
Federal Register
Vol. 79, No. 179
Tuesday, September 16, 2014
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. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 915 and 944
[Doc. No. AMS–FV–14–0051; FV14–915–1
IR]
Avocados Grown in South Florida and
Imported Avocados; Change in
Maturity Requirements
Agricultural Marketing Service,
USDA.
ACTION: Interim rule with request for
comments.
AGENCY:
This rule changes the
maturity requirements currently
prescribed under the Florida avocado
marketing order (order). The order
regulates the handling of avocados
grown in South Florida and is
administered locally by the Avocado
Administrative Committee (Committee).
The corresponding change in the
avocado import regulation is required
under section 8e of the Agricultural
Marketing Agreement Act of 1937. This
rule changes the maturity shipping
schedule to allow certain sizes and
weights of the Choquette avocado
variety to be shipped to the fresh market
earlier. With this change, the maturity
schedule will better reflect the current
maturity rate for the Choquette variety,
facilitating the shipment of this variety
as it matures.
DATES: Effective September 19, 2014;
comments received by November 17,
2014 will be considered prior to
issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order and Agreement Division, Fruit
and Vegetable Program, AMS, USDA,
1400 Independence Avenue SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
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www.regulations.gov. All comments
should reference the document 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 can be viewed
at: https://www.regulations.gov. All
comments submitted in response to this
rule 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:
Doris Jamieson, Marketing Specialist, or
Christian D. Nissen, Regional Director,
Southeast Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (863) 324–
3375, Fax: (863) 325–8793, or Email:
Doris.Jamieson@ams.usda.gov or
Christian.Nissen@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jeffrey Smutny,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Agreement
No. 121 and Marketing Order No. 915,
both as amended (7 CFR part 915),
regulating the handling of avocados
grown in South Florida, 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.’’
This interim rule is also issued under
section 8e of the Act (7 U.S.C. 608e),
which provides that whenever certain
specified commodities including
avocados, are regulated under a Federal
marketing order, imports of these
commodities into the United States are
prohibited unless they meet the same or
comparable grade, size, quality, or
maturity requirements as those in effect
for domestically produced commodities.
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
12866, 13563, and 13175.
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This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect.
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. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review 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.
There are no administrative
procedures which must be exhausted
prior to any judicial challenge to the
provisions of import regulations issued
under section 8e of the Act.
This rule changes the maturity
requirements prescribed under the
order. This rule changes the maturity
shipping schedule to allow certain sizes
and weights of the Choquette avocado
variety to be shipped to the fresh market
earlier. With this change, the maturity
schedule will better reflect the current
maturity rate for the Choquette variety,
facilitating the shipment of this variety
as it matures. This rule was
unanimously recommended by the
Committee at its April 9, 2014, meeting.
Section 915.51 of the order provides,
in part, authority to issue regulations
establishing specific maturity
requirements for avocados. Section
915.52 of the order provides authority
for the modification, suspension, or
termination of established regulations.
The maturity requirements for avocados
grown in Florida are specified in
§ 915.332 of the order’s rules and
regulations. These requirements specify
minimum weights and diameters to
delineate specific shipping time frames
for avocados. Maturity requirements for
avocados imported into the United
States are currently in effect under
§ 944.31.
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Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Rules and Regulations
The maturity requirements are
designed to prevent the shipment of
immature avocados. This helps to
provide buyer confidence and consumer
satisfaction essential for the successful
marketing of the crop. The maturity
schedule is usually divided into A, B, C,
and D dates reflecting when a particular
variety matures. Larger fruit within a
variety mature earlier, while smallersized fruit take longer to mature.
Consequently, the A dates are
established so only the largest, most
mature fruit are available for market for
each variety early in its season. The D
date marks the end of a variety’s season
when all fruit should be mature and
releases all sizes and weights. The
maturity requirements for the various
varieties of avocados are different, as
each variety has different growing and
maturation characteristics. These dates
are established based on a testing
procedure developed in conjunction
with USDA.
At the request of the Committee,
Committee staff began pulling samples
of the Choquette variety and testing the
level of maturity. The Committee
believed that due to cultural practices
the variety might be maturing earlier,
and the current B, C, and D dates might
need to be adjusted. Following three
years of testing, a maturity
subcommittee reviewed the sample
testing on the Choquette variety. Based
on their review of the data, the
subcommittee agreed that some weights
and sizes were maturing earlier, and
recommended to the full Committee that
the B, C, and D dates for Choquettes
each be moved up one week,
respectively. The subcommittee
concluded that these revised dates will
better reflect the current maturity rate
for Choquettes. The Committee agreed
the changes will help facilitate the
shipment of this variety as it matures,
and will continue to ensure that the
consumer will receive a quality
avocado. Consequently, the Committee
unanimously approved the change in
dates.
This rule changes the B date for
Choquettes listed on the maturity
schedule from October 17 to October 10.
This rule also changes the C date for
Choquettes from October 31 to October
24, and the D date from November 14
to November 7. The corresponding sizes
and weights associated with these dates
remain unchanged. The dates on the
maturity schedule are the basis for
calculating the actual shipping dates (A,
B, C, D dates) for each individual
season. The actual shipping dates for an
individual year are established as the
Monday nearest to the date specified in
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the maturity schedule as specified in
§ 915.332.
Section 8e of the Act provides that
when certain domestically produced
commodities, including avocados, are
regulated under a Federal marketing
order, imports of that commodity must
meet the same or comparable grade,
size, quality, and maturity requirements.
Since this rule changes the maturity
requirements under the domestic
handling regulations for avocados, a
corresponding change to the import
regulations must also be considered.
Maturity requirements for avocados
imported into the United States are
currently in effect under § 944.31. The
same revisions of maturity dates will be
made to § 944.31 as are being made to
§ 915.332. The Hass, Fuerte, Zutano,
and Edranol varieties of avocados
currently are exempt from the maturity
schedule, and continue to be exempt
under this rule. However, these varieties
are not exempt from the import grade
regulation, which is not being changed
by this action. As it is the only
marketing order covering avocados,
import requirements are based on the
marketing order for avocados grown in
South Florida.
The revised shipping dates for
Choquette variety avocados better reflect
the current maturity rate for Choquettes
and will help facilitate moving mature
fruit to the fresh market. This change
benefits importers as well as domestic
growers and handlers.
Initial 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
action on small entities. Accordingly,
AMS has prepared this initial 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. Import regulations issued under
the Act are based on those established
under Federal marketing orders.
There are approximately 30 handlers
of Florida avocados subject to regulation
under the order and approximately 300
producers of avocados in the production
area. There are approximately 70
importers of West Indian and
Guatemalan type avocado varieties like
those grown in Florida. Small
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agricultural service firms, which
include avocado handlers and
importers, are defined by the Small
Business Administration (SBA) as those
whose annual receipts are less than
$7,000,000, and small agricultural
producers are defined as those having
annual receipts less than $750,000 (13
CFR 121.201).
According to Committee data and
information from the National
Agricultural Statistical Service, the
average price for Florida avocados
during the 2011–12 season was
approximately $20.79 per 55-pound
bushel container and total shipments
were slightly higher than 1.2 million 55pound bushels. Using the average price
and shipment information, the majority
of avocado handlers could be
considered small businesses under
SBA’s definition. In addition, based on
avocado production, producer prices,
and the total number of Florida avocado
producers, the average annual producer
revenue is less than $750,000.
Information from the Foreign
Agricultural Service, USDA, indicates
that the dollar value of imported West
Indian and Guatemalan type avocados
was $15.5 million in 2013. Using these
values, most importers would have
annual receipts of less than $7,000,000
for avocados. Consequently, the
majority of avocado handlers,
producers, and importers may be
classified as small entities.
The Dominican Republic, Peru, and
Costa Rica, are the major production
areas of avocado varieties other than
Hass exporting avocados to the United
States. In 2013, shipments of these type
avocados imported into the United
States totaled around 14,500 metric
tons. Of that amount, 14,400 metric tons
were imported from the Dominican
Republic, 63 metric tons were imported
from Peru, and 21 metric tons arrived
from Costa Rica. Mexico, Chile, and
Peru are the major Hass type avocado
producing countries exporting avocados
to the United States. In 2013, shipments
of Hass type avocados imported into the
United States totaled around 548,000
metric tons. Mexico accounted for
500,000 metric tons, with 23,400 metric
tons from Chile, and 21,500 metric tons
from Peru.
This rule changes the maturity
requirements prescribed under the
order’s rules and regulations. This rule
changes the maturity shipping schedule
to allow certain sizes and weights of the
Choquette avocado variety to be shipped
to the fresh market earlier and makes a
corresponding change to the avocado
import regulation. With this change, the
maturity schedule will better reflect the
current maturity rate for the Choquette
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Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Rules and Regulations
variety, facilitating the shipment of this
variety as it matures. Authority for this
change is provided in §§ 915.51 and
915.52. This rule amends the provisions
in §§ 915.332 and 944.31. This rule was
unanimously recommended by the
Committee at its April 9, 2014, meeting.
The change in the import regulation is
required under section 8e of the Act.
This action is not expected to increase
the costs associated with the order’s
requirements or the avocado import
regulation. Rather, it is anticipated that
this action will have a beneficial impact.
Based on several seasons of maturity
testing, the Committee recommended
moving the B, C, and D dates on the
maturity schedule forward one week,
respectively, for the Choquette variety
allowing the associated sizes and
weights to be shipped to the fresh
market earlier. The revised dates better
reflect the current maturity rate for
Choquettes, and will facilitate the
shipment of this variety as it matures,
while continuing to ensure that only
mature fruit is shipped to the fresh
market. The benefits of this rule are
expected to be equally available to all
fresh avocado growers, handlers, and
importers, regardless of their size.
Regarding alternatives to this action,
the Committee considered making no
change to the requirements or waiting
for additional testing. However, they
determined that there was sufficient
data to warrant making these changes.
Therefore, this alternative was rejected.
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 the Office of
Management and Budget (OMB) and
assigned OMB No. 0581–0189, (Generic
Fruit Crops). No changes in those
requirements as a result of this action
are necessary. Should any changes
become necessary, they would be
submitted to OMB for approval.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
avocado 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.
In addition, USDA has not identified
any relevant Federal rules that
duplicate, overlap or conflict with this
rule.
Further, the Committee’s meeting was
widely publicized throughout the
Florida avocado industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations. Like all
Committee meetings, the April 9, 2014,
meeting was a public meeting and all
entities, both large and small, were able
to express their views on this issue.
Also, the Committee has a number of
appointed subcommittees to review
certain issues and make
recommendations to the Board. The
Committee’s maturity subcommittee met
on April 4, 2014, and discussed this
issue in detail. That meeting was also a
public meeting and both large and small
entities were able to participate and
express their views. Finally, interested
persons are invited to submit comments
on this interim rule, including the
regulatory and informational impacts of
this action on small businesses.
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/
MarketingOrdersSmallBusinessGuide.
Any questions about the compliance
guide should be sent to Jeffrey Smutny
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
This rule invites comments on a
change to the maturity requirements
currently prescribed under the Florida
avocado marketing order and avocado
import requirements. Any comments
received will be considered prior to
finalization of this rule.
After consideration of all relevant
material presented, including the
Committee’s recommendation, and
other information, it is found that this
interim rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
In accordance with section 8e of the
Act, the United States Trade
Representative has concurred with the
issuance of this interim rule.
Pursuant to 5 U.S.C. 553, it is also
found and determined upon good cause
that it is impracticable, unnecessary,
and contrary to the public interest to
give preliminary notice prior to putting
this rule into effect and that good cause
exists for not postponing the effective
date of this rule until 30 days after
publication in the Federal Register
because: (1) These changes relax current
requirements for the Choquette variety,
allowing some fruit to ship earlier; (2)
the Committee unanimously
recommended these changes at a public
meeting and interested parties had an
opportunity to provide input; and (3)
this rule provides a 60-day comment
period and any comments received will
be considered prior to finalization of
this rule.
List of Subjects
7 CFR Part 915
Avocados, Marketing agreements,
Reporting and recordkeeping
requirements.
7 CFR Part 944
Avocados, Food grades and standards,
Grapefruit, Grapes, Imports, Kiwifruit,
Limes, Olives, Oranges.
For the reasons set forth in the
preamble, 7 CFR parts 915 and 944 are
amended as follows:
PART 915—AVOCADOS GROWN IN
SOUTH FLORIDA
1. The authority citation for 7 CFR
part 915 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. In § 915.332, Table I, the entry for
‘‘Choquette’’ is revised to read as
follows:
■
§ 915.332 Florida avocado maturity
regulation.
(a) * * *
(2) * * *
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TABLE I
Variety
A date
Min.
wt.
Min.
diam.
B date
Min.
wt.
Min.
diam.
C date
Min.
wt.
Min.
diam.
*
*
Choquette ..........................................................
*
9–26
28
*
44⁄16
10–10
*
24
41⁄16
*
10–24
20
314⁄16
*
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*
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*
11–7
*
55354
*
Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Rules and Regulations
*
*
*
Authority: 7 U.S.C. 601–674.
*
§ 944.31 Avocado import maturity
regulation.
4. In § 944.31, Table I, the entry for
‘‘Choquette’’ is revised to read as
follows:
■
PART 944—FRUITS; IMPORT
REGULATIONS
3. The authority citation for 7 CFR
part 944 continues to read as follows:
■
(a) * * *
(2) * * *
TABLE I
Variety
A date
Min.
wt.
Min.
diam.
B date
Min.
wt.
Min.
diam.
C date
Min.
wt.
Min.
diam.
*
*
Choquette ..........................................................
*
9–26
28
*
44⁄16
10–10
*
24
41⁄16
*
10–24
20
314⁄16
*
*
*
*
*
*
*
*
Dated: September 11, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–22052 Filed 9–15–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2014–0220; Airspace
Docket No. 14–AEA–5]
Establishment of Class D Airspace and
Amendment of Class E Airspace;
Blackstone, VA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
D airspace and amends Class E airspace
at Blackstone, VA, to accommodate the
new air traffic control tower at Allen C
Perkinson Blackstone Army Airfield.
Controlled airspace is necessary for the
safety and management of instrument
flight rules (IFR) operations at the
airfield. This action updates the
geographic coordinates of the airfield’s
Class E airspace, and adds exclusion of
Restricted area airspace in Class D
airspace.
DATES: Effective 0901 UTC, November
13, 2014. The Director of the Federal
Register approves this incorporation by
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
ADDRESSES: FAA Order 7400.9Y,
Airspace Designations and Reporting
Points, and subsequent amendments can
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*
*
be viewed on line at https://
www.faa.gov/airtraffic/publications/.
The Order is also available for
inspection at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, call 202–741–6030,
or go to https://www.archives.gov/
federal_register/code_of_federalregulations/ibr_locations.html.
FAA Order 7400.9, Airspace
Designations and Reporting Points, is
published yearly and effective on
September 15. For further information,
you can contact the Airspace Policy and
ATC Procedures Group, Federal
Aviation Administration, 800
Independence Avenue SW.,
Washington, DC 29591; telephone: 202–
267–8783.
FOR FURTHER INFORMATION CONTACT: John
Fornito, Operations Support Group,
Eastern Service Center, Federal Aviation
Administration, P.O. Box 20636,
Atlanta, Georgia 30320; telephone (404)
305–6364.
SUPPLEMENTARY INFORMATION:
History
On May 23, 2014, the FAA published
in the Federal Register a notice of
proposed rulemaking (NPRM) to
establish Class D airspace and amend
Class E airspace at Allen C Perkinson
Blackstone Army Airfield, Blackstone,
VA, (79–29696). Interested parties were
invited to participate in this rulemaking
effort by submitting written comments
on the proposal to the FAA. No
comments were received.
Class D and E airspace designations
are published in Paragraphs 5000 and
6005, respectively, of FAA Order
7400.9Y, dated August 6, 2014, and
effective September 15, 2014, which is
incorporated by reference in 14 CFR
71.1. The Class D and E airspace
designations listed in this document
will be published subsequently in the
Order.
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*
D date
*
11–7
*
The Rule
This amendment to Title 14, Code of
Federal Regulations (14 CFR) part 71
establishes Class D airspace within a
4.2-mile radius of Allen C Perkinson
Blackstone Army Airfield, Blackstone,
VA, and amends Class E airspace
extending upward from 700 feet above
the surface within a 6.7-mile radius of
the airfield, to support the operation of
the new air traffic control tower. Also,
the geographic coordinates of the
airfield are adjusted to be in concert
with the FAA’s aeronautical database.
Additionally, this action amends the
Class D description by adding the
exclusion of that airspace within
Restricted Area R–6602A and the
Pickett 1 and 2 Military Operations
Areas during the time those areas are
active. Provisions to ensure the
deconfliction between military activities
and arrivals and departures at Allen C.
Perkinson Blackstone Army Airfield
will be specified in a Letter of
Agreement between Air Traffic Control
and the military using agencies.
Except for the changes noted above,
this rule is the same as published in the
NPRM.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
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[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Rules and Regulations]
[Pages 55351-55354]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22052]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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========================================================================
Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 /
Rules and Regulations
[[Page 55351]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 915 and 944
[Doc. No. AMS-FV-14-0051; FV14-915-1 IR]
Avocados Grown in South Florida and Imported Avocados; Change in
Maturity Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule changes the maturity requirements currently
prescribed under the Florida avocado marketing order (order). The order
regulates the handling of avocados grown in South Florida and is
administered locally by the Avocado Administrative Committee
(Committee). The corresponding change in the avocado import regulation
is required under section 8e of the Agricultural Marketing Agreement
Act of 1937. This rule changes the maturity shipping schedule to allow
certain sizes and weights of the Choquette avocado variety to be
shipped to the fresh market earlier. With this change, the maturity
schedule will better reflect the current maturity rate for the
Choquette variety, facilitating the shipment of this variety as it
matures.
DATES: Effective September 19, 2014; comments received by November 17,
2014 will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this rule. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC
20250-0237; Fax: (202) 720-8938; or Internet: https://www.regulations.gov. All comments should reference the document 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 can be viewed at: https://www.regulations.gov. All comments submitted in response to this rule
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: Doris Jamieson, Marketing Specialist,
or Christian D. Nissen, Regional Director, Southeast Marketing Field
Office, Marketing Order and Agreement Division, Fruit and Vegetable
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 325-8793, or
Email: Doris.Jamieson@ams.usda.gov or Christian.Nissen@ams.usda.gov.
Small businesses may request information on complying with this
regulation by contacting Jeffrey Smutny, Marketing Order and Agreement
Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence
Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-
2491, Fax: (202) 720-8938, or Email: Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule is issued under Marketing
Agreement No. 121 and Marketing Order No. 915, both as amended (7 CFR
part 915), regulating the handling of avocados grown in South Florida,
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.''
This interim rule is also issued under section 8e of the Act (7
U.S.C. 608e), which provides that whenever certain specified
commodities including avocados, are regulated under a Federal marketing
order, imports of these commodities into the United States are
prohibited unless they meet the same or comparable grade, size,
quality, or maturity requirements as those in effect for domestically
produced commodities.
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Orders 12866, 13563, and 13175.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
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. A
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review 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.
There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of import regulations
issued under section 8e of the Act.
This rule changes the maturity requirements prescribed under the
order. This rule changes the maturity shipping schedule to allow
certain sizes and weights of the Choquette avocado variety to be
shipped to the fresh market earlier. With this change, the maturity
schedule will better reflect the current maturity rate for the
Choquette variety, facilitating the shipment of this variety as it
matures. This rule was unanimously recommended by the Committee at its
April 9, 2014, meeting.
Section 915.51 of the order provides, in part, authority to issue
regulations establishing specific maturity requirements for avocados.
Section 915.52 of the order provides authority for the modification,
suspension, or termination of established regulations. The maturity
requirements for avocados grown in Florida are specified in Sec.
915.332 of the order's rules and regulations. These requirements
specify minimum weights and diameters to delineate specific shipping
time frames for avocados. Maturity requirements for avocados imported
into the United States are currently in effect under Sec. 944.31.
[[Page 55352]]
The maturity requirements are designed to prevent the shipment of
immature avocados. This helps to provide buyer confidence and consumer
satisfaction essential for the successful marketing of the crop. The
maturity schedule is usually divided into A, B, C, and D dates
reflecting when a particular variety matures. Larger fruit within a
variety mature earlier, while smaller-sized fruit take longer to
mature. Consequently, the A dates are established so only the largest,
most mature fruit are available for market for each variety early in
its season. The D date marks the end of a variety's season when all
fruit should be mature and releases all sizes and weights. The maturity
requirements for the various varieties of avocados are different, as
each variety has different growing and maturation characteristics.
These dates are established based on a testing procedure developed in
conjunction with USDA.
At the request of the Committee, Committee staff began pulling
samples of the Choquette variety and testing the level of maturity. The
Committee believed that due to cultural practices the variety might be
maturing earlier, and the current B, C, and D dates might need to be
adjusted. Following three years of testing, a maturity subcommittee
reviewed the sample testing on the Choquette variety. Based on their
review of the data, the subcommittee agreed that some weights and sizes
were maturing earlier, and recommended to the full Committee that the
B, C, and D dates for Choquettes each be moved up one week,
respectively. The subcommittee concluded that these revised dates will
better reflect the current maturity rate for Choquettes. The Committee
agreed the changes will help facilitate the shipment of this variety as
it matures, and will continue to ensure that the consumer will receive
a quality avocado. Consequently, the Committee unanimously approved the
change in dates.
This rule changes the B date for Choquettes listed on the maturity
schedule from October 17 to October 10. This rule also changes the C
date for Choquettes from October 31 to October 24, and the D date from
November 14 to November 7. The corresponding sizes and weights
associated with these dates remain unchanged. The dates on the maturity
schedule are the basis for calculating the actual shipping dates (A, B,
C, D dates) for each individual season. The actual shipping dates for
an individual year are established as the Monday nearest to the date
specified in the maturity schedule as specified in Sec. 915.332.
Section 8e of the Act provides that when certain domestically
produced commodities, including avocados, are regulated under a Federal
marketing order, imports of that commodity must meet the same or
comparable grade, size, quality, and maturity requirements. Since this
rule changes the maturity requirements under the domestic handling
regulations for avocados, a corresponding change to the import
regulations must also be considered.
Maturity requirements for avocados imported into the United States
are currently in effect under Sec. 944.31. The same revisions of
maturity dates will be made to Sec. 944.31 as are being made to Sec.
915.332. The Hass, Fuerte, Zutano, and Edranol varieties of avocados
currently are exempt from the maturity schedule, and continue to be
exempt under this rule. However, these varieties are not exempt from
the import grade regulation, which is not being changed by this action.
As it is the only marketing order covering avocados, import
requirements are based on the marketing order for avocados grown in
South Florida.
The revised shipping dates for Choquette variety avocados better
reflect the current maturity rate for Choquettes and will help
facilitate moving mature fruit to the fresh market. This change
benefits importers as well as domestic growers and handlers.
Initial 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 action on small entities.
Accordingly, AMS has prepared this initial 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. Import regulations issued under
the Act are based on those established under Federal marketing orders.
There are approximately 30 handlers of Florida avocados subject to
regulation under the order and approximately 300 producers of avocados
in the production area. There are approximately 70 importers of West
Indian and Guatemalan type avocado varieties like those grown in
Florida. Small agricultural service firms, which include avocado
handlers and importers, are defined by the Small Business
Administration (SBA) as those whose annual receipts are less than
$7,000,000, and small agricultural producers are defined as those
having annual receipts less than $750,000 (13 CFR 121.201).
According to Committee data and information from the National
Agricultural Statistical Service, the average price for Florida
avocados during the 2011-12 season was approximately $20.79 per 55-
pound bushel container and total shipments were slightly higher than
1.2 million 55-pound bushels. Using the average price and shipment
information, the majority of avocado handlers could be considered small
businesses under SBA's definition. In addition, based on avocado
production, producer prices, and the total number of Florida avocado
producers, the average annual producer revenue is less than $750,000.
Information from the Foreign Agricultural Service, USDA, indicates that
the dollar value of imported West Indian and Guatemalan type avocados
was $15.5 million in 2013. Using these values, most importers would
have annual receipts of less than $7,000,000 for avocados.
Consequently, the majority of avocado handlers, producers, and
importers may be classified as small entities.
The Dominican Republic, Peru, and Costa Rica, are the major
production areas of avocado varieties other than Hass exporting
avocados to the United States. In 2013, shipments of these type
avocados imported into the United States totaled around 14,500 metric
tons. Of that amount, 14,400 metric tons were imported from the
Dominican Republic, 63 metric tons were imported from Peru, and 21
metric tons arrived from Costa Rica. Mexico, Chile, and Peru are the
major Hass type avocado producing countries exporting avocados to the
United States. In 2013, shipments of Hass type avocados imported into
the United States totaled around 548,000 metric tons. Mexico accounted
for 500,000 metric tons, with 23,400 metric tons from Chile, and 21,500
metric tons from Peru.
This rule changes the maturity requirements prescribed under the
order's rules and regulations. This rule changes the maturity shipping
schedule to allow certain sizes and weights of the Choquette avocado
variety to be shipped to the fresh market earlier and makes a
corresponding change to the avocado import regulation. With this
change, the maturity schedule will better reflect the current maturity
rate for the Choquette
[[Page 55353]]
variety, facilitating the shipment of this variety as it matures.
Authority for this change is provided in Sec. Sec. 915.51 and 915.52.
This rule amends the provisions in Sec. Sec. 915.332 and 944.31. This
rule was unanimously recommended by the Committee at its April 9, 2014,
meeting. The change in the import regulation is required under section
8e of the Act.
This action is not expected to increase the costs associated with
the order's requirements or the avocado import regulation. Rather, it
is anticipated that this action will have a beneficial impact. Based on
several seasons of maturity testing, the Committee recommended moving
the B, C, and D dates on the maturity schedule forward one week,
respectively, for the Choquette variety allowing the associated sizes
and weights to be shipped to the fresh market earlier. The revised
dates better reflect the current maturity rate for Choquettes, and will
facilitate the shipment of this variety as it matures, while continuing
to ensure that only mature fruit is shipped to the fresh market. The
benefits of this rule are expected to be equally available to all fresh
avocado growers, handlers, and importers, regardless of their size.
Regarding alternatives to this action, the Committee considered
making no change to the requirements or waiting for additional testing.
However, they determined that there was sufficient data to warrant
making these changes. Therefore, this alternative was rejected.
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 the Office of Management and Budget (OMB) and
assigned OMB No. 0581-0189, (Generic Fruit Crops). No changes in those
requirements as a result of this action are necessary. Should any
changes become necessary, they would be submitted to OMB for approval.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large avocado 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.
In addition, USDA has not identified any relevant Federal rules
that duplicate, overlap or conflict with this rule.
Further, the Committee's meeting was widely publicized throughout
the Florida avocado industry and all interested persons were invited to
attend the meeting and participate in Committee deliberations. Like all
Committee meetings, the April 9, 2014, meeting was a public meeting and
all entities, both large and small, were able to express their views on
this issue.
Also, the Committee has a number of appointed subcommittees to
review certain issues and make recommendations to the Board. The
Committee's maturity subcommittee met on April 4, 2014, and discussed
this issue in detail. That meeting was also a public meeting and both
large and small entities were able to participate and express their
views. Finally, interested persons are invited to submit comments on
this interim rule, including the regulatory and informational impacts
of this action on small businesses.
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/MarketingOrdersSmallBusinessGuide. Any questions
about the compliance guide should be sent to Jeffrey Smutny at the
previously mentioned address in the FOR FURTHER INFORMATION CONTACT
section.
This rule invites comments on a change to the maturity requirements
currently prescribed under the Florida avocado marketing order and
avocado import requirements. Any comments received will be considered
prior to finalization of this rule.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
this interim rule, as hereinafter set forth, will tend to effectuate
the declared policy of the Act.
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this interim rule.
Pursuant to 5 U.S.C. 553, it is also found and determined upon good
cause that it is impracticable, unnecessary, and contrary to the public
interest to give preliminary notice prior to putting this rule into
effect and that good cause exists for not postponing the effective date
of this rule until 30 days after publication in the Federal Register
because: (1) These changes relax current requirements for the Choquette
variety, allowing some fruit to ship earlier; (2) the Committee
unanimously recommended these changes at a public meeting and
interested parties had an opportunity to provide input; and (3) this
rule provides a 60-day comment period and any comments received will be
considered prior to finalization of this rule.
List of Subjects
7 CFR Part 915
Avocados, Marketing agreements, Reporting and recordkeeping
requirements.
7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Olives, Oranges.
For the reasons set forth in the preamble, 7 CFR parts 915 and 944
are amended as follows:
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
0
1. The authority citation for 7 CFR part 915 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
2. In Sec. 915.332, Table I, the entry for ``Choquette'' is revised to
read as follows:
Sec. 915.332 Florida avocado maturity regulation.
(a) * * *
(2) * * *
Table I
--------------------------------------------------------------------------------------------------------------------------------------------------------
Min. Min. Min.
Variety A date Min. wt. diam. B date Min. wt. diam. C date Min. wt. diam. D date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Choquette........................................... 9-26 28 4\4/16\ 10-10 24 4\1/16\ 10-24 20 3\14/16\ 11-7
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 55354]]
* * * * *
PART 944--FRUITS; IMPORT REGULATIONS
0
3. The authority citation for 7 CFR part 944 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
0
4. In Sec. 944.31, Table I, the entry for ``Choquette'' is revised to
read as follows:
Sec. 944.31 Avocado import maturity regulation.
(a) * * *
(2) * * *
Table I
--------------------------------------------------------------------------------------------------------------------------------------------------------
Min. Min. Min. Min. Min. Min.
Variety A date wt. diam. B date wt. diam. C date wt. diam. D date
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
Choquette........................................... 9-26 28 4\4/16\ 10-10 24 4\1/16\ 10-24 20 3\14/16\ 11-7
* * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * *
Dated: September 11, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-22052 Filed 9-15-14; 8:45 am]
BILLING CODE 3410-02-P
