Avocados Grown in South Florida; Suspension of Weekly Handler Reporting Requirements, 16261-16263 [E7-6243]
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16261
Rules and Regulations
Federal Register
Vol. 72, No. 64
Wednesday, April 4, 2007
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 Part 915
[Docket No. AMS–FV–06–0170; FV07–915–
1 FIR]
Avocados Grown in South Florida;
Suspension of Weekly Handler
Reporting Requirements
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
final rule changing the reporting
requirements currently prescribed under
the marketing order for avocados grown
in South Florida (order). The order
regulates the handling of avocados
grown in South Florida and is
administered locally by the Avocado
Administrative Committee (Committee).
This rule continues in effect the action
that indefinitely suspended the weekly
handler reporting requirements
specified under the order. The
information from the weekly reports is
no longer being used by the industry or
the Committee staff and the germane
information is available from other
sources. This action reduces the
reporting burden on handlers, while
aligning information collection
requirements with the needs of the
industry.
DATES:
Effective Date: May 4, 2007.
cprice-sewell on PROD1PC61 with RULES
FOR FURTHER INFORMATION CONTACT:
William G. Pimental, Marketing
Specialist, or Christian D. Nissen,
Regional Manager, Southeast Marketing
Field Office, Marketing Order
Administration Branch, Fruit and
Vegetable Programs, AMS, USDA;
Telephone: (863) 324–3375, Fax: (863)
325–8793 or E-mail:
VerDate Aug<31>2005
15:40 Apr 03, 2007
Jkt 211001
William.Pimental@usda.gov or
Christian.Nissen@usda.gov,
respectively.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
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:
Jay.Guerber@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.’’
USDA is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. 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 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.
This rule continues in effect the
action that modified the reporting
requirements prescribed under the order
by indefinitely suspending the weekly
handler reporting requirements. The
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
information from the weekly report is
no longer being used by the industry or
the Committee staff and the germane
information is available from other
sources. This action reduces the
reporting burden on handlers, while
aligning information collection
requirements with the needs of the
industry. The Committee unanimously
recommended this change at a meeting
on April 19, 2006.
Section 915.60 of the avocado
marketing order provides authority for
the Committee to require handlers to file
reports and provide other information as
may be necessary for the Committee to
perform its duties. Section 915.150 of
the order’s rules and regulations
specifies the requisite reporting
requirements.
This rule continues in effect the
action that revised § 915.150 by
indefinitely suspending paragraphs (a),
(b), and (c) which specify the weekly
handler reporting requirements. Prior to
this action, handlers were required to
submit a weekly report to the
Committee listing all avocados handled,
the disposition of each lot of
noncertified avocados removed from
handler’s premises, and each lot of
noncertified avocados received from
another district. The Committee
provided a form to assist handlers with
supplying the required information.
This information was compiled into a
report which was made available to the
industry. The Committee also used this
data for statistical reporting purposes, to
assess handlers, and for program
compliance.
When instituted, the information from
the weekly reports was adequate for
industry and Committee needs.
However, for the past several seasons,
the industry has stopped requesting the
reports compiled from the weekly data.
The Committee believes timely data is
necessary for the information to be
valuable. The industry is still interested
in the volume of avocados handled, but
weekly reports are not timely enough to
be beneficial when it comes to using
such information to help growers and
handlers make harvesting and packing
decisions.
In addition to the weekly reporting
information, the Committee staff also
receives daily shipment information for
all avocado handlers from the FederalState Inspection Service (FSIS). This
information is collected from handlers
E:\FR\FM\04APR1.SGM
04APR1
cprice-sewell on PROD1PC61 with RULES
16262
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
at the time of inspection and includes
information on the volume packed. The
Committee staff uses this information to
generate daily shipping reports. The
reports generated from the FSIS
information are more accurate and
timely, and the industry finds this
information to be more beneficial. As
such, the Committee staff has stopped
generating reports based on the weekly
information.
Further, the Committee has found
reporting at the time of inspection to be
an effective and efficient way of
collecting information. Recently, the
rules and regulations were amended to
require handlers to report added
information to the FSIS at the time of
inspection (70 FR 59622, October 13,
2005). With that change, handlers are
now required to provide information
regarding the number of avocados pack
per container, in addition to the
previous requirement that handlers
provide the number and sizes of
containers packed.
In comparison, handlers find weekly
reporting to be time consuming and that
it places an additional burden on their
staff to ensure weekly reports are
submitted. Also, with some of the
information contained in the weekly
report already being reported at the time
of inspection, it represents a duplication
of effort.
At one time, the Committee staff used
the information from the weekly
handler reports for statistical reporting
purposes, to assess handlers, and for
program compliance. However, they too
have found the information in the daily
shipment reports to be more useful, and
of more interest to the industry. Further,
the Committee staff has not been using
the weekly reports to support program
operations or for compliance purposes
for some time. The information needed
for Committee operations, marketing
policies, and compliance is available
from the daily inspection information
provided by FSIS and from other
sources.
In addition, damages sustained from
hurricanes in 2004 and 2005 resulted in
a substantial reduction in assessment
income. This rule reduces the amount of
time required by the Committee staff to
monitor handler reports. Thus, this rule
offers the potential for cost savings.
This rule continues in effect the
action that indefinitely suspended the
provisions requiring the submission of
the weekly handler report. The
information collected under this
requirement is no longer being utilized
and is not necessary for the operations
of the order. This action reduces the
reporting burden on handlers and
lessens the reporting oversight demands
VerDate Aug<31>2005
15:40 Apr 03, 2007
Jkt 211001
on the Committee staff. Therefore, the
Committee voted unanimously to
suspend § 915.150 paragraphs (a), (b),
and (c).
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.
As this rule changes the reporting
requirements under the domestic
handling regulations, no corresponding
changes to the import regulations are
required.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA), the
Agricultural Marketing Service (AMS)
has considered the economic impact of
this action 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 300
producers of avocados in the production
area and approximately 35 handlers
subject to regulation under the order.
Small agricultural producers are defined
by the Small Business Administration
(SBA) as those having annual receipts of
less than $750,000, and small
agricultural service firms are defined as
those whose annual receipts are less
than $6,500,000 (13 CFR 121.201).
According to the National
Agricultural Statistics Service and
Committee data, the average price for
Florida avocados during the 2005–06
season was around $46.75 per 55-pound
bushel container, and total shipments
were near 470,000 55-pound bushel
equivalents. Using the average price and
shipment information provided by the
Committee, the majority of avocado
handlers could be considered small
businesses under the SBA definition. In
addition, based on avocado production,
grower prices, and the total number of
Florida avocado growers, the average
annual grower revenue is less than
$750,000. Thus, the majority of Florida
avocado producers may also be
classified as small entities.
This rule changes the reporting
requirements currently prescribed under
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
the order. This rule continues in effect
the action that indefinitely suspended
the weekly handler reporting
requirements required under the order.
The information from the weekly report
is no longer being used by the industry
or the Committee staff and the germane
information is available from other
sources. This action reduces the
reporting burden on handlers, while
aligning information collection
requirements with the needs of the
industry. This rule revises § 915.150,
which specifies the requisite reporting
requirements. Authority for this action
is provided for in § 915.60 of the order.
The Committee unanimously
recommended this change at a meeting
held on April 19, 2006.
This rule is not expected to result in
any additional costs for handlers. This
rule continues in effect the action that
reduced the reporting burden on
handlers by indefinitely suspending the
provisions requiring the submission of a
weekly report. It also reduces the
amount of time required by the
Committee staff to monitor and review
handler reports. Thus, this rule offers
the potential for cost savings. The
potential reduction in costs would
benefit all handlers regardless of their
size. Consequently, the benefits of this
rule are expected to be equally available
to all.
The Committee discussed keeping the
weekly reporting requirements in place
as an alternative to this action.
However, the Committee believes
continuing to collect information that is
no longer being utilized by the industry
or the Committee staff is unnecessary.
Therefore, this alternative was rejected.
This rule will not impose any
additional reporting or recordkeeping
requirements on either small or large
avocado handlers. The form, FV–215,
‘‘Avocado Handler’s Weekly Report
Form’’ is currently approved under
OMB No. 0581–0189, Generic OMB
Fruit Crops. The information collection
for OMB No. 1581–0189 will be coming
up for renewal, at which time the
reduction in burden for this form will be
addressed. The suspension of the
reporting requirement reduces the
overall burden for that collection by 54
hours. 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. In addition, USDA has
not identified any relevant Federal rules
that duplicate, overlap or conflict with
this rule.
The AMS is committed to complying
with the E-Government Act, to promote
the use of the Internet and other
E:\FR\FM\04APR1.SGM
04APR1
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
Further, the Committee’s meeting was
widely publicized throughout the
avocado industry and all interested
persons were invited to attend the
meeting and participate in Committee
deliberations. Like all Committee
meetings, the April 19, 2006, meeting
was a public meeting and all entities,
both large and small, were able to
express their views on this issue.
An interim final rule concerning this
action was published in the Federal
Register on December 22, 2006. Copies
of the rule were mailed by the
Committee’s staff to all Committee
members and avocado handlers. In
addition, the rule was made available
through the Internet by USDA and the
Office of the Federal Register. That rule
provided for a 60-day comment period
which ended February 20, 2007. No
comments were received.
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/
fv/moab.html. Any questions about the
compliance guide should be sent to Jay
Guerber at the previously mentioned
address in the FOR FURTHER INFORMATION
CONTACT section.
After consideration of all relevant
material presented, including the
Committee’s recommendation, and
other information, it is found that
finalizing the interim final rule, without
change, as published in the Federal
Register (71 FR 76897, December 22,
2006) will tend to effectuate the
declared policy of the Act.
List of Subjects in 7 CFR Part 915
Avocados, Marketing agreements,
Reporting and recordkeeping
requirements.
PART 915—AVOCADOS GROWN IN
SOUTH FLORIDA
Accordingly, the interim final rule
amending 7 CFR part 915 which was
published at 71 FR 76897 on December
22, 2006, is adopted as a final rule
without change.
cprice-sewell on PROD1PC61 with RULES
I
Dated: March 29, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E7–6243 Filed 4–3–07; 8:45 am]
BILLING CODE 3410–02–P
VerDate Aug<31>2005
15:40 Apr 03, 2007
Jkt 211001
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 922
[Docket No. AMS–FV–07–0031; FV07–922–
1 IFR]
Apricots Grown in Designated
Counties in Washington; Suspension
of Container Regulations
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: This rule suspends the
container regulations prescribed under
the Washington apricot marketing order
by extending the temporary 2006 season
suspension indefinitely. The marketing
order regulates the handling of fresh
apricots grown in designated counties in
the State of Washington, and is
administered locally by the Washington
Apricot Marketing Committee
(Committee). This indefinite suspension
of the container regulations will
continue to provide the apricot industry
with increased marketing flexibility by
allowing handlers to pack and ship
apricots in any size, shape, or type of
container. After evaluating the impact
the temporary 2006 season container
regulation suspension has had on the
industry, the Committee determined
that container regulations no longer
contribute to the orderly marketing of
the fresh apricot crop.
DATES: Effective April 1, 2007.
Comments received by June 4, 2007 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 Administration Branch, Fruit and
Vegetable Programs, 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 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 can be viewed
at: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Robert J. Curry or Gary D. Olson,
Northwest Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1220 SW., Third Avenue,
Suite 385, Portland, Oregon 97204–
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
16263
2807; Telephone: (503) 326–2724; Fax:
(503) 326–7440; or E-mail:
Robert.Curry@usda.gov or
GaryD.Olson@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
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:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Agreement
and Order No. 922 (7 CFR part 922)
regulating the handling of apricots
grown in designated counties in
Washington, 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. This rule is not intended to
have retroactive effect. This rule will
not preempt any State of 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 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 indefinitely extends the
temporary 2006 season container
regulation suspension (§ 922.306),
which ends on March 31, 2007. As it
effectively did during the 2006 shipping
season, this regulatory suspension will
provide additional flexibility to the
apricot industry by allowing handlers to
SUPPLEMENTARY INFORMATION:
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 72, Number 64 (Wednesday, April 4, 2007)]
[Rules and Regulations]
[Pages 16261-16263]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6243]
========================================================================
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
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.
========================================================================
Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules
and Regulations
[[Page 16261]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 915
[Docket No. AMS-FV-06-0170; FV07-915-1 FIR]
Avocados Grown in South Florida; Suspension of Weekly Handler
Reporting Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Agriculture (USDA) is adopting, as a final
rule, without change, an interim final rule changing the reporting
requirements currently prescribed under the marketing order for
avocados grown in South Florida (order). The order regulates the
handling of avocados grown in South Florida and is administered locally
by the Avocado Administrative Committee (Committee). This rule
continues in effect the action that indefinitely suspended the weekly
handler reporting requirements specified under the order. The
information from the weekly reports is no longer being used by the
industry or the Committee staff and the germane information is
available from other sources. This action reduces the reporting burden
on handlers, while aligning information collection requirements with
the needs of the industry.
DATES: Effective Date: May 4, 2007.
FOR FURTHER INFORMATION CONTACT: William G. Pimental, Marketing
Specialist, or Christian D. Nissen, Regional Manager, Southeast
Marketing Field Office, Marketing Order Administration Branch, Fruit
and Vegetable Programs, AMS, USDA; Telephone: (863) 324-3375, Fax:
(863) 325-8793 or E-mail: William.Pimental@usda.gov or
Christian.Nissen@usda.gov, respectively.
Small businesses may request information on complying with this
regulation by contacting Jay Guerber, 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: Jay.Guerber@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.''
USDA is issuing this rule in conformance with Executive Order
12866.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule is not intended to have retroactive effect.
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 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.
This rule continues in effect the action that modified the
reporting requirements prescribed under the order by indefinitely
suspending the weekly handler reporting requirements. The information
from the weekly report is no longer being used by the industry or the
Committee staff and the germane information is available from other
sources. This action reduces the reporting burden on handlers, while
aligning information collection requirements with the needs of the
industry. The Committee unanimously recommended this change at a
meeting on April 19, 2006.
Section 915.60 of the avocado marketing order provides authority
for the Committee to require handlers to file reports and provide other
information as may be necessary for the Committee to perform its
duties. Section 915.150 of the order's rules and regulations specifies
the requisite reporting requirements.
This rule continues in effect the action that revised Sec. 915.150
by indefinitely suspending paragraphs (a), (b), and (c) which specify
the weekly handler reporting requirements. Prior to this action,
handlers were required to submit a weekly report to the Committee
listing all avocados handled, the disposition of each lot of
noncertified avocados removed from handler's premises, and each lot of
noncertified avocados received from another district. The Committee
provided a form to assist handlers with supplying the required
information. This information was compiled into a report which was made
available to the industry. The Committee also used this data for
statistical reporting purposes, to assess handlers, and for program
compliance.
When instituted, the information from the weekly reports was
adequate for industry and Committee needs. However, for the past
several seasons, the industry has stopped requesting the reports
compiled from the weekly data. The Committee believes timely data is
necessary for the information to be valuable. The industry is still
interested in the volume of avocados handled, but weekly reports are
not timely enough to be beneficial when it comes to using such
information to help growers and handlers make harvesting and packing
decisions.
In addition to the weekly reporting information, the Committee
staff also receives daily shipment information for all avocado handlers
from the Federal-State Inspection Service (FSIS). This information is
collected from handlers
[[Page 16262]]
at the time of inspection and includes information on the volume
packed. The Committee staff uses this information to generate daily
shipping reports. The reports generated from the FSIS information are
more accurate and timely, and the industry finds this information to be
more beneficial. As such, the Committee staff has stopped generating
reports based on the weekly information.
Further, the Committee has found reporting at the time of
inspection to be an effective and efficient way of collecting
information. Recently, the rules and regulations were amended to
require handlers to report added information to the FSIS at the time of
inspection (70 FR 59622, October 13, 2005). With that change, handlers
are now required to provide information regarding the number of
avocados pack per container, in addition to the previous requirement
that handlers provide the number and sizes of containers packed.
In comparison, handlers find weekly reporting to be time consuming
and that it places an additional burden on their staff to ensure weekly
reports are submitted. Also, with some of the information contained in
the weekly report already being reported at the time of inspection, it
represents a duplication of effort.
At one time, the Committee staff used the information from the
weekly handler reports for statistical reporting purposes, to assess
handlers, and for program compliance. However, they too have found the
information in the daily shipment reports to be more useful, and of
more interest to the industry. Further, the Committee staff has not
been using the weekly reports to support program operations or for
compliance purposes for some time. The information needed for Committee
operations, marketing policies, and compliance is available from the
daily inspection information provided by FSIS and from other sources.
In addition, damages sustained from hurricanes in 2004 and 2005
resulted in a substantial reduction in assessment income. This rule
reduces the amount of time required by the Committee staff to monitor
handler reports. Thus, this rule offers the potential for cost savings.
This rule continues in effect the action that indefinitely
suspended the provisions requiring the submission of the weekly handler
report. The information collected under this requirement is no longer
being utilized and is not necessary for the operations of the order.
This action reduces the reporting burden on handlers and lessens the
reporting oversight demands on the Committee staff. Therefore, the
Committee voted unanimously to suspend Sec. 915.150 paragraphs (a),
(b), and (c).
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. As this
rule changes the reporting requirements under the domestic handling
regulations, no corresponding changes to the import regulations are
required.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this action 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 300 producers of avocados in the production
area and approximately 35 handlers subject to regulation under the
order. Small agricultural producers are defined by the Small Business
Administration (SBA) as those having annual receipts of less than
$750,000, and small agricultural service firms are defined as those
whose annual receipts are less than $6,500,000 (13 CFR 121.201).
According to the National Agricultural Statistics Service and
Committee data, the average price for Florida avocados during the 2005-
06 season was around $46.75 per 55-pound bushel container, and total
shipments were near 470,000 55-pound bushel equivalents. Using the
average price and shipment information provided by the Committee, the
majority of avocado handlers could be considered small businesses under
the SBA definition. In addition, based on avocado production, grower
prices, and the total number of Florida avocado growers, the average
annual grower revenue is less than $750,000. Thus, the majority of
Florida avocado producers may also be classified as small entities.
This rule changes the reporting requirements currently prescribed
under the order. This rule continues in effect the action that
indefinitely suspended the weekly handler reporting requirements
required under the order. The information from the weekly report is no
longer being used by the industry or the Committee staff and the
germane information is available from other sources. This action
reduces the reporting burden on handlers, while aligning information
collection requirements with the needs of the industry. This rule
revises Sec. 915.150, which specifies the requisite reporting
requirements. Authority for this action is provided for in Sec. 915.60
of the order. The Committee unanimously recommended this change at a
meeting held on April 19, 2006.
This rule is not expected to result in any additional costs for
handlers. This rule continues in effect the action that reduced the
reporting burden on handlers by indefinitely suspending the provisions
requiring the submission of a weekly report. It also reduces the amount
of time required by the Committee staff to monitor and review handler
reports. Thus, this rule offers the potential for cost savings. The
potential reduction in costs would benefit all handlers regardless of
their size. Consequently, the benefits of this rule are expected to be
equally available to all.
The Committee discussed keeping the weekly reporting requirements
in place as an alternative to this action. However, the Committee
believes continuing to collect information that is no longer being
utilized by the industry or the Committee staff is unnecessary.
Therefore, this alternative was rejected.
This rule will not impose any additional reporting or recordkeeping
requirements on either small or large avocado handlers. The form, FV-
215, ``Avocado Handler's Weekly Report Form'' is currently approved
under OMB No. 0581-0189, Generic OMB Fruit Crops. The information
collection for OMB No. 1581-0189 will be coming up for renewal, at
which time the reduction in burden for this form will be addressed. The
suspension of the reporting requirement reduces the overall burden for
that collection by 54 hours. 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. In addition, USDA has not identified any relevant Federal
rules that duplicate, overlap or conflict with this rule.
The AMS is committed to complying with the E-Government Act, to
promote the use of the Internet and other
[[Page 16263]]
information technologies to provide increased opportunities for citizen
access to Government information and services, and for other purposes.
Further, the Committee's meeting was widely publicized throughout
the avocado industry and all interested persons were invited to attend
the meeting and participate in Committee deliberations. Like all
Committee meetings, the April 19, 2006, meeting was a public meeting
and all entities, both large and small, were able to express their
views on this issue.
An interim final rule concerning this action was published in the
Federal Register on December 22, 2006. Copies of the rule were mailed
by the Committee's staff to all Committee members and avocado handlers.
In addition, the rule was made available through the Internet by USDA
and the Office of the Federal Register. That rule provided for a 60-day
comment period which ended February 20, 2007. 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/fv/moab.html. Any questions about the compliance
guide should be sent to Jay Guerber at the previously mentioned address
in the FOR FURTHER INFORMATION CONTACT section.
After consideration of all relevant material presented, including
the Committee's recommendation, and other information, it is found that
finalizing the interim final rule, without change, as published in the
Federal Register (71 FR 76897, December 22, 2006) will tend to
effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 915
Avocados, Marketing agreements, Reporting and recordkeeping
requirements.
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
0
Accordingly, the interim final rule amending 7 CFR part 915 which was
published at 71 FR 76897 on December 22, 2006, is adopted as a final
rule without change.
Dated: March 29, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E7-6243 Filed 4-3-07; 8:45 am]
BILLING CODE 3410-02-P