Avocados Grown in South Florida; Increased Assessment Rate, 2773-2775 [2014-00753]
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Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Rules and Regulations
the additional transfers possibly
attributable to the increase in flexibility
to SFAs are likely within the cost
estimate range published with the
interim rule 48 and updated above.
VIII. Accounting Statement
As required by OMB Circular A–4
(available at https://
www.whitehouse.gov/sites/default/files/
omb/assets/regulatory_matters_pdf/a4.pdf), we have prepared an accounting
statement showing the annualized
estimates of benefits, costs and transfers
associated with the provisions of this
final rule.
The figures in the accounting
statement are the estimated discounted,
annualized costs and transfers of the
rule. The figures are computed from the
nominal 5-year estimates developed
above and summarized in Table 3. The
accounting statement contains figures
computed with 7 percent and 3 percent
discount rates for both our upper bound
(primary) estimate and our alternate
estimate.
Note that we only provide an
accounting statement for the final rule,
not for the interim rule (as the interim
rule was the baseline for our cost
Year
dollar
Estimate
2773
analysis for the final rule). As noted in
the above analysis, any possible changes
in costs or transfers attributed to the
final rule are small and are likely within
the cost estimate range published with
the interim rule and updated above.
Illustration of Computation
The annualized value of this
discounted cost stream over FY 2013–
2017 is computed with the following
formula, where PV is the discounted
present value of the cost stream, i is the
discount rate (e.g., 7 percent), and n is
the number of years (5): 49
Discount
rate
%
Period covered
Benefits
Qualitative: Compared with the interim rule, the final rule makes permanent the increased flexibility for SFAs regarding weekly maximum grains
and meat/meat alternates and the serving of frozen fruit with added sugar. If the greater flexibility leads to more SFA participation in the reimbursable school meals program, then students’ health may improve.
Costs
Annualized Monetized ($millions/year) ...................
n.a.
2013
7 FY 2013–2017.
n.a.
2013
3
As discussed in Section V.A., the reduction in administrative costs to State agencies as a result of the reduced quarterly reporting requirement
on SFA compliance is already in the range estimated for our baseline. The reduction in burden for State agencies who will no longer have to
submit quarterly reports on SFA compliance once all SFAs have been certified is minimal. The final rule may also slightly reduce the costs of
complying with the meal patterns for some SFAs, and reduce the costs of maintaining compliance by others. This reduction in SFA cost is not
estimated, and likely lies within our range of alternate estimates for the interim rule.
Transfers
Annualized Monetized ($millions/year) ...................
n.a.
n.a.
2013
2013
7
3
FY 2013–2017.
The changes in the final rule that are designed to facilitate compliance with the new meal patterns are expected to increase slightly the number
of SFAs that are certified by their State agencies to receive the additional 6 cents per reimbursable lunch. This increased transfer from the
Federal government to SFAs will be realized after the end of SY 2013–2014 (primarily in FY 2014 and beyond) when the grains, meat/meat
alternate, and frozen fruit provisions contained in FNS policy memos would have expired in the absence of the rule. This possible, small increase in Federal transfers to SFAs also likely lies within our range of alternate estimates for the interim rule.
[FR Doc. 2014–00624 Filed 1–15–14; 8:45 am]
ACTION:
Agricultural Marketing Service
SUMMARY:
7 CFR Part 915
BILLING CODE 3410–30–P
ehiers on DSK2VPTVN1PROD with RULES
[Doc. No. AMS–FV–13–0054; FV13–915–2
FR]
Avocados Grown in South Florida;
Increased Assessment Rate
AGENCY:
Agricultural Marketing Service,
USDA.
48 Federal Register, Vol. 77, No. 82 pp. 25024–
25036.
VerDate Mar<15>2010
14:19 Jan 15, 2014
Jkt 232001
Final rule.
DEPARTMENT OF AGRICULTURE
This rule increases the
assessment rate established for the
Avocado Administrative Committee
(Committee) for the 2013–14 and
subsequent fiscal periods from $0.25 to
$0.30 per 55-pound bushel container of
Florida avocados handled. The
Committee locally administers the
marketing order, which regulates the
handling of avocados grown in South
Florida. Assessments upon Florida
avocado handlers are used by the
49 The Excel formula for this is PMT (rate, #
periods, PV, 0, 1)
PO 00000
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E:\FR\FM\16JAR1.SGM
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ER16JA14.003</GPH>
Dated: January 9, 2014.
Audrey Rowe,
Administrator, Food and Nutrition Service.
ehiers on DSK2VPTVN1PROD with RULES
2774
Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Rules and Regulations
Committee to fund reasonable and
necessary expenses of the program. The
fiscal period begins April 1 and ends
March 31. The assessment rate will
remain in effect indefinitely unless
modified, suspended, or terminated.
DATES: Effective Date: January 17, 2014.
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 Order No.
915, 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.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Orders
12866 and 13563.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. Under the marketing order now
in effect, Florida avocado handlers are
subject to assessments. Funds to
administer the order are derived from
such assessments. It is intended that the
assessment rate as issued herein will be
applicable to all assessable Florida
avocados beginning April 1, 2013, and
continue until amended, suspended, or
terminated.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. Such
handler is afforded the opportunity for
a hearing on the petition. After the
hearing, USDA would rule on the
petition. The Act provides that the
VerDate Mar<15>2010
14:19 Jan 15, 2014
Jkt 232001
district court of the United States in any
district in which the handler is an
inhabitant, or has his or her principal
place of business, has jurisdiction to
review USDA’s ruling on the petition,
provided an action is filed not later than
20 days after the date of the entry of the
ruling.
This rule increases the assessment
rate established for the Committee for
the 2013–14 and subsequent fiscal
periods from $0.25 to $0.30 per 55pound bushel container of avocados.
The Florida avocado marketing order
provides authority for the Committee,
with the approval of USDA, to formulate
an annual budget of expenses and
collect assessments from handlers to
administer the program. The members
of the Committee are producers and
handlers of Florida avocados. They are
familiar with the Committee’s needs and
with the costs of 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 2012–13 and subsequent fiscal
periods, the Committee recommended,
and USDA approved, an assessment rate
that would continue in effect from fiscal
period to fiscal period unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Committee or other
information available to USDA.
The Committee met on June 12, 2013,
and unanimously recommended 2013–
14 expenditures of $472,553 and an
assessment rate of $0.30 per 55-pound
container of avocados. In comparison,
last year’s budgeted expenditures were
$324,575. The assessment rate of $0.30
is $0.05 higher than the rate currently in
effect. The Committee recommended
increasing the assessment rate to
provide additional funds for research to
address the Laurel Wilt fungus, which
can infect and kill avocado trees.
The major expenditures
recommended by the Committee for the
2013–14 year include $175,000 for
research, $119,483 for salaries, and
$51,500 for employee benefits. Budgeted
expenses for these items in 2012–13
were $75,000, $101,705, and $48,000,
respectively.
The assessment rate recommended by
the Committee was derived by
reviewing anticipated expenses,
expected shipments of Florida
avocados, and available reserves.
Florida avocado shipments for the year
are estimated at 1,000,000 55-pound
bushel containers, which should
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
provide $300,000 in assessment income.
Income derived from handler
assessments and interest, and funds
from the Committee’s authorized
reserve, should be adequate to cover
budgeted expenses. Funds in the reserve
(currently $465,000) will be kept within
the maximum permitted by the order
(approximately three fiscal periods’
expenses, § 915.42).
The assessment rate established in
this rule will continue in effect
indefinitely unless modified,
suspended, or terminated by USDA
upon recommendation and information
submitted by the Committee or other
available information.
Although this assessment rate will be
in effect for an indefinite period, the
Committee will continue to meet prior
to or during each fiscal period 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
USDA. Committee meetings are open to
the public and interested persons may
express their views at these meetings.
USDA will evaluate Committee
recommendations and other available
information to determine whether
modification of the assessment rate is
needed, and further rulemaking will be
undertaken as necessary. The
Committee’s 2013–14 budget and those
for subsequent fiscal periods would be
reviewed and, as appropriate, approved
by USDA.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA)
(5 U.S.C. 601–612), 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
businesses subject to such actions in
order that small businesses will not be
unduly or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are approximately 30 handlers
of Florida avocados subject to regulation
under the order and approximately 300
producers of avocados in the production
area. Small agricultural service firms,
which include avocado handlers, are
defined by the Small Business
Administration (SBA) as those having
annual receipts of less than $7,000,000,
E:\FR\FM\16JAR1.SGM
16JAR1
ehiers on DSK2VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 11 / Thursday, January 16, 2014 / Rules and Regulations
and small agricultural producers are
defined as those having annual receipts
of 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.
Consequently, the majority of avocado
handlers and producers may be
classified as small entities.
This rule increases the assessment
rate for the 2013–14 and subsequent
fiscal periods from the current rate of
$0.25 to $0.30 per 55-pound bushel
container of avocados. The Committee
unanimously recommended the
increased assessment rate, and 2013–14
expenditures of $472,553. The increase
was recommended to provide an
additional $100,000 for research to
address the Laurel Wilt fungus, which
can infect and kill avocado trees. As
previously stated, income from handler
assessments and interest, and funds
from reserves, should be adequate to
meet this year’s expenses.
Alternative expenditure and
assessments levels were discussed prior
to arriving at this budget. However, the
Committee agreed on $472,553 in
expenditures, reviewed the quantity of
assessable avocados and available
reserves, and recommended an
assessment rate of $0.30 per 55-pound
bushel container.
This action increases the assessment
obligation imposed on handlers. While
assessments impose some additional
costs on handlers, the costs are minimal
and uniform on all handlers. Some of
the additional costs may be passed on
to producers. However, these costs are
offset by the benefits derived by the
operation of the marketing order. In
addition, the Committee’s meeting was
widely publicized throughout the
Florida avocado industry and all
interested persons were invited to
attend the meeting and participate in
Committee deliberations on all issues.
Like all Committee meetings, the June
12, 2013, meeting was a public meeting
and all entities, both large and small,
were able to express views on this issue.
In accordance with the Paperwork
Reduction Act of 1995, (44 U.S.C.
VerDate Mar<15>2010
14:19 Jan 15, 2014
Jkt 232001
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
OMB 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 imposes no additional
reporting or recordkeeping requirements
on either small or large Florida 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. As noted in the initial
regulatory flexibility analysis, USDA
has not identified any relevant Federal
rules that duplicate, overlap, or conflict
with this final rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
A proposed rule concerning this
action was published in the Federal
Register on September 17, 2013 (78 FR
57099). Copies of the proposed rule
were also mailed or sent via facsimile to
all Florida avocado handlers. Finally,
the proposal was made available
through the internet by USDA and the
Office of the Federal Register. A 15-day
comment period ending October 2,
2013, was provided for interested
persons to respond to the proposal. No
comments were received.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: 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.
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 is 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 handlers are already receiving
avocadoes from the 2013–14 crop from
growers, the fiscal period began on
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
2775
April 1, 2013, and the assessment rate
applies to all Florida avocados received
during the 2013–14 and subsequent
seasons. Further, handlers are aware of
this rule which was recommended at a
public meeting. Also, a 15-day comment
period was provided for in the proposed
rule and no comments were received.
List of Subjects in 7 CFR Part 915
Avocados, Reporting and
recordkeeping requirements.
For the reasons set forth in the
preamble, 7 CFR part 915 is 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. Section 915.235 is revised to read
as follows:
■
§ 915.235
Assessment rate.
On and after April 1, 2013, an
assessment rate of $0.30 per 55-pound
container or equivalent is established
for avocados grown in South Florida.
Dated: January 10, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–00753 Filed 1–15–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 930
[Doc. No. AMS–FV–13–0030; FV13–930–2
FIR]
Tart Cherries Grown in the States of
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin; Revising Handler
Reporting and Grower Diversion
Requirements
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that changed handler reporting and
grower diversion requirements
prescribed under the marketing order
for tart cherries grown in the States of
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin (order). The Cherry Industry
SUMMARY:
E:\FR\FM\16JAR1.SGM
16JAR1
]]>Agencies
[Federal Register Volume 79, Number 11 (Thursday, January 16, 2014)]
[Rules and Regulations]
[Pages 2773-2775]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-00753]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 915
[Doc. No. AMS-FV-13-0054; FV13-915-2 FR]
Avocados Grown in South Florida; Increased Assessment Rate
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule increases the assessment rate established for the
Avocado Administrative Committee (Committee) for the 2013-14 and
subsequent fiscal periods from $0.25 to $0.30 per 55-pound bushel
container of Florida avocados handled. The Committee locally
administers the marketing order, which regulates the handling of
avocados grown in South Florida. Assessments upon Florida avocado
handlers are used by the
[[Page 2774]]
Committee to fund reasonable and necessary expenses of the program. The
fiscal period begins April 1 and ends March 31. The assessment rate
will remain in effect indefinitely unless modified, suspended, or
terminated.
DATES: Effective Date: January 17, 2014.
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 Order
No. 915, 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.''
The Department of Agriculture (USDA) is issuing this rule in
conformance with Executive Orders 12866 and 13563.
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. Under the marketing order now in effect, Florida
avocado handlers are subject to assessments. Funds to administer the
order are derived from such assessments. It is intended that the
assessment rate as issued herein will be applicable to all assessable
Florida avocados beginning April 1, 2013, and continue until amended,
suspended, or terminated.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 608c(15)(A) of the
Act, any handler subject to an order may file with USDA a petition
stating that the order, any provision of the order, or any obligation
imposed in connection with the order is not in accordance with law and
request a modification of the order or to be exempted therefrom. Such
handler is afforded the opportunity for a hearing on the petition.
After the hearing, USDA would rule on the petition. The Act provides
that the district court of the United States in any district in which
the handler is an inhabitant, or has his or her principal place of
business, has jurisdiction to review USDA's ruling on the petition,
provided an action is filed not later than 20 days after the date of
the entry of the ruling.
This rule increases the assessment rate established for the
Committee for the 2013-14 and subsequent fiscal periods from $0.25 to
$0.30 per 55-pound bushel container of avocados.
The Florida avocado marketing order provides authority for the
Committee, with the approval of USDA, to formulate an annual budget of
expenses and collect assessments from handlers to administer the
program. The members of the Committee are producers and handlers of
Florida avocados. They are familiar with the Committee's needs and with
the costs of 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 2012-13 and subsequent fiscal periods, the Committee
recommended, and USDA approved, an assessment rate that would continue
in effect from fiscal period to fiscal period unless modified,
suspended, or terminated by USDA upon recommendation and information
submitted by the Committee or other information available to USDA.
The Committee met on June 12, 2013, and unanimously recommended
2013-14 expenditures of $472,553 and an assessment rate of $0.30 per
55-pound container of avocados. In comparison, last year's budgeted
expenditures were $324,575. The assessment rate of $0.30 is $0.05
higher than the rate currently in effect. The Committee recommended
increasing the assessment rate to provide additional funds for research
to address the Laurel Wilt fungus, which can infect and kill avocado
trees.
The major expenditures recommended by the Committee for the 2013-14
year include $175,000 for research, $119,483 for salaries, and $51,500
for employee benefits. Budgeted expenses for these items in 2012-13
were $75,000, $101,705, and $48,000, respectively.
The assessment rate recommended by the Committee was derived by
reviewing anticipated expenses, expected shipments of Florida avocados,
and available reserves. Florida avocado shipments for the year are
estimated at 1,000,000 55-pound bushel containers, which should provide
$300,000 in assessment income. Income derived from handler assessments
and interest, and funds from the Committee's authorized reserve, should
be adequate to cover budgeted expenses. Funds in the reserve (currently
$465,000) will be kept within the maximum permitted by the order
(approximately three fiscal periods' expenses, Sec. 915.42).
The assessment rate established in this rule will continue in
effect indefinitely unless modified, suspended, or terminated by USDA
upon recommendation and information submitted by the Committee or other
available information.
Although this assessment rate will be in effect for an indefinite
period, the Committee will continue to meet prior to or during each
fiscal period 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 USDA.
Committee meetings are open to the public and interested persons may
express their views at these meetings. USDA will evaluate Committee
recommendations and other available information to determine whether
modification of the assessment rate is needed, and further rulemaking
will be undertaken as necessary. The Committee's 2013-14 budget and
those for subsequent fiscal periods would be reviewed and, as
appropriate, approved by USDA.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA) (5 U.S.C. 601-612), 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
businesses subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and the rules issued thereunder, are unique in
that they are brought about through group action of essentially small
entities acting on their own behalf.
There are approximately 30 handlers of Florida avocados subject to
regulation under the order and approximately 300 producers of avocados
in the production area. Small agricultural service firms, which include
avocado handlers, are defined by the Small Business Administration
(SBA) as those having annual receipts of less than $7,000,000,
[[Page 2775]]
and small agricultural producers are defined as those having annual
receipts of 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.
Consequently, the majority of avocado handlers and producers may be
classified as small entities.
This rule increases the assessment rate for the 2013-14 and
subsequent fiscal periods from the current rate of $0.25 to $0.30 per
55-pound bushel container of avocados. The Committee unanimously
recommended the increased assessment rate, and 2013-14 expenditures of
$472,553. The increase was recommended to provide an additional
$100,000 for research to address the Laurel Wilt fungus, which can
infect and kill avocado trees. As previously stated, income from
handler assessments and interest, and funds from reserves, should be
adequate to meet this year's expenses.
Alternative expenditure and assessments levels were discussed prior
to arriving at this budget. However, the Committee agreed on $472,553
in expenditures, reviewed the quantity of assessable avocados and
available reserves, and recommended an assessment rate of $0.30 per 55-
pound bushel container.
This action increases the assessment obligation imposed on
handlers. While assessments impose some additional costs on handlers,
the costs are minimal and uniform on all handlers. Some of the
additional costs may be passed on to producers. However, these costs
are offset by the benefits derived by the operation of the marketing
order. In addition, the Committee's meeting was widely publicized
throughout the Florida avocado industry and all interested persons were
invited to attend the meeting and participate in Committee
deliberations on all issues. Like all Committee meetings, the June 12,
2013, meeting was a public meeting and all entities, both large and
small, were able to express views on this issue.
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 OMB 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 imposes no additional reporting or recordkeeping
requirements on either small or large Florida 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. As noted in the
initial regulatory flexibility analysis, USDA has not identified any
relevant Federal rules that duplicate, overlap, or conflict with this
final rule.
AMS is committed to complying with the E-Government Act, to promote
the use of the internet and other information technologies to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
A proposed rule concerning this action was published in the Federal
Register on September 17, 2013 (78 FR 57099). Copies of the proposed
rule were also mailed or sent via facsimile to all Florida avocado
handlers. Finally, the proposal was made available through the internet
by USDA and the Office of the Federal Register. A 15-day comment period
ending October 2, 2013, was provided for interested persons to respond
to the proposal. No comments were received.
A small business guide on complying with fruit, vegetable, and
specialty crop marketing agreements and orders may be viewed at: 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.
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 is 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 handlers are
already receiving avocadoes from the 2013-14 crop from growers, the
fiscal period began on April 1, 2013, and the assessment rate applies
to all Florida avocados received during the 2013-14 and subsequent
seasons. Further, handlers are aware of this rule which was recommended
at a public meeting. Also, a 15-day comment period was provided for in
the proposed rule and no comments were received.
List of Subjects in 7 CFR Part 915
Avocados, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, 7 CFR part 915 is
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. Section 915.235 is revised to read as follows:
Sec. 915.235 Assessment rate.
On and after April 1, 2013, an assessment rate of $0.30 per 55-
pound container or equivalent is established for avocados grown in
South Florida.
Dated: January 10, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-00753 Filed 1-15-14; 8:45 am]
BILLING CODE 3410-02-P
