Avocados Grown in South Florida and Imported Avocados; Clarification of the Avocado Grade Requirements, 35498-35501 [2014-14405]
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35498
Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Proposed Rules
Under this definition, an employee
who is legally married to a same-sex
spouse in one State and who resides or
works in a State where the marriage is
not legally recognized may use FMLA
leave for his or her spouse. This
proposed regulation deviates from
DOL’s current regulatory definition of
spouse as ‘‘a husband or wife as defined
or recognized under State law for
purposes of marriage in the State where
the employee resides, including
common law marriage in States where it
is recognized.’’ (See 29 CFR 825.102
(emphasis added).) However, DOL is
concurrently issuing a Notice of
Proposed Rulemaking that will propose
to change the definition of spouse.
OPM’s proposed definition in this
NPRM is the same as DOL’s proposed
definition.
OPM believes that this definition of
spouse is appropriate for the Federal
workforce and that Federal employees
would benefit from this broader
definition. To support an agency’s
mission, employees may be stationed in
a State other than the State of their
marriage, and, at times, relocated
throughout the United States and
abroad. Accordingly, consistent with
DOL’s Notice of Proposed Rulemaking,
OPM believes that using this definition
of spouse will enable the Federal
Government to consider the needs of a
diverse workforce and provide
consistent application of policy across
the Federal Government. Uniform
treatment of all Federal employees will
make it more likely that employees will
accept voluntary details and transfers to
States where a same-sex marriage is not
recognized.
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Children of Same-Sex Couples
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Conforming Amendments
We are also proposing conforming
amendments to revise the definition of
parent and add a definition for State to
align with DOL’s definitions of these
terms. DOL revised its definition of
parent on November 17, 2008, at 73 FR
67934, to include adoptive, step, or
foster parents. This change will permit
an employee to use FMLA leave to care
for a stepparent who did not stand in
loco parentis to the employee when the
employee was a child. The definition of
State clarifies that the term, as used in
the definition of spouse, includes the
District of Columbia and any Territory
or possession of the United States.
Executive Order 13563 and Executive
Order 12866
The Office of Management and Budget
has reviewed this rule in accordance
with E.O. 13563 and 12866.
Regulatory Flexibility Act
I certify that this regulation will not
have a significant economic impact on
a substantial number of small entities
because it will apply only to Federal
agencies and employees.
List of Subjects in 5 CFR Part 630
Government employees.
U.S. Office of Personnel Management.
Katherine Archuleta,
Director.
Accordingly, OPM proposes to amend
5 CFR part 630 as follows:
2. In § 630.1202, the definitions of
parent and spouse are revised and the
definition of State is added in
alphabetical order to read as follows:
■
§ 630.1202
Definitions.
*
*
*
*
*
Parent means a biological, adoptive,
step, or foster father or mother, or any
individual who stood in loco parentis to
the employee when the employee was a
son or daughter as defined below. This
term does not include parents ‘‘in law.’’
*
*
*
*
*
Spouse, as defined in the statute,
means a husband or wife. For purposes
of this definition, husband or wife refers
to the other person with whom an
individual entered into marriage as
defined or recognized under State law
for purposes of marriage in the State
where the marriage was entered into or,
in the case of a marriage entered into
outside of any State, if the marriage is
valid in the place where entered into
and could have been entered into in at
least one State. This definition includes
an individual in a same-sex or common
law marriage that either:
(1) Was entered into in a State that
recognizes such marriages; or
(2) If entered into outside of any State,
was valid in the place where entered
into and could have been entered into
in at least one State.
*
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*
State means any State of the United
States or the District of Columbia or any
Territory or possession of the United
States.
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[FR Doc. 2014–14514 Filed 6–20–14; 8:45 am]
PART 630—ABSENCE AND LEAVE
BILLING CODE 6325–39–P
1. The authority citation for part 630
continues to read as follows:
DEPARTMENT OF AGRICULTURE
■
By clarifying that a same-sex spouse
qualifies as a spouse for purposes of the
FMLA, children of an employee’s samesex spouse now qualify as stepchildren
because their parents are in a legal
same-sex marriage. Same-sex spouses
who stand in loco parentis to the
spouse’s child are already entitled to
take FMLA leave to care for the child.
Additionally, the proposed rule clarifies
that same-sex spouses are able to take
leave to care for their spouse’s child by
virtue of being the child’s stepparent
regardless of whether they stand in loco
parentis. For information about the
ability of employees to take FMLA leave
for the children of their domestic
partners, employees should review the
OPM memorandum CPM 2010–15, sent
to agencies on August 31, 2010, titled
‘‘Interpretation of ‘Son or Daughter’
Under the Family and Medical Leave
Act,’’ available at www.chcoc.gov/
VerDate Mar<15>2010
Transmittals/TransmittalDetails.aspx?
TransmittalID=3122.
Authority: 5 U.S.C. 6311; § 630.205 also
issued under Pub. L. 108–411, 118 Stat 2312;
§ 630.301 also issued under Pub. L. 103–356,
108 Stat. 3410 and Pub. L. 108–411, 118 Stat
2312; § 630.303 also issued under 5 U.S.C.
6133(a); §§ 630.306 and 630.308 also issued
under 5 U.S.C. 6304(d)(3), Pub. L. 102–484,
106 Stat. 2722, and Pub. L. 103–337, 108 Stat.
2663; subpart D also issued under Pub. L.
103–329, 108 Stat. 2423; § 630.501 and
subpart F also issued under E.O. 11228, 30
FR 7739, 3 CFR, 1974 Comp., p. 163; subpart
G also issued under 5 U.S.C. 6305; subpart
H also issued under 5 U.S.C. 6326; subpart
I also issued under 5 U.S.C. 6332, Pub. L.
100–566, 102 Stat. 2834, and Pub. L. 103–
103, 107 Stat. 1022; subpart J also issued
under 5 U.S.C. 6362, Pub. L 100–566, and
Pub. L. 103–103; subpart K also issued under
Pub. L. 105–18, 111 Stat. 158; subpart L also
issued under 5 U.S.C. 6387 and Pub. L. 103–
3, 107 Stat. 23; and subpart M also issued
under 5 U.S.C. 6391 and Pub. L. 102–25, 105
Stat. 92.
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Agricultural Marketing Service
7 CFR Parts 915 and 944
[Doc. No. AMS–FV–13–0069; FV13–915–3
PR]
Avocados Grown in South Florida and
Imported Avocados; Clarification of
the Avocado Grade Requirements
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule invites
comments on changes to the minimum
grade requirements currently prescribed
under the Florida avocado marketing
order (order) and a technical correction
to the avocado import regulation. The
order regulates the handling of avocados
SUMMARY:
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Federal Register / Vol. 79, No. 120 / Monday, June 23, 2014 / Proposed Rules
grown in South Florida, and is
administered locally by the Avocado
Administrative Committee (Committee).
For South Florida-grown avocados, this
proposed rule would align the
regulations with current industry
practice. It would remove language
permitting the commingling of avocados
with dissimilar characteristics in
containers for shipment within the
production area. All avocado shipments
within the production area would need
to meet the provisions of a U.S. No. 2
grade, as provided in the United States
Standards for Grades of Florida
Avocados. For imported avocados, this
rule would also make a technical
correction to the avocado import
regulation to clarify that the minimum
grade requirement for imported
avocados remains unchanged at a U.S.
No. 2.
Comments must be received by
July 23, 2014.
DATES:
Interested persons are
invited to submit written comments
concerning this proposal. 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 proposal
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
comments will be made public on the
internet at the address provided above.
ADDRESSES:
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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–
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2491, Fax: (202) 720–8938, or Email:
Jeffrey.Smutny@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This
proposal 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.’’
This proposed rule is also issued
under section 8e of the Act, 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 the domestically produced
commodities.
The Department of Agriculture
(USDA) is issuing this proposed rule in
conformance with Executive Orders
12866, 13563, and 13175.
This proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. This action 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 proposal invites comments on
revisions to the grade requirements
currently prescribed under the order
and the avocado import regulation. This
proposed rule would remove language
permitting the commingling of avocados
with dissimilar characteristics for
shipment within the production area.
This would require all avocados
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shipped within the production area to
meet the provisions of a U.S. No. 2
grade, as provided in the United States
Standards for Grades of Florida
Avocados. This rule would also make a
technical correction to the avocado
import regulation to clarify that the
minimum grade requirement for
imported avocados remains unchanged
at a U.S. No. 2.
Section 915.51 of the order provides,
in part, authority to issue regulations
establishing specific grade and pack
requirements for avocados. Section
915.52 of the order provides authority
for the modification, suspension, or
termination of established regulations.
Section 915.306 of the order’s
container and pack regulations prescribe
grade, pack, and container marking
requirements for Florida avocados.
Paragraph (a)(1) of that section
prescribes, in part, the grade
requirements for avocados shipped
within the production area. Minimum
grade and size requirements for
avocados imported into the United
States are currently in effect under
§ 944.28.
In reviewing the Florida avocado
regulations, it was noted that paragraph
(a)(1) of § 915.306 of the regulations
currently states that avocados must
grade at least U.S. No. 2 but also allows
for the commingling of different shapes
and sizes within the same container.
However, the provisions of the U.S. No.
2 grade require that avocados packed in
the same container be similar in shape
and size.
USDA requested that the Committee
review the Florida avocado regulations
regulatory language in regards to grade
for shipments within the production
area. The Committee responded that the
language permitting commingling was
added to the regulations in 1992 to
allow handlers to ship quantities of fruit
of different shapes and sizes in the same
container to make more fruit available
for shipment within the production
area. Committee members agreed that
handlers no longer use this provision as
ample fruit is available to fill the
containers with avocados of the same
shape and size. Consequently, in a June
12, 2013, meeting, the Committee
recommended removing the language
permitting commingling to align the
regulations with current industry
practices and with the United States
Standards for Grades of Florida
Avocados (7 CFR 51.3050 through
51.3069). This action would remove the
language permitting the commingling of
avocados with dissimilar characteristics,
requiring all avocados shipped within
the production area to meet the
provisions of a U.S. No. 2 grade, as
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provided in the United States Standards
for Grades of Florida Avocados.
This action would also make a
technical correction to the grade
requirements under the avocado import
regulation. 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, or
maturity requirements. As it is the only
marketing order covering avocados,
import requirements are based on the
marketing order for avocados grown in
South Florida.
The minimum grade requirement for
Florida avocados shipped outside the
production area was recently increased
by a final rule (78 FR 51041) from a U.S.
No. 2 to a U.S. Combination grade. The
change in grade applies only to Florida
avocados shipped outside the
production area. The less restrictive
U.S. No. 2 grade would continue to
apply to shipments within the
production area and to imported
avocados. As indicated in the final rule,
this action would make a technical
correction to the import regulation to
clarify that the minimum grade
requirement for imported avocados
remains unchanged at a U.S. No. 2,
which is the same grade requirement for
avocados shipped within the production
area.
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 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 260
importers of avocados. Small
agricultural service firms, which
include avocado handlers and
importers, are defined by the Small
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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 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 provided by
the Committee, 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
avocados was around $1.1 billion 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.
Mexico, Chile, Peru, and Dominican
Republic are the major production areas
exporting avocados to the United States.
In 2013, shipments of avocados
imported into the United States totaled
nearly 572,000 metric tons. Mexico
accounted for around 509,700 metric
tons, with 23,400 metric tons from
Chile, 21,600 metric tons from Peru, and
17,000 metric tons were imported from
the Dominican Republic.
This proposed rule would remove
language permitting the commingling of
avocados with dissimilar characteristics
for shipments within the production
area. This would require all avocados
shipped within the production area to
meet the provisions of a U.S. No. 2
grade, as provided in the United States
Standards for Grades of Florida
Avocados. This proposal would revise
the grade requirements currently
prescribed for Florida avocados shipped
within the production area under
§ 915.306 of the regulations. This
proposed change would align marketing
order regulations with current industry
practices and with the United States
Standards for Grades of Florida
Avocados. Authority for this action is
provided in §§ 915.51 and 915.52 of the
order. This action would also make a
technical correction to the avocado
import regulation, § 944.28, to clarify
that the minimum grade requirement for
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imported avocados remains unchanged
at a U.S. No. 2.
Any costs associated with this change
are anticipated to be minimal.
Committee members indicated that the
industry no longer ships containers of
dissimilar fruit within the production
area. In addition, the volume of U.S. No.
2 grade Florida avocados shipped
during a season is small, representing
less than one percent of total annual
shipments. Further, any impact from
this action would be limited to the
volume of fruit shipped within the
production area. Therefore,
implementation of this proposed rule is
not expected to impact the volume of
fruit being utilized nor would it impact
the total volume of Florida avocados on
the market. There is no anticipated
impact on import volume, as the
proposed change to those requirements
is merely a clarification. The effects of
this proposed rule are not expected to
be disproportionately greater or less for
small handlers or growers than for large
entities.
The only alternative the Committee
considered was leaving the regulations
for shipments within the production
area unchanged. However, Committee
members agreed that this language was
outdated as the industry no longer
commingles shapes and sizes in
production area shipments. Therefore,
this alternative was rejected.
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 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.
Accordingly, this action would not
impose any 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.
USDA has not identified any relevant
Federal rules that duplicate, overlap or
conflict with this proposed rule.
However, as previously stated, imported
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avocados and those shipped within the
production area must meet the
applicable requirements for grade, as
specified in the United States Standards
for Grades of Florida Avocados (7 CFR
51.3050 through 51.3069) issued under
the Agricultural Marketing Act of 1946
(7 U.S.C. 1621 through 1627).
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 on all issues.
Like all Committee meetings, the June
12, 2013, meeting was a public meeting.
All entities, both large and small, were
able to express views on this issue.
Finally, interested persons are invited to
submit comments on this proposed 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.
In accordance with section 8e of the
Act, the United States Trade
Representative has concurred with the
issuance of this proposed rule.
A 30-day comment period is provided
to allow interested persons to respond
to this proposal. Thirty days is deemed
appropriate as this proposed rule should
be in place as soon as possible because
handlers begin shipping in mid-May,
and the technical correction to the
import regulation is to clarify that the
grade requirement is unchanged. All
written comments timely received will
be considered before a final
determination is made on this matter.
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7 CFR Part 915
Avocados, Marketing agreements,
Reporting and recordkeeping
requirements.
1. The authority citation for 7 CFR
part 915 continues to read as follows:
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§ 915.306 Florida avocado grade, pack,
and container marking regulation.
(a) * * *
(1) Such avocados grade at least U.S.
Combination, except that avocados
handled to destinations within the
production area grade at least U.S. No.
2.
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PART 944—FRUITS; IMPORT
REGULATIONS
3. The authority citation for 7 CFR
part 944 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
4. In § 944.28, paragraph (a) is revised
to read as follows:
(a) Pursuant to section 8e of the Act
and Part 944—Fruits; Import
Regulations, the importation into the
United States of any avocados is
prohibited unless such avocados grade
at least U.S. No. 2, as such grade is
defined in the United States Standards
for Grades of Florida Avocados (7 CFR
51.3050 through 51.3069).
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Dated: June 16, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2014–14405 Filed 6–20–14; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 35
[Docket No. RM14–11–000]
Federal Energy Regulatory
Commission, Energy.
ACTION: Notice of proposed rulemaking;
correction.
AGENCY:
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
proposed to be amended as follows:
■
2. In § 915.306, paragraph (a)(1) is
revised to read as follows:
Open Access and Priority Rights on
Interconnection Customer’s
Interconnection Facilities
List of Subjects
PART 915—AVOCADOS GROWN IN
SOUTH FLORIDA
Authority: 7 U.S.C. 601–674.
■
This document contains
corrections to the proposed rule (RM14–
11–000) which published in the Federal
Register of Friday, May 30, 2014 (79 FR
31061). The regulation proposed to
amend regulations to waive the Open
Access Transmission Tariff
requirements, the Open Access SameTime Information System requirements
of its regulations, and the Standards of
Conduct requirements of its regulations,
SUMMARY:
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for any public utility that is subject to
such requirements solely because it
owns, controls, or operates
Interconnection Customer’s
Interconnection Facilities, in whole or
in part, and sells electric energy from its
Generating Facility, as those terms are
defined in the pro forma Large
Generator Interconnection Procedures
and the pro forma Large Generator
Interconnection Agreement and adopted
in Order No. 2003. The Commission
proposed to find that requiring the filing
of an Open Access Transmission Tariff
is not necessary to prevent unjust or
unreasonable rates or unduly
discriminatory behavior with respect to
Interconnection Customer’s
Interconnection Facilities over which
interconnection and transmission
services can be ordered pursuant to
sections 210, 211, and 212 of the
Federal Power Act.
DATES: Comments are due July 29, 2014.
FOR FURTHER INFORMATION CONTACT:
Becky Robinson (Technical
Information), Office of Energy Policy
and Innovation, Federal Energy
Regulatory Commission, 888 First
Street NE., Washington, DC 20426,
(202) 502–8868, Becky.Robinson@
ferc.gov.
Brian Gish (Legal Information), Office of
the General Counsel—Energy Markets,
Federal Energy Regulatory
Commission, 888 First Street NE.,
Washington, DC 20426, (202) 502–
8998, Brian.Gish@ferc.gov.
SUPPLEMENTARY INFORMATION: On May
15, 2014, the Commission issued a
Notice of Proposed Rulemaking (NOPR)
in the above-captioned proceeding.
Open Access and Priority Rights on
Interconnection Customer’s
Interconnection Facilities, 147 FERC
¶ 61,123 (2014). This errata notice
makes several corrections to the NOPR
as issued.
In FR Doc. 2014–11946 appearing on
page 31061 in the Federal Register of
Friday, May 30, 2014, the following
corrections are made:
■ 1. On page 31072, second column,
first paragraph, the first sentence of
section 35.28(d)(1) of the proposed
regulatory text is revised to read as
follows:
‘‘A public utility subject to the
requirements of this section and 18 CFR
parts 37 (Open Access Same-Time
Information System) and 358 (Standards
of Conduct for Transmission Providers)
may file a request for waiver of all or
part of such requirements for good cause
shown.’’
■ 2. On page 31072, second column,
fourth paragraph, the first sentence of
section 35.28(d)(2)(ii) of the proposed
E:\FR\FM\23JNP1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 120 (Monday, June 23, 2014)]
[Proposed Rules]
[Pages 35498-35501]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-14405]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 915 and 944
[Doc. No. AMS-FV-13-0069; FV13-915-3 PR]
Avocados Grown in South Florida and Imported Avocados;
Clarification of the Avocado Grade Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule invites comments on changes to the minimum
grade requirements currently prescribed under the Florida avocado
marketing order (order) and a technical correction to the avocado
import regulation. The order regulates the handling of avocados
[[Page 35499]]
grown in South Florida, and is administered locally by the Avocado
Administrative Committee (Committee). For South Florida-grown avocados,
this proposed rule would align the regulations with current industry
practice. It would remove language permitting the commingling of
avocados with dissimilar characteristics in containers for shipment
within the production area. All avocado shipments within the production
area would need to meet the provisions of a U.S. No. 2 grade, as
provided in the United States Standards for Grades of Florida Avocados.
For imported avocados, this rule would also make a technical correction
to the avocado import regulation to clarify that the minimum grade
requirement for imported avocados remains unchanged at a U.S. No. 2.
DATES: Comments must be received by July 23, 2014.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposal. 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
proposal 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 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 proposal 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.''
This proposed rule is also issued under section 8e of the Act,
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 the domestically produced
commodities.
The Department of Agriculture (USDA) is issuing this proposed rule
in conformance with Executive Orders 12866, 13563, and 13175.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This action 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 proposal invites comments on revisions to the grade
requirements currently prescribed under the order and the avocado
import regulation. This proposed rule would remove language permitting
the commingling of avocados with dissimilar characteristics for
shipment within the production area. This would require all avocados
shipped within the production area to meet the provisions of a U.S. No.
2 grade, as provided in the United States Standards for Grades of
Florida Avocados. This rule would also make a technical correction to
the avocado import regulation to clarify that the minimum grade
requirement for imported avocados remains unchanged at a U.S. No. 2.
Section 915.51 of the order provides, in part, authority to issue
regulations establishing specific grade and pack requirements for
avocados. Section 915.52 of the order provides authority for the
modification, suspension, or termination of established regulations.
Section 915.306 of the order's container and pack regulations
prescribe grade, pack, and container marking requirements for Florida
avocados. Paragraph (a)(1) of that section prescribes, in part, the
grade requirements for avocados shipped within the production area.
Minimum grade and size requirements for avocados imported into the
United States are currently in effect under Sec. 944.28.
In reviewing the Florida avocado regulations, it was noted that
paragraph (a)(1) of Sec. 915.306 of the regulations currently states
that avocados must grade at least U.S. No. 2 but also allows for the
commingling of different shapes and sizes within the same container.
However, the provisions of the U.S. No. 2 grade require that avocados
packed in the same container be similar in shape and size.
USDA requested that the Committee review the Florida avocado
regulations regulatory language in regards to grade for shipments
within the production area. The Committee responded that the language
permitting commingling was added to the regulations in 1992 to allow
handlers to ship quantities of fruit of different shapes and sizes in
the same container to make more fruit available for shipment within the
production area. Committee members agreed that handlers no longer use
this provision as ample fruit is available to fill the containers with
avocados of the same shape and size. Consequently, in a June 12, 2013,
meeting, the Committee recommended removing the language permitting
commingling to align the regulations with current industry practices
and with the United States Standards for Grades of Florida Avocados (7
CFR 51.3050 through 51.3069). This action would remove the language
permitting the commingling of avocados with dissimilar characteristics,
requiring all avocados shipped within the production area to meet the
provisions of a U.S. No. 2 grade, as
[[Page 35500]]
provided in the United States Standards for Grades of Florida Avocados.
This action would also make a technical correction to the grade
requirements under the avocado import regulation. 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,
or maturity requirements. As it is the only marketing order covering
avocados, import requirements are based on the marketing order for
avocados grown in South Florida.
The minimum grade requirement for Florida avocados shipped outside
the production area was recently increased by a final rule (78 FR
51041) from a U.S. No. 2 to a U.S. Combination grade. The change in
grade applies only to Florida avocados shipped outside the production
area. The less restrictive U.S. No. 2 grade would continue to apply to
shipments within the production area and to imported avocados. As
indicated in the final rule, this action would make a technical
correction to the import regulation to clarify that the minimum grade
requirement for imported avocados remains unchanged at a U.S. No. 2,
which is the same grade requirement for avocados shipped within the
production area.
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 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 260 importers of
avocados. 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 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 provided by the Committee, 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
avocados was around $1.1 billion 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.
Mexico, Chile, Peru, and Dominican Republic are the major
production areas exporting avocados to the United States. In 2013,
shipments of avocados imported into the United States totaled nearly
572,000 metric tons. Mexico accounted for around 509,700 metric tons,
with 23,400 metric tons from Chile, 21,600 metric tons from Peru, and
17,000 metric tons were imported from the Dominican Republic.
This proposed rule would remove language permitting the commingling
of avocados with dissimilar characteristics for shipments within the
production area. This would require all avocados shipped within the
production area to meet the provisions of a U.S. No. 2 grade, as
provided in the United States Standards for Grades of Florida Avocados.
This proposal would revise the grade requirements currently prescribed
for Florida avocados shipped within the production area under Sec.
915.306 of the regulations. This proposed change would align marketing
order regulations with current industry practices and with the United
States Standards for Grades of Florida Avocados. Authority for this
action is provided in Sec. Sec. 915.51 and 915.52 of the order. This
action would also make a technical correction to the avocado import
regulation, Sec. 944.28, to clarify that the minimum grade requirement
for imported avocados remains unchanged at a U.S. No. 2.
Any costs associated with this change are anticipated to be
minimal. Committee members indicated that the industry no longer ships
containers of dissimilar fruit within the production area. In addition,
the volume of U.S. No. 2 grade Florida avocados shipped during a season
is small, representing less than one percent of total annual shipments.
Further, any impact from this action would be limited to the volume of
fruit shipped within the production area. Therefore, implementation of
this proposed rule is not expected to impact the volume of fruit being
utilized nor would it impact the total volume of Florida avocados on
the market. There is no anticipated impact on import volume, as the
proposed change to those requirements is merely a clarification. The
effects of this proposed rule are not expected to be disproportionately
greater or less for small handlers or growers than for large entities.
The only alternative the Committee considered was leaving the
regulations for shipments within the production area unchanged.
However, Committee members agreed that this language was outdated as
the industry no longer commingles shapes and sizes in production area
shipments. Therefore, this alternative was rejected.
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 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.
Accordingly, this action would not impose any 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.
USDA has not identified any relevant Federal rules that duplicate,
overlap or conflict with this proposed rule. However, as previously
stated, imported
[[Page 35501]]
avocados and those shipped within the production area must meet the
applicable requirements for grade, as specified in the United States
Standards for Grades of Florida Avocados (7 CFR 51.3050 through
51.3069) issued under the Agricultural Marketing Act of 1946 (7 U.S.C.
1621 through 1627).
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 on all
issues. Like all Committee meetings, the June 12, 2013, meeting was a
public meeting. All entities, both large and small, were able to
express views on this issue. Finally, interested persons are invited to
submit comments on this proposed 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.
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this proposed rule.
A 30-day comment period is provided to allow interested persons to
respond to this proposal. Thirty days is deemed appropriate as this
proposed rule should be in place as soon as possible because handlers
begin shipping in mid-May, and the technical correction to the import
regulation is to clarify that the grade requirement is unchanged. All
written comments timely received will be considered before a final
determination is made on this matter.
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 proposed to be 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. 915.306, paragraph (a)(1) is revised to read as follows:
Sec. 915.306 Florida avocado grade, pack, and container marking
regulation.
(a) * * *
(1) Such avocados grade at least U.S. Combination, except that
avocados handled to destinations within the production area grade at
least U.S. No. 2.
* * * * *
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. 944.28, paragraph (a) is revised to read as follows:
(a) Pursuant to section 8e of the Act and Part 944--Fruits; Import
Regulations, the importation into the United States of any avocados is
prohibited unless such avocados grade at least U.S. No. 2, as such
grade is defined in the United States Standards for Grades of Florida
Avocados (7 CFR 51.3050 through 51.3069).
* * * * *
Dated: June 16, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-14405 Filed 6-20-14; 8:45 am]
BILLING CODE 3410-02-P
