[Federal Register Volume 79, Number 179 (Tuesday, September 16, 2014)]
[Rules and Regulations]
[Pages 55351-55354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22052]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / 
Rules and Regulations  

[[Page 55351]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 915 and 944

[Doc. No. AMS-FV-14-0051; FV14-915-1 IR]


Avocados Grown in South Florida and Imported Avocados; Change in 
Maturity Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This rule changes the maturity requirements currently 
prescribed under the Florida avocado marketing order (order). The order 
regulates the handling of avocados grown in South Florida and is 
administered locally by the Avocado Administrative Committee 
(Committee). The corresponding change in the avocado import regulation 
is required under section 8e of the Agricultural Marketing Agreement 
Act of 1937. This rule changes the maturity shipping schedule to allow 
certain sizes and weights of the Choquette avocado variety to be 
shipped to the fresh market earlier. With this change, the maturity 
schedule will better reflect the current maturity rate for the 
Choquette variety, facilitating the shipment of this variety as it 
matures.

DATES: Effective September 19, 2014; comments received by November 17, 
2014 will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent to the Docket Clerk, 
Marketing Order and Agreement Division, Fruit and Vegetable Program, 
AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or Internet: http://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: http://www.regulations.gov. All comments submitted in response to this rule 
will be included in the record and will be made available to the 
public. Please be advised that the identity of the individuals or 
entities submitting the comments will be made public on the Internet at 
the address provided above.

FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Marketing Field 
Office, Marketing Order and Agreement Division, Fruit and Vegetable 
Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 325-8793, or 
Email: [email protected] or [email protected].
    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: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 121 and Marketing Order No. 915, both as amended (7 CFR 
part 915), regulating the handling of avocados grown in South Florida, 
hereinafter referred to as the ``order.'' The order is effective under 
the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 
601-674), hereinafter referred to as the ``Act.''
    This interim rule is also issued under section 8e of the Act (7 
U.S.C. 608e), which provides that whenever certain specified 
commodities including avocados, are regulated under a Federal marketing 
order, imports of these commodities into the United States are 
prohibited unless they meet the same or comparable grade, size, 
quality, or maturity requirements as those in effect for domestically 
produced commodities.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with USDA a petition 
stating that the order, any provision of the order, or any obligation 
imposed in connection with the order is not in accordance with law and 
request a modification of the order or to be exempted therefrom. A 
handler is afforded the opportunity for a hearing on the petition. 
After the hearing, USDA would rule on the petition. The Act provides 
that the district court of the United States in any district in which 
the handler is an inhabitant, or has his or her principal place of 
business, has jurisdiction to review USDA's ruling on the petition, 
provided an action is filed not later than 20 days after the date of 
the entry of the ruling.
    There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of import regulations 
issued under section 8e of the Act.
    This rule changes the maturity requirements prescribed under the 
order. This rule changes the maturity shipping schedule to allow 
certain sizes and weights of the Choquette avocado variety to be 
shipped to the fresh market earlier. With this change, the maturity 
schedule will better reflect the current maturity rate for the 
Choquette variety, facilitating the shipment of this variety as it 
matures. This rule was unanimously recommended by the Committee at its 
April 9, 2014, meeting.
    Section 915.51 of the order provides, in part, authority to issue 
regulations establishing specific maturity requirements for avocados. 
Section 915.52 of the order provides authority for the modification, 
suspension, or termination of established regulations. The maturity 
requirements for avocados grown in Florida are specified in Sec.  
915.332 of the order's rules and regulations. These requirements 
specify minimum weights and diameters to delineate specific shipping 
time frames for avocados. Maturity requirements for avocados imported 
into the United States are currently in effect under Sec.  944.31.

[[Page 55352]]

    The maturity requirements are designed to prevent the shipment of 
immature avocados. This helps to provide buyer confidence and consumer 
satisfaction essential for the successful marketing of the crop. The 
maturity schedule is usually divided into A, B, C, and D dates 
reflecting when a particular variety matures. Larger fruit within a 
variety mature earlier, while smaller-sized fruit take longer to 
mature. Consequently, the A dates are established so only the largest, 
most mature fruit are available for market for each variety early in 
its season. The D date marks the end of a variety's season when all 
fruit should be mature and releases all sizes and weights. The maturity 
requirements for the various varieties of avocados are different, as 
each variety has different growing and maturation characteristics. 
These dates are established based on a testing procedure developed in 
conjunction with USDA.
    At the request of the Committee, Committee staff began pulling 
samples of the Choquette variety and testing the level of maturity. The 
Committee believed that due to cultural practices the variety might be 
maturing earlier, and the current B, C, and D dates might need to be 
adjusted. Following three years of testing, a maturity subcommittee 
reviewed the sample testing on the Choquette variety. Based on their 
review of the data, the subcommittee agreed that some weights and sizes 
were maturing earlier, and recommended to the full Committee that the 
B, C, and D dates for Choquettes each be moved up one week, 
respectively. The subcommittee concluded that these revised dates will 
better reflect the current maturity rate for Choquettes. The Committee 
agreed the changes will help facilitate the shipment of this variety as 
it matures, and will continue to ensure that the consumer will receive 
a quality avocado. Consequently, the Committee unanimously approved the 
change in dates.
    This rule changes the B date for Choquettes listed on the maturity 
schedule from October 17 to October 10. This rule also changes the C 
date for Choquettes from October 31 to October 24, and the D date from 
November 14 to November 7. The corresponding sizes and weights 
associated with these dates remain unchanged. The dates on the maturity 
schedule are the basis for calculating the actual shipping dates (A, B, 
C, D dates) for each individual season. The actual shipping dates for 
an individual year are established as the Monday nearest to the date 
specified in the maturity schedule as specified in Sec.  915.332.
    Section 8e of the Act provides that when certain domestically 
produced commodities, including avocados, are regulated under a Federal 
marketing order, imports of that commodity must meet the same or 
comparable grade, size, quality, and maturity requirements. Since this 
rule changes the maturity requirements under the domestic handling 
regulations for avocados, a corresponding change to the import 
regulations must also be considered.
    Maturity requirements for avocados imported into the United States 
are currently in effect under Sec.  944.31. The same revisions of 
maturity dates will be made to Sec.  944.31 as are being made to Sec.  
915.332. The Hass, Fuerte, Zutano, and Edranol varieties of avocados 
currently are exempt from the maturity schedule, and continue to be 
exempt under this rule. However, these varieties are not exempt from 
the import grade regulation, which is not being changed by this action. 
As it is the only marketing order covering avocados, import 
requirements are based on the marketing order for avocados grown in 
South Florida.
    The revised shipping dates for Choquette variety avocados better 
reflect the current maturity rate for Choquettes and will help 
facilitate moving mature fruit to the fresh market. This change 
benefits importers as well as domestic growers and handlers.

Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) 
has considered the economic impact of this action on small entities. 
Accordingly, AMS has prepared this initial regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf. Import regulations issued under 
the Act are based on those established under Federal marketing orders.
    There are approximately 30 handlers of Florida avocados subject to 
regulation under the order and approximately 300 producers of avocados 
in the production area. There are approximately 70 importers of West 
Indian and Guatemalan type avocado varieties like those grown in 
Florida. Small agricultural service firms, which include avocado 
handlers and importers, are defined by the Small Business 
Administration (SBA) as those whose annual receipts are less than 
$7,000,000, and small agricultural producers are defined as those 
having annual receipts less than $750,000 (13 CFR 121.201).
    According to Committee data and information from the National 
Agricultural Statistical Service, the average price for Florida 
avocados during the 2011-12 season was approximately $20.79 per 55-
pound bushel container and total shipments were slightly higher than 
1.2 million 55-pound bushels. Using the average price and shipment 
information, the majority of avocado handlers could be considered small 
businesses under SBA's definition. In addition, based on avocado 
production, producer prices, and the total number of Florida avocado 
producers, the average annual producer revenue is less than $750,000. 
Information from the Foreign Agricultural Service, USDA, indicates that 
the dollar value of imported West Indian and Guatemalan type avocados 
was $15.5 million in 2013. Using these values, most importers would 
have annual receipts of less than $7,000,000 for avocados. 
Consequently, the majority of avocado handlers, producers, and 
importers may be classified as small entities.
    The Dominican Republic, Peru, and Costa Rica, are the major 
production areas of avocado varieties other than Hass exporting 
avocados to the United States. In 2013, shipments of these type 
avocados imported into the United States totaled around 14,500 metric 
tons. Of that amount, 14,400 metric tons were imported from the 
Dominican Republic, 63 metric tons were imported from Peru, and 21 
metric tons arrived from Costa Rica. Mexico, Chile, and Peru are the 
major Hass type avocado producing countries exporting avocados to the 
United States. In 2013, shipments of Hass type avocados imported into 
the United States totaled around 548,000 metric tons. Mexico accounted 
for 500,000 metric tons, with 23,400 metric tons from Chile, and 21,500 
metric tons from Peru.
    This rule changes the maturity requirements prescribed under the 
order's rules and regulations. This rule changes the maturity shipping 
schedule to allow certain sizes and weights of the Choquette avocado 
variety to be shipped to the fresh market earlier and makes a 
corresponding change to the avocado import regulation. With this 
change, the maturity schedule will better reflect the current maturity 
rate for the Choquette

[[Page 55353]]

variety, facilitating the shipment of this variety as it matures. 
Authority for this change is provided in Sec. Sec.  915.51 and 915.52. 
This rule amends the provisions in Sec. Sec.  915.332 and 944.31. This 
rule was unanimously recommended by the Committee at its April 9, 2014, 
meeting. The change in the import regulation is required under section 
8e of the Act.
    This action is not expected to increase the costs associated with 
the order's requirements or the avocado import regulation. Rather, it 
is anticipated that this action will have a beneficial impact. Based on 
several seasons of maturity testing, the Committee recommended moving 
the B, C, and D dates on the maturity schedule forward one week, 
respectively, for the Choquette variety allowing the associated sizes 
and weights to be shipped to the fresh market earlier. The revised 
dates better reflect the current maturity rate for Choquettes, and will 
facilitate the shipment of this variety as it matures, while continuing 
to ensure that only mature fruit is shipped to the fresh market. The 
benefits of this rule are expected to be equally available to all fresh 
avocado growers, handlers, and importers, regardless of their size.
    Regarding alternatives to this action, the Committee considered 
making no change to the requirements or waiting for additional testing. 
However, they determined that there was sufficient data to warrant 
making these changes. Therefore, this alternative was rejected.
    In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. 
Chapter 35), the order's information collection requirements have been 
previously approved by the Office of Management and Budget (OMB) and 
assigned OMB No. 0581-0189, (Generic Fruit Crops). No changes in those 
requirements as a result of this action are necessary. Should any 
changes become necessary, they would be submitted to OMB for approval.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large avocado handlers. As with all 
Federal marketing order programs, reports and forms are periodically 
reviewed to reduce information requirements and duplication by industry 
and public sector agencies.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    In addition, USDA has not identified any relevant Federal rules 
that duplicate, overlap or conflict with this rule.
    Further, the Committee's meeting was widely publicized throughout 
the Florida avocado industry and all interested persons were invited to 
attend the meeting and participate in Committee deliberations. Like all 
Committee meetings, the April 9, 2014, meeting was a public meeting and 
all entities, both large and small, were able to express their views on 
this issue.
    Also, the Committee has a number of appointed subcommittees to 
review certain issues and make recommendations to the Board. The 
Committee's maturity subcommittee met on April 4, 2014, and discussed 
this issue in detail. That meeting was also a public meeting and both 
large and small entities were able to participate and express their 
views. Finally, interested persons are invited to submit comments on 
this interim rule, including the regulatory and informational impacts 
of this action on small businesses.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide. Any questions 
about the compliance guide should be sent to Jeffrey Smutny at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    This rule invites comments on a change to the maturity requirements 
currently prescribed under the Florida avocado marketing order and 
avocado import requirements. Any comments received will be considered 
prior to finalization of this rule.
    After consideration of all relevant material presented, including 
the Committee's recommendation, and other information, it is found that 
this interim rule, as hereinafter set forth, will tend to effectuate 
the declared policy of the Act.
    In accordance with section 8e of the Act, the United States Trade 
Representative has concurred with the issuance of this interim rule.
    Pursuant to 5 U.S.C. 553, it is also found and determined upon good 
cause that it is impracticable, unnecessary, and contrary to the public 
interest to give preliminary notice prior to putting this rule into 
effect and that good cause exists for not postponing the effective date 
of this rule until 30 days after publication in the Federal Register 
because: (1) These changes relax current requirements for the Choquette 
variety, allowing some fruit to ship earlier; (2) the Committee 
unanimously recommended these changes at a public meeting and 
interested parties had an opportunity to provide input; and (3) this 
rule provides a 60-day comment period and any comments received will be 
considered prior to finalization of this rule.

List of Subjects

7 CFR Part 915

    Avocados, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 944

    Avocados, Food grades and standards, Grapefruit, Grapes, Imports, 
Kiwifruit, Limes, Olives, Oranges.

    For the reasons set forth in the preamble, 7 CFR parts 915 and 944 
are amended as follows:

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

0
1. The authority citation for 7 CFR part 915 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


0
2. In Sec.  915.332, Table I, the entry for ``Choquette'' is revised to 
read as follows:


Sec.  915.332  Florida avocado maturity regulation.

    (a) * * *
    (2) * * *

                                                                         Table I
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Min.                          Min.                          Min.
                       Variety                         A date   Min. wt.    diam.    B date   Min. wt.    diam.    C date   Min. wt.    diam.    D date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Choquette...........................................     9-26        28   4\4/16\     10-10        24   4\1/16\     10-24        20   3\14/16\     11-7
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 55354]]

* * * * *

PART 944--FRUITS; IMPORT REGULATIONS

0
3. The authority citation for 7 CFR part 944 continues to read as 
follows:

    Authority: 7 U.S.C. 601-674.


0
4. In Sec.  944.31, Table I, the entry for ``Choquette'' is revised to 
read as follows:


Sec.  944.31  Avocado import maturity regulation.

    (a) * * *
    (2) * * *

                                                                         Table I
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Min.      Min.                Min.      Min.                Min.      Min.
                       Variety                         A date      wt.      diam.    B date      wt.      diam.    C date      wt.      diam.    D date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
Choquette...........................................     9-26        28   4\4/16\     10-10        24   4\1/16\     10-24        20   3\14/16\     11-7
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

    Dated: September 11, 2014.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2014-22052 Filed 9-15-14; 8:45 am]
BILLING CODE 3410-02-P