[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)]
[Rules and Regulations]
[Pages 22357-22358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09287]



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  Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / 
Rules and Regulations  

[[Page 22357]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 915 and 944

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


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: The Department of Agriculture (USDA) is adopting, as a final 
rule, without change, an interim rule that changed the maturity 
requirements prescribed under the Florida avocado marketing order 
(order) and avocado import regulation. The interim rule changed 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 better reflects the current 
maturity rate for the Choquette variety, facilitating the shipment of 
this variety as it matures.

DATES: Effective April 27, 2015.

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) 291-8614, or 
Email: [email protected] or [email protected].
    Small businesses may request information on complying with this and 
other marketing order and agreement regulations by viewing a guide at 
the following Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or 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 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 rule in 
conformance with Executive Orders 12866, 13563, and 13175.
    The handling of avocados grown in South Florida is regulated by 7 
CFR part 915. Prior to this change, the B date for the Choquette 
variety listed on the maturity schedule was October 17, the C date was 
October 31, and the D date was November 14. Three years of testing by 
Avocado Administrative Committee (Committee) staff indicated that some 
weights and sizes were maturing earlier, prompting the Committee to 
recommend moving the B, C, and D dates each up one week, respectively. 
Therefore, this rule continues in effect the rule that changed the B 
date for Choquettes listed on the maturity schedule from October 17 to 
October 10, the C date 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.
    Imported avocados are subject to regulations specified in 7 CFR 
part 944. Under those regulations, imported avocados must meet the same 
minimum size requirements as specified for domestic avocados under the 
order. Therefore, the B date for Choquette variety listed on the 
maturity schedule was also changed from October 17 to October 10, the C 
date changed from October 31 to October 24, and the D date changed from 
November 14 to November 7.
    In an interim rule published in the Federal Register on September 
16, 2014, and effective on September 19, 2014, (79 FR 55351, Doc. No. 
AMS-FV-14-0051, FV14-915-1 IR), Sec. Sec.  915.332 and 944.31 were 
amended by changing the B date for the Choquette variety listed on the 
maturity schedule from October 17 to October 10, the C date from 
October 31 to October 24, and the D date from November 14 to November 
7.

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 action on small entities. 
Accordingly, AMS has prepared this final regulatory flexibility 
analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
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. 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

[[Page 22358]]

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 exporting avocado varieties other than Hass to the 
United States. In 2013, shipments of these type of 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 were 
imported from Costa Rica. Mexico, Chile, and Peru are the major 
countries producing and exporting Hass-type 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 continues in effect the action that changed the maturity 
requirements prescribed under the order's rules and regulations. This 
rule changed the maturity shipping schedule to allow certain sizes and 
weights of the Choquette avocado variety to be shipped to the fresh 
market earlier and made a corresponding change to the avocado import 
regulation. With this change, the maturity schedule better reflects the 
current maturity rate for the Choquette 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. 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 this size.
    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. 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.
    Comments on the interim rule were required to be received on or 
before November 17, 2014. Two comments were received.
    One comment expressed support for the change. The second commenter 
asked if there were health risks to the consumer if these avocados are 
consumed too early. The avocado maturity schedule is designed to ensure 
only mature avocados that will ripen properly are shipped to consumers. 
Immaturity can negatively affect the taste and quality of the fruit. 
Accordingly, no changes will be made to the rule based on the comments 
received, and we are adopting the interim rule as a final rule, without 
change for the reasons given in the interim rule.
    To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0051-0001
    This action also affirms information contained in the interim rule 
concerning Executive Orders 12866, 12988, 13563, and 13175; the 
Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 
U.S.C. 101).
    In accordance with section 8e of the Act, the United States Trade 
Representative has concurred with the issuance of this final rule.
    After consideration of all relevant material presented, it is found 
that finalizing the interim rule, without change, as published in the 
Federal Register (79 FR 55351, September 16, 2014) will tend to 
effectuate the declared policy of the Act.

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.

PARTS 915 and 944--[AMENDED]

0
Accordingly, the interim rule that amended 7 CFR parts 915 and 944 and 
that was published at 79 FR 55351 on September 16, 2014, is adopted as 
a final rule, without change.

    Dated: April 16, 2015.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2015-09287 Filed 4-21-15; 8:45 am]
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