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Rules and Regulations Federal Register

22357 

Vol. 80, No. 77 

Wednesday, April 22, 2015 

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. 

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: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

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: 

Jeffrey.Smutny@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

No. 121 and Marketing Order No. 915, 

both as amended (7 CFR part 915), 

regulating the handling of avocados 

grown in South Florida, hereinafter 

referred to as the ‘‘order.’’ The order is 

effective under the Agricultural 

Marketing Agreement Act of 1937, as 

amended (7 U.S.C. 601–674), hereinafter 

referred to as the ‘‘Act.’’ 

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 

§ 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), §§ 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 

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22358 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations 

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 §§ 915.51 and 

915.52. This rule amends the provisions 

in §§ 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 EGov 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] 

■ 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] 

BILLING CODE P 

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