This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

16261 

Vol. 72, No. 64 

Wednesday, April 4, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Docket No. AMS–FV–06–0170; FV07–915– 

1 FIR] 

Avocados Grown in South Florida; 

Suspension of Weekly Handler 

Reporting Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: The Department of 

Agriculture (USDA) is adopting, as a 

final rule, without change, an interim 

final rule changing the reporting 

requirements currently prescribed under 

the marketing order for avocados grown 

in South Florida (order). The order 

regulates the handling of avocados 

grown in South Florida and is 

administered locally by the Avocado 

Administrative Committee (Committee). 

This rule continues in effect the action 

that indefinitely suspended the weekly 

handler reporting requirements 

specified under the order. The 

information from the weekly reports is 

no longer being used by the industry or 

the Committee staff and the germane 

information is available from other 

sources. This action reduces the 

reporting burden on handlers, while 

aligning information collection 

requirements with the needs of the 

industry. 

DATES: Effective Date: May 4, 2007. 

FOR FURTHER INFORMATION CONTACT: 

William G. Pimental, Marketing 

Specialist, or Christian D. Nissen, 

Regional Manager, Southeast Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (863) 324–3375, Fax: (863) 

325–8793 or E-mail: 

William.Pimental@usda.gov or 

Christian.Nissen@usda.gov, 

respectively. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@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.’’ 

USDA is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

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. 

This rule continues in effect the 

action that modified the reporting 

requirements prescribed under the order 

by indefinitely suspending the weekly 

handler reporting requirements. The 

information from the weekly report is 

no longer being used by the industry or 

the Committee staff and the germane 

information is available from other 

sources. This action reduces the 

reporting burden on handlers, while 

aligning information collection 

requirements with the needs of the 

industry. The Committee unanimously 

recommended this change at a meeting 

on April 19, 2006. 

Section 915.60 of the avocado 

marketing order provides authority for 

the Committee to require handlers to file 

reports and provide other information as 

may be necessary for the Committee to 

perform its duties. Section 915.150 of 

the order’s rules and regulations 

specifies the requisite reporting 

requirements. 

This rule continues in effect the 

action that revised § 915.150 by 

indefinitely suspending paragraphs (a), 

(b), and (c) which specify the weekly 

handler reporting requirements. Prior to 

this action, handlers were required to 

submit a weekly report to the 

Committee listing all avocados handled, 

the disposition of each lot of 

noncertified avocados removed from 

handler’s premises, and each lot of 

noncertified avocados received from 

another district. The Committee 

provided a form to assist handlers with 

supplying the required information. 

This information was compiled into a 

report which was made available to the 

industry. The Committee also used this 

data for statistical reporting purposes, to 

assess handlers, and for program 

compliance. 

When instituted, the information from 

the weekly reports was adequate for 

industry and Committee needs. 

However, for the past several seasons, 

the industry has stopped requesting the 

reports compiled from the weekly data. 

The Committee believes timely data is 

necessary for the information to be 

valuable. The industry is still interested 

in the volume of avocados handled, but 

weekly reports are not timely enough to 

be beneficial when it comes to using 

such information to help growers and 

handlers make harvesting and packing 

decisions. 

In addition to the weekly reporting 

information, the Committee staff also 

receives daily shipment information for 

all avocado handlers from the FederalState Inspection Service (FSIS). This 

information is collected from handlers 


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16262 Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 

at the time of inspection and includes 

information on the volume packed. The 

Committee staff uses this information to 

generate daily shipping reports. The 

reports generated from the FSIS 

information are more accurate and 

timely, and the industry finds this 

information to be more beneficial. As 

such, the Committee staff has stopped 

generating reports based on the weekly 

information. 

Further, the Committee has found 

reporting at the time of inspection to be 

an effective and efficient way of 

collecting information. Recently, the 

rules and regulations were amended to 

require handlers to report added 

information to the FSIS at the time of 

inspection (70 FR 59622, October 13, 

2005). With that change, handlers are 

now required to provide information 

regarding the number of avocados pack 

per container, in addition to the 

previous requirement that handlers 

provide the number and sizes of 

containers packed. 

In comparison, handlers find weekly 

reporting to be time consuming and that 

it places an additional burden on their 

staff to ensure weekly reports are 

submitted. Also, with some of the 

information contained in the weekly 

report already being reported at the time 

of inspection, it represents a duplication 

of effort. 

At one time, the Committee staff used 

the information from the weekly 

handler reports for statistical reporting 

purposes, to assess handlers, and for 

program compliance. However, they too 

have found the information in the daily 

shipment reports to be more useful, and 

of more interest to the industry. Further, 

the Committee staff has not been using 

the weekly reports to support program 

operations or for compliance purposes 

for some time. The information needed 

for Committee operations, marketing 

policies, and compliance is available 

from the daily inspection information 

provided by FSIS and from other 

sources. 

In addition, damages sustained from 

hurricanes in 2004 and 2005 resulted in 

a substantial reduction in assessment 

income. This rule reduces the amount of 

time required by the Committee staff to 

monitor handler reports. Thus, this rule 

offers the potential for cost savings. 

This rule continues in effect the 

action that indefinitely suspended the 

provisions requiring the submission of 

the weekly handler report. The 

information collected under this 

requirement is no longer being utilized 

and is not necessary for the operations 

of the order. This action reduces the 

reporting burden on handlers and 

lessens the reporting oversight demands 

on the Committee staff. Therefore, the 

Committee voted unanimously to 

suspend § 915.150 paragraphs (a), (b), 

and (c). 

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. 

As this rule changes the reporting 

requirements under the domestic 

handling regulations, no corresponding 

changes to the import regulations are 

required. 

Final Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), 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 

business 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. Thus, both statutes have small 

entity orientation and compatibility. 

There are approximately 300 

producers of avocados in the production 

area and approximately 35 handlers 

subject to regulation under the order. 

Small agricultural producers are defined 

by the Small Business Administration 

(SBA) as those having annual receipts of 

less than $750,000, and small 

agricultural service firms are defined as 

those whose annual receipts are less 

than $6,500,000 (13 CFR 121.201). 

According to the National 

Agricultural Statistics Service and 

Committee data, the average price for 

Florida avocados during the 2005–06 

season was around $46.75 per 55-pound 

bushel container, and total shipments 

were near 470,000 55-pound bushel 

equivalents. Using the average price and 

shipment information provided by the 

Committee, the majority of avocado 

handlers could be considered small 

businesses under the SBA definition. In 

addition, based on avocado production, 

grower prices, and the total number of 

Florida avocado growers, the average 

annual grower revenue is less than 

$750,000. Thus, the majority of Florida 

avocado producers may also be 

classified as small entities. 

This rule changes the reporting 

requirements currently prescribed under 

the order. This rule continues in effect 

the action that indefinitely suspended 

the weekly handler reporting 

requirements required under the order. 

The information from the weekly report 

is no longer being used by the industry 

or the Committee staff and the germane 

information is available from other 

sources. This action reduces the 

reporting burden on handlers, while 

aligning information collection 

requirements with the needs of the 

industry. This rule revises § 915.150, 

which specifies the requisite reporting 

requirements. Authority for this action 

is provided for in § 915.60 of the order. 

The Committee unanimously 

recommended this change at a meeting 

held on April 19, 2006. 

This rule is not expected to result in 

any additional costs for handlers. This 

rule continues in effect the action that 

reduced the reporting burden on 

handlers by indefinitely suspending the 

provisions requiring the submission of a 

weekly report. It also reduces the 

amount of time required by the 

Committee staff to monitor and review 

handler reports. Thus, this rule offers 

the potential for cost savings. The 

potential reduction in costs would 

benefit all handlers regardless of their 

size. Consequently, the benefits of this 

rule are expected to be equally available 

to all. 

The Committee discussed keeping the 

weekly reporting requirements in place 

as an alternative to this action. 

However, the Committee believes 

continuing to collect information that is 

no longer being utilized by the industry 

or the Committee staff is unnecessary. 

Therefore, this alternative was rejected. 

This rule will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

avocado handlers. The form, FV–215, 

‘‘Avocado Handler’s Weekly Report 

Form’’ is currently approved under 

OMB No. 0581–0189, Generic OMB 

Fruit Crops. The information collection 

for OMB No. 1581–0189 will be coming 

up for renewal, at which time the 

reduction in burden for this form will be 

addressed. The suspension of the 

reporting requirement reduces the 

overall burden for that collection by 54 

hours. 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. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 


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Federal Register / Vol. 72, No. 64 / Wednesday, April 4, 2007 / Rules and Regulations 16263 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

Further, the Committee’s meeting was 

widely publicized throughout the 

avocado industry and all interested 

persons were invited to attend the 

meeting and participate in Committee 

deliberations. Like all Committee 

meetings, the April 19, 2006, meeting 

was a public meeting and all entities, 

both large and small, were able to 

express their views on this issue. 

An interim final rule concerning this 

action was published in the Federal 

Register on December 22, 2006. Copies 

of the rule were mailed by the 

Committee’s staff to all Committee 

members and avocado handlers. In 

addition, the rule was made available 

through the Internet by USDA and the 

Office of the Federal Register. That rule 

provided for a 60-day comment period 

which ended February 20, 2007. No 

comments were received. 

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/ 

fv/moab.html. Any questions about the 

compliance guide should be sent to Jay 

Guerber at the previously mentioned 

address in the FOR FURTHER INFORMATION

CONTACT section. 

After consideration of all relevant 

material presented, including the 

Committee’s recommendation, and 

other information, it is found that 

finalizing the interim final rule, without 

change, as published in the Federal 

Register (71 FR 76897, December 22, 

2006) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 915 

Avocados, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

PART 915—AVOCADOS GROWN IN 

SOUTH FLORIDA 

■ Accordingly, the interim final rule 

amending 7 CFR part 915 which was 

published at 71 FR 76897 on December 

22, 2006, is adopted as a final rule 

without change. 

Dated: March 29, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E7–6243 Filed 4–3–07; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 922 

[Docket No. AMS–FV–07–0031; FV07–922–

1 IFR] 

Apricots Grown in Designated 

Counties in Washington; Suspension 

of Container Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule suspends the 

container regulations prescribed under 

the Washington apricot marketing order 

by extending the temporary 2006 season 

suspension indefinitely. The marketing 

order regulates the handling of fresh 

apricots grown in designated counties in 

the State of Washington, and is 

administered locally by the Washington 

Apricot Marketing Committee 

(Committee). This indefinite suspension 

of the container regulations will 

continue to provide the apricot industry 

with increased marketing flexibility by 

allowing handlers to pack and ship 

apricots in any size, shape, or type of 

container. After evaluating the impact 

the temporary 2006 season container 

regulation suspension has had on the 

industry, the Committee determined 

that container regulations no longer 

contribute to the orderly marketing of 

the fresh apricot crop. 

DATES: Effective April 1, 2007. 

Comments received by June 4, 2007 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 Administration Branch, Fruit and 

Vegetable Programs, 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 docket 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. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Curry or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW., Third Avenue, 

Suite 385, Portland, Oregon 97204–

2807; Telephone: (503) 326–2724; Fax: 

(503) 326–7440; or E-mail: 

Robert.Curry@usda.gov or 

GaryD.Olson@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720–

2491; Fax: (202) 720–8938; or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Agreement 

and Order No. 922 (7 CFR part 922) 

regulating the handling of apricots 

grown in designated counties in 

Washington, hereinafter referred to as 

the ‘‘order.’’ The order is effective under 

the Agricultural Marketing Agreement 

Act of 1937, as amended (7 U.S.C. 601–

674), hereinafter referred to as the 

‘‘Act.’’

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule is not intended to 

have retroactive effect. This rule will 

not preempt any State of local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. 

The Act provides that administrative 

proceedings must be exhausted before 

parties may file suit in court. Under 

section 608c(15)(A) of the Act, any 

handler subject to an order may file 

with USDA a petition stating that the 

order, any provision of the order, or any 

obligation imposed in connection with 

the order is not in accordance with law 

and request a modification of the order 

or to be exempted therefrom. Such 

handler is afforded the opportunity for 

a hearing on the petition. After the 

hearing USDA would rule on the 

petition. The Act provides that the 

district court of the United States in any 

district in which the handler is an 

inhabitant, or has his or her principal 

place of business, has jurisdiction to 

review USDA’s ruling on the petition, 

provided an action is filed not later than 

20 days after the date of the entry of the 

ruling. 

This rule indefinitely extends the 

temporary 2006 season container 

regulation suspension (§ 922.306), 

which ends on March 31, 2007. As it 

effectively did during the 2006 shipping 

season, this regulatory suspension will 

provide additional flexibility to the 

apricot industry by allowing handlers to 


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