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

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

55351 

Vol. 79, No. 179 

Tuesday, September 16, 2014 

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: 

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 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 

§ 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 

§ 944.31. 


asabaliauskas on DSK5VPTVN1PROD with RULES
55352 Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Rules and Regulations 

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 smallersized 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 

§ 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 § 944.31. The 

same revisions of maturity dates will be 

made to § 944.31 as are being made to 

§ 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 


asabaliauskas on DSK5VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Rules and Regulations 55353 

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. 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 

■ 1. The authority citation for 7 CFR 

part 915 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. In § 915.332, Table I, the entry for 

‘‘Choquette’’ is revised to read as 

follows: 

§ 915.332 Florida avocado maturity 

regulation. 

(a) * * * 

(2) * * * 

TABLE I 

Variety A date Min. 

wt. 

Min. 

diam. B date Min. wt. 

Min. 

diam. C date Min. wt. 

Min. 

diam. D date 

*******

Choquette .......................................................... 9–26 28 44⁄16 10–10 24 41⁄16 10–24 20 314⁄16 11–7 

* * * * * * * 


asabaliauskas on DSK5VPTVN1PROD with RULES
55354 Federal Register / Vol. 79, No. 179 / Tuesday, September 16, 2014 / Rules and Regulations 

* * * * * 

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 § 944.31, Table I, the entry for 

‘‘Choquette’’ is revised to read as 

follows: 

§ 944.31 Avocado import maturity 

regulation. 

(a) * * * 

(2) * * * 

TABLE I 

Variety A date Min. 

wt. 

Min. 

diam. B date Min. wt. 

Min. 

diam. C date Min. wt. 

Min. 

diam. D date 

*******

Choquette .......................................................... 9–26 28 44⁄16 10–10 24 41⁄16 10–24 20 314⁄16 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2014–0220; Airspace 

Docket No. 14–AEA–5] 

Establishment of Class D Airspace and 

Amendment of Class E Airspace; 

Blackstone, VA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

D airspace and amends Class E airspace 

at Blackstone, VA, to accommodate the 

new air traffic control tower at Allen C 

Perkinson Blackstone Army Airfield. 

Controlled airspace is necessary for the 

safety and management of instrument 

flight rules (IFR) operations at the 

airfield. This action updates the 

geographic coordinates of the airfield’s 

Class E airspace, and adds exclusion of 

Restricted area airspace in Class D 

airspace. 

DATES: Effective 0901 UTC, November 

13, 2014. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.9Y, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed on line at http://

www.faa.gov/airtraffic/publications/. 

The Order is also available for 

inspection at the National Archives and 

Records Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. For further information, 

you can contact the Airspace Policy and 

ATC Procedures Group, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 29591; telephone: 202– 

267–8783. 

FOR FURTHER INFORMATION CONTACT: John 

Fornito, Operations Support Group, 

Eastern Service Center, Federal Aviation 

Administration, P.O. Box 20636, 

Atlanta, Georgia 30320; telephone (404) 

305–6364. 

SUPPLEMENTARY INFORMATION: 

History 

On May 23, 2014, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to 

establish Class D airspace and amend 

Class E airspace at Allen C Perkinson 

Blackstone Army Airfield, Blackstone, 

VA, (79–29696). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Class D and E airspace designations 

are published in Paragraphs 5000 and 

6005, respectively, of FAA Order 

7400.9Y, dated August 6, 2014, and 

effective September 15, 2014, which is 

incorporated by reference in 14 CFR 

71.1. The Class D and E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class D airspace within a 

4.2-mile radius of Allen C Perkinson 

Blackstone Army Airfield, Blackstone, 

VA, and amends Class E airspace 

extending upward from 700 feet above 

the surface within a 6.7-mile radius of 

the airfield, to support the operation of 

the new air traffic control tower. Also, 

the geographic coordinates of the 

airfield are adjusted to be in concert 

with the FAA’s aeronautical database. 

Additionally, this action amends the 

Class D description by adding the 

exclusion of that airspace within 

Restricted Area R–6602A and the 

Pickett 1 and 2 Military Operations 

Areas during the time those areas are 

active. Provisions to ensure the 

deconfliction between military activities 

and arrivals and departures at Allen C. 

Perkinson Blackstone Army Airfield 

will be specified in a Letter of 

Agreement between Air Traffic Control 

and the military using agencies. 

Except for the changes noted above, 

this rule is the same as published in the 

NPRM. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 


asabaliauskas on DSK5VPTVN1PROD with RULES