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contains regulatory documents having general

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Rules and Regulations Federal Register

7095 

Vol. 76, No. 27 

Wednesday, February 9, 2011 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Doc. No. AMS–FV–10–0067; FV10–915–1 

FIR] 

Avocados Grown in South Florida; 

Increased Assessment Rate 

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 increased the assessment rate 

established for the Avocado 

Administrative Committee (Committee), 

for the 2010–11 and subsequent fiscal 

periods from $0.27 to $0.37 per 55- 

pound bushel container of Florida 

avocados handled. The Committee 

locally administers the marketing order 

which regulates the handling of 

avocados grown in South Florida. The 

assessment rate will remain in effect 

indefinitely unless modified, 

suspended, or terminated. 

DATES: Effective Date: Effective February 

10, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Doris Jamieson, 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: 

Doris.Jamieson@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may obtain 

information on complying with this and 

other marketing order regulations by 

viewing a guide at the following Web 

site: http://www.ams.usda.gov/

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide; or by 

contacting Antoinette Carter, 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: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

915, 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. 

Under the order, Florida avocado 

handlers are subject to assessments, 

which provide funds to administer the 

order. Assessment rates issued under 

the order are intended to be applicable 

to all assessable avocados for the entire 

fiscal period, and continue indefinitely 

until amended, suspended, or 

terminated. The Committee’s fiscal 

period begins on April 1, and ends on 

March 31. 

In an interim rule published in the 

Federal Register on September 15, 2010, 

and effective on September 16, 2010 (75 

FR 55942, Doc. No. AMS–FV–10–0067; 

FV10–915–1 IR), § 915.235 was 

amended by increasing the assessment 

rate established for the Committee for 

the 2010–11 and subsequent fiscal 

periods from $0.27 to $0.37 per 55- 

pound container or equivalent of 

Florida avocados. The increase in the 

per-unit assessment rate was necessary 

to fund research to find an insecticide 

that will kill or control the Red Bay 

Ambrosia beetle. 

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 

rule 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. 

There are approximately 30 handlers 

of Florida avocados subject to regulation 

under the order and approximately 300 

producers of avocados in the production 

area. Small agricultural service firms, 

which include avocado handlers, 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 2009–10 season was around 

$16.50 per 55-pound bushel container 

and total shipments were near 900,000 

55-pound bushels. Using the average 

price and shipment information 

provided by the Committee, 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. 

Consequently, the majority of avocado 

handlers and producers may be 

classified as small entities. 

This rule continues in effect the 

action that increased the assessment rate 

established for the Committee and 

collected from handlers for the 2010–11 

and subsequent fiscal periods from 

$0.27 to $0.37 per 55-pound bushel 

container of Florida avocados. The 

Committee unanimously recommended 

2010–11 expenditures of $351,502 and 

an assessment rate of $0.37 per 55- 

pound bushel container. The assessment 

rate of $0.37 is $0.10 higher than the 

2009–10 rate. The quantity of assessable 

Florida avocados for the 2010–11 season 

is estimated at 1,000,000. Thus, the 

$0.37 rate should provide $370,000 in 

assessment income and be adequate to 

meet this year’s expenses. Income 

derived from handler assessments, along 

with interest income and funds from the 

Committee’s authorized reserve fund 

will be adequate to cover budgeted 

expenses. 


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7096 Federal Register / Vol. 76, No. 27 / Wednesday, February 9, 2011 / Rules and Regulations 

The major expenditures 

recommended by the Committee for the 

2010–11 year include $110,000 for 

research, $98,732 for salaries, $48,000 

for employee benefits, and $25,300 for 

insurance and bonds. Budgeted 

expenses for these items in 2009–10 

were $25,000, $94,030, $48,000, and 

$25,300, respectively. 

The increase in assessment rate is 

needed to fund research to find an 

insecticide that will kill or control the 

Red Bay Ambrosia beetle. The beetle 

carries the Laurel Wilt fungus which 

can infect and kill avocado trees. 

Research into the beetle and fungus had 

been funded by the University of 

Florida. However, the Committee was 

informed that funding ceased on August 

1, 2010. Without funding, researchers 

would have been unable to continue 

testing to determine which insecticides 

work best to kill/control the beetle and 

at what application rate. The Committee 

believes it is essential for the industry 

that the research continues. Therefore, 

they voted to increase the assessment 

rate to provide the additional research 

money. 

Prior to arriving at this budget, 

alternative expenditure levels were 

discussed based upon the relative value 

of various research projects to the 

Florida avocado industry. The 

assessment rate of $0.37 per 55-pound 

bushel container of assessable Florida 

avocados was then determined by 

dividing the total recommended budget 

by the quantity of assessable avocados, 

estimated at 1,000,000 55-pound bushel 

containers for the 2010–11 season. 

Considering income from assessments 

and interest, total income will be 

approximately $18,400 above the 

anticipated expenses, which the 

Committee determined to be acceptable. 

A review of historical information and 

preliminary information pertaining to 

the upcoming crop year indicates that 

the grower price for the 2010–11 season 

could range between $9.00 and $66.00 

per 55-pound bushel container of 

avocados. Therefore, the estimated 

assessment revenue for the 2010–11 

season as a percentage of total grower 

revenue could range between .6 and 

4 percent. 

This rule continues in effect the 

action that increased the assessment 

obligation imposed on handlers. While 

assessments impose some additional 

costs on handlers, the costs are minimal 

and uniform on all handlers. Some of 

the additional costs may be passed on 

to producers. However, these costs are 

offset by the benefits derived by the 

operation of the marketing order. In 

addition, 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 on all issues. 

Like all Committee meetings, the July 

22, 2010, meeting was a public meeting 

and all entities, both large and small, 

were able to express views on this issue. 

This action imposes no additional 

reporting or recordkeeping requirements 

on either small or large Florida 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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this rule. 

Comments on the interim rule were 

required to be received on or before 

November 15, 2010. No comments were 

received. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule, 

without change. To view the interim 

rule, go to http://www.regulations.gov/

search/Regs/home.html#

documentDetail?R=0900006480b4f5ec. 

This action also affirms information 

contained in the interim rule concerning 

the Executive Orders 12866 and 12988, 

the Paperwork Reduction Act (44 U.S.C. 

chapter 35), and the E-Gov Act (44 

U.S.C. 101). 

After consideration of all relevant 

material presented, it is found that 

finalizing the interim rule, without 

change, as published in the Federal 

Register (75 FR 55942, September 15, 

2010) will tend to effectuate the 

declared policy of the Act. 

List of Subjects in 7 CFR Part 915 

Avocados, Reporting and 

recordkeeping requirements. 

PART 915—AVOCADOS GROWN IN 

SOUTH FLORIDA 

■ Accordingly, the interim rule 

amending 7 CFR part 915, which was 

published at 75 FR 55942 on September 

15, 2010, is adopted as a final rule, 

without change. 

Dated: February 3, 2011. 

David R. Shipman, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2011–2888 Filed 2–8–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 996 

[Doc. No. AMS–FV–10–0030; FV10–996–610 

Review] 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States; 

Section 610 Review 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Confirmation of regulations. 

SUMMARY: This action summarizes the 

results under the criteria contained in 

section 610 of the Regulatory Flexibility 

Act (RFA), of an Agricultural Marketing 

Service (AMS) review of the Minimum 

Quality and Handling Standards for 

Domestic and Imported Peanuts 

Marketed in the United States contained 

in 7 CFR part 996 (Standards). AMS has 

determined that the Standards should 

be continued. 

ADDRESSES: Interested persons may 

obtain a copy of the review. Requests for 

copies should 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 

E-mail: moab.docketclerk@usda.gov. A 

copy of the review may also be obtained 

via the Internet at: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kenneth G. Johnson, DC Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, Unit 

155, 4700 River Road, Riverdale, MD 

20737; Telephone: (301) 734–5243; Fax: 

(301) 734–5275; or E-mail: 

Kenneth.Johnson@usda.gov; or Martin 

Engeler, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 2202 

Monterey St., Fresno, California 93721; 

Telephone: (559) 487–5110; Fax: (559) 

487–5906; or E-mail: 

Martin.Engeler@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Minimum Quality and Handling 

Standards for Domestic and Imported 

Peanuts Marketed in the United States 

(Standards), as amended (7 CFR part 

996), were established at 7 U.S.C. 7958 

pursuant to Public Law 107–171, the 

Farm Security and Rural Investment Act 

of 2002 (Act). The Standards regulate 

the quality and handling of domestic 

and imported peanuts marketed in the 

United States. 


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