This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

77037 

Vol. 89, No. 183 

Friday, September 20, 2024 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 915 and 944 

[Doc. No. AMS–SC–23–0084] 

Avocados Grown in South Florida and 

Imported Avocados; Change in 

Maturity Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rulemaking 

would implement a recommendation 

from the Avocado Administrative 

Committee (Committee) to change the 

maturity requirements under the 

marketing order for avocados grown in 

South Florida. This action would 

update the avocado maturity shipping 

schedule to allow certain sizes and 

weights of the Beta avocado variety to 

be shipped earlier. A corresponding 

change would be made to the avocado 

import regulation as required under the 

Agricultural Marketing Agreement Act 

of 1937. 

DATES: Comments must be received by 

November 19, 2024. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rulemaking. 

Comments can be sent to the Docket 

Clerk, Market Development Division, 

Specialty Crops Program, AMS, USDA, 

1400 Independence Avenue SW, STOP 

0237, Washington, DC 20250–0237. 

Comments can also be sent to the 

Docket Clerk electronically by Email: 

MarketingOrderComment@usda.gov or 

via the internet at: https://

www.regulations.gov. Comments should 

reference the document number and the 

date and page number of this issue of 

the Federal Register. Comments 

submitted in response to this proposed 

rulemaking will be included in the 

record and will be made available to the 

public and can be viewed at: https://

www.regulations.gov. 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: 

Jennie M. Varela, Marketing Specialist, 

or Christian D. Nissen, Branch Chief, 

Southeast Region Branch, Market 

Development Division, Specialty Crops 

Program, AMS, USDA; Telephone: (863) 

324–3375, Fax: (863) 291–8614, or 

Email: Jennie.Varela@usda.gov or 

Christian.Nissen@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Richard Lower, 

Market Development Division, Specialty 

Crops Program, AMS, USDA, 1400 

Independence Avenue SW, STOP 0237, 

Washington, DC 20250–0237; 

Telephone: (202) 720–8085, or Email: 

Richard.Lower@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

action, pursuant to 5 U.S.C. 553, 

proposes to amend regulations issued to 

carry out a marketing order as defined 

in 7 CFR 900.2(j). This proposed 

rulemaking is issued under Marketing 

Order No. 915, as amended (7 CFR part 

915), regulating the handling of 

avocados grown in South Florida. Part 

915 referred to as 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 Committee 

locally administers the Order and is 

comprised of growers and handlers of 

avocados operating within the 

production area, and one public 

member. 

This proposed rulemaking is also 

issued under section 8e of the Act (7 

U.S.C. 608e–1), 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 Agricultural Marketing Service 

(AMS) is issuing this proposed 

rulemaking in conformance with 

Executive Orders 12866, 13563, and 

14094. Executive Orders 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, 

reducing costs, harmonizing rules, and 

promoting flexibility. Executive Order 

14094 reaffirms, supplements, and 

updates Executive Order 12866 and 

further directs agencies to solicit and 

consider input from a wide range of 

affected and interested parties through a 

variety of means. This proposed action 

falls within a category of regulatory 

actions that the Office of Management 

and Budget (OMB) exempted from 

Executive Order 12866 review. 

This proposed rulemaking has been 

reviewed under Executive Order 

13175—Consultation and Coordination 

with Indian Tribal Governments, which 

requires Federal agencies to consider 

whether their rulemaking actions would 

have Tribal implications. AMS has 

determined that this proposed 

rulemaking is unlikely to have 

substantial direct effects on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes. 

This proposed rulemaking 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 8c(15)(A) of the Act (7 U.S.C. 

608c(15)(A)), any handler subject to an 

order may file with the U.S. Department 

of Agriculture (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. 


ddrumheller on DSK120RN23PROD with PROPOSALS1
77038 Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Proposed Rules 

There are no administrative 

procedures that must be exhausted prior 

to any judicial challenge to the 

provisions of import regulations issued 

under section 8e of the Act. 

This proposed rulemaking would 

change the maturity requirements 

prescribed under the Order. This action 

would update the avocado maturity 

shipping schedule to allow certain sizes 

and weights of the Beta avocado variety 

to be shipped to the fresh market earlier 

than presently allowable. With this 

change, the maturity schedule would 

better reflect the current maturity rate 

for the Beta variety, facilitating the 

shipment of this variety as it matures. 

The proposal was unanimously 

recommended by the Committee at its 

August 9, 2023, meeting. 

Section 915.51 of the Order provides, 

in part, authority to establish maturity 

requirements for avocados. Section 

915.52 of the Order provides authority 

for the modification, suspension, or 

termination of established regulations. 

Section 915.332 of the Order’s rules and 

regulations establishes the maturity 

requirements for avocados grown in 

Florida. These requirements are 

specified in table I of § 915.332(a) and 

establish minimum weights and 

diameters to delineate specific shipping 

time frames for avocados shipped under 

the Order. Maturity requirements for 

avocados imported into the United 

States are currently in effect under 

§ 944.31. 

The maturity requirements are 

designed to prevent the shipment of 

immature avocados and to include the 

annual shipping schedule to help 

ensure only mature fruit reaches the 

market. This helps to provide buyer 

confidence and consumer satisfaction 

essential for the successful marketing of 

the crop. Avocado varieties mature at 

different times, and varieties can vary 

considerably in terms of size and 

weight. The maturity requirements for 

the various varieties of avocados are 

different, as each variety has different 

growing and maturation characteristics. 

These maturity dates and requirements 

are established based on a testing 

procedure developed in conjunction 

with USDA. 

The shipping schedule in table I 

specifies the individual maturity 

requirements for the numerous avocado 

varieties shipped each season. As larger 

fruit within a variety matures earliest, 

the schedule makes the larger sized fruit 

available for market first, followed by 

other dates to incrementally release 

smaller sizes for shipment as they 

mature. As such, the maturity schedule 

is usually divided into A, B, C, and D 

dates, which are associated with 

specific weights and sizes reflecting 

when a particular variety matures. 

Avocados may not be shipped until 

the earliest date, the A date, specified 

for that variety on the shipping schedule 

so that only mature fruits 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 of that 

variety should be mature and releases 

all sizes and weights for shipment. 

The Committee staff regularly tests 

the maturity level of different varieties 

based on reported changes in maturity. 

The Committee also has a maturity 

subcommittee that reviews this, other 

information, and trends in maturity. 

Using this information, this 

subcommittee recommends which 

varieties may need to be tested to see if 

adjustments need to be made to the 

dates on the maturity schedule. The 

subcommittee heard from growers that 

the Beta variety was maturing ahead of 

the established schedule and 

recommended to the full Committee that 

the Beta variety be tested for changes in 

maturity. At the direction of the 

Committee, Committee staff began 

sampling the Beta variety across 

different farms and testing the level of 

maturity. 

After three years of testing, the 

Committee staff provided the 

subcommittee with the maturity data 

they had collected. Based on their 

review of the data, the subcommittee 

agreed the fruit was maturing before the 

current shipping dates. They reported to 

the full Committee that due to changes 

in climate conditions and cultural 

practices the Beta variety was maturing 

earlier than the dates in the schedule. 

The Committee met on August 9, 

2023, and reviewed the report from the 

subcommittee. The subcommittee 

recommended, and the full Committee 

agreed, that the A, B, C, and D dates for 

the Beta should each be moved up two 

weeks, respectively. The Committee 

concluded these revised dates would 

better reflect the current maturity rate 

for Beta. The Committee believes this 

change would allow growers to send 

mature quality fruit of this variety to the 

market earlier. It would also reduce 

limb breakage and fruit loss by enabling 

timely harvesting, allowing the larger, 

heavier fruit to be removed from the tree 

sooner. Consequently, the Committee 

unanimously approved this 

recommendation. 

This rule would change the A and the 

B date for Beta listed on the maturity 

schedule from August 8 to July 25 and 

from August 15 to August 1, 

respectively. This rule would also 

change the C date for Beta from August 

29 to August 15, and the D date from 

September 5 to August 22. The 

corresponding sizes and weights 

associated with these dates will 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 listed 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. 

Maturity requirements for avocados 

imported into the United States are 

currently in effect under § 944.31. As 

this rule would revise the maturity 

requirements for the Beta variety under 

the domestic handling regulations, a 

corresponding change to the import 

regulations must also be considered. 

This action would update the avocado 

maturity shipping schedule to allow 

certain sizes and weights of the Beta 

avocado variety to be shipped to the 

fresh market up to two weeks earlier 

than presently allowed. This change 

should facilitate moving mature fruit to 

the market, benefitting domestic 

growers and handlers as well as 

importers. This proposed change would 

only impact the maturity requirements 

under the Order and the import 

regulation and would make no change 

to the current grade requirements. 

The Hass, Fuerte, Zutano, and 

Edranol varieties of avocados are 

currently exempt from the maturity 

requirements under the Order and the 

import regulation and continue to be 

exempt under this rule. However, these 

varieties are not exempt from the grade 

regulations specified under the Order 

and import regulation, which are not 

being changed by this action. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) (5 

U.S.C. 601–612), AMS has considered 

the economic impact of this proposed 

rulemaking 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 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Proposed Rules 77039 

small entities acting on their own 

behalf. 

There are 201 growers of Florida 

avocados in the production area and 21 

handlers subject to regulation under the 

Order. The Small Business 

Administration (SBA) defines small 

agricultural growers as those having 

annual receipts of no more than 

$3,500,000 for Other Noncitrus Fruit 

Farming (NAICS code 111339), and 

small agricultural service firms, 

including handlers, are defined as those 

whose annual receipts are less than 

$34,000,000 for Postharvest Crop 

Activities (NAICS code 115114) (13 CFR 

121.201). 

According to the National 

Agricultural Statistical Service (NASS), 

the average grower price paid for 

Florida avocados in 2022 was $22.00 

per 55-pound bushel container. Utilized 

production was equivalent to 648,727 

55-pound bushels for a total value of 

$14,272,000 ($22.00 multiplied by 

648,727 55-pound bushels equals 

$14,272,000). Dividing the crop value by 

the estimated number of growers yields 

an estimated average receipt per grower 

of $71,005 ($14,272,000 divided by 

201), so the majority of growers would 

have annual receipts of less than 

$3,500,000. 

USDA Market News reported average 

shipping point prices for green skinned 

avocados were $57.29 per 55-pound 

bushel equivalent in October of 2022. 

Using this price and the total utilization, 

the total 2022 handler crop value is 

estimated at $37,165,570 ($57.29 

multiplied by 648,727 55-pound bushels 

equals $37,165,570). Dividing this figure 

by the number of handlers yields 

estimated average annual handler 

receipts of $1,769,790 ($37,165,570 

divided by 21), which is below the SBA 

threshold for small agricultural service 

firms. 

In 2022, the Dominican Republic, 

Peru, Columbia, Mexico, and Jamaica 

were the major countries exporting 

avocado varieties other than Hass to the 

United States. In 2020, shipments of 

these types of avocados imported into 

the United States totaled around 33,454 

metric tons. Of that amount, about 

33,075 metric tons were imported from 

the Dominican Republic. Information 

from USDA’s Global Agricultural Trade 

System database indicates the dollar 

value of these avocados to be 

approximately $48,386,000. There are 

approximately 20 importers of green 

skin avocados. Using the total value and 

the number of importers, the average 

importer would have annual receipts of 

less than $34 million. 

Based on these estimates, the majority 

of Florida avocado producers and 

handlers, and importers may be 

classified as small entities. 

This proposed rulemaking would 

update the avocado maturity shipping 

schedule to allow certain sizes and 

weights of the Beta avocado variety to 

be shipped to the fresh market up to two 

weeks earlier than presently allowed. 

With this change, the maturity schedule 

would better reflect the current maturity 

rate for the Beta variety, facilitating the 

shipment of this variety as it matures, 

which would benefit growers, handlers, 

importers, and consumers. A 

corresponding change would be made to 

the import regulations. This proposed 

rulemaking would revise § 915.332. 

Authority for this change is provided in 

§§ 915.51 and 915.52. This proposed 

rulemaking would also change § 944.31 

in the avocado import regulation, as is 

required by section 8e of the Act. This 

proposed change would only impact the 

maturity requirements under the Order 

and import regulation and would make 

no change to the current grade 

requirements. 

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 would have a beneficial 

impact. Based on three seasons of 

maturity testing, the Committee 

recommended moving the A, B, C, and 

D dates on the maturity schedule 

forward two weeks, respectively, for the 

Beta 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 Beta and would facilitate the 

shipment of this variety as it matures, 

while continuing to ensure that only 

mature fruit is shipped to the fresh 

market. It would also help reduce limb 

breakage and fruit loss and their 

associated costs by enabling timely 

harvesting, allowing the bigger, heavier 

fruit to be removed from the tree sooner. 

The benefits of this rule are expected to 

be equally available to all fresh avocado 

growers, handlers, and importers, 

regardless of their size. 

One alternative to this action would 

be to maintain the current maturity 

requirements for the Beta variety. 

However, the Committee recognized 

that growing conditions and practices 

have changed over the years and the 

data indicates this fruit is maturing 

ahead of the current dates on the 

schedule. The Committee believes 

establishing the changes in this 

proposed rulemaking, rather than the 

alternative, would reflect current 

maturation and help ensure a quality 

product reaches consumers. Therefore, 

the Committee rejected this alternative. 

The Committee’s meetings are widely 

publicized throughout the Florida 

avocado industry and all interested 

persons are invited to attend the 

meetings and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the August 9, 

2023, meeting was a public meeting and 

all entities, both large and small, were 

able to express views on this issue. 

Finally, interested persons are invited to 

submit comments on this proposed 

rulemaking, including the regulatory 

impacts of this action on small 

businesses. 

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 OMB and 

assigned OMB No. 0581–0189 Fruit 

Crops. No changes in those 

requirements would be necessary as a 

result of this proposed rulemaking. 

Should any changes become necessary, 

they would be submitted to OMB for 

approval. 

This proposed rulemaking would not 

impose any 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. 

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. 

AMS has not identified any relevant 

Federal rules that duplicate, overlap, or 

conflict with this proposed rulemaking. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: https://

www.ams.usda.gov/rules-regulations/ 

moa/small-businesses. Any questions 

about the compliance guide should be 

sent to Richard Lower at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendations 

submitted by the Committee and other 

available information, USDA has 

determined that this proposed 

rulemaking is consistent with and 

would effectuate the purposes of the 

Act. 

In accordance with section 8e of the 

Act, the United States Trade 


ddrumheller on DSK120RN23PROD with PROPOSALS1
77040 Federal Register / Vol. 89, No. 183 / Friday, September 20, 2024 / Proposed Rules 

Representative has concurred with the 

issuance of this proposed rulemaking. 

A 60-day comment period is provided 

to allow interested persons to comment 

on this proposed rulemaking. All 

written comments timely received will 

be considered before a final 

determination is made on 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, Plums, Prunes. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR parts 

915 and 944 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 

‘‘Beta’’ 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 

*******

Beta ........................... 7–25 18 38/16 8–01 16 35/16 8–15 14 33/ 8–22 

*******

* * * * * 

■ 3. In § 944.31, Table I, the entry for 

‘‘Beta’’ 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 

*******

Beta ........................... 7–25 18 38/16 8–01 16 35/16 8–15 14 33/16 8–22 

*******

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2024–21522 Filed 9–19–24; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF ENERGY 

10 CFR Part 1008 

[DOE–HQ–2023–0058] 

RIN 1903–AA16 

Privacy Act of 1974: Implementation of 

Exemptions 

AGENCY: U.S. Department of Energy. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Department of Energy 

(DOE, the Department) is proposing to 

revise its regulations to exempt certain 

records maintained under a newly 

established system of records—DOE–42 

Nondiscrimination in Federally 

Assisted Programs Files—from the 

notification and access provisions of the 

Privacy Act of 1974. The Department 

proposes to exempt portions of this 

system of records from these 

subsections of the Privacy Act because 

of requirements related to investigatory 

material compiled for law enforcement 

purposes. 

DATES: To be assured of consideration, 

written comments on this proposed 

rulemaking must be received at one of 

the addresses listed in the ADDRESSES

section, on or before October 21, 2024. 

Comments received following the 

aforementioned date may be considered 

if it is practical to do so. 

ADDRESSES: Please refer to section V 

(Public Participation—Submission of 

Comments) for additional information 

on the comment period. To comment on 

the System of Records Notice (SORN) 

associated with this proposed 

rulemaking, which is published 

elsewhere in this issue of the Federal 

Register, please refer to that SORN’s 

own Federal Register Notice, using 

docket number DOE–HQ–2023–0058. 

You may submit comments identified 

by docket number DOE–HQ–2023–0058, 

as follows: 

Federal eRulemaking Portal: 

www.regulations.gov. Include the docket 

number DOE–HQ–2023–0058 in the 

‘‘Enter Keyword or ID’’ field and click 

on ‘‘Search.’’ On the next web page, 

click on ‘‘Submit a Comment’’ action 

and follow the instructions in the portal. 

Mail/Hand Delivery/Courier [For 

paper, disk, or CD-ROM submissions] to: 

Ken Hunt, U.S. Department of Energy, 

1000 Independence Avenue SW, Office 

8H–085, Washington, DC 20585. 

Comments received, including any 

personal information, will be posted 

without change to www.regulations.gov. 

Docket: The docket, which includes 

Federal Register notices, comments, 

and other supporting documents/ 

materials, is available for review at 

www.regulations.gov. All documents in 

the docket are listed in the 

www.regulations.gov index. However, 


ddrumheller on DSK120RN23PROD with PROPOSALS1