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

24070 

Vol. 87, No. 78 

Friday, April 22, 2022 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Doc. No. AMS–SC–22–0004; SC22–915–1 

PR] 

Avocados Grown in South Florida; 

Increased Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

implement a recommendation from the 

Avocado Administrative Committee to 

increase the assessment rate established 

for the 2022–23 and subsequent fiscal 

years. The assessment rate would 

remain in effect indefinitely unless 

modified, suspended, or terminated. 

DATES: Comments must be received by 

May 23, 2022. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule. 

Comments must be submitted to the 

Docket Clerk electronically by Email: 

MarketingOrderComment@usda.gov or 

internet: https://www.regulations.gov. 

Comments should reference the 

document number and the date and 

page number of this issue of the Federal 

Register and can be viewed at: https:// 

www.regulations.gov. All comments 

submitted in response to this proposed 

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: 

Abigail Campos, Marketing Specialist, 

or Christian D. Nissen, Regional 

Director, Southeast Region Branch, 

Market Development Division, Specialty 

Crops Program, AMS, USDA; 

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

291–8614, or Email: Abigail.Campos@

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) 720–2491, 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 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. 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 

Avocado Administrative Committee 

(Committee) locally administers the 

Order and is comprised of growers and 

handlers operating within the area of 

production, and a public member. 

The Agricultural Marketing Service 

(AMS) is issuing this proposed rule in 

conformance with Executive Orders 

12866 and 13563. 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. This action falls 

within a category of regulatory actions 

that the Office of Management and 

Budget (OMB) exempted from Executive 

Order 12866 review. 

This proposed rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments, which 

requires agencies to consider whether 

their rulemaking actions would have 

tribal implications. AMS has 

determined that this proposed rule 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 rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under the Order now in 

effect, Florida avocado handlers are 

subject to assessments. Funds to 

administer the Order are derived from 

such assessments. It is intended that the 

assessment rate as proposed herein 

would be applicable to all assessable 

Florida avocados for the 2022–23 fiscal 

year, and continue until amended, 

suspended, or terminated. 

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 the United States 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 

no later than 20 days after the date of 

the entry of the ruling. 

This proposed rule would increase 

the assessment rate established for the 

2022–23 and subsequent fiscal years 

from $0.45 to $0.50 per 55-pound 

container or equivalent of avocados. 

The Order authorizes the Committee, 

with the approval of AMS, to formulate 

an annual budget of expenses and 

collect assessments from handlers to 

administer the program. The members 

of the Committee are familiar with the 

Committee’s needs and with the costs 

for goods and services in their local area 

and are able to formulate an appropriate 

budget and assessment rate. The 

assessment rate is formulated and 

discussed in a public meeting, and all 

directly affected persons have an 

opportunity to participate and provide 

input. 

For the 2021–22 and subsequent fiscal 

years, the Committee recommended, 

and AMS approved, an assessment rate 

that would continue in effect from fiscal 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Proposed Rules 24071 

year to fiscal year unless modified, 

suspended, or terminated by AMS upon 

recommendation and information 

submitted by the Committee or other 

information available to AMS. 

The Committee met on January 12, 

2022, and recommended 2022–23 

expenditures of $268,484 and an 

assessment rate of $0.50 per 55-pound 

container or equivalent of avocados. In 

comparison, last year’s budgeted 

expenditures were $348,484. The 

assessment rate of $0.50 is $0.05 higher 

than the rate currently in effect. The 

Committee discussed the need to 

increase the assessment rate based on 

the 2022–23 crop estimate of 500,000 

55-pound containers, a decrease from 

800,000 from the previous year. At the 

current assessment rate, assessment 

income would equal only $225,000, an 

amount insufficient to cover the 

Committee’s anticipated expenditures of 

$268,484. By increasing the assessment 

rate by $0.05, assessment income would 

be $250,000, which would reduce the 

amount of funds needed from the 

Committee’s authorized reserve to cover 

the 2022–23 budgeted expenses. This 

amount, along with interest income, and 

funds from the reserve, should provide 

sufficient funds to meet 2022–23 

anticipated expenses. 

Major expenditures recommended by 

the Committee for the 2022–23 year 

include $116,164 for salaries, $53,350 

for employee benefits, and $26,500 for 

office rent and supplies. Budgeted 

expenses for these items in 2021–22 

were $116,164, $53,350, and $26,500 

respectively. 

The assessment rate recommended by 

the Committee was derived by 

reviewing anticipated expenses, 

expected shipments of Florida 

avocados, and the level of funds in 

reserve. Avocado shipments for the year 

are estimated at 500,000 55-pound 

containers, which should provide 

$250,000 in assessment income (500,000 

containers × $0.50). Income derived 

from handler assessments at the 

proposed rate, along with interest 

income, and funds from the 

Committee’s authorized reserve, should 

be adequate to cover budgeted expenses. 

Funds in the reserve (currently about 

$230,000) are expected to be kept within 

the maximum permitted by the Order 

(approximately three fiscal years’ 

expenses as authorized in § 915.42). 

The proposed assessment rate would 

continue in effect indefinitely unless 

modified, suspended, or terminated by 

AMS upon recommendation and 

information submitted by the 

Committee or other available 

information. 

Although this assessment rate would 

be in effect for an indefinite period, the 

Committee would continue to meet 

prior to or during each fiscal year to 

recommend a budget of expenses and 

consider recommendations for 

modification of the assessment rate. 

Dates and times of Committee meetings 

are available from the Committee or 

AMS. Committee meetings are open to 

the public and interested persons may 

express their views at these meetings. 

AMS evaluates Committee 

recommendations and other available 

information to determine whether 

modification of the assessment rate is 

needed. Further rulemaking would be 

undertaken as necessary. The 

Committee’s 2022–23 budget and those 

for subsequent fiscal years would be 

reviewed and, as appropriate, approved 

by AMS. 

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 

rule 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. 

There are 315 growers of Florida 

avocados in the production area and 24 

handlers subject to regulation under the 

Order. Small agricultural growers are 

defined by the Small Business 

Administration (SBA) as those having 

annual receipts less than $1,000,000, 

and small agricultural service firms are 

defined as those whose annual receipts 

are less than $30,000,000 (13 CFR 

121.201). 

According to the National 

Agricultural Statistical Service, the 

average grower price paid for Florida 

avocados during the 2020–21 season 

was $21.97 per 55-pound container. 

Utilized production was equivalent to 

624,364 55-pound containers for a total 

value of over $13,717,277 ($21.97 

multiplied by 624,364 55-pound 

containers equals $13,717,277). 

Dividing the crop value by the estimated 

number of growers yields an estimated 

average receipt per grower of $43,547 

($13,717,277 divided by 315), so the 

majority of growers would have annual 

receipts of less than $1,000,000. 

AMS Market News reported April 

2021 terminal market prices for green 

skinned avocados were about $83.60 per 

55-pound container. Using this price 

and the total utilization, the total 2020– 

21 handler crop value is estimated at 

$52.2 million ($83.60 multiplied by 

624,364 55-pound containers equals 

$52.2 million). Dividing this figure by 

the number of handlers yields an 

estimated average annual handler 

receipt of $2.18 million ($52.2 million 

divided by 24), which is below the SBA 

threshold for small agricultural service 

firms. Thus, the majority of Florida 

avocado growers and handlers may be 

classified as small entities. 

This proposal would increase the 

assessment rate collected from handlers 

for the 2022–23 and subsequent fiscal 

years from $0.45 to $0.50 per 55-pound 

container or equivalent of avocados. The 

Committee recommended 2022–23 

expenditures of $268,484 and an 

assessment rate of $0.50 per 55-pound 

container or equivalent of avocados. The 

proposed assessment rate of $0.50 is 

$0.05 higher than the previous rate. The 

quantity of assessable avocados for the 

2022–23 season is estimated at 500,000 

55-pound containers. Thus, the $0.50 

rate should provide $250,000 in 

assessment income. Income derived 

from handler assessments, along with 

interest income, and funds from the 

Committee’s authorized reserve, would 

be adequate to cover budgeted expenses. 

Major expenditures recommended by 

the Committee for the 2022–23 fiscal 

year include $116,164 for salaries, 

$53,350 for employee benefits, and 

$26,500 for office rent and supplies. 

Budgeted expenses for these items in 

2021–22 were $116,164, $53,350, and 

$26,500, respectively. 

The Committee recommended 

increasing the assessment based on the 

2022–23 crop estimate of 500,000 55- 

pound containers, which is a decrease 

from the 800,000 55-pound containers 

estimated for the previous year. At the 

current assessment rate, assessment 

income would equal $225,000, an 

amount insufficient to cover the 

Committee’s anticipated expenditures of 

$268,484. By increasing the assessment 

rate by $0.05, assessment income would 

be $250,000, which would reduce the 

amount of funds needed from reserves. 

This amount, along with interest 

income, and funds from reserve, should 

provide sufficient funds to meet 2022– 

23 anticipated expenses. 

Prior to arriving at this budget and 

assessment rate, the Committee 

considered maintaining the current 

assessment rate of $0.45. The Committee 

ultimately determined that leaving the 

assessment unchanged would not 


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24072 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Proposed Rules 

1To view the proposal, supporting documents, 

and public comments, go to www.regulations.gov. 

Enter APHIS–2020–0068 in the Search field. 

generate sufficient revenue to meet the 

Committee’s 2022–23 expenditures of 

$268,484. Therefore, the Committee 

rejected the idea of maintaining the 

current assessment rate. 

A review of historical information and 

preliminary information pertaining to 

the upcoming season indicates that the 

grower price for the 2022–23 season 

should be around $22.50 per 55-pound 

container or equivalent of avocados. The 

proposed assessment rate of $0.50 per 

55-pound container or equivalent of 

avocados represents 2.2 percent of the 

$22.50 estimated average grower price 

($0.50 divided by $22.50 × 100). 

This action would increase the 

assessment obligation imposed on 

handlers. While assessments impose 

additional costs on handlers, the costs 

are minimal and uniform on all 

handlers, and some of the costs may be 

passed on to growers. However, these 

costs are expected to be offset by the 

benefits derived by the operation of the 

Order. 

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 January 12, 

2022, 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 rule, 

including the regulatory and 

informational 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 rule. Should any 

changes become necessary, they would 

be submitted to OMB for approval. 

This proposed rule 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 rule. 

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. 

A 30-day comment period is provided 

to allow interested persons to respond 

to this proposed rule. All written 

comments timely received will be 

considered before a final determination 

is made on this matter. 

List of Subjects in 7 CFR Part 915 

Avocados, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR part 

915 as follows: 

PART 915—AVOCADOS GROWN IN 

SOUTH FLORIDA 

■ 1. The authority citation for part 915 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 915.235 is revised to read 

as follows: 

§ 915.235 Assessment rate. 

On and after April 1, 2022, an 

assessment rate of $0.50 per 55-pound 

container or equivalent is established 

for avocados grown in South Florida. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–08606 Filed 4–21–22; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 1, 2, and 3 

[Docket No. APHIS–2020–0068] 

RIN 0579–AE61 

Standards for Birds Not Bred for Use 

in Research Under the Animal Welfare 

Act 

AGENCY: Animal and Plant Health 

Inspection Service, Agriculture (USDA). 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: We are extending the 

comment period for our proposed rule 

that would revise the regulations to 

establish standards governing the 

humane handling, care, treatment, and 

transportation of birds, excluding birds 

bred for use in research, covered under 

the Animal Welfare Act. This action 

will allow interested persons additional 

time to prepare and submit comments. 

DATES: The comment period for the 

proposed rule published on February 

22, 2022 (87 FR 9880–9913) is extended. 

We will consider all comments that we 

receive on or before May 25, 2022. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

www.regulations.gov. Enter APHIS– 

2020–0068 in the Search field. Select 

the Documents tab, then select the 

Comment button in the list of 

documents. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2020–0068, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at Regulations.gov or in 

our reading room, which is located in 

room 1620 of the USDA South Building, 

14th Street and Independence Avenue 

SW, Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Cody M. Yager, DVM, Supervisory 

Animal Care Specialist, Animal Care, 

APHIS, 4700 River Road, Unit 84, 

Riverdale, MD 20737; (970) 494–7478; 

cody.m.yager@usda.gov. Secondary 

Contact: Dr. David Miller, DVM, Ph.D., 

National Animal Welfare Specialist, 

Animal Care, APHIS, 2150 Centre Ave., 

Building B, Mailstop 3W11, Fort 

Collins, CO 80526; (970) 494–7478; 

david.s.miller@usda.gov. 

SUPPLEMENTARY INFORMATION: On 

February 22, 2022, we published in the 

Federal Register (87 FR 9880–9913, 

Docket No. APHIS–2020–0068) a 

proposal 1 to revise the animal welfare 

regulations by establishing standards 

governing the humane handling, care, 

treatment, and transportation of birds, 

excluding birds bred for use in research, 

covered under the Animal Welfare Act. 

Comments on the proposed rule were 

required to be received on or before 


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