80 FR 22357 - Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 77 (April 22, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 77 (April 22, 2015)
| Page Range | 22357-22358 | |
| FR Document | 2015-09287 |
[Federal Register Volume 80, Number 77 (Wednesday, April 22, 2015)] [Rules and Regulations] [Pages 22357-22358] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09287] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ 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. ======================================================================== Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations [[Page 22357]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 915 and 944 [Doc. No. AMS-FV-14-0051; FV14-915-1 FIR] Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements 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 changed the maturity requirements prescribed under the Florida avocado marketing order (order) and avocado import regulation. The interim rule changed 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 better reflects the current maturity rate for the Choquette variety, facilitating the shipment of this variety as it matures. DATES: Effective April 27, 2015. 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) 291-8614, or Email: [email protected] or [email protected]. Small businesses may request information on complying with this and other marketing order and agreement regulations by viewing a guide at the following Web site: http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide; or 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: [email protected]. 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 rule is also issued under section 8e of the Act, 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 the domestically produced commodities. The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. The handling of avocados grown in South Florida is regulated by 7 CFR part 915. Prior to this change, the B date for the Choquette variety listed on the maturity schedule was October 17, the C date was October 31, and the D date was November 14. Three years of testing by Avocado Administrative Committee (Committee) staff indicated that some weights and sizes were maturing earlier, prompting the Committee to recommend moving the B, C, and D dates each up one week, respectively. Therefore, this rule continues in effect the rule that changed the B date for Choquettes listed on the maturity schedule from October 17 to October 10, the C date 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 Sec. 915.332. Imported avocados are subject to regulations specified in 7 CFR part 944. Under those regulations, imported avocados must meet the same minimum size requirements as specified for domestic avocados under the order. Therefore, the B date for Choquette variety listed on the maturity schedule was also changed from October 17 to October 10, the C date changed from October 31 to October 24, and the D date changed from November 14 to November 7. In an interim rule published in the Federal Register on September 16, 2014, and effective on September 19, 2014, (79 FR 55351, Doc. No. AMS-FV-14-0051, FV14-915-1 IR), Sec. Sec. 915.332 and 944.31 were amended by changing the B date for the Choquette variety listed on the maturity schedule from October 17 to October 10, the C date from October 31 to October 24, and the D date from November 14 to November 7. 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 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 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 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 [[Page 22358]] 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 exporting avocado varieties other than Hass to the United States. In 2013, shipments of these type of 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 were imported from Costa Rica. Mexico, Chile, and Peru are the major countries producing and exporting Hass-type 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 continues in effect the action that changed the maturity requirements prescribed under the order's rules and regulations. This rule changed the maturity shipping schedule to allow certain sizes and weights of the Choquette avocado variety to be shipped to the fresh market earlier and made a corresponding change to the avocado import regulation. With this change, the maturity schedule better reflects the current maturity rate for the Choquette variety, facilitating the shipment of this variety as it matures. Authority for this change is provided in Sec. Sec. 915.51 and 915.52. This rule amends the provisions in Sec. Sec. 915.332 and 944.31. 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 this size. 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. 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. Comments on the interim rule were required to be received on or before November 17, 2014. Two comments were received. One comment expressed support for the change. The second commenter asked if there were health risks to the consumer if these avocados are consumed too early. The avocado maturity schedule is designed to ensure only mature avocados that will ripen properly are shipped to consumers. Immaturity can negatively affect the taste and quality of the fruit. Accordingly, no changes will be made to the rule based on the comments received, and we are adopting the interim rule as a final rule, without change for the reasons given in the interim rule. To view the interim rule, go to: http://www.regulations.gov/#!documentDetail;D=AMS-FV-14-0051-0001 This action also affirms information contained in the interim rule concerning Executive Orders 12866, 12988, 13563, and 13175; the Paperwork Reduction Act (44 U.S.C. Chapter 35); and the E-Gov Act (44 U.S.C. 101). In accordance with section 8e of the Act, the United States Trade Representative has concurred with the issuance of this final rule. After consideration of all relevant material presented, it is found that finalizing the interim rule, without change, as published in the Federal Register (79 FR 55351, September 16, 2014) will tend to effectuate the declared policy of the Act. 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. PARTS 915 and 944--[AMENDED] 0 Accordingly, the interim rule that amended 7 CFR parts 915 and 944 and that was published at 79 FR 55351 on September 16, 2014, is adopted as a final rule, without change. Dated: April 16, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-09287 Filed 4-21-15; 8:45 am] BILLING CODE P
![22357
Rules and Regulations Federal Register
Vol. 80, No. 77
Wednesday, April 22, 2015
This section of the FEDERAL REGISTER or by contacting Jeffrey Smutny, Monday nearest to the date specified in
contains regulatory documents having general Marketing Order and Agreement the maturity schedule as specified in
applicability and legal effect, most of which Division, Fruit and Vegetable Program, § 915.332.
are keyed to and codified in the Code of AMS, USDA, 1400 Independence Imported avocados are subject to
Federal Regulations, which is published under Avenue SW., STOP 0237, Washington, regulations specified in 7 CFR part 944.
50 titles pursuant to 44 U.S.C. 1510. Under those regulations, imported
DC 20250–0237; Telephone: (202) 720–
The Code of Federal Regulations is sold by 2491, Fax: (202) 720–8938, or Email: avocados must meet the same minimum
the Superintendent of Documents. Prices of Jeffrey.Smutny@ams.usda.gov. size requirements as specified for
new books are listed in the first FEDERAL SUPPLEMENTARY INFORMATION: This rule
domestic avocados under the order.
REGISTER issue of each week. is issued under Marketing Agreement Therefore, the B date for Choquette
No. 121 and Marketing Order No. 915, variety listed on the maturity schedule
both as amended (7 CFR part 915), was also changed from October 17 to
DEPARTMENT OF AGRICULTURE regulating the handling of avocados October 10, the C date changed from
grown in South Florida, hereinafter October 31 to October 24, and the D date
Agricultural Marketing Service changed from November 14 to
referred to as the ‘‘order.’’ The order is
November 7.
7 CFR Parts 915 and 944 effective under the Agricultural
In an interim rule published in the
Marketing Agreement Act of 1937, as Federal Register on September 16, 2014,
[Doc. No. AMS–FV–14–0051; FV14–915–1 amended (7 U.S.C. 601–674), hereinafter
FIR] and effective on September 19, 2014, (79
referred to as the ‘‘Act.’’ FR 55351, Doc. No. AMS–FV–14–0051,
This rule is also issued under section
Avocados Grown in South Florida and FV14–915–1 IR), §§ 915.332 and 944.31
8e of the Act, which provides that
Imported Avocados; Change in were amended by changing the B date
whenever certain specified
Maturity Requirements for the Choquette variety listed on the
commodities, including avocados, are
maturity schedule from October 17 to
AGENCY: Agricultural Marketing Service, regulated under a Federal marketing
October 10, the C date from October 31
USDA. order, imports of these commodities to October 24, and the D date from
ACTION: Affirmation of interim rule as into the United States are prohibited November 14 to November 7.
final rule. unless they meet the same or
comparable grade, size, quality, or Final Regulatory Flexibility Analysis
SUMMARY: The Department of maturity requirements as those in effect Pursuant to requirements set forth in
Agriculture (USDA) is adopting, as a for the domestically produced the Regulatory Flexibility Act (RFA) (5
final rule, without change, an interim commodities. U.S.C. 601–612), the Agricultural
rule that changed the maturity The Department of Agriculture Marketing Service (AMS) has
requirements prescribed under the (USDA) is issuing this rule in considered the economic impact of this
Florida avocado marketing order (order) conformance with Executive Orders action on small entities. Accordingly,
and avocado import regulation. The 12866, 13563, and 13175. AMS has prepared this final regulatory
interim rule changed the maturity The handling of avocados grown in flexibility analysis.
shipping schedule to allow certain sizes South Florida is regulated by 7 CFR part The purpose of the RFA is to fit
and weights of the Choquette avocado 915. Prior to this change, the B date for regulatory actions to the scale of
variety to be shipped to the fresh market the Choquette variety listed on the businesses subject to such actions in
earlier. With this change, the maturity maturity schedule was October 17, the order that small businesses will not be
schedule better reflects the current C date was October 31, and the D date unduly or disproportionately burdened.
maturity rate for the Choquette variety, was November 14. Three years of testing Marketing orders issued pursuant to the
facilitating the shipment of this variety by Avocado Administrative Committee Act, and the rules issued thereunder, are
as it matures. (Committee) staff indicated that some unique in that they are brought about
DATES: Effective April 27, 2015. weights and sizes were maturing earlier, through group action of essentially
FOR FURTHER INFORMATION CONTACT: prompting the Committee to small entities acting on their own
Doris Jamieson, Marketing Specialist, or recommend moving the B, C, and D behalf.
Christian D. Nissen, Regional Director, dates each up one week, respectively. There are approximately 30 handlers
Southeast Marketing Field Office, Therefore, this rule continues in effect of Florida avocados subject to regulation
Marketing Order and Agreement the rule that changed the B date for under the order and approximately 300
Division, Fruit and Vegetable Program, Choquettes listed on the maturity producers of avocados in the production
AMS, USDA; Telephone: (863) 324– schedule from October 17 to October 10, area. There are approximately 70
3375, Fax: (863) 291–8614, or Email: the C date from October 31 to October importers of West Indian- and
Doris.Jamieson@ams.usda.gov or 24, and the D date from November 14 Guatemalan-type avocado varieties like
Christian.Nissen@ams.usda.gov. to November 7. The corresponding sizes those grown in Florida. Small
mstockstill on DSK4VPTVN1PROD with RULES
Small businesses may request and weights associated with these dates agricultural service firms, which
information on complying with this and remain unchanged. The dates on the include avocado handlers and
other marketing order and agreement maturity schedule are the basis for importers, are defined by the Small
regulations by viewing a guide at the calculating the actual shipping dates (A, Business Administration (SBA) as those
following Web site: http:// B, C, D dates) for each individual whose annual receipts are less than
www.ams.usda.gov/ season. The actual shipping dates for an $7,000,000, and small agricultural
MarketingOrdersSmallBusinessGuide; individual year are established as the producers are defined as those having
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![22358 Federal Register / Vol. 80, No. 77 / Wednesday, April 22, 2015 / Rules and Regulations
annual receipts less than $750,000 (13 the import regulation is required under properly are shipped to consumers.
CFR 121.201). section 8e of the Act. Immaturity can negatively affect the
According to Committee data and This action is not expected to increase taste and quality of the fruit.
information from the National the costs associated with the order’s Accordingly, no changes will be made
Agricultural Statistical Service, the requirements or the avocado import to the rule based on the comments
average price for Florida avocados regulation. Rather, it is anticipated that received, and we are adopting the
during the 2011–12 season was this action will have a beneficial impact. interim rule as a final rule, without
approximately $20.79 per 55-pound Based on several seasons of maturity change for the reasons given in the
bushel container and total shipments testing, the Committee recommended
interim rule.
were slightly higher than 1.2 million 55- moving the B, C, and D dates on the
pound bushels. Using the average price maturity schedule forward one week, To view the interim rule, go to: http://
and shipment information, the majority respectively, for the Choquette variety, www.regulations.gov/
of avocado handlers could be allowing the associated sizes and #!documentDetail;D=AMS-FV-14-0051-
considered small businesses under weights to be shipped to the fresh 0001
SBA’s definition. In addition, based on market earlier. The revised dates better This action also affirms information
avocado production, producer prices, reflect the current maturity rate for contained in the interim rule concerning
and the total number of Florida avocado Choquettes, and will facilitate the Executive Orders 12866, 12988, 13563,
producers, the average annual producer shipment of this variety as it matures, and 13175; the Paperwork Reduction
revenue is less than $750,000. while continuing to ensure that only
Act (44 U.S.C. Chapter 35); and the E-
Information from the Foreign mature fruit is shipped to the fresh
Gov Act (44 U.S.C. 101).
Agricultural Service, USDA, indicates market. The benefits of this rule are
expected to be equally available to all In accordance with section 8e of the
that the dollar value of imported West
Indian- and Guatemalan-type avocados fresh avocado growers, handlers, and Act, the United States Trade
was $15.5 million in 2013. Using these importers, regardless of this size. Representative has concurred with the
In accordance with the Paperwork issuance of this final rule.
values, most importers would have
Reduction Act of 1995 (44 U.S.C. After consideration of all relevant
annual receipts of less than $7,000,000
Chapter 35), the order’s information
for avocados. Consequently, the material presented, it is found that
collection requirements have been
majority of avocado handlers, finalizing the interim rule, without
previously approved by the Office of
producers, and importers may be change, as published in the Federal
Management and Budget (OMB) and
classified as small entities. Register (79 FR 55351, September 16,
assigned OMB No. 0581–0189, ‘‘Generic
The Dominican Republic, Peru, and Fruit Crops.’’ No changes in those 2014) will tend to effectuate the
Costa Rica, are the major production requirements as a result of this action declared policy of the Act.
areas exporting avocado varieties other are necessary. Should any changes
than Hass to the United States. In 2013, List of Subjects
become necessary, they would be
shipments of these type of avocados submitted to OMB for approval. 7 CFR Part 915
imported into the United States totaled This rule will not impose any
around 14,500 metric tons. Of that additional reporting or recordkeeping Avocados, Marketing agreements,
amount, 14,400 metric tons were requirements on either small or large Reporting and recordkeeping
imported from the Dominican Republic, avocado handlers. As with all Federal requirements.
63 metric tons were imported from Peru, marketing order programs, reports and
and 21 metric tons were imported from 7 CFR Part 944
forms are periodically reviewed to
Costa Rica. Mexico, Chile, and Peru are reduce information requirements and Avocados, Food grades and standards,
the major countries producing and duplication by industry and public Grapefruit, Grapes, Imports, Kiwifruit,
exporting Hass-type avocados to the sector agencies. In addition, USDA has Limes, Olives, Oranges.
United States. In 2013, shipments of not identified any relevant Federal rules
Hass-type avocados imported into the that duplicate, overlap or conflict with PARTS 915 and 944—[AMENDED]
United States totaled around 548,000 this rule.
metric tons. Mexico accounted for Further, the Committee’s meeting was ■ Accordingly, the interim rule that
500,000 metric tons, with 23,400 metric widely publicized throughout the amended 7 CFR parts 915 and 944 and
tons from Chile, and 21,500 metric tons Florida avocado industry and all
from Peru. that was published at 79 FR 55351 on
interested persons were invited to September 16, 2014, is adopted as a
This rule continues in effect the attend the meeting and participate in
action that changed the maturity final rule, without change.
Committee deliberations. Like all
requirements prescribed under the Committee meetings, the April 9, 2014, Dated: April 16, 2015.
order’s rules and regulations. This rule meeting was a public meeting and all Rex A. Barnes,
changed the maturity shipping schedule entities, both large and small, were able Associate Administrator, Agricultural
to allow certain sizes and weights of the to express their views on this issue. Marketing Service.
Choquette avocado variety to be shipped Comments on the interim rule were [FR Doc. 2015–09287 Filed 4–21–15; 8:45 am]
to the fresh market earlier and made a required to be received on or before
BILLING CODE P
corresponding change to the avocado November 17, 2014. Two comments
import regulation. With this change, the were received.
mstockstill on DSK4VPTVN1PROD with RULES
maturity schedule better reflects the One comment expressed support for
current maturity rate for the Choquette the change. The second commenter
variety, facilitating the shipment of this asked if there were health risks to the
variety as it matures. Authority for this consumer if these avocados are
change is provided in §§ 915.51 and consumed too early. The avocado
915.52. This rule amends the provisions maturity schedule is designed to ensure
in §§ 915.332 and 944.31. The change in only mature avocados that will ripen
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Document Created: 2015-12-16 08:28:18
Document Modified: 2015-12-16 08:28:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Affirmation of interim rule as final rule. | |
| Dates | Effective April 27, 2015. | |
| 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) 291-8614, or Email: [email protected] or [email protected] | |
| FR Citation | 80 FR 22357 | |
| CFR Citation | 7
CFR
915 7 CFR 944 | |
| CFR Associated | Avocados; Marketing Agreements; Reporting and Recordkeeping Requirements; Food Grades and Standards; Grapefruit; Grapes; Imports; Kiwifruit; Limes; Olives and Oranges |
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