Quiero saber acerca de...

44286

Proposed Rules
Federal Register Vol. 86, No. 153
Thursday, August 12, 2021

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.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Parts 915 and 944
Doc. No. AMSSC200082; SC209152

Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
AGENCY:

This proposed rule would change the maturity requirements currently prescribed under the Florida avocado marketing order. The order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee Committee.
The proposed change would establish beginning and end dates for the annual maturity shipping schedule. A
corresponding change would be made to the avocado import regulation as required under section 8e of the Agricultural Marketing Agreement Act of 1937.
DATES: Comments must be received by October 12, 2021.
ADDRESSES: Interested persons are invited to submit written comments concerning this proposed rule.
Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; or submitted to 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 will be available for public inspection in the Office of the Docket Clerk during regular business hours or 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.

lotter on DSK11XQN23PROD with PROPOSALS1

SUMMARY:

VerDate Sep<11>2014

22:35 Aug 11, 2021

Jkt 253001

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 Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: 863 324
3375, Fax: 863 2918614, 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, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 202500237; Telephone: 202 720
2491, or Email: Richard.Lower@
usda.gov.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2j. 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. 601674, 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 a public member.
This rule is also issued under section 8e of the Act 7 U.S.C. 608e1, 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 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
PO 00000

Frm 00001

Fmt 4702

Sfmt 4702

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. In accordance with Executive Order 13175, AMS has not identified any tribal implications as a result of this proposed rule.
This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. This proposed 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 608c15A of the Act 7 U.S.C.
608c15A, 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. 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 USDAs ruling on the petition, provided an action is filed no later than 20 days after the date of the entry of the ruling 7 U.S.C.
608c15B.
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 rule would change the maturity requirements under the Order.
This action would establish April 16 to April 15 of the following year as the beginning and end dates for the annual maturity shipping schedule, with an
E:FRFM12AUP1.SGM

12AUP1