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Rules and Regulations
Federal Register Vol. 86, No. 232
Tuesday, December 7, 2021

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.

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service 7 CFR Part 915
Doc. No. AMSSC210040; SC219151
FR

Avocados Grown in South Florida;
Increased Assessment Rate Agricultural Marketing Service AMS, Department of Agriculture USDA.
ACTION: Final rule.
AGENCY:

This rule implements a recommendation from the Avocado Administrative Committee to increase the assessment rate established for the 202122 and subsequent fiscal years.
The assessment rate will remain in effect indefinitely unless modified, suspended, or terminated.
DATES: Effective January 6, 2022.
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 3243375, 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, Market Development Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237, Washington, DC 202500237;
Telephone: 202 7202491, or Email:
Richard.Lower@usda.gov.
SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR
900.2j. 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
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SUMMARY:

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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 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 Department of Agriculture USDA is issuing this 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 rule has been reviewed under Executive Order 13175Consultation and Coordination with Indian Tribal Governments, which requires agencies to consider whether their rulemaking actions would have tribal implications.
AMS has determined this 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 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 be applicable to all assessable Florida avocados for the 202122 fiscal year, and continue unless amended, suspended, or terminated.
The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c15A of the Act, any handler subject to an order may file with USDA a petition stating that the
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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 not later than 20 days after the date of the entry of the ruling.
This rule increases the assessment rate, established for the Committee for the 202122 and subsequent fiscal years, from $0.35 to $0.45 per 55-pound bushel container of avocados.
The Order authorizes the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. Nine of the ten members of the Committee are producers and handlers of Florida avocados. They are familiar with the Committees 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 201617 and subsequent fiscal years, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal year to fiscal year unless modified, suspended, or terminated by USDA
upon recommendation and information submitted by the Committee or other information available to USDA.
The Committee met on April 14, 2021, and recommended 202122
expenditures of $348,484 and an assessment rate of $0.45 per 55-pound bushel container of avocados. In comparison, the previous fiscal years budgeted expenditures were $280,484.
The assessment rate of $0.45 is $0.10
higher than the rate currently in effect.
During the last few fiscal years, the Committee has not funded research projects. However, the laurel wilt disease continues to challenge the avocado industry. The Committee
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