[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7693]


[[Page Unknown]]

[Federal Register: April 1, 1994]


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DEPARTMENT OF AGRICULTURE
7 CFR Part 915

[Docket No. FV94-915-1-IFR]

 

Avocados Grown in South Florida; Suspension of Grade Requirements 
for Certain Florida Avocados

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule extends a suspension of grade requirements for fresh 
Florida avocados shipped in certain containers to destinations within 
the production area in Florida for the 1994-95 season. This rule will 
enable Florida growers and handlers to market a larger percentage of 
their crops in the production area, and it is necessary in response to 
quality problems associated with the after effects of Hurricane Andrew.

DATES: Effective April 1, 1994. Comments which are received by May 2, 
1994 will be considered prior to issuance of any final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this interim final rule. Comments must be sent in triplicate 
to the Docket Clerk, Marketing Order Administration Branch, F&V, AMS, 
USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-6456; FAX: 202-
720-5698. Comments should reference this docket number, and the date 
and page number of this issue of the Federal Register and will be made 
available for public inspection in the Office of the Docket Clerk 
during regular business hours.

FOR FURTHER INFORMATION CONTACT: Aleck Jonas, Southeast Marketing Field 
Office, Fruit and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter 
Haven, Florida 33883-2276; telephone: 813-299-4770, or FAX: 813-299-
5169; or Gary D. Rasmussen, Marketing Specialist, Marketing Order 
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O. 
Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: 202-720-
5331, or FAX: 202-720-5698.

SUPPLEMENTARY INFORMATION: This interim final rule is issued under 
Marketing Agreement and Order No. 915 (7 CFR part 915) regulating the 
handling of avocados grown in South Florida, hereinafter referred to as 
the order. This 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 Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This interim final rule has been reviewed under Executive Order 
12778, Civil Justice Reform. This rule is not intended to have 
retroactive effect. This rule will not preempt any state or local laws, 
regulations, or policies, unless they present an irreconcilable 
conflict with this rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 8c(15)(A) of the 
Act, any handler subject to an order may file with the Secretary 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 requesting a modification of the order or to be exempted 
therefrom. A handler is afforded the opportunity for a hearing on the 
petition. After the hearing, the Secretary 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 in equity to review the 
Secretary's ruling on the petition, provided a bill in equity is filed 
not later than 20 days after the date of the entry of the ruling.
    Pursuant to the requirements set forth in the Regulatory 
Flexibility Act (RFA), the Administrator of the Agricultural Marketing 
Service (AMS) has considered the economic impact of this action on 
small entities.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are about 65 avocado handlers subject to regulation under the 
order covering avocados grown in South Florida, and about 95 avocado 
producers in South Florida. Small agricultural service firms are 
defined by the Small Business Administration (13 CFR 121.601) as those 
having annual receipts of less than $3,500,000, and small agricultural 
producers have been defined as those having annual receipts of less 
than $500,000. The majority of these handlers and producers may be 
classified as small entities.
    The Avocado Administrative Committee (committee) met February 16, 
1994, and recommended that the suspension of grade requirements be 
extended. The committee meets prior to and during each season to review 
the rules and regulations effective on a continuous basis for avocados 
regulated under the order. Committee meetings are open to the public, 
and interested persons may express their views at these meetings. The 
Department reviews committee recommendations and information, as well 
as information from other sources, and determines whether modification, 
suspension, or termination of the rules and regulations would tend to 
effectuate the declared policy of the Act.
    Section 915.306 (7 CFR 915.306) of the order specifies grade, pack, 
and container marking regulations for fresh shipments of avocados grown 
in Florida. This section was amended by an interim final rule published 
at 58 FR 7972 on February 11, 1993, and finalized at 58 FR 34683 on 
June 29, 1993. The final rule suspended grade requirements for avocados 
shipped to destinations within the production area in Florida in 
containers other than those authorized under Sec. 915.305, during the 
period February 11, 1993, through March 31, 1994.
    This rule amends Sec. 915.306 by adding a new paragraph (a)(7) to 
extend the suspension of grade requirements for avocados shipped to 
destinations within the production area in Florida in containers other 
than those authorized under Sec. 915.305, during the period April 1, 
1994, through March 31, 1995.
    The committee recommended that the suspension be extended for 1994-
95 season shipments, because more than normal amounts of scarring and 
Cercospora spots due to wind damage and the loss of tree canopy are 
expected to damage the skin of the fruit for several avocado varieties 
next season. These skin blemishes affect the appearance of the 
avocados, and as a result some of the fruit will not meet the minimum 
grade requirement of U.S. No. 2 specified in paragraph (a)(1) of 
Sec. 915.306. However, such fruit is a wholesome product marketable 
within the production area.
    This rule will enable Florida avocado producers and handlers to 
continue selling fresh avocados in the production area, which would 
otherwise be culled out during the packing process, making additional 
fruit available to consumers. This rule is expected to result in 
relatively small quantities of lower quality avocados being sold fresh 
within the production area during the 1994-95 season.
    The committee recommended that this suspension be made effective 
for only the 1994-95 season, because it expects that more abundant 
supplies of fresh Florida avocados with fewer skin blemishes will be 
available for the fresh market by the start of the 1995-96 season. 
Florida avocado production continues to recover from the devastation 
caused by Hurricane Andrew in August 1992, but production expected for 
the 1994-95 season is still well below the levels reached prior to the 
hurricane.
    This rule does not apply to fresh Florida avocados shipped to 
destinations outside the production area and to avocados shipped to any 
destination in those containers specified in Sec. 915.305. A minimum 
grade requirement of U.S. No. 2 continues to apply to such shipments. 
Also, this rule does not change any current maturity, container, pack, 
and inspection requirements effective under the order for fresh Florida 
avocado shipments.
    Avocados imported into the United States must grade at least U.S. 
No. 2, as provided in Sec. 944.28 (7 CFR 944.28). Since this rule does 
not change the minimum grade requirement of U.S. No. 2 specified in 
Sec. 915.306 for avocados handled to points outside the production 
area, there is no need to change the avocado import regulation. Section 
8e of the Act (7 U.S.C. 608e-1) requires that whenever specified 
commodities, including avocados, are regulated under a Federal 
marketing order, imports of that commodity into the United States must 
meet the same or comparable grade, size, quality, or maturity 
requirements as those in effect for the domestically produced 
commodity.
    This rule reflects the committee's and the Department's appraisal 
of the need to extend the suspension of grade requirements for certain 
Florida avocados shipped during the 1994-95 season. The Department's 
view is that this rule will have a beneficial impact on producers and 
handlers since it will permit avocado handlers to make additional 
supplies of fruit available to meet consumer needs consistent with 
expected crop and market conditions.
    Based on the above, the Administrator of the AMS has determined 
that this rule will not have a significant economic impact on a 
substantial number of small entities.
    After consideration of all relevant matter presented, the 
information and recommendations submitted by the committee, and other 
information, it is found that the extension of the suspension set forth 
below will tend to effectuate the declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined, upon 
good cause, that it is impracticable, unnecessary and contrary to the 
public interest to give preliminary notice prior to putting this rule 
into effect, and that good cause exists for not postponing the 
effective date of this rule until 30 days after publication in the 
Federal Register because: (1) This rule suspends grade requirements for 
certain avocados grown in Florida; (2) Florida avocado handlers are 
aware of this suspension which was recommended by the committee at a 
public meeting, and they will need no additional time to comply with 
this suspension; (3) this rule needs to be made effective by April 1, 
1994, to be of maximum benefit to the Florida avocado industry; and (4) 
the rule provides a 30-day comment period, and any comments received 
will be considered prior to any finalization of this interim final 
rule.

List of Subjects in 7 CFR Part 915

    Avocados, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR part 915 is 
amended 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. Section 915.306 is amended by revising paragraph (a)(7) to read 
as follows:

    Note: This section will appear in the annual Code of Federal 
Regulations.


Sec. 915.306  Florida avocado grade, pack, and container marking 
regulation.

    (a) * * *
    (7) Notwithstanding the provisions in this section, such avocados 
may be handled during the period April 1, 1994, through March 31, 1995, 
not subject to the grade requirements specified in paragraph (a)(1) of 
this section when they are shipped in containers other than those 
authorized under Sec. 915.305 to destinations within the production 
area.
* * * *
    Dated: March 25, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-7693 Filed 3-31-94; 8:45 am]
BILLING CODE 3410-02-P