[Federal Register Volume 59, Number 64 (Monday, April 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7889]


[[Page Unknown]]

[Federal Register: April 4, 1994]


                                                    VOL. 59, NO. 64

                                              Monday, April 4, 1994
      

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 915

[Docket No. FV93-915-2PR]

 

Avocados Grown in South Florida; Revision in Maturity and 
Reporting Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: This proposed rule would revise maturity requirements in 
effect on a continuous basis for avocados grown in Florida by revising 
the calendar dates in the various shipping schedules for some 60 
avocado varieties to be applicable to any calendar year. This would 
ensure that only mature fruit is shipped to the fresh market, thereby 
improving grower returns and promoting orderly marketing conditions. 
This proposed rule would also suspend for the next two seasons, pack-
out reports for avocado shipments sold or delivered in Florida by 
handlers within the regulated area. This proposed rule would reduce the 
burden of information collection requirements currently provided for 
under the marketing order.

DATES: Comments must be received by May 4, 1994.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule to: Docket Clerk, Fruit and Vegetable Division, 
AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-6456; or 
by facsimile at 202-720-5698. Three copies of all written material 
shall be submitted, and they will be made available for public 
inspection at the office of the Docket Clerk during regular business 
hours. The written comments should reference the docket number, date, 
and page number of this issue of the Federal Register.

FOR FURTHER INFORMATION CONTACT: Caroline C. Thorpe, Marketing 
Specialist, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, P.O. Box 96456, room 2523-S, Washington, DC 20090-
6456; telephone: 202-720-5127; or William Pimental, Southeast Marketing 
Field Office, USDA/AMS, P.O. Box 2276, Winter Haven, Florida 33883; 
telephone: 813-299-4770.

SUPPLEMENTARY INFORMATION: This proposed rule is issued under Marketing 
Agreement and Marketing Order No. 915 (7 CFR part 915), as amended, 
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 proposed rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. This proposed rule is not intended to have 
retroactive effect. This proposed rule would 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 
marketing order covering avocados grown in Florida, and about 95 
avocado producers in South Florida. Small agricultural producers have 
been defined by the Small Business Administration (13 CFR 121.601) as 
those having annual receipts of less than $500,000, and small 
agricultural service firms are defined as those whose annual receipts 
are less than $3,500,000. The majority of the Florida avocado handlers 
and producers may be classified as small entities.
    The Avocado Administrative Committee (committee) works with the 
Department in administering the order, and it meets prior to and during 
each season to consider recommendations for modification, suspension, 
or termination of the regulatory requirements for Florida avocados.
    The committee met December 8, 1993, and unanimously recommended 
that the shipping schedules for avocados be revised and that certain 
reporting requirements be temporarily suspended. Committee meetings are 
open to the public and interested persons may express their views at 
these meetings. The Department reviews committee recommendations, 
information submitted by the committee and other information, and 
determines whether modification, suspension, or termination of the 
regulatory requirements would tend to effectuate the declared policy of 
the Act.
    Maturity requirements for avocados grown in Florida, based on 
minimum weights, diameters, and skin color, are specified in 
Sec. 915.322 (7 CFR 915.322), and are in effect on a continuous basis. 
These maturity requirements specify minimum weights and diameters for 
specific shipping periods for some 60 varieties of avocados, and color 
specifications for those varieties which turn red or purple when 
mature. The maturity requirements for the various varieties of avocados 
are different, because each variety has different characteristics. The 
maturity requirements for each avocado variety are based on maturity 
test results.
    These maturity requirements are designed to prevent shipments of 
immature avocados to the fresh market, especially during the early part 
of the harvest season for each variety. Providing fresh markets with 
mature fruit is an important aspect of creating consumer satisfaction 
and is in the interest of both producers and consumers. Fresh shipments 
of Florida avocados usually begin with light shipments of early 
varieties in May, and they continue until the following March or April, 
with heaviest shipments occurring from July through December.
    This proposed rule would revise the shipping schedules for the 
avocado varieties specified in Table I of paragraph (a)(2) of 
Sec. 915.322 (7 CFR 915.322) to synchronize those schedules with any 
calendar year. The previous schedules needed to be adjusted to each new 
year to ensure that dates and weekdays conformed to each new year. The 
schedules in Table I are similar to previous calendars, except that the 
maturity schedules have fixed dates, which become effective on the 
Monday nearest the date specified in Table I. The new schedules are 
expected to conform more closely to the needs of the industry. This 
proposed rule also would exempt from maturity requirements, the Hass, 
Fuerte, Zutano, and Edranol varieties of avocados, since these 
varieties of avocados are not commercially grown in the production area 
in Florida.
    The maturity requirements, based on minimum weights, diameters, and 
skin color, specified in Sec. 944.31 (7 CFR 944.31) for imported 
avocados were indefinitely suspended by a final rule issued May 15, 
1991 (56 FR 23009, May 20, 1991). Therefore, this action will not 
impact imported avocados until the suspension is lifted. However a 
proposed rule will be published separately to reinstate the temporarily 
suspended maturity requirements for avocados imported into the United 
States.
    A minimum grade requirement of U.S. No. 2 currently in effect on a 
continuous basis for avocados grown in Florida under Sec. 915.306 (7 
CFR 915.306), and for avocados imported into the United States under 
Sec. 944.28 (7 CFR 944.28) remains in effect unchanged by this action.
    Florida avocado handlers may ship, exempt from the minimum grade, 
size, and maturity requirements effective under the order, up to 55 
pounds of avocados during any one day under a minimum quantity 
provision, and up to 20 pounds of avocados as gift packs in 
individually addressed containers. Also, avocados grown in Florida 
utilized for commercial processing are not subject to the grade, size, 
and maturity requirements under the order.
    This proposed rule reflects the committee's and the Department's 
appraisal of the need to make the specified changes. The Department's 
view is that this action will have a beneficial impact on producers and 
handlers since it will help ensure that only mature avocados are 
shipped to fresh markets. The committee considers that maturity 
requirements for Florida grown avocados are necessary to improve grower 
returns and promote orderly marketing conditions. Although compliance 
with these maturity requirements will affect costs to handlers, these 
costs will be offset by the benefits of providing the industry and 
consumers with mature avocados.
    Paragraph (d) of Sec. 915.150 (7 CFR 915.150), currently requires 
that each handler, at the end of the day's operation, report to the 
committee the number of containers (\1/4\ Bushel, \1/2\ Bushel, and \4/
5\ Bushel) of avocados sold and delivered within the State of Florida. 
This proposed action would suspend paragraph (d) of Sec. 915.150 for 
the next two seasons, through March 31, 1996. This would temporarily 
suspend the requirement that handlers file the ``Avocado Handler Daily 
Size Report Form.'' The committee has determined that information 
needed for operations, marketing policies, and compliance, could 
sufficiently be obtained from inspection certificates collected on a 
daily basis by program staff, and that information collected on the 
``Avocado Handler Daily Size Report Form'' will not be needed for the 
next two seasons. Further, Hurricane Andrew reduced avocado production 
by almost half, and this has reduced assessment collections, resulting 
in a need to reduce staff and administration costs.
    The information collection requirements have been previously 
approved by the Office of Management and Budget (OMB) under the 
provisions of 44 U.S.C. chapter 35 and have been assigned OMB Number 
0581-0078.
    This rule would reduce the reporting burden on approximately 65 
handlers of avocados who complete the form ``Avocado Handler Daily Size 
Report Form,'' taking about 0.083 hour to complete each report.
    Based on available information, the Administrator of the AMS has 
determined that this action would not have a significant economic 
impact on a substantial number of small entities.

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 
proposed to be 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.


Sec. 915.150  [Amended]

    2. Section 915.150, paragraph (d) is suspended in its entirety 
through March 31, 1996.
    3. Section 915.332 is revised to read as follows:


Sec. 915.332  Florida avocado maturity regulation.

    (a) No handler shall handle any variety of avocados, except Hass, 
Fuerte, Zutano, and Edranol, grown in the production area unless: (1) 
Any portion of the skin of the individual avocados has changed to the 
color normal for that fruit when mature for those varieties which 
normally change color to any shade of red or purple when mature, except 
for the Linda variety; or
    (2) Such avocados meet the minimum weight or diameter requirements 
for the Monday nearest each date specified, through the Sunday 
immediately prior to the nearest Monday of the specified date in the 
next column, for each variety listed in the following Table I: 
Provided, that avocados may not be handled prior to the earliest date 
specified in column A of such table for the respective variety; 
Provided further, There are no restrictions on size or weight on or 
after the date specified in column D; Provided further, That up to a 
total of 10 percent, by count to the individual fruit in each lot may 
weigh less than the minimum specified or be less than the specified 
diameter, except that no such avocados shall be over 2 ounces lighter 
than the minimum weight specified for the variety: Provided further, 
That up to double such tolerance shall be permitted for fruit in an 
individual container in a lot.

                                                     Table I                                                    
----------------------------------------------------------------------------------------------------------------
                                   Min.     Min.              Min.     Min.              Min.     Min.          
        Variety          A Date    wt.     diam.    B Date    wt.     diam.    C Date    wt.     diam.    D Date
----------------------------------------------------------------------------------------------------------------
Dr. Dupuis #2.........     5-30       16  3\7/16\     6-13       14  3\5/16\     7-04       12  3\2/16\     7-18
Simmons...............     6-20       16  3\9/16\     7-04       14  3\7/16\     7-18       12  3\1/16\     8-01
Pollock...............     6-20       18  3\11/16                                                               
                                                \     7-04       16  3\7/16\     7-18       14  3\4/16\     8-01
Hardee................     6-27       16  3\2/16\     7-04       14  2\14/16                                    
                                                                           \     7-11       12  .......     7-25
Nadir.................     6-27       14  3\3/16\     7-04       12  3\1/16\     7-11       10  2\14/16         
                                                                                                      \     7-18
Ruehle................     7-04       18  3\11/16                                                               
                                                \     7-11                                                      
                                                      7-18       16                                             
                                                                 14  3\9/16\                                    
                                                                     3\7/16\     8-01                           
                                                                                 8-08       12                  
                                                                                            10  3\5/16\         
                                                                                                3\3/16\     8-15
Bernecker.............     7-18       18  3\6/16\     8-01       16  3\5/16\     8-15       14  3\4/16\     8-29
Miguel (P)............     7-18       22  3\13/16                                                               
                                                \     8-01       20  3\12/16                                    
                                                                           \     8-15       18  3\10/16         
                                                                                                      \     8-29
Nesbitt...............     7-18       22  3\12/16                                                               
                                                \     8-01       16  3\5/16\     8-08       14  3\3/16\     8-22
Tonnage...............     8-01       16  3\6/16\     8-15       14  3\4/16\     8-22       12  3\0/16\     8-29
Waldin................     8-01       16  3\9/16\     8-15       14  3\7/16\     8-29       12  3\4/16\     9-12
Tower.................     8-01       14  3\6/16\     8-15       12  3\4/16\  .......  .......  .......     9-05
Beta..................     8-08       18  3\8/16\     8-15       16  3\5/16\  .......  .......  .......     9-05
Lisa (P)..............     8-08       12  3\2/16\     8-15       11        3  .......  .......  .......     8-22
Black Prince..........     8-15       28  4\1/16\     8-29       23  3\14/16                                    
                                                                           \     9-12       16  3\9/16\    10-03
Loretta...............     8-22       30  4\3/16\     9-05       26  3\15/16                                    
                                                                           \  .......  .......  .......     9-26
Booth 8...............     8-29       16  3\9/16\     9-12       14  3\6/16\     9-26                           
                                                                                10-10       12                  
                                                                                            10  3\3/16\         
                                                                                                3\3/16\    10-24
Booth 7...............     8-29       18  3\13/16                                                               
                                                \     9-12       16  3\10/16                                    
                                                                           \     9-26       14  3\8/16\    10-10
Booth 5...............     9-05       14  3\9/16\     9-19       12  3\6/16\  .......  .......  .......    10-03
Choquette.............     9-26       28  4\4/16\    10-17       24  4\1/16\    10-31       20  3\14/16         
                                                                                                      \    11-14
Hall..................     9-26       26  3\14/16                                                               
                                                \    10-10       20  3\9/16\    10-24       18  3\8/16\    11-07
Lula..................    10-03       18  3\11/16                                                               
                                                \    10-10       14  3\6/16\    10-31       12  3\3/16\    11-14
Monroe................    11-07       26  4\3/16\    11-21       24  4\1/16\    12-05                           
                                                                                12-19       20                  
                                                                                            16  3\14/16         
                                                                                                      \         
                                                                                                3\9/16\     1-02
Arue..................     5-16       16  .......     5-30       14  3\3/16\  .......  .......  .......     7-04
Donnie................     5-23       16  3\5/16\     6-06       14  3\4/16\  .......  .......  .......     7-04
Fuchs.................     6-06       14  3\3/16\     6-20       12  3\0/16\  .......  .......  .......     7-04
K-5...................     6-13       18  3\5/16\     6-27       14  3\3/16\  .......  .......  .......     7-11
West Indian                                                                                                     
 Seedling\1\..........     6-20       18  .......     7-18       16  .......     8-22       14  .......     9-19
Gorham................     7-04       29  4\5/16\     7-18       27  4\3/16\  .......  .......  .......     8-15
Biondo................     7-11       13  .......  .......  .......  .......  .......  .......  .......     8-15
Petersen..............     7-11       14  3\8/16\     7-18       12  3\5/16\     7-25       10  3\2/16\     8-08
232...................     7-18       14  .......     8-01       12  .......  .......  .......  .......     8-15
Pinelli...............     7-18       18  3\12/16                                                               
                                                \     8-01       16  3\10/16                                    
                                                                           \  .......  .......  .......     8-15
Trapp.................     7-18       14  3\10/16                                                               
                                                \     8-01       12  3\7/16\  .......  .......  .......     8-15
K-9...................     8-01       16  .......  .......  .......  .......  .......  .......  .......     8-22
Christina.............     8-01       11  2\14/16                                                               
                                                \  .......  .......  .......  .......  .......  .......     8-22
Catalina..............     8-15       24  .......     8-29       22  .......  .......  .......  .......     9-19
Blair.................     8-29       16  3\8/16\     9-12       14  3\5/16\  .......  .......  .......    10-03
Guatemalan Seedling\2\     9-05       15  .......    10-03       13  .......  .......  .......  .......    12-05
Marcus................     9-05       32  4\12/16                                                               
                                                \     9/19       24  4\5/16\  .......  .......  .......    10-31
Brooks 1978...........     9-05       12  3\4/16\     9-12       10  3\1/16\     9-19        8  2\14/16         
                                                                                                      \    10-10
Rue...................     9-12       30  4\3/16\     9-19       24  3\15/16                                    
                                                                           \    10-03       18  3\9/16\    10-17
Collinson.............     9-12       16  3\10/16                                                               
                                                \  .......  .......  .......  .......  .......  .......    10-10
Hickson...............     9-12       12  3\1/16\     9-26       10  3\0/16\  .......  .......  .......    10-10
Simpson...............     9-19       16  3\9/16\  .......  .......  .......  .......  .......  .......    10-10
Chica.................     9-19       12  3\7/16\    10-03       10  3\1/16\  .......  .......  .......    10-17
Leona.................     9-26       18  3\10/16                                                               
                                                \  .......  .......  .......  .......  .......  .......    10-10
Herman................    10-03       16  3\9/16\    10-17       14  3\6/16\  .......  .......  .......    10-31
Pinkerton (CP)........    10-03       13  3\3/16\    10-17       11  3\0/16\    10-31        9  .......    11-14
Taylor................    10-10       14  3\5/16\    10-24       12  3\2/16\  .......  .......  .......    11-07
Ajax (B-7)............    10-10       18  3\14/16                                                               
                                                \  .......  .......  .......  .......  .......  .......    10-31
Booth 3...............    10-10       16  3\8/16\    10-17       14  3\6/16\  .......  .......  .......    10-31
Booth 1...............    11-14       16  3\12/16                                                               
                                                \    11-28       12  3\6/16\  .......  .......  .......    12-12
Zio (P)...............    11-14       12  3\1/16\    11-28       10  2\14/16                                    
                                                                           \  .......  .......  .......    12-12
Gossman...............    11-28       11  3\1/16\  .......  .......  .......  .......  .......  .......    12-26
Brookslate............    12-05       18  3\13/16                                                               
                                                \    12-12                                                      
                                                     12-19       16                                             
                                                                 14  3\10/16                                    
                                                                           \                                    
                                                                     3\8/16\     1-02                           
                                                                                 1-16       12                  
                                                                                            10  3\5/16\     1-30
Meya (P)..............    12-12       13  3\2/16\    12-26       11  3\0/16\  .......  .......  .......     1-09
Reed (CP).............    12-12       12  3\4/16\    12-26       10  3\3/16\     1-09        9  3\0/16\     1-23
----------------------------------------------------------------------------------------------------------------
\1\Avocados of the West Indian type varieties and seedlings not listed elsewhere in Table I.                    
\2\Avocados of the Guatemalan type varieties and seedlings, hybrid varieties and seedlings, and unidentified    
  seedlings not listed elsewhere in Table I.                                                                    

    (b) The term diameter means the greatest dimension measured at a 
right angle to a straight line from the stem to the blossom end of the 
fruit.

    Dated: March 29, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-7889 Filed 4-1-94; 8:45 am]
BILLING CODE 3410-02-P