[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15722]


[[Page Unknown]]

[Federal Register: June 29, 1994]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 915

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

 

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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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SUMMARY: This rule finalizes without change an interim final rule which 
suspended grade requirements for fresh Florida avocados shipped in 
certain containers to destinations within the production area in 
Florida for the 1994-95 season. The suspension was designed to enable 
Florida growers and handlers to continue to market a larger percentage 
of their crops in the production area, and was necessary in response to 
quality problems associated with the after effects of Hurricane Andrew.

EFFECTIVE DATE: July 29, 1994.

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 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 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 $5,000,000, and small agricultural 
producers have been defined as those having annual receipts which are 
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 the suspension of certain grade requirements. 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. That amendment 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 finalizes an interim final rule which further amended 
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 interim final rule was issued March 25, 1994, with an 
effective date of April 1, 1994, and published in the Federal Register 
(59 FR 15313, April 1, 1994). The interim final rule provided a 30-day 
comment period ending May 2, 1994, and no comments were received.
    The committee recommended that this 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 
during the 1994-95 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 suspension 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 of 1992, but production expected 
for the 1994-95 season is still well below the levels reached prior to 
the hurricane.
    The suspension 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, the suspension 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 the interim 
final rule did 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 was 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 maintain the suspension of the 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 
continue 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 finalization as set forth below will 
tend to effectuate the declared policy of the Act.

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

    Accordingly, the interim final rule amending 7 CFR part 915 which 
was published at 59 FR 15313 on April 1, 1994, is adopted as a final 
rule without change.

    Dated: June 23, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-15722 Filed 6-28-94; 8:45 am]
BILLING CODE 3410-22-P