[Federal Register Volume 63, Number 133 (Monday, July 13, 1998)]
[Rules and Regulations]
[Pages 37475-37480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-18459]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 133 / Monday, July 13, 1998 / Rules 
and Regulations  

[[Page 37475]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 911 and 915

[Docket No. FV98-911-2 IFR]


Limes and Avocados Grown in Florida; Relaxation of Container 
Dimension, Weight, and Marking Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule changes the container requirements prescribed under 
the Florida lime and avocado Federal marketing orders. The marketing 
orders are administered locally by the Florida Lime Administrative 
Committee and the Avocado Administrative Committee (committees). This 
rule simplifies container marking requirements for both limes and 
avocados by reducing the number of times the size for limes and the 
grade for avocados need to appear on a container. This rule also 
removes weight limits on lime and avocado containers packed within a 
master container, and relaxes certain minimum weight requirements on 
containers of avocados. In addition, this rule eliminates specific 
container dimension requirements for both limes and avocados, but 
maintains net weight requirements. These changes will reduce handling 
costs and provide greater flexibility in lime and avocado packing 
operations.

DATES: Effective July 14, 1998; comments received by September 11, 1998 
will be considered prior to issuance of a final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent to the Docket Clerk, Fruit 
and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, 
Washington, DC 20090-6456, Fax: (202) 205-6632. All comments should 
reference the 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: William G. Pimental, Marketing 
Specialist, Southeast Marketing Field Office, Marketing Order 
Administration Branch, F&V, AMS, USDA, P.O. Box 2276, Winter Haven, 
Florida 33883; telephone: (941) 299-4770, Fax: (941) 299-5169; or 
George Kelhart, Technical Advisor, Marketing Order Administration 
Branch, F&V, AMS, USDA, room 2522-S, P.O. Box 96456, Washington, DC 
20090-6456; telephone: (202) 720-2491, Fax: (202) 205-6632. Small 
businesses may request information on compliance with this regulation 
by contacting Jay Guerber, Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, 
Washington, DC 20090-6456; telephone: (202) 720-2491, Fax: (202) 205-
6632.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement No. 126 and Marketing Order No. 911, both as amended (7 CFR 
part 911), regulating the handling of limes grown in Florida, and 
Marketing Agreement No. 121 and Marketing Order No. 915, both as 
amended (7 CFR part 915), regulating the handling of avocados grown in 
Florida, hereinafter referred to as the ``orders.'' The marketing 
agreements and orders are 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 rule has been reviewed under Executive Order 12988, 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 608c(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 request 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 to review the Secretary's 
ruling on the petition, provided an action is filed not later than 20 
days after the date of the entry of the ruling.
    Under the terms of the marketing orders, fresh market shipments of 
Florida limes and avocados are required to be inspected and are subject 
to grade, size, maturity, and pack and container requirements. Current 
pack and container requirements outline the types of information and 
the number of times this information needs to appear on a container. 
The requirements also list the specific dimensions of the containers in 
which the fruit can be packed and the weight restrictions the packed 
containers must meet.
    This rule makes several changes to the orders' pack and container 
rules and regulations. This rule simplifies container marking 
requirements for both limes and avocados by reducing the number of 
times the size for limes and the grade for avocados need to appear on a 
container. In addition, this rule removes net weight limits on lime and 
avocado containers packed within a master container, and relaxes 
certain minimum net weight requirements on containers of avocados. This 
rule also eliminates specific container dimension requirements for both 
limes and avocados. These changes will reduce handling costs and 
provide greater flexibility in lime and avocado packing operations. The 
committees met several times to discuss and recommend changes needed in 
the container regulations. The committees met and unanimously 
recommended these changes on July 9, 1997, August 13, 1997, and 
February 11, 1998.
    Section 911.48 and 915.51 of the orders provide the authority to 
issue regulations establishing specific pack

[[Page 37476]]

and container requirements for limes and avocados, respectively. These 
requirements are specified under sections 911.311, 911.329 and 911.344 
for limes, and under sections 915.305 and 915.306 for avocados. These 
sections specify, in part, container size, weight, and marking 
requirements.
    This rule makes several changes to the pack and container 
provisions under the orders. The first change reduces the number of 
times the size for limes and the grade for avocados need to appear on a 
container. Sections 911.311(5)(d) and 915.306(a)(6) of the rules and 
regulations outline the container marking requirements for limes for 
size and avocados for grade, respectively. Current requirements specify 
that the size for limes be marked in letters at least one inch in 
height on two sides of the container. For avocados, the grade must be 
stamped in letters at least one inch in height on the top and two sides 
of the lid. This rule relaxes these requirements by establishing that 
containers be stamped only once, anywhere except the bottom of the 
container.
    The size and grade information on a container is usually applied 
automatically by machine, or stamped individually by hand. Each time a 
container is stamped, there is an associated cost. The committees 
recommended reducing the number of times a container must be stamped, 
as well as expanding the possible stamp location, to provide handlers 
additional flexibility, and to reduce costs.
    The committees believe this change will benefit both large and 
small packing operations. Larger operations use automated stamping. 
Current stamping requirements mean that each packing line needs to have 
at least two in-line stamp rollers or ink jet printers. In cases where 
the line has only one stamping device, the containers must be reversed 
and run through the line a second time for limes, and three times for 
avocados. This can take a considerable amount of time. This change will 
allow containers to move more rapidly through the packing line, reduce 
the number of stamping machines required, and decrease the costs 
associated with these activities.
    Most smaller operations stamp the containers by hand. To meet the 
current requirements, each box must be rotated and stamped in more than 
one location. This increases the time and effort needed to pack each 
box. Reducing the number of times a container must be stamped will 
decrease the amount of labor needed and the associated stamping costs 
required to meet these requirements.
    The requirement that containers be stamped more than once with size 
or grade information originated from the way limes and avocados were 
marketed by retailers in the past. Limes and avocados were, at one 
time, marketed and sold out of the containers in which the fruit was 
originally packed. Having the information on the container appear in 
several locations was done so that the customer could read it. However, 
the way limes and avocados are marketed has changed. Rather than being 
presented in the shipping container, retailers move the fruit to 
display bins.
    The stamping of containers with required information benefits the 
retailer and helps the committees' check that the lots (shipments) meet 
order requirements. Retailers tend to buy in large lots, purchasing a 
specified size and grade. The number of times an individual box needs 
to be stamped is less important. The committees anticipate that this 
change will reduce costs and give handlers additional flexibility under 
the rules and regulations. Therefore, the committees recommended 
relaxing the stamping requirements for both limes and avocados.
    The next change this rule makes is to the weight limits on 
individual containers that are packed inside larger master containers. 
Sections 911.329(a)(3) and 915.305(b) specify that individual packages 
of limes or avocados contained within master containers are not to 
exceed four pounds in weight. This rule relaxes this weight limit, 
allowing packaged limes or avocados contained within master containers 
to exceed four pounds in weight.
    The committees are always looking for ways to strengthen and expand 
the market for limes and avocados. One way they do this is through the 
approval of experimental containers not currently included under the 
regulations. This is done for market research purposes. The committees 
use such research to determine the benefits and acceptance of different 
containers in the marketplace.
    The use of master containers packed with limes and avocados in 
packages in excess of 4 pounds has been approved on an experimental 
basis. The approvals were made to allow handlers to meet specific 
requests from their customers.
    Consequently, these larger sized packages within a master container 
have been shown to have a market potential.
    The committees both discussed the merits of eliminating the four 
pound limit on packages within a master container. The committees 
believe this change will provide handlers with additional marketing 
flexibility, increased sales potential, and with more opportunities to 
satisfy customers with special needs. Based on the information 
collected from the use of the trial containers, the committees 
recommended that the four pound limit on packages within a master 
container be removed.
    This rule also lowers certain minimum net weight requirements for 
containers of avocados. Section 915.305 specifies minimum weight 
requirements for avocados packed under the marketing order for avocados 
grown in Florida. The current regulations specify that avocados be 
packed in containers of 8.5, 12\1/2\, 25, 32, or 34 pounds designated 
net weights. This rule reduces the net weight requirements of 12\1/2\, 
25, 32, and 34 pounds to 12, 24, 31, and 33 pounds, as recommended by 
the Avocado Administrative Committee (AAC). AAC members agreed that the 
problems prompting this change were more prevalent in the containers 
associated with the last four weights. Therefore, no change was 
recommended for the 8.5 pound designated net weight.
    Handlers use containers that are associated by size with the 
minimum weights listed under the rules and regulations. These weight 
requirements closely match the capacity of the containers. These 
containers are inspected by the Federal-State Inspection Service 
(FSIS). One of the things FSIS checks is whether the packed containers 
meet the established minimum weight requirements.
    An allowable tolerance for variation from the requirements is 
specified under the rules and regulations. With respect to each lot of 
containers of minimum weights 12\1/2\ and 25 pounds, only 5 percent or 
less, by count, of the individual containers in the lot may fail to 
meet the applicable specified weight. The tolerance is 10 percent for 
minimum weights of 32 and 34 pounds. If the allowable tolerances are 
exceeded, the lot fails inspection and would need to be reworked and 
repacked before it could meet inspection.
    Failing inspection and having to rework a lot after it has been 
packed results in a considerable loss of time and money for the 
individual handler. One AAC member used the example of a 12\1/2\ pound 
net weight container packed with 16 ounce avocados in a single layer 
with 12 avocados per layer to illustrate the problem. He said that when 
FSIS found the minimum weight to be 8 ounces short in enough boxes to 
exceed the tolerance, they would fail the lot, requiring it to be 
redone. Handlers then are forced to make a choice between adding an 
additional avocado

[[Page 37477]]

to each container, or risk the possibility of failing the minimum net 
weight requirement. AAC members concurred with the problem presented by 
this particular situation. Several handlers stated that rather than 
risk being underweight, they would force an additional avocado into the 
container. The handlers agreed that in many cases, this meant that they 
were literally giving one avocado per pack away.
    In addition, members stated that this practice of over packing the 
containers was having a negative effect on the avocados during 
shipment. The AAC discussed that some shipments were being received out 
of the production area in poor condition due to the over filling of 
containers to ensure compliance with the minimum net weight 
requirements. The containers were so tightly packed that the avocados 
were bruised or damaged in transit.
    The AAC understands the benefits of a uniform pack. However, in 
this case, the requirements were having a negative effect on the 
condition of the avocados. Changing container sizes to better 
accommodate the required weights would be difficult and costly. 
Handlers have containers in inventory, and have their equipment 
adjusted to those containers. By lowering the minimum net weights, 
handlers will be able to use the boxes they have. This change will also 
reduce the need to add additional avocados to meet net weight 
requirements. In addition, it will help reduce the possibility of 
containers failing the minimum weight requirement, and save handlers 
the expense of reworking failed lots of avocados. This change also will 
benefit growers by providing greater packouts and additional grower 
revenue. Therefore, the AAC recommended lowering the minimum net 
weights of 12\1/2\, 25, 32, and 34 pounds to 12, 24, 31, and 33 pounds 
designated net weights. However, this action does not change the 
established tolerances or the requirement for a fairly tight pack.
    The final change made by this rule is the elimination of specific 
container dimension requirements from both orders' rules and 
regulations. Current requirements include dimensions for all authorized 
containers of limes and avocados, specifying specific measurements for 
height, width, and depth. This rule eliminates the specific dimension 
constraints, but maintains the container net weight requirements.
    Sections 911.329 and 915.305 of the rules and regulations outline 
container dimension requirements for limes and avocados, respectively. 
These sections establish specific interior dimensions in inches for 
containers approved for use under the orders. The dimensions vary from 
a small 5.5 pound container with measurements of 7\1/2\  x  11\7/8\  x  
4\1/4\ inches to a large 42 pound container with measurements of 12\3/
4\  x  15\1/4\  x  10\3/4\ inches for limes. Avocados also have similar 
specific interior dimensions, from a small 8.5 pound container with 
dimensions of 16\1/2\  x  13\1/2\  x  3\1/4\ inches to a large 34 pound 
container with dimensions of 11  x  16\1/4\  x  10\3/4\ inches.
    A recent review of the containers in use throughout the industry 
revealed that interior dimensions varied from handler to handler, and 
in many cases, were different than those specified in the rules and 
regulations. Some of the differences occurred in the box manufacturing 
process, where tolerances were granted to allow for equipment 
adjustments.
    While the dimensions of containers has varied throughout the 
industry, the adherence to the net weight requirements has not. Under 
current inspection procedures, the containers are being weighed and 
checked for compliance with net weight requirements. This means that 
even though container dimensions may vary somewhat among individual 
handlers, the essential volume among like containers is the same. 
Therefore, rather than revising the rules and regulations to 
incorporate numerous additional containers with specific dimensions, 
the committees voted to eliminate the references to set measurements 
while maintaining the container net weight requirements.
    The committees concluded that requiring handlers to use containers 
with specific dimensions is not necessary as long as the containers 
used contain a net weight specified in the requirements. The committees 
believe that even with this change, the rules and regulations continue 
to promote the shipment of a uniform product. The committees also 
anticipate that this change will reduce costs by allowing handlers to 
use boxes in inventory, rather than ordering new containers and making 
adjustments to equipment. They thought that removing specific container 
dimension requirements provided handlers with additional packing 
flexibility under the rules and regulations. They also agreed this 
change made more sense than trying to add the dimensions of all the 
containers currently in use to the requirements. Therefore, the 
committees recommended removing the regulations requiring specific 
interior dimensions for containers. However, all containers must 
continue to meet the specific net weight requirements as they appear in 
the rules and regulations.
    Section 8e of the Act provides that when certain domestically 
produced commodities, including limes and avocados, are regulated under 
a Federal marketing order, imports of that commodity must meet the same 
or comparable grade, size, quality, and maturity requirements. This 
rule changes the container marking and minimum net weight requirements 
currently issued under these orders. Therefore, no change is necessary 
in the lime or avocado import regulations.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), AMS has considered the economic impact of this action on 
small entities. Accordingly, AMS has prepared this initial regulatory 
flexibility analysis.
    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 approximately 111 lime producers and 141 avocado 
producers in the production area and approximately 33 lime handlers and 
49 avocado handlers subject to regulation under the marketing orders. 
Small agricultural producers have been defined by the Small Business 
Administration (SBA) as those having annual receipts less than 
$500,000, and small agricultural service firms are defined as those 
whose annual receipts are less than $5,000,000 (13 CFR 121.601).
    Based on the Florida Agricultural Statistical Service and committee 
information, the average on-tree price for fresh limes during the 1996-
97 season was $7.10 per 88 pound box equivalent and shipments totaled 
398,279 bushels (55 pound bushel). Approximately 20 percent of all 
handlers handled 86 percent of Florida lime shipments.
    The average price for fresh avocados during the 1997-98 season was 
$14.60 per 55 pound bushel box equivalent for all domestic shipments 
and the total shipments were 937,568 bushels. Approximately 10 percent 
of all handlers handled 90 percent of Florida avocado shipments. Many 
lime and avocado handlers ship other tropical fruit and vegetable 
products which are not included in the committees' data but

[[Page 37478]]

would contribute further to handler receipts.
    Using these prices, about 90 percent of lime and avocado handlers 
could be considered small businesses under the SBA definition and about 
10 percent of the handlers could be considered large businesses. The 
majority of Florida lime and avocado producers and handlers may be 
classified as small entities.
    Under Sec. 911.48 and Sec. 915.51 of the marketing orders for limes 
and avocados grown in Florida, the committees have the authority to 
establish and modify pack and container requirements for limes and 
avocados handled under the order. Current pack and container 
requirements outline the types of information and the number of times 
this information needs to appear on a container. The requirements also 
list the specific requirements as to container size and weight 
restrictions the packed container must meet.
    This rule makes several changes to Secs. 911.311 and 911.329, and 
Secs. 915.305 and 915.306 of the rules and regulations concerning the 
pack and container requirements for limes and avocados, respectively. 
This rule simplifies container marking requirements for both limes and 
avocados by reducing the number of times the size for limes and the 
grade for avocados need to appear on a container. This rule also 
removes net weight limits on lime and avocado containers packed within 
a master container, and relaxes certain minimum net weight requirements 
on packed avocados. In addition, this rule eliminates specific 
container dimension requirements for both limes and avocados. These 
changes will reduce handling costs and provide greater flexibility in 
lime and avocado packing operations.
    This rule will have a positive impact on affected entities. The 
changes were recommended to reduce costs and provide additional 
flexibility in packing limes and avocados. None of the changes are 
expected to increase costs associated with the pack and container 
requirements.
    The change in the stamping requirement will allow containers to 
move more rapidly through the packing line, reduce the number of 
stamping machines and labor needed, and decrease costs associated with 
complying with the marking requirements.
    The committees believe this change will benefit both large and 
small packing operations. Larger operations use automated stamping. 
Current stamping requirements mean that each packing line needs to have 
at least two in-line stamp rollers or ink jet printers. In cases where 
the line has only one stamping device, the containers must be reversed 
and run through the line a second time for limes, and three times for 
avocados. This can take a considerable amount of time. This change will 
allow containers to move more rapidly through the packing line, reduce 
the number of stamping machines required, and decrease the costs 
associated with these activities.
    Most smaller operations stamp the containers by hand. To meet the 
current requirements, each box must be rotated and stamped in more than 
one location. This increases the time and effort needed to pack each 
box. Reducing the number of times a container must be stamped will 
decrease the amount of labor needed and the associated stamping costs 
required to meet these requirements.
    The change in net weight of a container packed within a master 
container will provide handlers with more options in how they use a 
master container, and provide handlers greater flexibility in 
addressing the needs of customers.
    Lowering certain minimum net weight requirements for avocados will 
reduce the practice of over filling containers to ensure compliance 
with the minimum net weight requirements. Some handlers have been 
packing the containers so tightly that the avocados were bruised or 
damaged in transit. This change will reduce the need to add additional 
avocados to meet net weight requirements, thus, saving on costs from 
adding additional fruit to the containers and damaged fruit. This 
change also will help reduce the possibility that containers will fail 
the minimum weight requirement, saving the handler the expense of 
reworking failed lots of avocados. Growers also might benefit from this 
change. If less fruit damage results in increased customer satisfaction 
and higher f.o.b. prices, some additional revenue might be passed on to 
the growers.
    A recent review of the containers in use throughout the industry 
revealed that the interior dimensions varied with each packer, and in 
many cases, were different than those specified in the rules and 
regulations. Absent this change eliminating specific container 
dimensions, some handlers would need to bear the expense of ordering 
new boxes, and take a loss on the boxes they have in inventory, or 
petition the committees to expand the list of approved container 
dimensions. The elimination of specific container dimension 
requirements from both orders' rules and regulations will reduce costs 
to handlers by allowing handlers to use boxes in inventory, rather than 
having to order new containers.
    As long as the containers contain enough limes or avocados to meet 
net weight requirements, the committees believe that different 
container dimensions are not necessary. The committees believe that 
even with this change, the rules and regulations will continue to 
promote the shipment of uniform product, while providing handlers 
additional latitude in their choice of containers.
    These changes are intended to reduce costs and provide additional 
flexibility for all those covered under the orders. The opportunities 
and benefits of this rule are expected to be equally available to all 
lime and avocado handlers and growers regardless of their size of 
operation.
    Other alternatives to the actions approved were considered by the 
committees prior to making the recommendations. One alternative 
discussed by the committees regarding the stamping question was to 
require containers to continue to be stamped on two sides for limes, 
and on the top and two sides of the lid for avocados. The committees 
believed that this is a duplicate effort that provides little benefit 
and increases associated packing costs. They rejected this alternative.
    The committees also considered an alternative to the change 
recommended regarding the weight of containers packed within a master 
container. The committees discussed establishing another net weight 
limitation above the current four pound restriction. However, the 
committees believed that just increasing the weight limit would still 
limit flexibility and rejected that option.
    The AAC considered several alternatives to relaxing specific 
minimum net weight requirements. One alternative discussed was 
increasing the percentage tolerance in terms of the number of 
containers that could fail to meet the weight requirements before the 
entire lot would fail. Members were concerned that raising the 
allowable tolerance would have a negative impact on the uniformity of 
the pack, allowing for too much variance from the standard. There was 
also concern that this may not fully address the problem. Even with the 
increased tolerance, to avoid reaching the limit, there would still be 
cause to over pack containers. Another alternative considered was to 
change the way the tolerance was measured, changing from containers per 
lot to an average of containers packed on a given day. Under this 
alternative, a handler would not know if they had exceeded the 
allowable tolerance until

[[Page 37479]]

the end of the packing day. This would mean that if a handler was found 
to be out of compliance, they would be out of compliance for the whole 
day, requiring a rework of all the fruit packed that day rather than 
only the lots that failed. The committees also considered changing the 
container requirements to specify containers that were wider and longer 
than present containers. Discussion concluded that there were already 
numerous containers and that adding or changing several containers to 
cover all the weights, sizes, and varieties would make things more 
complicated. It would also increase the financial burden by requiring 
the purchase of new boxes, and the modifying of equipment and pallets 
to accommodate the change. Therefore, the committees dismissed these 
alternatives.
    Two alternatives to eliminating specific container dimension 
requirements were presented for discussion. One alternative was to 
leave all lime and avocado containers as they are now. A review of the 
containers in use throughout the industry revealed that interior 
dimensions varied from handler to handler and in many cases, were 
different than those specified in the rules and regulations. However, 
not making this change could result in additional costs for handlers. 
The second alternative centered on adjusting the regulations to 
accommodate all the containers currently in use. The committees 
rejected the idea of adding more containers to the regulations as 
making things overly complicated with little discernable benefit. The 
committees believed that the recommended change will continue to 
promote the shipment of uniform product, require no additional cost, 
and allow handlers additional flexibility in choice of containers. 
Based on this discussion, this alternative was rejected.
    This rule will not impose any additional reporting or recordkeeping 
requirements on either small or large lime or avocado handlers. As with 
all Federal marketing order programs, reports and forms are 
periodically reviewed to reduce information requirements and 
duplication by industry and public sectors. In addition, the Department 
has not identified any relevant Federal rules that duplicate, overlap 
or conflict with this rule.
    Further, the committees' meetings were publicized throughout the 
lime and avocado industries and all interested persons were invited to 
attend the meetings and participate in the committees' deliberations. 
Like all the committees' meetings, the July 9, 1997, August 13, 1997, 
and February 11, 1998, meetings were public meetings and all entities, 
both large and small, were able to express their views on these issues. 
Finally, interested persons are invited to submit information on the 
regulatory and informational impacts of this action on small 
businesses.
    After consideration of all relevant material presented, including 
the committees' recommendations, and other information, it is found 
that this interim final rule, as hereinafter set forth, will tend to 
effectuate the declared policy of the Act.
    This rule invites comments on changes to the pack and container 
requirements currently prescribed under the Florida lime and avocado 
marketing orders. Any comments received will be considered prior to 
finalization of this rule.
    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) Handlers are currently shipping limes and will begin to 
ship avocados shortly; (2) the committees unanimously recommended these 
changes at public meetings and interested persons had an opportunity to 
provide input; (3) this rule relaxes container size, weight, and 
marking requirements; (4) Florida lime and avocado handlers are aware 
of this rule and need no additional time to comply with the relaxed 
requirements; and (5) this rule provides a 60-day comment period and 
any comments received will be considered prior to finalization of this 
rule.

List of Subjects

7 CFR Part 911

    Limes, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 915

    Avocados, Marketing agreements, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR parts 911 and 915 
are amended as follows:
    1. The authority citation for both 7 CFR parts 911 and 915 
continues to read as follows:

    Authority: 7 U.S.C. 601-674.

PART 911--LIMES GROWN IN FLORIDA

    2. In Sec. 911.311, the introductory text of paragraph (d) is 
revised to read as follows:


Sec. 911.311  Florida lime pack and container marking regulation.

* * * * *
    (d) No handler shall handle any container of seedless limes, grown 
in the production area, unless such container is marked once on the top 
or on any one side of the container, not to include the bottom, with 
letters at least one inch in height with one of the size designations 
shown in column 1 of the following table: Provided, That the number of 
seedless limes in a ten pound sample of a particular size designation, 
representative of the limes in the container, corresponds to the 
permissible size range in column 2 of such table for such size 
designation: Provided further, That not more than 10 percent of the 
containers in any lot may fail to meet these requirements.
* * * * *
    3. In Sec. 911.329, paragraphs (a)(2)(iv) through (a)(2)(xi) are 
removed, and paragraphs (a)(2)(i) through (a)(2)(iii) and paragraph 
(a)(3) are revised to read as follows:


Sec. 911.329  Florida lime container regulation.

    (a)(1) * * *
    (2) * * *
    (i) All limes shall be packed in containers of 5.5, 8, 10, 20, and 
38 pounds designated net weights. The net weight of the contents shall 
not be less than the designated net weight. The net weight of limes 
shall not exceed the designated net weight by more than two pounds for 
10 and 20 pound containers, and shall not exceed the designated net 
weight by more than four pounds for 38 pound containers. Further, the 
net weight shall not exceed the designated net weight by more than one 
pound for 8 pound containers, and this container shall be for export 
shipments only.
    (ii) When a container of 38 pounds designated net weight is used as 
a master container for bagged limes, the minimum net weight of limes 
shall be 35 pounds, provided the container is marked ``Master 
Container.''
    (iii) Such other types and sizes of containers as may be approved 
by the Florida Lime Administrative Committee, with the approval of the 
Secretary, for testing in connection with a research project conducted 
by or in cooperation with said committee: Provided, That the handling 
of each lot of limes in such test containers shall be

[[Page 37480]]

subject to the prior approval, and under the supervision of, the 
Florida Lime Administrative Committee.
    (3) The limitations set forth in paragraph (a)(2) of this section 
shall not apply to master containers of individual packages, including 
individual bags of limes: Provided, That the markings or labels, if 
any, on such packages do not conflict with the markings or labels on 
the master container.
* * * * *

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

    4. Section 915.305, is revised to read as follows:


Sec. 915.305  Florida Avocado Container Regulation 5.

    (a) No handler shall handle any avocados for the fresh market from 
the production area to any point outside thereof in containers having a 
capacity of more than 4 pounds of avocados unless the containers meet 
the requirements specified in this section: Provided, That the 
containers authorized in this section shall not be used for handling 
avocados for commercial processing into products pursuant to 
Sec. 915.55(c). All avocados shall be packed in containers of 33, 31, 
24, 12, and 8.5 pounds designated net weights and shall conform to all 
other applicable requirements of this section:
    (1) Containers shall not contain less than 33 pounds net weight of 
avocados, except that for avocados of unnamed varieties, which are 
avocados that have not been given varietal names, and for Booth 1, 
Fuchs, Trapp varieties, such weight shall be not less than 31 pounds 
with respect to each lot of such containers, not to exceed 10 percent, 
by count, of the individual containers in the lot may fail to meet the 
applicable specified weight but no container in such lot may contain a 
net weight of avocados exceeding 2 pounds less than the specified net 
weight, and each avocado in such container in a lot shall weigh at 
least 16 ounces, except that not to exceed 10 percent, by count, of the 
fruit in the lot may fail to meet such weight requirement but not more 
than double such tolerance shall be permitted for an individual 
container in the lot; or
    (2) Containers shall not contain less than 24 pounds net weight of 
avocados: Provided, That not to exceed 5 percent, by count, of such 
containers in any lot may fail to meet such weight requirement. All 
avocados packed at this designated net weight shall be placed in two 
layers and the net weight of all avocados in any such container shall 
not be less than 24 pounds: Provided, That the requirement as to 
placing avocados in two layers only shall not apply to such container 
if each of the avocados therein weighs 14 ounces or less; or
    (3) Containers shall not contain less than 12 pounds net weight of 
avocados: Provided, That not to exceed 5 percent, by count, of such 
containers in any lot may fail to meet such weight requirement. All 
avocados packed at this designated net weight shall be placed in one 
layer only and the net weight of all avocados in any such container 
shall not be less than 12 pounds; or
    (4) Containers shall not contain less than 8.5 pounds net weight of 
avocados: Provided, That not to exceed 5 percent, by count, of such 
containers in any lot may fail to meet such weight requirement. All 
avocados packed at this designated net weight shall be placed in one 
layer only and the net weight of all avocados in any such container 
shall not be less than 8.5 pounds. Such containers shall be for export 
shipments only.
    (5) Such other types and sizes of containers as may be approved by 
the Avocado Administrative Committee, with the approval of the 
Secretary, for testing in connection with a research project conducted 
by or in cooperation with said committee: Provided, That the handling 
of each lot of avocados in such test containers shall be subject to 
prior approval, and under the supervision of, the Avocado 
Administrative Committee.
    (b) The limitations set forth in paragraph (a) of this section 
shall not apply to master containers for individual packages of 
avocados: Provided, That the markings or labels, if any, on the 
individual packages within such master containers do not conflict with 
the markings or labels on the master container.
    5. In Sec. 915.306, paragraph (a)(6) is revised to read as follows:


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

    (a)* * *
    (6) Such avocados when handled in containers authorized under 
Sec. 915.305, except for those to export destinations, are marked once 
with the grade of fruit in letters and numbers at least one inch in 
height on the top or one side of the container, not to include the 
bottom, effective each fiscal year from the first Monday after July 15 
until the first Monday after January 1.
* * * * *
    Dated: July 7, 1998.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-18459 Filed 7-10-98; 8:45 am]
BILLING CODE 3410-02-P