[Federal Register Volume 64, Number 161 (Friday, August 20, 1999)]
[Proposed Rules]
[Pages 45461-45466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21665]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 64, No. 161 / Friday, August 20, 1999 / 
Proposed Rules  

[[Page 45461]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 915 and 944

[Docket No. FV99-915-2 PR]


Avocados Grown in South Florida and Imported Avocados; Revision 
of the Maturity Requirements for Fresh Avocados

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This rule invites comments on revisions to the maturity 
requirements currently prescribed under the marketing order for 
avocados grown in south Florida, and those specified in the avocado 
import maturity regulation. The marketing order regulates the handling 
of avocados grown in south Florida, and is administered locally by the 
Avocado Administrative Committee (Committee). This rule would change 
maturity requirements by adding additional shipping dates, weights and/
or diameters to the shipping schedule for several avocado varieties, 
and would add three new varieties of avocados to the shipping schedule. 
This rule would facilitate the shipment of avocados as they mature, and 
would ensure that only mature fruit is shipped to the fresh market. 
This would help improve grower returns and promote orderly marketing. 
Application of the maturity requirements to imported avocados is 
required under section 8e of the Agricultural Marketing Agreement Act 
of 1937.

DATES: Comments must be received by September 20, 1999.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposal. 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) 720-5698; or E-mail: 
[email protected]. 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: Doris Jamieson, 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, Fruit and Vegetable Programs, AMS, USDA, 
room 2525-S, P.O. Box 96456, Washington, DC 20090-6456; telephone: 
(202) 720-2491, Fax: (202) 720-5698. Small businesses may request 
information on complying with this regulation, or obtain a guide on 
complying with fruit, vegetable, and specialty crop marketing 
agreements and orders by contacting Jay Guerber, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. 
Box 96456, room 2525-S, Washington, DC 20090-6456; telephone (202) 720-
2491, Fax: (202) 720-5698, or E-mail: Jay.G[email protected]. You may 
view the marketing agreement and order small business compliance guide 
at the following web site: http://www.ams.usda.gov/fv/moab.html.

SUPPLEMENTARY INFORMATION: This proposed 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 South Florida, 
hereinafter referred to as the ``order.'' The marketing agreement and 
order are effective under the Agricultural Marketing Agreement Act of 
1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the 
``Act.''
    This proposed rule is also issued under section 8e of the Act, 
which provides that whenever certain specified commodities, including 
avocados, are regulated under a Federal marketing order, imports of 
these commodities into the United States are prohibited unless they 
meet the same or comparable grade, size, quality, or maturity 
requirements as those in effect for the domestically produced 
commodities.
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This proposed 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.
    There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of import regulations 
issued under section 8e of the Act.
    Under the terms of the marketing order, fresh market shipments of 
Florida avocados are required to be inspected and are subject to grade, 
size, maturity, and pack and container requirements. The maturity 
requirements for Florida avocados are intended to prevent the shipment 
of immature avocados. This helps to improve buyer confidence in the 
marketplace, and foster increased consumption. Current maturity 
requirements for the varieties of avocados grown in Florida are 
expressed in terms of minimum weights and diameters for specific dates 
during the shipping period (hereinafter referred to as the avocado 
maturity shipping schedule, maturity schedule, or shipping schedule), 
and color specifications for those varieties of avocados that turn red 
or purple when mature. The maturity requirements for the various 
varieties of avocados are different, because each variety has

[[Page 45462]]

different growing and maturation characteristics. The maturity 
requirements for each variety are based on test results. A minimum 
grade requirement of U.S. No. 2 is also in effect for Florida avocados.
    This rule invites comments on changes to the avocado maturity 
shipping schedule for various varieties currently prescribed in 
paragraph (a)(2) of Sec. 915.332 under the order. The shipping schedule 
for each variety is divided into A, B, C, and D dates which reflect 
different ripening times associated with the individual variety. The 
dates for a particular variety are established to regulate the shipment 
of smaller-sized avocados, which tend to take longer to mature. 
Consequently, A dates are associated with larger diameter, heavier 
fruit, and are established for early season shipments. D dates are 
established for the end of a variety's marketing season and allow the 
remaining smaller-sized mature fruit to be shipped. For a majority of 
the avocado varieties, the maturity schedule includes B and C dates 
that fall somewhere between the A and D dates for the particular 
variety. This proposal would add B or C shipping dates, with specific 
minimum weight, and/or minimum diameter measurements to the shipping 
schedule for the Arue, Beta, Donnie, Leona, Loretta, and Tower II 
varieties. It would also add three new varieties of avocados, the Semil 
34, Semil 43, and the Melendez, to the maturity schedule, including 
specific shipping requirements for each. This rule would facilitate the 
shipment of these varieties of avocados as they mature, and would 
ensure that only mature fruit is shipped to the fresh market. This is 
expected to help improve grower returns and promote orderly marketing. 
The Committee met and unanimously recommended these changes late last 
year.
    Section 915.51 of the order provides the authority to issue 
regulations establishing specific maturity requirements for avocados. 
The maturity requirements for avocados grown in Florida, based on 
minimum weights, diameters, and skin color in Sec. 915.332 (7 CFR 
915.332) of the order, are in effect on a continuous basis. The 
maturity requirements specify minimum weights and diameters for 
specific shipping periods for approximately 60 varieties of avocados, 
and color specifications for those varieties which turn red or purple 
when mature. The maturity requirements and dates for the various 
varieties of avocados are different because each variety has different 
characteristics and maturity times.
    This rule makes several changes to the maturity provisions under 
the order. The first change would add B or C shipping dates, with 
specific minimum weight, and/or minimum diameter measurements to the 
shipping schedule for the Arue, Beta, Donnie, Leona, Loretta, and Tower 
II varieties. Section 915.332 of the order rules and regulations 
outline the maturity requirements for avocados using a maturity 
schedule. Over the years, the maturity schedule has been determined to 
be the best indicator of maturity for the different varieties of 
avocados grown in Florida, and growers and handlers rely on the 
schedule in making harvesting, packing, and shipping decisions. The 
maturity requirements are designed to make sure that all shipments of 
Florida avocados are mature, so as to provide consumer satisfaction 
essential for the successful marketing of the crop, and to provide the 
trade and consumers with an adequate supply of mature avocados in the 
interest of producers and consumers.
    The maturity requirements for specified periods are based on the 
growing, harvesting, and maturity periods for the various varieties of 
Florida avocados. Such requirements prescribe minimum weights and/or 
diameters for specified periods as the maturity requirements for 
different varieties of avocados. These requirements are used as 
indicators during harvest to determine which avocados are sufficiently 
mature to complete the ripening process.
    The maturity requirements pertain to certain dates. These dates are 
established based on years of testing. Each covered variety has its own 
set of dates on the maturity schedule. The maturity requirements and 
dates for the various varieties of avocados are different because 
individual varieties have different characteristics and growing 
seasons. As previously mentioned, the schedule is broken up into A, B, 
C, and D dates, though not all varieties have dates and requirements 
for each.
    The different dates are used to reflect the ripening time 
associated with the individual varieties. Larger fruit within a variety 
matures earlier, while smaller-sized fruit takes longer to mature. 
Consequently, A dates are associated with larger sizes and weights, and 
are established for shipments early in a variety's season. D dates are 
established for the end of a variety's season when all fruit should be 
mature, and releases all remaining sizes and weights.
    For a majority of varieties, the schedule also includes B and C 
shipping dates that fall somewhere in between the A and D dates for the 
particular variety. These dates provide for a gradual shift in the 
maturity standards from the beginning of the season to its end, 
allowing for the shipment of smaller sizes and weights as a variety 
matures. However, not all varieties have established dates and 
requirements for B and C dates. Because of the nature and volume of the 
varieties when they were added to the schedule, the Committee, in the 
past, did not believe that establishing B and C dates for some 
varieties was necessary.
    This rule would permit varieties of avocados of certain minimum 
weights and diameters to be shipped by handlers earlier than currently 
required. This rule would add a C date for Arue variety avocados so 
those with a minimum weight of 12 ounces could be shipped by June 20, 
or the nearest Monday to that date each year. Currently, Arue variety 
avocados of this weight cannot be shipped until July 4. This rule would 
add a C date for Beta variety avocados so those with a minimum weight 
of 14 ounces or a minimum diameter of 3\3/16\ inches could be shipped 
by August 29, or the nearest Monday to that date each year. Currently, 
Betas of this weight or size cannot be shipped until September 5. This 
rule would also add a C date for Donnie avocados so that those with a 
minimum weight of 12 ounces could be shipped by June 20, or the nearest 
Monday to that date each year. Currently, Donnies of this weight cannot 
be shipped until July 4. This rule would also add a B date for Leona 
avocados so that those with a minimum weight of 16 ounces could be 
shipped by October 3, or the nearest Monday to that date each year. 
Currently, Leonas of this weight cannot be shipped until October 10. 
This rule would add a C date for Loretta avocados so that those with a 
minimum weight of 22 ounces or a minimum diameter of 3\12/16\ inches 
could be shipped by September 19, or the nearest Monday to that date 
each year. Currently, Lorettas of this weight or size cannot be shipped 
until September 26. This rule would also add a C date for Tower II 
avocados so that those with a minimum weight of 10 ounces or a minimum 
diameter of 3\2/16\ inches could be shipped by August 29, or the 
nearest Monday to that date each year. Currently, Tower II variety 
avocados of this weight or size cannot be shipped until September 5. 
This action was recommended by the Committee because it believes that 
for the varieties listed above, the absence of B or C dates left too 
much of a gap between the A and D dates.

[[Page 45463]]

    Because smaller sizes were maturing before the next available 
shipping date, quantities of small mature fruit could be lost to fruit 
drop during the time gap before it could be harvested and shipped. With 
tree crops, incidents of fruit dropping from the limbs occurs due to 
weather, disease, or other reasons depending on the particular crop. 
Fruit drop can increase as the fruit begins to mature. It is usually 
best to harvest the crop as close to maturity as possible to minimize 
fruit drop. In the case of avocados, when fruit drops from the tree it 
can experience bruising, insect damage, or reach a stage of ripeness 
where it cannot successfully be packed without being bruised. This 
results in an economic loss for growers and handlers. The Committee 
agreed that this has become more of a problem during the past few years 
as the production of avocados has increased following the devastation 
caused by Hurricane Andrew in 1992.
    As an example of the problem, consider the Arue variety. This 
variety currently has scheduled A, B, and D dates. However, the absence 
of a C date leaves a five-week gap between the B and D dates. This 
means that the minimum weight for the Arue variety remains at 14 ounces 
for this five-week period until the D date is reached releasing all 
weights. By filling the gap with a C date falling between the B and D 
dates, and a minimum weight of 12 ounces based on the Committee's 
maturity testing procedures explained below, smaller sizes of this 
variety could be shipped as they mature. Similar situations exist for 
the Beta, Donnie, Leona, Loretta, and Tower II varieties, and the 
relaxed maturity requirements would permit handlers to ship the fruit 
as it reaches satisfactory maturity, and avoid losses caused by fruit 
drop.
    The above avocado varieties were tested by the Committee to better 
identify the maturity of avocados grown in South Florida. The Committee 
based its recommendations on the testing data.
    This rule would also add three new varieties of avocados to the 
avocado maturity shipping schedule. A few years ago, budwood for the 
Semil 34, Semil 43, and Melendez varieties was obtained and evenly 
distributed among those growers interested in the new varieties. 
Growers who planted these varieties have been pleased with the 
production and quality of the fruit. The new varieties have also been 
well received in the market place. These varieties currently make up 
less than 1 percent of domestic shipments.
    Committee members believe that the production of the Semil 43, 
Semil 34, and Melendez varieties will continue to increase. Therefore, 
maturity dates and requirements are needed to ensure that only mature 
fruit is shipped to the fresh market. Growers have indicated they would 
be replacing other varieties with these varieties or planting more 
acres of these new varieties. In the past, the Committee has used the 
100 bushel mark in its considerations of whether to add or delete 
varieties from the shipping schedule. In the case of these three 
varieties, production has exceeded the 100 bushel mark and the 
Committee projects that production will continue to increase because 
they show so much promise.
    As with all varieties currently listed on the maturity schedule, 
the fruit was tested using the Committee's established procedures for 
testing maturity of avocados grown in south Florida to determine dates 
when different sizes and/or weights become mature. This information is 
then used to recommend the dates and requirements for addition to the 
schedule. The Committee has tested the new varieties for the past few 
seasons. Adding them as regulated varieties would place them under the 
maturity requirements as are other covered avocado varieties. This 
would prevent shipments of immature avocados to the fresh market, 
especially during the early part of the harvest season for each of 
these varieties. Providing fresh markets with mature fruit is an 
important aspect of creating consumer satisfaction and is in the 
interest of both producers and consumers.
    Florida avocado handlers may ship, exempt from the minimum grade 
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 in commercial 
processing are not subject to the grade and maturity requirements under 
the order.
    Section 8e of the Act provides that when certain domestically 
produced commodities, including avocados, are regulated under a Federal 
marketing order, imports of that commodity must meet the same or 
comparable grade, size, quality, and maturity requirements. Since this 
rule would revise the maturity requirements under the domestic handling 
regulations, a corresponding change to the avocado import maturity 
regulations must also be made.
    Maturity requirements for avocados imported into the United States 
are currently in effect under Sec. 944.31 (7 CFR 944.31). The Hass, 
Fuerte, Zutano, and Edranol varieties of avocados currently are exempt 
from the maturity schedule, and would continue to be exempt under this 
proposed rule. However, these varieties are not exempt from the grade 
import regulation, which is not proposed to be changed.
    This rule would add B or C shipping dates, with specific minimum 
weight, and/or minimum diameter measurements to the avocado maturity 
shipping schedule for the Arue, Beta, Donnie, Leona, Loretta, and Tower 
II varieties offered for importation into the United States. It would 
also add three new varieties of avocados, the Semil 34, Semil 43, and 
the Melendez, to the maturity schedule, including specific shipping 
requirements for each. The domestic maturity requirements for specified 
periods are based on the growing, maturation, and harvesting 
characteristics of the various varieties of South Florida avocados.
    Import data for calendar years 1995 through April 1999 reveals that 
the major exporters of avocados to the United States are Chile, Mexico, 
Dominican Republic, and the Bahamas. Imports from these countries 
totaled 18,577 metric tons in 1995, 25,405 in 1996, 26,562 in 1997, 
60,611 metric tons in 1998, and 9,261 through April of 1999. Other 
exporting countries include New Zealand, Belize, Israel, and Ecuador. 
Imports from the latter group of countries are small and sporadic.
    Chile is the predominant exporting country. Imports from Chile are 
growing and reached 44,757 metric tons in calendar year 1998. Chile 
exports avocados into the United States predominately during the months 
of August through December. However, exports have occurred during the 
period from January through May, and in 1999, Chile exported some 
avocados during the period January through April. The major varieties 
imported from Chile are Hass, Fuerte, Zutano, and Edranol, all of which 
are exempt from the avocado maturity shipping schedule, and would 
continue to be exempt under this proposal for domestic and imported 
avocados. These varieties, however, are subject to grade requirements.
    During calendar year 1998, Mexico was the second largest exporter 
of avocados into the United States. In 1998, exports from Mexico 
totaled 9,295 metric tons. Mexican shipments of fresh avocados to the 
United States are limited to November through February. The only 
variety of avocado imported from Mexico is the Hass, and the Hass 
variety is exempt from the maturity regulation as mentioned earlier.

[[Page 45464]]

    The third major importing country is the Dominican Republic. During 
1998, a total of 6,029 metric tons were imported during all 12 months 
of the year. Imports from the Bahamas during this period were small and 
appear to be declining.
    Non-exempt varieties of avocados from the foreign countries in 
close proximity to Florida (Mexico, the Dominican Republic, and 
Bahamas) have similar growing, harvesting, and maturity periods, and 
have met the minimum weight and diameter maturity requirements without 
any apparent problems, and this is expected to continue. The import 
maturity requirements based on skin color apply to avocados which turn 
red or purple when mature.
    A survey of Fresh Products Branch inspection offices checking 
imported avocados in 1998 revealed that most of the imported avocados 
were of the Hass variety.
    This rule would facilitate shipments of avocados as they mature, 
and would ensure that only mature fruit is shipped to the fresh market. 
Thus, importers would benefit from the proposed changes in maturity 
requirements, just like Florida growers and handlers.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (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. Import regulations issued under 
the Act are based on those established under Federal marketing orders.
    There are approximately 141 avocado producers in the production 
area and approximately 49 handlers subject to regulation under the 
marketing order. There are approximately 35 importers of avocados. 
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).
    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 
avocado handlers ship other tropical fruit and vegetable products which 
are not included in the Committees' data but would contribute further 
to handler receipts.
    Using these prices, about 90 percent of avocado handlers could be 
considered small businesses under the SBA definition and about 10 
percent of the handlers could be considered large businesses. Although 
specific data is unavailable, the Department believes that the majority 
of avocado producers and importers may be classified as small entities.
    Section 915.51 of the order provides the authority to issue 
regulations establishing specific maturity requirements for avocados. 
Maturity requirements for avocados grown in Florida, based on minimum 
weights, diameters, and skin color, are specified in Sec. 915.332 [7 
CFR 915.332] of the order, and are in effect on a continuous basis. 
These maturity requirements specify minimum weights and diameters for 
specific shipping periods for approximately 60 varieties of avocados, 
and color specifications for those varieties which turn red or purple 
when mature. The maturity requirements and dates for the various 
varieties of avocados are different because each variety has different 
varietal characteristics and maturity times.
    This rule would make several changes to the order's maturity rules 
and regulations. This rule would revise maturity requirements by adding 
shipping dates, weights, and/or diameters to the shipping schedule for 
several avocado varieties where no dates currently exist. Specifically, 
this rule would add B or C shipping dates, with specific minimum 
weight, and/or minimum diameter measurements to the shipping schedule 
for the Arue, Beta, Donnie, Leona, Loretta, and Tower II varieties. It 
would also add three new varieties of avocados, the Semil 34, Semil 43, 
and the Melendez, to the shipping schedule, including specific shipping 
requirements for each. This rule would facilitate the shipment of these 
varieties of avocados as they mature, and would ensure that only mature 
fruit is shipped to the fresh market. This would help improve grower 
returns and promote orderly marketing.
    This rule will have a positive impact on affected entities. The 
changes were recommended to provide additional flexibility in packing 
avocados and to ensure that only mature fruit is shipped to the fresh 
market.
    The impact of the change in these maturity regulations would not be 
adverse to growers, handlers, and importers. The application of 
maturity requirements to both Florida and imported avocados over the 
past several years has helped to assure that only mature avocados were 
shipped to fresh markets. The Committee continues to believe that the 
maturity requirements for Florida avocados are needed to improve grower 
returns. Preventing the shipment of immature avocados improves buyer 
confidence in the marketplace, and fosters increased consumption. 
Florida avocado producers and handlers have found such maturity 
requirements beneficial in the successful marketing of their avocado 
crop.
    The change that would add B or C dates to six varieties under the 
order would not create any additional costs. This change would relax 
requirements and facilitate the shipment of smaller-sized fruit as it 
matures. Growers have noticed that smaller-sized fruit of these 
varieties have been maturing prior to the currently specified shipping 
dates. This has caused an increased incidence of fruit drop, resulting 
in an economic loss to both growers and handlers. The additional 
minimum weights and/or diameters for the six varieties would allow 
growers to pick the fruit as it matures, and reduce fruit loss while 
still supplying the market with mature fruit.
    The change that would add three additional varieties to the 
schedule would also be beneficial in that regard. During the 1997-98 
season, the three additional varieties comprised less than 1 percent of 
total shipments from south Florida. While this rule may result in some 
additional costs by requiring fruit to meet minimum weight and/or 
diameter maturity standards, the benefits are expected to outweigh 
costs. Inspection costs for Florida avocados are 14 cents for a 40 
pound package, or equivalent thereof. Import inspection costs could 
range from 2.2 cents per package for a dockside inspection up to $86 
for an individual trailer load. Adding these varieties to the domestic 
and import maturity schedules would help keep immature fruit from 
reaching the market. Preventing the shipment of immature avocados 
improves buyer confidence in the marketplace, and fosters increased 
consumption, thus, improving grower returns.
    These changes are intended to provide some additional flexibility 
for all handlers covered under the order,

[[Page 45465]]

while helping to ensure that only mature fruit reaches the market. The 
opportunities and benefits of this rule are expected to be equally 
available to all avocado handlers and growers regardless of their size 
of operation. In addition, importers are expected to benefit similarly.
    The change in the avocado maturity shipping schedule is expected to 
benefit the marketers of both Florida and imported avocados by assuring 
that the avocados marketed are of satisfactory maturity. Experience has 
shown that when immature avocados are found in market channels they 
tend to weaken the market for the mature fruit. Fresh Products Branch 
inspection officials indicated that the fruit offered for importation 
has generally met maturity requirements. Thus, the Department believes 
that the proposed changes would not limit the quantity of imported 
avocados or place an undue burden on exporters, or importers of 
avocados. The changes are expected to continue to foster customer 
satisfaction and benefit all affected entities regardless of size.
    This rule would not impose any additional reporting or record 
keeping requirements on either small or large 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 Committee's meeting was widely publicized throughout 
the avocado industry and all interested persons were invited to attend 
the meeting and participate in Committee deliberations. Like all 
Committee meetings, the December 8, 1999, meeting was a public meeting 
and all entities, both large and small, were able to express their 
views on this issue. Finally, interested persons are invited to submit 
information on the regulatory and informational impacts of this action 
on small businesses.
    In accordance with section 8e of the Act, the United States Trade 
Representative has concurred with the issuance of this proposed rule.
    A 30-day comment period is provided to allow interested persons to 
respond to this proposal. Thirty days is deemed appropriate because 
this rule needs to be in place as soon as possible. Handlers are 
already shipping avocados from the 1999-2000 crop, and growers and 
handlers rely heavily on the avocado maturity shipping schedule in 
making harvesting and marketing decisions. Further, growers and 
handlers of avocados do not need to make any operational changes to 
comply with the maturity schedule changes, and the impact of the 
changes on importers of foreign grown avocados is expected to be 
minimal. All written comments timely received will be considered before 
a final determination is made on this matter.

List of Subjects

7 CFR Part 915

    Avocados, Marketing agreements, Reporting and recordkeeping 
requirements.

7 CFR Part 944

    Avocados, Food grades and standards, Grapefruit, Grapes, Imports, 
Kiwifruit, Limes, Olives, Oranges.

    For the reasons set forth above, 7 CFR parts 915 and 944 are 
proposed to be amended as follows:

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

    1. The authority citation for 7 CFR parts 915 and 944 continues to 
read as follows:

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

    2. In Sec. 915.332, Table I, the entry for ``Tower'' is removed and 
an entry for ``Tower II'' is inserted in its place, the entries for 
``Beta, Donnie, Loretta, Arue,'' and ``Leona'' are revised, and a new 
term ``Melendez'' is added immediately following the term ``Leona'' and 
new terms ``Semil 34'' and ``Semil 43'' are added immediately following 
the ``Booth 3'' to read as follows:


Sec. 915.332  Florida avocado maturity regulation.

    (a) * * *
    (2) * * *

                                                                         Table I
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Min.                          Min.                          Min.
                       Variety                         A date   Min. wt.    diam.    B date   Min. wt.    diam.    C date   Min. wt.    diam.    D date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Tower II............................................      8-01        14   3\6/16\      8-15        12   3\4/16\      8-29        10   3\2/16\      9-05
Beta................................................      8-08        18   3\8/16\      8-15        16   3\5/16\      8-29        14   3\3/16\      9-05
 
                   *                  *                  *                  *                  *                  *                  *
Loretta.............................................      8-22        30   4\3/16\      9-05        26  3\15/16\      9-19        22  3\12/16\      9-26
 
                   *                  *                  *                  *                  *                  *                  *
Arue................................................      5-16        16  ........      5-30        14   3\3/16\      6-20        12  ........      7-04
Donnie..............................................      5-23        16   3\5/16\      6-06        14   3\4/16\      6-20        12  ........      7-04
 
                   *                  *                  *                  *                  *                  *                  *
Leona...............................................      9-26        18  3\10/16\     10-03        16  ........  ........  ........  ........     10-10
Melendez............................................      9-26        26  3\14/16\     10-10        22  3\11/16\     10-24        18   3\7/16\     11-07
 
                   *                  *                  *                  *                  *                  *                  *
Semil 34............................................     10-17        18  3\10/16\     10-31        16   3\8/16\     11-14        14   3\5/16\     11-28
Semil 43............................................     10-24        18  3\10/16\      11-7        16   3\8/16\     11-21        14   3\5/16\     12-05
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *

[[Page 45466]]

    3. In Sec. 944.31, Table 1, the entry for ``Tower'' is removed and 
an entry for ``Tower II'' is inserted in its place, the entries for 
``Beta, Loretta, Arue, Donnie,'' and ``Leona'' are revised and a new 
term ``Melendez'' is added immediately following the term ``Leona'' and 
new terms ``Semil 34'' and ``Semil 43'' are added immediately following 
the term ``Booth 3'' to read as follows:


Sec. 944.31  Avocado import maturity regulation.

    (a) * * *
    (2) * * *

                                                                         Table I
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            Min.                          Min.                          Min.
                       Variety                         A date   Min. wt.    diam.    B date   Min. wt.    diam.    C date   Min. wt.    diam.    D date
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                   *                  *                  *                  *                  *                  *                  *
Tower II............................................      8-01        14   3\6/16\      8-15        12   3\4/16\      8-29        10   3\2/16\      9-05
Beta................................................      8-08        18   3\8/16\      8-15        16   3\5/16\      8-29        14   3\3/16\      9-05
 
                   *                  *                  *                  *                  *                  *                  *
Loretta.............................................      8-22        30   4\3/16\      9-05        26  3\15/16\      9-19        22  3\12/16\      9-26
 
                   *                  *                  *                  *                  *                  *                  *
Arue................................................      5-16        16  ........      5-30        14   3\3/16\      6-20        12  ........      7-04
Donnie..............................................      5-23        16   3\5/16\      6-06        14   3\4/16\      6-20        12  ........      7-04
 
                   *                  *                  *                  *                  *                  *                  *
Leona...............................................      9-26        18  3\10/16\     10-03        16  ........  ........  ........  ........     10-10
Melendez............................................      9-26        26  3\14/16\     10-10        22  3\11/16\     10-24        18   3\7/16\     11-07
 
                   *                  *                  *                  *                  *                  *                  *
Semil 34............................................     10-17        18  3\10/16\     10-31        16   3\8/16\     11-14        14   3\5/16\     11-28
Semil 43............................................     10-24        18  3\10/16\      11-7        16   3\8/16\     11-21        14   3\5/16\     12-05
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    Dated: August 17, 1999.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 99-21665 Filed 8-18-99; 8:45 am]
BILLING CODE 3410-02-P