[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Rules and Regulations]
[Pages 53181-53186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25516]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 915 and 944

[Docket No. FV99-915-2 FR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule revises 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 changes maturity requirements by 
adding additional shipping dates, weights and/or diameters to the 
shipping schedule for several avocado varieties, and adds three new 
varieties of avocados to the shipping schedule. This rule facilitates 
the shipment of avocados as they mature, and ensures that only mature 
fruit is shipped to the fresh market. This helps improve grower returns 
and promotes orderly marketing. Application of the maturity 
requirements to imported avocados is required under section 8e of the 
Agricultural Marketing Agreement Act of 1937.

EFFECTIVE DATE: This final rule becomes effective October 4, 1999.

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 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].

SUPPLEMENTARY INFORMATION: This final 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 final 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 final 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

[[Page 53182]]

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, 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 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 changes 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 
rule adds 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 also adds 
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 facilitates the shipment of these 
varieties of avocados as they mature, and ensures that only mature 
fruit is shipped to the fresh market, which 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 adds 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 outlines 
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 permits varieties of avocados of certain minimum weights 
and diameters to be shipped by handlers earlier than currently 
required. This rule adds a C date for Arue variety avocados so those 
with a minimum weight of 12 ounces can 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 adds 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 can 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 also adds 
a C date for Donnie avocados so that those with a minimum weight of 12 
ounces can 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 also adds a B date for Leona avocados so that those 
with a minimum weight of 16 ounces can be shipped by October 3, or the 
nearest Monday to that date each year. Currently, Leonas of this

[[Page 53183]]

weight cannot be shipped until October 10. This rule adds 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 can 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 also 
adds 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 can 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.
    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, smaller sizes of this variety can be 
shipped as they mature. Similar situations exist for the Beta, Donnie, 
Leona, Loretta, and Tower II varieties, and the relaxed maturity 
requirements 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 also adds 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 
prevents 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 revises 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 continue to be exempt under this final 
rule. However, these varieties are not exempt from the grade import 
regulation, which is not being changed.
    This rule adds 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 also adds 
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

[[Page 53184]]

which are exempt from the avocado maturity shipping schedule, and 
continue to be exempt under this final rule 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.
    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 facilitates shipments of avocados as they mature, and 
ensures that only mature fruit is shipped to the fresh market. Thus, 
importers benefit from the changes in maturity requirements, just like 
Florida growers and handlers.
    In the maturity schedule tables in Secs. 915.332 and 944.31, the 
entries for ``Tower'' are removed and entries for ``Tower II'' are 
inserted in their place. This is being done to correct the name of the 
avocado variety listed in each of the tables.
    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 final 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 makes several changes to the order's maturity rules and 
regulations. This rule revises 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 adds 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 also adds 
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 facilitates the shipment of these 
varieties of avocados as they mature, and ensures that only mature 
fruit is shipped to the fresh market. This helps improve grower returns 
and promote orderly marketing.
    This rule has a positive impact on affected entities. The changes 
are 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 will 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 adds B or C dates to six varieties under the order 
will not create any additional costs. This change relaxes requirements 
and facilitates the shipment of smaller-sized fruit as it matures. 
Growers have noticed that smaller-sized fruit of these varieties has 
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 will allow growers to pick the fruit 
as it matures, and reduce fruit loss while still supplying the market 
with mature fruit.
    The change that adds three additional varieties to the schedule 
will 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

[[Page 53185]]

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 helps 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, 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 changes will 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 will not impose any additional reporting or recordkeeping 
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, 1998, meeting was a public meeting 
and all entities, both large and small, were able to express their 
views on this issue. Finally, interested persons were 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 final rule.
    A proposed rule concerning this action was published in the Federal 
Register on Friday, August 20, 1999 (64 FR 45461). Copies of the rule 
were mailed to all Committee members and avocado handlers. The rule was 
made available through the Internet by the Office of the Federal 
Register. Copies of the proposed rule also were sent to all known 
avocado importers and to the foreign embassies of the countries known 
to be exporting avocados to the United States. A 30-day comment period 
ending September 20, 1999, was provided to allow interested persons to 
respond to the proposal. No comments were received.
    A small business guide on complying with fruit, vegetable, and 
speciality crop marketing agreements and orders may be viewed at the 
following web site: http://www.ams.usda.gov/fv/moab.html. Any questions 
about the compliance guide should be sent to Jay Guerber at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    After consideration of all relevant matter presented, including the 
information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule, as 
hereinafter set forth, will tend to effectuate the declared policy of 
the Act.
    It is further found that good cause exists for not postponing the 
effective date of this rule until 30 days after publication in the 
Federal Register (5 U.S.C. 553) because handlers are already shipping 
avocados from the 1999-2000 crop and both handlers and importers should 
be able to take advantage of the changes in the maturity schedule as 
soon as possible. Further, the industry is aware of this rule, which 
was recommended at a public meeting. Also, a 30-day comment period was 
provided for in the proposed rule, and no comments were received.

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 
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.


Sec. 915.332  [Amended]

    2. In Sec. 915.332, Table I, the entry for ``Tower'' is removed and 
an entry for Tower II is added 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 
term ``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
 

[[Page 53186]]

 
                   *                  *                  *                  *                  *                  *                  *
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
 
                   *                  *                  *                  *                  *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *


Sec. 944.31  [Amended]

    3. In Sec. 944.31, Table 1, the entry for ``Tower'' is removed and 
an entry for ``Tower II'' is added 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: September 27, 1999.
Eric M. Forman,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 99-25516 Filed 9-30-99; 8:45 am]
BILLING CODE 3410-02-P