[Federal Register Volume 72, Number 213 (Monday, November 5, 2007)]
[Proposed Rules]
[Page 62417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5468]


 ========================================================================
 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. 72, No. 213 / Monday, November 5, 2007 / 
Proposed Rules  

[[Page 62417]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 51

[Docket No. AMS-FV-2007-0008; FV-06-310]


United States Standards for Grades of Florida Avocados

AGENCY:  Agricultural Marketing Service, USDA.

ACTION:  Advance notice on proposed rulemaking; withdrawal.

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SUMMARY:  The Agricultural Marketing Service (AMS) is withdrawing an 
advance notice of proposed rulemaking soliciting comments on possible 
revisions to the voluntary United States Standards for Grades of 
Florida Avocados. After reviewing and considering the comments 
received, the agency has decided not to proceed further with this 
action.

DATES:  The advance notice of proposed rulemaking is withdrawn as of 
November 5, 2007.

FOR FURTHER INFORMATION CONTACT:  Vincent J. Fusaro, Standardization 
Section, Fresh Products Branch, (202) 720-2185. The United States 
Standards for Grades of Florida Avocados are available either through 
the address cited above or by accessing the Fresh Products Branch Web 
site at: http://www.ams.usda.gov/standards/stanfrfv.htm.

Background

    AMS had identified the United States Standards for Grades of 
Florida Avocados for possible revisions. AMS solicited comments on 
possible revisions to the standards including deleting ``Florida'' to 
allow the standards to apply to all avocados. The standards were 
published on September 3, 1957.
    On March, 29, 2007, AMS published an advance notice of proposed 
rulemaking in the Federal Register (72 FR 14709), soliciting comments 
on a possible revision to the United States Standards for Grades of 
Florida Avocados. A request was received on behalf of a foreign 
government expressing the need for additional time to comment. 
Following a review of the request, AMS published a notice in the 
Federal Register (72 FR 38057), on July 12, 2007, extending the period 
for comment.
    During the initial sixty-day comment period, three opposing 
comments and one supporting comment were received. The three opposing 
comments were submitted by a foreign avocado committee, a company 
representing growers/packers, and a national trade association 
representing wholesale receivers. The opposing commenters stated that 
this revision would not be beneficial to their industry as Florida 
avocados have unique characteristics which differ significantly from 
other varieties specifically, the Hass variety. They held the view that 
the revision would directly affect the Florida Marketing Order (7 CFR 
Part 915) and imports of the Hass variety. The Hass variety of avocados 
is not regulated currently under the marketing order.
    During the extension of the comment period, four opposing comments 
were received by a foreign government, a foreign avocado committee, a 
grower/shipper of avocados, and another from an association of packers, 
producers, and exporters. All expressed concerns regarding the effect 
this proposed revision might have on the marketing order and import 
requirements and a comment raised concerns regarding the treatment of 
California avocados under the proposed standard. The comments are 
available by accessing the http://www.regulations.gov Web site.
    While deleting the word ``Florida'' from the title of the standard 
would not impact the marketing order and/or import requirements, AMS 
understands the views and concerns expressed by the avocado industry. 
After considering all of the comments received regarding the proposed 
revisions, AMS has decided not to proceed further with this action. 
Therefore, the advance notice of proposed rulemaking, published March 
29, 2007 (72 FR 14709), is withdrawn.

    Authority:  7 U.S.C. 1621-1627.

    Dated: October 29, 2007.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 07-5468 Filed 11-2-07; 8:45 am]
BILLING CODE 3410-02-M