[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15722]
[[Page Unknown]]
[Federal Register: June 29, 1994]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 915
[Docket No. FV94-915-1-FIR]
Avocados Grown in South Florida; Finalize Suspension of Grade
Requirements for Certain Florida Avocados
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: This rule finalizes without change an interim final rule which
suspended grade requirements for fresh Florida avocados shipped in
certain containers to destinations within the production area in
Florida for the 1994-95 season. The suspension was designed to enable
Florida growers and handlers to continue to market a larger percentage
of their crops in the production area, and was necessary in response to
quality problems associated with the after effects of Hurricane Andrew.
EFFECTIVE DATE: July 29, 1994.
FOR FURTHER INFORMATION CONTACT: Aleck Jonas, Southeast Marketing Field
Office, Fruit and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter
Haven, Florida 33883-2276; telephone: 813-299-4770, or FAX: 813-299-
5169; or Gary D. Rasmussen, Marketing Specialist, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, Room 2523-S, Washington, DC 20090-6456; telephone: 202-720-
5331, or FAX: 202-720-5698.
SUPPLEMENTARY INFORMATION: This final rule is issued under Marketing
Agreement and Order No. 915 (7 CFR Part 915) regulating the handling of
avocados grown in South Florida, hereinafter referred to as the order.
This order is effective under the Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the
Act.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This final rule has been reviewed under Executive Order 12778,
Civil Justice Reform. This rule is not intended to have retroactive
effect. This rule will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 8c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and requesting a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing, the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction in equity to review the
Secretary's ruling on the petition, provided a bill in equity is filed
not later than 20 days after the date of the entry of the ruling.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), the Administrator of the Agricultural Marketing
Service (AMS) has considered the economic impact of this action on
small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are about 65 avocado handlers subject to regulation under the
order covering avocados grown in South Florida, and about 95 avocado
producers in South Florida. Small agricultural service firms are
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts of less than $5,000,000, and small agricultural
producers have been defined as those having annual receipts which are
less than $500,000. The majority of these handlers and producers may be
classified as small entities.
The Avocado Administrative Committee (committee) met February 16,
1994, and recommended the suspension of certain grade requirements. The
committee meets prior to and during each season to review the rules and
regulations effective on a continuous basis for avocados regulated
under the order. Committee meetings are open to the public, and
interested persons may express their views at these meetings. The
Department reviews committee recommendations and information, as well
as information from other sources, and determines whether modification,
suspension, or termination of the rules and regulations would tend to
effectuate the declared policy of the Act.
Section 915.306 (7 CFR 915.306) of the order specifies grade, pack,
and container marking regulations for fresh shipments of avocados grown
in Florida. This section was amended by an interim final rule published
at 58 FR 7972 on February 11, 1993, and finalized at 58 FR 34683 on
June 29, 1993. That amendment suspended grade requirements for avocados
shipped to destinations within the production area in Florida in
containers other than those authorized under Sec. 915.305, during the
period February 11, 1993, through March 31, 1994.
This rule finalizes an interim final rule which further amended
Sec. 915.306 by adding a new paragraph (a)(7) to extend the suspension
of grade requirements for avocados shipped to destinations within the
production area in Florida in containers other than those authorized
under Sec. 915.305, during the period April 1, 1994, through March 31,
1995. The interim final rule was issued March 25, 1994, with an
effective date of April 1, 1994, and published in the Federal Register
(59 FR 15313, April 1, 1994). The interim final rule provided a 30-day
comment period ending May 2, 1994, and no comments were received.
The committee recommended that this suspension be extended for
1994-95 season shipments, because more than normal amounts of scarring
and Cercospora spots due to wind damage and the loss of tree canopy are
expected to damage the skin of the fruit for several avocado varieties
during the 1994-95 season. These skin blemishes affect the appearance
of the avocados, and as a result some of the fruit will not meet the
minimum grade requirement of U.S. No. 2 specified in paragraph (a)(1)
of Sec. 915.306. However, such fruit is a wholesome product marketable
within the production area.
This rule will enable Florida avocado producers and handlers to
continue selling fresh avocados in the production area, which would
otherwise be culled out during the packing process, making additional
fruit available to consumers. This suspension is expected to result in
relatively small quantities of lower quality avocados being sold fresh
within the production area during the 1994-95 season.
The committee recommended that this suspension be made effective
for only the 1994-95 season, because it expects that more abundant
supplies of fresh Florida avocados with fewer skin blemishes will be
available for the fresh market by the start of the 1995-96 season.
Florida avocado production continues to recover from the devastation
caused by Hurricane Andrew in August of 1992, but production expected
for the 1994-95 season is still well below the levels reached prior to
the hurricane.
The suspension does not apply to fresh Florida avocados shipped to
destinations outside the production area and to avocados shipped to any
destination in those containers specified in Sec. 915.305. A minimum
grade requirement of U.S. No. 2 continues to apply to such shipments.
Also, the suspension does not change any current maturity, container,
pack, and inspection requirements effective under the order for fresh
Florida avocado shipments.
Avocados imported into the United States must grade at least U.S.
No. 2, as provided in Sec. 944.28 (7 CFR 944.28). Since the interim
final rule did not change the minimum grade requirement of U.S. No. 2
specified in Sec. 915.306 for avocados handled to points outside the
production area, there was no need to change the avocado import
regulation. Section 8e of the Act (7 U.S.C. 608e-1) requires that
whenever specified commodities, including avocados, are regulated under
a Federal marketing order, imports of that commodity into the United
States must meet the same or comparable grade, size, quality, or
maturity requirements as those in effect for the domestically produced
commodity.
This rule reflects the committee's and the Department's appraisal
of the need to maintain the suspension of the grade requirements for
certain Florida avocados shipped during the 1994-95 season. The
Department's view is that this rule will have a beneficial impact on
producers and handlers since it will permit avocado handlers to
continue to make additional supplies of fruit available to meet
consumer needs consistent with expected crop and market conditions.
Based on the above, the Administrator of the AMS has determined
that this rule will not have a significant economic impact on a
substantial number of small entities.
After consideration of all relevant matter presented, the
information and recommendations submitted by the committee, and other
information, it is found that the finalization as set forth below will
tend to effectuate the declared policy of the Act.
List of Subjects in 7 CFR Part 915
Avocados, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR Part 915 is
amended as follows:
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
Accordingly, the interim final rule amending 7 CFR part 915 which
was published at 59 FR 15313 on April 1, 1994, is adopted as a final
rule without change.
Dated: June 23, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-15722 Filed 6-28-94; 8:45 am]
BILLING CODE 3410-22-P
