[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]
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Proposed Rules
Federal Register
________________________________________________________________________
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:
moab.docketclerk@usda.gov. 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.Guerber@usda.gov. 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.
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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
