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

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

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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