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 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.

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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