[Federal Register Volume 59, Number 63 (Friday, April 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7693]
[[Page Unknown]]
[Federal Register: April 1, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
7 CFR Part 915
[Docket No. FV94-915-1-IFR]
Avocados Grown in South Florida; Suspension of Grade Requirements
for Certain Florida Avocados
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This rule extends a suspension of grade requirements for fresh
Florida avocados shipped in certain containers to destinations within
the production area in Florida for the 1994-95 season. This rule will
enable Florida growers and handlers to market a larger percentage of
their crops in the production area, and it is necessary in response to
quality problems associated with the after effects of Hurricane Andrew.
DATES: Effective April 1, 1994. Comments which are received by May 2,
1994 will be considered prior to issuance of any final rule.
ADDRESSES: Interested persons are invited to submit written comments
concerning this interim final rule. Comments must be sent in triplicate
to the Docket Clerk, Marketing Order Administration Branch, F&V, AMS,
USDA, room 2523-S, P.O. Box 96456, Washington, DC 20090-6456; FAX: 202-
720-5698. Comments should reference this 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: Aleck Jonas, Southeast Marketing Field
Office, Fruit and Vegetable Division, AMS, USDA, P.O. Box 2276, Winter
Haven, Florida 33883-2276; telephone: 813-299-4770, or FAX: 813-299-
5169; or Gary D. Rasmussen, Marketing Specialist, Marketing Order
Administration Branch, Fruit and Vegetable Division, AMS, USDA, P.O.
Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: 202-720-
5331, or FAX: 202-720-5698.
SUPPLEMENTARY INFORMATION: This interim final rule is issued under
Marketing Agreement and Order No. 915 (7 CFR part 915) regulating the
handling of avocados grown in South Florida, hereinafter referred to as
the order. This order is effective under the Agricultural Marketing
Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter
referred to as the Act.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This interim final rule has been reviewed under Executive Order
12778, Civil Justice Reform. This rule is not intended to have
retroactive effect. This rule will not preempt any state or local laws,
regulations, or policies, unless they present an irreconcilable
conflict with this rule.
The Act provides that administrative proceedings must be exhausted
before parties may file suit in court. Under section 8c(15)(A) of the
Act, any handler subject to an order may file with the Secretary a
petition stating that the order, any provision of the order, or any
obligation imposed in connection with the order is not in accordance
with law and requesting a modification of the order or to be exempted
therefrom. A handler is afforded the opportunity for a hearing on the
petition. After the hearing, the Secretary would rule on the petition.
The Act provides that the district court of the United States in any
district in which the handler is an inhabitant, or has his or her
principal place of business, has jurisdiction in equity to review the
Secretary's ruling on the petition, provided a bill in equity is filed
not later than 20 days after the date of the entry of the ruling.
Pursuant to the requirements set forth in the Regulatory
Flexibility Act (RFA), the Administrator of the Agricultural Marketing
Service (AMS) has considered the economic impact of this action on
small entities.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility.
There are about 65 avocado handlers subject to regulation under the
order covering avocados grown in South Florida, and about 95 avocado
producers in South Florida. Small agricultural service firms are
defined by the Small Business Administration (13 CFR 121.601) as those
having annual receipts of less than $3,500,000, and small agricultural
producers have been defined as those having annual receipts of less
than $500,000. The majority of these handlers and producers may be
classified as small entities.
The Avocado Administrative Committee (committee) met February 16,
1994, and recommended that the suspension of grade requirements be
extended. The committee meets prior to and during each season to review
the rules and regulations effective on a continuous basis for avocados
regulated under the order. Committee meetings are open to the public,
and interested persons may express their views at these meetings. The
Department reviews committee recommendations and information, as well
as information from other sources, and determines whether modification,
suspension, or termination of the rules and regulations would tend to
effectuate the declared policy of the Act.
Section 915.306 (7 CFR 915.306) of the order specifies grade, pack,
and container marking regulations for fresh shipments of avocados grown
in Florida. This section was amended by an interim final rule published
at 58 FR 7972 on February 11, 1993, and finalized at 58 FR 34683 on
June 29, 1993. The final rule suspended grade requirements for avocados
shipped to destinations within the production area in Florida in
containers other than those authorized under Sec. 915.305, during the
period February 11, 1993, through March 31, 1994.
This rule amends Sec. 915.306 by adding a new paragraph (a)(7) to
extend the suspension of grade requirements for avocados shipped to
destinations within the production area in Florida in containers other
than those authorized under Sec. 915.305, during the period April 1,
1994, through March 31, 1995.
The committee recommended that the suspension be extended for 1994-
95 season shipments, because more than normal amounts of scarring and
Cercospora spots due to wind damage and the loss of tree canopy are
expected to damage the skin of the fruit for several avocado varieties
next season. These skin blemishes affect the appearance of the
avocados, and as a result some of the fruit will not meet the minimum
grade requirement of U.S. No. 2 specified in paragraph (a)(1) of
Sec. 915.306. However, such fruit is a wholesome product marketable
within the production area.
This rule will enable Florida avocado producers and handlers to
continue selling fresh avocados in the production area, which would
otherwise be culled out during the packing process, making additional
fruit available to consumers. This rule is expected to result in
relatively small quantities of lower quality avocados being sold fresh
within the production area during the 1994-95 season.
The committee recommended that this suspension be made effective
for only the 1994-95 season, because it expects that more abundant
supplies of fresh Florida avocados with fewer skin blemishes will be
available for the fresh market by the start of the 1995-96 season.
Florida avocado production continues to recover from the devastation
caused by Hurricane Andrew in August 1992, but production expected for
the 1994-95 season is still well below the levels reached prior to the
hurricane.
This rule does not apply to fresh Florida avocados shipped to
destinations outside the production area and to avocados shipped to any
destination in those containers specified in Sec. 915.305. A minimum
grade requirement of U.S. No. 2 continues to apply to such shipments.
Also, this rule does not change any current maturity, container, pack,
and inspection requirements effective under the order for fresh Florida
avocado shipments.
Avocados imported into the United States must grade at least U.S.
No. 2, as provided in Sec. 944.28 (7 CFR 944.28). Since this rule does
not change the minimum grade requirement of U.S. No. 2 specified in
Sec. 915.306 for avocados handled to points outside the production
area, there is no need to change the avocado import regulation. Section
8e of the Act (7 U.S.C. 608e-1) requires that whenever specified
commodities, including avocados, are regulated under a Federal
marketing order, imports of that commodity into the United States must
meet the same or comparable grade, size, quality, or maturity
requirements as those in effect for the domestically produced
commodity.
This rule reflects the committee's and the Department's appraisal
of the need to extend the suspension of grade requirements for certain
Florida avocados shipped during the 1994-95 season. The Department's
view is that this rule will have a beneficial impact on producers and
handlers since it will permit avocado handlers to make additional
supplies of fruit available to meet consumer needs consistent with
expected crop and market conditions.
Based on the above, the Administrator of the AMS has determined
that this rule will not have a significant economic impact on a
substantial number of small entities.
After consideration of all relevant matter presented, the
information and recommendations submitted by the committee, and other
information, it is found that the extension of the suspension set forth
below will tend to effectuate the declared policy of the Act.
Pursuant to 5 U.S.C. 553, it is also found and determined, upon
good cause, that it is impracticable, unnecessary and contrary to the
public interest to give preliminary notice prior to putting this rule
into effect, and that good cause exists for not postponing the
effective date of this rule until 30 days after publication in the
Federal Register because: (1) This rule suspends grade requirements for
certain avocados grown in Florida; (2) Florida avocado handlers are
aware of this suspension which was recommended by the committee at a
public meeting, and they will need no additional time to comply with
this suspension; (3) this rule needs to be made effective by April 1,
1994, to be of maximum benefit to the Florida avocado industry; and (4)
the rule provides a 30-day comment period, and any comments received
will be considered prior to any finalization of this interim final
rule.
List of Subjects in 7 CFR Part 915
Avocados, Marketing agreements, Reporting and recordkeeping
requirements.
For the reasons set forth in the preamble, 7 CFR part 915 is
amended as follows:
PART 915--AVOCADOS GROWN IN SOUTH FLORIDA
1. The authority citation for 7 CFR part 915 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 915.306 is amended by revising paragraph (a)(7) to read
as follows:
Note: This section will appear in the annual Code of Federal
Regulations.
Sec. 915.306 Florida avocado grade, pack, and container marking
regulation.
(a) * * *
(7) Notwithstanding the provisions in this section, such avocados
may be handled during the period April 1, 1994, through March 31, 1995,
not subject to the grade requirements specified in paragraph (a)(1) of
this section when they are shipped in containers other than those
authorized under Sec. 915.305 to destinations within the production
area.
* * * *
Dated: March 25, 1994.
Robert C. Keeney,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-7693 Filed 3-31-94; 8:45 am]
BILLING CODE 3410-02-P