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[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8139-8143]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03110]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / 
Rules and Regulations

[[Page 8139]]

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 915 and 944

[Doc. No. AMS-SC-20-0082; SC20-915-2 FR]

Avocados Grown in South Florida and Imported Avocados; Change in 
Maturity Requirements

AGENCY: Agricultural Marketing Service, Department of Agriculture 
(USDA).

ACTION: Final rule.

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SUMMARY: This rule changes the maturity requirements currently 
prescribed under the Florida avocado marketing order. The marketing 
order regulates the handling of avocados grown in South Florida and is 
administered locally by the Avocado Administrative Committee 
(Committee). This change establishes beginning and end dates for the 
annual maturity shipping schedule. A corresponding change will be made 
to the avocado import regulation as required under section 8e of the 
Agricultural Marketing Agreement Act of 1937.

DATES: Effective March 16, 2022.

FOR FURTHER INFORMATION CONTACT: Abigail Campos, Marketing Specialist, 
or Christian D. Nissen, Regional Director, Southeast Region Branch, 
Market Development Division, Specialty Crops Program, AMS, USDA; 
Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: 
[email protected] or [email protected].
    Small businesses may request information on complying with this 
regulation by contacting Richard Lower, Marketing Development Division, 
Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 
0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, or Email: 
[email protected].

SUPPLEMENTARY INFORMATION: This action, pursuant to 5 U.S.C. 553, 
amends regulations issued to carry out a marketing order as defined in 
7 CFR 900.2(j). This 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. Part 915 
(referred to as the ``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 Committee locally 
administers the Order and is comprised of growers and handlers of 
avocados operating within the production area, and a public member.
    This rule is also issued under section 8e of the Act (7 U.S.C. 
608e-1), 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 domestically produced 
commodities.
    The Department of Agriculture (USDA) is issuing this rule in 
conformance with Executive Orders 12866 and 13563. Executive Orders 
12866 and 13563 direct agencies to assess all costs and benefits of 
available regulatory alternatives and, if regulation is necessary, to 
select regulatory approaches that maximize net benefits (including 
potential economic, environmental, public health and safety effects, 
distributive impacts, and equity). Executive Order 13563 emphasizes the 
importance of quantifying both costs and benefits, reducing costs, 
harmonizing rules, and promoting flexibility. This action falls within 
a category of regulatory actions that the Office of Management and 
Budget (OMB) exempted from Executive Order 12866 review.
    This rule has been reviewed under Executive Order 13175--
Consultation and Coordination with Indian Tribal Governments, which 
requires agencies to consider whether their rulemaking actions would 
have tribal implications. In accordance with Executive Order 13175, the 
Agricultural Marketing Service (AMS) has not identified any tribal 
implications because of this rule.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act (7 U.S.C. 608c(15)(A)), any handler subject to an order may file 
with USDA 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. Such handler is afforded the opportunity for a 
hearing on the petition. After the hearing, USDA 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 USDA's 
ruling on the petition, provided an action is filed no later than 20 
days after the date of the entry of the ruling (7 U.S.C. 608c(15)(B)).
    There are no administrative procedures that must be exhausted prior 
to any judicial challenge to the provisions of import regulations 
issued under section 8e of the Act.
    This final rule changes the maturity requirements under the Order. 
This action establishes April 16 to April 15 of the following year as 
the beginning and end dates for the annual maturity shipping schedule, 
with an exception for the requirements listed under Guatemalan 
seedling, which would run from June 9 to June 8 of the following year. 
This final rule provides clarity regarding the schedule and dates in 
effect, assists with compliance to help ensure a quality product 
reaches consumers, and reflects current industry practices. These 
changes were unanimously recommended by the Committee at its October 
14, 2020, meeting.
    Section 915.51 of the Order provides, in part, authority to 
establish maturity requirements under the Order. Section 915.52 of the 
Order provides authority for the modification, suspension, or 
termination of established regulations. Section 915.332 of the Order's 
rules and regulations establishes the maturity requirements for 
avocados grown in Florida. These requirements are specified in Table I 
of Sec.  915.332(a) and establish minimum weights and diameters to 
delineate specific shipping

[[Page 8140]]

time frames for avocados shipped under the Order. Maturity requirements 
for avocados imported into the United States are currently in effect 
under Sec.  944.31.
    The maturity regulations are designed to prevent the shipment of 
immature avocados, and include the annual shipping schedule to help 
ensure only mature fruit reaches the market. Avocado varieties mature 
at different times, and varieties can vary considerably in terms of 
size and weight. Consequently, the schedule establishes shipping dates 
and maturity requirements by variety. Varieties not specifically listed 
on the schedule are covered by the requirements for West Indian 
seedling or Guatemalan seedling. These maturity dates and requirements 
are established based on a testing procedure developed by USDA.
    The shipping schedule in Table I specifies the individual maturity 
requirements for the numerous avocado varieties shipped each season. As 
larger fruit within a variety matures earliest, the schedule makes the 
larger sized fruit available for market first followed by later dates 
to incrementally release smaller sizes for shipment as they mature. As 
such, the maturity requirements for a variety are usually divided into 
A, B, C, and D dates, which are associated with specific weights and 
sizes reflecting when a particular variety matures.
    Avocados may not be handled until the earliest date, the A date, 
specified for that variety on the shipping schedule so only the 
largest, most mature fruits are available for market for each variety 
early in its season. The final date, the D date, for each variety 
correlates to the end of its season when all fruits of that variety 
should be mature and releases all remaining sizes and weights for 
shipment.
    While the maturity schedule includes dates and maturity 
requirements for individual varieties, the regulations do not specify 
beginning and end dates for the annual maturity schedule itself. In the 
past, there was a gap in shipments in April, which created a natural 
break from one season's schedule to the next, with the first varieties 
appearing on the maturity schedule in May. This break served as the 
indicator of where the requirements of one annual schedule ended, and 
the new annual schedule began.
    Such a differentiation between schedules is important as it 
clarifies which schedule is in place, so handlers know which maturity 
requirements need to be met. Specifically, this demarcation makes it 
clear the D dates for one schedule do not stretch to the A dates of the 
new schedule. Such a delineation between schedules provides a gap 
between the D dates and the A dates for the next season. This helps to 
ensure avocados are not shipped early to take advantage of the relaxed 
maturity requirements of the D-date, which could result in the shipment 
of immature fruit, and would circumvent the requirement that avocados 
may not be handled prior to the earliest date specified by the A date 
for that variety.
    However, with the development of late-season varieties, there has 
been an increase in shipments under the Guatemalan seedling category in 
March, April, and May. Consequently, there is no longer a break in 
shipments between annual schedules, which has created an overlap from 
one annual schedule to the next. With this overlap, questions have 
arisen regarding the schedule, and when one annual schedule ends and 
another begins.
    In discussing this issue, the Committee supported establishing 
beginning and end dates for the maturity schedule to address the 
overlap, and to address questions regarding which maturity schedule and 
dates were in effect. The Committee believes doing so will provide 
clarity regarding the schedule and assist with any compliance issues 
related to the dates established.
    The Committee agreed that using an end date of April 15 for the 
shipping schedule, with an exception for avocados handled under the 
Guatemalan seedling category, would be appropriate. This date reflects 
the break in schedules the industry has used to delineate one schedule 
from the next, and it remains applicable for all listings on the 
shipping schedule apart from the Guatemalan seedling.
    For most avocados covered under the schedule, the normal harvest 
cycle, from the A date when the harvest of a particular variety begins 
to when all fruit of that variety has been picked, is around three 
months. The last A date listed on the schedule for a specific variety 
is for the Monday nearest December 12, with a D date of the following 
Monday nearest January 23. Using these dates, April 15 will provide 
more than enough time to harvest and ship those varieties listed on the 
schedule, other than Guatemalan seedling.
    While the A date for the ``Guatemalan Seedling'' appears on the 
maturity schedule in September, the listing provides the maturity 
requirements for avocados of the Guatemalan type varieties and 
seedlings, as well as hybrid varieties and seedlings, and unidentified 
seedlings not listed elsewhere in Table I. Consequently, the 
requirements for the Guatemalan seedling cover numerous varieties with 
shipments extending into March, April, and May for some of the 
varieties in this category.
    Recognizing the shipments under the Guatemalan seedling and related 
varieties and seedlings do not conform to the same seasonal schedule as 
the other varieties listed on the maturity schedule, the Committee 
considered alternative dates for the beginning and end dates for the 
maturity requirements for those varieties covered under this category. 
In discussing dates for the Guatemalan seedling, Committee members were 
concerned about establishing an end date that was beyond the proper 
maturity timeframe for this fruit, which could allow inferior fruit to 
enter the market.
    Avocados mature on the tree and start the ripening process as they 
are picked. Avocados can be held on the tree to delay shipments or to 
lengthen the harvest period. However, if they remain on the tree too 
long, they will pass their optimal maturity. This can negatively impact 
the quality of the fruit resulting in fruit that is overmature or 
overripe.
    In past seasons, the industry had been considering June 30 as an 
end date for the annual requirements for Guatemalan seedling. However, 
Committee members agreed this date was too late in the season and could 
result in poor quality fruit reaching the market, as some overripe 
avocados had appeared at the wholesale level. Committee members believe 
setting an end date earlier in the month will address the issues 
related to overmature fruit, improving the quality of avocados entering 
the market, and providing customers with a better product.
    According to information from the Committee, avocados declared as 
Guatemalan seedling have typically completed shipping before the first 
week in June. Considering the timing of shipments, and to ensure 
consumers are receiving a quality product, the Committee recommended 
establishing an end date for the Guatemalan maturity requirements of 
June 8.
    With most shipments ending before the first week in June, a June 8 
end date provides an additional week for handlers to ship any remaining 
avocados covered by the Guatemalan seedling requirements. Also, by 
having a clear end date defining where one schedule ends, and the new 
schedule becomes applicable, handlers can adjust their shipping dates 
accordingly to meet the requirements.
    As a result, the Committee recommended establishing beginning

[[Page 8141]]

and end dates for the annual maturity shipping schedule of April 16 to 
April 15 of the following year, with an exception for Guatemalan 
seedling which extends from June 9 to June 8 of the following year. The 
Committee believes establishing these dates will provide clarity 
regarding the schedule, assist with compliance to help ensure a quality 
product reaches consumers, and reflect current industry practices and 
changes in the industry. This change only impacts the maturity 
requirements under the Order and makes no change to the current grade 
requirements.
    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. Maturity 
requirements for avocados imported into the United States are currently 
in effect under Sec.  944.31. As this rule revises the maturity 
requirements for Florida avocados by establishing beginning and end 
dates for the annual maturity shipping schedule, a corresponding change 
needs to be made to the import regulations.
    Imports and importers will also benefit from these changes, which 
establish beginning and end dates for the maturity requirements. 
Clarifying the schedule and the requirements that are in place, thus 
helping ensure customers are receiving a quality product is beneficial 
for the entire industry, including imports.
    The Hass, Fuerte, Zutano, and Edranol varieties of avocados 
currently are exempt from the maturity regulations and continue to be 
exempt under this final rule. However, these varieties are not exempt 
from the import grade regulation, which is not being changed by this 
action.

Final Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601-612), 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 
businesses subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and the rules issued thereunder, are unique in 
that they are brought about through group action of essentially small 
entities acting on their own behalf.
    There are approximately 325 producers of Florida avocados in the 
production area and 25 handlers subject to regulation under the Order. 
Small agricultural producers are defined by the Small Business 
Administration (SBA) as those having annual receipts less than 
$1,000,000, and small agricultural service firms are defined as those 
whose annual receipts are less than $30,000,000 (13 CFR 121.201).
    According to the National Agricultural Statistical Service (NASS), 
the average grower price paid for Florida avocados during the 2020-21 
season was $21.97 per 55-pound bushel. Utilized production was 
equivalent to 624,364 55-pound bushels for a total value of over 
$13,718,830. Dividing the crop value by the estimated number of 
producers (325) yields an estimated average receipt per producer of 
$42,212, so the average producer would have annual receipts of less 
than $1,000,000, which is below the SBA threshold for small 
agricultural producers. Therefore, Florida avocado producers are 
considered small businesses.
    USDA Market News reported April 2021 terminal market prices for 
green skinned avocados were about $36.43 per 24-pound container. Using 
this price and the total utilization, the total 2020-21 handler crop 
value is estimated at $52.1 million. Dividing this figure by the number 
of handlers (25) yields estimated average annual handler receipts of 
$2.08 million, which is below the SBA threshold for small agricultural 
service firms.
    In 2020, the Dominican Republic, Peru, Mexico, and Colombia were 
the major countries exporting avocado varieties other than Hass to the 
United States. In 2020, shipments of these types of avocados imported 
into the United States totaled around 29,630 metric tons. Of that 
amount, 29,133 metric tons were imported from the Dominican Republic. 
Information from USDA's Global Agricultural Trade System database 
indicates the dollar value of these avocados to be approximately 
$41,385,000. There are approximately 20 importers of green skin 
avocadoes. Using the total value and the number of importers, the 
average importer would have annual receipts of less than $30 million.
    Based on these estimates, the majority of Florida avocado producers 
and handlers, and importers, may be classified as small entities.
    This rule changes the maturity requirements under the Order. This 
action establishes April 16 to April 15 of the following year as the 
beginning and end dates for the annual maturity shipping schedule, with 
an exception for Guatemalan seedling which will run from June 9 to June 
8 of the following year. This rule provides clarity regarding the 
maturity schedule and dates in effect, assists with compliance to help 
ensure a quality product reaches consumers, and reflects current 
industry practices. This rule revises Sec.  915.332. Authority for this 
change is provided in Sec. Sec.  915.51 and 915.52. This rule will also 
change Sec.  944.31 in the avocado import regulation, as is required by 
section 8e of the Act.
    This action is not expected to increase the costs associated with 
the Order's requirements or the avocado import regulation. Rather, it 
is anticipated that this action will have a beneficial impact by 
providing clarity regarding the maturity schedule and dates in effect, 
assist with compliance, and help ensure a quality product reaches 
consumers.
    This change will provide clarity as to which schedule is in place, 
so producers, handlers, and importers know which maturity requirements 
need to be met. Establishing beginning and end dates for the maturity 
requirements will clearly identify when the requirements of one annual 
schedule end, and the new annual schedule begins. Further, having a 
delineation between schedules assists with compliance by making it 
clear that the D dates for one schedule do not stretch to the A date of 
the new schedule. This will help ensure that immature avocados are not 
shipped early using the previous season's D date to circumvent the 
requirement that avocados may not be handled prior to the A date 
specified for that variety.
    For the Guatemalan seedling, establishing the beginning and end 
dates for the annual maturity requirements should help prevent 
shipments beyond the quality lifecycle of varieties covered under this 
category. This change sets a clear date by which shipments under the D 
date will end, assisting both with compliance and with fruit quality. 
Absent this change, fruit could be shipped past its proper maturity 
period, which could provide the consumer with an inferior product.
    This change will not create any additional burdens for producers, 
handlers, or importers. The April 15 end date reflects the break in 
schedules the industry has used to delineate one schedule from the 
next, and it remains applicable for all listings on the shipping 
schedule, apart from the Guatemalan seedling. The April 15 end date 
provides more than enough time to harvest and ship those varieties 
listed on the schedule.
    For those varieties covered under the Guatemalan seedling, 
Committee data

[[Page 8142]]

indicates most shipments are completed before the first week in June. 
This change provides an additional week beyond June 1 for handlers to 
ship any remaining avocados covered by the Guatemalan seedling 
requirements. Also, by establishing a clear end date, handlers can 
adjust their shipping dates accordingly to meet the new requirements. 
Establishing an end date of June 8 for maturity requirements for the 
Guatemalan seedling will provide sufficient time for avocados to ship 
under this designation, while helping prevent the shipment of 
overmature fruit.
    This final rule provides clarity regarding the maturity schedule 
and dates in effect, assists with compliance to help ensure a quality 
product reaches consumers, and reflects current industry practices. The 
benefits of this rule are expected to be equally available to all fresh 
avocado growers, handlers, and importers, regardless of their sizes of 
operations.
    One alternative to this action would be to maintain the current 
maturity requirements without establishing end dates for the maturity 
schedule. However, the Committee recognized that shipments have changed 
over the years and wanted to provide clarity regarding the maturity 
schedule. Another alternative considered was establishing an end date 
for the requirements for Guatemalan seedling of June 30. In discussing 
this date, Committee members expressed concern that this date was past 
the proper maturity for this fruit and would allow inferior fruit to 
enter the market. The Committee believes establishing the changes in 
this rule, rather than the alternatives, would assist with compliance 
and help ensure a quality product reaches consumers. Therefore, the 
Committee rejected these alternatives.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the Order's information collection requirements have been 
previously approved by the OMB and assigned OMB No. 0581-0189, Fruit 
Crops. No changes in those requirements are necessary as a result of 
this rule. Should any changes become necessary, they would be submitted 
to OMB for approval.
    This rule does 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 sector agencies. USDA has not identified any relevant 
Federal rules that duplicate, overlap, or conflict with this rule. 
Further, the public comments received concerning the proposal did not 
address the initial regulatory flexibility analysis.
    AMS is committed to complying with the E-Government Act, to promote 
the use of the internet and other information technologies to provide 
increased opportunities for citizen access to Government information 
and services, and for other purposes.
    Committee meetings were widely publicized throughout the avocado 
industry. All interested persons were invited to attend Committee 
meetings and participate in Committee deliberations on all issues. Like 
all Committee meetings, the October 14, 2020, meeting was a public 
meeting and all entities, both large and small, were able to express 
views on this issue.
    A proposed rule concerning this action was published in the Federal 
Register on August 12, 2021 (86 FR 44286). Copies of the proposed rule 
were also mailed or sent via email to all Florida avocado handlers. The 
proposal was made available through the internet by USDA and the Office 
of the Federal Register. A 60-day comment period ending October 12, 
2021, was provided for interested persons to respond to the proposal.
    During the comment period, three comments were received in response 
to the proposal. Of the comments received, one comment was in support 
of the change and two were opposed.
    The one comment in support agreed with the proposed changes and 
stated their support for the domestic industry. In addition, the 
commentor added the changes would ensure products are ripe and safe for 
consumers.
    The two comments received in opposition to the change were from 
industry representatives from the Dominican Republic. Both commentors 
stated the change would have a negative impact on avocados imported 
from the Dominican Republic by shortening the calendar and limiting 
imports. Based on a review of the comments submitted and available 
information, USDA does not believe this will shorten the calendar year 
nor have a negative impact on imported shipments based on the reasons 
discussed below.
    The end dates established are consistent with current industry 
practices and provide ample time for varieties to ship prior to the end 
dates for the schedule. As previously mentioned, most avocados subject 
to the maturity schedule are harvested within three months of the A 
date. The last A date listed on the schedule for a specific variety is 
for the Monday nearest December 12, with a D date of the following 
Monday nearest January 23. The end date of April 15 falls four months 
after the final listed A date and provides handlers sufficient time to 
harvest and ship varieties listed on the schedule.
    Regarding the end date for the Guatemalan seedling, the industry 
had been considering June 30 as an end date for the annual requirements 
for Guatemalan seedling. However, Committee members agreed this date 
was too late in the season and had resulted in overmature, poor quality 
fruit reaching the market. Setting an end date earlier in the month 
helps address the issues related to overmature fruit, improving the 
quality of avocados entering the market, and benefiting growers, 
handlers, and importers by ensuring consumers receive a quality piece 
of fruit.
    Further, the end date of June 8 is not a significant change from 
the June 30 date the industry had previously considered. Based on 
information available, most shipments of Guatemalan seedlings end 
before the first week in June, and the end date of June 8 still 
provides an additional week for handlers to ship any remaining 
avocados. While avocados can be held on the tree for a period after 
they have reached maturity, varieties covered under the Guatemalan 
seedling are mature and available for harvest and shipment before the 
established end date. Handlers and importers can adjust their 
harvesting and shipping dates to reflect the end dates for the 
schedule.
    Consequently, shipments should not be negatively impacted by 
establishing end dates for the schedule, nor does the calendar year 
shorten as a result of this rule. The end dates will also help prevent 
the shipment of overmature avocados that have been held on the tree too 
long.
    One comment also stated the change would affect the export of more 
than 150 containers per year causing an economic loss of more than $7 
million per season. Based on the other information contained in the 
comment, the statements about the volume and monetary impact stem from 
concerns regarding how the variety commonly referred to in the 
Dominican Republic as Beneke will be handled under this change. 
Importers have been declaring the Beneke variety as West Indian 
seedling, Hardee, Berni, Beni, and other names, as well as Guatemalan 
seedling during the importation process. This variety usually ships 
during the period of overlap in the schedules and can have shipments 
into July.

[[Page 8143]]

    The commentor is concerned the change to the maturity schedule 
would directly affect the imports of this variety as many importers 
have been declaring the Beneke as Guatemalan seedling at the time of 
inspection. The commentor believes this change would negatively impact 
the importation of this variety by reducing its shipment timeframe to 
that specified for the Guatemalan seedling.
    However, in the comment, the Beneke is described as a variety which 
changes color from green to dark purple. Sections 915.332 of the Order 
and 944.31 of the Avocado import maturity regulation, provide an 
exemption from the maturity regulation for varieties which normally 
change color to any shade of red or purple when mature, except for the 
Linda variety. Consequently, varieties that break in color, such as 
Beneke, are exempt from the maturity schedule. As such, this change 
will not impact the Beneke variety.
    The commentor also suggests that Beneke be adopted as the official 
name for this variety and asked that procedures be updated to assist 
with the importation of this variety. USDA is familiar with the Beneke 
variety and has been working on ways to facilitate its entry into the 
United States. USDA has requested a United Nations Standard Products 
and Services Code for the Beneke variety. Once obtained, the codes can 
be used when presenting this variety for entry into the United States. 
The importer should also identify the variety as Beneke when submitting 
the request for inspection. These steps should facilitate the 
importation of this variety and prevent unnecessary issues and delays 
during the inspection process.
    Accordingly, for the reasons discussed above, no changes will be 
made to the rule as proposed based on the comments received.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at: 
https://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any 
questions about the compliance guide should be sent to Richard Lower at 
the previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    In accordance with section 8e of the Act, the United States Trade 
Representative has concurred with the issuance of this rule.
    After consideration of all relevant material presented, including 
the information and recommendation submitted by the Committee and other 
available information, it is hereby found that this rule will tend to 
effectuate the declared policy of the Act.

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, Plums, Prunes.

    For the reasons set forth in the preamble, the Agricultural 
Marketing Service amends 7 CFR parts 915 and 944 as follows:

PART 915--AVOCADOS GROWN IN SOUTH FLORIDA

0
1. The authority citation for part 915 continues to read as follows:

    Authority: 7 U.S.C. 601-674.

0
2. Section 915.332 is amended by adding paragraph (a)(4) to read as 
follows:

Sec.  915.332  Florida avocado maturity regulation.

    (a) * * *
    (4) The requirements listed in table I of this section are in 
effect annually from April 16 through April 15 of the following year, 
with an exception for the requirements for Guatemalan seedling which 
are in effect annually from June 9 to June 8 of the following year.
* * * * *

PART 944--FRUITS; IMPORT REGULATIONS

0
3. The authority citation for part 944 continues to read as follows:

    Authority: 7 U.S.C. 601-674.

0
4. Section 944.31 is amended by adding paragraph (a)(4) to read as 
follows:

Sec.  944.31  Avocado import maturity regulation.

    (a) * * *
    (4) The requirements listed in table I of this section are in 
effect annually from April 16 through April 15 of the following year, 
with an exception for the requirements for Guatemalan seedling which 
are in effect annually from June 9 to June 8 of the following year.
* * * * *

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2022-03110 Filed 2-11-22; 8:45 am]
BILLING CODE P
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