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.

Rules and Regulations Federal Register

8139 

Vol. 87, No. 30 

Monday, February 14, 2022 

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. 

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: Abigail.Campos@

usda.gov or Christian.Nissen@usda.gov. 

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: 

Richard.Lower@usda.gov. 

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 § 915.332(a) and 

establish minimum weights and 

diameters to delineate specific shipping 


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time frames for avocados shipped under 

the Order. Maturity requirements for 

avocados imported into the United 

States are currently in effect under 

§ 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 


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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 § 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 § 915.332. 

Authority for this change is provided in 

§§ 915.51 and 915.52. This rule will also 

change § 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 


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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. 


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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 

■ 1. The authority citation for part 915 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 915.332 is amended by 

adding paragraph (a)(4) to read as 

follows: 

§ 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 

■ 3. The authority citation for part 944 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 4. Section 944.31 is amended by 

adding paragraph (a)(4) to read as 

follows: 

§ 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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2021–0628; Special 

Conditions No. 25–802–SC] 

Special Conditions: Dassault Aviation 

Model Falcon 6X Airplane; FlightEnvelope Protection: General Limiting 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final special conditions; request 

for comments. 

SUMMARY: These special conditions are 

issued for the Dassault Aviation 

(Dassault) Model Falcon 6X airplane. 

This airplane will have a novel or 

unusual design feature when compared 

to the state of technology envisioned in 

the airworthiness standards for 

transport category airplanes. This design 

feature is a new control architecture and 

a full digital flight control system that 

provides comprehensive flight-envelope 

protections. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: This action is effective on 

Dassault on February 14, 2022. Send 

comments on or before March 31, 2022. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2021–0628 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

https://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: Except for Confidential 

Business Information (CBI) as described 

in the following paragraph, and other 

information as described in title 14, 

Code of Federal Regulations (14 CFR) 


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