This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

54740 

Vol. 73, No. 185 

Tuesday, September 23, 2008 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 915 

[Docket No. AMS–FV–08–0022; FV08–915– 

1 PR] 

Avocados Grown in South Florida; 

Revisions to Grade and Container 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This rule invites comments 

on changes to the grade and container 

requirements currently prescribed under 

the marketing order for avocados grown 

in South Florida (order). The order 

regulates the handling of avocados 

grown in South Florida and is 

administered locally by the Avocado 

Administrative Committee (Committee). 

This change would establish a 

minimum grade of a U.S. No. 2 for 

shipments within the production area, 

requiring these shipments to meet the 

same grade as currently prescribed for 

shipments leaving the production area. 

This rule would also make changes to 

the container and container marking 

requirements under the order. These 

changes would provide a grade and 

pack to meet consumer demand and 

would improve the identification and 

traceability of avocado shipments. 

DATES: Comments must be received by 

October 8, 2008. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposal. Comments 

must be sent to the Docket Clerk, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Fax: (202) 720–8938; or 

Internet: http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register and 

will be made available for public 

inspection in the Office of the Docket 

Clerk during regular business hours, or 

can be viewed at: http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

William G. Pimental, Marketing 

Specialist, or Christian D. Nissen, 

Regional Manager, Southeast Marketing 

Field Office, Marketing Order 

Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA; 

Telephone: (863) 324–3375, Fax: (863) 

325–8793 or E-mail: 

William.Pimental@usda.gov or 

Christian.Nissen@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This 

proposal is issued under Marketing 

Order No. 915, as amended (7 CFR part 

915), regulating the handling of 

avocados grown in South Florida, 

hereinafter referred to as the ‘‘order.’’ 

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 Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 

This proposal has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule is not intended 

to have retroactive effect. This proposal 

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 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. A 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 

not later than 20 days after the date of 

the entry of the ruling. 

This proposal invites comments on 

changes to the grade and container 

requirements currently prescribed under 

the order. This rule would establish a 

minimum grade of a U.S. No. 2 for 

shipments within the production area, 

requiring these shipments to meet the 

same grade as currently prescribed for 

shipments leaving the production area. 

This rule would also make changes to 

the container and container marking 

requirements established under the 

order. These changes would provide a 

grade and pack to meet consumer 

demand and would improve the 

identification and traceability of 

avocado shipments. These changes were 

unanimously recommended by the 

Committee during a number of meetings 

over the past several months. 

Section 915.51 of the order provides, 

in part, the authority to issue 

regulations establishing specific grade 

and container requirements for 

avocados. Section 915.52 of the order 

provides the authority for the 

modification, suspension or termination 

of established regulations. The requisite 

grade and container requirements are 

specified under §§ 915.305 and 915.306. 

These sections specify, in part, the 

grade, container, and container marking 

requirements for fresh shipments of 

avocados grown in South Florida. 

Standard containers refer to those 

containers specifically authorized in 

§ 915.305(a), which can be used for 

shipments both inside and outside of 

the production area. Nonstandard 

containers refer to containers other than 

those authorized in § 915.305(a), and 

can only be used when shipping 

avocados within the production area. 

This rule would make several changes 

to the grade and container provisions 

established under the order. This rule 

would establish a minimum grade of a 

U.S. No. 2 for all avocados sold within 

the production area. It would also 

require that all nonstandard containers 

used for shipments within the 

production area be one bushel in size 

and that these containers be marked 

with the registered handler number or 

the name and address of the handler. 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Proposed Rules 54741 

This rule would also require that all 

avocados sold be packed in new 

containers and that the containers be 

marked with the grade packed. 

The first change would establish a 

minimum grade of a U.S. No. 2 for all 

avocados sold within the production 

area. Currently, only avocados handled 

in standard containers must meet the 

grade requirement of a U.S. No. 2. 

Avocados sold within the production 

area in nonstandard containers are not 

required to meet a minimum grade. This 

rule would modify § 915.306 so that all 

avocados sold to the fresh market in the 

production area, regardless of what type 

of container, must meet the minimum 

grade requirement of a U.S. No. 2. 

In 1992, Hurricane Andrew decimated 

the Florida avocado production area 

leaving both avocados and containers in 

short supply. The industry 

recommended that the grade 

requirement be suspended for avocados 

sold within the production area in 

containers other than the standard 

containers defined in § 915.305. This 

change made more fruit available for 

shipment and allowed handlers to pack 

fruit in any obtainable container for 

shipment within the production area. 

The industry has since recovered from 

the devastation caused by the hurricane. 

Production for the 2007–08 season was 

approximately 1.1 million bushels of 

avocados, nearly matching the level of 

production prior to Hurricane Andrew. 

However, since the grade change made 

following the hurricane, avocados 

shipped within the production area in 

nonstandard containers have not had to 

meet any specific grade requirements. 

At the time of Hurricane Andrew, 

avocado shipments to production area 

markets accounted for around 12 

percent of total shipments. Since that 

time, shipments to the production area 

have nearly doubled. For the last five 

seasons, shipments to the production 

area have accounted for around 23 

percent of total shipments, making the 

production area one of the largest 

markets for Florida avocados. 

In discussing this issue, Committee 

members stated that the absence of a 

grade requirement has resulted in poor 

quality avocados being offered for sale 

inside the production area. The past few 

seasons, the Committee office and 

members of the industry have been 

receiving an increasing number of 

negative comments regarding the quality 

of fruit sold in the production area. 

These comments indicate there is an 

increasing demand for higher quality 

fruit within the production area. 

Production area produce buyers and 

brokers are looking for higher quality 

fruit to meet the demands of production 

area consumers. However, buyers have 

expressed that without a minimum 

grade requirement it is difficult to know 

the quality of the avocados being 

purchased. The level of quality received 

varies between good and poor quality. 

In an effort to address this issue, several 

handlers have already begun packing to 

meet a U.S. No. 2 for all their 

production area shipments. Still, absent 

a minimum grade requirement, 

avocados that would not meet a U.S. No. 

2 are still making it to production area 

fresh market channels. 

The Committee believes these poor 

quality avocados have depressed prices 

for better quality avocados and resulted 

in lower overall returns to producers. 

Poor quality fruit normally returns the 

lowest price when compared to quality 

fruit. Because there is no minimum 

grade requirement for nonstandard 

containers, buyers are often unsure of 

the level of quality they are purchasing. 

This tends to drive the price offered 

towards the lowest level for all 

avocados. Further, when a consumer 

purchases a poor piece of fruit, it can 

affect repurchases, reducing demand. 

Reduced demand also has a negative 

effect on price. 

The Committee believes eliminating 

lower grade avocados from the 

marketplace would address consumer 

demand, and would help ensure the 

industry is providing all their customers 

with a quality product. This would 

encourage repeat purchases, which 

would help increase returns to 

producers and handlers. The Committee 

agreed this change would strengthen 

market conditions for shipments within 

the production area. Therefore, the 

Committee recommended establishing a 

minimum grade of a U.S. No. 2 for all 

avocados sold to markets within the 

production area. 

This rule would also make changes to 

the container marking requirements 

established under the order. Currently, 

the only container marking requirement 

for nonstandard containers is that the 

containers be marked with a Federal 

State Inspection Service (FSIS) lot 

stamp number, which is applied to an 

adhesive tape seal affixed to the 

container. While the lot stamp indicates 

the date the product was inspected, it 

does not provide any information that 

would identify the handler. Some 

handlers pay to have the adhesive tape 

seal preprinted with their registered 

handler number, and this number can 

be used to identify the handler. 

However, this is not the case for all 

handlers. 

The Committee is concerned that the 

use of containers with no identifying 

markings poses problems with the 

positive identification and traceability 

of avocados. Such containers are almost 

impossible to trace back to the original 

handler. In cases such as marketing 

order compliance, it is important to be 

able to identify the source of avocados 

which are found to be in violation of 

order requirements. Committee 

members agreed that the ability to 

positively identify product and trace its 

origin is a necessity in today’s 

marketplace. Proper handler 

identification on a container is an 

important part of this traceability. 

In discussing this issue, the 

Committee agreed that an adhesive tape 

seal that is pre-printed with the 

registered handler number is sufficient 

to indicate the identity of the handler 

and to provide trace back. In cases 

where the tape seal is not printed with 

a registered handler number, the 

Committee concurred that the name and 

address of the handler should appear on 

the container. The Committee believes 

requiring all containers handled within 

the production area to be marked with 

a registered handler number or the name 

and address of the handler would 

improve the identification and 

traceability of Florida avocados. 

The Committee also recommended 

that all nonstandard containers be 

marked with the grade packed. 

Currently, only standard containers are 

required to be marked with the grade 

and only from the first Monday after 

July 15 until the first Monday after 

January 1. In its discussion of this 

change, the Committee agreed that for 

nonstandard containers the grade 

should be marked in letters at least 3 

inches in height, rather than match the 

1-inch requirement for standard 

containers. Nonstandard containers tend 

to be oversized, and as such, Committee 

members believe the grade markings 

need to be in larger letters, which would 

be more in scale with the larger 

containers. Also, in the production area, 

avocados are often displayed in the 

container in which they were packed. 

Having recommended that all avocados 

packed be required to meet a U.S. No. 

2 to address the concerns of their 

customers, Committee members thought 

it was important that the grade be 

clearly displayed on the container. 

Further, the Committee also agreed it 

was important to have the grade marked 

on all containers throughout the season. 

Therefore, the Committee recommended 

that the language in the rules and 

regulations stating that the grade only 

needs to appear on standard containers 

from the first Monday after July 15 until 

the first Monday after January 1 be 

removed, and that the grade packed be 

required to appear on all standard and 


jlentini on PROD1PC65 with PROPOSALS
54742 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Proposed Rules 

nonstandard containers for the entire 

shipping season. 

This rule would also make two 

changes to the container requirements 

specified under § 915.305. Currently, 

there are no specific container 

requirements for weight and dimension 

for nonstandard containers, except that 

handlers are prohibited from using 20 

bushel plastic field bins to ship 

avocados to markets inside the 

production area. As such, many 

different containers have been used for 

shipments within the production area. 

However, the vast majority of 

nonstandard containers used in the 

production area are new one bushel 

containers or used one bushel 

containers that were previously packed 

with bananas. 

The use of used banana boxes for 

shipping avocados within the 

production area increased dramatically 

following Hurricane Andrew, when 

containers were in short supply. Now, 

with many of the avocados sold in the 

production area displayed in the 

container in which they were packed, 

the Committee is concerned that the 

practice of packing in used containers 

has had a negative effect on the sale of 

production area avocados. These 

containers often have marks and stains 

from their previous use, and can be in 

poor condition. The Committee is 

concerned that the condition of the 

boxes is affecting the perception of the 

avocados packed inside. 

With production area shipments 

accounting for 23 percent of total 

shipments, the Committee believes it is 

important to provide production area 

markets with a quality pack. The 

Committee believes requiring avocados 

to be packed in new containers would 

be more sanitary, would improve the 

appearance of the overall pack, and 

could increase sales. Consequently, the 

Committee recommended that all 

containers used to pack avocados be 

required to be new. 

The other container change the 

Committee recommended was that all 

nonstandard containers be required to 

be one bushel containers. Most 

nonstandard containers in use are used 

banana boxes or new containers with 

dimensions similar to banana boxes. 

These containers hold approximately 

one bushel of avocados, which the 

industry has found to be a useful size 

for shipments within the production 

area. Rather than permitting the use of 

any size container within the 

production area, the Committee believes 

requiring the use of a one bushel 

container would provide some 

additional uniformity to the pack. 

With many handlers already utilizing 

the one bushel container for production 

area shipments, this sized container is 

readily available throughout the 

production area. Also, because all 

containers to be used would be required 

to be new, and handlers would be 

purchasing containers, the Committee 

believes this is a good time to establish 

requirements for nonstandard 

containers. Requiring all nonstandard 

containers to be one bushel would 

provide for a uniform pack that is 

attractive to the consumer. Therefore, 

the Committee recommended that one 

bushel containers be used for all 

shipments within the production area. 

These changes to the grade and 

container requirements would improve 

the overall quality and pack, which 

would meet the demands of production 

area customers. Responding to market 

preferences is expected to benefit 

producers and handlers of Florida 

avocados. Further, requiring container 

marking requirements would improve 

the identification and traceability of 

production area avocados. 

Consequently, the Committee 

recommended the above changes to the 

rules and regulations under the order. 

This rule would also make a minor 

correction to § 915.306 (a)(1). This 

change would remove language which 

only pertains to the period November 2, 

1992, through March 31, 1993. This 

language is obsolete, and as such is no 

longer necessary. 

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. 

This rule would not change the 

minimum grade of a U.S. No. 2 

established for avocados shipped 

outside the production area or the 

maturity requirements established 

under the order. This rule would just 

require all avocados shipped within the 

production area to meet the same 

minimum grade of a U.S. No. 2, and 

would change the container 

requirements under the domestic 

handling regulation. Consequently, no 

corresponding changes to the import 

regulations would be required. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA), the 

Agricultural Marketing Service (AMS) 

has considered the economic impact of 

this action on small entities. 

Accordingly, AMS has prepared this 

initial regulatory flexibility analysis. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

business subject to such actions in order 

that small businesses will not be unduly 

or disproportionately burdened. 

Marketing orders issued pursuant to the 

Act, and rules issued thereunder, are 

unique in that they are brought about 

through group action of essentially 

small entities acting on their own 

behalf. 

There are approximately 35 handlers 

of Florida avocados subject to regulation 

under the order and approximately 300 

producers of avocados in the production 

area. Small agricultural service firms, 

which include avocado handlers, are 

defined by the Small Business 

Administration (SBA) as those whose 

annual receipts are less than $6,500,000, 

and small agricultural producers are 

defined as those having annual receipts 

of less than $750,000 (13 CFR 121.201). 

According to Committee data, the 

average price for Florida avocados 

during the 2007–08 season was around 

$12.00 per 55-pound bushel container, 

and total shipments were near 1.1 

million 55-pound bushels. Using the 

average price and shipment information 

provided by the Committee, the majority 

of avocado handlers could be 

considered small businesses under 

SBA’s definition. In addition, based on 

avocado production, producer prices, 

and the total number of Florida avocado 

producers, the average annual producer 

revenue is less than $750,000. 

Consequently, the majority of avocado 

handlers and producers may be 

classified as small entities. 

This proposal would revise the grade 

and container requirements currently 

prescribed under the order. This rule 

would establish a minimum grade of a 

U.S. No. 2 for shipments within the 

production area, requiring these 

shipments to meet the same grade as 

currently prescribed for shipments 

leaving the production area. It would 

also require that all nonstandard 

containers used for shipments within 

the production area one bushel in size 

and that these containers be marked 

with the registered handler number or 

the name and address of the handler. 

This rule would also require that all 

avocados sold be packed in new 

containers and that the containers be 

marked with the grade packed. These 

changes would provide a grade and 

pack to meet consumer demand, which 

would increase producer returns. This 

rule would also improve the 

identification and traceability of 

production area avocados. This rule 

would revise §§ 915.305 and 915.306, 

which specify the requisite grade and 

container requirements. Authority for 


jlentini on PROD1PC65 with PROPOSALS
Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Proposed Rules 54743 

these actions is provided in §§ 915.51 

and 915.52 of the order. These changes 

were unanimously recommended by the 

Committee during a number of meetings 

over the past several months. 

This rule could result in some 

additional costs. These potential costs 

would stem primarily from the 

application of the minimum grade to 

nonstandard containers, the new 

container marking requirements, and 

the requirement that all containers 

packed be new containers. 

The grade requirement for 

nonstandard containers could result in 

the loss of some sales, as handlers 

would no longer be able to sell fruit not 

meeting a U.S. No. 2 inside the 

production area. However, these losses 

are expected to be minimal. Several 

handlers have already started packing 

their nonstandard containers to meet a 

U.S. No. 2 in response to consumer 

demand. Further, the volume of fruit 

failing to meet a U.S. No. 2 represents 

only a small percentage of production 

area shipments. The Committee 

estimates lower grade avocados account 

for only around 6 percent of production 

area shipments. Last year, the industry 

shipped nearly 264,000 55-pound 

containers to production area markets. 

Using these numbers, lower grade 

avocados accounted for only 15,840 of 

the containers shipped to the 

production area last year, or 1 percent 

of total industry shipments. 

Consequently, this rule is not expected 

to appreciably impact the total number 

of shipments. 

Further, the grade change is not 

expected to result in perceptibly higher 

inspection costs. Currently, all avocados 

shipped in the production area must 

meet maturity requirements regardless 

of the container in which they are 

packed. Consequently, all avocados are 

already inspected, so any increase in 

inspection costs would be minimal. 

The costs associated with the 

recommended changes in marking 

requirements are also expected to be 

nominal. Larger operations use 

automated stamping, and already print 

necessary information on standard 

containers. A small reconfiguration 

would allow them to meet this 

requirement. Some operations order 

their containers preprinted with the 

needed information. As this rule would 

require the use of new containers, 

handlers would be purchasing 

containers. The added cost of the 

additional marking requirements for 

preprinted containers should be minor. 

Smaller operations stamp the containers 

by hand. These operations would be 

able to meet the new requirements with 

a one-time purchase of a grade stamp 

and a name and address stamp. 

This rule could also result in a slight 

increase in cost for handlers that were 

using used containers. However, 

Committee members stated that plain, 

one bushel containers are readily 

available on the market at reasonable 

prices. Also, dealers collect and sell the 

used containers, so used containers are 

not cost free. Further, the available 

quantities of used containers are not 

sufficient to handle all production area 

shipments, so many new nonstandard 

containers are already being purchased. 

Consequently, the cost associated with 

this change should also be minimal. 

While this rule could result in some 

additional costs, the proposed changes 

are expected to have a positive effect in 

the marketplace. The production area is 

an important market for the industry, 

accounting for nearly 23 percent of 

shipments for the last five seasons. The 

availability of poor quality avocados has 

had a price depressing effect on the 

market. Without change, there could be 

a continued erosion of market 

confidence and producer returns. 

Requiring nonstandard containers to 

meet the minimum grade of a U.S. No. 

2 would address consumer demand and 

help protect the production area market 

from the price depressing effects of poor 

quality avocados. In addition, requiring 

all production area avocados to be 

packed in new containers clearly 

marked with the grade packed would 

also improve the overall avocado pack 

sold in the production area. These new 

requirements would allow handlers to 

respond to market preferences which is 

expected to benefit producers and 

handlers of Florida avocados. 

Consumers would also benefit as a 

result of the higher quality pack 

available in the marketplace. This rule 

would also provide improved 

traceability and identification of Florida 

avocados. Consequently, the benefits of 

this rule would outweigh the potential 

costs associated with these changes. The 

costs and benefits of this rule are not 

expected to be disproportionately 

different for small or large entities. 

The Committee discussed alternatives 

to these proposed changes. One 

alternative considered was to not make 

any changes to the rules and 

regulations. However, the Committee 

agreed making these changes would 

make the industry more responsive to 

consumer demand. It would also 

provide for better identification and 

traceability of production area avocados. 

Therefore, this alternative was rejected. 

The Committee also considered the 

alternative of requiring the grade to be 

stamped on nonstandard containers in 

letters and numbers at least 1 inch in 

height as is required for standard 

containers. However, with nonstandard 

containers being larger in size and with 

production area avocados sold in the 

container, the Committee determined 

that the grade should be clearly visible, 

and that 1 inch was not large enough. 

Therefore, this alternative was also 

rejected. 

This proposed rule would revise the 

grade and container requirements 

currently prescribed under the avocado 

marketing order. Accordingly, this 

action would 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. 

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. 

USDA has not identified any relevant 

Federal rules that duplicate, overlap or 

conflict with this proposed rule. In 

addition, the Committee’s meetings 

were widely publicized throughout the 

avocado industry and all interested 

persons were invited to attend the 

meetings and participate in Committee 

deliberations on all issues. Like all 

Committee meetings, the August 8, 

2007, September 9, 2007, January 9, 

2008, and February 13, 2008, meetings 

were public meetings and all entities, 

both large and small, were able to 

express views on these issues. Finally, 

interested persons are invited to submit 

comments on this proposed rule, 

including the regulatory and 

informational impacts of this action on 

small businesses. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetchTemplateData.do?

template=TemplateN&page=Marketing

OrdersSmallBusinessGuide. Any 

questions about the compliance guide 

should be sent to Jay Guerber at the 

previously mentioned address in the 

FOR FURTHER INFORMATION CONTACT

section. 

A 15-day comment period is provided 

to allow interested persons to respond 

to this proposal. Fifteen days is deemed 

appropriate because this rule would 

need to be in place as soon as possible 

since handlers began shipping avocados 

from the 2008–09 crop starting in June. 


jlentini on PROD1PC65 with PROPOSALS
54744 Federal Register / Vol. 73, No. 185 / Tuesday, September 23, 2008 / Proposed Rules 

The Committee unanimously 

recommended these changes at various 

public meetings and interested parties 

had an opportunity to provide input. 

Also, Florida avocado producers and 

handlers are aware of these changes. All 

written comments timely received will 

be considered before a final 

determination is made on this matter. 

List of Subjects in 7 CFR Part 915 

Avocados, Reporting and 

recordkeeping requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 915 is proposed to 

be 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. Two new paragraphs (d) and (e) are 

added to § 915.305 to read as follows: 

§ 915.305 Florida Avocado Container 

Regulation 5. 

* * * * * 

(d) Avocados handled for the fresh 

market in containers other than those 

authorized under § 915.305(a) and 

shipped to destinations within the 

production area must be packed in 1- 

bushel containers. 

(e) All containers in which the 

avocados are packed must be new, and 

clean in appearance, without marks, 

stains, or other evidence of previous 

use. 

2. In § 915.306, paragraphs (a)(1), 

(a)(6) and (a)(7) are revised to read as 

follows: 

§ 915.306 Florida avocado grade, pack, 

and container marking regulation. 

(a) * * * 

(1) Such avocados grade at least U.S. 

No. 2, except that avocados handled to 

destinations within the production area 

may be placed in containers with 

avocados of dissimilar varietal 

characteristics. 

* * * * * 

(6) Such avocados when handled in 

containers authorized under § 915.305, 

except for those to export destinations, 

are marked once with the grade of fruit 

in letters and numbers at least 1 inch in 

height on the top or one side of the 

container, not to include the bottom. 

(7) Such avocados when handled in 

containers other than those authorized 

under § 915.305(a) for shipment to 

destinations within the production area 

are marked once with the grade of fruit 

in letters and numbers at least 3 inches 

in height on the top or one side of the 

container, not to include the bottom. 

Each such container is also to be marked 

at least once with either the registered 

handler number assigned to the handler 

at the time of certification as a registered 

handler or with the name and address 

of the handler. 

* * * * * 

Dated: September 17, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–22147 Filed 9–22–08; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 50 

[Docket No. PRM–50–83; NRC–2007–0012] 

David Lochbaum on Behalf of the 

Project on Government Oversight and 

the Union of Concerned Scientists 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; denial. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) is denying a petition 

for rulemaking submitted by Mr. David 

Lochbaum on behalf of the Project on 

Government Oversight (POGO) and the 

Union of Concerned Scientists (UCS) on 

February 23, 2007. The petitioner 

requested that the NRC amend its 

regulations governing domestic 

licensing of production and utilization 

facilities to require periodic 

demonstrations by applicable local, 

State, and Federal entities to ensure that 

nuclear power plants can be adequately 

protected against radiological sabotage 

by adversaries with capabilities that 

exceed those posed by the design basis 

threat (DBT). 

DATES: The docket for the petition for 

rulemaking PRM–50–83 is closed on 

September 23, 2008. 

ADDRESSES: You can access publicly 

available documents related to this 

petition for rulemaking using the 

following methods: 

Federal e-Rulemaking Portal: Further 

NRC action on the issues raised by this 

petition will be accessible at the Federal 

e-rulemaking portal, http:// 

www.regulations.gov, by searching on 

rulemaking docket ID: NRC–2007–0012. 

The NRC also tracks all rulemaking 

actions in the ‘‘NRC Regulatory Agenda: 

Semiannual Report (NUREG–0936).’’ 

NRC’s Public Document Room (PDR): 

The public may examine, and have 

copied for a fee, publicly available 

documents at the NRC’s PDR, Public 

File Area O–1 F21, One White Flint 

North, 11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 

Reading Room at http://www.nrc.gov/ 

reading-rm/adams.html. From this page, 

the public can gain entry into ADAMS, 

which provides text and image files of 

NRC’s public documents. If you do not 

have access to ADAMS or if there are 

any problems in accessing the 

documents located in ADAMS, contact 

the NRC PDR reference staff at 1–800– 

387–4209 or 301–415–4737, or by e-mail 

to PDR.resource@nrc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Harry S. Tovmassian, Office of Nuclear 

Reactor Regulation, NRC, Washington, 

DC 20555–0001, telephone 301–415– 

3092, e-mail 

Harry.Tovmassian@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

The Petition 

On February 23, 2007, the NRC 

received a petition for rulemaking from 

Mr. David Lochbaum on behalf of POGO 

and UCS (PRM–50–83). The petitioner 

requested that the NRC amend its 

regulations in Title 10 of the Code of 

Federal Regulations, Part 50, ‘‘Domestic 

Licensing of Production and Utilization 

Facilities’’ (10 CFR Part 50), to add an 

appendix (or comparable regulation), 

similar to existing Appendix E to 10 

CFR Part 50, ‘‘Emergency Planning and 

Preparedness for Production and 

Utilization Facilities,’’ which would 

require periodic demonstrations by 

local, State, and Federal entities to 

ensure that nuclear power plants can be 

adequately protected against 

radiological sabotage by adversaries 

with capabilities that exceed those in 

the DBT. In the Federal Register of 

March 29, 2007 (72 FR 14713), the NRC 

published a notice of receipt of the 

petition for rulemaking and requested 

public comment. 

In support of the request for this 

proposed amendment to the NRC’s 

regulations, the petitioner cites the 

recent DBT final rule (72 FR 12705; 

March 19, 2007) which states that the 

DBT rule reflects the Commission’s 

determination of the most likely 

composite set of adversary features 

against which a private security force 

should reasonably be required to 

defend. The petitioner states that the 

final DBT rule requires plant owners to 

demonstrate periodically that they can 

meet their responsibilities to adequately 

protect nuclear power plants from 

sabotage threats up to and including the 


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