Federal Register - June 6, 1957
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Source: Federal Register
Thursday,
FEDERAL REGISTER
J u n e 6, 1957
CODIFICATION GUIDE Con.
Title 47
Page
Chapter I ;
Part 2_______- ------------------ - 3958
Part 3 2 documents------- 3961, 3962
Proposed__rules 2
docu ments ___________________ - 3972
Part 9 ------------------------------------ 3958
Part 18 proposed------------------ . 3973
P a r t 21 proposed--------- ---------3973
California Milham Farms, Blue Moon Ranch, Lerdo Road, Buttonwillow.
This amendment shall become effec tive June 6, 1957.
This amendment in part imposes re strictions supplementing khapra beetle Quarantine regulations already effective.
It also relieves restrictions insofar as it revokes the designation of presently regulated areas, It must be made effec tive promptly in order to carry out the purposes of the regulations and to be of maximum benefit in permitting the in terstate movement, without restriction under the quarantine, of regulated prod ucts from the premises being removed from designation as regulated areas.
Accordingly, under section 4 of the A d ministrative Procedure Act 5 U. S. C.
1003, it is found upon good cause that notice and other public procedure with respect to the foregoing amendment are impracticable and contrary to the public interest, and good cause is found for making the effective date thereof less than 30 days aftgr publication in the F ederal R e g ist e r .
Sec. 9, 37 Stat. 318; 7 U. S. C. 162. Inter prets or applies sec. 8, 37 Stat. 318, as amended; 7 U. S. C. 161
Done at Washington, D. C., this 31st day of May 1957.
seal
P art 1067 A
vocados
PRO H IBITIO N S O N IM PO R TA TIO N
E. D . B u r g e s s ,
Director, Plant Pest Control Division.
F. R. Doc. 57-4581; Filed, June 5, 1957;
8:48 a. m .
Chapter IX Agricultural Marketing Service Marketing Agreements and Orders, Department of Agriculture Part 925 M i l k i n P u g e t S o u n d , W a s h ., M a r k e t in g A rea ORDER AMENDING ORDER, AS AMENDED
Correction In F e d e ra l Register Document 57-4358, Published a t page 3752 in the issue dated Wednesday, May 29, 1957, the following changes should be made :
In the tenth line of 925.0, the word affixed should read affirmed, 2sixth line of 925.51 Tb 1
ould read; as reported by the Départ a n t during
1067.4 Avocado Regulation No. 4.
a On and after the effective time of this section, the importation into the United States of any avocados is prohib ited unless:
1 During the period beginning at 12:01 a. m., e. s. t., June 10, 1957, and ending at 12:01 a. m., e. s.fc, July 1,1957, i such avocados grade at least No. 2
grade, as defined in 969.130 c 1 of the supplementing rules and regulations, as amended 21 F. R. 2409, effective.under the marketing agreement and Order No.
69 Part 969 of this chapter regulating the handling of avocados grown in South Florida, and ii the individual fruit in each lot of such avocados weighs at least 14 ounces: Provided. That not to exceed 10 percent, by count, of the individual fruit in each lot may weigh less than 14
ounces but not less than 12 ounces, and not to exceed double such tolerance per centage shall be permitted for an indi vidual container in a lot if the entire lot is within the tolerance;
2 During the period beginning at 12:01 a. m., e. s. t., July 1,1957, and end ing at 12:01 a. m e. s. t., August 26,1957, i such avocados grade at least No. 2
grade, a8 set forth in subdivision i of subparagraph 1 of this paragraph, and ii the individual fruit in each lot of such avocados Weighs at least 12 ounces:
Provided, That not to exceed 10 percent, by count of the individual fruit may weigh less than 12 ounces but not less than 10 ounces, and not to exceed double such tolerance percentage shall be per mitted for an individual container in a lot if the entire lot is within the tolerance;
3 During the period beginning at 12:01 a. m., e. s. t., August 26, 1957, and ending at 12:01 a. m., e. s. t., September 9, 1957, i such avocados grade at least:
No. 2 grade as set forth in subdivision i of subparagraph 1 of this paragraph, and ii the individual fruit in each lot of such avocados weighs at least 10
ounces: Provided, That not to exceed 10
percent, by count, of the individual fruit mayweigh less than 10 ounces but not less than 8 ounces, and not to exceed double such tolerance percentage shall be permitted for an individual container in a lot if the entire lot is within the tolerance;
4 On and after 12:01 a. m., e. s. t., September 9, 1957, such avocados grade at least No. 2 grade, as set forth in subr division i of subparagraph 1 .of this paragraph;
5 Each such importation is made in conformance with the general regula tions Part 1060 of this chapter; 19 F. R.
7707, 8012 applicable to the importation of listed commodities and the require ments o f this section; and 1 Copies of said 969.130, as amended, may be obtained by writing Mr. W iUiam B. Can trell, c/o Agricultural Attache, American Em
bassy, Havana, Cuba, or the Fruit and Veg etable Division, Agricultural Marketing Service, United States Department o f A gri culture, Washington 25, D. C.
3957
6
Notwithstanding the provisions of subparagraphs 1 ii, 2 ii, and 3
ii of this paragraph that all avocados imported must meet the specified weight requirements, any person may import any lot of avocados if i the exterior seed coat of the individual fruit is of a brown color characteristic of a mature avocado, or ii such avocados, when m a ture, normally change color to any shade of red or purple and any portion of the skin of the individual fruit has changed to the color normal for that fruit when mature.
b Inspection by the Federal or Fed eral-State Inspection Service, or such other governmental inspection service as may be designated or approved by the Administrator with appropriate evi dence thereof in the form of an official inspection certificate, issued by the re spective service, applicable to the par ticular shipment of avocados, is required on all imports of avocados pursuant to 1060.3 of the aforesaid general regula tions.
c Inspection certificates shall cover only the quantity of avocados that is be ing imported at a particular port of entry by a particular importer.
d The inspection performed, and certificates issued, by the Federal or Fed eral-State Inspection Service shall be in accordance with the rules and regula tions of the Department governing the inspection and certification of fresh fruits, vegetables, and other products Part 51 of this title. The cost of any inspection and certification shall be borne by the applicant therefor.
e Each inspection certificate issued with respect to any avocados to be im ported into the United States shall set forth, among other things:
1 The date and place of inspection;
2 The name of the shipper, or appli cant;
3 The name of the importer con signee ;
4 The commodity inspected;
5 The quantity of the commodity covered/by the certificate;
6 The principal identifying marks on the containers;
7 The railroad car initials and num ber, the truck and trailer license num ber, the name of the vessel, or other iden tification of the shipment; and 8 The following statement, if the facts warrant: Meets U. S. import re quirements under section 8e of the Agri cultural Marketing Agreement Act of 1937.
f Notwithstanding any other provi sion of this section, any importation of avocados which, in the aggregate, does not exceed 55 pounds may be imported without regard to the restrictions speci fied herein.
g It is hereby determined, on the basis of the information currently avail able, that the requirements set forth in this section are comparable to the m a turity and quality regulations 969.314
of this chapter; Avocado Order 14, 22
F. R. 3652 now in effect for avocados grown in South Florida.
h The provisions of Avocado Regu lation No. 3 1067.3: 21 F. R. 4257 are