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Federal Register / Vol. 86, No. 153 / Thursday, August 12, 2021 / Proposed Rules For the Guatemalan seedling, establishing the beginning and end dates for the annual maturity requirements would help prevent shipments beyond the quality lifecycle of varieties covered under this category.
This change would set a clear date by which shipments under the D date would 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 would 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 would provide more than enough time to harvest and ship those varieties listed on the schedule.
For those varieties covered under the Guatemalan seedling, Committee data indicates most shipments are completed before the first week in June. This change would provide 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 would be able to adjust their shipping dates accordingly to meet the new requirements. Establishing an end date of June 8 for maturity requirements for the Guatemalan seedling would provide sufficient time for avocados to ship under this designation, while helping prevent the shipment of overmature fruit.
This rule would provide clarity regarding the maturity schedule and dates in effect, assist with compliance to help ensure a quality product reaches consumers, and reflect 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
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inferior fruit to enter the market. The Committee believes establishing the changes in this proposed rule, rather than the alternatives, would assist with compliance and help ensure a quality product reaches consumers. Therefore, the Committee rejected these alternatives.
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.
Interested persons are invited to submit comments on this proposed rule, including the regulatory and informational collection impacts of this action on small businesses.
In accordance with the Paperwork Reduction Act of 1995 44 U.S.C.
Chapter 35, the Orders information collection requirements have been previously approved by the OMB and assigned OMB No. 05810189, Fruit Crops. No changes in those requirements would be necessary as a result of this proposed rule. Should any changes become necessary, they would be submitted to OMB for approval.
This proposed rule 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. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule.
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.
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 proposed rule.

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A 60-day comment period is provided to allow interested persons to respond to this proposed rule. All written comments timely received will be considered before a final determination is made on this matter.
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.
For the reasons set forth in the preamble, 7 CFR parts 915 and 944 are proposed to be amended as follows:
PART 915AVOCADOS GROWN IN
SOUTH FLORIDA
1. The authority citation for part 915
continues to read as follows:

Authority: 7 U.S.C. 601674.

2. Section 915.332 is amended by adding paragraph a4 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 944FRUITS; IMPORT
REGULATIONS
3. The authority citation for part 944
continues to read as follows:

Authority: 7 U.S.C. 601674.

4. Section 944.31 is amended by adding paragraph a4 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
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