[Federal Register Volume 59, Number 116 (Friday, June 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14742]


[[Page Unknown]]

[Federal Register: June 17, 1994]


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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV94-916-2-IFR]

 

Nectarines and Peaches Grown in California; Revision of Container 
Pack Requirements for Fresh Nectarines and Peaches

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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SUMMARY: This rule revises the pack requirements for volume-filled 
containers of nectarines and peaches grown in California shipped to the 
fresh market. This rule is designed to provide handlers with more 
flexibility in packing fresh nectarines and peaches consistent with 
established packing practices, and is needed to help the California 
nectarine and peach industries maintain the quality of fruit shipped to 
the fresh market. This rule is in the interest of producers, handlers, 
and consumers of these fruits.

DATES: Effective on June 17, 1994. Comments which are received by July 
18, 1994 will be considered prior to issuance of any final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent in triplicate to the Docket 
Clerk, Fruit and Vegetable Division, AMS, USDA, P.O. Box 96456, Room 
2523-S, Washington, DC 20090-6456; or by facsimile at 202-720-5698. 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 at the office of the Docket Clerk during regular 
business hours.

FOR FURTHER INFORMATION CONTACT: Gary D. Rasmussen, Marketing 
Specialist, Marketing Order Administration Branch, Fruit and Vegetable 
Division, AMS, USDA, P.O. Box 96456, Room 2523-S, Washington, DC 20090-
6456; telephone: (202) 720-5331; or Terry Vawter, California Marketing 
Field Office, Marketing Order Administration Branch, Fruit and 
Vegetable Division, AMS, USDA, 2202 Monterey Street, Suite 102B, 
Fresno, California, 93721; telephone: (209) 487-5901.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement and Marketing Order Nos. 916 and 917 (7 CFR parts 916 and 
917) regulating the handling of nectarines and peaches grown in 
California, hereinafter referred to as the orders. The orders are 
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 (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule 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 the Secretary 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 the Secretary 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 in equity to review the 
Secretary's ruling on the petition, provided a bill in equity is filed 
not later than 20 days after the date of the entry of the ruling.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Administrator of the Agricultural Marketing Service 
(AMS) has considered the economic impact of this action on small 
entities. 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.
    Thus, both statutes have small entity orientation and 
compatibility.
    There are about 300 California nectarine and peach handlers subject 
to regulation under the orders covering nectarines and peaches grown in 
California, and about 1,800 producers of these fruits in California. 
Small agricultural producers have been defined by the Small Business 
Administration (13 CFR 121.601) as those having annual receipts of less 
than $500,000, and small agricultural service firms are defined as 
those whose annual receipts are less than $5,000,000. A majority of 
these handlers and producers may be classified as small entities.
    The Nectarine Administrative Committee (NAC) recommended that the 
pack requirements for volume-filled containers of California nectarines 
be revised, and the Peach Commodity Committee (PCC) recommended that 
the pack requirements for volume-filled containers of California 
peaches be revised. These committees meet prior to and during each 
season to review the rules and regulations effective on a continuous 
basis for California nectarines and peaches under the orders. These 
committee meetings are open to the public, and interested persons may 
express their views at these meetings. The Department reviews committee 
recommendations and information, as well as information from other 
sources, and determines whether modification, suspension, or 
termination of the rules and regulations would tend to effectuate the 
declared policy of the Act.
    Section 916.350 (7 CFR 916.350, as amended at 59 FR 15838) 
specifies container and pack requirements for fresh nectarine 
shipments. Paragraph (a)(1) of Sec. 916.350 specifies that nectarines 
in any closed package or container, except master containers of 
consumer packages and individual consumer packages, shall be packed in 
accordance with ``standard pack''. ``Standard pack'' is defined in 
paragraph (b) of Sec. 916.350 as having the same meaning as set forth 
in the United States Standards for Grades of Nectarines (7 CFR 51.3145 
through 51.3160). Under the definition of ``standard pack'', nectarines 
packed in certain containers must be tightly packed and the containers 
must be ``well filled''. ``Well filled'' means that the container is 
properly filled, allowing no movement of its contents, and the 
container should have its contents in firm contact with the cover. This 
rule revises Sec. 916.350 by adding a new proviso to paragraph (a)(1) 
specifying that the nectarines in any such container need only be 
filled to within one inch of the top of the container. This rule also 
removes the proviso in paragraph (a)(1) of Sec. 916.350 reading ``That 
nectarines in any container shall be fairly uniform in size'', because 
such requirements are included within the definition of ``standard 
pack'' in the United States Standards for Grades of Nectarines, and 
therefore are not needed in this paragraph.
    Section 917.442 (7 CFR 917.442, as amended at 59 FR 15840) 
specifies container and pack requirements for fresh peach shipments. 
Paragraph (a)(1) of Sec. 917.442 specifies that peaches in any closed 
package or container, except master containers of consumer packages and 
individual consumer packages, shall be packed in certain containers in 
accordance with ``standard pack''. ``Standard pack'' is defined in 
paragraph (b) of Sec. 917.442 as having the same meaning as set forth 
in the United States Standards for Grades of Peaches (7 CFR 51.1210 
through 51.1223). Under the definition of ``standard pack'', peaches in 
certain containers must be tightly packed and the containers must be 
``well filled''. ``Well filled'' means that the level of the fruit must 
be slightly higher than the top edge of the container and the peaches 
are held firmly in place. This rule revises Sec. 917.442 by adding a 
new proviso to paragraph (a)(1) specifying that the peaches in any such 
container need only be filled to within one inch of the top of the 
container.
    The NAC and PCC recommended these revised pack requirements for 
fresh nectarines and peaches in volume-filled containers after a 
comprehensive review of changes in the nectarine and peach industry 
packing practices over the years, and the need to make appropriate 
changes in the pack requirements. When the pack requirements were 
established, most containers were of a place-pack or a tray-pack type, 
but at the present time substantial quantities of nectarines and 
peaches are shipped in volume-filled containers throughout the entire 
range of sizes packed. This revision will provide handlers with more 
flexibility in selecting the appropriate size container for certain 
volume-filled packs without potential bruise damage to the fruit. Under 
current packing conditions, nectarines and peaches of certain varieties 
and sizes are sometimes bruised when packed in accordance with 
``standard pack'', because the fruit extends above the top of the 
container and is damaged when the lid is attached. There are a 
combination of factors contributing to this situation, including: (1) 
Handlers must pack a specific quantity of fruit, in terms of minimum 
weight, in certain containers, and some handlers prefer to pack 
precisely this quantity in each such container; (2) the volume of fruit 
packed in a particular container varies depending on the variety and 
size of fruit for a given pack weight; (3) handlers maintain a limited 
number of different size containers in inventory; and (4) handlers pack 
most of their fruit at the well matured stage of maturity, and such 
fruit is susceptible to bruising when packed too tight. This revision 
will enable handlers to pack their nectarines and peaches with up to 
one inch space between the top of the fruit and the top of the 
container, and result in less bruising of the fruit due to excessively 
tight packs.
    This rule reflects the committees' and the Department's appraisal 
of the need to revise the pack requirements for California nectarines 
and peaches in volume-filled containers, as specified. The Department's 
determination is that this rule will have a beneficial impact on 
producers, handlers, and consumers of California nectarines and 
peaches.
    This rule revises pack requirements for fresh California nectarines 
and peaches in volume-filled containers, enabling handlers to pack such 
fruit consistent with desirable packing practices, and is needed to 
help the California nectarine and peach industries maintain the quality 
of fruit shipped to the fresh market. This rule is designed to 
establish and maintain orderly marketing conditions for these fruits in 
the interest of producers, handlers, and consumers.
    Based on the above, the Administrator of the AMS has determined 
that this rule will not have a significant economic impact on a 
substantial number of small entities.
    After consideration of all relevant matters presented, the 
information and recommendations submitted by the committees, and other 
information, it is found that the rule, as hereinafter set forth, will 
tend to effectuate the declared policy of the Act.
    Pursuant to 5 U.S.C. 553, it is also found and determined, upon 
good cause, that it is impracticable, unnecessary and contrary to the 
public interest to give preliminary notice prior to putting this rule 
into effect, and that good cause exists for not postponing the 
effective date of this rule until 30 days after publication in the 
Federal Register because: (1) Shipment of the 1994 season crop of fresh 
California nectarines and peaches is currently underway; (2) this rule 
relaxes pack requirements for both nectarines and peaches; (3) 
California nectarine and peach handlers are aware of these revised pack 
requirements recommended by the committees at public meetings, and they 
will need no additional time to comply with such requirements; and (4) 
the rule provides a 30-day comment period, and any written comments 
received will be considered prior to any finalization of this interim 
final rule.

List of Subjects

7 CFR Part 916

    Marketing agreements, Nectarines, Reporting and recordkeeping 
requirements.

7 CFR Part 917

    Marketing agreements, Peaches, Pears, Reporting and recordkeeping 
requirements.

    For the reasons set forth in the preamble, 7 CFR Parts 916 and 917 
are amended as follows:

PART 916--NECTARINES GROWN IN CALIFORNIA

    1. The authority citation for 7 CFR part 916 continues to read as 
follows:

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

    2. Section 916.350 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 916.350  California nectarine container and pack regulation.

    (a) * * *
    (1) Such nectarines when packed in any closed package or container, 
except master containers of consumer packages and individual consumer 
packages, shall conform to the requirements of standard pack: Provided, 
That nectarines in any such volume-filled container need only be filled 
to within one inch of the top of the container.
* * * * *

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

    1. The authority citation for 7 CFR Part 917 continues to read as 
follows:

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

    2. Section 917.442 is amended by revising paragraph (a)(1) to read 
as follows:


Sec. 917.442  California peach container and pack regulation.

    (a) * * *
    (1) Such peaches when packed in any closed package or container, 
except master containers of consumer packages and individual consumer 
packages, shall conform to the requirements of standard pack: Provided, 
That peaches in any such volume-filled container need only be filled to 
within one inch of the top of the container.
* * * * *
    Dated: June 9, 1994.
Eric M. Forman,
Deputy Director, Fruit and Vegetable Division.
[FR Doc. 94-14742 Filed 6-16-94; 8:45 am]
BILLING CODE 3410-02-P