[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31387-31391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15628]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules 
and Regulations  

[[Page 31387]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV95-916-4-FIR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture is adopting as a final rule, 
with appropriate modifications, the provisions of an interim final rule 
which revised the handling requirements for California nectarines and 
peaches by modifying the grade, size, maturity, container, and pack 
requirements for fresh shipments of these fruits, beginning with 1996 
season shipments. This rule enables handlers to continue shipping fresh 
nectarines and peaches meeting consumer needs in the interest of 
producers, handlers, and consumers of these fruits.

EFFECTIVE DATE: July 22, 1996.

FOR FURTHER INFORMATION CONTACT: Terry Vawter, Marketing Specialist, 
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; or 
Kenneth Johnson, 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) 720-2861.

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 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 to review the Secretary's 
ruling on the petition, provided an action 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 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 from all sources are less than $5,000,000. 
A majority of these handlers and producers may be classified as small 
entities. In recent years, average combined sales of peaches and 
nectarines per handler have been about $600,000. Typically, about 
three-fourths of peach and nectarine handlers have sales of less than 
the average for the industry.
    The Nectarine Administrative Committee (NAC) and the Peach 
Commodity Committee (PCC) met December 7, 1995, and unanimously 
recommended that the handling requirements for California nectarines 
and peaches, respectively, 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.
    This rule finalizes an interim final rule that revised the handling 
requirements for nectarines in Sec. 916.350 California Nectarine 
Container and Pack Regulation (7 CFR 916.350), and in Sec. 916.356 
California Nectarine Grade and Size Regulation (7 CFR 916.356); as well 
as for peaches in Sec. 917.442 California Peach Container and Pack 
Regulation (7 CFR 917.442) and in Sec. 917.459 California Peach Grade 
and Size Regulation (7 CFR 917.459). The interim final rule was issued 
on March 21, 1996, and published in the Federal Register (61 FR 13386, 
March 27, 1996).
    The interim final rule provided a 30-day comment period which ended 
on April 26, 1996. One comment was received from Gary W. Van Sickle, 
Field Director for the NAC and the PCC requesting changes in the 
dimensions and display panel of the new reusable

[[Page 31388]]

and recyclable container. He noted that the size of the box was more 
accurately 12 x 19\3/4\, rather than 12 x 20. He also stated that with 
regard to some styles of the new reusable and recyclable container, the 
lid was not the only display panel upon which a label could be affixed. 
Therefore, he suggested that either the lid or the outside end would be 
appropriate for the new containers.
    Mr. Van Sickle also requested a correction in the size requirement 
for Nectarine 23, a nectarine variety recommended to be removed from 
the variety-specific size requirements and placed in the blanket size 
requirements. Mr. Van Sickle noted that since the December 7, 1995, 
meeting of the NAC, additional information had been received which 
indicated that the Nectarine 23 variety should remain in the variety-
specific requirements. The NAC, as well as the PCC, has a policy of 
recommending the deletion of varieties from the variety-specific 
requirements when shipments of the variety fall below 5,000 packages. 
After receipt of all information, it was determined that the shipments 
of the Nectarine 23 variety for the 1995 season totaled 24,104 
packages, well above the 5,000 package threshold. For that reason, the 
Nectarine 23 variety should remain in the variety-specific size 
requirements for the 1996 season.
    The Department finds that Mr. Van Sickle's suggestions are well 
founded and are incorporated within this rule.

Container and Pack Requirements (Nectarines)

    Section 916.350 specifies container and pack requirements for fresh 
nectarine shipments. Paragraph (a)(4)(iv) of Sec. 916.350 specifies the 
tray-pack size designations which must be marked on loose-filled or 
tight-filled containers, depending on the size of the fruit. The size 
designations specify the maximum number of nectarines in a 16-pound 
sample for each tray-pack size designation. This rule revises paragraph 
(a)(4)(iv) of Sec. 916.350 by modifying one size designation for the 
weight-count standards in Column B of Table 1 for early-season and mid-
season nectarine varieties and one size designation for the weight-
count standards in Column B of Table 2. Continuing research conducted 
by the NAC indicate that early-season and mid-season fruit weighs less 
than late-season fruit and the weight-count standards were, therefore, 
modified for the past two seasons based on that consideration. Results 
from the 1995 season suggest that a minor modification of Table 1 and 
Table 2 is necessary to provide more accurate weight-count standards 
for early-season and mid-season nectarines, and late-season nectarines.
    The NAC recommended these revised weight-count standards for 
nectarines after a comprehensive review of the appropriate 
relationships between the tray-pack containers and loose-filled or 
tight-filled containers for early-season and mid-season nectarine 
varieties, as well as late-season varieties. Specifically, the NAC's 
recommendation provides that the maximum number of nectarines of size 
50 in a 16-pound sample of early-season and mid-season fruit is more 
appropriately 39 rather than 38. Also the maximum number of nectarines 
of size 50 in a 16-pound sample of late-season fruit is more 
appropriately 37 rather than 36.
    Pack regulations provide for uniform packing practices. In 
particular, weight-count standards provide for equality between fruit 
packed in loose-filled or tight-filled containers and fruit packed in 
tray-pack styles.
    According to the NAC, packers occasionally moved fruit from tray-
pack styles of pack to loose-filled or tight-filled pack styles. This 
activity has led to an awareness that fruit which was of proper size 
when tray-packed exceeded the maximum number of nectarines for the 16-
pound sample for corresponding loose-filled or tight-filled pack size. 
In some instances, these samples required an additional piece of fruit 
to meet the 16-pound weight requirement, thus causing the pack to be 
``marked'' smaller than its equivalent tray-pack size. When packs are 
``marked'' smaller this causes the container to be sold for a lower 
price.
    Revised and refined weight-count standards should provide for more 
accurate marking of sizes when packed in loose-filled or tight-filled 
pack styles compared to equivalent sizes that are tray packed. These 
regulations provide for uniformly packed containers of nectarines. 
These regulations also attempt to assure equivalent returns for growers 
based on style of pack used.
    This rule also further clarifies the definition of ``tree ripe'' 
added to Sec. 916.350 paragraph (b) for the 1995 season. According to 
the NAC, ``tree ripe'' is an optional marking with regard to maturity 
that is stamped on containers of nectarines. Currently, the definition 
of tree ripe is based on the California Well Matured maturity 
requirement and is intended to be used for fruit which has been allowed 
to ripen naturally by remaining longer on the tree. California Well 
Matured means that fruit has been picked at a maturity level distinctly 
more advanced than ``mature.'' The definition of ``tree ripe'' was 
added in 1995 so that its meaning was consistent with other descriptive 
markings and provided a consistent minimum maturity level throughout 
the industry to the benefit of consumers. However, during the 1995 
season, some handlers marked their boxes of fruit as ``tree ripened.'' 
It has been recommended by the NAC that the terms ``tree ripe'', and 
``tree ripened'', and other terms which denote an advanced level of 
maturity due to the fruit remaining on the tree for a longer period, 
are interchangeable terms indicative of the enhanced maturity of the 
fruit inside the box. Requiring containers of nectarines to be at a 
minimum California Well Matured in order to be marked ``tree ripe'' or 
``tree ripened'', or other interchangeable terms such as ``ripened on 
the tree'', or ``ripened on tree'' will clarify the current regulation 
by specifying when the ``tree ripe'' or some similar marking using the 
words ``tree'' and ``ripe'', can be used and help to ensure that buyer 
expectations are met.
    The NAC also recommended that a new container, that also allows for 
markings on the lid of the container, be approved for nectarine 
shipments for the 1996 season only. The NAC will review the impact of 
the use of this container with shippers prior to the 1997 season.
    The marketing order, under Sec. 916.350, requires that all 
containers be marked with specific information (e.g. handler, grade, 
size, and variety) and that all such markings on nectarine containers 
have to be applied to the outside end of the container. This has been 
defined as any of the four sides of the container, but not on the lid. 
Currently, there is interest by handlers in containers that are 
reusable thus creating financial savings for handlers. There is now a 
reusable and recyclable container, a single layer, plastic, 12 x 19 \3/
4\ inch box, that is available for use with nectarines. However, the 
design of some styles of the container, which has cooling slots in all 
of its sides, is such that the markings cannot easily be placed on the 
outside end of the container.
    The NAC believes that allowing for markings to be placed on the 
container lid or on the outside end of the container will facilitate 
the use of all styles of this plastic, reusable and recyclable 
container in compliance with marketing order requirements. Authorizing 
the use of this new container will allow handlers to reduce their 
container costs through the continued reuse of the container.

[[Page 31389]]

Maturity Requirements (Nectarines)

    Section 916.356 specifies maturity requirements for fresh 
nectarines in paragraphs (a)(1) and (a)(1)(i), including Table 1. For 
fruit being inspected and certified as meeting the maturity 
requirements for ``well matured'', determinations are generally in 
terms of maturity guides (e.g., color chips) specified in Table 1.
    This rule revises paragraph (a)(1) by exempting certain nectarine 
varieties from the requirement that a blush or red color be present on 
the skin of the nectarines. By their nature, some newer yellow 
nectarine varieties fail to attain any color other than yellow on the 
skin of the fruit. The U. S. Standards for Grades of Nectarines 
requires that a blush or red color be present on the skin of the fruit 
in order for the fruit to be considered as U. S. No. 1 grade.
    This rule also revises Table 1 of paragraph (a)(1)(I) of 
Sec. 916.356 for nectarines to add the maturity guides for four 
nectarine varieties. Specifically, an addition to the maturity guides 
was recommended for Grand Diamond, King Jim, and Spring Brite at a 
maturity guide of L, and Rose Diamond at a maturity guide of J.
    The NAC recommended these maturity requirement changes for these 
nectarine varieties based on a continuing review by the Shipping Point 
Inspection Service of their individual maturity characteristics, and 
the identification of the appropriate color chip corresponding to the 
``well matured'' level of maturity for such variety.

Size Requirements (Nectarines)

    Section 916.356 specifies size requirements for fresh nectarines in 
paragraphs (a)(2) through (a)(9). This rule revises Sec. 916.356 to 
establish variety-specific size requirements for six nectarine 
varieties that were produced in commercially significant quantities of 
more than 10,000 packages for the first time during the 1995 season. 
This rule also modifies the variety-specific size requirements for two 
varieties of nectarines by reassigning those varieties.
    Size regulations are put in place to improve fruit quality by 
allowing fruit to stay on the tree for a greater length of time. This 
increased growing time not only improves maturity and, therefore, the 
quality of the product, but also the size of the fruit. Increased size 
results in increases in the number of packed boxes of nectarines per 
acre. This provides greater consumer satisfaction, more repeat 
purchases, and, therefore, increases returns to growers. Varieties 
recommended for specific size regulation have been reviewed and 
recommendations are based on the characteristics of the variety to 
attain minimum size.
    Paragraph (a)(3) is revised to include the Johnny's Delight and May 
Jim varieties; paragraph (a)(4) is revised to include the Arctic Rose 
variety; and paragraph (a)(6) in Sec. 916.356 is revised to include the 
Flame Glo, Prima Diamond III, Prima Diamond IV, Prima Diamond VIII, and 
the White Jewels nectarine varieties.
    This rule also revises Sec. 916.356 to remove eleven nectarine 
varieties from the variety-specific size requirements specified in the 
section because less than 5,000 packages of each of these varieties 
were produced during the 1995 season. Paragraph (a)(2) of that section 
is revised to remove the Royal Delight nectarine variety. Paragraph 
(a)(4) is revised to remove the Sunfre variety, and paragraph (a)(4) is 
also revised to delete the May Jim variety. This variety was placed in 
this paragraph prior to the 1995 season. The variety matures to a 
smaller-than-average size when compared to other varieties in this 
paragraph. Based upon its sizing characteristics from the 1995 season, 
removal of the May Jim variety from this paragraph was recommended. 
Paragraph (a)(6) is revised to remove the Del Rio Rey, Independence, La 
Pinta, Late Le Grand, Royal Red, Son Red, Sun Grand, and 181-119 
(Sierra Star) nectarine varieties. Paragraph (a)(6) is also revised to 
remove the Arctic Rose variety. This variety was placed in this 
paragraph prior to the 1995 season. The variety matures to a smaller-
than-average size when compared to other varieties in this paragraph. 
Based upon its sizing characteristics from the 1995 season, removal of 
the Arctic Rose variety from this paragraph was recommended.
    Nectarine varieties removed from the nectarine variety-specific 
list become subject to the non-listed variety size requirements 
specified in paragraphs (a)(7), (a)(8), and (a)(9) of Sec. 916.356.
    The NAC recommended these changes in the minimum size requirements 
based on a continuing review of the sizing and maturity relationships 
for these nectarine varieties, and consumer acceptance levels for 
various sizes of fruit. This rule is designed to establish minimum size 
requirements for fresh nectarines consistent with expected crop and 
market conditions.

Container and Pack Requirements (Peaches)

    Section 917.442 currently specifies container and pack requirements 
for fresh peach shipments. Paragraph (a)(4)(iv) of Sec. 917.442 
specifies the tray-pack size designations which must be marked on 
loose-filled or tight-filled containers, depending on the size of the 
fruit. The size designations specify the maximum number of peaches in a 
16-pound sample for each tray pack size designation. This rule revises 
paragraph (a)(4)(iv) of Sec. 917.442 by modifying one size designation 
for the weight-count standards in Column B of Table 1 for early-season 
and mid-season peach varieties. Research conducted by the PCC indicated 
that early-season and mid-season fruit weighs less than late-season 
fruit and the weight-count standards were, therefore, modified for the 
past two seasons based on that consideration. Results from the 1995 
season suggest that a minor modification of Table 1 is necessary to 
provide more accurate weight-count standards for early-season and mid-
season peaches.
    The PCC recommended the revised container marking requirement 
changes for peaches after a comprehensive review of the appropriate 
relationships between the tray-pack containers and loose-filled or 
tight-filled containers for early-season and mid-season peach varieties 
prior to the 1996 season. Specifically, the PCC's recommendation 
provides that the maximum number of peaches of size 54 in a 16-pound 
sample of early-season and mid-season fruit is more appropriately 44 
rather than 43.
    Pack regulations provide for uniform packing practices. In 
particular, weight-count standards provide for equality between fruit 
packed in loose-filled or tight-filled containers and fruit packed in 
tray-pack styles.
    According to the PCC, packers occasionally moved fruit from tray-
pack styles of pack to loose-filled or tight-filled pack styles. This 
activity has led to an awareness, especially in regard to early-season 
varieties, that fruit which was of proper size when tray-packed 
exceeded the maximum number of peaches for the 16-pound sample for 
corresponding loose-filled or tight-filled pack size. In some 
instances, these samples needed an additional piece of fruit to meet 
the 16-pound weight requirement, thus causing the pack to be ``marked'' 
smaller than its equivalent tray-pack size. When packs are ``marked'' 
smaller this causes the container to be sold for a lower price. During 
the 1994 season, new weight-count assignments for early varieties

[[Page 31390]]

were in place. Research continued with the purpose of possible 
refinement of those weight-count assignments.
    Revised and refined weight-count standards for early varieties 
should provide for more accurate marking of size when packed in loose-
filled or tight-filled pack styles compared to equivalent sizes that 
are tray packed. These regulations provide for uniformly packed 
containers of peaches. These regulations also attempt to assure 
equivalent returns for growers based on style of pack used.
    This rule also further clarifies the definition of ``tree ripe'' 
added to Sec. 917.442 paragraph (b) for the 1995 season. According to 
the PCC, ``tree ripe'' is an optional marking with regard to maturity 
that is stamped on containers of peaches. Currently the definition of 
tree ripe is based on the California Well Matured maturity requirement 
and is intended to be used for fruit which has been allowed to ripen 
naturally by remaining longer on the tree. California Well Matured 
means that fruit has been picked at a maturity level distinctly more 
advanced than ``mature.'' The definition of ``tree ripe'' was added in 
1995 so that its meaning was consistent with other descriptive markings 
and provided a consistent minimum maturity level throughout the 
industry to the benefit of consumers. However, during the 1995 season, 
some handlers marked their boxes of fruit as ``tree ripened.'' It has 
been recommended by the PCC that the terms ``tree ripe'' and ``tree 
ripened'' and other terms which denote an advanced level of maturity 
due to the fruit remaining on the tree for a longer period, are 
interchangeable terms indicative of the enhanced maturity of the fruit 
inside the box. Requiring containers of peaches to be at a minimum 
California Well Matured in order to be marked ``tree ripe'' or ``tree 
ripened'', or other interchangeable terms such as ``ripened on the 
tree'', or ``ripened on tree'' will clarify the current regulation by 
specifying when the ``tree ripe'' or some similar marking using the 
words ``tree'' and ``ripe'' can be used and help to ensure that buyer 
expectations are met.
    The PCC also recommended that a new container, that also allows for 
markings on the container lid, be approved for peach shipments for the 
1996 season only. The PCC will review the impact of this container with 
shippers prior to the 1997 season.
    The marketing order, under Sec. 917.442, requires that all 
containers be marked with specific information (e.g. handler, grade, 
size, and variety) and that all such markings on peach containers have 
to be applied to the outside end of the container. This has been 
defined as any of the four sides of the container, but not on the lid. 
Currently, there is interest by handlers in containers that are 
reusable thus creating financial savings for handlers. There is now a 
reusable and recyclable container, a single layer, plastic, 12  x  
19\3/4\ inch box, that is available for use with peaches. However, the 
design of some styles of the container, which has cooling slots in all 
of its sides, is such that the markings cannot easily be placed on the 
outside end of the container.
    The PCC believes that allowing for markings to be placed on the 
container lid or on the outside end of the container will facilitate 
the use of all styles of this plastic, reusable and recyclable 
container in compliance with marketing order requirements. Authorizing 
the use of this new container will allow handlers to reduce their 
container costs through the continued reuse of the container.

Maturity Requirements (Peaches)

    Section 917.459 specifies maturity requirements for fresh peaches 
in paragraph (a)(1), including TABLE 1. For fruit being inspected and 
certified as meeting the maturity requirements for ``well matured'', 
maturity determinations are generally in terms of maturity guides 
(e.g., color chips) specified in Table 1. This rule revises Table 1 of 
paragraph (a)(1)(ii) of Sec. 917.459 for peaches to change the maturity 
guide for the Elegant Lady peach variety from a maturity guide M to a 
maturity guide L. It also adds two peach varieties for which color 
chips had not been established previously. The Early Delight peach 
variety has been recommended to be added with a maturity guide H and 
the May Sun variety has been recommended to be added with a maturity 
guide I.
    The PCC recommended these maturity requirement changes for these 
peach varieties based on a continuing review by the Shipping Point 
Inspection Service of their individual maturity characteristics, and 
the identification of the appropriate color chip corresponding to the 
``well matured'' level of maturity for such varieties.

Size Requirements (Peaches)

    Section 917.459 specifies size requirements for fresh peaches in 
paragraphs (a)(2) through (a)(6), and paragraphs (b) and (c). This rule 
also revises Sec. 917.459 to establish variety-specific size 
requirements for six peach varieties that were produced in commercially 
significant quantities of more than 10,000 packages for the first time 
during the 1995 season.
    Size regulations are put in place to improve fruit quality by 
allowing fruit to stay on the tree for a greater length of time. This 
increased growing time not only improves maturity, and, therefore, the 
quality of the product, but also size of the fruit. Increased size 
results in increases in the number of packed boxes of peaches per acre. 
This provides greater consumer satisfaction, more repeat purchases, 
and, therefore, increases returns to growers. Varieties recommended for 
specific size regulation have been reviewed and recommendations are 
based on the characteristics of the variety to attain minimum size.
    In Sec. 917.459 paragraph (a)(5) is revised to include the May Sun 
peach variety; and paragraph (a)(6) is revised to include the July Sun, 
Kaweah, Snow Giant, Snow King, and Sugar Giant peach varieties.
    This rule also revises Sec. 917.459 to remove eleven peach 
varieties from the variety-specific size requirements specified in that 
section, because less than 5,000 packages of each of these varieties 
were produced during the 1995 season. In Sec. 917.459 paragraph (a)(2) 
of Sec. 917.459 is revised to remove the Flordaprince peach variety; 
paragraph (a)(5) is revised to remove the First Lady, Merrill Gem, 
Royal May, Sierra Crest, Summer Crest, and 50-178 peach varieties; and 
paragraph (a)(6) is revised to remove the Angelus, August Delight, 
Parade, and Scarlet Lady peach varieties. Peach varieties removed from 
the variety-specific list become subject to the non-listed variety size 
requirements specified in paragraphs (b) and (c) of Sec. 917.459.
    The removal of the Flordaprince variety from paragraph (a)(2) 
results in there being no varieties regulated within size 96 for the 
1996 season. Since the variety-specific list is subject to change from 
one season to another, the Department wishes to reserve paragraph 
number (a)(2) for future regulation of peaches at size 96.
    The PCC recommended these changes in the minimum size requirements 
based on a continuing review of the sizing and maturity relationships 
for these peach varieties, and the consumer acceptance levels for 
various sizes fruit. This rule is designed to establish minimum size 
requirements for fresh peaches consistent with expected crop and market 
conditions.
    In addition, this rule revises paragraph (a)(6) of Sec. 917.459 by 
adding three peach varieties which were inadvertently removed from this 
paragraph, and deleting three varieties which were left in this 
paragraph. Those peach varieties which are being added

[[Page 31391]]

to paragraph (a)(6) of Sec. 917.459 include the Fancy Lady, Snow Ball, 
and Sugar Lady peach varieties. Those peach varieties which were 
inadvertently left in the variety-specific size requirement at 
paragraph (a)(6) of Sec. 917.459 and are being removed include the July 
Lady, Red Cal, and Redglobe peach varieties. The Sugar Giant peach 
variety should also be added to the variety-specific size requirement 
in paragraph (a)(6) of Sec. 917.459. This variety was recommended to be 
added by the PCC in 1996 and was inadvertently left out of the interim 
final rule.
    Further, this rule revises paragraph (a)(6) of Sec. 917.459 by 
changing the name of the peach variety, Red Boy. The exclusive handler 
of this peach variety changed the name in the 1995 season. For that 
reason, the name of the Red Boy peach variety is changed to Red Dancer.
    This rule reflects the committees' and the Department's appraisal 
of the need to revise the handling requirements for California 
nectarines and peaches, 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 establishes handling requirements for fresh California 
nectarines and peaches consistent with expected crop and market 
conditions, and will help ensure that all shipments of these fruits 
made each season will meet acceptable handling requirements established 
under each of these orders. This rule will also help the California 
nectarine and peach industries provide fruit desired by consumers. This 
rule is designed to establish and maintain orderly marketing conditions 
for these fruits in the interest of producers, handlers, and consumers. 
Therefore, 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.

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.

    Accordingly, the interim final rule amending 7 CFR parts 916 and 
917 which was published at 61 FR 13386 on March 27, 1996, is adopted as 
a final rule with the following changes:

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.


Sec. 916.350  [Amended]

    2. In Sec. 916.350, paragraph (c) is revised to read as follows:


Sec. 916.350  California Nectarine Container and Pack Regulation.

* * * * *
    (c) Each container of nectarines in plastic, 12  x  19\3/4\ inch 
reusable and recyclable containers shall meet and bear, on the 
container lid or on the outside end, all applicable marking 
requirements under the order.


Sec. 916.356  [Amended]

    3. In Sec. 916.356, paragraph (a)(6) is amended by adding the name 
``Nectarine 23''.

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.


Sec. 917.442  [Amended]

    2. In Sec. 917.442, paragraph (c) is revised to read as follows:


Sec. 917.442  California Peach Container and Pack Regulation.

* * * * *
    (c) Each container of peaches in plastic, 12  x  19\3/4\ inch 
reusable and recyclable containers shall meet and bear, on the 
container lid or on the outside end, all applicable marking 
requirements under the order.


Sec. 917.459  [Amended]

    3. In Sec. 917.459, paragraph (a)(6) is amended by adding the names 
``Fancy Lady,'' ``Red Dancer'', ``Snow Ball'', ``Sugar Giant'', and 
``Sugar Lady'', and removing the names ``July Lady'', ``Red Boy'', 
``Red Cal'', and ``Redglobe''.

    Dated: June 13, 1996.
Sharon Bomer Lauritsen,
Acting Director, Fruit and Vegetable Division.
[FR Doc. 96-15628 Filed 6-19-96; 8:45 am]
BILLING CODE 3410-02-P