[Federal Register Volume 63, Number 62 (Wednesday, April 1, 1998)]
[Rules and Regulations]
[Pages 16032-16043]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8435]



[[Page 16031]]

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Part VII





Department of Agriculture





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Agricultural Marketing Service



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7 CFR Parts 916 and 917



Nectarines and Peaches Grown in California; Revision of Handling and 
Reporting Requirements for Fresh Nectarines and Peaches; Interim Final 
Rule

  Federal Register/Vol. 63, No. 62/Wednesday, April 1, 1998/Rules and 
Regulations  

[[Page 16032]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV98-916-1 IFR]


Nectarines and Peaches Grown in California; Revision of Handling 
and Reporting 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 handling and reporting requirements for 
California nectarines and peaches by modifying the grade, size, 
maturity, and container requirements for fresh shipments of these 
fruits, beginning with 1998 season shipments. This rule modifies 
requirements for placement of Federal-State Inspection Service lot 
stamps, as well as establishing a single due date for handlers' 
shipment reports. 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. This rule also 
corrects the address of the California Tree Fruit Agreement.

DATES: Effective April 1, 1998; comments received by June 1, 1998 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 to the Docket Clerk, Fruit 
and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 2525-S, 
Washington, DC 20090-6456; Fax: (202) 205-6632. 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: Terry Vawter, Marketing Specialist, or 
Kurt J. Kimmel, Regional Manager, California Marketing Field Office, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 2202 Monterey Street, suite 102B, Fresno, California 93721; 
telephone: (209) 487-5901, Fax: (209) 487-5906; or George Kelhart, 
Technical Advisor, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, Washington, 
DC 20090-6456; telephone: (202) 720-2491, Fax: (202) 205-6632. Small 
businesses may request information on compliance with this regulation 
by contacting Jay Guerber, Marketing Order Administration Branch, Fruit 
and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 2525-S, 
Washington, DC 20090-6456; telephone: (202) 720-2491; Fax: (202) 205-
6632.

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreements Nos. 124 and 85, and Marketing Order Nos. 916 and 917 (7 CFR 
parts 916 and 917) regulating the handling of nectarines and peaches 
grown in California, respectively, hereinafter referred to as the 
``orders.'' The marketing agreements and 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 12988, 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.
    Under the orders, grade, size, maturity, and container and pack 
requirements are established for fresh shipments of California 
nectarines and peaches. Such requirements are in effect on a continuing 
basis. The Nectarine Administrative Committee (NAC) and the Peach 
Commodity Committee (PCC), which are responsible for local 
administration of the orders, met on December 4, 1997, and unanimously 
recommended that these handling requirements be revised for the 1998 
season, which begins April 1. The changes: (1) correct the address for 
the California Tree Fruit Agreement (CTFA); (2) modify the lot stamping 
requirements; (3) establish a single date by which handlers must file 
shipment reports; (4) define and provide dimensions for a new 
container; (5) simplify size marking requirements for consumer packages 
and establish marking requirements for the new container; (6) modify 
weight counts for early varieties; (7) authorize shipments of ``CA 
Utility'' quality fruit during the 1998 season; (8) standardize 
container tolerances for mature and well-matured nectarines; (9) revise 
varietal maturity and size requirements to reflect recent changes in 
growing conditions; and (10) revise the names of some patented 
nectarine varieties to reflect the name changes made by the patent 
holders.
    The committees meet prior to and during each season to review the 
rules and regulations effective on a continuing basis for California 
nectarines and peaches under the orders. 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.
    No official crop estimate was available at the time of the 
committees' meetings because the nectarine and peach trees were 
dormant. The committees will recommend a crop estimate at their 
meetings in early spring. However, preliminary estimates indicate that 
the 1998 crop will be similar in size and characteristics to the 1997 
crop which totaled 20,533,760 boxes of nectarines and 19,882,584 boxes 
of peaches.

Communications (Peaches)

    Section 917.110 of the peach order's rules and regulations provides 
an address for communications to the CTFA. The Control Committee of 
Order 917 provides administrative services for the NAC and PCC. The 
CTFA is the name used to describe this administrative staff.
    The CTFA moved its offices from Sacramento to Reedley, California, 
thereby making the address published in this section no longer 
accurate. For that reason, the PCC recommended that the address for the 
Control Committee be changed to reflect the current location of the 
CTFA's offices.

[[Page 16033]]

Lot Stamping Requirements

    Sections 916.55 and 917.45 of the orders require inspection and 
certification of nectarines and peaches, respectively, handled by 
handlers. Sections 916.115 and 917.150 of the nectarine and peach 
orders' rules and regulations, respectively, require that containers of 
nectarines and peaches be stamped with the Federal-State Inspection 
Service (inspection service) lot stamp number after inspection and 
prior to shipment to show that the fruit has been inspected. Such 
requirements apply to all containers of nectarines or peaches unless 
such containers are loaded directly into railway cars or mailed 
directly to consumers in consumer packages.
    Lot stamp numbers are assigned to each handler by the inspection 
service, but control of the lot stamps is retained by the inspector 
assigned to each handler's packing facility. Handlers with full-time 
inspectors have full-time access to the lot stamp, thus ensuring that 
each container of nectarines and/or peaches is stamped as required. 
Handlers without a full-time inspector have access to the lot stamp 
only when the inspector is on the premises. Thus, containers packed and 
placed on pallets in the inspector's absence can be stamped only after 
the inspector returns and performs an inspection on samples of those 
containers. However, a new container configuration on the 40 by 48 inch 
metric pallet is increasingly utilized by the industry. When the new 
containers are stacked on the standardized pallet, the result is a 
nine-column configuration of stacked containers; i.e., eight outer 
columns surrounding a ninth, center column. The center column of 
containers in that configuration cannot easily be marked with the lot 
stamp upon the return and approval of the inspector since a portion of 
the outer columns have to be unstacked from the pallet to expose the 
containers comprising the center column. After the containers in the 
center column are marked with the lot stamp, the containers comprising 
the outer columns must be restacked on the pallet. This unstacking and 
restacking of containers in an effort to mark the center column of 
containers with the lot stamp is time-consuming and increases the 
handler's costs. This cost is borne solely by smaller handlers who do 
not pack a sufficient number of containers in a day to require the 
presence of a full-time inspector.
    In an effort to decrease handling time and costs for smaller 
handlers, the NAC and PCC voted unanimously to exempt the containers in 
the center column of the nine-column configuration from the requirement 
for a Federal-State Inspection Service lot stamp. This exemption is 
currently estimated to affect fewer than 10 handlers and less than 
10,000 boxes of nectarines and peaches, or approximately .6 percent of 
handlers and less than .001 percent of the total boxes of nectarines 
and peaches inspected during the 1997 season. Exempting containers in 
this center column should still meet the intent of the orders' stamping 
requirements by allowing buyers and the inspection service to 
positively identify each inspected lot.

Reporting Procedures

    Sections 916.60 and 917.50 of the orders require shipment reports 
from nectarine and peach handlers to be submitted to the respective 
committees. Sections 916.160(b) and 917.178(b) of the orders' rules and 
regulations currently require that handlers report shipments of each 
nectarine and peach variety by the tenth day of the month following the 
month the varieties were shipped.
    Handlers file approximately three shipment reports with the 
committees per season, resulting in approximately 750 shipment reports 
for nectarine handlers and approximately 900 shipment reports for peach 
handlers. Each shipment report is estimated to take one hour for 
handlers to complete.
    In an effort to make reporting less burdensome to handlers, the NAC 
and PCC voted unanimously to establish a single reporting deadline of 
November 15 of each year, no matter when shipments of each nectarine or 
peach variety were made. This single reporting deadline simplifies the 
reporting requirements so that handlers need only file one report each 
for nectarine varieties and for peach varieties at the end of the 
season rather than numerous reports providing the shipments of 
individual nectarine and peach varieties during the season. This 
relaxation is estimated to reduce burden hours for nectarine handlers 
to approximately 250 hours from 750 hours and for peach handlers to 
approximately 300 from 900 hours.

Container Requirements

    Sections 916.52 and 917.41 of the nectarine and peach orders, 
respectively, provide authority to fix the size, capacity, weight, 
dimensions, markings, or pack of containers that may be used in the 
packaging and handling of these fruits. Sections 916.350 and 917.442 of 
the orders' rules and regulations specify container and pack 
requirements for nectarine and peach shipments. In part, the container 
requirements specify the dimensions of the boxes commonly used by 
handlers of nectarines and peaches. In recent years, to realize 
efficiencies in utilizing space, the produce industry has standardized 
shipment and storage of produce on a pallet measuring 40 by 48 inches. 
With the adoption of this pallet, some of the boxes commonly utilized 
by nectarine and peach handlers are being replaced by boxes which more 
readily conform to the new, standardized pallet. One box that is used 
more frequently is the No. 32 standard box, which measures 5\3/4\ to 
7\1/4\ inches (inside dimensions) by 12 inches by 19-\3/4\ inches 
(outside dimensions). This box is commonly referred to as the 
``shoebox'' because of its distinctive shape. The NAC and PCC believe 
that new boxes, such as the No. 32, will become increasingly important 
to the industry because of their widespread acceptance by retailers and 
their use in conjunction with the standardized pallet. For those 
reasons, the NAC and PCC voted unanimously to include the definition 
and dimensions of the No. 32 standard box within the orders' rules and 
regulations.
    Use of the No. 32 standard box has also become interchangeable with 
the No. 22D standard box. In part, this is because the capacity of the 
two containers is similar, so handlers can pack the same number of 
fruit of a particular size in either box. For that reason, 
Secs. 916.350 and 917.442 of the orders' rules and regulations are 
modified to specify that sizes of fruit shall be based on the number 
that can be packed in accordance with the requirements of standard pack 
in either a No. 32 standard box or a No. 22D standard lug box.
    Sections 916.350 and 917.442 of the orders' rules and regulations 
also require containers to be marked with certain information, 
including the size and/or number of pieces of fruit in the container, 
the name of the variety, if known, the maturity, and the name and 
address of the shipper. Because the No. 32 standard box is also 
currently the principal container used for molded forms (tray packs), 
the No. 32 box has now become the industry standard for determining the 
sizes in tray-pack packages. Thus, requiring markings for both the size 
and count of fruit in this container is not necessary. For example, if 
a No. 32 box is marked ``80 size,'' the buyer already knows it contains 
80 pieces of ``size 80'' fruit because the number of fruit that fit in 
standard pack configuration is the basis for the size designation.

[[Page 16034]]

    Another packaging style whose use has become increasingly 
widespread is the one-layer consumer package. Consumer packages of 
nectarines and peaches are smaller boxes or bags of fruit suited for 
display and sale as single units in some retail outlets. Consumer 
packages of nectarines and peaches are generally smaller units without 
adequate space on the outside ends for additional markings. Requiring 
dual markings on consumer boxes would place a burden on handlers who 
prefer to minimize markings on the outside of these boxes.
    Thus, No. 32 boxes and consumer packages are required to be marked 
with either the size of the fruit, e.g., ``88 size'' or ``80 size,'' or 
the count, e.g., ``88 count'' or ``80 count,'' but not both, 
eliminating the requirement for dual markings on these containers. This 
is consistent with the rules and regulations of the orders and with 
historical practices within the nectarine and peach industry.
    Sections 916.350 and 917.442 of the orders' rules and regulations 
also specify in Table 1 of paragraphs (a)(4)(iv) of Secs. 916.350 and 
917.442 the tray pack size designations which must be marked on 
containers of nectarines or peaches, respectively, depending on the 
size of the fruit. The weight-count size designations specify the 
maximum number of nectarines or peaches in a 16-pound sample for each 
tray-pack size designation. This rule revises Secs. 916.350 and 917.442 
by modifying the weight counts of early-season fruit sizes 56 to 72 in 
Table 1 of those paragraphs.
    According to the information provided by a handler of early-season 
nectarines and peaches, increasing amounts of early-season nectarines 
and peaches are currently being converted to volume-filled containers 
from the traditional tray packs. Early-season nectarines and peaches 
lack the density of mid-season and late-season fruit, while maintaining 
overall size. For this reason, early-season nectarines and peaches may 
adequately fill the tray-pack container molded forms; but, when 
converted to volume-filled containers without the molded forms, the 
early-season fruit lacks the weight to adequately meet the requirements 
of a 16-pound sample. In the past, the handler was required to include 
an additional nectarine or peach in the 16-pound sample to meet the 
required sample weight for five sizes of nectarines and peaches when 
the tray-pack container is converted to the volume-filled container. 
This results in lower returns for the producer and handler of early-
season fruit sold in volume-filled containers. The NAC and PCC 
unanimously recommended modifications to the early-season weight-count 
standards for five sizes of nectarines and peaches by the addition of 
one piece of fruit to each weight-count standard currently in effect 
for sizes 56 to 72. Such a change modifies Table 1 of paragraphs 
(a)(4)(iv) in Secs. 916.350 and 917.442 by adding an additional 
nectarine or peach, respectively, to sizes 56, 60, 64, 70, and 72. The 
change will permit handlers to more easily convert tray-packed 
nectarines and peaches to volume-filled containers and decrease the 
handling costs associated with that conversion.

Quality Requirements

    Sections 916.52 and 917.41 of the orders authorize the 
establishment of grade and quality requirements for nectarines and 
peaches, respectively. Prior to the 1996 season, Sec. 916.356 of the 
order's rules and regulations required nectarines to meet a modified 
U.S. No. 1 grade. Specifically, nectarines were required to meet U.S. 
No. 1 grade requirements, except there was a slightly tighter 
requirement for scarring and a more liberal allowance for misshapen 
fruit. Under Sec. 917.459 of the order's rules and regulations prior to 
the 1996 season, peaches were also required to meet the requirements of 
a U.S. No. 1 grade, except there was a more liberal allowance for open 
sutures that were not ``serious damage.''
    This rule revises Sec. 916.350, Sec. 916.356, Sec. 917.442, and 
Sec. 917.459 to permit shipments of nectarines and peaches meeting ``CA 
Utility'' quality requirements during the 1998 season. (``CA Utility'' 
fruit is lower in quality than that meeting the modified U.S. No. 1 
grade requirements.) Shipments of nectarines and peaches meeting ``CA 
Utility'' quality requirements were permitted during the 1996 and 1997 
seasons only.
    Preliminary studies conducted by the NAC and PCC indicate that some 
consumers, retailers, and foreign importers found the lower quality 
fruit acceptable in some markets. Shipments of ``CA Utility'' 
nectarines represented 1.1 percent of all nectarine shipments, or 
approximately 210,000 boxes in 1996. In 1997, shipments of ``CA 
Utility'' nectarines represented 1.1 percent of all nectarines 
shipments, or approximately 230,000 boxes. Shipments of ``CA Utility'' 
peaches represented 1.9 percent of all peach shipments, or 366,000 
boxes in 1996. In 1997, shipments of ``CA Utility'' peaches represented 
1.0 percent of all peach shipments, or approximately 217,000 boxes.
    For these reasons, the NAC and PCC unanimously recommended that 
shipments of ``CA Utility'' quality nectarines and peaches, 
respectively, be permitted for the 1998 season with a continuing in-
house statistical review.

Clarification of Container Tolerances (Nectarines)

    As previously indicated, the orders require that, except for ``CA 
Utility'' quality fruit, nectarines and peaches meet most of the 
requirements of the U.S. No. 1 grade. These requirements include the 
requirement that such fruit is ``mature.'' (``CA Utility'' fruit is 
also required to be ``mature.'') A second, higher maturity standard of 
``well matured'' is also defined in the rules and regulations for both 
nectarines and peaches.
    For those grade factors included in the U.S. Standards for Grades 
of Nectarines and for Grades of Peaches (standards), tolerances are 
provided for fruit that fail to meet those factors to allow for 
variations incident to proper grading and handling. Tolerances are 
specified for both entire lots of fruit and for individual containers 
within the lot. These tolerances may be modified by the orders' rules 
and regulations.
    On December 4, 1997, the NAC recommended a nectarine container 
tolerance of one and one-half times the lot tolerance in instances 
where the lot tolerance was 10 percent or more, and a nectarine 
container tolerance of twice the lot tolerance in instances where the 
lot tolerance was 9 percent or less. This nectarine container tolerance 
will be identical to that currently in effect for peaches. This 
standardization of container tolerances between nectarines and peaches 
should benefit handlers of both fruits. These tolerances are specified 
in a revised paragraph (c) of Sec. 916.356.

Maturity Requirements

    Both orders provide (in Secs. 916.52 and 917.41) authority to 
establish maturity requirements for nectarines and peaches, 
respectively. The minimum maturity level currently specified for 
nectarines and peaches is ``mature'' as defined in the standards. 
Additionally, both orders'' rules and regulations provide for a higher, 
``well matured'' classification. For most varieties, ``well-matured'' 
fruit determinations are made using maturity guides (e.g., color 
chips). These maturity guides are reviewed each year by the Shipping 
Point Inspection Service (SPI) to determine whether they need to be 
changed based on the most recent information available on the 
individual characteristics of each variety. These maturity guides 
established under the handling regulations of the California tree fruit

[[Page 16035]]

marketing orders have been codified in the Code of Federal Regulations 
as Table 1 in Secs. 916.356 and 917.459, for nectarines and peaches, 
respectively.
    The requirements in the 1998 handling regulation are the same as 
those that appeared in the 1997 handling regulation with a few 
exceptions. Those exceptions are explained in this rule.
    Nectarines: Requirements for ``well-matured'' nectarines are 
specified in Sec. 916.356 of the order's rules and regulations. This 
rule revises Table 1 of paragraph (a)(1)(iv) of Sec. 916.356 to add 
maturity guides for 2 nectarine varieties. Specifically, Shipping Point 
Inspection (SPI) recommended adding maturity guides for the June Brite 
nectarine variety at a maturity guide of I; and the Diamond Ray 
nectarine variety at a maturity guide of L.
    The NAC recommended these maturity requirements based on SPI's 
continuing review of individual maturity characteristics and 
identification of the appropriate maturity guide corresponding to the 
``well-matured'' level of maturity for nectarine varieties in 
production.
    Table 1 of paragraph (a)(1)(iv) of Sec. 916.356 is also revised to 
remove 15 nectarine varieties which are no longer in production. The 
NAC routinely reviews the status of nectarine varieties listed in these 
maturity guides. The most recent review revealed that 15 of the 
nectarine varieties currently listed in the maturity guide have not 
been in production since the 1995 season. Typically, the NAC recommends 
removing a variety after non-production for three seasons, or if trees 
of that variety are known to have been pulled out, because a maturity 
guide for an obsolete variety is no longer needed. The varieties 
removed include the Ama Lyn, Del Rio Rey, Gold King, Grand Stan, June 
Grand, Kent Grand, Le Grand, Red June, Regal Grand, Sierra Star/181-
119, Spring Grand, Spring Top, Star Bright, Star Grand, and Tasty Free 
nectarine varieties.
    In addition, the 61-61 nectarine variety is removed from all 
variety-specific regulations, including the requirement for 80 percent 
surface color, as specified in Sec. 916.350. Similarly, the Fairlane 
nectarine variety is removed. The varieties will be regulated at the 
requirement for 90 percent surface color. With the removal of the 
Fairlane and 61-61 nectarine varieties, the Tom Grand nectarine variety 
will remain as the only variety regulated at the requirement for 80 
percent surface color.
    Peaches: Section 917.459 of the order's rules and regulations 
specifies maturity requirements for fresh peaches being inspected and 
certified as being ``well matured.''
    This rule revises Table 1 of paragraph (a)(1)(iv) of Sec. 917.459 
to add maturity guides for 2 peach varieties. Specifically, SPI 
recommended adding the maturity guides for the Rich Mike peach variety 
to be regulated at the H maturity guide, and the August Lady peach 
variety to be regulated at the L maturity guide.
    The PCC recommended these maturity requirements based on SPI's 
continuing review of individual maturity characteristics and 
identification of the appropriate maturity guide corresponding to the 
``well-matured'' level of maturity for peach varieties in production.
    Table 1 of paragraph (a)(1)(iv) of Sec. 917.459 is also revised to 
remove 7 peach varieties which are no longer in production. The PCC 
routinely reviews the status of peach varieties listed in these 
maturity guides. The most recent review revealed that 7 of the peach 
varieties currently listed in the maturity guide have not been in 
production since the 1995 season. Typically, the PCC recommends 
removing a variety after non-production for three seasons, or if trees 
of that variety are known to have been pulled out, because a maturity 
guide for an obsolete variety is no longer needed. The varieties 
removed include the Cardinal, Early Coronet, July Lady, Kearney, May 
Lady, Prime Crest, and Redglobe peach varieties.

Size Requirements

    Both orders provide (in Secs. 916.52 and 917.41) authority to 
establish size requirements. Size regulations encourage producers to 
leave fruit on the tree longer. This increased growing time not only 
improves the size of the fruit, but also increases its maturity. 
Increased size also results in an increased number of packed boxes of 
nectarines or peaches per acre. Acceptable size fruit also provides 
greater consumer satisfaction, more repeat purchases, and, therefore, 
increases returns to producers and handlers. Varieties recommended for 
specific size regulation have been reviewed and such recommendations 
are based on the specific characteristics of each variety. The NAC and 
PCC conduct studies each season on the range of sizes reached by the 
regulated varieties and determine whether revisions in the size 
requirements are appropriate.
    Nectarines: Section 916.356 of the order's rules and regulations 
specifies minimum 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 10 nectarine varieties that were 
produced in commercially-significant quantities of more than 10,000 
packages for the first time during the 1997 season. This rule also 
modifies the variety-specific size requirements for 3 varieties of 
nectarines.
    For example, one of the varieties recommended for addition to the 
variety-specific size requirements is the Brite Pearl variety. Studies 
of the size ranges attained by the Brite Pearl variety revealed all of 
the nectarines of the Brite Pearl variety met sizes 40, 50, 60, 70, and 
80. While the size distribution peaked on the size 60, 100 percent of 
the fruit sized at a minimum of size 80.
    A review of other varieties with the same harvesting period 
indicated that Brite Pearl was also comparable to those varieties in 
its size ranges. Thus, the recommendation to place the Brite Pearl 
nectarine variety in the variety-specific size regulation at a size 80 
is appropriate. Historical variety data such as this provides the NAC 
with the information necessary to recommend the appropriate sizes at 
which to regulate various nectarine varieties. In addition, producers 
of the varieties affected are invited to comment when such size 
recommendations are deliberated.
    For reasons similar to those discussed in the preceding paragraph, 
the introductory text of paragraph (a)(4) of Sec. 916.356 is revised to 
include the Diamond Bright, June Pearl, Prima Diamond IV, and Prima 
Diamond XIII nectarine varieties; and the introductory text of 
paragraph (a)(6) in Sec. 916.356 is revised to include the August Snow, 
Brite Pearl, Crystal Rose, Fire Pearl, Prima Diamond XIX, and Prima 
Diamond XXIV nectarine varieties.
    This rule also revises the introductory text of paragraph (a)(6) of 
Sec. 916.356 to remove 3 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 1997 
season. Thus, the introductory text of paragraph (a)(6) is revised to 
remove the Bob Grand, Kism Grand, and 80P-1135 nectarine varieties.
    This rule also revises the introductory text of paragraph (a)(4) of 
Sec. 916.356 to modify the identification of the Prima Diamond II 
nectarine variety; and revises the introductory text of paragraph 
(a)(6) of Sec. 916.356 to modify the identification of the Prima 
Diamond IV, Prima Diamond VII, Prima Diamond VIII, and 424-195 
nectarine varieties. The names have been changed as follows: Prima 
Diamond II has been

[[Page 16036]]

changed to Prima Diamond IV, Prima Diamond IV has been changed to Prima 
Diamond IX, Prima Diamond VII has been changed to Prima Diamond XVI, 
Prima Diamond VIII has been changed to Prima Diamond XVIII, and 424-195 
has been changed to Late How Red, respectively. Such changes are done 
routinely when the holder of a patented variety of nectarines changes 
the variety's name. For that reason, all references to these varieties 
have been changed.
    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.
    Peaches: Section 917.459 of the order's rules and regulations 
specifies minimum size requirements for fresh peaches in paragraphs 
(a)(2) through (a)(5), and paragraphs (b) and (c). This rule revises 
Sec. 917.459 to establish variety-specific size requirements for 10 
peach varieties that were produced in commercially-significant 
quantities of more than 10,000 packages for the first time during the 
1997 season. This rule adds one paragraph to Sec. 917.459(a), and 
redesignates the other paragraph numbers. Current paragraphs (a)(2), 
(a)(3), (a)(4), (a)(5) are redesignated as paragraphs (a)(3), (a)(4), 
(a)(5), and (a)(6), while a new paragraph (a)(2) is added. Paragraph 
(a)(2) of Sec. 917.459 is used to regulate peaches at a minimum size 
96. A conforming change is required at paragraphs (b) and (c) which 
refer to these redesignated paragraphs.
    One of the varieties recommended for addition to the variety-
specific size requirements is the Spring Snow variety. Studies of the 
size ranges attained by the Spring Snow variety revealed that none of 
that variety met the smallest sizes, sizes 96, 88, and 84. While the 
size distribution peaked on size 50, the minimum size encompassing 100 
percent of the variety was size 80.
    A review of other varieties of the same harvesting period indicated 
that Spring Snow was also comparable to those varieties in its size 
ranges. Thus, the recommendation to place the Spring Snow peach variety 
in the variety-specific size regulation at a size 80 is appropriate. 
Historical variety data such as this provides the PCC with the 
information necessary to recommend the appropriate sizes at which to 
regulate various peach varieties. In addition, producers of the 
affected varieties are invited to comment when such size 
recommendations are deliberated.
    In Sec. 917.459 of the order's rules and regulations, paragraph 
(a)(2) is added to include the Earlitreat and Lady Sue peach varieties 
to be regulated at a minimum size 96. The introductory text of 
paragraph (a)(5) is revised to include the Pink Rose, Prima Peach IV, 
Spring Snow, and White Dream peach varieties; and the introductory text 
of paragraph (a)(6) is revised to include the Madonna Sun, Prima Peach 
VIII, Prima Peach 20, and Saturn (Donut) peach varieties.
    This rule also revises Sec. 917.459 to remove 6 peach varieties 
from the variety-specific size requirements specified in that section, 
because less than 5,000 packages of this variety were produced during 
the 1997 season. In Sec. 917.459, the introductory text of paragraph 
(a)(5) is revised to remove the June Sun, Kingscrest, Kings Red, and 
Snow Flame peach varieties. The introductory text of paragraph (a)(6) 
of Sec. 917.459 is revised to remove the Prima Lady and Snow Ball 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 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 fruit sizes. This rule is designed to establish minimum size 
requirements for fresh peaches consistent with expected crop and market 
conditions.
    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 has determined 
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.
    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. Thus, both statutes have small 
entity orientation and compatibility.
    There are approximately 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 service firms, which includes handlers, 
are defined as those whose annual receipts are less than $5,000,000. 
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. A majority of these handlers and producers may be 
classified as small entities.
    Under Secs. 916.52 and 917.41 of the orders, grade, size, maturity, 
and container and pack requirements are established for fresh shipments 
of California nectarines and peaches, respectively. Such requirements 
are in effect on a continuing basis. This rule revises current 
requirements to: (1) correct the address for the CTFA; (2) modify the 
lot stamping requirements; (3) establish a single date by which 
handlers must file shipment reports; (4) define and provide dimensions 
for a new container; (5) simplify size marking requirements for the new 
container; (6) modify weight counts for early varieties; (7) authorize 
shipments of ``CA Utility'' quality fruit during the 1998 season; (8) 
standardize container inspection tolerances for mature and well-matured 
nectarines; (9) revise varietal maturity and size requirements to 
reflect recent changes in growing conditions; and (10) revise names of 
some patented nectarine and peach varieties consistent with name 
changes made by patent holders.
    In Sec. 917.110 of the peach order's rules and regulations, the 
address of the CTFA is listed for various communications (reports, 
applications,

[[Page 16037]]

submittals, requests, etc.). However, since the rule was published, the 
CTFA moved its offices from Sacramento to Reedley, California. Updating 
the address of the CTFA is a clarifying change which will have no 
practical impact on producers or handlers.
    In Secs. 916.115 and 917.150 of the nectarine and peach orders' 
rules and regulations, respectively, handlers are required to stamp 
containers of nectarines and peaches with the Federal-State Inspection 
Service lot stamp number after inspection and prior to shipment. Such a 
requirement is relatively easy and cost effective for larger handlers 
who pack sufficient numbers of containers in a day to warrant the 
presence of a full-time inspector who maintains control of the 
handler's lot stamp. However, for smaller handlers who do not pack 
sufficient numbers of containers in a day to warrant the presence of a 
full-time inspector assigned to their facility, the requirement for a 
lot stamp creates an unnecessary burden of increased packing time and 
costs. Containers packed and placed on pallets in the inspector's 
absence must be stamped after the inspector returns and performs an 
inspection on samples of those containers. The increased use of new 
container styles and a standardized pallet has created a nine-column 
configuration of stacked containers consisting of eight columns 
surrounding a ninth, center column. The center column is difficult to 
mark with the lot stamp since a portion of the other eight columns must 
be unstacked to allow access to the center column. Exempting the 
containers in the center column of the nine-column configuration from 
lot stamp marking requirements will decrease handling time and costs 
for smaller handlers who have only intermittent inspections in a day. 
This change should have a positive impact on the affected handlers. 
This exemption is currently estimated to affect fewer than 10 handlers 
and less than 10,000 boxes of nectarines and peaches.
    In Secs. 916.160 and 917.178 of the orders' rules and regulations, 
handlers are required to report shipments of each nectarine and peach 
variety, respectively, not later than the tenth day of the month 
following the month in which the varieties were shipped. Currently, 
handlers file approximately three shipment reports with the committees 
per season, resulting in approximately 750 shipment reports for 
nectarine handlers and approximately 900 shipment reports for peach 
handlers. Each shipment report is estimated to take one hour for 
handlers to complete. In an effort to make reporting less burdensome to 
handlers, the NAC and PCC recommended the establishment of a single 
date as a reporting deadline, no matter when shipments of each 
nectarine or peach variety were made. This single reporting deadline 
simplifies the reporting requirements so that handlers need only file 
one report each for nectarine and peach shipments upon conclusion of 
the handling season. This is a relaxation of the reporting requirements 
and burden for the benefit of handlers. This relaxation is estimated to 
reduce burden hours for nectarine handlers to approximately 250 hours 
from 750 hours and for peach handlers to approximately 300 from 900 
hours.
    In Secs. 916.350 and 917.442 of the rules regulating nectarines and 
peaches, respectively, several container types are identified by a 
name, such as 12B or 22G, and then further defined by their dimensions 
and weight-holding capacities. This rule defines and describes a new 
container, the No. 32 (shoebox), which is more easily configured to fit 
a standard 40 by 48 inch pallet. Both the container and the pallet are 
increasingly utilized by the industry because they are favored by 
retailers. The addition of this container to the orders' rules and 
regulations provides increased flexibility for handlers by providing 
yet another approved container for shipments of nectarines and peaches.
    Sections 916.350 and 917.442 of the orders' rules and regulations 
require specified container markings. To facilitate the use of the No. 
32 standard box and consumer packages, these container marking 
requirements are clarified by referencing the containers and simplified 
by eliminating one marking requirement for use on these containers. 
Eliminating the dual marking requirement will ease the burden on 
handlers.
    Consumer packages of nectarines and peaches are smaller boxes 
without adequate space on the outside ends for marking both the fruit 
size and count of fruit in the box. The No. 32 box has become the 
industry standard for tray-pack arrangements. Including both the size 
and count of fruit on these containers would be unnecessary since the 
number of fruit in the box is also the size of the fruit in the box. 
Requiring dual markings on these two boxes would place a burden on 
handlers who prefer to minimize markings on the outside of the boxes. 
Such markings on the outside of the boxes would be either the size of 
the fruit, e.g., ``88 size'' or ``80 size,'' or the count, e.g., ``88 
count'' or ``80 count,'' but not both, eliminating the requirement for 
dual markings on these containers. This is consistent with the rules 
and regulations of the orders and is a relaxation of the marking 
requirements.
    In Secs. 916.350 and 917.442 of the orders' rules and regulations 
concerning nectarines and peaches, respectively, the use of container 
markings is specified. Container markings based on weight standards 
differ for early-season nectarines and peaches, compared to those 
marketed later in the season. The NAC and PCC routinely conduct tests 
to determine the optimum weight-count standards for such early-season, 
mid-season, and late-season nectarines and peaches, respectively. 
Acting upon information from a handler of early-season nectarines and 
peaches, the NAC and PCC have determined that while early-season 
nectarines and peaches frequently attain a size to adequately fill the 
molded forms when tray-packed, early-season nectarines and peaches are 
not as dense as mid-season and late-season nectarines and peaches, and 
thus, fail to meet the current weight standards set for specified sizes 
when converted to volume-filled containers. When such tests were 
performed by the NAC and PCC in 1994 and 1995, early-season nectarines 
and peaches were not predominately packed in volume-filled containers. 
More commonly, early-season nectarines and peaches were packed in tray-
packs. As the practice of converting tray-packed containers of early-
season nectarines and peaches to volume-filled containers has 
increased, more information about the characteristics of early-season 
nectarines and peaches has come to light. Thus, the NAC and PCC have 
determined that the weight-count standards for five early-season 
nectarine and peach sizes need to be adjusted by adding one piece of 
fruit to the 16-pound sample of fruit of these sizes to accommodate 
volume-filled container shipments to the benefit of producers and 
handlers.
    Therefore, the NAC and PCC unanimously recommended modifications to 
the early-season weight-count standards for five sizes of nectarines 
and peaches by the addition of one piece of fruit to each weight-count 
standard currently in effect for sizes 56 to 72. Such a change modifies 
TABLE 1 of paragraphs (a)(4)(iv) in Secs. 916.350 and 917.442 of the 
regulations by adding an additional nectarine or peach, respectively, 
to sizes 56, 60, 64, 70, and 72. The change will permit handlers to 
more easily convert tray-packed nectarines and peaches to volume-filled 
containers and decrease

[[Page 16038]]

the handling costs associated with that conversion.
    In Secs. 916.350 and 917.442 of the orders regulating nectarines 
and peaches, respectively, lower-quality nectarines and peaches were 
authorized for shipment as ``CA Utility'' as an experiment for the 1996 
season only. Such authorization was continued during the 1997 season. 
This rule permits the continued use of ``CA Utility'' quality fruit for 
the 1998 season with a continued in-house statistical review to be 
conducted by the NAC and PCC. During the 1996 season, the Department 
authorized the shipment of nectarines and peaches which were of a lower 
quality than the minimum permitted for previous seasons. During 1996, 
there were 210,443 boxes of nectarines and 365,761 boxes of peaches 
packed as ``CA Utility,'' or 1.1 percent and 1.9 percent of fresh 
shipments, respectively. During 1997, there were 230,275 boxes of 
nectarines and 216,562 boxes of peaches packed as ``CA Utility,'' or 
1.1 percent and 1.0 percent of fresh shipments, respectively. Continued 
availability of ``CA Utility'' quality fruit is expected to have a 
positive impact on producers, handlers, and consumers by permitting 
more nectarines and peaches to be shipped into fresh market channels, 
without adversely impacting the market for higher quality fruit.
    This rule also standardizes the container tolerances for 
nectarines, with those currently in effect for peaches. Thus, the 
revision of the container tolerance for nectarines simplifies handling 
requirements for the industry.
    Sections 916.356 and 917.442 of the orders' rules and regulations 
for nectarines and peaches, respectively, currently establish minimum 
maturity levels. This rule makes annual adjustments to the maturity 
requirements for several varieties of nectarines and peaches. Maturity 
requirements are based on maturity measurements generally using 
maturity guides (e.g., color chips), as reviewed by SPI. Such maturity 
guides provide producers, handlers, and SPI with objective tools for 
measuring the maturity of different varieties of nectarines and 
peaches. Such maturity guides are reviewed annually by SPI to determine 
the appropriate guide for each nectarine and peach variety. These 
annual adjustments reflect changes in the maturity patterns of 
nectarines and peaches as experienced over the previous seasons' 
inspections. Adjustments in the guides ensure that fruit has met an 
acceptable level of maturity, thus ensuring consumer satisfaction while 
benefitting nectarine and peach producers and handlers.
    Currently, in Sec. 916.356 of the order's rules and regulations for 
nectarines and Sec. 917.459 of the order's rules and regulations for 
peaches, minimum sizes for various varieties of nectarines and peaches 
are established. This rule makes adjustments to the minimum sizes 
authorized for various varieties of nectarines and peaches for the 1998 
season. Minimum size regulations are put in place to allow fruit to 
stay on the tree for a greater length of time. This increased growing 
time not only improves maturity, but also improves fruit size. 
Increased fruit size increases the number of packed boxes per acre. 
Increased fruit size and maturity also provide greater consumer 
satisfaction and, therefore, more repeat purchases by consumers. Repeat 
purchases and consumer satisfaction benefit producers and handlers 
alike. Such adjustments to minimum sizes of nectarines and peaches are 
recommended each year by the NAC and PCC based upon historical data, 
and producer and handler information regarding sizes which the 
different varieties attain.
    This action does not impose any additional reporting and 
recordkeeping requirements on either small or large handlers. In fact, 
this action will reduce the reporting requirements and burden by 
allowing handlers to file only one report each for nectarine and peach 
shipments upon conclusion of the handling season. 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. In accordance with the Paperwork Reduction Act 
of 1995 (44 U.S.C. Chapter 35), the information collection requirements 
that are contained in Parts 916 and 917 have been previously approved 
by the Office of Management and Budget (OMB) and have been assigned OMB 
Nos. 0581-0072 and 0581-0080, respectively.
    The Department has not identified any relevant Federal rules that 
duplicate, overlap, or conflict with this rule. However, as previously 
stated, nectarines and peaches under the orders have to meet certain 
requirements set forth in the standards issued under the Agricultural 
Marketing Act of 1946 (7 U.S.C. 1621 through 1627). Standards issued 
under the Agricultural Marketing Act of 1946 are otherwise voluntary.
    In addition, the committees' meetings were widely publicized 
throughout the nectarine and peach industries and all interested 
parties were invited to attend the meetings and participate in 
committee deliberations on all issues. These meetings are held annually 
during the first week of December. Like all committee meetings, the 
December 4, 1997, meetings were public meetings and all entities, both 
large and small, were able to express views on these issues. The 
committees themselves are composed of producers, the majority of whom 
are small entities. Finally, interested persons are invited to submit 
information on the regulatory and informational impacts of this action 
on small businesses.
    After consideration of all relevant matters presented, the 
information and recommendations submitted by the committees, and other 
information, it is found that this interim final 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) California nectarine and peach producers 
and handlers should be apprised of this rule as soon as possible, since 
early shipments of these fruits are expected to begin about April 1; 
(2) this rule relaxes grade requirements for nectarines and peaches and 
size requirements for several nectarine and peach varieties;
    (3) California nectarine and peach handlers are aware of these 
revised 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 60-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:
    1. The authority citation for 7 CFR parts 916 and 917 continues to 
read as follows:

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


[[Page 16039]]



PART 916--NECTARINES GROWN IN CALIFORNIA

    2. Section 916.115 is revised to read as follows:


Sec. 916.115  Lot stamping.

    Except when loaded directly into railway cars, exempted under 
Sec. 916.110, or for nectarines mailed directly to consumers in 
consumer packages, all exposed or outside containers of nectarines, and 
not less than 75 percent of the total containers on a pallet, shall be 
plainly stamped, prior to shipment, with a Federal-State Inspection 
Service lot stamp number, assigned by such Service, showing that such 
fruit has been USDA inspected in accordance with Sec. 916.55.
    3. Section 916.160, paragraph (b) is revised to read as follows:


Sec. 916.160  Reporting procedure.

* * * * *
    (b) Recapitulation of shipments. Each shipper of nectarines shall 
furnish to the manager of the Nectarine Administrative Committee not 
later than November 15 of each year a recapitulation of shipments of 
each variety shipped during the just-completed season. The 
recapitulation shall show: The name of the shipper, the shipping point, 
the district of origin, the variety, and the number of packages, by 
size, for each container type.


Sec. 916.350  [Amended]

    4. Section 916.350 is amended by:
    (A) Revising paragraphs (a)(4)(i), (a)(4)(ii), and (a)(4)(iii);
    (B) Revising Table 1 in paragraph (a)(4)(iv);
    (C) Revising paragraph (a)(5);
    (D) Revising paragraph (b); and
    (E) Revising paragraph (d) to read as follows:


Sec. 916.350  California nectarine container and pack regulation.

    (a) * * *
    (4) * * *
    (i) The size of nectarines packed in molded forms (tray-packs) in 
the No. 22D and the No. 32 standard boxes, cartons, or consumer 
packages; No. 22G standard lug boxes, cartons; or the No. 12B fruit 
(peach) boxes or flats; and the size of wrapped nectarines packed in 
rows in No. 12B fruit (peach) boxes shall be indicated in accordance 
with the number of nectarines in each container, such as ``80 count,'' 
``88 count,'' etc.
    (ii) The size of nectarines in molded forms (tray-packs) in the No. 
22G standard lug boxes shall be indicated according to the number of 
such nectarines when packed in molded forms in the No. 22D standard lug 
box or the No. 32 standard box in accordance with the requirements of 
standard pack, such as ``80 size,'' ``88 size,'' etc., along with count 
requirements in paragraph (a)(4)(i) of this section.
    (iii) The size of nectarines loose-filled or tight-filled in any 
container shall be indicated according to the number of such nectarines 
when packed in molded forms in the No. 22D or No. 32 standard lug box 
in accordance with the requirements of standard pack, such ``80 size,'' 
``88 size,'' etc.
    (iv) * * *

 Table 1.--Weight-Count Standards for All Varieties of Nectarines Packed
               in Loose-Filled or Tight-Filled Containers               
------------------------------------------------------------------------
                                                             Column B-- 
                                                               Maximum  
                                                              number of 
                                                             nectarines 
                                                             in 16-pound
                                                               sample   
                                                             applicable 
                                                            to varieties
                                                            specified in
           Column A--Tray pack size designation              paragraphs 
                                                             (a)(2)(ii),
                                                             (a)(3)(ii),
                                                             (a)(4)(ii),
                                                             (a)(5)(ii),
                                                             (a)(7)(ii),
                                                                 and    
                                                             (a)(8)(ii) 
                                                               of Sec.  
                                                               916.356  
------------------------------------------------------------------------
108.......................................................           100
96........................................................            90
88........................................................            83
84........................................................            78
80........................................................            75
72........................................................            68
70........................................................            61
64........................................................            56
60........................................................            50
56........................................................            47
54........................................................            40
50........................................................            39
48........................................................            35
42........................................................            31
40........................................................            30
36........................................................            25
34........................................................            23
32........................................................            22
30........................................................            19
------------------------------------------------------------------------

* * * * *
    (5) Each No. 22D standard lug box, No. 22G standard lug box, or No. 
32 standard box of loose-filled nectarines shall bear on one outside 
end, in plain sight and in plain letters, the words ``25 pounds net 
weight.''
* * * * *
    (b) As used in this section, ``standard pack'' and ``fairly uniform 
in size'' shall have the same meaning as set forth in the U.S. 
Standards for Grades of Nectarines (Secs. 51.3145 to 51.3160) and all 
other terms shall have the same meaning as when used in the amended 
marketing agreement and order. A No. 12B standard fruit box measures 
2\3/8\ to 7\1/8\ x 11\1/2\ x 16\1/8\ inches, No. 22D standard lug box 
measures 2\7/8\ to 7\1/8\ x 13\1/2\ x 16\1/8\ inches, No. 22E standard 
lug box measures 8\3/4\ x 13\1/2\ x 16\1/8\ inches, No. 22G standard 
lug box measures 7\3/8\ to 7\1/2\ x 13\1/4\ x 15\7/8\ inches, No. 32 
standard box measures 5\3/4\ to 7\1/4\ x 12 x 19\3/4\ inches. All 
dimensions are given in depth (inside dimensions) by width by length 
(outside dimensions). ``Individual consumer packages'' means packages 
holding 15 pounds or less net weight of nectarines. ``Tree ripe'' means 
``tree ripened'' and fruit shipped and marked as ``tree ripe,'' ``tree 
ripened,'' or any similar terms using the words ``tree'' and ``ripe'' 
must meet the minimum California Well Matured standards.
* * * * *
    (d) During the period April 1 through October 31, 1998, each 
container or package when packed with nectarines meeting the CA Utility 
requirements, shall bear the words ``CA Utility,'' along with all other 
required container markings, in letters of \3/4\ inch minimum height on 
the visible display panel. Consumer bags or packages must also be 
clearly marked on the bag or package as ``CA Utility'' along with other 
required markings.
* * * * *
    5. Section 916.356 is amended by:
    A. Revising paragraph (a)(1) introductory text;
    B. Revising paragraph (a)(1)(iv) and Table 1 to paragraph 
(a)(1)(iv);
    C. Revising paragraphs (a)(2)(i), (a)(3)(i), (a)(4) introductory 
text, (a)(4)(i), (a)(5)(i), (a)(6) introductory text,(a)(6)(i), 
(a)(7)(i), (a)(8)(i), and (a)(9)(i); and
    D. Revising paragraph (c) to read as follows:


Sec. 916.356  California nectarine grade and size regulation.

    (a) * * *
    (1) Any lot or package or container of any variety of nectarines 
unless such nectarines meet the requirements of U.S. No. 1 grade: 
Provided, That nectarines 2 inches in diameter or smaller, shall not 
have fairly light-colored, fairly smooth scars which exceed an 
aggregate area of a circle \3/8\ inch in diameter, and nectarines 
larger than 2 inches in diameter shall not have fairly light-colored, 
fairly smooth scars which exceed an aggregate area of a circle \1/2\ 
inch in diameter: Provided further, That an additional tolerance of 25 
percent shall be permitted for fruit that is not well formed but not 
badly misshapen: Provided further, That all varieties of nectarines 
which fail to meet the U.S.

[[Page 16040]]

No. 1 grade only on account of lack of blush or red color due to 
varietal characteristics shall be considered as meeting the 
requirements of this subpart: Provided further, That during the period 
April 1 through October 31, 1998, any handler may handle nectarines if 
such nectarines meet ``CA Utility'' quality requirements. The term ``CA 
Utility'' means that not more than 30 percent of the nectarines in any 
container meet or exceed the requirements of the U.S. No. 1 grade and 
that such nectarines are mature and are:
* * * * *
    (iv) The Federal or Federal-State Inspection Service shall make 
final determinations on maturity through the use of color guides or 
such other tests as determined appropriate by the inspection agency. 
The Federal or Federal-State Inspection Service will use the maturity 
guides listed in Table 1 to Paragraph (a)(1)(iv) in making maturity 
determinations for the specified varieties when inspecting to the 
``well matured'' level of maturity. For these varieties, not less than 
90 percent of any lot shall meet the color guide established for the 
variety, and an aggregate area of not less than 90 percent of the fruit 
surface shall meet the color guide established for the variety, except 
that for the Tom Grand variety of nectarines, not less than an 
aggregate area of 80 percent of the fruit surface shall meet the color 
guide established for the variety. For varieties not listed, the 
Federal or Federal-State Inspection Service will use such tests as it 
deems proper. A variance for any variety from the application of the 
maturity guides specified in Table 1 to paragraph (a)(1)(iv) may be 
granted during the season to reflect changes in crop, weather, or other 
conditions that would make the specified guides an inappropriate 
measure of ``well matured.''

                     Table 1 to paragraph (a)(1)(iv)                    
------------------------------------------------------------------------
              Column A variety                 Column B maturity guide  
------------------------------------------------------------------------
Alshir Red.................................  J                          
Apache.....................................  G                          
April Glo..................................  H                          
Arm King...................................  B                          
August Glo.................................  L                          
August Lion................................  J                          
August Red.................................  J                          
Aurelio Grand..............................  F                          
Autumn Delight.............................  L                          
Autumn Grand...............................  L                          
Big Jim....................................  J                          
Bob Grand..................................  L                          
Diamond Ray................................  L                          
Earliglo...................................  I                          
Early Diamond..............................  J                          
Early May..................................  F                          
Early May Grand............................  H                          
Early Red Jim..............................  J                          
Early Sungrand.............................  H                          
Fairlane...................................  L                          
Fantasia...................................  J                          
Firebrite..................................  H                          
Flamekist..................................  L                          
Flaming Red................................  K                          
Flavor Grand...............................  G                          
Flavortop..................................  J                          
Flavortop I................................  K                          
Grand Diamond..............................  L                          
Independence...............................  H                          
July Red...................................  L                          
June Brite.................................  I                          
Juneglo....................................  H                          
Kay Diamond................................  L                          
King Jim...................................  L                          
Kism Grand.................................  J                          
Late Le Grand..............................  L                          
Late Red Jim...............................  J                          
Maybelle...................................  F                          
May Diamond................................  I                          
May Fire...................................  H                          
Mayglo.....................................  H                          
May Grand..................................  H                          
May Jim....................................  I                          
May Kist...................................  H                          
May Lion...................................  J                          
Mid Glo....................................  L                          
Mike Grand.................................  H                          
Moon Grand.................................  L                          
Niagara Grand..............................  H                          
Pacific Star...............................  G                          
P-R Red....................................  L                          
Red Diamond................................  L                          
Red Delight................................  I                          
Red Fred...................................  J                          
Red Free...................................  L                          
Red Glen...................................  J                          
Red Glo....................................  I                          
Red Grand..................................  H                          
Red Jim....................................  L                          
Red May....................................  J                          
Rio Red....................................  L                          
Rose Diamond...............................  J                          
Royal Delight..............................  F                          
Royal Giant................................  I                          
Royal Glo..................................  I                          
Ruby Diamond...............................  L                          
Ruby Grand.................................  J                          
Ruby Sun...................................  J                          
Scarlet Red................................  K                          
September Grand............................  L                          
September Red..............................  L                          
Sheri Red..................................  J                          
Son Red....................................  L                          
Sparkling June.............................  L                          
Sparkling May..............................  J                          
Sparkling Red..............................  L                          
Spring Bright..............................  L                          
Spring Diamond.............................  L                          
Spring Red.................................  H                          
Star Brite.................................  J                          
Summer Beaut...............................  H                          
Summer Blush...............................  J                          
Summer Bright..............................  J                          
Summer Diamond.............................  L                          
Summer Fire................................  L                          
Summer Grand...............................  L                          
Summer Lion................................  L                          
Summer Red.................................  L                          
Summer Star................................  G                          
Sunburst...................................  J                          
Sun Diamond................................  I                          
Sunfre.....................................  F                          
Sun Grand..................................  G                          
Super Star.................................  G                          
Tasty Gold.................................  H                          
Tom Grand..................................  L                          
Zee Glo....................................  J                          
Zee Grand..................................  I                          
------------------------------------------------------------------------

    Note: Consult with the Federal or Federal-State Inspection 
Service Supervisor for the maturity guides applicable to the 
varieties not listed above.
* * * * *
    (2) * * *
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 108 nectarines in the box; or
* * * * *
    (3) * * *
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 96 nectarines in the box; or
* * * * *
    (4) Any package or container of Arctic Glo, Arctic Rose, Arctic 
Star, Diamond Bright, Early May, June Brite, Juneglo, June Pearl, Kay 
Glo, May Diamond, May Grand, May Lion, Pacific Star, Prima Diamond IV, 
Prima Diamond VI, Prima Diamond 13, Prince Jim, Red Delight, Red Glo, 
Rose Diamond, Royal Glo, Sparkling May, Star Brite, or Zee Grand 
variety nectarines unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 88 nectarines in the box; or
* * * * *
    (5) * * *
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a

[[Page 16041]]

standard pack, not more than 84 nectarines in the box; or
* * * * *
    (6) Any package or container of Alshir Red, Alta Red, Arctic Pride, 
Arctic Queen, Arctic Snow (White Jewel), Arctic Sweet, August Glo, 
August Lion, August Red, August Snow, Autumn Delight, Big Jim, Brite 
Pearl, Crystal Rose, Diamond Ray, Early Red Jim, Fairlane, Fantasia, 
Firebrite, Fire Pearl, Flame Glo, Flamekist, Flaming Red, Flavor Grand, 
Flavortop, Flavortop I, Grand Diamond, Honey Kist, How Red, July Red, 
Kay Diamond, King Jim, Late How Red, Late Red Jim, Mid Glo, Moon Grand, 
Niagara Grand, P-R Red, Prima Diamond IX, Prima Diamond XVI, Prima 
Diamond XVIII, Prima Diamond XXIV, Prima Diamond XIX, Red Diamond, Red 
Fred, Red Free, Red Glen, Red Jim, Rio Red, Royal Giant, Ruby Diamond, 
Ruby Grand, Scarlet Red, September Grand, September Red, Sparkling 
June, Sparkling Red, Spring Bright, Spring Diamond, Spring Red, Summer 
Beaut, Summer Blush, Summer Bright, Summer Diamond, Summer Fire, Summer 
Grand, Summer Lion, Summer Red, Summer Star, Sunburst, Sun Diamond, 
Super Star, or Zee Glo variety nectarines unless:
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 80 nectarines in the box, or if the nectarines are ``well 
matured,'' not more than 84 nectarines in the box; or
* * * * *
    (7) * * *
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 96 nectarines in the box; or
* * * * *
    (8) * * *
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 88 nectarines in the box; or
* * * * *
    (9) * * *
    (i) Such nectarines, when packed in molded forms (tray packs) in a 
No. 22D standard lug box or a No. 32 standard box, are of a size that 
will pack, in accordance with the requirements of a standard pack, not 
more than 80 nectarines in the box or, if the nectarines are ``well 
matured,'' not more than 84 nectarines in the box; or
* * * * *
    (c) Container tolerances. The contents of individual packages in 
the lot are subject to the following limitations, provided the averages 
for the entire lot are within the tolerances specified in this part:
    (1) For packages which contain more than 10 pounds, and a tolerance 
of 10 percent or more is provided, individual packages shall have not 
more than one and one-half times the tolerance specified. For packages 
which contain more than 10 pounds and a tolerance of less than 10 
percent is provided, individual packages shall have not more than 
double the tolerance specified.
    (2) For packages which contain 10 pounds or less, individual 
packages are not restricted as to the percentages of defects.
* * * * *

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

    6. Section 917.110 is revised to read as follows:


Sec. 917.110  Communications.

    Unless otherwise prescribed in this subpart, or in the marketing 
agreement and order, or required by the Control Committee, or a 
particular commodity committee, all reports, applications, submittals, 
requests, and communications in connection with the marketing agreement 
and order shall be addressed as follows:

    Control Committee, California Tree Fruit Agreement, P.O. Box 
968, Reedley, CA, 93654-0968.

    7. Section 917.150 is revised to read as follows:


Sec. 917.150  Lot stamping.

    Except when loaded directly into railway cars, exempted under 
Sec. 917.143, or for peaches mailed directly to consumers in consumer 
packages, all exposed or outside containers of peaches, but not less 
than 75 percent of the total containers on a pallet, shall be plainly 
stamped, prior to shipment, with a Federal-State Inspection Service lot 
stamp number, assigned by such Service, showing that such fruit has 
been USDA inspected in accordance with Sec. 917.45.
    8. Section 917.178, paragraph (b) is revised to read as follows:


Sec. 917.178  Peaches.

* * * * *
    (b) Recapitulation of shipments. Each shipper of peaches shall 
furnish to the manager of the Control Committee not later than November 
15 of each year a recapitulation of shipments of each variety shipped 
during the just-completed season. The recapitulation shall show: The 
name of the shipper, the shipping point, the district of origin, the 
variety, and the number of packages, by size, for each container type.
    9. Section 917.442 is amended by:
    (A) Revising paragraphs (a)(4)(i), (a)(4)(ii), and (a)(4)(iii);
    (B) Revising Table 1 in paragraph (a)(4)(iv);
    (C) Revising paragraph (a)(6);
    (D) Revising paragraph (b); and
    (E) Revising paragraph (d) to read as follows:


Sec. 917.442  California peach container and pack regulation.

    (a) * * *
    (4) * * *
    (i) The size of peaches packed in molded forms (tray-packs) in the 
No. 22D and No. 32 standard boxes, cartons, or consumer packages; No. 
22G standard lug boxes, experimental containers, cartons; or No. 12B 
fruit (peach) boxes or flats; and the size of wrapped peaches packed in 
rows in No. 12B fruit (peach) boxes shall be indicated in accordance 
with the number of peaches in each container, such as ``80 count,'' 
``88 count,'' etc.
    (ii) The size of peaches in molded forms in experimental containers 
shall be indicated according to the number of such peaches when packed 
in molded forms in the No. 22D standard lug box or the No. 32 standard 
box in accordance with the requirements of standard pack, such as ``80 
size,'' ``88 size,'' etc., along with the count requirements in 
paragraph (a)(4)(i) of this section.
    (iii) The size of peaches loose-filled or tight-filled in any 
container shall be indicated according to the number of such peaches 
when packed in molded forms in No. 22D or No. 32 standard boxes, in 
accordance with the requirements of standard pack, such as ``80 size,'' 
``88 size,'' etc.
    (iv) * * *

 Table 1--Weight-Count Standards for All Varieties of Peaches Packed in 
                 Loose-Filled or Tight-Filled Containers                
------------------------------------------------------------------------
                                                                 Column 
                           Column A1                               B2   
------------------------------------------------------------------------
96............................................................        96
88............................................................        92
84............................................................        83
80............................................................        76
72............................................................        69
70............................................................        65
64............................................................        57

[[Page 16042]]

                                                                        
60............................................................        51
56............................................................        47
54............................................................        44
50............................................................        39
48............................................................        35
42............................................................        31
40............................................................        30
36............................................................        27
34............................................................        25
32............................................................        23
30............................................................       21 
------------------------------------------------------------------------
1Tray Pack Size Designation.                                            
2Maximum Number of Peaches in a 16-pound Sample Applicable to Varieties 
  Specified in Paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(iii),          
  (a)(5)(ii), and (b)(3) of Sec. 917.459.                               

* * * * *
    (6) Each No. 22D standard lug box or No. 32 standard box of loose-
filled peaches shall bear on one outside end, in plain sight and in 
plain letters, the words ``25 pounds net weight.''
* * * * *
    (b) As used in this section, ``standard pack'' and ``fairly uniform 
in size'' shall have the same meaning as set forth in the U.S. 
Standards for Grade of Peaches (Secs. 51.1210 to 51.1223) and all other 
terms shall have the same meaning as when used in the amended marketing 
agreement and order. A No. 12B standard fruit box measures 2\3/8\ to 
7\1/8\  x  11\1/2\  x  16\1/8\ inches, No. 22D standard lug box 
measures 2\7/8\ to 7\1/8\  x  13\1/2\  x  16\1/8\ inches, No. 22E 
standard lug box measures 8\3/4\  x  13\1/2\  x  16\1/8\ inches, No. 
22G standard lug box measures 7\3/8\ to 7\1/2\  x  13\1/4\  x  15\7/8\ 
inches, No. 32 standard box measures 5\3/4\ to 7\1/4\  x  12  x  19\3/
4\ inches. All dimensions are given in depth (inside dimensions) by 
width by length (outside dimensions). ``Individual consumer packages'' 
means packages holding 15 pounds or less net weight of peaches. ``Tree 
ripe'' means ``tree ripened'' and fruit shipped and marked as ``tree 
ripe,'' ``tree ripened,'' or any similar terms using the words ``tree'' 
and ``ripe'' must meet the minimum California Well Matured standards.
* * * * *
    (d) During the period April 1 through November 23, 1998, each 
container or package when packed with peaches meeting CA Utility 
requirements, shall bear the words ``CA Utility,'' along with all other 
required container markings, in letters of \3/4\ inch minimum height on 
the visible display panel. Consumer bags or packages must also be 
clearly marked on the bag or package as ``CA Utility'' along with other 
required markings.
* * * * *
    10. Section 917.459 is amended by:
    (A) Revising paragraph (a)(1) introductory text;
    (B) Revising Table 1 to paragraph (a)(1)(iv);
    (C) Redesignating paragraphs (a)(2), (a)(3), (a)(4), and (a)(5), as 
paragraphs (a)(3), (a)(4), (a)(5), and (a) (6), respectively, and 
adding a new paragraph (a)(2); and
    (D) Revising newly redesignated paragraphs (a)(3)(i), 
(a)(5)introductory text, (a)(5)(i), (a)(6) introductory text, 
(a)(6)(i), and paragraph (b) introductory text, (b)(1), (c) 
introductory text, and (c)(1) to read as follows:


Sec. 917.459  California peach grade and size regulation.

    (a) * * *
    (1) Any lot or package or container of any variety of peaches 
unless such peaches meet the requirements of U.S. No. 1 grade: 
Provided, That an additional 25 percent tolerance shall be permitted 
for fruit with open sutures which are damaged, but not seriously 
damaged: Provided further, That during the period April 1 through 
November 23, 1998, any handler may handle peaches if such peaches meet 
``CA Utility'' quality requirements. The term ``CA Utility'' means that 
not more than 30 percent of the peaches in any container meet or exceed 
the requirements of the U.S. No. 1 grade and that such peaches are 
mature and are:
* * * * *
    (iv) * * *

                     Table 1 to paragraph (a)(l)(iv)                    
------------------------------------------------------------------------
              Column A--Variety                Column B--Maturity guide 
------------------------------------------------------------------------
Ambercrest..................................  G                         
Angelus.....................................  I                         
August Lady.................................  L                         
August Sun..................................  I                         
Autumn Crest................................  I                         
Autumn Gem..................................  I                         
Autumn Lady.................................  H                         
Autumn Rose.................................  I                         
Belmont (Fairmont)..........................  I                         
Berenda Sun.................................  I                         
Blum's Beauty...............................  G                         
Cal Red.....................................  I                         
Carnival....................................  I                         
Cassie......................................  H                         
Coronet.....................................  E                         
Crimson Lady................................  J                         
Crown Princess..............................  J                         
David Sun...................................  I                         
Diamond Princess............................  J                         
Early Delight...............................  H                         
Early Elegant Lady..........................  L                         
Early May Crest.............................  H                         
Early O'Henry...............................  I                         
Early Top...................................  G                         
Elberta.....................................  B                         
Elegant Lady................................  L                         
Fairtime....................................  G                         
Fancy Lady..................................  J                         
Fay Elberta.................................  C                         
Fayette.....................................  I                         
Fire Red....................................  I                         
First Lady..................................  D                         
Flamecrest..................................  I                         
Flavorcrest.................................  G                         
Flavor Queen................................  H                         
Flavor Red..................................  G                         
Franciscan..................................  G                         
Goldcrest...................................  H                         
Golden Crest................................  H                         
Golden Lady.................................  F                         
Honey Red...................................  G                         
John Henry..................................  J                         
July Elberta................................  C                         
June Lady...................................  G                         
June Pride..................................  J                         
June Sun....................................  H                         
Kern Sun....................................  H                         
Kingscrest..................................  H                         
Kings Lady..................................  I                         
Kings Red...................................  I                         
Lacey.......................................  I                         
Mary Anne...................................  G                         
May Crest...................................  G                         
May Sun.....................................  I                         
Merrill Gem.................................  G                         
Merrill Gemfree.............................  G                         
O'Henry.....................................  I                         
Pacifica....................................  G                         
Parade......................................  I                         
Pat's Pride.................................  D                         
Prima Lady..................................  J                         
Queencrest..................................  G                         
Ray Crest...................................  G                         
Red Cal.....................................  I                         
Red Dancer (Red Boy)........................  I                         
Redhaven....................................  G                         
Red Lady....................................  G                         
Redtop......................................  G                         
Regina......................................  G                         
Rich Lady...................................  J                         
Rich May....................................  H                         
Rich Mike...................................  H                         
Rio Oso Gem.................................  I                         
Royal Lady..................................  J                         
Royal May...................................  G                         
Ruby May....................................  H                         
Ryan Sun....................................  I                         
Scarlet Lady................................  F                         
September Sun...............................  I                         
Sierra Crest................................  H                         
Sierra Lady.................................  I                         
Sparkle.....................................  I                         
Springcrest.................................  G                         
Spring Lady.................................  H                         
Springold...................................  D                         
Sugar Lady..................................  J                         
Summer Lady.................................  L                         
Summerset...................................  I                         

[[Page 16043]]

                                                                        
Suncrest....................................  G                         
Topcrest....................................  H                         
Tra Zee.....................................  J                         
Willie Red..................................  G                         
Zee Lady....................................  L                         
------------------------------------------------------------------------

    Note: Consult with the Federal or Federal-State Inspection 
Service Supervisor for the maturity guides applicable to the 
varieties not listed above.
* * * * *
    (2) Any package or container of Earlitreat or Lady Sue variety 
peaches unless:
    (i) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 96 peaches in the box; or
    (ii) Such peaches in any container when packed other than as 
specified in paragraph (a)(2)(i) of this section are of a size that a 
16-pound sample, representative of the peaches in the package or 
container, contains not more than 96 peaches.
    (3) * * *
    (i) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 88 peaches in the box; or
* * * * *
    (5) Any package or container of Babcock, Crimson Lady, Crown 
Princess, David Sun, Early May Crest, Flavorcrest, Golden Crest, Honey 
Red, June Lady, Kern Sun, May Crest, May Sun, Merrill Gemfree, Pink 
Rose, Prima Peach IV, Queencrest, Ray Crest, Redtop, Rich May, Rich 
Mike, Snow Brite, Springcrest, Spring Lady, Spring Snow, Sugar May, 
Sweet Gem, Sweet Scarlet, or White Dream variety of peaches unless:
    (i) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 80 peaches in the box; or
* * * * *
    (6) Any package or container of Amber Crest, August Lady, August 
Sun, Autumn Crest, Autumn Flame, Autumn Gem, Autumn Lady, Autumn Rose, 
Belmont (Fairmont), Berenda Sun, Blum's Beauty, Cal Red, Carnival, 
Cassie, Champagne, Diamond Princess, Early Elegant Lady, Early O'Henry, 
Elegant Lady, Fairtime, Fancy Lady, Fay Elberta, Fire Red, Flamecrest, 
John Henry, July Sun, June Pride, Kaweah, Kings Lady, Lacey, Late Ito 
Red, Madonna Sun, Mary Anne, O'Henry, Prima Gattie, Prima Peach VIII, 
Prima Peach 20, Red Dancer, Red Sun, Rich Lady, Royal Lady, Ryan Sun, 
Saturn (Donut), Scarlet Snow, September Snow, September Sun, Sierra 
Lady, Snow Diamond, Snow Giant, Snow King, Sparkle, Sprague Last 
Chance, Sugar Giant, Sugar Lady, Summer Lady, Summer Sweet, Summer Zee, 
Suncrest, Tra Zee, Vista, White Lady, or Zee Lady variety of peaches 
unless:
    (i) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
than 72 peaches in the box, or, if the peaches are ``well matured,'' 
not more than 80 peaches in the box; or
* * * * *
    (b) During the period April 1 through June 30 of each fiscal 
period, no handler shall handle any package or container of any variety 
of peaches not specifically named in paragraphs (a)(2), (a)(3), (a)(4), 
(a)(5), or (a)(6) of this section unless:
    (1) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 96 peaches in the box; or
* * * * *
    (c) During July 1 through October 31 of each fiscal period, no 
handler shall handle any package or container of any variety of peaches 
not specifically named in paragraphs (a)(2), (a)(3), (a)(4), (a)(5), or 
(a)(6) of this section unless:
    (1) Such peaches when packed in molded forms (tray packs) in a No. 
22D standard lug box or a No. 32 standard box are of a size that will 
pack, in accordance with the requirements of standard pack, not more 
that 80 peaches in the box; or
* * * * *
    Dated: March 26, 1998
Robert C. Keeney ,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 98-8435 Filed 3-30-98; 8:45 am]
BILLING CODE 3410-02-P