[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Proposed Rules]
[Pages 14642-14648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7474]


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 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 64, No. 58 / Friday, March 26, 1999 / 
Proposed Rules  

[[Page 14642]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 944

[Docket No. FV-97-916-1 PR]


Fruits; Import Regulations; Proposed Nectarine Import 
Requirements

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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SUMMARY: This proposed rule would establish minimum quality, size, and 
maturity requirements for fresh nectarines offered for importation into 
the United States during the months of April through October. The 
proposed import requirements would be implemented in accordance with 
Section 8e of the Agricultural Marketing Agreement Act of 1937, which 
requires that whenever certain specified commodities, including 
nectarines, are regulated under a Federal marketing order, imports of 
those commodities must meet the same or comparable grade, quality, 
size, and maturity requirements as those in effect for the domestically 
produced commodity.

DATES: Comments must be received by May 26, 1999.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Comments must be sent to the Docket 
Clerk, Fruit and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 
2523-S, Washington, DC 20090-6456; FAX # (202) 720-5698; or E-mail: 
[email protected]. 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 in the Office of the 
Docket Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT: Anne M. Dec, Marketing Order 
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. 
Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: (202) 
720-2491; Fax # (202) 720-5698. Small businesses may request 
information on complying with this regulation by contacting: Jay 
Guerber, Marketing Order Administration Branch, Fruit and Vegetable 
Programs, AMS, USDA, P.O. Box 96456, Room 2523-S, Washington, D.C. 
20090-6456; telephone: (202) 720-2491, Fax # (202) 720-5698, or E-mail: 
Jay__N__G[email protected]. You may also view our web site: http://
www.ams.usda.gov/fv/moab8e.html.

SUPPLEMENTARY INFORMATION: This proposed rule is issued under section 
8e of the Agricultural Marketing Agreement Act of 1937, as amended (7 
U.S.C. 601-674), hereinafter referred to as the ``Act,'' which provides 
that whenever certain specified commodities, including nectarines, are 
regulated under a Federal marketing order, imports of these commodities 
into the United States are prohibited unless they meet the same or 
comparable grade, quality, size, and maturity requirements as those in 
effect for the domestically produced commodities.
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. This proposed rule is not intended to have 
retroactive effect. This proposed rule will not preempt any State or 
local laws, regulations, or policies, unless they present an 
irreconcilable conflict with this rule.
    There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of import regulations 
issued under section 8e of the Act.
    This proposed rule would establish minimum quality, size, and 
maturity requirements for fresh nectarines offered for importation into 
the United States from April 1 through October 31 each year. The 
proposed import requirements would be implemented in accordance with 
section 8e of the Act.
    Virtually all U.S. commercial shipments of fresh nectarines are 
regulated under Marketing Order No. 916 (order) which covers nectarines 
grown in California. The order has been in effect for more than 37 
years. Grade, quality, size, and maturity requirements are in effect 
under the order for fresh market shipments during the period April 1 
through October 31. These requirements are designed to increase 
nectarine sales by providing stable marketing conditions and ensuring 
that good quality fruit is shipped, thus promoting consumer 
satisfaction. The California nectarine season begins April 1 and ends 
October 31. The current handling regulation for these nectarines 
appears at 7 CFR 916.356. The most recent revisions to that regulation 
were published at 63 FR 16032, 63 FR 44363, 63 FR 50461, and 63 FR 
60209. Proposed revisions to that regulation were published in the 
Federal Register on March 8, 1999, at 64 FR 11346.
    There is no other Federal marketing order in effect for nectarines 
produced in the United States. Thus, the requirements for imported 
nectarines would be based on those in effect for California nectarines.
    Most nectarines imported into the United States originate in Chile. 
The Chilean fresh nectarine season extends from November through mid-
April, with most active shipments to the United States occurring 
between January and March. Fresh nectarine imports from Chile, while 
relatively small when compared with total domestic production, fill to 
a great extent the gap in supplies during the winter months. Most 
Chilean imports enter the United States when there are no domestic 
nectarine shipments and no regulations are in effect.
    This proposed action would add a new Sec. 944.800 under 7 CFR Part 
944--Fruits; Import Regulations to establish minimum quality, size, and 
maturity requirements for fresh nectarines imported into the United 
States.
    This proposed rule would provide that from April 1 through October 
31 of each year, fresh nectarines imported into the United States would 
be subject to minimum quality, size, and maturity requirements. This is 
the same period that such requirements are in effect for fresh 
California nectarines under the order. Imports arriving before the 
domestic commodity's shipping season begins or after the domestic 
commodity's shipping season ends would not be subject to the proposed 
import requirements. In recent seasons, nectarines have been imported 
beginning in November and ending in mid-April. Most imported nectarines

[[Page 14643]]

would, therefore, not be covered by these proposed requirements.
    This rule proposes that nectarines imported into the United States 
meet a minimum quality requirement of ``CA Utility,'' which is 
established under the order. Under the order, containers of such 
quality fruit must be clearly labeled ``CA Utility.'' No such labeling 
requirement is being proposed for nectarines imported into the United 
States, however, because section 8e of the Act does not authorize 
container regulations for imports.
    This action also proposes that nectarines imported into the United 
States meet minimum size requirements. The minimum size requirement for 
each nectarine variety would specify a maximum number of nectarines 
permitted in a 16-pound sample. Under the order, minimum size 
requirements are specified by variety, and are based on the maximum 
number of nectarines permitted in a 16-pound sample of each variety. 
The minimum size requirement for an imported nectarine variety would be 
the same fruit count per 16-pound sample as that specified for that 
variety under the domestic handling regulation for nectarines.
    The maximum number of nectarines in a 16-pound sample would range 
from a count of 67 to 100, depending on the variety. The nectarines in 
the 16-pound sample would have to be representative of the nectarines 
in the package or container and, to meet minimum requirements, the 
sample could not contain more than the specified number of nectarines 
for that variety. For the purposes of simplification, this proposed 
rule lists alphabetically, in a table under proposed Sec. 944.800, the 
nectarine varieties with their corresponding 16-pound sample counts.
    Nectarine varieties not specifically listed in the size table would 
also be subject to minimum size requirements, which would vary by time 
of year. From April 1 through May 31, the maximum number of such 
nectarines in a 16-pound sample would be 90; from June 1 through June 
30, the maximum number would be 83; and from July 1 through October 31, 
the maximum would be 67 nectarines. This is comparable to the 
requirements under the California nectarine order.
    Under the order, nectarines must be ``mature'' as defined in the 
United States Standards for Grades of Nectarines (7 CFR 51.3145 through 
51.3160) (Standards). The Standards define ``mature'' to mean that the 
nectarine has reached the stage of growth that will insure a proper 
completion of the ripening process. A higher level of maturity, called 
``well-matured,'' is also defined in the order. For certain varieties, 
the minimum size requirements are based upon the degree of maturity of 
the fruit, with smaller nectarines being authorized for shipment if 
they meet the higher maturity standard. For example, a 16-pound sample 
of the Fantasia variety may not have more than 67 nectarines if the 
fruit is mature. However, if the fruit is ``well-matured,'' the sample 
may have up to 75 nectarines.
    Under the order, maturity guides known as color chips are used to 
determine whether certain specified varieties of nectarines meet the 
well-matured standard. It would be impractical to use these particular 
color chips to determine whether imported nectarines meet the well-
matured requirement, because the color chips were assigned based on the 
nectarine growing conditions occurring in California. Chile is the 
principle source of nectarines imported into the United States. 
Climatic differences between Chile and California make it inappropriate 
to use the color chips developed for California nectarines as a measure 
of maturity of imported nectarines.
    This proposed rule provides for the same minimum size requirements 
as those in place for California nectarines. This includes different 
minimum size requirements for certain varieties depending on the level 
of maturity. While color chips are not included as maturity guides, 
there are other criteria used to determine the level of maturity of 
California nectarines that are appropriate for use in ascertaining the 
maturity of imported nectarines as well.
    For example, the characteristics of ``mature'' nectarines are that 
they are light green in color and their shoulders are well-rounded and 
filled out. Such fruit is normally unyielding to ordinary hand 
pressure, and exhibit a slight resistance to a knife cut. These 
nectarines have flesh that is somewhat granular in appearance and is 
light green to breaking yellow.
    Fruit determined to be ``well-matured'' are light greenish yellow 
to yellow in color, with well-rounded shoulders that are completely 
filled out. ``Well-matured'' nectarines give slightly to ordinary hand 
pressure and exhibit little or no resistance to a knife cut. The flesh 
shows little or no granulation and is yellow or straw-colored.
    This rule also proposes a procedure to be used in determining 
whether nectarines meet the minimum size requirements specified for 
each size category when applying the 16-pound sample requirement. 
Requirements for use of an 8-pound sample are provided under the 
marketing order. Under this procedure, a sample consisting of one-half 
of the specified number of fruit for a 16-pound sample for a particular 
size category would be used, provided such sample weighs at least 8 
pounds. The count in the 8-pound sample would be multiplied by 2 to 
determine if it meets the 16-pound requirement. When one-half the 
specified number of fruit in a sample results in a number ending with 
one-half a fruit, the smaller full number of fruit would be used to 
determine the sample weight. If a sample failed with respect to minimum 
size requirements on the basis of an 8-pound sample, a full 16-pound 
sample would be used to determine if the fruit meets the minimum size 
requirements.
    Importers would be responsible for arranging for the required 
inspection and certification of such nectarines prior to importation. 
Importation is defined to mean release from custody of the United 
States Customs Service. Such inspection services are available on a 
fee-for-service basis. This action could, therefore, result in 
increased costs associated with importing fresh nectarines. The 
additional costs should be offset, however, by the benefits accrued by 
ensuring that only acceptable quality fruit is present in the United 
States marketplace. Such quality assurance promotes buyer satisfaction 
and increased sales.
    This proposed rule would provide a limited quantity exemption from 
the import requirements specified herein. Individual shipments of 200 
pounds or less would be excluded from the proposed quality, size, 
maturity, and inspection requirements. Additionally, fresh nectarines 
imported for consumption by charitable institutions, distribution by 
relief agencies, or commercial processing into products would be exempt 
from the proposed import requirements. Similar exemptions are provided 
under the order.
    To ensure that fresh nectarines imported exempt from the quality, 
size, and maturity requirements are used in exempt outlets, this rule 
proposes that such nectarines be subject to the safeguard procedures 
for imported fruit established in Sec. 944.350.
    Under these procedures, an importer wishing to import nectarines 
covered herein for exempt uses would complete, in quaduplicate, an 
``Importer's Exempt Commodity Form (FV-6).'' The first copy would be 
presented to the U.S. Customs Service at the port of entry. The second 
copy would be mailed or sent via fax to the Marketing Order 
Administration Branch (MOAB) within

[[Page 14644]]

2 days of the entry of the shipment. The third copy would accompany the 
exempt lot to the receiver, who would certify that the lot has been 
received and it will be used in an exempt outlet. After the 
certification is signed by the receiver, the form would be returned to 
MOAB by the receiver within 2 days of receipt of the lot. The fourth 
copy would be retained by the importer.
    The FV-6 form is currently used by importers of many other fruits 
and vegetables. The proposed rule could increase the reporting burden 
for a small number of importers and receivers of nectarines who would 
complete the FV-6 form, taking about 0.166 hour to complete each 
report. The additional burden is already accounted for in the 
information collection submitted for the FV-6 form. This form has been 
previously approved by the Office of Management and Budget (OMB) under 
OMB control number 0581-0167. Because of the different domestic (April-
October) and import (November-April) seasons, the impact of the 8e 
requirements should be insignificant. Since imports of nectarines end 
during April, the impact of this action on importers would be minimal.
    FV-6 forms can be obtained from MOAB by calling (202) 720-2491 or 
sending a fax to (202) 720-5698. The form would be completed at the 
time the commodity enters the United States. Information called for on 
the ``Importer's Exempt Commodity Form'' includes:
    (1) The commodity and the variety (if known) being imported,
    (2) The date and place of inspection if used to enter failing 
product or culls as exempt, (include a copy of the inspection 
certificate),
    (3) Identifying marks or numbers on the containers,
    (4) Identifying numbers on the railroad car, truck or other 
transportation vehicle transporting product to the receiver,
    (5) The name and address of the importer,
    (6) The place and date of entry,
    (7) The quantity imported (in pounds or kilograms),
    (8) The name and address of the intended receiver (e.g., processor, 
charity, or other exempt receiver),
    (9) The intended use of the exempt commodity,
    (10) The U.S. Customs Service entry number and harmonized tariff 
code number, and
    (11) Such other information as may be necessary to ensure 
compliance with this regulation.
    Lots that are exempt from the quality, size, and maturity 
requirements of the nectarine import regulation would not be subject to 
the inspection and certification requirements in such regulation. An 
imported lot intended for nonexempt uses, or any portion of such a lot, 
which fails established quality, size, and maturity requirements, could 
be exported, disposed of in an exempt outlet, or destroyed.
    This proposed rule would also amend paragraph (a) of Sec. 944.400 
(7 CFR part 944). That paragraph designates the organizations to 
perform inspection and certification of imported fresh fruits specified 
in section 8e of the Act. That paragraph also specifies procedures to 
be followed for obtaining the required inspections. This proposed rule 
would designate the Federal or Federal-State Inspection Service and the 
Canadian Food Inspection Agency as the organizations authorized to 
inspect and certify foreign produced nectarines as meeting import 
requirements issued pursuant to section 8e.
    Paragraphs (b), (c), and (d) of Sec. 944.400, which specify 
additional procedures for obtaining inspection and certification of the 
imported fruits listed in that section, would remain unchanged. These 
procedures are followed by importers who obtain inspection and 
certification of those fresh fruits specified in section 8e that are 
offered for importation into the United States.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this rule 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. Import regulations issued under 
the Act are based on those established under Federal marketing orders.
    Small agricultural service firms, which include importers, have 
been defined by the Small Business Administration (13 CFR 121.601) as 
those having annual receipts of less than $5,000,000.
    There are an estimated 35 importers of nectarines. During the 1996/
97 season, about 2,885,000 packages (18 pounds each) of nectarines were 
imported from Chile. Prices ranged from $8.00 to $28.00 per package, 
depending on such factors as the time of year and size of the fruit. 
Assuming an average quantity of 82,428 packages at a price of $18.00 
per package (mid-point in the range), the average nectarine receipts 
per importer would be $1,483,704. However, there is a variation in size 
among the importers, and many handle other commodities in addition to 
nectarines. While it is not possible to determine how many nectarine 
importers fall within SBA's definition of a small entity, it is safe to 
assume that some of the 35 importers could be classified as such.
    Section 8e of the Act provides that when certain domestically 
produced commodities, including nectarines, are regulated under a 
Federal marketing order, imports of that commodity must meet the same 
or comparable grade, quality, size, and maturity requirements.
    Under section 8e, this rule would establish quality, size, and 
maturity requirements for imported nectarines during the period April 1 
through October 31. Imported nectarines would be required to be 
inspected and certified as meeting these requirements. However, only a 
tiny fraction of the nectarines imported into the United States enter 
during the proposed period of regulation. For example, during the 1996-
97 Chilean season, approximately 26,000 tons of nectarines were 
imported. Of these, only 27 tons were imported between April and 
October. Thus, less than 1 percent of nectarines imported that season 
would have been subject to the requirements, including inspection, 
proposed herein. This amount, which is slightly less than 1\1/2\ 
truckloads of nectarines (at 40,000 pounds per truckload), is less than 
1 twentieth of 1 percent of the California nectarines which were 
regulated during 1997.
    Similarly, during the 1995-96 Chilean season, approximately 20,000 
tons were imported into the United States, but less than 1 percent 
would have been subject to these regulations. During the 1994-95 
Chilean season, slightly less than 35,000 tons of nectarines were 
imported into the United States, but, again, less than 1 percent would 
have been regulated.
    Since inspection is available on a fee-for-service basis, this 
action could result in increased costs associated with importing fresh 
nectarines during the regulated period. Because the amount coming in 
during this time is so small, however, the total cost of meeting the 
inspection requirement should be negligible.
    Inspection fees vary, depending on such factors as the location of 
the inspection, the size of the lot to be

[[Page 14645]]

inspected, and whether there are multiple commodities in the lot to be 
inspected. It is estimated that the cost of inspecting nectarines at 
the Port of Philadelphia in accordance with the provisions of 7 CFR 
Part 51 (where the majority of nectarine imports enter the country) 
ranges from 1\1/2\ to 3\1/2\ cents per container. In recent seasons, 
f.o.b. prices for Chilean nectarines during the month of April (the 
time covered by this proposed rule) ranged from $8.00 to $16.00 per 
package. Inspection fees would therefore account for less than one half 
of 1 percent of the value of the nectarines being imported.
    These slight additional costs should be offset by the benefits 
accrued by ensuring that only acceptable quality fruit is available in 
the United States marketplace during the regulated period, and allowing 
the Chilean fruit to equally compete with the California fruit.
    This action is intended to ensure that imported nectarines are 
subject to the same quality requirements as domestically produced 
nectarines, but because it would apply only to the few nectarines that 
are presented for importation during the domestic shipping season, it 
should have only a minimal effect on the market.
    The alternative to this action is to continue to allow nectarines 
to be imported during the domestic shipping season without having to 
meet similar quality, size, and maturity requirements. This alternative 
is not in accordance with the requirements of the Act.
    Interested persons are invited to comment on this initial 
regulatory flexibility analysis, and submit information on the 
regulatory and informational impacts this proposed action would likely 
have on small businesses.
    The information collection requirements contained in this proposed 
rule have been previously approved by the OMB in accordance with the 
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), and have been 
assigned OMB number 0581-0167.
    In accordance with section 8e of the Act, the United States Trade 
Representative has concurred with the issuance of this proposed rule.
    A 60-day period is provided to allow interested persons to comment 
on this proposal. All written comments received within the comment 
period will be considered before a final determination is made on this 
matter.

List of Subjects in 7 CFR Part 944

    Avocados, Food grades and standards, Grapefruit, Grapes, Imports, 
Kiwifruit, Limes, Nectarines, Olives, Oranges.

    For the reasons set forth above, 7 CFR Part 944 is proposed to be 
amended as follows:

PART 944--FRUITS; IMPORT REGULATIONS

    1. The authority citation for 7 CFR Part 944 continues to read as 
follows:

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

    2. Section 944.350 is amended by adding the word ``nectarines'' 
after the word ``limes'' in the section heading and in paragraphs 
(a)(1) and (a)(2).
    3. In Sec. 944.400, the section heading and paragraph (a) 
introductory text are revised to read as follows:


Sec. 944.400  Designated inspection services and procedure for 
obtaining inspection and certification of imported avocados, 
grapefruit, kiwifruit, limes, nectarines, oranges, prune variety plums 
(fresh prunes), and table grapes regulated under section 8e of the 
Agricultural Marketing Agreement Act of 1937, as amended.

    (a) The Federal or Federal-State Inspection Service, Fruit and 
Vegetable Programs, Agricultural Marketing Service, United States 
Department of Agriculture, is hereby designated as the governmental 
inspection service for the purpose of certifying the grade, size, 
quality, and maturity of avocados, grapefruit, kiwifruit, limes, 
nectarines, oranges, prune variety plums (fresh prunes), and table 
grapes that are imported into the United States. The Canadian Food 
Inspection Agency is also designated as a governmental inspection 
service for the purpose of certifying grade, size, quality and maturity 
of nectarines and prune variety plums (fresh prunes) only. Inspection 
by the Federal or Federal-State Inspection Service or the Canadian Food 
Inspection Agency, with appropriate evidence thereof in the form of an 
official inspection certificate, issued by the respective services, 
applicable to the particular shipment of the specified fruit, is 
required on all imports. Inspection and certification by the Federal or 
Federal-State Inspection Service will be available upon application in 
accordance with the Regulations Governing Inspection, Certification and 
Standards for Fresh Fruits, Vegetables, and Other Products (7 CFR Part 
51) but, since inspectors are not located in the immediate vicinity of 
some of the small ports of entry, such as those in southern California, 
importers of avocados, grapefruit, kiwifruit, limes, nectarines, 
oranges, prune variety plums (fresh prunes), and table grapes should 
make arrangements for inspection through the applicable one of the 
following offices, at least the specified number of the days prior to 
the time when the fruit will be imported:
* * * * *
    4. A new Sec. 944.800 is added to read as follows:


Sec. 944.800  Nectarine import regulation.

    (a) Pursuant to section 8e of the Agricultural Marketing Agreement 
Act of 1937, as amended [7 U.S.C. 601-674], the importation into the 
United States of any nectarines, during the period April 1 through 
October 31 of each year, is prohibited unless:
    (1) Such nectarines meet at least ``CA Utility'' quality 
requirements. The term CA Utility means that not more than 40 percent 
of the nectarines in any container meet or exceed the requirements of 
the U.S. No. 1 grade, except that when more than 30 percent of the 
nectarines in any container meet or exceed the requirements of U.S. 
No.1 grade, the additional 10 percent shall have non-scoreable 
blemishes as determined when applying the U.S. Standards for Grades of 
Nectarines; and that such nectarines are mature and are:
    (i) Free from insect injury which has penetrated or damaged the 
flesh; split pits which cause an unhealed crack or one or more well 
healed cracks which, either singly or in the aggregate, are more than 
\3/8\ inch in length; mold, brown rot, and decay which has affected the 
edible portion; and
    (ii) Free from serious damage due to skin breaks, cuts, growth 
cracks, bruises, or other causes. Damage to any nectarine is serious 
when it causes a waste of 10 percent or more, by volume, of the 
individual nectarine.
    (iii) Tolerances. Not more than 10 percent, by count, of the 
nectarines in any one container may be below the requirements which are 
prescribed by this paragraph, including not more than 5 percent, by 
count, for any one defect, except split pits. An additional tolerance 
of 10 percent, by count, of the nectarines in any one container or bulk 
lot may contain nectarines affected with split pits. This means a total 
tolerance of 20 percent is allowed for all defects, including split 
pits, but not to exceed 15 percent for split pits alone.
    (2) Such nectarines of any variety of nectarines listed in Column A 
of Table I of this paragraph are of a size that a 16-pound sample 
representative of the size of the nectarines contains not more than the 
number of nectarines listed for the variety in Column B or C of said 
table: Provided, That the following procedure shall be used in 
determining whether nectarines meet the minimum size requirements 
specified for each size category in this section applying the 16-

[[Page 14646]]

pound sample. A sample consisting of one-half of the specified number 
of fruit for a particular size category shall be used, provided such 
sample weighs at least eight pounds. When one-half the specified number 
of fruit in a sample results in a number ending with one-half a fruit, 
the smaller full number of fruit shall be used to determine the sample 
weight. If a sample fails with respect to minimum size requirements on 
the basis of an 8-pound sample, a 16-pound sample shall be used to 
determine if the fruit meets the minimum size requirements.

                                 Table I
------------------------------------------------------------------------
                                                             Column C
                                             Column B     Maximum No. of
                                          Maximum No. of  nectarines per
            Column A  Variety             nectarines per   16-lb. sample
                                           16-lb. sample     if well-
                                            if  mature        matured
------------------------------------------------------------------------
Alshir Red..............................              68              75
Alta Red................................              68              75
April Glo...............................             100             100
Arctic Glo..............................              83              83
Arctic Pride............................              68              75
Arctic Queen............................              68              75
Arctic Rose.............................              83              83
Arctic Snow.............................              68              75
Arctic Star.............................              83              83
Arctic Sweet............................              68              75
August Glo..............................              68              75
August Lion.............................              68              75
August Red..............................              68              75
August Snow.............................              68              75
Autumn Delight..........................              68              75
Big Jim.................................              68              75
Brite Pearl.............................              68              75
Crystal Rose............................              68              75
Diamond Brite...........................              83              83
Diamond Ray.............................              68              75
Earliglo................................              90              90
Early Diamond...........................              90              90
Early May...............................              83              83
Early Red Jim...........................              68              75
Fairlane................................              68              75
Fantasia................................              68              75
Firebrite...............................              68              75
Fire Pearl..............................              68              75
Flame Glo...............................              68              75
Flaming Red.............................              68              75
Flavortop...............................              68              75
Flavortop I.............................              68              75
Grand Diamond...........................              68              75
Grand Pearl.............................              68              75
Grand Sun...............................              90              90
Honey Kist..............................              68              75
How Red.................................              68              75
Johnny's Delight........................              90              90
July Red................................              68              75
Juneglo.................................              83              83
June Pearl..............................              83              83
Kay Diamond.............................              68              75
Kay Glo.................................              83              83
King Jim................................              68              75
Late Red Jim............................              68              75
May Diamond.............................              83              83
May Grand...............................              83              83
May Jim.................................              90              90
May Kist................................              90              90
May Lion................................              83              83
Mayfire.................................             100             100
Mayglo (before May 6)...................             100             100
Mayglo (after May 5)....................              90              90
Mid Glo.................................              68              75
Niagara Grand...........................              68              75
P-R Red.................................              68              75
Prima Diamond IV........................              83              83
Prima Diamond IX........................              68              75
Prima Diamond XIII......................              83              83
Prima Diamond XVI.......................              68              75
Prima Diamond XIX.......................              68              75

[[Page 14647]]

 
Prima Diamond XXIV......................              68              75
Prince Jim..............................              83              83
Red Delight.............................              83              83
Red Diamond.............................              68              75
Red Glen................................              68              75
Red Glo.................................              83              83
Red Jim.................................              68              75
Red May.................................              78              78
Rio Red.................................              68              75
Rose Diamond............................              83              83
Royal Giant.............................              68              75
Royal Glo...............................              83              83
Ruby Diamond............................              68              75
Ruby Pearl..............................              68              75
Scarlet Red.............................              68              75
September Red...........................              68              75
Sparkling June..........................              68              75
Sparkling May...........................              83              83
Sparkling Red...........................              68              75
Spring Bright...........................              68              75
Spring Diamond..........................              68              75
Spring Red..............................              68              75
Star Brite..............................              83              83
Summer Beaut............................              68              75
Summer Blush............................              68              75
Summer Bright...........................              68              75
Summer Diamond..........................              68              75
Summer Fire.............................              68              75
Summer Grand............................              68              75
Summer Lion.............................              68              75
Summer Red..............................              68              75
Sun Diamond.............................              68              75
Sunburst................................              68              75
Sunny Red...............................              68              75
Super Star..............................              68              75
Terra White.............................              68              75
White Jewel.............................              68              75
Zee Glo.................................              68              75
Zee Grand...............................              83              83
491-48..................................              68              75
------------------------------------------------------------------------

    (3) Such nectarines of any variety not specifically listed in Table 
I of paragraph (a)(2) of this section are of a size that a 16-pound 
sample, using the procedure in paragraph (a)(2) of this section, 
contains: During the period April 1 through May 31, not more than 90 
nectarines; during the period June 1 through June 30, not more than 83 
nectarines; and during the period July 1 through October 31, not more 
than 67 nectarines or, if the nectarines are ``well-matured'', not more 
than 75 nectarines.
    (b) The importation of any individual shipment which, in the 
aggregate, does not exceed 200 pounds net weight, is exempt from the 
requirements specified in this section.
    (c) The quality, size, and maturity requirements of this section 
shall not be applicable to nectarines imported for consumption by 
charitable institutions, distribution by relief agencies, or commercial 
processing into products, but such nectarines shall be subject to the 
safeguard provisions in Sec. 944.350.
    (d) The term nectarines means all varieties of Prunus Amygdalus 
Nectarina, commonly called nectarines.
    (e) The term importation means release from custody of the United 
States Customs Service.
    (f) The terms U.S. No. 1 and mature mean the same as defined in the 
United States Standards for Grades of Nectarines (7 CFR 51.3145 to 
51.3160). Well-Matured means a condition distinctly more advanced than 
mature.
    (g) Inspection and certification service is required for imports 
and will be available in accordance with the regulation designating 
inspection services and procedures for obtaining inspection and 
certification (7 CFR Part 944.400).
    (h) Any lot or portion thereof which fails to meet the import 
requirements prior to or after reconditioning, and is not being 
imported for purposes of consumption by charitable institutions, 
distribution by relief agencies, or commercial processing into 
products, may be exported, disposed of in an exempt outlet, or 
destroyed.
    (i) As specified in this section, it is determined that fresh 
nectarines imported into the United States shall meet the same or 
comparable minimum quality, size, and maturity requirements as those 
established for fresh nectarines grown in California under Marketing 
Order No. 916 (7 CFR Part 916).


[[Page 14648]]


    Dated: March 22, 1999.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 99-7474 Filed 3-25-99; 8:45 am]
BILLING CODE 3410-02-P