[Federal Register Volume 64, Number 74 (Monday, April 19, 1999)]
[Rules and Regulations]
[Pages 19022-19034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-9678]


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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV99-916-2 FR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

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

SUMMARY: This rule revises the handling requirements for California 
nectarines and peaches by modifying the grade, size, maturity, and 
container marking requirements for fresh shipments of these fruits, 
beginning with 1999 season shipments. This rule also authorizes 
continued shipments of ``CA Utility''

[[Page 19023]]

quality nectarines and peaches during the 1999 season with an increased 
percentage of U.S. No. 1 nectarines and peaches in each container. This 
rule will enable handlers to continue shipping fresh nectarines and 
peaches meeting consumer needs in the interest of producers, handlers, 
and consumers of these fruits.

EFFECTIVE DATE: This final rule becomes effective April 20, 1999.

FOR FURTHER INFORMATION CONTACT: Terry Vawter, Marketing Specialist, 
California Marketing Field Office, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 2202 Monterey Street, 
suite 102B, Fresno, California 93721; telephone: (559) 487-5901, Fax: 
(559) 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) 720-5698. Small businesses may request information 
on compliance with this regulation, or obtain a guide on complying with 
fruit, vegetable, and specialty crop marketing agreements and orders 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) 720-
5698; or E-mail: Jay__N__G[email protected]. You may view the marketing 
agreement and order small business compliance guide at the following 
web site: http://www.ams.usda.gov/fv/moab.html.

SUPPLEMENTARY INFORMATION: This final 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 final 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.
    This final rule revises the handling requirements currently 
prescribed for shipments of fresh nectarines and peaches under the 
orders.
    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) (committees), which are responsible for local 
administration of the orders, met on December 2, 1998, and unanimously 
recommended that these handling requirements be revised for the 1999 
season, which begins April 1, with one exception. The Nectarine 
Administrative Committee voted 4 in favor and 3 opposed to continuing 
shipments of ``CA Utility'' quality nectarines with an increased 
percentage of U.S. No. 1 nectarines in boxes of ``CA Utility'' quality 
nectarines; and the Peach Commodity Committee voted 7 in favor and 4 
opposed to continuing shipments of ``CA Utility'' quality peaches with 
an increased percentage of U.S. No. 1 peaches in boxes of ``CA 
Utility'' quality peaches. The nectarine order requires six concurring 
votes on recommendations for regulations and the peach order requires 
nine concurring votes on recommendations for regulations. As a result, 
these two votes did not meet the minimums prescribed to constitute 
official recommendations to the Secretary. Nectarine and peach handlers 
have been authorized to ship ``CA Utility'' quality fruit since the 
1996 season, and such shipments have comprised about two percent of 
total shipments. Such fruit is mature but of a lower quality than U.S. 
No. 1 fruit and is acceptable in some markets. If shipments of ``CA 
Utility'' quality fruit are not permitted, only higher-quality fruit 
could be shipped.
    Because prior season experience shows that the authority to ship 
``CA Utility'' quality fruit provided additional marketing 
opportunities for handlers, the Department proposed continuing to allow 
such shipments during 1999, and invited written comments from all 
interested persons. One comment supporting the continued shipment of 
``CA Utility'' quality fruit was received.
    The changes implemented by this final rule: (1) Require that 
maturity and ``CA Utility'' quality marking of containers be a minimum 
of \3/8\ inch in height; (2) require that experimental containers and 
22G containers be marked with both the size and the count of fruit 
contained in the package; (3) require that master containers of 
consumer packages be marked with the minimum size fruit contained in 
the consumer packages; (4) add weight counts for early-season, mid-
season, and late-season varieties; (5) continue shipments of ``CA 
Utility'' quality nectarines and peaches, and increase the percentage 
of U.S. No. 1 nectarines and peaches permitted in containers of ``CA 
Utility'' quality fruit from the current 30 percent to 40 percent, 
provided that the additional 10 percent of U.S. No. 1 fruit in the 
container has non-scoreable blemishes; and (6) revise varietal maturity 
and size requirements to reflect recent changes in growing conditions.
    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, the committees continue to believe 
that the 1999 crop will be somewhat larger in size but similar in 
characteristics to the 1998 crop which totaled 16,916,900 boxes of 
nectarines and 18,202,300 boxes of peaches.

[[Page 19024]]

Container Marking Requirements

    Sections 916.52 and 917.41 of the orders for nectarines and 
peaches, respectively, authorize container marking requirements. 
Requirements for container markings are specified in Secs. 916.350 and 
917.442 of the orders' rules and regulations. Container marking 
requirements include marking of the commodity and variety (e.g., July 
Red Nectarines), the size of the fruit in the box (e.g., 80 size), the 
net weight, the maturity (either U.S. Mature (US MAT), or California 
Well-Matured (CA WELL MAT)), or the quality (i.e., ``CA Utility''), on 
each container of nectarines and peaches.
    This final rule revises paragraphs (a)(3) of Secs. 916.350 and 
917.442 in the orders' rules and regulations to require that maturity 
markings on containers be in letters at least \3/8\ inch in height. 
This rule also revises the current quality marking requirement in 
paragraphs (d) of Secs. 916.350 and 917.442 for ``CA Utility'' from a 
minimum of \3/4\ inch in height to a minimum of \3/8\ inch in height. 
These changes standardize marking requirements on containers by 
specifying a minimum lettering height of \3/8\ inch for both maturity 
and quality markings. This is intended to assure that all containers 
shipped by nectarine and peach handlers are similarly marked.
    The committees unanimously recommended that the lettering 
indicating fruit maturity and quality on containers be standardized at 
a minimum height of \3/8\ inch. The \3/8\ inch minimum is appropriate, 
given the number of other markings, required or voluntary, on each 
container. Such lettering is also readily legible to the Federal or 
Federal-State Inspection Service (Inspection Service) and compliance 
officers representing the committees. The \3/8\ inch minimum letter 
height standard will also eliminate any confusion among handlers about 
which size is required for markings by reducing the currently-required 
\3/4\ inch minimum marking for ``CA Utility'' to a minimum \3/8\ inch 
in height and by specifying similar requirements for maturity markings.
    Sections 916.350 and 917.442 of the orders' rules and regulations 
also require containers to be marked with the size and/or number of 
pieces of fruit in the container (count).
    In commonly-used containers such as the No. 22D and the No. 32 
boxes, the configurations of fruit results in the fruit size and count 
being the same. The No. 22G standard lug box, however, has a different 
shape which results in a different tray-pack configuration than those 
of the No. 22D and the No. 32 boxes. The shape of the No. 22G container 
also imposes tighter limits on the number of fruit that can be tray 
packed in it than the No. 22D and No. 32 boxes, and the fruit size and 
count are not the same. Thus, handlers using it should be required to 
indicate the number of fruit in the container as well as the fruit 
size, since the fruit size and count are not always the same in this 
container. This is also true for some experimental packages, as well, 
since there are no standardized pack configurations for experimental 
packages, and, thus, no standardized basis for comparison against the 
No. 22D and No. 32 boxes is possible. Experimental containers, in 
addition to the No. 22G standard lug box, are required to be marked 
with both the size and the count of fruit contained in the package.
    To lessen the chances of confusion in the marketplace with such 
containers, the committees unanimously recommended requiring that the 
No. 22G standard lug box and experimental containers be marked with 
both the size and count of the fruit contained in the package.
    To implement this change, paragraphs (a)(4)(i) and (a)(4)(ii) of 
Sec. 916.350 are revised to add the requirement that experimental 
containers be marked with both the size and count of nectarines 
contained within the containers. Paragraph (a)(4)(ii) of Sec. 917.442 
is also revised to add the requirement that the No. 22G standard lug 
box be marked with both the size and count of peaches contained within 
the container.
    Sections 916.350 and 917.442 also specify markings that are 
required on master containers of consumer packages, consumer packages 
within master containers, and consumer packages not within master 
containers. Master containers must be marked with the net weight of 
each consumer package, the number of individual consumer packages, the 
size description of the fruit in each consumer package, and the name 
and address of the shipper. Consumer packages within the master 
containers must be marked with the name and address of the shipper and 
the net weight of the container. When the consumer package is not in a 
master container, the consumer package must also be marked with the 
number of fruit in the package, the name of the variety, if known, and 
the maturity of the fruit in the package.
    Authority for consumer packages permits handlers to pack and ship 
nectarines and peaches in other types of containers demanded by their 
customers. The fruit packages are tailored to the requirements of the 
buyer, and the buyer may require the handler to pack consumer packages 
of several different sizes of fruit within the master container. For 
example, a master container may contain five consumer packages. One 
consumer package may contain size 64 nectarines, while two other 
consumer packages may contain size 70 nectarines. The remaining two 
consumer packages may contain size 60 nectarines. In this example, each 
consumer package contains the same size nectarines within that package, 
but the master container contains consumer packages with different 
nectarine sizes.
    The committees unanimously recommended that such size variations 
from consumer package to consumer package within a master container 
should be indicated on the master container. The committees determined 
that the marking on the master container should accurately and clearly 
reflect the minimum size contained within the package containing the 
smallest size fruit and that the master container contains consumer 
packages with larger sized fruit. For example, a master container will 
be marked ``Minimum size 60 and larger'' or ``Minimum size 96 and 
larger,'' as appropriate, when the consumer packages in the master 
container contain different fruit sizes. This is intended to provide 
more accurate information to the buyers of the fruit.
    According to a comment received regarding this aspect of the 
proposed rule issued on these regulatory changes, the intent of the 
committees was to ensure that when multiple sizes of consumer packages 
of nectarines or peaches are contained within the master container, the 
master container must be marked ``Minimum size 60 and larger,'' or 
``Minimum size 96 and larger,'' etc., as appropriate. However, the 
commenter noted, the proposed rule did not specify that when the master 
container does not contain multiple sizes of nectarines or peaches in 
the consumer packages, only the size of the nectarines or peaches in 
the consumer packages should be marked on the master container, such as 
``Size 60,'' or ``Size 96,'' etc., as appropriate. Accordingly, the 
clarification to the proposed rule is made.
    Thus, paragraph (a)(8)(i) of Sec. 916.350 and paragraph (a)(9)(i) 
of Sec. 917.442 of the orders' rules and regulations are revised to 
require that the markings on master containers containing consumer 
packages of different sizes of nectarines and peaches specify the 
smallest size and the words ``and larger'' in the packages. When 
consumer packages contain nectarines or peaches of the same sizes, the 
master container shall

[[Page 19025]]

continue to be marked with the appropriate individual size marking.

Pack Regulations

    Container markings based on weight-count standards are also 
specified in Tables 1 and 2 of paragraphs (a)(4)(iv) in Secs. 916.350 
and 917.442 of the orders' rules and regulations. The purpose of the 
weight-count standards is to establish the maximum number of nectarines 
or peaches in a 16-pound sample for each individual size designation. 
To facilitate the repacking of nectarines and peaches from tray-packs 
into volume-filled containers, the committees routinely conduct tests 
to determine the optimum weight-count standards for early-season, mid-
season, and late-season nectarines and peaches, respectively, based on 
the sizes of nectarines and peaches in tray-packs. Tray-packs fit into 
standard nectarine and peach boxes and have molded cavities for the 
fruit to sit in. Trays with different cavity sizes are used, depending 
upon the size of the fruit being packed. Handlers have traditionally 
used tray-packs to securely package nectarines and peaches. However, 
some handlers have moved away from tray-packed configurations toward 
volume-filled configurations in recent years.
    Handlers of nectarines and peaches have informed the committees 
that some larger sizes of nectarines and peaches are increasingly being 
converted from tray-packs to volume-filled packs. Since volume-filled 
containers are less costly to pack and market demands change, handlers 
have opted to pack a greater proportion of the larger-sized, high-
quality fruit in volume-filled containers.
    Size studies were performed by the NAC and PCC in 1994 and 1995, 
and were used as a basis for changing some of the weight counts. 
Because nectarines and peaches of size 44 were not packed in volume-
filled containers, no weight counts were published for size 44 
nectarines and peaches at that time. As the practice of converting 
tray-packed containers of size 44 nectarines and peaches to volume-
filled containers has increased, the need to publish a weight-count 
standard also increased.
    The committees have used the previously-conducted size studies to 
determine the weight-count standards for size 44 nectarine and peach 
sizes for inclusion in the weight-count standards. The NAC has 
determined that the weight-count standard for size 44 should be a 
maximum of 33 pieces for early-season nectarines and a maximum of 30 
pieces of mid-season and late-season nectarines in a 16-pound sample. 
The PCC has determined that the weight count standard for size 44 
should be a maximum of 33 pieces of fruit in a 16-pound sample for all 
peach varieties.
    Therefore, the NAC and PCC unanimously recommended modifications to 
the weight-count standards for nectarines and peaches by the addition 
of weight-count standards for size 44 nectarines and peaches. To 
implement such a change, Tables 1 and 2 of paragraphs (a)(4)(iv) in 
Secs. 916.350 and 917.442 of the regulations are revised by adding size 
44 and the applicable weight-count standard of a maximum of 33 pieces 
of early-season nectarines and all peaches, and a maximum of 30 pieces 
of mid-season and late-season nectarines in a 16-pound sample. These 
changes will permit handlers to more easily convert tray-packed 
nectarines and peaches to volume-filled containers, decrease the 
handling costs associated with that conversion, and meet marketing 
demands.

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.''
    Under Secs. 916.356 and 917.459, shipments of ``CA Utility'' 
quality nectarines and peaches have been permitted since the 1996 
season, contingent upon the fruit in such containers meeting certain 
relaxed quality requirements. ``CA Utility'' quality is a lower-quality 
fruit than U.S. No. 1. Previously, the requirement for containers of 
``CA Utility'' nectarines and peaches provided that not more than 30 
percent of the fruit in any container meet or exceed the requirements 
of U.S. No. 1. This final rule permits handlers to continue shipping 
``CA Utility'' fruit during the 1999 season, and increases the 30 
percent limitation to not more than 40 percent except that the 
additional 10 percent of the U.S. No. 1 fruit must have non-scoreable 
blemishes.
    Containers marked ``CA Utility'' must be inspected by the 
Inspection Service and certified as meeting the ``CA Utility'' quality 
requirements. Part of the inspection process is to evaluate the fruit 
in accordance with the requirements of the U.S. Standards for Grades of 
Nectarines, the U.S. Standards for Grade of Peaches, (Standards) and 
the orders. In conducting inspections, inspectors are required to 
evaluate various blemishes. Some blemishes are serious or severe enough 
to be ``scored'' against the fruit as defects which are damaging to the 
grade of the fruit, while some other blemishes are not serious or 
severe enough to affect the grade of the fruit. In the first instance, 
the blemishes are termed ``scoreable'' defects; and, in the second 
instance, the blemishes are termed ``non-scoreable'' defects. Some 
members of the committees supported a requirement that such non-
scoreable blemishes must be present on the additional 10 percent of the 
fruit grading U.S. No. 1 in boxes marked ``CA Utility'' during the 1999 
season.
    A similar requirement was in place during the latter part of the 
1998 season. At that time, unseasonal summer rains had caused increased 
``non-scoreable'' defects which detracted from the overall appearance 
of U.S. No. 1 nectarines and peaches for some handlers. An interim 
final rule was published on September 22, 1998 (63 FR 50461), and a 
final rule was published on November 9, 1998 (63 FR 60209).
    While containers marked ``CA Utility'' fruit are subject to relaxed 
quality requirements, all other grade and marking requirements of the 
orders must be met.
    At the committee meetings on December 2, 1998, at least one handler 
complained that fruit with non-scoreable blemishes was unsightly in the 
type of U.S. No. 1 box he offered to the marketplace and to his 
customers. His preference was to place such fruit in boxes marked ``CA 
Utility.'' The current limitation of not more than 30 percent U.S. No. 
1 fruit in containers marked ``CA Utility'' caused the Inspection 
Service to determine that his ``CA Utility'' containers were ``out of 
grade,'' because they contained more U.S. No. 1 fruit than permitted. 
For that reason, the handler was forced to remove the fruit from the 
``CA Utility'' boxes, and either repack his U.S. No. 1 to include this 
fruit or discard the fruit. Therefore, the limitation of not more than 
30 percent U.S. No. 1 in ``CA Utility'' quality containers became a 
hindrance and was eliminated by the September 22, 1998, rulemaking 
action.
    A niche market exists for ``CA Utility'' quality fruit and an 
opportunity should be made available to market somewhat better quality. 
It was estimated by a

[[Page 19026]]

handler of ``CA Utility'' quality fruit that the relaxation from not 
more than 30 percent U.S. No. 1 in the containers to not more than 40 
percent provided that the additional 10 percent U.S. No. 1 in the 
containers has non-scoreable blemishes will increase shipments of ``CA 
Utility'' quality nectarines and peaches by approximately one-half of 
one percent. A majority of the members of both committees supported the 
change, because the change had been in effect at the end of the 1998 
season. However, one committee member commented that there was little 
merit to adding one-half of one percent to the marketplace. Another 
indicated that perhaps a review of the entire grade structure would 
address the problem and did not advocate relaxing the percentage of 
U.S. No. 1 in ``CA Utility'' containers. A majority of the committee 
members present voted to relax the percentage from 30 percent U.S. No. 
1 in containers marked ``CA Utility'' to 40 percent U.S. No. 1 provided 
that the additional 10 percent of the U.S. No. 1 had non-scoreable 
blemishes. The vote by the NAC was 4 in favor and 3 opposed, and the 
vote by the PCC was 7 in favor and 4 opposed. The nectarine order 
requires six concurring votes on regulatory recommendations, and the 
peach order requires nine concurring votes on regulatory 
recommendations. As a result, these two votes did not meet the minimums 
prescribed to constitute official recommendations to the Secretary.
    Because prior seasons' experience shows that the authority to ship 
``CA Utility'' quality fruit provided additional marketing 
opportunities for handlers, the Department proposed continuing to allow 
such shipments during 1999 and invited written comments from all 
interested persons in the proposed rule. One comment supporting the 
proposal was received.
    Historically, 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 nectarine shipments, or approximately 230,000 boxes. 
In 1998, shipments of ``CA Utility'' nectarines represented 4.5 percent 
of all nectarine shipments, or approximately 760,000 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. In 1998, shipments of ``CA Utility'' 
peaches represented 3.3 percent of all peach shipments, or 
approximately 602,000 boxes.
    For these reasons, the Department has determined that continuing to 
allow shipments of ``CA Utility'' quality nectarines and peaches for 
the 1999 season with an increase in the percentage of U.S. No. 1 fruit 
permitted in each container effectuates the declared policy of the Act. 
Therefore, paragraphs (d) of Secs. 916.350 and 917.442, and paragraphs 
(a)(1) of Secs. 916.356 and 917.459 are revised to permit shipments of 
nectarines and peaches meeting revised ``CA Utility'' quality 
requirements during the 1999 season.

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 nectarine and peach 
marketing orders have been codified in the Code of Federal Regulations 
as Table 1 to paragraphs (a)(1)(iv) of Secs. 916.356 and 917.459, for 
nectarines and peaches, respectively. Currently, Secs. 916.356 and 
917.459 include both ``Table 1'' and ``Table 1 to Paragraphs 
(a)(1)(iv)''. ``Table 1'' is a duplicate of ``Table 1 to Paragraphs 
(a)(1)(iv)'' and was proposed to be removed from both sections. In this 
final rule, ``Table 1'' is, therefore, removed. The latter table is 
referred to as ``Table 1'' in the remainder of this document.
    The maturity requirements in the 1999 handling regulation are the 
same as those which appeared in the 1998 handling regulation with a few 
exceptions. Those exceptions are explained below in this final rule.
    Nectarines: Requirements for ``well-matured'' nectarines are 
specified in Sec. 916.356 of the order's rules and regulations. Table 1 
to paragraph (a)(1)(iv) of Sec. 916.356 is revised to add a maturity 
guide for one nectarine variety. Specifically, SPI recommended adding a 
maturity guide for the Diamond Jewel 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.
    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.'' Table 1 to paragraph (a)(1)(iv) of 
Sec. 917.459 is revised to add maturity guides for three peach 
varieties. Specifically, SPI recommended adding the maturity guides for 
the Sweet Scarlet peach variety to be regulated at the J maturity 
guide, and the Lady Sue and Prima Gattie 8 peach varieties to be 
regulated at the L maturity guide.
    The PCC unanimously 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.

Size Requirements

    Both orders provide authority to establish size requirements in 
Secs. 916.52 and 917.41. Size regulations provide greater consumer 
satisfaction and encourage more repeat purchases by helping to ensure 
consumers are provided high-quality fruit. Size regulations, therefore, 
increase returns to producers and handlers by encouraging producers to 
leave fruit on the tree longer. The 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. 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). Section 916.356 is revised to establish variety-
specific size requirements for five nectarine varieties that were 
produced in commercially-significant quantities of more than

[[Page 19027]]

10,000 packages for the first time during the 1998 season.
    For example, one of the varieties recommended for addition to the 
variety-specific size requirements is the Sunny Red variety. Studies of 
the size ranges attained by the Sunny Red variety revealed that all of 
the nectarines of that variety met sizes in the ranges of sizes 30, 40, 
50, 60, 70, and 80. While the size distribution peaked on the size 40, 
100 percent of the fruit sized at a minimum of size 80.
    A review of other varieties with the same harvesting period 
indicated that Sunny Red was also comparable to those varieties in its 
size ranges. Further, handlers known to ship the variety have provided 
additional supporting information for making this determination. Thus, 
the recommendation to place the Sunny Red 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.
    Thus, to implement such size requirements, the introductory text of 
paragraph (a)(6) in Sec. 916.356 is revised to include the Grand Pearl, 
Ruby Pearl, Sunny Red, Terra White, and 491-48 nectarine varieties.
    This final rule also revises the introductory text of paragraph 
(a)(4) of Sec. 916.356 to remove two nectarine varieties; and the 
introductory text of paragraph (a)(6) of Sec. 916.356 is also revised 
to remove ten nectarine varieties from the variety-specific size 
requirements specified in this section because less than 5,000 packages 
of each of these varieties were produced during the 1998 season. The 
introductory text of paragraph (a)(4) is revised to remove the June 
Brite and Pacific Star nectarine varieties; and the introductory text 
of paragraph (a)(6) is revised to remove the Flamekist, Flavor Grand, 
Late How Red, Moon Grand, Prima Diamond XVIII, Red Free, Red Fred, Ruby 
Grand, September Grand, and Summer Star nectarine varieties. 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 final rule establishes 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). Section 917.459 is 
revised to establish variety-specific size requirements for six peach 
varieties that were produced in commercially-significant quantities of 
more than 10,000 packages for the first time during the 1998 season.
    For example, one of the peach varieties recommended for addition to 
the variety-specific size requirements is the Morning Lord variety. 
Studies of the size ranges attained by the Morning Lord variety 
revealed that while it peaked on size 40, 100 percent of the fruit 
sized at a minimum of size 72.
    A review of other varieties harvested during the same period 
indicated that Morning Lord was also comparable to those varieties in 
its size ranges. Further, discussions with handlers known to ship the 
variety provided additional information for making such determinations. 
Thus, the recommendation to place the Morning Lord peach variety in the 
variety-specific size regulation at a size 72 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.
    Accordingly, the introductory text of paragraph (a)(3) of 
Sec. 917.459 of the order's rules and regulations is revised to include 
the Super Rich peach variety; the introductory text of paragraph (a)(4) 
is revised to include the Snow Dance peach variety; and the 
introductory text of paragraph (a)(6) is also revised to include the 
Morning Lord, Prima Peach 23, Yukon King, and 1-01-505 peach varieties.
    Additionally, paragraphs (a)(5) and (a)(6) of Sec. 917.459 are 
revised to remove 12 peach varieties from the variety-specific size 
requirements specified in that section, because less than 5,000 
packages of these varieties were produced during the 1998 season. 
Specifically, the introductory text of paragraph (a)(5) is revised to 
remove the Honey Red and Sweet Gem peach varieties; and the 
introductory text of paragraph (a)(6) of Sec. 917.459 is revised to 
remove the August Sun, Autumn Crest, Autumn Gem, Belmont, Berenda Sun, 
Blum's Beauty, Fire Red, July Sun, Mary Anne, and Red Sun 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 final rule establishes minimum size 
requirements for fresh peaches consistent with expected crop and market 
conditions.
    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 final 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 325 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, 
have been defined by the Small Business Administration [13 CFR 121.601] 
as those whose annual receipts are less than $5,000,000. Small 
agricultural producers are defined as those having annual receipts of 
less than $500,000.
    The NAC and PCC staff have estimated that there are less than 20 
handlers in the industry who could be defined as other than small 
entities. If the average handler price received were $9.00 per box or 
box equivalent of nectarines or peaches, a handler would have to ship 
at least 555,000 boxes to have annual receipts of $5,000,000. Small 
handlers represent approximately 94 percent of the handlers within the 
industry. In addition, the NAC and PCC staff estimates that there are 
approximately 400 producers who could be defined as other than small 
entities. If the average producer price received were $6.00 per box or 
box equivalent for

[[Page 19028]]

nectarines and $5.65 per box or box equivalent for peaches, producers 
would have to produce approximately 84,000 boxes or box equivalents of 
nectarines and approximately 89,000 boxes or box equivalents of peaches 
to have annual receipts of $500,000. Therefore, small producer entities 
represent approximately 78 percent of the producers within the 
industry. For those reasons, a majority of the 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 final rule revises the 
current requirements to: (1) Require that maturity and ``CA Utility'' 
quality marking of containers be a minimum of \3/8\ inch in height; (2) 
require that experimental containers and 22G containers be marked with 
both the size and the count of fruit contained in the package; (3) 
require that master containers of consumer packages be marked with the 
minimum size fruit contained in the consumer packages; (4) add weight 
counts for early-season, mid-season, and late-season varieties; (5) 
continue shipments of ``CA Utility'' quality nectarines and peaches, 
and increase the percentage of U.S. No. 1 nectarines and peaches 
permitted in containers of ``CA Utility quality'' fruit from the 
current 30 percent to 40 percent, provided that the additional 10 
percent of U.S. No. 1 fruit in the container has non-scoreable 
blemishes; and (6) revise varietal maturity and size requirements to 
reflect recent changes in growing and marketing conditions.
    In Secs. 916.350 and 917.442 of the rules regulating nectarines and 
peaches, several container marking requirements are specified. This 
final rule specifies that the maturity markings U.S. Mature (US MAT) 
and California Well-Matured (CA WELL MAT), and the markings for ``CA 
Utility'' quality must be in lettering a minimum of \3/8\ inch in 
height. This standardizes the container markings for nectarines and 
peaches and is consistent with those used on plum containers. Plum 
shipments are regulated under a State marketing order. Because 
nectarine and peach handlers frequently handle plums, as well, this 
would ensure consistency in marking requirements for all three 
commodities, which is expected to benefit handlers.
    Sections 916.350 and 917.442 also specify markings that are 
required on master containers of consumer packages, consumer packages 
within master containers, and consumer packages not within master 
containers. Master containers must be marked with the net weight of 
each consumer package, the number of individual consumer packages, the 
size description of the fruit in each consumer package, and the name 
and address of the shipper. Consumer packages within the master 
containers must be marked with the name and address of the shipper and 
the net weight of the container. When the consumer package is not in a 
master container, the consumer package must also be marked with the 
number of fruit in the package, the name of the variety, if known, and 
the maturity of the fruit in the package.
    In commonly-used containers, such as the No. 22D and the No. 32 
boxes, the configurations of fruit result in the fruit size and count 
being the same. The No. 22G standard lug box, however, has a different 
shape which results in a different tray-pack configuration than those 
of the No. 22D and the No. 32 boxes. The shape of the No. 22G container 
also imposes tighter limits on the number of fruit that can be tray 
packed in it than the No. 22D and No. 32 boxes; this causes fruit size 
and count to be different. Thus, handlers using that container should 
be required to indicate the number of fruit in the container as well as 
the fruit size, because the fruit size and count are not always the 
same in this container. Differences in count and size also occur with 
some experimental packages, as well, because there are no standardized 
pack configurations for experimental packages, and, thus, no 
standardized basis for comparison against the No. 22D and No. 32 boxes. 
Experimental containers, like the No. 22G standard lug box, will be 
required to be marked with both the size and the count of fruit 
contained in the package. This requirement is expected to benefit 
consumers by ensuring that accurate size and count information is 
marked on packages of nectarines and peaches. This requirement is not 
expected to have a negative impact on handlers, since the No. 22G 
standard lug box represents less than one percent of packages of 
nectarines and peaches shipped annually, and no experimental containers 
have been used for several years. This requirement may also eliminate 
any confusion over fruit count and size experienced by buyers of 
nectarines and peaches.
    Consumer packages permit handlers to pack and ship nectarines and 
peaches in other types of containers demanded by their customers. In 
this case, packaging of fruit in small boxes or bags is tailored to the 
requirements of the buyer, whether by weight, size, or other factor. 
Because the buyer's requirements may be specific for the buyer's 
market, the handler may pack consumer packages of several different 
sizes of fruit within the master container. For example, a master 
container may contain five consumer packages. One consumer package may 
contain size 64 nectarines, while two other consumer packages may 
contain size 70 nectarines. The remaining two boxes may contain size 60 
nectarines. The sizes of the fruit within the individual consumer 
packages are the same, but the master container may contain packages of 
different fruit sizes.
    Several alternatives to this action were discussed at the Grade and 
Size Subcommittee meeting held on November 5, 1998. Some subcommittee 
members suggested that the master containers be marked with the largest 
size fruit in the consumer packages, such as ``Minimum size 80 and 
smaller.'' Others felt that option might be misleading to retailers and 
consumers, and the alternative was rejected. Some subcommittee members 
suggested that the mixing of sizes in a master container should be 
discouraged. Others responded that such flexibility in packaging was 
responsive to the needs of some handlers, and those needs should be 
accommodated when possible, within the requirements of the orders.
    This change requiring master containers containing consumer 
packages of different fruit sizes to be marked identifying the 
existence of size variations, permits handlers to continue to meet the 
demands of their buyers, but ensure that the fruit size within 
individual consumer packages contained within master containers is 
accurately and clearly marked on the master containers.
    In Secs. 916.350 and 917.442 of the orders' rules and regulations 
concerning nectarines and peaches, respectively, the use of pack 
regulations is specified. 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. 
Handlers of nectarines and peaches have informed the NAC and PCC that 
some larger sizes of nectarines and peaches are increasingly being 
converted from tray-packs to volume-filled packs. Since volume-filled 
containers are less costly to pack and market demands change, handlers 
have opted to pack a greater proportion of large, high-quality fruit in 
volume-filled containers. In 1998, lower market prices caused handlers 
to convert size 44 nectarines and peaches from tray-packed containers 
to volume-

[[Page 19029]]

filled containers. However, there are currently no weight counts 
published for size 44 nectarines and peaches.
    In 1994 and 1995, when the NAC and PCC last conducted tests to 
determine the number of fruit of various sizes that weighed 16 pounds, 
which is the standard inspection sample weight, size 44 nectarines and 
peaches were not usually packed in volume-filled containers. More 
commonly, size 44 nectarines and peaches were packed in tray-packs. As 
a result, weight count requirements were not needed by the industries 
for this size. As the practice of converting tray-packed containers of 
size 44 nectarines and peaches to volume-filled containers has 
increased, the NAC and PCC have referred to previously-conducted size 
studies and determined that weight-count standards for size 44 
nectarines and peaches need to be included in the weight-count 
standards with those for the other sizes of fruit. The NAC and PCC have 
also determined that the correct weight-count standard for size 44 is a 
maximum of 33 pieces of early-season nectarines and all peaches, and a 
maximum of 30 pieces of mid-season and late-season nectarines in a 16-
pound sample. The addition of weight-count standards for size 44 
nectarines and peaches converted from tray-packed containers to volume-
filled containers is expected to benefit producers and handlers by 
giving handlers increased flexibility in meeting marketing demands.
    Therefore, the NAC and PCC unanimously recommended modifications to 
the weight-count standards for nectarines and peaches by the addition 
of weight-count standards for size 44 nectarines and peaches. Such a 
change modifies Tables 1 and 2 of paragraphs (a)(4)(iv) in 
Secs. 916.350 and 917.442 of the regulations by adding size 44 and the 
applicable weight-count standard of a maximum of 33 pieces of early-
season nectarines and all peaches, and a maximum of 30 pieces of mid-
season and late-season nectarines in a 16-pound sample. The change will 
permit handlers to more easily convert tray-packed nectarines and 
peaches to volume-filled containers. This change is expected to 
decrease the handling costs associated with such conversions, and 
permit handlers to better meet marketing demands.
    In Secs. 916.356 and 917.459 of the orders' rules and regulations 
concerning nectarines and peaches, respectively, shipments of ``CA 
Utility'' quality nectarines and peaches have been permitted since the 
1996 season, contingent upon the fruit in such containers meeting 
certain relaxed quality requirements. ``CA Utility'' quality is a 
lower-quality fruit than U.S. No. 1. Previously, the requirement for 
containers of ``CA Utility'' nectarines and peaches provided that not 
more than 30 percent of the fruit in any container meet or exceed the 
requirements of U.S. No. 1. This relaxation increases that limitation 
from 30 percent to not more than 40 percent provided that the 
additional 10 percent of the U.S. No. 1 has non-scoreable blemishes. 
This relaxation is anticipated to benefit growers, handlers, and 
consumers.
    Containers marked ``CA Utility'' must be inspected by the 
Inspection Service and certified as meeting the ``CA Utility'' quality 
requirements. Part of the inspection process is to evaluate the fruit 
in accordance with the requirements of Standards and the orders. In 
conducting inspections, inspectors are required to evaluate various 
blemishes. Some blemishes are serious or severe enough to be ``scored'' 
against the fruit as defects which are damaging to the grade of the 
fruit, while some other blemishes are either not serious or severe 
enough to affect the grade of the fruit. In the first instance, the 
blemishes are termed ``scoreable'' defects; and, in the second 
instance, the blemishes are termed ``non-scoreable'' defects. Some 
committee members supported increased percentages of U.S. No. 1 fruit 
in boxes of ``CA Utility'' quality nectarines and peaches provided that 
such non-scoreable blemishes are present on the additional 10 percent 
of the fruit grading U.S. No. 1 in boxes marked ``CA Utility.''
    A niche market exists for ``CA Utility'' quality fruit and an 
opportunity should be made available to market somewhat better quality. 
It was estimated that the relaxation from not more than 30 percent U.S. 
No. 1 to not more than 40 percent provided that the additional 10 
percent U.S. No. 1 fruit in the containers has non-scoreable blemishes 
would increase shipments of ``CA Utility'' quality nectarines and 
peaches by one-half of one percent.
    According to comments made at the committee meetings on December 2, 
1998, a majority of the members of the committees supported allowing 
the use of ``CA Utility'' fruit during the 1999 season, and the change 
in quality requirements, because those requirements solved handler 
problems at the end of the 1998 season. One committee member, however, 
commented that there was little merit to adding one-half of one percent 
to the marketplace. Another indicated that perhaps a review of the 
entire grade structure would address the problem and did not advocate 
relaxing the percentage of U.S. No. 1 in ``CA Utility'' containers.
    The committees considered several alternatives at the meetings. One 
alternative was to leave the percentage of U.S. No. 1 nectarines and 
peaches permitted in ``CA Utility'' unchanged. It was determined that 
alternative would not address the problem facing the industry. The NAC 
and PCC also considered reviewing the entire grade structure, but that 
alternative was considered a long-term project which could not be 
accomplished in enough time to address the problem for the 1999 season. 
Another alternative discussed was to limit the change to handlers 
operating under the Partners-In-Quality (PIQ) Program and allow those 
handlers to pack not more than 40 percent of U.S. No. 1 provided that 
the additional 10 percent of U.S. No. 1 has non-scoreable blemishes. 
Under the PIQ Program, handlers self-inspect their nectarines and 
peaches against the minimum grade, size, quality, maturity, pack, and 
container marking requirements of the orders and the Standards, 
according to the procedures and requirements specified in their 
Inspection-Service-approved operation manuals.
    Under the requirements of the program, PIQ handlers are required to 
meet the minimum grade, maturity, size, quality, container, and pack 
requirements on every container. A handler under conventional in-line 
inspection is required to meet the minimum grade, maturity, size, 
quality, container, and pack requirements on an entire lot of fruit, 
which is not as restrictive as meeting the requirements on every 
container. For example, under in-line inspection, a handler may present 
a lot of 1,000 containers of nectarines or peaches for inspection. The 
tolerance for misshapen nectarines is currently limited to 25 percent 
per lot. The variance in misshapen nectarines in containers within the 
lot could change from one container to another, provided that the 
average within the entire lot does not exceed 25 percent. For PIQ 
handlers, there is no opportunity to ``average within'' grade on lots 
of fruit; each container is graded on its own as though it were a lot. 
PIQ handlers, thus, face more rigorous requirements than handlers under 
conventional in-line inspection. This alternative would address PIQ 
handler concerns by providing them greater flexibility with regard to 
both U.S. No. 1 and ``CA Utility'' quality containers. However, this 
alternative was determined to favor a small percentage of the industry 
and was rejected.
    Some members of the committees supported continued shipments of 
``CA

[[Page 19030]]

Utility'' quality nectarines and peaches during the 1999 season with a 
relaxation of the percentage from 30 percent U.S. No. 1 in containers 
marked ``CA Utility'' to 40 percent U.S. No. 1, provided that the 
additional 10 percent of the U.S. No. 1 has non-scoreable blemishes. 
They believed that the additional marketing opportunities provided by 
allowing handlers to ship such fruit were important to the industries.
    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 adjustments to the ``well matured'' 
requirements for several varieties of nectarines and peaches. ``Well 
matured'' determinations are made using maturity guides (e.g., color 
chips). 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 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 final rule makes adjustments to the minimum sizes 
authorized for various varieties of nectarines and peaches for the 1999 
season. Size regulations provide greater consumer satisfaction and 
encourage more repeat purchases. 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 will not impose any additional reporting or 
recordkeeping requirements on either small or large nectarine and peach 
handlers. As with all Federal marketing order programs, reports and 
forms are periodically reviewed to reduce information requirements and 
duplication by industry and public sector agencies.
    As noted in the initial regulatory flexibility analysis, 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. 
Further, the public comments received concerning this proposal did not 
specifically address the initial regulatory flexibility analysis. One 
comment was received from a person who identified herself as a small 
grower. This comment is discussed later in this document.
    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 
in late Fall. Like all committee meetings, the December 2, 1998, 
meetings were public meetings and all entities, both large and small, 
were able to express views on these issues. The committees are composed 
of producers.
    A proposed rule concerning this action was published in the Federal 
Register on March 8, 1999 (64 FR 11346). Copies of the rule were mailed 
to all committee members and handlers by the NAC and PCC staff on March 
9, 1999. Finally, the rule was made available through the Internet by 
the Office of the Federal Register. A 20-day comment period ending 
March 29, 1999, was provided to allow interested persons to respond to 
the proposal. Three comments were received during the comment period in 
response to the proposal.
    One commenter supported the continued shipment of ``CA Utility'' 
quality fruit, and the proposed changes to the ``CA Utility'' quality 
requirements indicating that the changes will enable shippers to better 
meet buyer needs; i.e., provide blemished fruit to buyers requesting 
such fruit, and unblemished fruit to buyers requesting unblemished 
fruit.
    Another commenter requested a clarifying change in the size 
markings for master containers when multiple sizes of consumer packages 
are contained within the master containers. The commenter contended 
that the proposed rule failed to make a distinction between container 
marking requirements for master containers of consumer packages with 
only one size of fruit and container marking requirements for master 
containers of consumer packages with different sizes of fruit. The 
commenter noted that it was the intent of the committees that container 
marking requirements for master containers of consumer packages with 
only one size fruit remain unchanged. The committees' intent was to 
specify that when master containers contain consumer packages with 
different sizes of fruit, the container should be marked with the 
smallest size and the words ``and larger.'' Changes to clarify the 
intent of the committees have been made as requested by the commenter 
in Secs. 916.350 (a)(8)(i) and 917.442 (a)(9)(i).
    The third commenter, who identified herself as a small grower, 
indicated that fruit grown in Northern California was harvested and 
marketed at least 10 days later than fruit from the other parts of the 
State, and that the orders do not take this into account.
    The regulations do reflect seasonal variations and growing 
conditions, as appropriate. For example, under the orders, both 
variety-specific and non-listed variety size requirements are 
established. The requirements are carefully developed based on the 
sizing and maturity characteristics of the various nectarine and peach 
varieties, and the consumer acceptance levels of the various sizes of 
fruit. The major commercial varieties grown in California are subject 
to the variety-specific requirements and account for about 99 percent 
of all fruit shipments. The other minor varieties are subject to the 
non-listed variety requirements and account for about one percent of 
all shipments. The variety-specific size requirements apply to all 
shipments of the named varieties, but for non-listed varieties, the 
size requirements are applied based upon when the fruit is shipped. A 
smaller minimum size is applied for non-listed varieties shipped 
earlier in the season, and a larger one for later shipments, because 
varieties that are harvested later in the season typically are larger 
when mature, and consumers generally prefer larger fruit. In addition, 
growing time not only improves the size of the fruit, but also 
increases its maturity. Maturity requirements also reflect growing 
conditions. Accordingly, no changes to the regulations are made based 
on the comment.
    Changes to the regulations also have been made to reflect the 
effective date and change the reference to ``Prima Peach VIII'' to 
``Prima Peach 13.''
    After consideration of all relevant matters presented, including 
the comments received, the information and recommendations submitted by 
the committees, and other available information, it is hereby found 
that this

[[Page 19031]]

rule, as hereinafter set forth, will tend to effectuate the declared 
policy of the Act.
    It is further found that good cause exists for not postponing the 
effective date on this rule until 30 days after publication in the 
Federal Register (5 U.S.C. 553) because: (1) Handlers have made 
adjustments in their handling practices to comply with the changes 
recommended for the 1999 shipping season; (2) the 1999 shipping season 
for California nectarines and peaches is expected to begin in mid-
April, and these changes should apply to as many of those shipments as 
possible.

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.

PART 916--NECTARINES GROWN IN CALIFORNIA

    2. Section 916.350 is amended by:
    (A) Revising paragraph (a)(3);
    (B) Revising paragraphs (a)(4)(i) and (a)(4)(ii);
    (C) Revising TABLES 1 and 2 in paragraph (a)(4)(iv);
    (D) Revising paragraph (a)(8)(i); and (E) Revising paragraph (d) to 
read as follows:


Sec. 916.350  California nectarine container and pack regulation.

    (a) * * *
    (3) Each package or container of nectarines, except for consumer 
packages in master containers and consumer packages mailed directly to 
consumers, shall bear on one outside end in plain sight and in plain 
letters at least 3/8 inch in height the words ``U.S. Mature'' or ``US 
MAT'' if such nectarines are mature as defined in the United States 
Standards for Grades of Nectarines (7 CFR 51.3145 through 51.3160); or 
may instead bear on one outside end in plain sight and in plain letters 
at least 3/8 inch in height the words ``California Well Matured'' or 
``CA WELL MAT'' if such nectarines are well matured as defined in 
Sec. 916.356.
    (4) * * *
    (i) The size of nectarines packed in molded forms (tray-packs) in 
the
No. 22D and the No. 32 standard boxes, or consumer packages; No. 22G 
standard lug boxes, experimental containers; 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 
experimental containers, and in 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.
* * * * *
    (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
44 .......................................................            33
42 .......................................................            31
40 .......................................................            30
36 .......................................................            25
34 .......................................................            23
32 .......................................................            22
30 .......................................................            19
------------------------------------------------------------------------


 Table 2.--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
         Column A--Tray pack size designation              varieties
                                                          specified in
                                                           paragraphs
                                                         (a)(6)(ii) and
                                                         (a)(9)(ii) of
                                                         Sec.  916.356
------------------------------------------------------------------------
108..................................................                 92
 96..................................................                 87
 88..................................................                 78
 84..................................................                 75
 80..................................................                 67
 72..................................................                 61
 70..................................................                 56
 64..................................................                 51
 60..................................................                 46
 56..................................................                 43
 54..................................................                 39
 50..................................................                 37
 48..................................................                 33
 44..................................................                 30
 42..................................................                 28
 40..................................................                 26
 36..................................................                 25
 34..................................................                 23
 32..................................................                 22
 30..................................................                 19
------------------------------------------------------------------------

* * * * *
    (8) * * *
    (i) The number of individual consumer packages, the net weight of 
each consumer package, and the size description of the contents: 
Provided, That when consumer packages of different sizes of nectarines 
are contained in a master container, the size description of the 
contents shall indicate the minimum size contained therein, using the 
terms ``Minimum size 60 and larger,'' or ``Minimum size 70 and 
larger,'' etc., as applicable.
* * * * *
    (d) During the period April 20, 1999 through October 31, 1999, each 
container or package when packed with nectarines meeting the ``CA 
Utility'' quality requirements, shall bear the words ``CA Utility,'' 
along with all other required container markings, in letters at least 
3/8 inch in height on the visible display panel. Consumer bags or 
packages must also be clearly marked on the consumer bags or packages 
as ``CA Utility,'' along with other required markings, in letters at 
least 3/8 inch in height.
    3. Section 916.356 is amended by:
    (A) Revising the introductory text of paragraph (a)(1);
    (B) Removing TABLE 1 in paragraph (a)(1)(i);

[[Page 19032]]

    (C) Revising TABLE 1 TO PARAGRAPH (a)(1)(iv); and
    (D) Revising the introductory text of paragraphs (a)(4) and (a)(6) 
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. 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 20, 1999 through October 31, 1999, any handler 
may handle nectarines if such nectarines meet ``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:
* * * * *

                     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 Jewel..............................  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 in Table 1 of this paragraph.

* * * * *
    (4) Any package or container of Arctic Glo, Arctic Rose, Arctic 
Star, Diamond Bright, Early May, Juneglo, June Pearl, Kay Glo, May 
Diamond, May Grand, May Lion, 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:
* * * * *
    (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, Flaming Red, Flavortop, Flavortop I, 
Grand Diamond, Grand Pearl, Honey Kist, How Red, July Red, Kay Diamond, 
King Jim, Late Red Jim, Mid Glo, Niagara Grand, P-R Red, Prima Diamond 
IX, Prima Diamond XVI, Prima Diamond XIX, Prima Diamond XXIV, Red 
Diamond, Red Glen, Red Jim, Rio Red, Royal Giant, Ruby Diamond, Ruby 
Pearl, Scarlet Red, 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, Sunburst, Sun Diamond, Sunny Red, Super Star, Terra White, 
Zee Glo, or 491-48 variety nectarines unless:
* * * * *

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

    4. Section 917.442 is amended by:
    (A) Revising paragraph (a)(3);

[[Page 19033]]

    (B) Revising paragraph (a)(4)(ii);
    (C) Revising TABLES 1 and 2 in paragraph (a)(4)(iv);
    (D) Revising paragraph (a)(9)(i); and
    (E) Revising paragraph (d) to read as follows:


Sec. 917.442  California peach container and pack regulation.

    (a) * * *
    (3) Each package or container of peaches, except for consumer 
packages in master containers and consumer packages mailed directly to 
consumers, shall bear on one outside end in plain sight and in plain 
letters at least \3/8\ inch in height the words ``U.S. Mature'' or ``US 
MAT'' if such peaches are mature as defined in the United States 
Standards for Grades of Peaches (7 CFR 51.1210 through 51.1223); or may 
instead bear on one outside end in plain sight and in plain letters at 
least 3/8 inch in height the words ``California Well Matured'' or ``CA 
WELL MAT'' if such peaches are well matured as defined in Sec. 917.459 
of this part.
    (4) * * *
    (ii) The size of peaches in molded forms in experimental containers 
and in the No. 22G standard lug box 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.
* * * * *
    (iv) * * *

 Table 1.--Weight-Count Standards for All Varieties of Peaches Packed in
                 Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
                                                       Column B--Maximum
                                                       number of peaches
                                                          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), and
                                                         (b)(3) of Sec.
                                                            917.459
------------------------------------------------------------------------
96...................................................                 96
88...................................................                 92
84...................................................                 83
80...................................................                 76
72...................................................                 69
70...................................................                 65
64...................................................                 57
60...................................................                 51
56...................................................                 47
54...................................................                 44
50...................................................                 39
48...................................................                 35
44...................................................                 33
42...................................................                 31
40...................................................                 30
36...................................................                 27
34...................................................                 25
32...................................................                 23
30...................................................                 21
------------------------------------------------------------------------


 Table 2.--Weight-Count Standards for All Varieties of Peaches Packed in
                 Loose-Filled or Tight-Filled Containers
------------------------------------------------------------------------
                                                              Column B--
            Column A--Tray pack size designation                 \1\
------------------------------------------------------------------------
96.........................................................           96
88.........................................................           83
84.........................................................           79
80.........................................................           73
72.........................................................           64
70.........................................................           59
64.........................................................           53
60.........................................................           46
56.........................................................           45
54.........................................................           43
50.........................................................           39
48.........................................................           35
44.........................................................           33
42.........................................................           31
40.........................................................           30
36.........................................................           27
34.........................................................           25
32.........................................................           23
30.........................................................          21
------------------------------------------------------------------------
\1\ Maximum number of peaches in 16-pound sample applicable to varieties
  specified in paragraphs (a)(6)(ii) and (c)(3) of Sec.  917.459

* * * * *
    (9) * * *
    (i) The number of individual consumer packages, the net weight of 
each consumer package, and the size description of the contents: 
Provided, That when consumer packages of different sizes of peaches are 
contained in a master container, the size description of the contents 
shall indicate the minimum size contained therein, using the terms 
``Minimum size 60 and larger,'' or ``Minimum size 70 and larger,'' 
etc., as applicable.
* * * * *
    (d) During the period April 20, 1999 through November 23, 1999, 
each container or package when packed with peaches meeting ``CA 
Utility'' quality requirements, shall bear the words ``CA Utility,'' 
along with all other required container markings, in letters at least 
\3/8\ inch in height on the visible display panel. Consumer bags or 
packages must also be clearly marked on the consumer bags or packages 
as ``CA Utility,'' along with other required markings, in letters at 
least \3/8\ inch in height.
    5. Section 917.459 is amended by:
    (A) Revising the introductory text of paragraph (a)(1);
    (B) Removing TABLE 1 in paragraph (a)(1)(i);
    (C) Revising TABLE 1 TO PARAGRAPH (a)(1)(iv); and
    (D) Revising the introductory text of paragraphs (a)(3), (a)(5), 
and (a)(6) and adding paragraph (a)(4) introductory text 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 20, 1999 
through November 23, 1999, any handler may handle peaches if such 
peaches meet ``CA Utility'' quality requirements. The term ``CA 
Utility'' means that not more than 40 percent of the peaches in any 
container meet or exceed the requirements of the U.S. No. 1 grade, 
except that when more than 30 percent of the peaches 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 Peaches; and that such peaches are 
mature and are:
* * * * *
    (iv) * * *

                     Table 1 To Paragraph (a)(1)(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

[[Page 19034]]

 
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
Lady Sue...................................  L
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 Gattie 8.............................  L
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
Suncrest...................................  G
Sweet Scarlet..............................  J
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 in table 1 of this paragraph.

* * * * *
    (3) Any package or container of Goldcrest, Super Rich, or Topcrest 
variety peaches unless:
* * * * *
    (4) Any package or container of Snow Dance variety peaches unless:
* * * * *
    (5) Any package or container of Babcock, Crimson Lady, Crown 
Princess, David Sun, Early May Crest, Flavorcrest, Golden Crest, 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 Scarlet, 
or White Dream variety of peaches unless:
* * * * *
    (6) Any package or container of Amber Crest, August Lady, Autumn 
Flame, Autumn Lady, Autumn Rose, Cal Red, Carnival, Cassie, Champagne, 
Diamond Princess, Early Elegant Lady, Early O'Henry, Elegant Lady, 
Fairtime, Fancy Lady, Fay Elberta, Flamecrest, John Henry, June Pride, 
Kaweah, Kings Lady, Lacey, Late Ito Red, Madonna Sun, Morning Lord, 
O'Henry, Prima Gattie, Prima Peach 13, Prima Peach 20, Prima Peach 23, 
Red Dancer, 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, Yukon King, Zee Lady, or 1-01-505 variety of peaches 
unless:
* * * * *
    Dated: April 14, 1999.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 99-9678 Filed 4-14-99; 1:28 pm]
BILLING CODE 3410-02-P