[Federal Register Volume 66, Number 63 (Monday, April 2, 2001)]
[Rules and Regulations]
[Pages 17479-17486]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-7979]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 63 / Monday, April 2, 2001 / Rules 
and Regulations  

[[Page 17479]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV01-916-1 IFR]


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

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule with request for comments.

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

SUMMARY: This rule revises the handling requirements for California 
nectarines and peaches by modifying the grade, size, and maturity 
requirements for fresh shipments of these fruits, beginning with 2001 
season shipments. This rule also continues requirements for placement 
of Federal-State Inspection Service lot stamps for the 2001 season. The 
marketing orders regulate the handling of nectarines and peaches grown 
in California and are administered locally by the Nectarine 
Administrative and Peach Commodity Committees (committees). This rule 
enables handlers to continue shipping fresh nectarines and peaches 
meeting consumer needs in the interests of producers, handlers, and 
consumers of these fruits.

DATES: Effective April 1, 2001; comments received by June 1, 2001 will 
be considered prior to issuance of any final rule.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this rule. Comments must be sent to the Docket Clerk, Fruit 
and Vegetable Programs, AMS, USDA, room 2525-S, P.O. Box 96456, 
Washington, DC 20090-6456; Fax: (202) 720-5698, or E-mail: 
[email protected]. All comments should reference the docket 
number and the date and page number of this issue of the Federal 
Register and will be made available for public inspection at the Office 
of the Docket Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT: Terry Vawter, Marketing Specialist, 
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, P.O. 
Box 96456, room 2525-S, Washington, DC 20090-6456; telephone: (202) 
720-2491; Fax: (202) 720-5698.
    Small businesses may request information on complying with this 
regulation by contacting Jay Guerber, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, P.O. Box 96456, room 
2525-S, Washington, DC 20090-6456; telephone: (202) 720-2491, Fax: 
(202) 720-5698, or E-mail: [email protected].

SUPPLEMENTARY INFORMATION: This rule is issued under Marketing 
Agreement Nos. 124 and 85, and Marketing Order Nos. 916 and 917 (7 CFR 
parts 916 and 917) regulating the handling of nectarines and peaches 
grown in California, respectively, hereinafter referred to as the 
``orders.'' The marketing agreements and orders are effective under the 
Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-
674), hereinafter referred to as the ``Act.''
    The Department of Agriculture (Department) is issuing this rule in 
conformance with Executive Order 12866.
    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule.
    The Act provides that administrative proceedings must be exhausted 
before parties may file suit in court. Under section 608c(15)(A) of the 
Act, any handler subject to an order may file with the Secretary a 
petition stating that the order, any provision of the order, or any 
obligation imposed in connection with the order is not in accordance 
with law and request a modification of the order or to be exempted 
therefrom. A handler is afforded the opportunity for a hearing on the 
petition. After the hearing, the Secretary would rule on the petition. 
The Act provides that the district court of the United States in any 
district in which the handler is an inhabitant, or has his or her 
principal place of business, has jurisdiction to review the Secretary's 
ruling on the petition, provided an action is filed not later than 20 
days after the date of the entry of the ruling.
    Under the orders, lot stamping, grade, size, maturity, container, 
and pack requirements are established for fresh shipments of California 
nectarines and peaches. Such requirements are in effect on a continuing 
basis. The Nectarine Administrative Committee (NAC) and the Peach 
Commodity Committee (PCC), which are responsible for local 
administration of the orders, met on December 5, 2000, and unanimously 
recommended that the handling requirements be revised for the 2001 
season, which begins April 1. The changes: (1) continue the lot 
stamping requirements which were in effect for the 2000 season; (2) 
authorize shipments of ``CA Utility'' quality fruit to continue during 
the 2001 season; and (3) revise varietal maturity, quality, 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 are encouraged to 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 are dormant. 
The committees will recommend a crop estimate at their meetings in 
early spring. However, preliminary estimates indicate that the 2001 
crop will be similar in size and characteristics to the

[[Page 17480]]

2000 crop, which totaled 20,645,000 containers of nectarines and 
21,491,000 containers of peaches.

Lot Stamping Requirements

    Sections 916.55 and 917.45 of the orders require inspection and 
certification of nectarines and peaches, respectively, handled by 
handlers. Sections 916.115 and 917.150 of the nectarine and peach 
orders' rules and regulations, respectively, require that all exposed 
or outside containers of nectarines and peaches, and at least 75 
percent of the total containers on a pallet, be stamped with the 
Federal-State Inspection Service (inspection service) lot stamp number 
after inspection and before shipment to show that the fruit has been 
inspected. These requirements apply except for containers that are 
loaded directly onto railway cars, exempted, or mailed directly to 
consumers in consumer packages.
    Lot stamp numbers are assigned to each handler by the inspection 
service, and are used to identify the handler and the date on which the 
container was packed. The lot stamp number is also used by the 
inspection service to identify and locate the inspector's corresponding 
working papers or field notes. Working papers are the documents each 
inspector completes while performing an inspection on a lot of 
nectarines or peaches. Information contained in the working papers 
supports the grade levels certified to by the inspector at the time of 
the inspection.
    The lot stamp number has value for the industries, as well. The 
committees utilize the lot stamp number and date codes to trace fruit 
in the container back to the orchard where it was harvested. This 
information is essential in providing quick information for a crisis 
management program instituted by the industries. Without the lot stamp 
information on each container, the ``trace back'' effort, as it is 
called, would be jeopardized.
    Recently, several new containers have been introduced for use by 
nectarine and peach handlers. These containers are returnable plastic 
containers. Use of these containers may represent substantial savings 
to retailers for storage and disposal, as well as for handlers who do 
not have to pay for traditional, single-use, containers. Fruit is 
packed in the containers by the handler, delivered to the retailer, 
emptied, and returned to a central clearinghouse for cleaning and 
redistribution to the handler. However, because they were designed for 
reuse, these containers do not support markings that are permanently 
affixed to the container. All markings must be printed on cards that 
slip into tabs on the front or sides of the containers. The cards are 
easily inserted and removed, and further contribute to the efficient 
reuse of the container.
    The cards are a concern for the inspection service and the 
industries. Because of their unique portability, the cards on pallets 
of inspected containers could easily be moved to pallets of uninspected 
containers, thus permitting a handler to avoid inspection on a lot or 
lots of nectarines or peaches. This would also jeopardize the use of 
the lot stamp numbers for the industries' ``trace back'' program.
    To address this concern for the 2000 season, the committees 
recommended that pallets of inspected fruit be identified with a USDA-
approved pallet tag containing the lot stamp number, in addition to the 
lot stamp number printed on the card on the container. In this way, 
noted the committees, an audit trail would be created, confirming that 
the lot stamp number on the containers on each pallet corresponds to 
the lot stamp number on the pallet tag.
    The committees and the inspection service presented their concerns 
to the manufacturers of these types of containers prior to the 2000 
season. At that time, one manufacturer indicated a willingness to 
address the problem by offering an area on the principal display panel 
where the container markings would adhere to the container. Another 
possible improvement discussed was for an adhesive for the current 
style of containers which would securely hold the cards with the lot 
stamp numbers, yet would be easy for the clearinghouse to remove when 
the containers are washed. However, the changes would not be in effect 
for the 2000 season, but were anticipated to be in effect for the 2001 
season.
    In a meeting of the Returnable Plastic Container Task Force on 
November 1, 2000, it was determined that while such a display panel 
might be available for placement of the cards on some containers, there 
was no assurance from container manufacturers that such a panel would 
be available for all returnable plastic containers utilized by the 
industries. In addition, an adhesive is reportedly currently available, 
which may hold the cards securely in place while affording the ease of 
removal necessary for cleaning and redistribution. However, as the 
subcommittee found, the adhesive has yet to be tested under current 
conditions and may not be widely available.
    For those reasons, the task force recommended to the committees 
that the regulation in effect for the 2000 season requiring lot stamp 
numbers on USDA-approved pallet tags, as well as on individual 
containers on a pallet, be again required for the 2001 season. The 
committees, in turn, recommended unanimously that such requirement be 
extended for the 2001 season, as well.
    Thus, Secs. 916.115 and 917.150 will be amended to require the lot 
stamp number to be printed on a USDA-approved pallet tag, in addition 
to the requirement that the lot stamp number be applied to cards on all 
exposed or outside containers, and not less than 75 percent of the 
total containers on a pallet.

Grade and 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 required 
nectarines to meet a modified U.S. No. 1 grade. Specifically, 
nectarines were required to meet U.S. No. 1 grade requirements, except 
for a slightly tighter requirement for scarring and a more liberal 
allowance for misshapen fruit. Prior to the 1996 season, Sec. 917.459 
required peaches to meet the requirements of a U.S. No. 1 grade, except 
for a more liberal allowance for open sutures that were not ``serious 
damage.''
    This rule revises Secs. 916.350, 916.356, 917.442, and 917.459 to 
permit shipments of nectarines and peaches meeting ``CA Utility'' 
quality requirements during the 2001 season. (``CA Utility'' fruit is 
lower in quality than that meeting the modified U.S. No. 1 grade 
requirements.) Shipments of nectarines and peaches meeting ``CA 
Utility'' quality requirements have been permitted each season since 
1996.
    Studies conducted by the NAC and PCC indicate that some consumers, 
retailers, and foreign importers find the lower-quality fruit 
acceptable in some markets. When shipments of ``CA Utility'' nectarines 
were first permitted in 1996, they represented 1.1 percent of all 
nectarine shipments, or approximately 210,000 containers. Shipments of 
``CA Utility'' nectarines reached a high of 4.5 percent (928,500 
containers) during the 2000 season, but usually represent approximately 
3 to 3.5 percent of total nectarine shipments. Shipments of ``CA 
Utility'' peaches totaled 1.9 percent of all peach shipments, or 
approximately 366,000 containers, during the 1996 season. Shipments of 
``CA Utility'' peaches reached a high of 4.1 percent of all peach 
shipments (872,500 containers) during the 2000 season, but usually

[[Page 17481]]

range from 3 to 3.5 percent of total peach shipments.
    Handlers have also commented that the availability of ``CA 
Utility'' lends flexibility to their packing operations. They have 
noted that they now have the opportunity to remove marginal nectarines 
and peaches from their U.S. No. 1 containers and place this fruit in 
containers of ``CA Utility.'' This flexibility, the handlers note, 
results in making the contents of their U.S. No. 1 containers better 
without sacrificing any fruit.
    For these reasons, the committees unanimously recommended that 
shipments of ``CA Utility'' quality nectarines and peaches be permitted 
for the 2001 season with a continuing in-house statistical review. 
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 ``CA Utility'' quality requirements during the 2001 
season, on the same basis as the 2000 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'' 
determinations for nectarines and peaches 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 upon the most-recent information 
available on the individual characteristics of each nectarine and peach 
variety.
    These maturity guides established under the handling regulations of 
the California tree fruit marketing orders have been codified in the 
Code of Federal Regulations as TABLE 1 in Secs. 916.356 and 917.459, 
for nectarines and peaches, respectively.
    The requirements in the 2001 handling regulations are the same as 
those that appeared in the 2000 handling regulations with a few 
exceptions. Those exceptions are explained in this rule.
    Nectarines: Requirements for ``well-matured'' nectarines are 
specified in Sec. 916.356 of the order's rules and regulations. This 
rule revises TABLE 1 of paragraph (a)(1)(iv) of Sec. 916.356 to add 
maturity guides for two varieties of nectarines. Specifically, SPI 
recommended adding maturity guides for the Diamond Bright nectarine 
variety to be regulated at the J maturity guide, and for the Honey Kist 
variety to be regulated at the I maturity guide.
    The NAC recommended these maturity guide 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: Requirements for ``well-matured'' peaches are specified in 
Sec. 917.459 of the order's rules and regulations. This rule revises 
TABLE 1 of paragraph (a)(1)(iv) of Sec. 917.459 to add maturity guides 
for four varieties of peaches. Specifically, SPI recommended adding 
maturity guides for the Autumn Flame and Vista peach varieties to be 
regulated at the J maturity guide, for the Earlitreat variety to be 
regulated at the H maturity guide, and for the Summer Zee variety to be 
regulated at the L maturity guide.
    The PCC recommended these maturity guide 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 (in Secs. 916.52 and 917.41) 
authority to establish size requirements. Size regulations encourage 
producers to leave fruit on the tree longer, which improves both size 
and maturity of the fruit. Acceptable fruit size provides greater 
consumer satisfaction and promotes repeat purchases; and, therefore, 
increases returns to producers and handlers. In addition, increased 
fruit size results in increased numbers of packed containers of 
nectarines and peaches per acre, also a benefit to producers and 
handlers.
    Varieties recommended for specific size regulations 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 attained by the regulated varieties and 
those varieties with the potential to become regulated, and determine 
whether revisions and additions to the size requirements are 
appropriate.
    Nectarines: Section 916.356 of the order's rules and regulations 
specifies minimum size requirements for fresh nectarines in paragraphs 
(a)(2) through (a)(9). This rule revises Sec. 916.356 to establish 
variety-specific minimum size requirements for 7 varieties of 
nectarines, which were produced in commercially significant quantities 
of more than 10,000 containers for the first time during the 2000 
season. This rule also removes the variety-specific minimum size 
requirements for 11 varieties of nectarines whose shipments fell below 
5,000 containers during the 2000 season.
    For example, one of the varieties recommended for addition to the 
variety-specific minimum size requirements is the September Free 
variety of nectarines, recommended for regulation at a minimum size 80. 
Studies of the size ranges attained by the September Free variety 
revealed that 100 percent of the containers met the minimum size of 80 
during the 2000 season. Sizes ranged from size 40 to size 80, with 3.3 
percent of the packages in the 40 sizes, 37 percent in the 50 sizes, 
32.5 percent in the 60 sizes, 23.8 percent in the 70 sizes and 3.3 
percent at size 80.
    A review of other varieties with the same harvesting period 
indicated that the September Free variety was also comparable to those 
varieties in its size ranges for that time period. Discussions with 
handlers known to handle the variety confirm this information regarding 
minimum size and harvesting period, as well. Thus, the recommendation 
to place the September Free variety in the variety-specific minimum 
size regulation at a minimum size 80 is appropriate.
    Historical 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 and handlers of the 
varieties affected are personally invited to comment when such size 
recommendations are deliberated. Producer and handler comments are also 
considered at both NAC and subcommittee meetings when the staff 
receives such comments, either in writing or verbally.
    For reasons similar to those discussed in the preceding paragraph, 
the introductory text of paragraph (a)(3) of Sec. 916.356 is revised to 
include the Crimson Baby nectarine variety, and the introductory text 
of paragraph (a)(4) is revised to include the Scarlet Jewels nectarine 
variety. In addition, the introductory text of paragraph (a)(6) of 
Sec. 916.356 is revised to include the Arctic Mist, August Pearl, July 
Pearl, September Free, and Spring Sweet nectarine varieties.
    This rule also revises the introductory text of paragraphs (a)(4) 
and (a)(6) of Sec. 916.356 to remove 11 varieties from the variety-
specific minimum size requirements specified in the section because 
less than 5,000 containers of

[[Page 17482]]

each of these varieties were produced during the 2000 season. 
Specifically, the introductory text of paragraph (a)(4) of Sec. 916.356 
is revised to remove the Diamond Jewel and May Lion nectarine 
varieties; and the introductory text of paragraph (a)(6) of 
Sec. 916.356 is revised to remove the Alshir Red, Autumn Delight, 
Crystal Rose, Fairlane, Fantasia, Kay Bright, Niagra Grand, Rio Red, 
and White September nectarine varieties.
    Nectarine varieties removed from the nectarine variety-specific 
minimum size requirements become subject to the non-listed variety size 
requirements specified in paragraphs (a)(7), (a)(8), and (a)(9) of 
Sec. 916.356.
    Peaches: Section 917.459 of the order's rules and regulations 
specifies minimum size requirements for fresh peaches in paragraphs 
(a)(2) through (a)(6), and paragraphs (b) and (c). This rule revises 
Sec. 917.459 to establish variety-specific minimum size requirements 
for 10 peach varieties that were produced in commercially significant 
quantities of more than 10,000 containers for the first time during the 
2000 season. This rule also removes the variety-specific minimum size 
requirements for 9 varieties of peaches whose shipments fell below 
5,000 containers during the 2000 season.
    For example, one of the varieties recommended for addition to the 
variety-specific minimum size requirements is the Coral Princess 
variety of peaches, which was recommended for regulation at a minimum 
size 72. Studies of the size ranges attained by the Coral Princess 
variety revealed that 100 percent of the containers met the minimum 
size of 72 during the 2000 season. The sizes ranged from the 30 sizes 
to the 70 sizes, with 1.6 percent of the containers meeting the 30 
sizes, 37 percent meeting the 40 sizes, 55.9 percent meeting the 50 
sizes, 4.9 percent meeting the 60 sizes, and 0.6 percent meeting size 
72. The size distribution for the 2000 season was similar to the size 
distribution for the 1999 season.
    A review of other varieties with the same harvesting period 
indicated that the Coral Princess variety was also comparable to those 
varieties in its size ranges for that time period. Discussions with 
handlers known to handle the variety confirm this information regarding 
minimum size and harvesting period, as well. Thus, the recommendation 
to place the Coral Princess variety in the variety-specific minimum 
size regulation at a minimum size 72 is appropriate.
    Historical 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 and handlers of the 
varieties affected are personally invited to comment when such size 
recommendations are deliberated. Producer and handler comments are also 
considered at both PCC and subcommittee meetings when the staff 
receives such comments, either in writing or verbally.
    For reasons similar to those discussed in the preceding paragraph, 
the introductory text of paragraph (a) (5) of Sec. 917.459 is revised 
to include the Kingscrest peach variety; and the introductory text of 
paragraph (a)(6) of Sec. 917.459 is revised to include the Autumn Red, 
Coral Princess, Garnet Jewel, Ivory Princess, Klondike, Pretty Lady, 
Snow Jewel, Summer Dragon, and Sweet Dream peach varieties.
    This rule also revises the introductory text of paragraphs (a)(2), 
(a)(3), (a)(5), and (a)(6) of Sec. 917.459 to remove 9 peach varieties 
from the variety-specific minimum size requirements specified in the 
section because less than 5,000 containers of each of these varieties 
were produced during the 2000 season. Thus, the introductory text of 
paragraph (a)(2) of Sec. 917.459 is revised to remove the Lady Sue 
peach variety; the introductory text of paragraph (a)(3) is revised to 
remove the Goldcrest peach variety; and the introductory text of 
paragraph (a)(5) is revised to remove the Merrill Gemfree peach 
variety. The introductory text of paragraph (a)(6) of Sec. 917.459 is 
revised to remove the Autumn Lady, Early O'Henry, Late September Snow, 
N117, Red Sun, and Suncrest peach varieties.
    Peach varieties removed from the peach variety-specific minimum 
size requirements become subject to the non-listed variety size 
requirements specified in paragraphs (b) and (c) Sec. 917.459.
    The NAC and PCC recommended these changes in the minimum size 
requirements based on a continuing review of the sizing and maturity 
relationships for these nectarine and peach varieties, and the consumer 
acceptance levels for various fruit sizes. This rule is designed to 
establish minimum size requirements for fresh nectarines and peaches 
consistent with expected crop and market conditions.
    This rule reflects the committees' and the Department's appraisal 
of the need to revise the handling requirements for California 
nectarines and peaches, as specified. The Department has determined 
that this rule will have a beneficial impact on producers, handlers, 
and consumers of fresh California nectarines and peaches.
    This rule establishes handling requirements for fresh California 
nectarines and peaches consistent with expected crop and market 
conditions, and will help ensure that all shipments of these fruits 
made each season will meet acceptable handling requirements established 
under each of these orders. This rule will also help the California 
nectarine and peach industries provide fruit desired by consumers. This 
rule is designed to establish and maintain orderly marketing conditions 
for these fruits in the interests of producers, handlers, and 
consumers.
    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA), the Agricultural Marketing Service (AMS) has considered the 
economic impact of this action on small entities. Accordingly, AMS has 
prepared this initial regulatory flexibility analysis.
    The purpose of the RFA is to fit regulatory actions to the scale of 
business subject to such actions in order that small businesses will 
not be unduly or disproportionately burdened. Marketing orders issued 
pursuant to the Act, and rules issued thereunder, are unique in that 
they are brought about through group action of essentially small 
entities acting on their own behalf. Thus, both statutes have small 
entity orientation and compatibility.
    There are approximately 300 California nectarine and peach handlers 
subject to regulation under the orders covering nectarines and peaches 
grown in California, and about 1,800 producers of these fruits in 
California. Small agricultural service firms, which includes handlers, 
are defined by the Small Business Administration [13 CFR 121.201] as 
those whose annual receipts are less than $5,000,000. Small 
agricultural producers are defined by the Small Business Administration 
as those having annual receipts of less than $500,000. A majority of 
these handlers and producers may be classified as small entities.
    The committees' staff has estimated that there are less than 20 
handlers in the industry who could be defined as other than small 
entities. In the 2000 season, the average handler price received was 
$9.00 per container or container equivalent of nectarines or peaches. A 
handler would have to ship at least 555,555 containers to have annual 
receipts of $5,000,000. Given data on shipments maintained by the 
committees' staff and the average handler price received during the 
2000 season, the committees' staff estimates that small handlers 
represent approximately 94 percent of the handlers within the industry.

[[Page 17483]]

    The committees' staff has also estimated that approximately 22 
percent of the producers in the industry could be defined as other than 
small entities. In the 2000 season, the average producer price received 
was $5.50 per container or container equivalent for nectarines, and 
$5.25 per container or container equivalent for peaches. A producer 
would have to produce at least 90,910 containers of nectarines and 
95,239 containers of peaches to have annual receipts of $500,000. Given 
data maintained by the committees' staff and the average producer price 
received during the 2000 season, the committees' staff estimates that 
small producers represent approximately 78 percent of the producers 
within the industry.
    Under Secs. 916.52 and 917.41 of the orders, grade, size, maturity, 
container, and pack requirements are established for fresh shipments of 
California nectarines and peaches, respectively. Such requirements are 
in effect on a continuing basis. The NAC and PCC met on December 5, 
2000, and unanimously recommended that the handling requirements be 
revised for the 2001 season, which begins April 1, 2001. These 
recommendations had been presented to the committees by various 
subcommittees, each charged with review and discussion of the changes. 
The changes: (1) continue the lot stamping requirements which were in 
effect for the 2000 season; (2) authorize shipments of ``CA Utility'' 
quality fruit to continue during the 2001 season; and (3) revise 
varietal maturity, quality, and size requirements to reflect recent 
changes in growing conditions.
    This rule authorizes continuation of the lot stamping requirements 
for returnable plastic containers under the marketing orders' rules and 
regulations that were in effect for such containers during the 2000 
season for nectarine and peach shipments. The modified requirements of 
Secs. 916.115 and 917.150 mandated that the lot stamp numbers be 
printed on a USDA-approved pallet tag, in addition to the requirement 
that the lot stamp number be applied to the cards on all exposed or 
outside containers, and not less than 75 percent of the total 
containers on a pallet. Continuation of such requirements for the 2001 
season would help the inspection service safeguard the identity of 
inspected and certified containers of nectarines and peaches, and would 
help the industry by keeping in place the information necessary to 
facilitate their ``trace-back'' program.
    The Returnable Plastic Container Task Force and Grade and Size 
Subcommittee considered possible alternatives to this action. They 
discussed the availability of a new container style with a specific 
area on the principal display panel for placement of the cards, but 
were not assured by container manufacturers that all containers would 
have such a display area. Also, in the absence of an adhesive to secure 
the cards, the display area would not meet the requirements of the 
committees or the inspection service. Such alternatives were, thus, 
rejected.
    For these reasons, the task force and subcommittee recommended to 
the committees, and the committees voted unanimously, to extend the 
requirement for the lot stamp number to be provided on the cards on 
each container and for each pallet to be marked with a USDA-approved 
pallet tag, also containing the lot stamp number. Such safeguards will 
continue to ensure that all the containers on each pallet had been 
inspected and certified in the event a card on an individual container 
or containers is removed, misplaced, or lost.
    In 1996, Secs. 916.350 and 917.442 were revised to permit shipments 
of ``CA Utility'' quality nectarines and peaches as an experiment 
during the 1996 season only. Since that time, shipments of ``CA 
Utility'' have ranged from 1 to 4 percent of total nectarine and peach 
shipments. This rule authorizes continued shipments of ``CA Utility'' 
quality nectarines and peaches during the 2001 season.
    The Grade and Size Subcommittee considered one alternative to this 
action. They considered not authorizing continued shipments of ``CA 
Utility'' quality nectarines and peaches. However, shipments of ``CA 
Utility'' quality fruit are holding steady or increasing in volume 
since 1996. Also, some handlers note, the availability of ``CA 
Utility'' gives handlers the flexibility to remove marginal fruit from 
their U.S. No. 1 containers, thus, making the contents of their U.S. 
No. 1 containers better. Based upon these considerations, this 
alternative was rejected.
    Continued availability of ``CA Utility'' quality fruit is expected 
to have a positive impact on producers, handlers, and consumers by 
permitting more nectarines and peaches to be shipped into fresh market 
channels without adversely impacting the market for higher-quality 
fruit.
    Sections 916.356 and 917.442 establish minimum maturity levels. 
This rule makes annual adjustments to the maturity requirements for 
several varieties of nectarines and peaches. Maturity requirements are 
based on maturity measurements generally using maturity guides (e.g. 
color chips), as recommended by SPI. Such maturity guides are reviewed 
annually by SPI to determine the appropriate guide for each nectarine 
and peach variety. These annual adjustments reflect changes in the 
maturity characteristics of nectarines and peaches as experienced over 
the previous season's inspections. Adjustments in the guides ensure 
that fruit has met an acceptable level of maturity, ensuring consumer 
satisfaction while benefiting nectarine and peach producers and 
handlers.
    Currently, in Sec. 916.356 of the nectarine order's rules and 
regulations, and in Sec. 917.459 of the peach order's rules and 
regulations, minimum sizes for various varieties of nectarines and 
peaches, respectively, are established. This rule makes adjustments to 
the minimum sizes authorized for various varieties of nectarines and 
peaches for the 2001 season. Minimum size regulations are put in place 
to encourage producers to leave fruit on the trees for a longer period 
of time. This increased growing time not only improves maturity, but 
also increases fruit size. Increased fruit size increases the number of 
packed containers per acre; and coupled with heightened maturity 
levels, also provides greater consumer satisfaction, fostering repeat 
purchases. Such improved consumer satisfaction and repeat purchases 
benefit both producers and handlers alike. Annual adjustments to 
minimum sizes of nectarines and peaches, such as these, are recommended 
by the NAC and PCC based upon historical data, producer and handler 
information regarding sizes attained by different varieties, and trends 
in consumer purchases.
    An alternative to such actions would include not establishing lot 
stamping, grade, size, and maturity regulations for nectarines and 
peaches. Such an action, however, would be a significant departure from 
the committees' practices, would ultimately increase the amount of less 
acceptable fruit being marketed to consumers, and, thus, would be 
contrary to the long-term interests of producers, handlers, and 
consumers. For these reasons, this alternative is not appropriate.
    The committees made recommendations regarding all the revisions in 
handling and lot stamping requirements after considering all available 
information, including comments of persons at several subcommittee 
meetings and comments received by committee staff. Such subcommittees 
include the Grade and Size Subcommittee, the Inspection and Compliance 
Subcommittee, the Returnable Plastic Container Task Force,

[[Page 17484]]

and the Management Services Committee.
    At the meetings, the impact of and alternatives to these 
recommendations were deliberated. These subcommittees and the task 
force, like the committees themselves, frequently consist of individual 
producers (and handlers, where authorized) with many years' experience 
in the industry who are familiar with industry practices. Like all 
committee meetings, subcommittee meetings are open to the public and 
comments are widely solicited.
    This rule does not impose any additional reporting and 
recordkeeping requirements on either small or large 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.
    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 CFR 1621 et seq). Standards issued under the 
Agricultural Marketing Act of 1946 are otherwise voluntary.
    In addition, the committees' meetings are widely publicized through 
the nectarine and peach industries and all interested parties are 
encouraged to attend and participate in committee deliberations on all 
issues. These meetings are held annually during the last week of 
November or first week of December. Like all committee meetings, the 
December 5, 2000, meetings were public meetings, and all entities, 
large and small, were encouraged to express views on these issues. In 
addition, various subcommittee meetings were held prior to the December 
5 meeting in which these regulations were reviewed and discussed. 
Finally, interested persons are invited to submit information on the 
regulatory and informational impacts of this action on small 
businesses.
    A small business guide on complying with fruit, vegetable, and 
specialty crop marketing agreements and orders may be viewed at the 
following website: http://www.ams.usda.gov/fv/moab.html. Any questions 
about the compliance guide should be sent to Jay Guerber at the 
previously mentioned address in the FOR FURTHER INFORMATION CONTACT 
section.
    After consideration of all relevant matters presented, the 
information and recommendations submitted by the committees, and other 
information, it is found that this interim final rule, as hereinafter 
set forth, will tend to effectuate the declared policy of the Act.
    This rule invites comments on changes to the handling requirements 
currently prescribed under the marketing orders for California fresh 
nectarines and peaches. Any comments received will be considered prior 
to finalization of this rule.
    Pursuant to 5 U.S.C. 553. it is also found and determined, upon 
good cause, that it is impracticable, unnecessary, and contrary to the 
public interest to give preliminary notice prior to putting this rule 
into effect, and that good cause exists for not postponing the 
effective date of this rule until 30 days after publication in the 
Federal Register because: (1) California nectarine and peach producers 
and handlers should be apprised of this rule as soon as possible, since 
early shipments of these fruits are expected to be about April 1; (2) 
this rule relaxes grade requirements for nectarines and peaches; (3) 
the committees unanimously recommended these changes at public meetings 
and interested persons had an opportunity to provide input; and (4) the 
rule provides a 60-day comment period, and any written comments timely 
received will be considered prior to any finalization of this interim 
final rule.

List of Subjects

7 CFR Part 916

    Marketing agreements, Nectarines, Reporting and recordkeeping 
requirements.

7 CFR Part 917

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

    For the reasons set forth in the preamble, 7 CFR parts 916 and 917 
are amended as follows:
    1. The authority citation for 7 CFR parts 916 and 917 continues to 
read as follows:

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

PART 916--NECTARINES GROWN IN CALIFORNIA

    2. Section 916.115 is revised to read as follows:


Sec. 916.115  Lot stamping.

    Except when loaded directly into railway cars, exempted under 
Sec. 916.110, or for nectarines mailed directly to consumers in 
consumer packages, all exposed or outside containers of nectarines, and 
not less than 75 percent of the total containers on a pallet, shall be 
plainly stamped, prior to shipment, with a Federal-State Inspection 
Service lot stamp number, assigned by such Service, showing that such 
fruit has been USDA inspected in accordance with Sec. 916.55: Provided, 
That for the period April 1 to October 31, 2001, pallets of returnable 
plastic containers shall have the lot stamp numbers affixed to each 
pallet with a USDA-approved pallet tag, in addition to the lot stamp 
numbers and other required information on cards on the individual 
containers.

    3. Section 916.350 is amended by revising paragraph (d) to read as 
follows:


Sec. 916.350  California nectarine container and pack regulation.

* * * * *
    (d) During the period April 1 through October 31, 2001, 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 all other required markings, in letters 
at least \3/8 \inch in height.
* * * * *

    4. Section 916.356 is amended by:
    A. Revising the introductory text of paragraph (a)(1);
    B. Revising TABLE 1 of paragraph (a)(1)(iv); and
    C. Revising the introductory text of paragraphs (a)(3), (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 1 through October 31,

[[Page 17485]]

2001, 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:
* * * * *
    (iv) * * *

                                 Table 1
------------------------------------------------------------------------
            Column A variety                 Column B maturity guide
------------------------------------------------------------------------
Alshir Red.............................  J
April Glo..............................  H
August Glo.............................  L
August Lion............................  J
August Red.............................  J
Aurelio Grand..........................  F
Autumn Delight.........................  L
Autumn Grand...........................  L
Big Jim................................  J
Diamond Bright.........................  J
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
Flavortop..............................  J
Grand Diamond..........................  L
Honey Kist.............................  I
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
May Diamond............................  I
May Fire...............................  H
Mayglo.................................  H
May Grand..............................  H
May Jim................................  I
May Kist...............................  H
May Lion...............................  J
Mid Glo................................  L
Moon Grand.............................  L
Niagra Grand...........................  H
P-R Red................................  L
Red Delight............................  I
Red Diamond............................  L
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
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
Sunburst...............................  J
Sun Diamond............................  I
Sun Grand..............................  G
Super Star.............................  G
Tom Grand..............................  L
Zee Glo................................  J
Zee Grand..............................  I
------------------------------------------------------------------------
Note:Consult with the Federal or Federal-State Inspection Service
  Supervisor for the maturity guides applicable to the varieties not
  listed above.

* * * * *
    (3) Any package or container of Mayglo variety of nectarines on or 
after May 6 of each year, or Crimson Baby, Earliglo, Early Diamond, 
Grand Sun, Johnny's Delight, May Jim, or May Kist variety nectarines 
unless:
* * * * *
    (4) Any package or container of Arctic Glo, Arctic Rose, Arctic 
Star, Diamond Bright, Juneglo, June Pearl, Kay Glo, Kay Sweet, May 
Diamond, May Grand, Prima Diamond IV, Prima Diamond 13, Prince Jim, Red 
Delight, Red Glo, Rose Diamond, Royal Glo, Scarlet Jewels, Sparkling 
May, Star Brite, White Sun, or Zee Grand variety nectarines unless:
* * * * *
    (6) Any package or container of Alta Red, Arctic Blaze, Arctic 
Gold, Arctic Jay, Arctic Mist, Arctic Pride, Arctic Queen, Arctic Snow 
(White Jewel), Arctic Sweet, August Glo, August Lion, August Pearl, 
August Red, August Snow, Big Jim, Brite Pearl, Cole Red, Diamond Ray, 
Early Red Jim, Firebrite, Fire Pearl, Fire Sweet, Flame Glo, Flaming 
Red, Grand Diamond, Grand Pearl, Honey Blaze, Honey Kist, July Pearl, 
July Red, Kay Diamond, King Jim, Late Red Jim, Mid Glo, P-R Red, Prima 
Diamond IX, Prima Diamond XVI, Prima Diamond XVIII, Prima Diamond XIX, 
Prima Diamond XXIV, Red Diamond, Red Glen, Red Jim, Regal Pearl, Royal 
Giant, Ruby Diamond, Ruby Pearl, Ruby Sweet, Scarlet Red, September 
Free, September Red, Sparkling June, Sparkling Red, Spring Bright, 
Spring Diamond, Spring Red, Spring Sweet, 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, 
or Zee Glo variety nectarines unless:
* * * * *

PART 917--FRESH PEARS AND PEACHES GROWN IN CALIFORNIA

    5. Section 917.150 is revised to read as follows:


Sec. 917.150  Lot stamping.

    Except when loaded directly into railway cars, exempted under 
Sec. 917.143, or for peaches mailed directly to consumers in consumer 
packages, all exposed or outside containers of peaches, and not less 
than 75 percent of the total containers on a pallet, shall be plainly 
stamped, prior to shipment, with a Federal-State Inspection Service lot 
stamp number, assigned by such Service, showing that such fruit has 
been USDA inspected in accordance with Sec. 917.45: Provided, That for 
the period April 1 through November 23, 2001, pallets of returnable 
plastic containers shall have the lot stamp numbers affixed to each 
pallet with a USDA-approved pallet tag, in addition to the lot stamp 
numbers and other required information on cards on the individual 
containers.

    6. Section 917.442 is amended by revising paragraph (d) to read as 
follows:


Sec. 917.442  California peach container and pack regulation.

* * * * *
    (d) During the period April 1 through November 23, 2001, 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

[[Page 17486]]

with all other required markings, in letters at least \3/8\ inch in 
height.
* * * * *

    7. Section 917.459 is amended by:
    A. Revising the introductory text of paragraph (a)(1);
    B. Revising Table 1 of paragraph (a)(1)(iv); and
    C. Revising the introductory text of paragraphs (a)(2), (a)(3), 
(a)(5), and (a)(6) 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 peaches of the Peento type shall be 
permitted a 10 percent tolerance for healed, non-serious, blossom-end 
growth cracks: Provided further, That during the period April 1 through 
November 23, 2001, 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 requirement 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
------------------------------------------------------------------------
            Column A variety                 Column B maturity guide
------------------------------------------------------------------------
Amber Crest............................  G
Angelus................................  I
August Lady............................  L
Autumn Flame...........................  J
Autumn Gem.............................  I
Autumn Lady............................  H
Autumn Rose............................  H
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
Earli Rich.............................  H
Earlitreat.............................  H
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
Fire Red...............................  I
First Lady.............................  D
Flamecrest.............................  I
Flavorcrest............................  G
Flavor Queen...........................  H
Flavor Red.............................  G
Franciscan.............................  G
Goldcrest..............................  H
Honey Red..............................  G
John Henry.............................  J
July Elberta...........................  C
June Lady..............................  G
June Pride.............................  J
Kern Sun...............................  H
Kingscrest.............................  H
Kings Lady.............................  I
Kings Red..............................  I
Lacey..................................  I
Lady Sue...............................  L
Late Ito Red...........................  L
May Crest..............................  G
May Sun................................  I
Merrill Gem............................  G
Merrill Gemfree........................  G
O'Henry................................  I
Pacifica...............................  G
Prima Gattie 8.........................  L
Queencrest.............................  G
Ray Crest..............................  G
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
September Sun..........................  I
Sierra Crest...........................  H
Sierra Lady............................  I
Sparkle................................  I
Springcrest............................  G
Spring Lady............................  H
Sugar Lady.............................  J
Summer Lady............................  L
Summerset..............................  I
Summer Zee.............................  L
Suncrest...............................  G
Sweet Scarlet..........................  J
Topcrest...............................  H
Tra Zee................................  J
Vista..................................  J
Willie Red.............................  G
Zee Lady...............................  L
------------------------------------------------------------------------
Note: Consult with the Federal or Federal-State Inspection Service
  Supervisor for the maturity guides applicable to the varieties not
  listed above

* * * * *
    (2) Any package or container of Earlitreat variety peaches unless:
* * * * *
    (3) Any package or container of Super Rich or Topcrest variety 
peaches unless:
* * * * *
    (5) Any package or container of Babcock, Brittany Lane, Crimson 
Lady, Crown Princess, David Sun, Early May Crest, Flavorcrest, June 
Lady, Kern Sun, Kingscrest, May Crest, May Sun, Pink Rose, Prima Peach 
IV, Queencrest, Ray Crest, Redtop, Rich May, Rich Mike, Snow Brite, 
Snow Prince, Springcrest, Spring Lady, Spring Snow, Sugar May, Sweet 
Scarlet, White Dream, Zee Diamond, 012-094, or 172LE White Peach 
(Crimson Snow/Sunny Snow) variety peaches unless:
* * * * *
    (6) Any package or container of Amber Crest, August Lady, Autumn 
Flame, Autumn Red, Autumn Rose, Autumn Snow, Cal Red, Carnival, Cassie, 
Champagne, Coral Princess, Country Sweet, Diamond Princess, Earli Rich, 
Early Elegant Lady, Elegant Lady, Fairtime, Fancy Lady, Fay Elberta, 
Flamecrest, Full Moon, Garnet Jewel, Ivory Princess, John Henry, June 
Pride, Kaweah, Kings Lady, Klondike, Lacey, Late Ito Red, Madonna Sun, 
Morning Lord, O'Henry, Pretty Lady, Prima Gattie 8, Prima Peach 13, 
Prima Peach 20, Prima Peach 23, Queen Lady, Red Dancer, Rich Lady, 
Royal Lady, Ryan Sun, Saturn (Donut), Scarlet Snow, September Snow, 
September Sun, Sierra Gem, Sierra Lady, Snow Blaze, Snow Giant, Snow 
Jewel, Snow King, Sprague Last Chance, Sugar Giant, Sugar Lady, Summer 
Dragon, Summer Lady, Summer Sweet, Summer Zee, Sweet Dream, Sweet Kay, 
Sweet September, Tra Zee, Vista, White Lady, or Zee Lady variety 
peaches unless:
* * * * *

    Dated: March 28, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 01-7979 Filed 3-28-01; 12:48 pm]
BILLING CODE 3410-02-P