This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

18847 

Vol. 72, No. 72 

Monday, April 16, 2007 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Docket No. AMS–FV–07–0030; FV07–916/ 

917–4 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 eliminates grade, 

size, maturity, pack, container and 

inspection requirements for all 

California nectarines and peaches 

except those packed in containers 

labeled ‘‘California Well Matured’’ or 

‘‘CA WELL MAT’’. This rule also makes 

seasonal adjustments to the handling 

requirements applicable to well matured 

fruit. Finally, this rule removes certain 

handler reporting requirements that are 

deemed no longer necessary. 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 should reduce 

handler costs while enabling handlers to 

continue to meet the demands of their 

buyers. 

DATES: Effective April 17, 2007. 

Comments received by June 15, 2007 

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, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938, or Internet: http:// 

www.regulations.gov. 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, or can be viewed 

at: http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Garcia, Marketing Specialist, or 

Kurt J. Kimmel, Regional Manager, 

California Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906; or E-mail: 

Jennifer.Garcia3@usda.gov or 

Kurt.Kimmel@usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Jay Guerber, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1400 Independence 

Avenue, SW., STOP 0237, Washington, 

DC 20250–0237; Telephone: (202) 720– 

2491, Fax: (202) 720–8938, or E-mail: 

Jay.Guerber@usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order Nos. 

916 and 917, both as amended (7 CFR 

parts 916 and 917), regulating the 

handling of nectarines and peaches 

grown in California, respectively, 

hereinafter referred to as the ‘‘orders.’’ 

The orders are effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) 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 USDA 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, USDA 

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 USDA’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 rule: (1) Eliminates grade, size, 

maturity, pack, container and inspection 

requirements for all California 

nectarines and peaches except those 

packed in containers labeled ‘‘California 

Well Matured’’ or ‘‘CA WELL MAT’; (2) 

Makes seasonal adjustments to the 

handling requirements applicable to 

California Well Matured fruit; and (3) 

Removes certain handler reporting 

requirements that are deemed no longer 

necessary. 

These changes are intended to allow 

industry handlers to reduce costs and 

provide them greater flexibility in 

meeting buyer preferences. Also, 

adjustments are made in light of the 

newly implemented California State 

marketing program. 

Sections 916.52 and 917.41 of the 

orders provide authority for handling 

regulations for fresh California 

nectarines and peaches. The regulations 

may include grade, size, maturity, 

quality, pack, and container 

requirements. The orders also provide 

that whenever such requirements are in 

effect, the fruit subject to such 

regulation must be inspected by the 

Federal or Federal-State Inspection 

Service (Inspection Service) and 

certified as meeting the applicable 

requirements. 

The nectarine order has been in effect 

since 1939, and the peach program has 

been in effect since 1958. The orders 

have been used over the years to 

establish a quality control program that 

includes minimum grades, sizes, and 

maturity standards. That program has 

helped improve the quality of product 

moving from the farm to market, and 

has helped growers and handlers more 

effectively market their crops. 

Additionally, the orders have been used 

to ensure that only satisfactory quality 

nectarines and peaches reach the 

consumer. This has helped increase and 

maintain market demand over the years. 

Sections 916.53 and 917.42 authorize 

the modification, suspension, or 


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18848 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

termination of regulations issued under 

916.52 and 917.41, respectively. 

Changes in regulations have been 

implemented to reflect changes in 

industry operating practices and to 

solve marketing problems as they arise. 

The committees, which are responsible 

for local administration of the orders, 

meet whenever needed, but at least 

annually, to discuss the orders and the 

various regulations in effect and to 

determine if, or what, changes may be 

necessary to reflect industry needs. As 

a result, regulatory changes have been 

made numerous times over the years to 

address industry changes and to 

improve program operations. 

The industry has struggled to reduce 

costs in recent years. In its efforts to 

reduce costs, the industry considered 

adopting audit-based inspection 

programs in lieu of traditional 

inspection programs. Ultimately these 

programs would not provide sufficient 

savings to the industry. More recently, 

the industry considered replacing the 

existing Federal marketing orders with 

programs under the State of California 

that would not require Federal or 

Federal-State inspection of nectarines 

and peaches. In 2006, at the request of 

the industry, the California Department 

of Food and Agriculture promulgated a 

State program authorizing voluntary 

inspections for the nectarine and peach 

industry. 

Beginning with the 2007 season, 

under the State program, all fruit must 

meet at least a modified U.S. No 1 grade 

and be ‘‘mature’’ as defined in the 

United States Standards for Grades of 

Nectarines (7 CFR 51.3145 through 

51.3160) and United States Standards 

for Grades of Peaches (7 CFR 51.1210 

through 51.1223) (hereinafter referred to 

as the ‘‘Standards’’). Inspection costs 

under the program are expected to be 

minimal, because inspection would not 

be mandatory. The industry has also 

shifted its data collection and 

promotional activities over to the State 

program. 

The industry subsequently discussed 

removing all handling regulations under 

the Federal orders. This would have 

also resulted in the elimination of all 

inspection requirements and expenses 

under the Federal orders. However, the 

industry believes that buyers value the 

committees’ ‘‘CA WELL MAT’’ mark as 

an indicator of high quality and may be 

willing to pay a premium price for fruit 

marked as such. The ‘‘CA WELL MAT’’

certification mark is owned by the 

California Tree Fruit Agreement, the 

management organization of the Peach 

Commodity Committee (PCC), which 

also manages the Nectarine 

Administrative Committee (NAC). 

Accordingly, the committees decided to 

maintain all Federal marketing order 

handling requirements, including 

inspection and certification 

requirements, for ‘‘California well 

matured’’ fruit. The committees, thus, 

recommended revising the handling 

regulations to cover only nectarines and 

peaches packed in containers marked 

‘‘CA WELL MAT’’ or ‘‘California Well 

Matured’. 

The term ‘‘well matured’’ is defined 

in the orders’’ rules and regulations, and 

has been used for many years by the 

industry to describe a level of maturity 

higher than the definition of ‘‘mature’’

in the Standards. The Inspection Service 

has been providing certification that 

these products meet the definition. 

Containers of nectarines and peaches 

bearing the certification mark must meet 

all of the requirements entailed in the 

definition of ‘‘well matured.’’ Thus, 

nectarines and peaches must continue 

to meet the grade and size requirements 

set forth in the orders’ rules and 

regulations. 

The committees met on February 9, 

2007, and unanimously recommended 

that the handling requirements be 

revised for the 2007 season, which is 

expected to begin in April. 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, based on sufficient 

chill hours and a strong bloom, 

preliminary estimates indicate that the 

2007 crop will be slightly larger than the 

2006 crop, which totaled approximately 

17,078,801 containers of nectarines and 

19,231,534 containers of peaches. 

Container and Pack Requirements 

Sections 916.52 and 917.41 of the 

orders authorize the establishment of 

pack and container requirements for 

nectarines and peaches, respectively. 

Such requirements appear in 

§§ 916.115, 916.350, 917.150 and 

917.442 of the orders’ rules and 

regulations. 

Currently, §§ 916.115 and 917.150 

require that all containers of nectarines 

and peaches, respectively, be stamped 

with an Inspection Service lot number 

showing that such fruit has been 

inspected. Since only nectarines and 

peaches marked ‘‘CA WELL MAT’’ or 

‘‘California Well Matured’’ will be 

subject to inspection requirements 

beginning in the 2007 season, 

§§ 916.115 and 917.150 are revised to 

specify that lot stamping is only 

required on containers so marked. 

This rule also revises paragraph (a)(3) 

of §§ 916.350 and 917.442 to remove 

references to ‘‘U.S. Mature’’ and ‘‘US 

Mat’’ container markings. These 

references are no longer needed since 

only fruit packed in containers marked 

‘‘CA WELL MAT’’ or ‘‘California Well 

Matured’’ will be subject to handling 

regulations under the orders this season. 

Sections 916.350 and 917.442 also 

establish weight-count standards for 

packed containers of nectarines and 

peaches, respectively. These regulations 

define a maximum number of nectarines 

or peaches in a sample when such fruit, 

which may be packed in tray-packed 

containers, is converted to volume-filled 

containers. The regulations also specify 

how the containers must be marked. In 

paragraph (a)(8) of § 916.350 and (a)(9) 

of § 917.442, weight marking 

requirements are established for 

nectarines and peaches packed in 

volume-filled Euro style containers. 

According to the committees, some 

retailers have requested handlers to 

supply volume-filled Euro containers 

with a net weight that is equal to the 

weight of tray-packed Euro containers. 

By eliminating the net weight 

requirement for volume-filled Euro 

containers, handlers are allowed to 

increase or decrease the amount of fruit 

in the container to match the net weight 

of fruit in a tray-packed Euro container, 

thus giving them more flexibility when 

marketing their fruit. 

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. 

Currently, nectarines and peaches are 

subject to a modified U.S. No. 1 grade 

requirement. Handlers are also able to 

pack to a ‘‘CA Utility’’ quality 

standards, subject to container labeling 

requirements. The committees 

recommended continued use of these 

grade and quality requirements. 

However, they recommended that 

these requirements only be applied to 

nectarines and peaches packed in 

containers marked ‘‘CA WELL MAT’’ or 

‘‘California Well Matured’’. This rule 

revises paragraph (a) of §§ 916.356 and 

917.459 to specify such requirements 

only for containers of nectarines and 

peaches marked ‘‘CA WELL MAT’’ or 

‘‘California Well Matured’’ during the 

2007 and subsequent seasons. 

These changes will allow industry 

handlers to reduce inspection costs by 

removing inspection and certification 

requirements on containers not marked 

‘‘CA WELL MAT’’ and provide them 

greater flexibility in meeting buyer 

preferences. 

This rule also revises paragraph (a)(1) 

of § 916.356 to add an additional 


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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18849 

tolerance for Peento-type nectarines. 

Peento-type nectarines, also known as 

donut nectarines due to their flattened 

shape, are prone to growth cracks, 

which emanate from the blossom end of 

the fruit. The committees believe that 

this is a minor defect that does not affect 

the edibility of the fruit. Thus, this 

action will make more Peento-type 

nectarines available to consumers 

without materially impacting the overall 

quality of the fruit. 

Maturity Requirements 

Sections 916.52 and 917.41 of the 

orders also authorize the establishment 

of maturity requirements for nectarines 

and peaches, respectively. The 

minimum maturity level currently 

specified for nectarines and peaches is 

‘‘mature’’ as defined in the Standards. 

The regulations also define a higher 

level of maturity (‘‘well-matured’’) that 

can be used at the option of handlers. 

For most varieties, ‘‘well-matured’’

determinations for nectarines and 

peaches are made using maturity guides 

(e.g., color chips,) along with other 

maturity tests as may be applied by the 

Inspection Service. These maturity 

guides are reviewed each year by the 

Inspection Service 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 appear in Table 

1 in paragraphs (a)(1)(iv) of §§ 916.356 

and 917.459, for nectarines and peaches, 

respectively. Seasonal adjustments 

being made to the maturity guide are 

described below. 

Nectarines: Requirements for ‘‘wellmatured’’ nectarines are specified in 

§ 916.356 of the order’s rules and 

regulations. This rule revises Table 1 of 

paragraph (a)(1)(iv) of § 916.356 to add 

maturity guides for four varieties of 

nectarines. Specifically, the Inspection 

Service recommended adding maturity 

guides for the Larry’s Red, September 

Bright, and WF 1 varieties to be 

regulated at the J maturity guide, and for 

the Prima Diamond VII variety to be 

regulated at the L maturity guide. 

Peaches: Requirements for ‘‘wellmatured’’ peaches are specified in 

§ 917.459 of the order’s rules and 

regulations. This rule revises Table 1 of 

paragraph (a)(1)(iv) of § 917.459 to add 

maturity guides for 11 peach varieties. 

Specifically, the Inspection Service 

recommended adding maturity guides 

for the Super Chief and Sweet Crest 

varieties to be regulated at the H 

maturity guide; the Junelicious variety 

to be regulated at the I maturity guide; 

the Burpeachfourteen (Spring Flame

20), Henry III, Sharise, Sierra Rich, 

Sweet Blaze and Sweet Kay varieties to 

be regulated at the J maturity guide; and 

the Bright Princess and Summer Fling 

varieties to be regulated at the L 

maturity guide. 

The committees recommended these 

maturity guide requirements based on 

the Inspection Service’s continuing 

review of individual maturity 

characteristics and identification of the 

appropriate maturity guide 

corresponding to the ‘‘well-matured’’

level of maturity for nectarine and 

peach varieties in production. 

Size Requirements 

Both orders provide authority (in 

§§ 916.52 and 917.41) 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, thereby increasing 

returns to producers and handlers. In 

addition, increased fruit size results in 

increased numbers of packed containers 

of nectarines and peaches per acre, 

which is also a benefit to producers and 

handlers. 

Several years ago the committees 

recommended revisions to allow 

handlers of late season nectarine and 

peach varieties to pack smaller sized 

fruit as long as the fruit was ‘‘well 

matured’’. This rule revises the size 

regulations in paragraphs (a)(6)(i), 

(a)(6)(ii), (a)(9)(i), and (a)(9)(ii) of 

§ 916.356 and paragraphs (a)(6)(i) and 

(a)(6)(ii) to remove size options since 

only containers marked ‘‘CA WELL 

MAT’’ or ‘‘California Well Matured’’

will be subject to the size regulations 

under the orders. 

Varieties recommended for specific 

size regulations have been reviewed and 

such recommendations are based on the 

specific characteristics of each variety. 

The committees 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 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 paragraphs 

(a)(3), (a)(4), and (a)(6) of § 916.356 to 

establish variety-specific minimum size 

requirements for fourteen varieties of 

nectarines that were produced in 

commercially significant quantities of 

more than 10,000 containers for the first 

time during the 2006 season. 

For example, one of the varieties 

recommended for addition to the 

variety-specific minimum size 

requirements is the Burnectfive (Spring 

Flare 21) variety of nectarines, 

recommended for regulation at a 

minimum size 96. Studies of the size 

ranges attained by the Burnectfive 

(Spring Flare 21) variety revealed that 

100 percent of the containers met the 

minimum size of 96 during the 2005 

and 2006 seasons. Sizes ranged from 

size 50 to size 96, with 5.8 percent of 

the fruit in the 50 sizes, 15.7 percent of 

the packages in the 60 sizes, 28.6 

percent in the 70 sizes, 34.1 percent in 

the 80 sizes, and 16.8 percent in the 90 

sizes. 

A review of other varieties with the 

same harvesting period indicated that 

the Burnectfive (Spring Flare 21) 

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 

Burnectfive (Spring Flare 21) variety in 

the variety-specific minimum size 

regulation at a minimum size 96 is 

appropriate. This recommendation 

results from size studies conducted over 

a two-year period. 

Historical data such as this provides 

the committee 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, 

paragraph(a)(3) of § 916.356 is revised to 

include the Burnectfive (Spring Flare

21) variety; paragraph (a)(4) of § 916.356 

is revised to include the Burnecttwelve 

(Sweet Flare 21), Early Pearl, and Rose 

Bright varieties; and paragraph (a)(6) of 

§ 916.356 is revised to include the 

August Bright, Burnectseventeen 

(Summer Flare 32), Candy Pearl, Grand 

Candy, Honey Diva, Larry s Red, Prima 

Diamond VII, Spring Pearl , Sugarine, 

and Zephyr nectarine varieties. 

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 paragraphs (a)(2), (a)(3), 

(a)(4), (a)(5), and (a)(6) of § 917.459 to 


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18850 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

establish variety-specific minimum size 

requirements for 11 peach varieties that 

were produced in commercially 

significant quantities of more than 

10,000 containers for the first time 

during the 2006 season. This rule also 

removes the variety-specific minimum 

size requirements for seven varieties of 

peaches whose shipments fell below 

5,000 containers during the 2006 

season. 

For example, one of the varieties 

recommended for addition to the 

variety-specific minimum size 

requirements is the May Snow variety of 

peaches, which was recommended for 

regulation at a minimum size 88. 

Studies of the size ranges attained by 

the May Snow variety revealed that 97.8 

percent of the containers met the 

minimum size of 88 during the 2005 

and 2006 seasons. The sizes ranged from 

size 40 to size 88, with 11.6 percent of 

the containers meeting the size 40, 19.2 

percent meeting the size 50, 45.7 

percent meeting the size 60, 15.1 

percent meeting the size 70, 3.4 percent 

meeting the size 80, 2.3 percent meeting 

the size 84, and 0.5 percent meeting the 

size 88 in the 2006 season. 

A review of other varieties with the 

same harvesting period indicated that 

the May Snow variety was also 

comparable to those varieties in its size 

ranges for that time period. Discussions 

with handlers known to pack the variety 

confirm this information regarding 

minimum size and the harvesting 

period, as well. Thus, the 

recommendation to place the May Snow 

variety in the variety-specific minimum 

size regulation at a minimum size 88 is 

appropriate. 

Historical data such as this provides 

the committee 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 

committee meetings when the staff 

receives such comments, either in 

writing or verbally. 

For reasons similar to those discussed 

in the preceding paragraph, paragraph 

(a)(2) of § 917.459 is revised to include 

the Snow Angel peach variety; 

paragraph (a)(3) of § 917.459 is revised 

to include the May Snow peach variety; 

paragraph (a)(4) of § 917.459 is revised 

to include the May Saturn (Early Saturn) 

peach variety; paragraph (a)(5) of 

§ 917.459 is revised to include the 

Candy Red, Raspberry, and Sugar Jewel 

peach varieties; and paragraph (a)(6) of 

§ 917.459 is revised to include the 

Burpeachfifteen (Summer Flame 34), 

Burpeachsixteen, Burpeachtwenty 

(Summer Flame), Galaxy, and Snow 

Magic peach varieties. 

Section (a)(4) is currently reserved for 

any varieties which will be regulated at 

a size 84. The May Saturn (Early Saturn) 

variety, as noted above, will be 

regulated at size 84 under (a)(4). 

This rule also revises paragraph (a)(5) 

of § 917.459 to remove the May Sun and 

Snow Prince peach varieties and 

paragraph (a)(6) of § 917.459 to remove 

the 24–SB, Crimson Queen, Jupiter, Red 

Giant, and Spring Gem peach varieties 

from the variety-specific minimum size 

requirements because less than 5,000 

containers of each of these varieties was 

produced during the 2006 season. 

Peach varieties removed from the 

peach variety-specific minimum size 

requirements become subject to the nonlisted variety size requirements 

specified in paragraphs (b) and (c) of 

§ 917.459. 

The committees 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. 

Reporting Requirements 

Sections 916.60 and 917.50 of the 

orders authorize the establishment of 

reporting requirements for nectarines 

and peaches, respectively. Currently, 

under sections 916.160, 917.178, and 

917.179, handlers are required to file 

certain reports pertaining to daily 

packouts, annual shipments, and 

shipment destinations. The collection 

and dissemination of statistical 

information has been a valuable 

component of the programs, as it 

provides growers and handlers with 

information which enhances their 

decision-making ability. 

As previously discussed, a State 

marketing program has recently been 

implemented for the California peach 

and nectarine industries, which include 

the collection and dissemination of 

statistical information. Accordingly, 

there is no longer a need to require these 

handler reports under the orders. 

Therefore, at their February 9, 2007, 

meetings, the committees recommended 

removing current handler reporting 

requirements, beginning with the 2007 

season. The committees have 

implemented a memorandum of 

understanding to share information with 

the new State marketing order, so 

information collected by the State 

program can be utilized by the 

committees. 

This rule removes reporting 

requirements in § 916.160 for nectarines 

and §§ 917.178 and 917.179 for peaches. 

This action should reduce handler costs 

under the orders. 

This rule reflects the need to revise 

the handling and reporting requirements 

for California nectarines and peaches. 

This rule is intended primarily to 

reduce costs and should therefore have 

a beneficial impact on producers, 

handlers, and consumers of fresh 

California nectarines and peaches. This 

rule is also intended to maintain the 

perceived value of the ‘‘California well 

matured’’ certification mark by 

maintaining current grade, size, quality, 

pack, container and inspection 

requirements on fruit packed and 

labeled as ‘‘California Well Matured’’ or 

‘‘CA WELL MAT.’’

Initial Regulatory Flexibility Analysis 

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. 

Industry Information 

There are approximately 175 

California nectarine and peach handlers 

subject to regulation under the orders 

covering nectarines and peaches grown 

in California, and about 676 producers 

of these fruits in California. Small 

agricultural service firms, which 

include handlers, are defined by the 

Small Business Administration (SBA) 

(13 CFR 121.201) as those whose annual 

receipts are less than $6,500,000. Small 

agricultural producers are defined by 

the SBA as those having annual receipts 

of less than $750,000. A majority of 

these handlers and producers may be 

classified as small entities. 

The committees’ staff has estimated 

that there are fewer than 26 handlers in 

the industry who would not be 

considered small entities. For the 2006 

season, the committees’ staff estimated 

that the average handler price received 


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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18851 

was $9.00 per container or container 

equivalent of nectarines or peaches. A 

handler would have to ship at least 

722,223 containers to have annual 

receipts of $6,500,000. Given data on 

shipments maintained by the 

committees’ staff and the average 

handler price received during the 2006 

season, the committees’ staff estimates 

that small handlers represent 

approximately 85 percent of all the 

handlers within the industry. 

The committees’ staff has also 

estimated that fewer than 68 producers 

in the industry would not be considered 

small entities. For the 2006 season, the 

committees estimated the average 

producer price received was $4.50 per 

container or container equivalent for 

nectarines and peaches. A producer 

would have to produce at least 166,667 

containers of nectarines and peaches to 

have annual receipts of $750,000. Given 

data maintained by the committees’ staff 

and the average producer price received 

during the 2006 season, the committees’

staff estimates that small producers 

represent more than 90 percent of the 

producers within the industry. 

With an average producer price of 

$4.50 per container or container 

equivalent, and a combined packout of 

nectarines and peaches of 36,388,996 

containers, the value of the 2006 

packout is estimated to be $163,750,482. 

Dividing this total estimated grower 

revenue figure by the estimated number 

of producers (676) yields an estimate of 

average revenue per producer of about 

$242,234 from the sales of peaches and 

nectarines. 

Regulatory Revisions 

Under authority provided in §§ 916.52 

and 917.41 of the orders, grade, size, 

maturity, pack, and container marking 

requirements are established for fresh 

shipments of California nectarines and 

peaches, respectively. Such 

requirements are in effect on a 

continuing basis. The committees met 

on February 9, 2007, and unanimously 

recommended that these handling 

requirements be revised for the 2007 

season. This rule: (1) Eliminates grade, 

size, maturity, pack, container and 

inspection requirements for all 

California nectarines and peaches 

except those packed in containers 

labeled ‘‘California Well Matured’’ or 

‘‘CA WELL MAT’’; (2) Makes seasonal 

adjustments to the handling 

requirements applicable to California 

Well Matured fruit; and (3) Removes 

certain handler reporting requirements 

that are deemed no longer necessary. 

Container and Pack Requirements— 

Discussions and Alternatives 

Sections 916.350 and 917.442 

establish container and pack 

requirements. The committees 

discussed removing all handling 

regulations under the Federal orders, 

including inspection requirements. 

However, the industry believes that 

buyers value the committees’ ‘‘CA 

WELL MAT’’ mark as an indicator of 

high quality and may be willing to pay 

a premium price for fruit marked as 

such. Accordingly, they decided to 

maintain current grade, quality, 

maturity, size container, pack and 

inspection requirements for ‘‘well 

matured’’ fruit. The committees, thus, 

recommended revising the handling 

regulations to cover only nectarines and 

peaches packed in containers marked 

‘‘CA WELL MAT’’ or ‘‘California Well 

Matured’’. 

Lot Stamping Requirements— 

Discussions and Alternatives 

Sections 916.115 and 917.150 

establish lot stamping requirements. 

This rule revises lot stamping 

requirements to require such markings 

only on containers labeled ‘‘CA WELL 

MAT’’ or ‘‘California Well Matured’’. An 

alternative would be to leave the 

existing lot stamping requirements 

unchanged, but the requirements would 

not be consistent with the other 

recommended changes and would result 

in unnecessary expenses for industry 

handlers. Based on this, the committees 

recommended revising lot stamping 

requirements to require such markings 

only on containers labeled ‘‘CA WELL 

MAT’’ or ‘‘California Well Matured.’’

Weight Marking Requirements— 

Discussions and Alternatives 

Sections 916.350 and 917.442 also 

establish weight marking requirements 

for nectarines and peaches packed in 

Euro type volume-filled containers. 

These require each five down Euro 

container of loose-filled nectarines or 

peaches to be marked with the words 

‘‘29 pounds net weight’’. 

In the past, handlers’ sales to their 

retail customers have been based on set 

net weights for most pack styles. With 

the changing marketing environment, 

some retailers want volume-filled pack 

styles that have the same net weight as 

tray pack styles, especially for the Euro 

type containers. 

Handlers either respond to the 

requests of the retailers or risk losing 

business from those retailers. The 

committees agreed that weight markings 

are no longer necessary; and, in turn, at 

their February 9, 2007, meetings 

recommended eliminating the Euro type 

container weight marking requirement. 

Without the weight marking 

requirements, nectarines and peaches 

packed in Euro style volume-filled 

containers can be packed to the buyers’

preferences. The committees believe 

that the elimination of marking 

requirements will satisfy the stated 

needs of retailers and will open 

additional market opportunities for the 

industry. 

Grade and Quality Requirements— 

Discussions and Alternatives 

Sections 916.356 and 917.459 

establish minimum grade and quality 

requirements. The NAC and PCC 

previously discussed removing all 

handling regulations under the orders in 

favor of regulations under the newlypromulgated State marketing order. 

However, the industry still wanted to 

retain quality standards for fruit 

marketed as ‘‘CA WELL MAT’’, a term 

which has value to buyers and the 

industry. One alternative the 

committees discussed was to allow 

handlers to use the mark under a 

licensing agreement with CTFA. Taking 

into account enforcement concerns, this 

approach was viewed as not feasible. 

At their February 9, 2007, meetings, 

the committees recommended revising 

the grade and quality requirements to 

apply only to nectarines and peaches 

packed in containers marked ‘‘CA WELL 

MAT’’ or ‘‘California Well Matured’’

beginning with the 2007 season. This 

action will ensure that fruit packed in 

containers marked ‘‘CA WELL MAT’’ or 

‘‘California Well Matured’’ continues to 

be inspected and meet applicable grade 

and quality requirements. For this 

reason, the committees unanimously 

recommended the revisions and believe 

that they will help accomplish the goals 

of the industry. 

Minimum Maturity and Size 

Requirements—Discussions and 

Alternatives 

Sections 916.356 and 917.459 

establish minimum fruit maturity levels. 

This rule makes adjustments to the 

maturity requirements for several 

varieties of nectarines and peaches. 

Maturity requirements are based on 

measurements suggested by maturity 

guides (e.g., color chips), as reviewed 

and recommended by the Inspection 

Service annually to determine the 

appropriate guide for each nectarine and 

peach variety. These annual 

adjustments reflect refinements in 

measurements of the maturity 

characteristics of nectarines and 

peaches as observed during previous 

seasons’ inspections. Adjustments in the 


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18852 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

guides utilized ensure acceptable fruit 

maturity and increased consumer 

satisfaction while benefiting nectarine 

and peach producers and handlers. 

Sections 916.356 and 917.459 of the 

orders’ rules and regulations also 

specify minimum sizes for various 

varieties of nectarines and peaches. This 

rule makes adjustments to the minimum 

sizes authorized for certain varieties of 

each commodity for the 2007 season. 

Minimum size regulations are put in 

place to encourage producers to leave 

fruit on the trees for a longer period of 

time, increasing both maturity and fruit 

size. Increased fruit size increases the 

number of packed containers per acre, 

and coupled with heightened maturity 

levels, also provides greater consumer 

satisfaction, which in turn fosters repeat 

purchases that benefit producers and 

handlers alike. 

Annual adjustments to minimum 

sizes of nectarines and peaches, such as 

these, are recommended by 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 action would 

include not establishing minimum size 

regulations for these new varieties. Such 

an action, however, would be a 

significant departure from the 

committees’ past practices and represent 

a significant change in the regulations as 

they currently exist. For these reasons, 

this alternative was not recommended. 

Sections 916.356 and 917.459 of the 

orders’ rules and regulations also 

specify size requirements for handlers of 

late season nectarine and peach 

varieties wishing to pack smaller sized 

fruit as long as the fruit was ‘‘well 

matured.’’ Since only containers marked 

‘‘CA WELL MAT’’ or ‘‘California Well 

Matured’’ will be subject to minimum 

size requirements, this rule also revises 

the size regulations to remove these 

obsolete size options. 

Reporting Requirements—Discussions 

and Alternatives 

Sections 916.160 and 917.178 

establish reporting requirements for 

nectarine and peach handlers, 

respectively. Similar reporting 

requirements have been established 

under the newly-implemented 

California State marketing program. 

Accordingly, collection of this 

information under the Federal orders is 

no longer necessary. The committees 

have implemented a memorandum of 

understanding to share information with 

the new State marketing order, so 

information collected by the State 

program can be utilized by the 

committees. An alternative would be to 

maintain the reporting requirements, 

but this would result in an unnecessary 

reporting burden. For this reason, the 

removal of reporting requirements was 

unanimously recommended by both 

committees. 

The committees make 

recommendations regarding the 

revisions in handling and reporting 

requirements after considering all 

available information, including 

comments received by committee staff. 

At the meetings, the impact of and 

alternatives to these recommendations 

are deliberated. The committees consist 

of individual producers and handlers 

with many years of experience in the 

industry who are familiar with industry 

practices and trends. All committee 

meetings are open to the public and 

comments are widely solicited. In 

addition, minutes of all meetings are 

distributed to committee members and 

others who have requested them, and 

are also available on the committees’

Web site, thereby increasing the 

availability of this critical information 

within the industry. 

Regarding the impact of this action on 

the affected entities, each of the 

recommended changes is expected to 

generate financial benefits for producers 

and handlers through reduced costs and 

increased fruit sales. Both large and 

small entities are expected to benefit 

from the changes, and the costs of 

compliance are not expected to be 

significantly different between large and 

small entities. 

This rule reduces reporting and 

recordkeeping requirements on both 

small and large nectarine and peach 

handlers regulated under the orders. As 

with all Federal marketing order 

programs, reports and forms are 

periodically reviewed to reduce 

information requirements and 

duplication by industry and public 

sector agencies. 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

Chapter 35), the information collection 

requirements being removed by this rule 

are currently approved by the Office of 

Management and Budget (OMB), under 

OMB No. 0581–0189, Generic OMB 

Fruit Crops. Removal of the reporting 

requirements under Parts 916 and 917 is 

expected to reduce the reporting burden 

on small or large peach and nectarine 

handlers by 370 hours, and should 

further reduce industry expenses. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

In addition, USDA has not identified 

any relevant Federal rules that 

duplicate, overlap, or conflict with this 

rule. 

Further, the committees’ meetings are 

widely publicized throughout the 

nectarine and peach industry and all 

interested parties are encouraged to 

attend and participate in committee 

deliberations on all issues. These 

meetings are held annually in the fall, 

winter, and spring. During the February 

9, 2007, meetings, all entities, large and 

small, were encouraged to express views 

on these issues. 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 Web site: 

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. 

This rule invites comments on 

changes to the handling and reporting 

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. 

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. 

With regard to revision to the rules and 

regulations under the order and 

concerning those provisions that are 

removed or terminated, it is found that 

those provisions no longer tend to 

effectuate the declared policy of the Act. 

Pursuant to 5 U.S.C. 553, it is also 

found and determined, upon good 

cause, that it is impracticable, 

unnecessary, and contrary to the public 

interest to give preliminary notice prior 

to putting this rule into effect, and that 

good cause exists for not postponing the 

effective date of this rule until 30 days 

after publication in the Federal Register 

because: (1) This rule should be 

implemented as soon as possible, since 

shipments of California nectarines and 

peaches are expected to begin in early 

April; (2) this rule relaxes handling and 

reporting requirements for nectarines 

and peaches; (3) the committees met 

and unanimously recommended these 

changes at public meetings, and 


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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18853 

interested persons had opportunities to 

provide input at all those meetings; 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: 

§ 916.115 Lot stamping. 

Except when loaded directly into 

railway cars, exempted under § 916.110, 

or for nectarines mailed directly to 

consumers in consumer packages, all 

exposed or outside containers of 

nectarines marked ‘‘CA WELL MAT’’ or 

‘‘California Well Matured’’, 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 § 916.55: Provided, 

That 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 916.160 is removed. 

■ 4. Section 916.350 is amended by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Revising paragraph (a)(3); 

■ c. Removing paragraph (a)(8); and 

■ d. Redesignating current paragraphs 

(a)(9) through (a)(11) as (a)(8) through 

(a)(10) to read as follows: 

§ 916.350 California nectarine container 

and pack regulation. 

(a) During the period beginning April 

1 and ending October 31, no handler 

shall ship any package or container of 

any variety of nectarines marked ‘‘CA 

WELL MAT’’ or ‘‘California Well 

Matured’’ except in accordance with the 

following terms and conditions: 

* * * * * 

(3) Each package or container of 

nectarines bearing the words ‘‘California 

Well Matured’’ or ‘‘CA WELL MAT’’

shall be well matured as defined in 

§ 916.356. 

* * * * * 

■ 5. Section 916.356 is amended by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Revising paragraph (a)(1) 

introductory text; 

■ c. Revising Table 1 of paragraph 

(a)(1)(iv) (excluding the note following 

the table); 

■ d. Revising the introductory text of 

paragraphs (a)(3), (a)(4), and (a)(6) 

■ e. Revising paragraphs (a)(6)(i) and 

(a)(6)(ii); and 

■ f. Revising paragraphs (a)(9)(i) and 

(a)(9)(ii) to read as follows: 

§ 916.356 California nectarine grade and 

size regulation. 

(a) During the period beginning April 

1 and ending October 31, no handler 

shall ship any package or container of 

any variety of nectarines marked ‘‘CA 

WELL MAT’’ or ‘‘California Well 

Matured’’ except in accordance with the 

following terms and conditions: 

(1) Any lot or package or container of 

any variety of nectarines shall 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 

nectarines of the Peento type shall be 

permitted blossom end cracking that is 

well healed and does not exceed the 

aggregate area of a circle 3⁄8 inch in 

diameter, and/or does not exceed a 

depth that exposes the pit: Provided 

further, That 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 the 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 well mature and 

are: 

* * * * * 

(iv) * * * 

TABLE 1 

Column A variety 

Column B 

maturity 

guide 

Alshir Red ................................... J 

Alta Red ...................................... J 

April Glo ...................................... H 

August Fire ................................. L 

August Glo .................................. L 

August Lion ................................. J 

August Red ................................. J 

Aurelio Grand ............................. F 

Autumn Delight ........................... L 

Big Jim ........................................ J 

Burnectone (Spring Ray) .......... L 

Burnectseven (Summer Flare

28).

J 

Burnectten (Spring Flare 19) .... H 

Burnecttwelve (Sweet Flare 21) I 

Candy Gold ................................. L 

Crimson Baby ............................. G 

Diamond Bright ........................... J 

Diamond Jewel ........................... L 

Diamond Ray .............................. L 

Earliglo ........................................ I 

Early Diamond ............................ J 

Early Red Jim ............................. J 

Early Sungrand ........................... H 

Emelia ......................................... J 

Fairlane ....................................... L 

Fantasia ...................................... J 

Firebrite ....................................... H 

Fire Sweet .................................. J 

Flame Glo ................................... L 

Flamekist .................................... L 

Flaming Red ............................... K 

Flavortop ..................................... J 

Gee Sweet .................................. L 

Grand Candy .............................. J 

Grand Diamond .......................... L 

Grand Sweet ............................... J 

Gran Sun .................................... L 

Honey Blaze ............................... J 

Honey Dew ................................. B * 

Honey Fire .................................. L 

Honey Kist .................................. I 

Honey Royale ............................. J 

July Red ...................................... L 

June Brite ................................... I 

June Candy ................................ K 

Juneglo ....................................... H 

Kay Diamond .............................. L 

Kay Glo ....................................... J 

Kay Sweet .................................. J 

King Jim ...................................... L 

Kism Grand ................................. J 

Larry’s Red ................................. J 

Late Le Grand ............................ L 

Late Red Jim .............................. J 

Mango ......................................... B * 

May Diamond ............................. I 

May Fire ...................................... H 

Mayglo ........................................ H 

May Grand .................................. H 


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18854 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

TABLE 1—Continued 

Column A variety 

Column B 

maturity 

guide 

May Kist ...................................... H 

Mid Glo ....................................... L 

Moon Grand ................................ L 

Niagra Grand .............................. H 

P–R Red ..................................... L 

Prince Jim ................................... L 

Prince Jim I ................................. L 

Prima Diamond VII ..................... L 

Prima Diamond XIII .................... L 

Prima Diamond XIX .................... L 

Red Delight ................................. I 

Red Diamond .............................. L 

Red Fred ..................................... J 

Red Free ..................................... L 

Red Glen .................................... J 

Red Glo ...................................... I 

Red Jewel ................................... L 

Red Jim ...................................... L 

Red May ..................................... J 

Red Roy ...................................... J 

Regal Red ................................... K 

Rio Red ....................................... L 

Rose Diamond ............................ J 

Royal Giant ................................. I 

Royal Glo .................................... I 

Ruby Diamond ............................ L 

Ruby Fire .................................... G 

Ruby Grand ................................ J 

Ruby Sun .................................... J 

Ruby Sweet ................................ J 

Scarlet Red ................................. K 

September Bright ........................ J 

September Free .......................... J 

September Grand ....................... L 

September Red .......................... L 

Shay Sweet ................................ J 

Sheri Red .................................... J 

Sparkling June ............................ L 

Sparkling May ............................. J 

Sparkling Red ............................. L 

Spring Bright ............................... L 

Spring Diamond .......................... L 

Spring Red .................................. H 

Spring Sweet .............................. J 

Star Brite ..................................... J 

Sugar Queen .............................. L 

Summer Beaut ............................ H 

Summer Blush ............................ J 

Summer Bright ............................ J 

Summer Diamond ....................... L 

Summer Fire ............................... L 

Summer Grand ........................... L 

Summer Jewel ............................ L 

Summer Lion .............................. L 

Summer Red .............................. L 

Sunburst ..................................... J 

Sun Diamond .............................. I 

Sunecteight (Super Star) ............ G 

Sun Grand .................................. G 

Sunny Red .................................. J 

Tom Grand ................................. L 

WF 1 ........................................... J 

Zee Fire ...................................... J 

Zee Glo ....................................... J 

Zee Grand .................................. I 

* Predominant ground color must be breaking yellowish green. 

* * * * * 

(3) Any package or container of 

Mayglo variety of nectarines on or after 

May 6 of each year, or Burnectfive 

(Spring Flare 21), Burnectten (Spring 

Flare 19), Crimson Baby, Earliglo, Red 

Jewel or Zee Fire variety nectarines 

unless: 

* * * * * 

(4) Any package or container of Arctic 

Star, Burnectone (Spring Ray), 

Burnecttwelve (Sweet Flair 21), 

Diamond Bright, Diamond Pearl, Early 

Pearl, Gee Sweet, June Pearl, Kay Fire, 

Kay Glo, Kay Sweet, Prima Diamond IV, 

Prima Diamond VI, Prima Diamond XIII, 

Prince Jim, Prince Jim 1, Red Roy, Rose 

Bright, Rose Diamond, Royal Glo, or Zee 

Grand variety nectarines unless: 

* * * * * 

(6) Any package or container of Alta 

Red, Arctic Belle, Arctic Blaze, Arctic 

Gold, Arctic Ice, Arctic Jay, Arctic Mist, 

Arctic Pride, Arctic Queen, Arctic Snow 

(White Jewel), Arctic Sweet, August 

Bright, August Fire, August Glo, August 

Lion, August Pearl, August Red, August 

Snow, August Sweet, Autumn Blaze, 

Big Jim, Bright Pearl, Burnectfour 

(Summer Flare 35), Burnectseven 

(Summer Flare 28), Burnectseventeen 

(Summer Flare 32), Candy Gold, Candy 

Pearl, Diamond Ray, Early Red Jim, Fire 

Pearl, Fire Sweet, Flaming Red, Giant 

Pearl, Grand Candy, Grand Pearl, Grand 

Sweet, Honey Blaze, Honey Dew, Honey 

Diva, Honey Fire, Honey Kist, Honey 

Royale, July Pearl, July Red, Kay Pearl, 

La Pinta, Larry’s Red, Late Red Jim, 

Mike’s Red, P–R Red, Prima Diamond 

VII, Prima Diamond IX, Prima Diamond 

X, Prima Diamond XVIII, Prima 

Diamond XIX, Prima Diamond XXIV, 

Prima Diamond XXVIII, Prince Jim 3, 

Red Diamond, Red Glen, Red Jim, Red 

Pearl, Regal Pearl, Regal Red, Royal 

Giant, Ruby Diamond, Ruby Pearl, Ruby 

Sweet, September Bright (26P–490), 

September Free, September Red, 

Sparkling June, Sparkling Red, Spring 

Bright, Spring PearlTM, Spring Sweet, 

Sugarine, Summer Blush, Summer 

Bright, Summer Diamond, Summer Fire, 

Summer Grand, Summer Jewel, Summer 

Lion, Summer Red, Sunburst, Sun 

Valley Sweet, Terra White, Zee Glo or 

Zephyr variety nectarines unless: 

(i) Such nectarines, when packed in 

molded forms (tray packs) in a No. 22D 

standard lug box or a No. 32 standard 

box, are of a size that will pack, in 

accordance with the requirements of a 

standard pack, not more than 84 

nectarines in the box; or 

(ii) Such nectarines, when packed 

other than as specified in paragraph 

(a)(6)(i) of this section, are of a size that 

a 16-pound sample, representative of 

the nectarines in the package or 

container, contains not more than 76 

nectarines, except for Peento-type 

nectarines. 

* * * * * 

(9) * * * 

(i) Such nectarines, when packed in 

molded forms (tray packs) in a No. 22D 

standard lug box or a No. 32 standard 

box, are of a size that will pack, in 

accordance with the requirements of a 

standard pack, not more than 84 

nectarines in the box; or 

(ii) Such nectarines, when packed 

other than as specified in paragraph 

(a)(9)(i) of this section, are of a size that 

a 16-pound sample, representative of 

the nectarines in the package or 

container, contains not more than 76 

nectarines, except for Peento-type 

nectarines. 

* * * * * 

PART 917—FRESH PEARS AND 

PEACHES GROWN IN CALIFORNIA 

■ 6. Section 917.150 is revised to read 

as follows: 

§ 917.150 Lot stamping. 

Except when loaded directly into 

railway cars, exempted under § 917.143, 

or for peaches mailed directly to 

consumers in consumer packages, all 

exposed or outside containers of 

peaches marked ‘‘CA WELL MAT’’ or 

‘‘California Well Matured’’, 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 § 917.45: Provided, 

That 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. 

§ 917.178 [Removed] 

■ 7. Section 917.178 is removed. 

§ 917.179 [Amended] 

■ 8. In § 917.179, the suspension of 

March 3, 1994 (59 FR 10056), is lifted. 

§ 917.179 [Removed] 

■ 9. Section 917.179 is removed. 

■ 10. Section 917.442 is amended by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Revising paragraph (a)(3); 

■ c. Removing paragraph (a)(9); and 

■ d. Redesignating current paragraphs 

(a)(10) through (a)(12) as (a)(9) through 

(a)(11) to read as follows: 


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Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 18855 

§ 917.442 California peach container and 

pack regulation. 

(a) During the period beginning April 

1 and ending November 23, no handler 

shall ship any package or container of 

any variety of peaches marked ‘‘CA 

WELL MAT’’ or ‘‘California Well 

Matured’’ except in accordance with the 

following terms and conditions: 

* * * * * 

(3) Each package or container of 

peaches bearing the words ‘‘California 

Well Matured’’ or ‘‘CA WELL MAT’’

shall be well matured as defined in 

§ 917.459. 

* * * * * 

■ 11. Section 917.459 is amended by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Revising paragraph (a)(1) 

introductory text; 

■ c. Revising Table 1 of paragraph 

(a)(1)(iv) (excluding the note following 

the table); 

■ d. Revising the introductory text of 

paragraphs (a)(2), (a)(3), (a)(4), (a)(5) and 

(a)(6); and 

■ e. Revising paragraphs (a)(6)(i) and 

(a)(6)(iii) to read as follows: 

§ 917.459 California peach grade and size 

regulation. 

(a) During the period beginning April 

1 and ending November 23, no handler 

shall ship any package or container of 

any variety of peaches marked ‘‘CA 

WELL MAT’’ or ‘‘California Well 

Matured’’ except in accordance with the 

following terms and conditions: 

(1) Any lot or package or container of 

any variety of peaches shall meet the 

following 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 blossom 

end cracking that is well healed and 

does not exceed the aggregate area of a 

circle 3⁄8 inch in diameter, and/or does 

not exceed a depth that exposes the pit; 

Provided further, That 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 the 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 well mature and 

are: 

* * * * * 

(iv) * * * 

TABLE 1 

Column A variety 

Column B 

maturity 

guide 

Angelus ....................................... I 

August Dream ............................. J 

August Lady ................................ L 

Autumn Flame ............................ J 

Autumn Gem .............................. I 

Autumn Lady .............................. H 

Autumn Red ................................ J 

Autumn Rose .............................. H 

Bev’s Red ................................... I 

Blum’s Beauty ............................. G 

Bright Princess ........................... L 

Brittney Lane .............................. J 

Burpeachfive (July Flame) ....... L 

Burpeachfourteen (Spring 

Flame 20).

J 

Burpeachone (Spring Flame

21).

J 

Burpeachsix (June Flame) ....... L 

Burpeachthree (September 

Flame).

I 

Burpeachtwo (Henry II) ............ J 

Cal Red ....................................... I 

Candy Red .................................. J 

Carnival ....................................... I 

Cassie ......................................... H 

Coronet ....................................... E 

Crimson Lady ............................. J 

Crown Princess .......................... J 

Country Sweet ............................ J 

David Sun ................................... I 

Diamond Princess ...................... J 

Earlirich ....................................... 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 Joy ................................... H 

Flavor Queen .............................. H 

Flavor Red .................................. G 

Franciscan .................................. G 

Goldcrest .................................... H 

Golden Princess ......................... L 

Henry III ...................................... J 

Honey Red .................................. G 

Island Princess ........................... H 

Joanna Sweet ............................. J 

John Henry ................................. J 

July Elberta ................................. C 

June Lady ................................... G 

Junelicious .................................. I 

June Pride .................................. J 

Kaweah ....................................... L 

Kern Sun ..................................... H 

Kingscrest ................................... H 

Kings Lady .................................. I 

Kings Red ................................... I 

King Sweet ................................. I 

TABLE 1—Continued 

Column A variety 

Column B 

maturity 

guide 

Lacey .......................................... I 

Lady Lou ..................................... I 

Lady Sue .................................... L 

Late Ito Red ................................ L 

Madonna Sun ............................. J 

Magenta Queen .......................... J 

May Crest ................................... G 

May Sun ..................................... I 

May Sweet .................................. I 

Merrill Gem ................................. G 

Merrill Gemfree ........................... G 

Morning Lord .............................. J 

O’Henry ....................................... I 

Pacifica ....................................... G 

Pretty Lady ................................. J 

Prima Gattie 8 ............................ L 

Prima Gattie 10 .......................... J 

Prima Peach IV .......................... J 

Prima Peach 23 .......................... J 

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 

Sharise ........................................ J 

Shelly .......................................... J 

Sierra Gem ................................. J 

Sierra Lady ................................. I 

Sierra Rich .................................. J 

Sparkle ........................................ I 

Sprague Last Chance ................. L 

Springcrest .................................. G 

Spring Delight ............................. G 

Spring Gem ................................ J 

Spring Lady ................................ H 

Springtreat (60EF32) .................. I 

Sugar Time (214LC68) ............... I 

Summer Fling ............................. L 

Summer Kist ............................... J 

Summer Lady ............................. L 

Summerset ................................. I 

Summer Zee ............................... L 

Suncrest ...................................... G 

Supechfour (Amber Crest) ......... G 

Super Chief ................................. H 

Super Rich .................................. H 

Sweet Amber .............................. J 

Sweet Blaze ................................ J 

Sweet Crest ................................ H 

Sweet Dream .............................. J 

Sweet Gem ................................. J 

Sweet Kay .................................. J 

Sweet Mick ................................. J 

Sweet Scarlet ............................. J 

Sweet September ....................... I 

Topcrest ...................................... H 

Tra Zee ....................................... J 

Vista ............................................ J 

Willie Red ................................... G 


cprice-sewell on PROD1PC66 with RULES
18856 Federal Register / Vol. 72, No. 72 / Monday, April 16, 2007 / Rules and Regulations 

TABLE 1—Continued 

Column A variety 

Column B 

maturity 

guide 

Zee Diamond .............................. J 

Zee Lady ..................................... L 

* * * * * 

(2) Any package or container of April 

Snow, Earlitreat, Snow Angel, Sugar 

Snow, or Supeachsix (91002) variety 

peaches unless: 

* * * * * 

(3) Any package or container of Island 

Prince, May Snow, Snow Kist, Snow 

Peak or Super Rich variety peaches 

unless: 

* * * * * 

(4) Any package or container of May 

Saturn (Early Saturn) variety peaches 

unless: 

* * * * * 

(5) Any package or container of 

Babcock, Bev’s Red, Bright Princess, 

Brittney Lane, Burpeachone (Spring 

Flame 21), Burpeachfourteen (Spring 

Flame 20), Burpeachnineteen (Spring 

Flame 22), Candy Red, Crimson Lady, 

Crown Princess, David Sun, Early May 

Crest, Flavorcrest, Honey Sweet, Ivory 

Queen, June Lady, Magenta Queen, May 

Crest, May Sweet, Prima Peach IV, 

Queencrest, Raspberry, Rich May, 

Scarlet Queen, Sierra Snow, Snow Brite, 

Springcrest, Spring Lady, Spring Snow, 

Springtreat (60EF32), Sugar Jewel, Sugar 

Time (214LC68), Sunlit Snow 

(172LE81), Supecheight (012–094), 

Sweet Scarlet, Sweet Crest or Zee 

Diamond variety peaches unless: 

* * * * * 

(6) Any package or container of 

August Lady, Autumn Flame, Autumn 

Red, Autumn Rich, Autumn Rose, 

Autumn Snow, Burpeachfifteen 

(Summer Flame 34), Burpeachfive 

(July Flame), Burpeachfour (August 

Flame), Burpeachseven (Summer 

Flame 29), Burpeachsix (June Flame), 

Burpeachsixteen, Burpeachthree 

(September Flame), Burpeachtwenty 

(Summer Flame), Burpeachtwo (Henry 

II), Coral Princess, Country Sweet, 

Diamond Princess, Earlirich, Early 

Elegant Lady, Elegant Lady, Fancy Lady, 

Fay Elberta, Full Moon, Galaxy, Glacier 

White, Henry III, Henry IV, Ice Princess, 

Ivory Princess, Jasper Treasure, Jillie 

White, Joanna Sweet, John Henry, 

Kaweah, Klondike, Last Tango, Late Ito 

Red, Magenta Gold, O’Henry, Pink 

Giant, Pink Moon, Prima Gattie 8, Prima 

Peach 13, Prima Peach XV, Prima Peach 

20, Prima Peach 23, Prima Peach XXVII, 

Princess Gayle, Rich Lady, Royal Lady, 

Ruby Queen, Ryan Sun, Saturn (Donut), 

Scarlet Snow, September Snow, 

September Sun, Sierra Gem, Sierra Rich, 

Snow Beauty, Snow Blaze, Snow Fall, 

Snow Gem, Snow Giant, Snow Jewel, 

Snow King, Snow Magic, Snow 

Princess, Sprague Last Chance, Spring 

Candy, Sugar Crisp, Sugar Giant, Sugar 

Lady, Summer Dragon, Summer Lady, 

Summer Sweet, Summer Zee, Sweet 

Blaze, Sweet Dream, Sweet Kay, Sweet 

September, Tra Zee, Valley Sweet, Vista, 

White Lady, or Zee Lady variety 

peaches unless: 

(i) Such peaches when packed in 

molded forms (tray packs) in a No. 22D 

standard lug box or a No. 32 standard 

box are of a size that will pack, in 

accordance with the requirements of 

standard pack, not more than 80 

peaches in the box; or 

* * * * * 

(iii) Such peaches in any container 

when packed other than as specified in 

paragraphs (a)(6)(i) and (ii) of this 

section are of a size that a 16-pound 

sample, representative of the peaches in 

the package or container, contains not 

more than 73 peaches, except for Peento 

type peaches. 

* * * * * 

Dated: April 11, 2007. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 07–1867 Filed 4–11–07; 3:42 pm] 

BILLING CODE 3410–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 214 

[CIS No. 2295–03; USCIS–2004–0001] 

RIN 1615–AB17 

Petitioning Requirements for the O and 

P Nonimmigrant Classifications 

AGENCY: U.S. Citizenship and 

Immigration Services, DHS. 

ACTION: Final rule. 

SUMMARY: This final rule amends 

Department of Homeland Security 

regulations to permit petitioners to file 

O and P nonimmigrant petitions up to 

one year prior to the petitioner’s need 

for the alien’s services. This amendment 

will enable petitioners who are aware of 

their need for the services of an O or P 

nonimmigrant well in advance of a 

scheduled event, competition, or 

performance to file their petitions under 

normal processing procedures. This 

way, petitioners will be better assured 

that they will receive a decision on their 

petitions in a timeframe that will allow 

them to secure the services of the O or 

P nonimmigrant when such services are 

needed. 

DATES: This rule is effective May 16, 

2007. 

FOR FURTHER INFORMATION CONTACT: 

Hiroko Witherow, Adjudications 

Officer, Business and Trade Services 

Branch/Program and Regulation 

Development, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 111 Massachusetts 

Avenue, NW., 3rd Floor, Washington, 

DC 20529, telephone (202) 272–9135. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under the O nonimmigrant 

classification, a U.S. employer, U.S. 

agent, or a foreign employer through a 

U.S. agent, may petition for an alien 

who has extraordinary ability in the 

arts, the sciences, education, business or 

athletics that has been demonstrated by 

sustained national or international 

acclaim to come to the United States 

temporarily to continue work in the area 

of extraordinary ability. Immigration 

and Nationality Act (INA) sec. 

101(a)(15)(O)(i), 8 U.S.C. 

1101(a)(15)(O)(i); 8 CFR 214.2(o)(1) & 

(2). In addition, such employer or agent 

also may use the O nonimmigrant 

classification to petition for an alien 

who has a demonstrated record of 

extraordinary achievement in motion 

picture or television productions to 

come to the United States temporarily to 

continue work in the area of 

extraordinary achievement. Id. Under 

the P nonimmigrant classification, a 

U.S. employer, U.S. sponsoring 

organization, U.S. agent, or a foreign 

employer through a U.S. agent, may 

petition for an alien who is coming 

temporarily to the United States to 

perform at a specific athletic 

competition as an athlete at an 

internationally recognized level or 

performance, or to perform with an 

entertainment group that has been 

recognized internationally as being 

outstanding. INA sec. 101(a)(15)(P), 8 

U.S.C. 1101(a)(15)(P); 8 CFR 214.2(p)(1) 

& (2). Such employer, agent, or sponsor 

also can use the P nonimmigrant 

classification to petition for an alien to 

come temporarily to the United States to 

perform as an artist or entertainer under 

a reciprocal exchange program between 

organizations in the United States and 

organizations in a foreign country. Id. 

Finally, such employer, agent, or 

sponsor can use the P nonimmigrant 

classification to petition for an alien 

artist or entertainer to come temporarily 

to the United States to perform, teach, 

or coach under a commercial or 

noncommercial program that is 


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