Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50853

for late payment charges under part

1403 of this title and computed from the

date of disbursement of the payment to

the date of the refund.

(d) Eligible owners must allow

representatives of FSA to visit the site

for the purposes of examining and

certifying mortality and practice

completion.

§ 783.10 Partial performance.

(a) Participants may elect not to

replant the maximum amount of eligible

trees or eligible vines because of

imposition of the payment limitation in

§ 783.5(c) or any other reason. If owners

partially complete their practices after

they apply, but do not replant or

rehabilitate all of their qualifying trees

or vines, the county committee shall

calculate payment based on the extent

performed.

(b) Eligible owners who have been

paid but choose not to complete the

practice by the final practice expiration

date shall refund their payments with

interest. Interest on these refunds shall

be calculated beginning on the date the

payment was disbursed. Such refund

amounts may be reduced, at the

discretion of the Deputy Administrator,

when only part of the required

replanting practice is not implemented.

§ 783.11 Liens and claims of creditors; setoffs.

Any payment or portion thereof due

any person under this part shall be

allowed without regard to questions of

title under State law, and without regard

to any claim or lien in favor of any

person except agencies of the U.S.

Government. The regulations governing

set-offs and withholdings found at part

792 of this chapter shall be applicable

to this part.

§ 783.12 Appeals.

Any person who is dissatisfied with a

determination made with respect to this

part may make a request for

reconsideration or appeal of such

determination in accordance with the

appeal regulations set forth at part 11 of

this title and part 780 of this chapter.

§ 783.13 Misrepresentation and scheme or

device.

(a) A person shall be ineligible to

receive assistance under this program if

such person is determined by the State

committee or the county committee to

have:

(1) Adopted any scheme or device

which tends to defeat the purpose of

this program;

(2) Made any fraudulent

representation; or

(3) Misrepresented any fact affecting a

program determination.

(b) All moneys paid by CCC under

this part to any such person or to any

other person as a result of such person’s

actions shall be refunded to CCC with

interest together with such other sums

as may become due. The party engaged

in acts prohibited by this section and

the party receiving payment shall be

jointly and severally liable for any

refund due under this section and for

related charges. The remedies provided

to CCC in this part shall be in addition

to other civil, criminal, or

administrative remedies which may

apply.

§ 783.14 Estates, trusts, and minors.

(a) Program documents executed by

persons legally authorized to represent

estates or trusts will be accepted only if

such person furnishes evidence of the

authority to execute such documents.

(b) A minor who is an otherwise

eligible owner shall be eligible for

assistance under this subpart only if

such person meets one of the following

requirements:

(1) The minor establishes that the

right of majority has been conferred on

the minor by court proceedings or by

statute;

(2) A guardian has been appointed to

manage the minor’s property and the

applicable program documents are

executed by the guardian; or

(3) A bond is furnished under which

the surety guarantees any loss incurred

for which the minor would be liable had

the minor been an adult.

§ 783.15 Death, incompetency, or

disappearance.

In the case of death, incompetency or

disappearance of any owner who is

eligible to receive assistance in

accordance with this part, such person

or persons specified in part 707 of this

chapter may receive such assistance.

§ 783.16 Other regulations.

In addition to any other regulations as

may be applicable, the following

regulations shall also apply to this part:

(a) Part 11 of this title, National

Appeals Division Rules of Foreclosure;

(b) Part 12 of this title, Highly

Erodible Land and Wetland

Conservation;

(c) Part 703 of this chapter, Debt

Settlements, Policies and Procedures;

(d) Part 718 of this chapter, Provisions

Applicable to Multiple Programs;

(e) Part 780 of this chapter, Appeal

Regulations;

(f) Part 1400 of this title, Payment

Limitation and Payment Eligibility; and

(g) Part 1404 of this title,

Assignments.

§ 783.17 Paperwork Reduction Act

assigned numbers.

The information collection

requirements of this part have been

submitted to the Office of Management

and Budget (OMB) for purposes of the

Paperwork Reduction Act.

Signed at Washington, D.C., on September

24, 1997.

Bruce R. Weber,

Acting Administrator, Farm Service Agency.

Acting Executive Vice President, Commodity

Credit Corporation.

[FR Doc. 97–25739 Filed 9–24–97; 3:39 pm]

BILLING CODE 3410–05–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV96–916–3 FIR]

Nectarines and Peaches Grown in

California; Revision of Handling

Requirements for Fresh Nectarines

and Peaches

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This rule finalizes, with a few

spelling corrections, the provisions of

an interim final rule that revised the

handling requirements for California

nectarines and peaches by modifying

the grade, size, maturity, and container

requirements for fresh shipments of

these fruits, beginning with 1997 season

shipments. This rule also corrects

current grade, size and maturity

requirements, primarily by restoring

regulatory text that was inadvertently

misnumbered or omitted during

previous rulemaking actions. This rule

enables handlers to continue shipping

fresh nectarines and peaches meeting

consumer needs in the interest of

producers, handlers, and consumers of

these fruits.

EFFECTIVE DATE: October 29, 1997.

FOR FURTHER INFORMATION CONTACT:

Terry Vawter, Marketing Specialist, or

Kurt J. Kimmel, Regional Manager,

California Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, 2202 Monterey Street,

suite 102B, Fresno, California 93721;

telephone:(209) 487–5901; Fax: (209)

487–5906; or Anne M. Dec, Marketing

Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2525–S, Washington,

DC 20090–6456; telephone: (202) 720–

2491; Fax: (202) 720–5698. Small
50854 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

businesses may request information on

compliance with this regulation by

contacting: Jay Guerber, Marketing

Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

DC 20090–6456; telephone: (202) 720–

2491; Fax: (202) 720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Marketing Order Nos. 916 and 917

[7 CFR Parts 916 and 917] regulating the

handling of nectarines and peaches

grown in California, 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

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule is not intended to

have retroactive effect. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after the date of the

entry of the ruling.

Under the orders, grade, size,

maturity, 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)

met December 4, 1996, and

unanimously recommended that these

handling requirements be revised prior

to the 1997 season, which began April

1. The changes (1) authorize continued

use of a container first used in 1996; (2)

authorize shipments of ‘‘CA Utility’’

quality fruit during the 1997 season; (3)

clarify container tolerances for all

nectarines and peaches; and (4) revise

varietal maturity and size requirements

to reflect recent changes in growing

conditions.

The committees meet prior to and

during each season to review the rules

and regulations effective on a

continuous basis for California

nectarines and peaches under the

orders. Committee meetings are open to

the public, and interested persons may

express their views at these meetings.

The Department reviews committee

recommendations and information, as

well as information from other sources,

and determines whether modification,

suspension, or termination of the rules

and regulations would tend to effectuate

the declared policy of the Act.

Container Requirements (Nectarines

and Peaches)

Sections 916.52 and 917.41 of the

nectarine and peach orders,

respectively, provide authority to fix the

size, capacity, weight, dimensions,

markings, or pack of the container or

containers that may be used in the

packaging and handling of these fruits.

Section 916.350 specifies container and

pack requirements for fresh nectarine

shipments and section 917.442 specifies

container and pack requirements for

fresh peach shipments. Included in

these sections are requirements that all

containers be marked with specific

information (e.g., the name of the

handler, and the maturity, size, and

variety of the fruit) and that such

markings be applied to the outside ends

of the container.

Prior to the 1996 season, the NAC and

PCC recommended that a new

container, permitted to be marked on its

lid, be approved for nectarine and peach

shipments during the 1996 season only.

The revised requirements became

effective on April 1, 1996. The NAC and

PCC then reviewed the impact of the use

of this container at the conclusion of the

1996 season.

The new container is plastic, rather

than wood and paper. It is also

recyclable and reusable. The design of

some styles of the container, which has

cooling slots on all of its sides,

discourages placement of markings on

the outside ends. Furthermore, in order

to ensure and facilitate its reuse,

container markings on the permanent

outside ends of the new container are

not desirable. Instead, placement of

markings on the disposable lid is

preferable. Thus, markings on the new

container have been permitted for either

the lid or the outside ends.

In the 1996 season, approximately

450,000 recyclable, reusable boxes were

used by nectarine and peach handlers.

This represents approximately 1 percent

each of the total number of packages of

nectarines and peaches shipped in that

season. Users of the recyclable, reusable

plastic boxes reported good acceptance

by retailers and expect increased

demand for their use in the coming

years. Industry sources reported the

boxes will likely be used for other

commodities as awareness and

acceptance of the boxes increase. It was

also noted that the nectarine and peach

industries could improve their

competitive edge by continued and

increased use of the new recyclable,

reusable plastic box.

The NAC and PCC believe that

continuing to permit container markings

to be placed either on the container lid

or the outside ends will continue to

facilitate the use of this plastic,

reusable, and recyclable container.

Authorizing the continued use of this

container will allow handlers to reduce

their container costs through the

continued reuse of the container. Such

reduced container costs could result in

increased returns to producers as well.

When the container requirements for

nectarines and peaches were changed

on April 1, 1996, the revised provisions

did not specify that the change was

effective only for the 1996 season. Thus,

no changes in the regulatory text of

§§ 916.350 and 917.442 are necessary.

The use of the recyclable, reusable

plastic container is authorized for the

1997 season and beyond.

Quality Requirements (Nectarines and

Peaches)

Sections 916.52 and 917.41 authorize

the establishment of grade and quality

requirements for nectarines and

peaches. Prior to the 1996 season,

§ 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 there

was a slightly tighter requirement for

scarring and a more liberal allowance

for misshapened fruit. Under § 917.459,

peaches were also required to meet the

requirements of a U.S. No. 1 grade,

except there was a more liberal

allowance for open sutures which are

damaged but not seriously damaged.

This rule continues the revision in the

interim rule to paragraph (a)(1) of

§ 916.356 and paragraph (a)(1) of

§ 917.459 to permit shipments of

nectarines and peaches meeting ‘‘CA

Utility’’ quality requirements during the

1997 season. (‘‘CA Utility’’ fruit is lower

in quality than fruit meeting the

modified U.S. No. 1 grade
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50855

requirements.) Shipments of nectarines

and peaches meeting ‘‘CA Utility’’

quality requirements were first

permitted during the 1996 season for

that season only. By unanimous vote,

the NAC and PCC recommended that

fruit meeting ‘‘CA Utility’’ quality

requirements be permitted to be shipped

for an additional year. The NAC and

PCC will continue to monitor retailer

and consumer perceptions of ‘‘CA

Utility’’ nectarines and peaches to

determine whether such fruit should

continue to be marketed.

Preliminary studies conducted by the

NAC and PCC indicate that some

consumers, retailers, and foreign

importers found the lower quality fruit

acceptable in some markets. Shipments

of ‘‘CA Utility’’ nectarines represented

1.1 percent of all nectarine shipments,

or approximately 210,000 boxes in 1996.

Shipments of ‘‘CA Utility’’ peaches

represented 1.9 percent of all peach

shipments in 1996, or approximately

365,000 boxes.

Dr. Dennis Nef, California State

University, Fresno, studied samples of

culled fruit at handler facilities during

the 1995 and 1996 seasons. Results from

the 1996 season were compared to the

1995 season. Preliminary data indicate

that a smaller percentage of culled

nectarines and peaches met the

marketing order grade (modified U.S.

No. 1) and size requirements in 1996

than in 1995. In 1995, approximately 8

percent of the nectarines in the cull

stream met those requirements, while in

1996, approximately 1 percent of the

nectarines in the cull stream met those

requirements. In 1995, approximately 7

percent of the peaches in the cull stream

met the order’s grade and size

requirements, while in 1996,

approximately 1 percent of the peaches

in the cull stream met those

requirements. (The ‘‘cull stream’’

includes all fruit which is removed from

the packing line by the handler’s quality

control personnel and not placed in a

container for shipment.) The decrease in

the amount of fruit in the cull stream

seems to indicate a greater utilization of

available fruit rather than its disposal.

With the option of packing ‘‘CA Utility’’

quality fruit, it appears that the

handlers’’ quality control personnel

were less inclined to be overly critical

and to exclude acceptable modified U.S.

No. 1 fruit. However, not all of this

increased utilization can be attributed to

the implementation of ‘‘CA Utility’’

quality requirements. The 1995 season,

which was the first in which cull data

were obtained, was plagued by adverse

weather and hail storms. The damage

inflicted by the storms created

conditions which decreased the quality

of available nectarines and peaches and

increased somewhat the percentage of

fruit in the cull stream which would

have met marketing order requirements.

It is probable that the implementation of

‘‘CA Utility’’ quality requirements

increased the utilization of some fruit

which might have been disposed of

otherwise. Such utilization benefitted

producers, handlers, and consumers.

For that reason, the NAC and PCC

recommended that ‘‘CA Utility’’ quality

requirements be continued for the 1997

season. The NAC and PCC will continue

to monitor the impact of shipping ‘‘CA

Utility’’ nectarines and peaches to

determine whether such shipments

continue to be in the interests of

producers, handlers, and consumers.

In conforming changes, paragraph (d)

of § 916.350 and paragraph (d) of

§ 917.442 continue to be revised to

require that ‘‘CA Utility’’ quality fruit be

labeled as such. This marking

requirement was in effect during the

1996 season, and is intended to enable

customers to differentiate between the

different qualities of available fruit.

Clarification of Container Tolerances

(Nectarines and Peaches)

For those grade factors included in

the U.S. Standards for Grades of

Nectarines or Peaches (standards),

tolerances are provided for fruit that

fails to meet those factors to allow for

variations incidental to proper grading

and handling. Tolerances are specified

for both entire lots of fruit and for

individual containers within the lot.

The container tolerances in the

standards are applicable to all

nectarines and peaches since those

tolerances are not modified by the

order’s rules and regulations. However,

last fall, the NAC and PCC voted to

clarify the requirements for affected

parties. Clarifying these container

tolerances will not have a regulatory

impact on nectarine and peach handlers

because these tolerances are the same as

those applied in the standards.

Maturity Requirements (Nectarines and

Peaches)

Both orders provide (in §§ 916.52 and

917.41) authority to establish maturity

requirements. The minimum maturity

level currently specified for nectarines

and peaches is ‘‘mature’’ as defined in

the standards. Additionally, both orders’

rules and regulations provide for a

higher, ‘‘well matured’’ classification.

For most varieties, ‘‘well matured’’ fruit

determinations are made using maturity

guides (e.g., color chips). These maturity

guides are reviewed each year by the

Shipping Point Inspection Service (SPI)

to determine whether they need to be

changed based on the most recent

information available on the

characteristics of each variety.

Nectarines

Requirements for ‘‘well matured’’

nectarines are specified in paragraph

(a)(1) of § 916.356. This rule continues

in effect the revision in the interim rule

of Table 1 of paragraph (a)(1) of

§ 916.356 for nectarines to add maturity

guides for 12 nectarine varieties.

Specifically, an addition to the maturity

guides was recommended for Earliglo,

May Jim, Red Glo, Royal Glo, and Zee

Grand nectarine varieties at a maturity

guide of I; Big Jim, Early Red Jim, Late

Red Jim, May Lion, and Red Fred

nectarine varieties at a maturity guide of

J; and Kay Diamond and Ruby Diamond

nectarine varieties at a maturity guide of

L.

Table 1 of paragraph (a)(1) of

§ 916.356 continues in effect the

revision changing the maturity guides

for the following eight nectarine

varieties: Autumn Delight, Fairlane,

Moon Grand, Red Diamond, Sparkling

June, Spring Diamond, Summer

Diamond, and Summer Lion. The

maturity guide for these eight varieties

was M, which was changed to L. The M

maturity guide is no longer deemed

suited by SPI to nectarine varieties

currently in production. The L maturity

guide more accurately reflects the

background color of modern nectarine

varieties under production at this time.

For this reason, the NAC recommended

these maturity requirement changes

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.

Paragraph (a)(1) of § 916.356 also

continues in effect the revision in the

interim rule to remove 13 nectarine

varieties which are no longer in

production. The NAC routinely reviews

the status of nectarine varieties listed in

these maturity guides. The most recent

review revealed that 13 of the nectarine

varieties listed in the maturity guide

had not been in production since the

1993 season. Typically, the NAC

recommends removing a variety after

non-production for three seasons or if

trees of that variety are known to have

been pulled out because a maturity

guide for an obsolete variety is no longer

needed. The varieties removed include

the Clinton-Strawberry, Desert Dawn,

Early Star, Gee Red, Granderli, Hi Red,

Larry’s Grand, Late Tina Red, Mayfair,

May Red, Red June, Stan Grand, and 61–

61 nectarine varieties.
50856 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

Table 1 of paragraph (a)(1) of

§ 916.356 continues in effect the

revision to correct the identification of

the Red Lion nectarine variety. The

name ‘‘Red Lion’’ has been changed to

‘‘August Lion.’’ For that reason, all

references to Red Lion have been

changed to August Lion. In addition,

three nectarine varieties were identified

as June Glo, May Glo, and Spring Brite.

The correct spelling of these three

varieties is Juneglo, Mayglo, and Spring

Bright, respectively.

Peaches

Paragraph (a)(1) of § 917.459 specifies

maturity requirements for fresh peaches

being inspected and certified as being

‘‘well matured.’’

This rule continues in effect the

revision of Table 1 of paragraph (a)(1) of

§ 917.459 to add maturity guides for the

Kingscrest peach variety to be regulated

at the H maturity guide, the Red Dancer

peach variety to be regulated at the I

maturity guide, and the Early Elegant

Lady peach variety to be regulated at the

L maturity guide.

This rule also continues in effect the

revision in the interim rule changing the

maturity guide assignment on Table 1 of

paragraph (a)(1) of § 917.459 for the

Summer Lady peach variety from the M

maturity guide to the L maturity guide.

The M maturity guide is no longer

deemed suited by SPI to peach varieties

currently in production. The L maturity

guide more accurately reflects the

background color of modern peach

varieties in production at this time. For

this reason, the PCC recommended this

maturity requirement change 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.

The maturity requirement changes for

these peach varieties are based on the

PCC’s continuing review of their

individual maturity characteristics, and

the identification of the appropriate

color chip corresponding to the ‘‘well

matured’’ level of maturity for each such

variety.

Table 1 of paragraph (a)(1) of

§ 917.459 continues in effect the

revision in the interim rule removing 19

peach varieties which are no longer in

production. The PCC routinely reviews

the status of peach varieties listed in

these maturity guides. The most recent

review revealed that 19 of the peach

varieties listed in the maturity guide

had not been in production since the

1993 season. Typically, the PCC

recommends removing a variety after

non-production for three seasons or if

trees of that variety are known to have

been pulled out because a maturity

guide for an obsolete variety is no longer

needed. The varieties removed include

the Armgold, Bella Rosa, Bonjour,

Desertgold, Early Fairtime, Early Royal

May, Fortyniner, Jody Gaye, June Crest,

Mardigras, Morning Sun, Preuss

Suncrest, Prima Fire, Royal April, Sun

Lady, Toreador, Treasure, Windsor, and

50–178 peach varieties.

Table 1 of paragraph (a)(1) continues

in effect the revision to change the

spelling of two varieties of peaches. The

Judy Elberta and Mary Ann varieties

appeared on Table 1. However, the

spelling of these two names was

corrected to read ‘‘July Elberta’’ and

‘‘Mary Anne.’’

Size Requirements (Nectarines and

Peaches)

Both orders provide (in §§ 916.52 and

917.41) authority to establish size

requirements. Size regulations

encourage growers to leave fruit on the

tree for a greater length of time. This

increased growing time not only

improves maturity and, therefore, the

quality of the product, but also the size

of the fruit. Increased size results in

increases in the number of packed boxes

of fruit per acre. Acceptable size fruit

also provides greater consumer

satisfaction, more repeat purchases, and,

therefore, increased returns to

producers. Varieties recommended for

specific size regulation have been

reviewed and recommendations are

based on the specific characteristics of

each variety. The NAC and PCC conduct

studies each season on the range of sizes

reached by the regulated varieties and

determine whether revisions in the size

requirements are appropriate.

Nectarines

Section 916.356 specifies size

requirements for fresh nectarines in

paragraphs (a)(2) through (a)(9). This

rule continues in effect the revision in

the interim rule of § 916.356 to establish

variety-specific size requirements for 10

nectarine varieties that were produced

in commercially significant quantities of

more than 10,000 packages for the first

time during the 1996 season. This rule

also continues in effect the modification

of the variety-specific size requirements

for several varieties of nectarines.

For example, one of the varieties

added to the variety-specific size

requirements is the Kay Glo variety.

Studies of the size ranges attained by

the Kay Glo variety revealed that .5

percent of that variety met the smallest

size, size 96, while 1.6 percent met the

largest size, size 40. Approximately 45

percent of the nectarines of the Kay Glo

variety met the next larger size, size 50.

A review of other varieties with the

same harvesting period indicated that

Kay Glo was comparable to those

varieties in its size ranges. Thus, the

recommendation to place the Kay Glo

nectarine variety in the variety-specific

size regulation at a size 88 is

appropriate. Historical variety data such

as this provide the NAC with the

information necessary to recommend

the appropriate sizes at which to

regulate various nectarine varieties.

Paragraph (a)(3) of § 916.356

continues in effect the revision to

include the Grand Sun nectarine

variety; paragraph (a)(4) continues in

effect the revision to include the Arctic

Star, Kay Glo, Prima Diamond II, and

Prince Jim nectarine varieties; and

paragraph (a)(6) in § 916.356 continues

in effect the revision to include the

Arctic Pride, Arctic Sweet, Diamond

Ray, Honey Kist, and Prime Diamond

VII nectarine varieties.

This rule also continues in effect the

revision of § 916.356 to remove seven

nectarine varieties from the varietyspecific size requirements specified in

the section because less than 5,000

packages of each of these varieties were

produced during the 1996 season.

Paragraph (a)(4) of that section

continues in effect the removal of the

Mike Grand nectarine variety. Paragraph

(a)(6) continues in effect the removal of

the Early Sungrand, Nectarine 23, Prima

Diamond, Prima Diamond III, Tasty

Gold, and Tom Grand nectarine

varieties.

Paragraph (a)(4) of § 916.356

continues in effect the revision to

include the Arctic Glo and Red Glo

nectarine varieties which were

inadvertently removed from the varietyspecific size requirement prior to the

1996 season.

In a conforming change, paragraphs

(a)(3) and (a)(4) of § 916.356 also

continue in effect the revision in the

interim rule to correct the spelling of the

Mayglo and Juneglo nectarine varieties,

respectively. Paragraph (a)(6) continues

in effect the revision to include the

August Lion variety in place of the Red

Lion variety.

Nectarine varieties removed from the

nectarine variety-specific list become

subject to the non-listed variety size

requirements specified in paragraphs

(a)(7), (a)(8), and (a)(9) of § 916.356.

The NAC recommended these

changes in the minimum size

requirements based on a continuing

review of the sizing and maturity

relationships for these nectarine

varieties, and consumer acceptance

levels for various sizes of fruit. This rule
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50857

is designed to establish minimum size

requirements for fresh nectarines

consistent with expected crop and

market conditions.

Peaches

Section 917.459 specifies size

requirements for fresh peaches in

paragraphs (a)(2) through (a)(6), and

paragraphs (b) and (c). This rule

continues in effect the revision in the

interim rule of § 917.459 to establish

variety-specific size requirements for

nine peach varieties that were produced

in commercially significant quantities of

more than 10,000 packages for the first

time during the 1996 season.

For example, one of the varieties

added to the variety-specific size

requirements is the August Lady variety.

Studies of the size ranges attained by

the August Lady variety revealed that no

peaches of that variety met the smallest

size, size 96, while 36 percent of the

peaches of the August Lady variety met

the largest size, size 30.

A review of other varieties of the same

harvesting period indicated that August

Lady was comparable to those varieties

in its size ranges. Thus, the

recommendation to place the August

Lady peach variety in the varietyspecific size regulation at a size 72 is

appropriate. Historical variety data such

as this provide the PCC with the

information necessary to recommend

the appropriate sizes at which to

regulate various peach varieties.

In § 917.459, current paragraph (a)(5)

continues in effect the revision to

include the Rich Mike, Sweet Gem, and

Sweet Scarlet peach varieties; and

current paragraph (a)(6) continues in

effect the revision to include the August

Lady, Autumn Flame, Red Sun, Scarlet

Snow, Snow Diamond, Summer Zee,

and Vista peach varieties.

This rule also continues in effect the

removal of one peach variety from the

variety-specific size requirements

specified in § 917.459, because less than

5,000 packages of this variety were

produced during the 1996 season. In

§ 917.459, current paragraph (a)(5)

continues in effect the revision to

remove the Regina peach variety.

In a conforming change, current

paragraph (a)(6) of § 917.459 continues

the revision in the interim rule to

correct the spelling of one peach variety

from ‘‘Mary Ann’’ to ‘‘Mary Anne.’’

Peach varieties removed from the

variety-specific list become subject to

the non-listed variety size requirements

specified in paragraphs (b) and (c) of

§ 917.459.

The PCC recommended these changes

in the minimum size requirements

based on a continuing review of the

sizing and maturity relationships for

these peach varieties, and the consumer

acceptance levels for various sizes of

fruit. This rule is designed to establish

minimum size requirements for fresh

peaches consistent with expected crop

and market conditions.

This rule reflects the committees’ and

the Department’s appraisal of the need

to revise the handling requirements for

California nectarines and peaches, as

specified. The Department’s

determination is that this rule will have

a beneficial impact on producers,

handlers, and consumers of California

nectarines and peaches.

This rule establishes handling

requirements for fresh California

nectarines and peaches consistent with

expected crop and market conditions,

and will help ensure that all shipments

of these fruits made each season will

meet acceptable handling requirements

established under each of these orders.

This rule will also help the California

nectarine and peach industries provide

fruit desired by consumers. This rule is

designed to establish and maintain

orderly marketing conditions for these

fruits in the interest of producers,

handlers, and consumers.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

Accordingly, AMS has prepared this

final regulatory flexibility analysis.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 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 producers have been

defined by the Small Business

Administration [13 CFR 121.601] as

those having annual receipts of less than

$500,000. Small agricultural service

firms, which includes handlers, are

defined as those whose annual receipts

are less than $5,000,000. A majority of

these handlers and producers may be

classified as small entities.

Under §§ 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. Such

requirements are in effect on a

continuing basis. This rule continues

the revisions in the interim rule of

requirements to: (1) authorize continued

use of a container first used in 1996; (2)

authorize shipments of ‘‘CA Utility’’

quality fruit during the 1997 season; (3)

clarify container tolerances for

containers of nectarines and peaches;

and (4) revise varietal maturity and size

requirements to reflect current growing

conditions.

Section 916.350, paragraph (c) and

§ 917.442, paragraph (c) continue in

effect the authority to use a recyclable,

reusable plastic container during the

1997 season and beyond. This rule also

continues in effect the authority to

permit markings on such containers to

be placed on the disposable lids rather

than on the outside ends of the

containers. Use of this container will

continue to offer a cheaper and more

environment-friendly alternative to

currently-used disposable wooden and

paper boxes. In addition, use of this

container is advocated by retailers who

desire to decrease their costs of

disposing of packing boxes.

Approximately 450,000 recyclable,

reusable plastic boxes were used by

handlers of nectarines and peaches

during the 1996 season, representing

more than 1 percent each of total

nectarine shipments of 19,561,227 boxes

and peach shipments of 19,481,624

boxes.

The increased use of this container is

expected to result in decreased handling

costs for handlers, and thereby

improved returns to producers.

Generally, under current industry

practices, handlers’ costs of packaging

nectarines and peaches are passed on to

producers by handlers via a deduction

from total returns. Such costs include

pre-cooling of received fruit, costs of

boxes, costs of packing materials, costs

of palletizing packed boxes, cold

storage, inspection costs, etc. A decrease

in the cost of boxes, then, has the

potential for decreased handling costs

passed on to all producers.

Under §§ 916.350 and 917.442 of the

regulations for nectarines and peaches,

respectively, use of lower-quality ‘‘CA

Utility’’ nectarines and peaches was

authorized for the 1996 season only.

This rule continues the revision in the

interim rule to permit the continued use

of ‘‘CA Utility’’ quality fruit for the 1997

season while further data is obtained.

During the 1996 season, the Department

authorized the use of nectarines and

peaches which were of a lower quality

than the minimum permitted for

previous seasons. During 1996, there
50858 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

were 210,443 boxes of nectarines and

365,761 boxes of peaches shipped as

‘‘CA Utility,’’ or 1.1 percent and 1.9

percent of nectarine and peach

shipments, respectively. Continued

availability of ‘‘CA Utility’’ quality fruit

is expected to have a positive impact on

producers, handlers, and consumers by

permitting more nectarines and peaches

into fresh market channels, without

adversely impacting the market for

higher quality fruit.

This rule also continues the

clarification in the interim rule of the

container tolerances for nectarines and

peaches. Under the orders, the container

tolerances in the standards have been

applied to nectarines and peaches,

although the tolerances were not

specifically included in the orders’ rules

and regulations. Thus, this is a

clarifying change which will not impose

any additional burdens on growers or

handlers.

Sections 916.356 and 917.442 for

nectarines and peaches, respectively,

currently establish minimum maturity

levels. This rule continues in effect

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). Such maturity

guides provide producers and handlers

with objective tools for measuring the

maturity of different varieties of

nectarines and peaches. Such maturity

guides are reviewed annually to

determine the appropriate guide for

each nectarine and peach variety. These

annual adjustments reflect changes in

the maturity patterns of nectarines and

peaches as experienced over the

previous seasons’ inspections.

Adjustments in the guides ensure that

fruit has met an acceptable level of

ripeness, thus ensuring consumer

satisfaction and benefitting nectarine

and peach growers and handlers.

Currently, in §§ 916.356 and 917.459,

minimum sizes for various varieties of

nectarines and peaches are established.

This rule continues in effect

adjustments to the minimum sizes for

various varieties of nectarines and

peaches beginning with the 1997

season. Minimum size regulations are

put in place to allow fruit to remain on

the tree for a greater length of time. This

increased growing time not only

improves maturity, but also improves

fruit size. Increased fruit size increases

the number of packed boxes per acre to

the benefit of both producers and

handlers. Increased fruit size also

provides greater consumer satisfaction

and, therefore, more repeat purchases by

consumers. Repeat purchases and

consumer satisfaction benefit producers

and handlers alike. Such adjustments to

minimum sizes of nectarines and

peaches are recommended each year by

the NAC and PCC based upon historical

data regarding sizes which the different

varieties attain.

This rule clarifies some of the orders’

requirements and relaxes others. This

action 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

U.S.C. 1621 through 1627). Standards

issued under the Agricultural Marketing

Act of 1946 are otherwise voluntary.

In addition, the committees’ meetings

were widely publicized throughout the

nectarine and peach industries and all

interested parties were invited to attend

the meetings and participate in

committee deliberations on all issues.

Like all committee meetings, the

December 4, 1996, meetings were public

meetings and all entities, both large and

small, were able to express views on

these issues. The committees

themselves are composed of producers,

the majority of whom are small entities.

The interim final rule regarding this

action was issued on March 24, 1997,

and published in the Federal Register

on April 1, 1997 (62 FR 15355). That

rule amended §§ 916.350, 916.356,

917.442, and 917.459 of the rules and

regulations in effect under the orders.

That rule provided a 30-day comment

period which ended on May 1, 1997.

One comment was received from the

committees’ Field Director.

The comment was apparently based

on a misreading of the application of

tolerances in the U.S. Standards and

suggested that the container tolerances

for nectarines included in the interim

final rule were greater than those

recommended by the NAC. However,

the commenter recommended that the

container tolerances in the interim rule

continue in effect unchanged, since

revisions at this point would subject

handlers of nectarines to changes in

container tolerances in the middle of the

shipping season. The comment further

indicated that the NAC will likely

review the nectarine container

tolerances at the end of the 1997 season

and consider whether modifications are

needed prior to the 1998 season.

The comment also noted three

typographical errors in the interim final

rule. The nectarine variety named ‘‘May

Fire’’ should be spelled ‘‘Mayfire.’’

Table 1 in § 916.356 (a)(1) has been

corrected accordingly.

The name of a nectarine variety

included in the variety-specific size

requirements at § 916.356(a)(6) has also

been corrected from ‘‘White Jewels

(Arctic Snow)’’ to ‘‘Arctic Snow (White

Jewel).’’

Finally, the commenter noted that the

spelling of ‘‘Kingcrest’’ should be

changed to ‘‘Kingscrest’’ in references to

that peach variety in Table 1 of

paragraph (a)(1) and current paragraph

(a)(5) of § 917.459. Those corrections are

made by this rule.

The Department also noted a number

of errors in the current text of

§§ 916.356 and 917.459 that are

corrected by this rule. The primary

corrections restore regulatory text that

was inadvertently misnumbered or

removed during previous rulemaking

actions, move certain text to more

appropriate locations, and delete

obsolete language no longer needed.

Specific changes are listed below.

Paragraph (a)(1) of § 916.356 is

revised to include an exemption from a

grade requirement pertaining to color

for nectarine varieties lacking red blush

or red color on the skins. This provision

was inadvertently omitted from the

regulatory text in a previous rule.

Paragraphs (a)(1) of §§ 916.356 and

917.459 are revised to move the

maturity tables, which were

misnumbered, to a new subparagraph

(iv). This new subparagraph also

contains introductory text pertaining to

the maturity tables, which was

misnumbered. Also, provisions

pertaining to appeals of maturity

determinations are relocated in a new

subparagraph (v).

In the interim final rule published in

the Federal Register on April 1, 1997

(62 FR 15355), the new provisions

pertaining to container tolerances were

duplicatively numbered with the

tolerances applicable to ‘‘CA Utility’’

quality nectarines and peaches. The

latter tolerances are placed in

subparagraphs (a)(1)(iii) of §§ 916.356

and 917.459. In § 916.356, current

paragraph (c) is redesignated as

paragraph (d), and the new container

tolerances are moved to a new

paragraph (c). In § 917.459, current

paragraph (e) is redesignated as

paragraph (f), and the new container

tolerances are moved to a new

paragraph (e).
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50859

As previously noted, the spelling of

the ‘‘Mayglo’’ nectarine variety was

corrected in paragraph (a)(3) of

§ 916.356; this rule makes that

correction in paragraph (a)(2) of that

section as well.

In § 917.459, obsolete language

pertaining to minimum sizes for

peaches is removed. Current paragraphs

(a)(2) and (a)(4) are removed and current

paragraphs (a)(3), (a)(5), and (a)(6) are

redesignated as (a)(2), (a)(3), and (a)(4).

Conforming changes are made in

paragraphs (b) and (c) of that section as

well.

After consideration of all relevant

matter presented, including that

contained in the interim final rule, as

well as the committees’

recommendations, the comment

received, and other available

information, it is found that this final

rule, as hereinafter set forth, will tend

to effectuate the declared policy of the

Act.

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.

Accordingly, the interim final rule

amending 7 CFR parts 916 and 917

which was published at 62 FR 15355 on

April 1, 1997, is adopted as a final rule

with the following changes:

PART 916—NECTARINES GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

part 916 continues to read as follows:

Authority: 7 U.S.C. 601–674.

2. Section 916.356 is amended by:

(A) Revising paragraphs (a)(1)

introductory text, and (a)(1)(iii);

(B) Adding new paragraphs (a)(1)(iv),

(a)(1)(v), and a new Table 1 with a note

immediately following it after paragraph

(a)(1)(iv);

(C) Removing the words ‘‘May Glo’’

and adding the word ‘‘Mayglo’’ in

paragraph (a)(2);

(D) Adding the words ‘‘Arctic Snow

(White Jewel)’’ after the words ‘‘Arctic

Queen’’ and removing the words ‘‘White

Jewels (Arctic Snow)’’ in paragraph

(a)(6); and

(E) Redesignating paragraph (c) as

paragraph (d) and adding a new

paragraph (c) to read as follows:

§ 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 lightcolored, 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

misshapened: 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,

1997, any handler may handle

nectarines if such nectarines meet ‘‘CA

Utility’’ quality requirements. The term

‘‘CA Utility’’ means that not more than

30 percent of the nectarines in any

container meet or exceed the

requirements of the U.S. No. 1 grade and

that such nectarines are mature and are:

(i) * * *

(ii) * * *

(iii) Tolerances. Not more than 10

percent, by count, of the nectarines in

any one container may be below the

requirements which are prescribed by

this paragraph, including not more than

5 percent, by count, for any one defect,

except split pits. An additional

tolerance of 10 percent, by count, of the

nectarines in any one container or bulk

lot may contain nectarines affected with

split pits. This means a total tolerance

of 20 percent is allowed for all defects,

including split pits, but not to exceed 15

percent for split pits alone.

(iv) The Federal or Federal-State

Inspection Service shall make final

determinations on maturity through the

use of color guides or such other tests

as determined appropriate by the

inspection agency. The Federal or

Federal-State Inspection Service will

use the maturity guides listed in Table

1 to paragraph (a)(1)(iv) in making

maturity determinations for the

specified varieties when inspecting to

the ‘‘well matured’’ level of maturity.

For these varieties, not less than 90

percent of any lot shall meet the color

guide established for the variety, and an

aggregate area of not less than 90

percent of the fruit surface shall meet

the color guide established for the

variety, except that for the Fairlane,

Tom Grand, and 61–61 varieties of

nectarines, not less than an aggregate

area of 80 percent of the fruit surface

shall meet the color guide established

for the variety. For varieties not listed,

the Federal or Federal-State Inspection

Service will use such tests as it deems

proper. A variance for any variety from

the application of the maturity guides

specified in Table 1 to paragraph

(a)(1)(iv) may be granted during the

season to reflect changes in crop,

weather, or other conditions that would

make the specified guides an

inappropriate measure of ‘‘well

matured.’’

TABLE 1 TO PARAGRAPH (a)(1)(iv)

Column A variety

Column B

maturity

guide

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

Ama Lyn ....................................... G

Apache .......................................... G

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

Arm King ....................................... B

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

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

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

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

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

Autumn Grand .............................. L

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

Bob Grand .................................... L

Del Rio Rey .................................. G

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

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

Early May ...................................... F

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

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

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

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

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

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

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

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

Flavor Grand ................................. G

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

Flavortop I ..................................... K

Gold King ...................................... H

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

Grand Stan ................................... F

Independence ............................... H

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

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

June Grand ................................... G

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

Kent Grand ................................... L

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

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

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

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

Le Grand ....................................... H

Maybelle ....................................... F

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

Mayfire .......................................... H

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

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

May Jim ........................................ I

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

May Lion ....................................... J
50860 Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations

TABLE 1 TO PARAGRAPH (a)(1)(iv)—

Continued

Column A variety

Column B

maturity

guide

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

Mike Grand ................................... H

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

Niagara Grand .............................. H

Pacific Star ................................... G

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

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

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

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

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

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

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

Red Grand .................................... H

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

Red June ...................................... G

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

Regal Grand ................................. L

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

Sierra Star/181–119 ..................... G

Son Red ........................................ L

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

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

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

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

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

Spring Grand ................................ G

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

Spring Top .................................... B

Star Bright ..................................... G

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

Star Grand .................................... H

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

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

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

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

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

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

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

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

Summer Star ................................ G

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

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

Sunfre ........................................... F

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

Super Star .................................... G

Tasty Free .................................... J

Tasty Gold .................................... H

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

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

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

Note: Consult with the Federal or FederalState Inspection Service Supervisor for the

maturity guides applicable to the varieties not

listed in this table.

(v) If a grower or handler believes his/

her fruit is meeting the appropriate

maturity level but the fruit has not been

so graded by the inspector, he/she may

appeal the inspection by calling the

officer-in-charge of the local FederalState Inspection Service office to

arrange for an on-site examination of the

fruit.

* * * * *

(c) Container tolerances. A package

may contain not more than double any

specified tolerance except that at least

two defective specimens may be

permitted in any package: Provided,

That the averages for the entire lot are

within the tolerances specified in this

part.

PART 917—FRESH PEARS AND

PEACHES GROWN IN CALIFORNIA

3. The authority citation for 7 CFR

part 917 continues to read as follows: 4. Section 917.459 is amended by:

(A) Revising paragraphs (a)(1)

introductory text, and (a)(1)(iii); (B) Adding new paragraphs (a)(1)(iv)

and (a)(1)(v), and a new Table 1 with a

note immediately following it following

paragraph (a)(1)(iv); (C) Removing paragraph (a)(2) and

redesignating paragraphs (a)(3), (a)(4),

(a)(5) and (a)(6) as paragraphs (a)(2),

(a)(3), (a)(4) and (a)(5);

(D) Revising the introductory text of

paragraphs (b) and (c); (E) Redesignating paragraph (e) as

paragraph (f) and adding a new

paragraph (e) to read as follows:

§ 917.459 California Peach Grade and Size

Regulation.

(a) * * *

(1) Any lot or package or container of

any variety of peaches unless such

peaches meet the requirements of U.S.

No. 1 grade: Provided, That an

additional 25 percent tolerance shall be

permitted for fruit with open sutures

which are damaged, but not seriously

damaged: Provided further, That during

the period April 1 through November

23, 1997, any handler may handle

peaches if such peaches meet ‘‘CA

Utility’’ quality requirements. The term

‘‘CA Utility’’ means that not more than

30 percent of the peaches in any

container meet or exceed the

requirements of the U.S. No. 1 grade and

that such peaches are mature and are: (i) Free from insect injury which has

penetrated or damaged the flesh; split

pits which cause an unhealed crack or

one or more healed cracks which, either

singly or in the aggregate, are more than

1⁄2 inch in length; and mold, brown rot,

and decay; and (ii) * * *

(iii) Tolerances. Not more than 10

percent, by count, of the peaches in any

container may be below the

requirements prescribed by this

paragraph. Not more than one-half of

this tolerance shall be allowed for any

one cause. Individual containers in any

lot may contain not more than one and

one-half times the tolerances specified if

the percentage of defects of the entire lot

averages within the tolerances.

(iv) The Federal or Federal-State

Inspection Service shall make final

determinations on maturity through the

use of color chips or such other tests as

determined appropriate by the

inspection agency. The Federal or

Federal-State Inspection Service will

use the maturity guides listed in Table

1 to paragraph (a)(1)(iv) in making

maturity determinations for the

specified varieties when inspecting to

the ‘‘well matured’’ level of maturity.

For these varieties, not less than 90

percent of any lot shall meet the color

guide established for the variety, and an

aggregate area of not less than 90

percent of the fruit surface shall meet

the color guide established for the

variety. For varieties not listed, the

Federal or Federal-State Inspection

Service will use such tests as it deems

proper. A variance for any variety from

the application of the maturity guides

specified in Table 1 to paragraph

(a)(1)(iv) may be granted during the

season to reflect changes in crop,

weather, or other conditions that would

make the specified inappropriate

measure of ‘‘well matured.’’

Table 1 to paragraph (a)(1)(iv)

Column A variety

Column B

maturity

guide

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

Ambercrest ................................... G

August Sun ................................... I

Autumn Crest ................................ I

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

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

Autumn Rose ................................ I

Belmont (Fairmont) ....................... I

Berenda Sun ................................. I

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

Cardinal ........................................ G

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

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

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

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

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

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

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

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

Early Coronet ................................ D

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
Federal Register / Vol. 62, No. 188 / Monday, September 29, 1997 / Rules and Regulations 50861

Table 1 to paragraph (a)(1)(iv)—

Continued

Column A variety

Column B

maturity

guide

Fayette .......................................... I

Fire Red ........................................ I

First Lady ...................................... D

Flamecrest .................................... I

Flavorcrest .................................... G

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

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

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

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

Golden Crest ................................ H

Golden Lady ................................. F

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

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

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

July Lady ...................................... G

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

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

June Sun ...................................... H

Kearney ........................................ I

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

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

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

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

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

Mary Anne .................................... G

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

May Lady ...................................... G

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

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

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

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

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

Parade .......................................... I

Pat’s Pride .................................... D

Prima Lady ................................... J

Prime Crest ................................... H

Queencrest ................................... G

Ray Crest ...................................... G

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

Red Dancer (Red Boy) ................. I

Redglobe ...................................... C

Redhaven ..................................... G

Red Lady ...................................... G

Redtop .......................................... G

Regina .......................................... G

Rich Lady ...................................... J

Rich May ....................................... H

Rio Oso Gem ................................ I

Royal Lady .................................... J

Royal May ..................................... G

Ruby May ..................................... H

Ryan Sun ...................................... I

Scarlet Lady .................................. F

September Sun ............................. I

Sierra Crest .................................. H

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

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

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

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

Springold ....................................... D

Sugar Lady ................................... J

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

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

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

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

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

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

Table 1 to paragraph (a)(1)(iv)—

Continued

Column A variety

Column B

maturity

guide

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

Note: Consult with the Federal or FederalState Inspection Service Supervisor for the

maturity guides applicable to the varieties not

listed in this table.

(v) If a grower or handler believes his/

her fruit is meeting the appropriate

maturity level but the fruit has not been

so graded by the inspector, he/she may

appeal the inspection by calling the

officer-in-charge of the local FederalState Inspection Service office to

arrange for an on-site examination of the

fruit.

* * * * *

(b) During the period April 1 through

June 30 of each fiscal period, no handler

shall handle any package or container of

any variety of peaches not specifically

named in paragraphs (a)(2), (a)(3) or

(a)(4) of this section unless:

* * * * *

(c) During the period July 1 through

October 31 of each fiscal period, no

handler shall handle any package or

container of any variety of peaches not

specifically named in paragraphs (a)(2),

(a)(3) or (a)(4) of this section unless:

* * * * *

(e) Container tolerances. The contents

of individual packages in the lot are

subject to the following limitations,

provided the averages for the entire lot

are within the tolerances specified in

this part:

(1) For packages which contain more

than 10 pounds, and a tolerance of 10

percent or more is provided, individual

packages shall have not more than one

and one-half times the tolerance

specified. For packages which contain

more than 10 pounds and a tolerance of

less than 10 percent is provided,

individual packages shall have not more

than double the tolerance specified.

(2) For packages which contain 10

pounds or less, individual packages are

not restricted as to the percentage of

defects.

* * * * *

Dated: September 18, 1997.

Robert C. Keeney.

Director, Fruit and Vegetable Division.

[FR Doc. 97–25410 Filed 9–26–97; 8:45 am]

BILLING CODE 3410–02–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–63–AD; Amendment

39–10147; AD 97–20–10]

RIN 2120–AA64

Airworthiness Directives; de Havilland

Model DHC–8–100, –200, and –300

Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain de Havilland

Model DHC–8–100, –200, and –300

series airplanes, that requires

modification of the attitude and heading

reference systems (AHRS). This

amendment is prompted by a report of

loss of power to both AHRS’s during

flight due to a faulty terminal block to

which the signal ground for the AHRS’s

are connected. The actions specified by

this AD are intended to prevent

simultaneous power loss to both

AHRS’s, which could result in reduced

controllability of the airplane.

DATES: Effective November 3, 1997.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of November

3, 1997.

ADDRESSES: The service information

referenced in this AD may be obtained

from Bombardier, Inc., Bombardier

Regional Aircraft Division, Garratt

Boulevard, Downsview, Ontario M3K

1Y5, Canada. This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, New York

Aircraft Certification Office, Engine and

Propeller Directorate, 10 Fifth Street,

Third Floor, Valley Stream, New York;

or at the Office of the Federal Register,

800 North Capitol Street, NW., suite

700, Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Luciano Castracane, Aerospace

Engineer, Systems and Equipment

Branch, ANE–172, FAA, New York

Aircraft Certification Office, Engine and

Propeller Directorate, 10 Fifth Street,

Third Floor, Valley Stream, New York

11581; telephone (516) 256–7535; fax

(516) 568–2716.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to