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contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

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Rules and Regulations Federal Register

17027 

Vol. 75, No. 64 

Monday, April 5, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Doc. No. AMS–FV–09–0090; FV10–916/917– 

1 IFR] 

Nectarines and Peaches Grown in 

California; Changes in Handling 

Requirements for Fresh Nectarines 

and Peaches 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule changes the 

handling requirements applicable to 

well matured fruit covered under the 

nectarine and peach marketing orders 

(orders). The 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 

updates the variety-specific size 

requirements to reflect changes in 

commercially significant varieties. This 

will enable handlers to continue to ship 

fresh nectarines and peaches in a 

manner that meets consumer needs, 

increases returns to producers and 

handlers, and reflects current industry 

practices. 

DATES: Effective April 6, 2010; 

comments received by June 4, 2010 will 

be considered prior to issuance of a final 

rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, 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 document 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. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: Jerry 

L. Simmons, 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: 

Jerry.Simmons@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, 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: 

Antoinette.Carter@ams.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. 

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 changes the handling 

requirements applicable to well matured 

fruit covered under the nectarine and 

peach orders. This rule updates the 

variety-specific size requirements to 

reflect changes in commercially 

significant varieties. These changes will 

enable handlers to continue to ship 

fresh nectarines and peaches in a 

manner that meets consumer needs, 

increases returns to producers and 

handlers, and reflects current industry 

practices. 

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 order has 

been in effect since 1958. The orders 

have been used over the years to 

establish quality control programs that 

include minimum grade, size, and 

maturity standards. These programs 

have helped improve the quality of 

product moving from the farm to 

market, and have 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 

termination of regulations issued under 

§§ 916.52 and 917.41, respectively. 


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17028 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 

Changes in regulations have been 

implemented to reflect changes in 

industry operating practices and to 

solve marketing problems as they arise. 

The committees 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. 

Currently, handling requirements are 

in effect for 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 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). Other handling 

requirements were suspended in 2007 to 

reduce handler inspection costs (72 FR 

49128; August 28, 2007). 

The committees met on December 10, 

2009, and unanimously recommended 

that the handling requirements be 

revised for the 2010 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. 

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 the 

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. 

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)(4) 

and (a)(6) of § 916.356 to establish 

variety-specific minimum size 

requirements for 10 varieties of 

nectarines that were produced in 

commercially significant quantities of 

more than 10,000 containers for the first 

time during the 2009 season. This rule 

also removes the variety-specific 

minimum size requirements for twelve 

varieties of nectarines whose shipments 

fell below 5,000 containers during the 

2009 season. 

For example, one of the varieties 

recommended for addition to the 

variety-specific minimum size 

requirements is the Snow PearlTM

variety of nectarines, recommended for 

regulation at a minimum size 84. A 

minimum size of 84 means that a 

packed standard lug box will contain 

not more than 84 nectarines. Studies of 

the size ranges attained by the Snow 

PearlTM variety revealed that 100 

percent of the containers met the 

minimum size of 84 during the 2008 

and 2009 seasons. Sizes ranged from 

size 30 to size 80, with 23.1 percent of 

the containers meeting the size 30, 25 

percent meeting the size 40, 48.9 

percent meeting the size 50, 2 percent 

meeting the size 60, .1 percent meeting 

the size 70, and .9 percent meeting the 

size 80 in the 2009 season. 

A review of other varieties with the 

same harvesting period indicated that 

the Snow PearlTM 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 Snow 

PearlTM variety in the variety-specific 

minimum size regulation at a minimum 

size 84 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 committee 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)(4) of § 916.356 is revised to include 

the Honey Lite, June Sweet, and Kay 

Diamond nectarine varieties and 

paragraph (a)(6) of § 916.356 is revised 

to include the Crimson Sweet, July 

Bright, June Ice, Raspberry Jewel, Red 

Baron 2, Snow PearlTM, and 225LP242 

nectarine varieties. 

This rule also revises paragraph (a)(2) 

of § 916.356 to remove the May Fire and 

May Glo nectarine varieties; paragraph 

(a)(3) of § 916.356 to remove the May 

Glo nectarine variety; paragraph (a)(4) of 

§ 916.356 to remove the Early Pearl 

nectarine variety; and paragraph (a)(6) 

of § 916.356 to remove the Alta Red, 

Autumn Blaze, Autumn Fire, Big Jim, La 

Reina, Neptune, P–R Red, Royal Giant, 

and Terra White nectarine varieties from 

the variety-specific minimum size 

requirements because fewer than 5,000 

containers of each of these varieties 

were produced during the 2009 season. 

Nectarine varieties removed from the 

nectarine variety-specific minimum size 

requirements become subject to the nonlisted variety size requirements 

specified in paragraphs (a)(7), (a)(8), and 

(a)(9) of § 916.356. 

Peaches: Section 917.459 of the 

order’s rules and regulations specifies 

minimum size requirements for fresh 

peaches in paragraphs (a)(2) through 

(a)(6), and paragraphs (b) and (c). This 

rule revises paragraphs (a)(5) and (a)(6) 

of § 917.459 to establish variety-specific 

minimum size requirements for eight 

peach varieties that were produced in 

commercially significant quantities of 

more than 10,000 containers for the first 

time during the 2009 season. This rule 

also removes the variety-specific 

minimum size requirements for eleven 

varieties of peaches whose shipments 

fell below 5,000 containers during the 

2009 season. 

For example, one of the varieties 

recommended for addition to the 

variety-specific minimum size 

requirements is the Ivory Duchess 

variety of peaches, which was 

recommended for regulation at a 

minimum size 80. A minimum size of 

80 means that a packed standard lug box 

contains not more than 80 peaches. 

Studies of the size ranges attained by 

the Ivory Duchess variety revealed that 

100 percent of the containers met the 

minimum size of 80 during the 2008 

and 2009 seasons. Sizes ranged from 

size 30 to size 80, with 7.7 percent of 

the containers meeting the size 30, 50.5 

percent meeting the size 40, 5.5 percent 

meeting the size 50, 25.3 percent 

meeting the size 60, 1.7 percent meeting 

the size 70, and 9.3 percent meeting the 

size 80 in the 2009 season. 


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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 17029 

A review of other varieties with the 

same harvesting period indicated that 

the Ivory Duchess 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 Ivory 

Duchess variety in the variety-specific 

minimum size regulation at a minimum 

size 80 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)(5) of § 917.459 is revised to include 

the Ivory Duchess peach variety and 

paragraph (a)(6) of § 917.459 is revised 

to include the Crimson Jewel, Golden 

Moon, Ivory King, Pearl Princess, Snow 

Duchess, 116LM397, and 382LN469 

peach varieties. 

This rule also revises paragraph (a)(2) 

of § 917.459 to remove the April Snow 

peach variety; paragraph (a)(3) of 

§ 917.459 to remove the Snow Kist 

peach variety; paragraph (a)(5) of 

§ 917.459 to remove the David Sun and 

Sweet Crest peach varieties; and 

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

the Coral Princess, Jasper Treasure, 

Royal Lady, September Lady, Spring 

Candy, Sugar Lady, and Sweet Kay 

peach varieties from the variety-specific 

minimum size requirements because 

less than 5,000 containers of each of 

these varieties was produced during the 

2009 season. Peach varieties removed 

from the peach variety-specific 

minimum size requirements become 

subject to the non-listed variety size 

requirements specified in paragraphs (b) 

and (c) 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. 

This should help establish and maintain 

orderly marketing conditions for these 

fruits in the interests of producers, 

handlers, and consumers. 

Initial Regulatory Flexibility Analysis 

Pursuant to requirements set forth in 

the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612), 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. 

Industry Information 

There are approximately 101 

California nectarine and peach handlers 

subject to regulation under the orders 

covering nectarines and peaches grown 

in California, and about 475 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 having annual 

receipts of less than $7,000,000, and 

small agricultural producers are defined 

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 50 handlers in 

the industry who would not be 

considered small entities. For the 2009 

season, the committees’ staff estimated 

that the average handler price received 

was $11.50 per container or container 

equivalent of nectarines or peaches. A 

handler would have to ship at least 

608,696 containers to have annual 

receipts of $7,000,000. Given data on 

shipments maintained by the 

committees’ staff and the average 

handler price received during the 2009 

season, the committees’ staff estimates 

that small handlers represent 

approximately 50 percent of all the 

handlers within the industry. 

The committees’ staff has also 

estimated that fewer than 50 producers 

in the industry would not be considered 

small entities. For the 2009 season, the 

committees estimated the average 

producer price received was $6.50 per 

container or container equivalent for 

nectarines and peaches. A producer 

would have to produce at least 115,385 

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 2009 season, the committees’ 

staff estimates that small producers 

represent more than 80 percent of the 

producers within the industry. 

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. 

Sections 916.356 and 917.459 of the 

orders’ rules and regulations establish 

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 2010 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 the 

committees 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. 

The committees make 

recommendations regarding the 

revisions in handling 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 and 

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 


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17030 Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 

increasing the availability of this critical 

information within the industry. 

Regarding the impact of this action on 

the affected entities, 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 will not impose any 

additional reporting or recordkeeping 

requirements on either small or large 

nectarine and peach handlers. As with 

all Federal marketing order programs, 

reports and forms are periodically 

reviewed to reduce information 

requirements and duplication by 

industry and public sector agencies. 

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. 

The committees have appointed a 

number of joint subcommittees to 

review certain issues and make 

recommendations to the committees. 

The Compliance Subcommittee met on 

November 3, 2009, and discussed this 

issue in detail. Their recommendations 

were presented at the meetings of both 

committees on December 10, 2009. As 

with all committee meetings, the 

November 3 and December 10 meetings 

were public meetings, and all entities, 

both large and small, were able to 

express their views on this issue. All of 

the committees’ meetings are widely 

publicized throughout the nectarine and 

peach industry, and all interested 

parties are invited to attend and 

participate in committee deliberations. 

Finally, interested persons are invited 

to submit comments on this interim 

rule, including 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/AMSv1.0/

ams.fetchTemplateData.

do?template=TemplateN&

page=MarketingOrdersSmallBusiness

Guide. Any questions about the 

compliance guide should be sent to 

Antoinette Carter at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

This rule invites comments on 

changes to the handling requirements 

currently prescribed under the 

marketing orders for California fresh 

nectarines and peaches. Any comments 

received will be considered prior to 

finalization of this rule. 

After consideration of all relevant 

material presented, including the 

committees’ recommendation, and other 

information, it is found that this interim 

rule, as hereinafter set forth, will 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) the committees met and 

unanimously recommended these 

changes at public meetings, and 

interested persons had opportunities to 

provide input at all those meetings; and 

(3) the rule provides a 60-day comment 

period, and any written comments 

received will be considered prior to any 

finalization of this 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 916.356 is amended by 

revising the introductory text of 

paragraphs (a)(2), (a)(3), (a)(4), and (a)(6) 

to read as follows: 

§ 916.356 California nectarine grade and 

size regulation. 

(a) * * * 

(2) Any package or container of April 

Glo variety nectarines unless: 

* * * * * 

(3) Any package or container of 

Burnectfive (Spring Flare® 21), 

Burnectten (Spring Flare® 19), Crimson 

Baby, Earliglo, Honey May, May 

PearlTM, Polar Ice, Polar Light, Red 

Jewel or Zee Fire variety nectarines 

unless: 

* * * * * 

(4) Any package or container of Arctic 

Star, Burnectone (Spring Ray®), 

Burnecttwelve (Sweet Flair® 21), 

Burnectthirteen (Snow Flare® 22), 

Burnectfourteen (Snow Flare® 21), 

Diamond Bright, Diamond Pearl, Gee 

Sweet, Honey Lite, June Pearl, June 

Sweet, Kay Diamond, 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 

15G225, 225LP242, Arctic Belle, Arctic 

Blaze, 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 

Sweet, Bright Pearl, Burnectfour 

(Summer Flare® 35), Burnectseven 

(Summer Flare® 28), Burnecteleven 

(Summer Flare® 30), Burnectfifteen 

(Summer Flare® 27), Burnectseventeen 

(Summer Flare® 32), Candy Gold, Candy 

Pearl, Crimson Sweet, Diamond Ray, 

Early Red Jim, Fire Pearl, Fire Sweet, 

Giant Pearl, Grand Bright, Grand Candy, 

Grand Pearl, Grand Sweet, Honey Blaze, 

Honey Dew, Honey Diva, Honey Fire, 

Honey Kist, Honey Rose, Honey Royale, 

July Bright, July Pearl, July Red, June 

Ice, Kay Pearl, La Pinta, Larry’s Red, 

Late Red Jim, Mike’s Red, Orange 

Honey, Prima Diamond IX, Prima 

Diamond X, Prima Diamond XIX, Prima 

Diamond XXIV, Prima Diamond XXVIII, 

Prince Jim 3, Raspberry Jewel, Red 

Baron 2, Red Bright, Red Diamond, Red 

Glen, Red Jim, Red Pearl, Regal Pearl, 

Regal Red, Ruby Bright, Ruby Diamond, 

Ruby Pearl, Ruby Sweet, Saucer, 

September Bright (26P–490), September 

Free, September Red, Signature, Snow 

Pearl, Sparkling June, Spring Bright, 

Spring PearlTM, Spring Sweet, Sugar 

PearlTM, Sugarine, Summer Blush, 

Summer Bright, Summer Diamond, 

Summer Fire, Summer Jewel, Summer 

Lion, Summer Red, Sunburst, Sun 

Valley Sweet, Zee Glo or Zephyr variety 

nectarines unless: 

* * * * * 

PART 917—FRESH PEARS AND 

PEACHES GROWN IN CALIFORNIA 

■ 3. Section 917.459 is amended by 

revising the introductory text of 


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Federal Register / Vol. 75, No. 64 / Monday, April 5, 2010 / Rules and Regulations 17031 

paragraphs (a)(2), (a)(3), (a)(5), and (a)(6) 

to read as follows: 

§ 917.459 California peach grade and size 

regulation. 

(a) * * * 

(2) Any package or container of 

Earlitreat, Snow Angel, Supechfifteen, 

or Super Lady variety peaches unless: 

* * * * * 

(3) Any package or container of Island 

Prince, Snow Peak, Spring Princess, or 

Super Rich 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, Early May Crest, 

Flavorcrest, Honey Sweet, Ivory 

Duchess, Ivory Queen, June Lady, 

Magenta Queen, May Crest, May Sweet, 

Prima Peach IV, Queencrest, Rich May, 

Sauzee Queen, Scarlet Queen, Sierra 

Snow, Snow Brite, Springcrest, Spring 

Lady, Spring Snow, Springtreat 

(60EF32), Sugar Time (214LC68), 

Supecheight (012–094), Supechnine, 

Sweet Scarlet, or Zee Diamond variety 

peaches unless: 

* * * * * 

(6) Any package or container of 

116LM397, 382LN469, August Lady, 

August Saturn, Autumn Flame, Autumn 

Jewel, Autumn Red, Autumn Rich, 

Autumn Rose, Autumn Snow, Autumn 

Sun, Burpeachtwo (Henry II®), 

Burpeachthree (September Flame®), 

Burpeachfour (August Flame®), 

Burpeachfive (July Flame®), 

Burpeachsix (June Flame®), 

Burpeachseven (Summer Flame® 29), 

Burpeachfifteen (Summer Flame® 34), 

Burpeachtwenty (Summer Flame®), 

Burpeachtwentyone (Summer Flame®

26), Candy Princess, Country Sweet, 

Crimson Jewel, Diamond Candy, 

Diamond Princess, Earlirich, Early 

Elegant Lady, Elegant Lady, Fancy Lady, 

Fay Elberta, Full Moon, Galaxy, Glacier 

White, Golden Moon, Henry III, Henry 

IV, Ice Princess, Ivory King, Ivory 

Princess, Jasper Gem, Jillie White, 

Joanna Sweet, John Henry, Kaweah, 

Klondike, Last Tango, Natures #10, 

O’Henry, Peach-N-Cream, Pearl 

Princess, Pink Giant, Pink Moon, Prima 

Gattie 8, Prima Peach 13, Prima Peach 

XV, Prima Peach 20, Prima Peach 23, 

Prima Peach XXVII, Queen Jewel, Rich 

Lady, Ruby Queen, Ryan Sun, Saturn 

(Donut), September Blaze, September 

Snow, September Sun, Sierra Gem, 

Sierra Rich, Snow Beauty, Snow Blaze, 

Snow Duchess, Snow Fall, Snow Gem, 

Snow Giant, Snow Jewel, Snow King, 

Snow Magic, Snow Princess, Sprague 

Last Chance, Strawberry, Sugar Crisp, 

Sugar Giant, Summer Dragon, Summer 

Fling, Summer Lady, Summer Sweet, 

Summer Zee, Sweet Blaze, Sweet 

Dream, Sweet Henry, Sweet September, 

Tra Zee, Valley Sweet, Vista, White 

Lady, or Zee Lady variety peaches 

unless: 

* * * * * 

Dated: March 30, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–7569 Filed 4–2–10; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 925 and 944 

[Doc. No. AMS–FV–09–0085; FV10–925–1 

IFR] 

Grapes Grown in a Designated Area of 

Southeastern California and Imported 

Table Grapes; Relaxation of Handling 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule relaxes the handling 

requirements prescribed under the 

California table grape marketing order 

(order) and the table grape import 

regulation. The order regulates the 

handling of table grapes grown in a 

designated area of southeastern 

California and is administered locally 

by the California Desert Grape 

Administrative Committee (committee). 

The import regulation is authorized 

under section 8e of the Agricultural 

Marketing Agreement Act of 1937 and 

regulates the importation of table grapes 

into the United States. This rule relaxes 

the one-quarter pound minimum bunch 

size requirement for the 2010 and 

subsequent seasons for grapes packed in 

consumer packages holding 2 pounds 

net weight or less. Under the relaxation, 

up to 20 percent of the weight of such 

containers may consist of single clusters 

of at least five berries each. This action 

continues the relaxation that was 

prescribed on a one-year test basis in 

2009 and provides California desert 

grape handlers and importers the 

flexibility to respond to an ongoing 

marketing opportunity to meet 

consumer needs. 

DATES: Effective April 8, 2010; 

comments received by May 5, 2010 will 

be considered prior to issuance of a final 

rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, 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 document number 

and the date and page number of this 

issue of the Federal Register and will be 

made available for public inspection in 

the Office of the Docket Clerk during 

regular business hours, or can be viewed 

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

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 

comments will be made public on the 

Internet at the address provided above. 

FOR FURTHER INFORMATION CONTACT: Jerry 

Simmons, 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: 

Jerry.Simmons@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Antoinette 

Carter, 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: 

Antoinette.Carter@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

925, as amended (7 CFR part 925), 

regulating the handling of grapes grown 

in a designated area of southeastern 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

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

hereinafter referred to as the ‘‘Act.’’ 

This rule is also issued under section 

8e of the Act, which provides that 

whenever certain specified 

commodities, including table grapes, are 

regulated under a Federal marketing 

order, imports of these commodities 

into the United States are prohibited 

unless they meet the same or 

comparable grade, size, quality, or 

maturity requirements as those in effect 

for the domestically produced 

commodities. 


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