This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

15355

Vol. 62, No. 62

Tuesday, April 1, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV96–916–3–IFR]

Nectarines and Peaches Grown in

California; Revision of Handling

Requirements for Fresh Nectarines

and Peaches

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule revises

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 enables handlers to

continue shipping fresh nectarines and

peaches meeting consumer needs in the

interest of producers, handlers, and

consumers of these fruits.

DATES: Effective April 1, 1997.

Comments which are received by May 1,

1997, will be considered prior to

issuance of any final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, PO Box 96456, Room 2523–S,

Washington, DC 20090–6456; or by

facsimile at 202–720–5698. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be made available for public

inspection at the office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Terry Vawter, Marketing Specialist,

California Marketing Field Office,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, 2202 Monterey Street,

Suite 102B, Fresno, California, 93721;

telephone: (209) 487–5901; or Kenneth

Johnson, Marketing Specialist,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, PO Box 96456, Room

2523–S, Washington, DC 20090-6456;

telephone: (202) 720–2861. Small

businesses may request information on

compliance with this regulation by

contacting: Jay Guerber, Marketing

Order Administration Branch, Fruit and

Vegetable Division, AMS, USDA, PO

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 begins 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 mature

and well matured fruit; and (4) revise

varietal maturity and size requirements

to reflect recent 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. 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
15356 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

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 recyclable and

reusable. The design of some styles of

the container, which has cooling slots in

all of its sides, is such that the markings

cannot be placed on the outside ends of

the container. 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

of the total number of packages of

nectarines and peaches shipped in that

season. Users of the recyclable, reusable

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.

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 not serious

damage.

This rule revises 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 that meeting the

modified U.S. No. 1 grade

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 inhouse 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 in the

1995 and 1996 seasons. Results from the

1996 season were compared to the 1995

season. Preliminary data indicates 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 was

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 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 are revised to continue the

requirement 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)

As previously indicated, the orders

require that, except for ‘‘CA Utility’’

quality fruit, nectarines or peaches meet

most of the requirements of the U.S. No.

1 grade; these include the requirement

that such fruit is ‘‘mature.’’ (‘‘CA

Utility’’ fruit is also required to be

‘‘mature.’’) A second, higher maturity

standard of ‘‘well matured’’ is also

defined in the rules and regulations for

both 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 fail

to meet those factors to allow for

variations incident to proper grading

and handling. Tolerances are specified

for both entire lots of fruit and for

individual containers in the lot.

The container tolerances in the

standards are applicable to both mature

and well-matured nectarines and
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15357

peaches since those tolerances are not

modified by the orders’ rules and

regulations. However, 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 past

seasons.

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. These maturity guides established

under the handling regulations of the

California tree fruit marketing orders

have been codified in the Code of

Federal Regulations prior to 1996. Those

guides appeared in Table 1 of

§§ 916.356 and 917.459, respectively.

Those tables were inadvertently

removed in 1996. This rule adds those

Tables to the handling regulations under

the respective marketing orders. The requirements in the 1997

handling regulation are the same as

those that appeared in the 1996

handling regulation with a few

exceptions. Those exceptions are

explained in this rule.

Nectarines

Requirements for ‘‘well matured’’

nectarines are specified in paragraph

(a)(1) of § 916.356. This rule adds

TABLE 1 of paragraph (a)(1)(i) 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)(i) of

§ 916.356 contains the current 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

current maturity guide for these eight

varieties is M, which is changed to L.

The M maturity guide is no longer

deemed suited to nectarine varieties

currently in production by SPI, while

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

requirements based on SPI’s continuing

review of individual maturity

characteristics and identification of the

appropriate maturity guide

corresponding to the ‘‘well matured’’

level of maturity for nectarine varieties

in production.

Paragraph (a)(1) of § 916.356 is

revised to remove 14 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 currently listed in the maturity

guide have 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.

TABLE 1 of paragraph (a)(1)(i) of

§ 916.356 corrects 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 are currently

incorrectly 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.’’

TABLE 1 of paragraph (a)(1)(i) of

§ 917.459 includes maturity guides for

the Kingcrest 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.

TABLE 1 of paragraph (a)(1)(i) of

§ 917.459 contains the maturity guide

assignment 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 to peach

varieties currently in production by SPI,

while the L maturity guide more

accurately reflects the background color

of modern peach varieties under

production at this time. For this reason,

the PCC recommended these maturity

requirements based on SPI’s continuing

review of individual maturity

characteristics and identification of the

appropriate maturity guide

corresponding to the ‘‘well matured’’

level of maturity for peach varieties in

production.

The maturity requirements 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.

Paragraph (a)(1)(i) of § 917.459 is also

revised to remove 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 currently

listed in the maturity guide have 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)(i)

includes changes to the spelling of two

varieties of peaches. Previously, the

Judy Elberta and Mary Ann varieties

appeared on TABLE 1. However, the

spelling of these two names needs to be

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 allow

fruit to stay 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 nectarines per acre.

Acceptable size fruit also provides

greater consumer satisfaction, more

repeat purchases, and, therefore,
15358 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

increases returns to producers. Varieties

recommended for specific size

regulation have been reviewed and

recommendations are based on the

characteristics of the variety to attain

minimum size. 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 revises § 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 modifies the variety-specific size

requirements for five varieties of

nectarines.

For example, one of the varieties

being 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 provides the NAC with the

information necessary to recommend

the appropriate sizes at which to

regulate various nectarine varieties. Paragraph (a)(3) of § 916.356 is

revised to include the Grand Sun

nectarine variety; paragraph (a)(4) is

revised to include the Arctic Star, Kay

Glo, Prima Diamond II, and Prince Jim

nectarine varieties; and paragraph (a)(6)

in § 916.356 is revised to include the

Arctic Pride, Arctic Sweet, Diamond

Ray, and Honey Kist nectarine varieties. This rule also amends § 916.356 to

remove six nectarine varieties from the

variety-specific 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

is revised to remove the Mike Grand

nectarine variety. Paragraph (a)(6) is

revised to remove the Early Sungrand,

Nectarine 23, Prima Diamond III, Tasty

Gold, and Tom Grand nectarine

varieties.

Paragraph (a)(4) of § 916.356 is also

revised 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), (a)(4), and (a)(6) of § 916.356 are

also revised to correct the spelling of the

Mayglo, Juneglo, and Spring Bright

nectarine varieties, respectively.

Paragraph (a)(6) is also revised to

include the Autumn 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

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 amends

§ 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

being 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

none of that variety met the smallest

size, size 96, while 36 percent of the

peach 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 provides the PCC with the

information necessary to recommend

the appropriate sizes at which to

regulate various peach varieties. In § 917.459, paragraph (a)(5) is

revised to include the Rich Mike, Sweet

Gem, and Sweet Scarlet peach varieties;

and paragraph (a)(6) is revised to

include the August Lady, Autumn

Flame, Red Sun, Scarlet Snow, Snow

Diamond, Summer Zee, and Vista peach

varieties.

This rule also amends § 917.459 to

remove one peach variety from the

variety-specific size requirements

specified in that section, because less

than 5,000 packages of this variety were

produced during the 1996 season. In

§ 917.459, paragraph (a)(5) is revised to

remove the Regina peach variety.

In a conforming change, paragraph

(a)(6) of § 917.459 is also revised to

correct the spelling of the Mary Anne

peach variety.

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 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

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.
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15359

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 revises

current 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 mature and well matured fruit; and

(4) revise varietal maturity and size

requirements to reflect recent growing

conditions.

Section 916.350 (c) and § 917.442 (c)

currently authorize the use of a

recyclable, reusable plastic container for

the 1996 season only. This rule

authorizes the continued use of such a

container beyond the 1996 season. This

rule also continues 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

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 boxes were used by

handlers of nectarines and peaches

during the 1996 season, representing

more than 1 percent 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 improve

returns to producers. Generally, under

current industry practices, handlers’

costs of packaging nectarines and

peaches are passed onto 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.

In §§ 916.350 and 917.442 of the

orders regulating nectarines and

peaches, respectively, use of lowerquality nectarines and peaches was

authorized for shipment as ‘‘CA Utility’’

as an experiment for the 1996 season

only. This rule permits 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 were 210,443 boxes of

nectarines and 365,761 boxes of peaches

packed as ‘‘CA Utility,’’ or 1.1 percent

and 1.9 percent, 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 clarifies the container

tolerances for mature and well-matured

nectarines and peaches. Under the

orders, the container tolerances in the

standards have been applied to mature

and well matured fruit, although the

tolerances were not specifically detailed

in the standards or the marketing orders’

rules and regulations. Thus, this is a

clarifying change which will have no

practical impact on growers or handlers.

Sections 916.356 and 917.442 for

nectarines and peaches, respectively,

currently establish minimum maturity

levels. This rule makes annual

adjustments to the maturity

requirements for several varieties of

nectarines and peaches. Maturity

requirements are based on maturity

measurements generally using maturity

guides (e.g., color chips). 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 for nectarines

and § 917.459 for peaches, minimum

sizes for various varieties of nectarines

and peaches are established. This rule

makes annual adjustments to the

minimum sizes authorized for various

varieties of nectarines and peaches

beginning with the 1997 season.

Minimum size regulations are put in

place to allow fruit to stay 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.

Accordingly, 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.

Finally, interested persons are invited to

submit information on the regulatory

and informational impacts of this action

on small businesses.

After consideration of all relevant

matters presented, the information and

recommendations submitted by the

committees, and other information, it is

found that this interim final rule, as

hereinafter set forth, will tend to

effectuate the declared policy of the Act.
15360 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

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

found and determined, upon good

cause, that it is impracticable,

unnecessary and contrary to the public

interest to give preliminary notice prior

to putting this rule into effect, and that

good cause exists for not postponing the

effective date of this rule until 30 days

after publication in the Federal Register

because: (1) California nectarine and

peach producers and handlers should be

apprised of this rule as soon as possible,

since early shipments of these fruits are

expected to begin about April 1; (2) this

rule relaxes grade requirements for

nectarines and peaches and size

requirements for several nectarine and

peach varieties; (3) California nectarine

and peach handlers are aware of these

revised requirements recommended by

the committees at public meetings, and

they will need no additional time to

comply with such requirements; and (4)

the rule provides a 30-day comment

period, and any written comments

received will be considered prior to any

finalization of this interim final rule.

List of Subjects

7 CFR Part 916

Marketing agreements, Nectarines,

Reporting and recordkeeping

requirements.

7 CFR Part 917

Marketing agreements, Peaches, Pears,

Reporting and recordkeeping

requirements.

For the reasons set forth in the

preamble, 7 CFR parts 916 and 917 are

amended as follows:

1. The authority citation for 7 CFR

parts 916 and 917 continues to read as

follows:

Authority: 7 U.S.C. 601–674.

PART 916—NECTARINES GROWN IN

CALIFORNIA

2. Section 916.350 is amended by

revising paragraph (d) to read as

follows:

§ 916.350 California Nectarine Container

and Pack Regulation.

* * * * *

(d) During the period April 1 through

October 31, 1997, each container or

package when packed with nectarines

meeting CA Utility requirements, shall

bear the words ‘‘CA Utility,’’ along with

all other required container markings, in

letters of 3⁄4 inch minimum height on

the visible display panel. Consumer

bags or packages must also be clearly

marked on the bag or package as ‘‘CA

Utility’’ along with other required

markings.

* * * * *

3. Section 916.356 is amended by

revising paragraphs (a)(1) introductory

text, (a)(1)(iii), (a)(3) introductory text,

(a)(4) introductory text, (a)(5)

introductory text, and (a)(6)

introductory text, and adding a new

Table 1 to paragraph (a)(1)(i) with a note

immediately following it 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

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) * * *

Table 1

TABLE 1

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

TABLE 1—Continued

Column A variety

Column B

maturity

guide

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

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

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

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

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

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

May Lion .................................. J

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Red 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

Springtop ................................. B

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

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

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

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

Summer Blush ......................... J
Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations 15361

TABLE 1—Continued

Column A variety

Column B

maturity

guide

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 above.

(ii) * * *

(iii) 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.

* * * * *

(3) Any package or container of

Mayglo variety nectarines on or after

May 6 of each year, or Earliglo, Early

Diamond, Grand Sun, Johnny’s Delight,

May Jim, or May Kist variety nectarines,

unless:

* * * * *

(4) Any package or container of Arctic

Glo, Arctic Rose, Arctic Star, Early May,

June Brite, Juneglo, Kay Glo, May

Diamond, May Grand, May Lion, Pacific

Star, Prima Diamond II, Prince Jim, Red

Delight, Red Glo, Rose Diamond, Royal

Glo, Sparkling May, Star Brite, or Zee

Grand variety nectarines unless:

* * * * *

(6) Any package or container of Alshir

Red, Alta Red, Arctic Pride, Arctic

Queen, Arctic Sweet, August Glo,

August Lion, August Red, Autumn

Delight, Big Jim, Bob Grand, Diamond

Ray, Early Red Jim, Fairlane, Fantasia,

Firebrite, Flame Glo, Flamekist, Flaming

Red, Flavor Grand, Flavortop, Flavortop

I, Grand Diamond, Honey Kist, How

Red, July Red, Kay Diamond, King Jim,

Kism Grand, Late Red Jim, Mid Glo,

Moon Grand, Niagara Grand, P–R Red,

Prima Diamond IV, Prima Diamond VII,

Prima Diamond VIII, Red Diamond, Red

Fred, Red Free, Red Glen, Red Jim, Rio

Red, Royal Giant, Ruby Diamond, Ruby

Grand, Scarlet Red, September Grand,

September Red, Sparkling June,

Sparkling Red, Spring Bright, Spring

Diamond, Spring Red, Summer Beaut,

Summer Blush, Summer Bright,

Summer Diamond, Summer Fire,

Summer Grand, Summer Lion, Summer

Red, Summer Star, Sunburst, Sun

Diamond, Super Star, White Jewels

(Arctic Snow), Zee Glo, 80P–1135, or

424–195 variety nectarines unless:

* * * * *

PART 917—FRESH PEARS AND

PEACHES GROWN IN CALIFORNIA

4. Section 917.442 is amended by

revising paragraph (d) to read as

follows:

§ 917.442 California Peach Container and

Pack Regulation.

* * * * *

(d) During the period April 1 through

November 23, 1997, each container or

package when packed with peaches

meeting CA Utility requirements, shall

bear the words ‘‘CA Utility,’’ along with

all other required container markings, in

letters of 3/4 inch minimum height on

the visible display panel. Consumer

bags or packages must also be clearly

marked on the bag or package as ‘‘CA

Utility’’ along with other required

markings.

* * * * *

5. Section 917.459 is amended by

revising paragraphs (a)(1) introductory

text, (a)(1)(iii), (a)(5) introductory text,

and (a)(6) introductory text, and adding

a new Table 1 to paragraph (a)(1)(i) with

a note immediately following it 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, 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) * * *

TABLE 1

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

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

Kingcrest ................................. 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
15362 Federal Register / Vol. 62, No. 62 / Tuesday, April 1, 1997 / Rules and Regulations

TABLE 1—Continued

Column A variety

Column B

maturity

guide

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

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

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

maturity guides applicable to the varieties

not listed above.

(ii) * * *

(iii) 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:

(A) 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.

(B) For packages which contain 10

pounds or less, individual packages are

not restricted as to the percentage of

defects.

* * * * *

(5) Any package or container of

Babcock, Crimson Lady, Crown

Princess, David Sun, Early May Crest,

Flavorcrest, Golden Crest, Honey Red,

June Lady, June Sun, Kern Sun,

Kingcrest, Kings Red, May Crest, May

Sun, Merrill Gemfree, Queencrest, Ray

Crest, Redtop, Rich May, Rich Mike,

Snow Brite, Snow Flame, Springcrest,

Spring Lady, Sugar May, Sweet Gem, or

Sweet Scarlet variety of peaches unless:

* * * * *

(6) Any package or container of

Amber Crest, August Lady, August Sun,

Autumn Crest, Autumn Flame, Autumn

Gem, Autumn Lady, Autumn Rose,

Belmont (Fairmont), Berenda Sun,

Blum’s Beauty, Cal Red, Carnival,

Cassie, Champagne, Diamond Princess,

Early Elegant Lady, Early O’Henry,

Elegant Lady, Fairtime, Fancy Lady, Fay

Elberta, Fire Red, Flamecrest, John

Henry, July Sun, June Pride, Kaweah,

Kings Lady, Lacey, Late Ito Red, Mary

Anne, O’Henry, Prima Gattie, Prima

Lady, Red Dancer, Red Sun, Rich Lady,

Royal Lady, Ryan Sun, Scarlet Snow,

September Snow, September Sun, Sierra

Lady, Snow Ball, Snow Diamond, Snow

Giant, Snow King, Sparkle, Sprague Last

Chance, Sugar Giant, Sugar Lady,

Summer Lady, Summer Sweet, Summer

Zee, Suncrest, Tra Zee, Vista, White

Lady, or Zee Lady variety of peaches

unless:

* * * * *

Dated: March 24, 1997.

Eric M. Forman,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 97–8346 Filed 3–28–97; 11:32 am]

BILLING CODE 3410–02–P

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

Executive Office for Immigration

Review

8 CFR Parts 3, 208 and 236

[INS 1788–96; AG Order No. 2071–97]

RIN 1115–AE47

Inspection and Expedited Removal of

Aliens; Detention and Removal of

Aliens; Conduct of Removal

Proceedings; Asylum Procedures;

Correction

AGENCY: Immigration and Naturalization

Service and Executive Office for

Immigration Review.

ACTION: Correction to interim regulation.

SUMMARY: This document contains

corrections to the interim regulation,

published Thursday, March 6, 1997 (62

FR 10312), relating to inspection and

expedited removal of aliens, detention

and removal of aliens, conduct of

removal proceedings, and asylum

procedures.

EFFECTIVE DATE: April 1, 1997.

FOR FURTHER INFORMATION CONTACT:

Margaret M. Philbin (703) 305–0470 (not

a toll free call).

SUPPLEMENTARY INFORMATION:

Background

The interim regulation that is the

subject of these corrections amends the

regulations of the Immigration and

Naturalization Service (INS) and

Executive Office for Immigration

Review (EOIR) to implement the

provisions of the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996 (IIRIRA) governing

expedited and regular removal

proceedings, handling of asylum claims,

and other activities involving the

apprehension, determination, hearing of

claims and ultimately the removal of

inadmissible and deportable aliens. This

rule also incorporates a number of

changes which are part of the

Administration’s reinvention and

regulation streamlining effort.

Need for Correction

As published, the interim regulation

contains errors which may prove to be

misleading and are in need of

clarification.

Correction of Publication

Accordingly, the publication on

March 6, 1997 of the interim regulation

(INS No. 1788–96; AG ORDER No.

2071–97), which was the subject of FR

Doc. 97–5250, is corrected as follows:

§ 3.1 [Corrected]

1. On page 10330 in the third column,

in § 3.1(b)(7), line 4, the words ‘‘and 8

CFR part 240, subpart E’’ are deleted.

§ 3.23 [Corrected]

2a. On page 10333, in the third

column, in § 3.23(b)(4)(ii), lines 1 and 2,

the words ‘‘in asylum proceedings or’’

are deleted and in lines 4 through 6, the

words ‘‘in asylum proceedings pursuant

to § 208.2(b) of this chapter or’’ are

deleted.

2b. On page 10334, in the first

column, in § 3.23(b)(4)(ii), lines 5 and 6,

the words ‘‘pursuant to § 208.2(b) of this

chapter or’’ are deleted.

§ 3.26 [Corrected]

3. On page 10334, in the third

column, in § 3.26(c), paragraph (2), the

words ‘‘or the alien’s counsel of record’’

are added before the period at the end

of the paragraph.

§ 208.2 [Corrected]

4. On page 10337, in the third

column, in § 208.2(b)(2)(i), line 2, the

words ‘‘Except as provided in this

section,’’ are added before the word

‘‘Proceedings’’ and the capital ‘‘P’’ in

‘‘Proceedings’’ is changed to a lower

case ‘‘p.’’