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

14891

Vol. 60, No. 54

Tuesday, March 21, 1995

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV95–916–1–IFR]

Nectarines and Peaches Grown in

California; Revision of Handling

Requirements for Fresh Nectarines

and Peaches

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule revises the handling

requirements for California nectarines

and peaches by modifying the size,

maturity, container, and pack

requirements for fresh shipments of

these fruits, beginning with 1995 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, 1995.

Comments which are received by April

20, 1995 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, P.O. 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:

Kenneth Johnson, Marketing Specialist,

Marketing Order Administration

Branch, Fruit and Vegetable Division,

AMS, USDA, P.O. Box 96456, Room

2523–S, Washington, DC 20090–6456;

telephone: (202) 720–2861; or Terry

Vawter, 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.

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 12778, 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 in

equity to review the Secretary’s ruling

on the petition, provided a bill in equity

is filed not later than 20 days after the

date of the entry of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Administrator of the Agricultural

Marketing Service (AMS) has

considered the economic impact of this

action on small entities. The purpose of

the RFA is to fit regulatory actions to the

scale of business subject to such actions

in order that small businesses will not

be unduly or disproportionately

burdened. Marketing orders issued

pursuant to the Act, and rules issued

thereunder, are unique in that they are

brought about through group action of

essentially small entities acting on their

own behalf. Thus, both statutes have

small entity orientation and

compatibility.

There are about 300 California

nectarine and peach handlers subject to

regulation under the orders covering

nectarines and peaches grown in

California, and about 1,800 producers of

these fruits in California. Small

agricultural service firms have been

defined by the Small Business

Administration [13 CFR 121.601] as

those having annual receipts of less than

$500,000, and small agricultural

producers 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.

The Nectarine Administrative

Committee (NAC) and the Peach

Commodity Committee (PCC) met

December 7, 1994, and recommended

that the handling requirements for

California nectarines and peaches be

revised, respectively. These 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 and Pack Requirements

(Nectarines)

Section 916.350 specifies container

and pack requirements for fresh

nectarine shipments. Paragraph

(a)(4)(iv) of § 916.350 specifies the traypack size designations which must be

marked on loose-filled or tight-filled

containers, depending on the size of the

fruit. The size designations specify the

maximum number of nectarines in a 16-

pound sample for each tray-pack size

designation. This rule revises paragraph
14892 Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations

(a)(4)(iv) of § 916.350 by modifying two

size designations for the weight-count

standards in Column B of TABLE I for

early-season and mid-season nectarine

varieties. This table was added prior to

the 1994 season. Research conducted by

the NAC indicated that early-season and

mid-season fruit weigh less than lateseason fruit and therefore different

weight-count standards were

established for late-season fruit. Results

from further research during the 1994

season suggest that some minor

modifications of TABLE I are necessary

to provide for more accurate weightcount standards for early-season and

mid-season nectarines.

The NAC recommended these revised

weight-count standards for nectarines

after a comprehensive review of the

relationships between the tray-pack

containers and loose-filled or tight-filled

containers for early-season and midseason nectarine varieties. Specifically,

the NAC’s recommendation provides

that the maximum number of nectarines

of size 80 in a 16-pound sample of earlyseason and mid-season fruit is more

appropriately 75 rather than 76. Also,

the maximum number of nectarines of

size 64 in a 16-pound sample of earlyseason and mid-season fruit is more

appropriately 55 rather than 56.

Pack regulations provide for uniform

packing practices. In particular, weightcount standards provide for

comparability between fruit packed in

loose-filled or tight-filled containers and

fruit packed in tray-pack containers.

According to the NAC, packers

occasionally moved fruit from tray-pack

containers to loose-filled or tight-filled

containers. This activity has led to an

awareness, in regard to early-season and

mid-season varieties, that fruit which

was of proper size when tray-packed

exceeded the maximum number of

nectarines for the 16-pound sample for

corresponding loose-filled or tight-filled

containers. In some instances, these

samples would need additional pieces

of fruit to meet the 16-pound weight

requirement, thus causing the pack to be

marked smaller than its equivalent traypack size. When packs are marked with

a smaller size, the container is generally

sold for a lower price. Revised and

refined weight-count standards for

early-season and mid-season varieties

should provide for more accurate

marking of size when packed in loosefilled or tight-filled containers

compared to equivalent sizes that are

tray packed. These regulations provide

for uniformly packed containers of

nectarines.

Currently, under the marketing order

the minimum maturity requirement for

nectarines grown in California is U.S.

Mature, which means that the nectarine

has reached the stage of growth which

will insure a proper completion of the

ripening process. A higher maturity

standard is defined as California ‘‘Well

Matured,’’ which is a condition

distinctly more advanced than mature.

This rule adds a definition of ‘‘tree

ripe’’ to paragraph (b) of section

916.350. According to the NAC, ‘‘tree

ripe’’ is an optional marking without

regard to maturity that is stamped on

containers of nectarines. Currently there

is no definition of ‘‘tree ripe’’. As a

result of inquiries from the industry and

the trade, the NAC recommended

defining ‘‘tree ripe’’ so that it has a

standard meaning. In the past, there has

been no definition of ‘‘tree ripe’’

although fruit boxes marked ‘‘tree ripe’’

had to meet the minimum marketing

order maturity standard of U.S. Mature.

Handlers have been able to stamp any

maturity level, including U.S. Mature,

as ‘‘tree ripe’’ due to a lack of any

definition for this nomenclature. The

NAC stated that in some instances,

handlers have stamped ‘‘tree ripe’’ on

every box of fruit they packed all

season. There is growing concern within

the industry that fruit packed at the

lower level of acceptable maturity do

not represent what is most commonly

perceived as tree ripe. By requiring that

fruit must be at a minimum California

Well Matured maturity standard in

order to be marked ‘‘tree ripe’’ will help

ensure that buyer expectations are met.

Maturity Requirements (Nectarines)

Section 916.356 specifies maturity

requirements for fresh nectarines in

paragraph (a)(1)(i), including TABLE I,

for fruit being inspected and certified as

meeting the maturity requirements for

‘‘well matured’’ fruit. Such maturity

requirements are based on maturity

measurements which are generally

recognized in terms of maturity guides

(e.g., color chips) specified in paragraph

(a)(1)(i) and TABLE I of § 916.356 for

nectarines. This rule revises TABLE I of

paragraph (a)(1)(i) of § 916.356 for

nectarines to change the maturity guide

for one nectarine variety.

Specifically, a change in color

standard was recommended for Alshir

Red from L to J. In a corresponding

action, the tolerance for the Alshir Red

variety that states ‘‘except not less than

an aggregate area of 95% of fruit surface

shall meet the color standard

established for the variety’’ is deleted.

These changes for this nectarine

variety are based on a continuing review

of its individual maturity

characteristics, and the identification of

the appropriate color chip

corresponding to the ‘‘well matured’’

level of maturity for such variety.

Size Requirements (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

fourteen nectarine varieties that were

produced in commercially significant

quantities of more than 10,000 packages

for the first time during the 1994 season.

Size regulations are put in place to

improve fruit quality by allowing fruit

to stay on the tree for a greater length

of time which not only improves

maturity and therefore the quality of the

product but also size and increases the

number of packed boxes of nectarines

per acre. This provides greater

consumer satisfaction, more repeat

purchases and therefore increases

returns to growers. Varieties

recommended for specific size

regulation have been reviewed and

recommendations are based on the

characteristics of the variety to attain

minimum size.

Paragraph (a)(4) is revised to include

the Arctic Glo, May Jim, and Red Glo

varieties; and paragraph (a)(6) of

§ 916.356 is revised to include the

Arctic Queen, How Red, La Pinta, Red

Fred, Royal Glo, Royal Red, Ruby

Diamond, Spring Bright, Summer Blush,

424–195, and Nectarine 23 varieties.

This rule also revises § 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 1994

season. Paragraph (a)(2) of that section

is revised to remove the Aurelio Grand

and Maybelle nectarine varieties;

paragraph (a)(4) is revised to remove the

Grand Stan variety; and paragraph (a)(6)

is revised to remove the Autumn Grand,

Le Grand, and Super Red nectarine

varieties. 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.
Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations 14893

Container and Pack Requirements

(Peaches)

Section 917.442 currently specifies

container and pack requirements for

fresh peach shipments. Paragraph

(a)(4)(iv) of § 917.442 specifies the traypack size designations which must be

marked on loose-filled or tight-filled

containers, depending on the size of the

fruit. The size designations specify the

maximum number of peaches in a 16-

pound sample for each tray pack size

designation. This rule revises paragraph

(a)(4)(iv) of § 917.442 by modifying

three size designations for the weightcount standards in Column B of TABLE

I for early-season and mid-season peach

varieties. Research conducted by the

PCC indicated that early-season and

mid-season fruit weighs less than lateseason fruit and the weight-count

standards were, therefore, modified

based on that consideration. Results

from the 1994 season suggest that some

minor modifications of TABLE I are

necessary to further correct the weightcount differences between early-season

and mid-season peaches, and lateseason peaches.

The PCC recommended the revised

container marking requirement changes

for peaches after a comprehensive

review of the appropriate size packcount relationships between the traypack containers and loose-filled or tightfilled containers for early-season and

mid-season peach varieties prior to the

1995 season. Specifically, the PCC’s

recommendation provides that the

maximum number of peaches of size 84

in a 16-pound sample of early-season

and mid-season fruit is more

appropriately 83 rather than 85. Also,

the maximum number of peaches of size

70 in a 16-pound sample of early-season

and mid-season fruit is more

appropriately 64 rather than 66. The

maximum number of peaches of size 60

in a 16-pound sample of early-season to

mid-season fruit is more appropriately

50 rather than 47.

In making this revision, a conforming

change is required in § 917.459(a)(4)(iii)

which is referenced in TABLE I. Section

917.459(a)(4)(iii) currently provides a

maximum number of 85 peaches in a

16-pound sample of early-season and

mid-season fruit. This revision will

modify the maximum number of

peaches in a 16-pound sample of earlyseason and mid-season fruit to 83 pieces

of fruit from the current 85 pieces of

fruit.

Pack regulations provide for uniform

packing practices. In particular, weightcount standards provide for equality

between packs of loose-filled or tightfilled sizes to fruit sizes packed in traypack styles. Varieties harvested early in

the season and packed in loose-filled or

tight-filled pack styles have had more

difficulty being equal in size to traypack style of packing.

According to the PCC, packers

occasionally moved fruit from tray-pack

styles of pack to loose-filled or tightfilled pack styles. This activity has led

to an awareness, especially in regard to

early-season varieties, that fruit which

was of proper size when tray-packed

exceeded the maximum number of

nectarines for the 16-pound sample for

corresponding loose- or tight-filled pack

size. In some instances, these samples

would need as many as 10 additional

pieces of fruit to meet the 16-pound

weight requirement, thus causing the

pack to be ‘‘marked’’ smaller than its

equivalent tray-pack size. When packs

are ‘‘marked’’ smaller this causes the

container to be sold for a lower price.

During the 1994 season new weightcount assignments for early varieties

were in place. Research continued with

the purpose of possible refinement of

those weight-count assignments.

Revised and refined weight-count

standards for early varieties should

provide for more accurate marking size

when packed in loose-filled or tightfilled pack styles compared to

equivalent sizes that are tray packed.

These regulations provide for uniformly

packed containers of peaches.

Currently, under the marketing order

the minimum maturity requirement for

peaches grown in California is U.S.

Mature, which means that the peach has

reached the stage of growth which will

insure a proper completion of the

ripening process. A higher maturity

standard is defined as California ‘‘Well

Matured,’’ which is a condition

distinctly more advanced than mature.

This rule adds a definition of tree ripe

to section 917.442 paragraph (b).

According to the PCC, tree ripe is an

optional marking without regard to

maturity that is stamped on containers

of peaches. Currently there is no

definition of tree ripe. As a result of

inquiries from the industry and the

trade, the PCC wants to define tree ripe

so that its interpretation is consistent

with other descriptive markings. In the

past there has been no definition of tree

ripe although fruit boxes marked ‘‘tree

ripe’’ had to meet minimum marketing

order standards. Handlers have been

able to stamp any maturity level,

including U.S. Mature, as tree ripe due

to a lack of any definition for this

nomenclature. The PCC states that in

some instances in the past, it is known

that some handlers have stamped tree

ripe on every box of fruit they packed

all season. There is growing concern

among the industry that fruit packed at

the lowest levels of maturity do not

represent what is most commonly

perceived as tree ripe. By requiring fruit

be at a minimum California ‘‘Well

Matured’’ maturity standard in order to

be marked tree ripe will help ensure

that buyer expectations are met.

Maturity Requirements (Peaches)

Section 917.459 specifies maturity

requirements for fresh peaches in

paragraph (a)(1)(i), including TABLE I,

for fruit being inspected and certified as

meeting the maturity requirements for

‘‘well matured’’ fruit. Such maturity

requirements are based on maturity

measurements which are generally

recognized in terms of maturity guides

(e.g., color chips) specified in paragraph

(a)(1)(i) and TABLE I of § 917.459 for

peaches. This rule revises TABLE I of

paragraph (a)(1)(i) of § 917.459 for

peaches to change the maturity guide for

the David Sun, King’s Red, Crimson

Lady and Johnny’s White peach

varieties.

The SPI recommended these changes

for these peach varieties based on a

continuing review of their individual

maturity characteristics, and the

identification of the appropriate color

chip corresponding to the ‘‘well

matured’’ level of maturity for such

varieties.

Size Requirements (Peaches)

Section 917.459 specifies size

requirements for fresh peaches in

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

paragraphs (b) and (c). This rule revises

§ 917.459 to establish variety-specific

size requirements for eight peach

varieties that were produced in

commercially significant quantities of

more than 10,000 packages for the first

time during the 1994 season.

Size regulations are put in place to

improve fruit quality by allowing fruit

to stay on the tree for a greater length

of time which not only improves

maturity and therefore the quality of the

product but also size and increases the

number of packed boxes of peaches per

acre. This provides greater consumer

satisfaction, more repeat purchases and

therefore increases returns to growers.

Varieties recommended for specific size

regulation have been reviewed and

recommendations are based on the

characteristics of the variety to attain

minimum size.

In § 917.459 paragraph (a)(5) is

revised to include the Snow Brite and

Sugar May peach varieties; and

paragraph (a)(6) is revised to include the

August Delight, Autumn Rose, Red Boy,

Royal Lady, September Snow, and

Summer Sweet peach varieties.
14894 Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations

This rule also revises § 917.459 to

remove two peach varieties from the

variety-specific size requirements

specified in that section, because less

than 5,000 packages of each of these

varieties were produced during the 1994

season. In § 917.459 paragraph (a)(4) of

§ 917.459 is revised to remove the

Morning Sun peach variety; and

paragraph (a)(6) is revised to remove the

Golden Lady peach variety. Peach

varieties removed from the varietyspecific list become subject to the nonlisted variety size requirements

specified in paragraphs (b) and (c) of

§ 917.459.

The removal of the Morning Sun

variety from paragraph (a)(4) results in

there being no varieties regulated within

size 84 for the 1995 season. Since the

variety-specific list is subject to change

from one season to another, the

Department wishes to reserve paragraph

number § 916.459(a)(4) for future

regulation of peaches at size 84.

The PCC recommended these changes

in the minimum size requirements

based on a continuing review of the

sizing and maturity relationships for

these peach varieties, and the consumer

acceptance levels for various sizes of

fruit. This rule is designed to establish

minimum size requirements for fresh

peaches consistent with expected crop

and market conditions.

This rule reflects the committees’ and

the Department’s appraisal of the need

to revise the handling requirements for

California nectarines and peaches, as

specified. The Department’s

determination is that this rule will have

a beneficial impact on producers,

handlers, and consumers of California

nectarines and peaches.

This rule establishes handling

requirements for fresh California

nectarines and peaches consistent with

expected crop and market conditions,

and will help ensure that all shipments

of these fruits made each season will

meet acceptable handling requirements

established under each of these orders.

This rule will also help the California

nectarine and peach industries provide

fruit desired by consumers. This rule is

designed to establish and maintain

orderly marketing conditions for these

fruits in the interest of producers,

handlers, and consumers.

Based on the above, the Administrator

of the AMS has determined that this

rule will not have a significant

economic impact on a substantial

number of small entities.

After consideration of all relevant

matters presented, the information and

recommendations submitted by the

committees, and other information, it is

found that the 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) California nectarine and

peach growers 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

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:

PART 916—NECTARINES GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

Parts 916 and 917 continues to read as

follows:

Authority: 7 U.S.C. 601–674.

2. Section 916.350 is amended by

revising TABLE I of paragraph (a)(4)(iv)

and paragraph (b) to read as follows:

§ 916.350 California Nectarine Container

and Pack Regulation.

(a) * * *

(4) * * *

(iv) * * *

TABLE I—WEIGHT-COUNT STANDARDS

FOR NECTARINES PACKED IN LOOSE

OR TIGHT-FILLED CONTAINERS

Column A1 Column B2

108 ............................................ 100

96 .............................................. 90

TABLE I—WEIGHT-COUNT STANDARDS

FOR NECTARINES PACKED IN LOOSE

OR TIGHT-FILLED CONTAINERS—

Continued

Column A1 Column B2

88 .............................................. 83

84 .............................................. 78

80 .............................................. 75

72 .............................................. 67

70 .............................................. 60

64 .............................................. 55

60 .............................................. 49

56 .............................................. 46

54 .............................................. 40

50 .............................................. 38

48 .............................................. 35

42 .............................................. 31

40 .............................................. 30

36 .............................................. 25

34 .............................................. 23

32 .............................................. 22

30 .............................................. 19

1Tray Pack Size Designation.

2 Maximum Number of Nectarines in a 16-

pound Sample Applicable to Varieties Specified in Paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(ii),

(a)(5)(ii), (a)(7)(ii), and (a)(8)(ii) of § 916.356.

* * * * *

(b) As used in this section, standard

pack and fairly uniform in size shall

have the same meanings as set forth in

U.S. Standards for Grades of Nectarines

(§§ 51.3145 to 51.3160) and all other

terms shall have the same meaning as

when used in the amended marketing

agreement and order. No. 12B standard

fruit box measures 23⁄8 to 71⁄8 × 111⁄2 ×

161⁄8 inches, No. 22D standard lug box

measures 27⁄8 to 71⁄8 × 131⁄2 × 161⁄8

inches, No.22E standard lug box

measures 83⁄4 × 131⁄2 × 161⁄8 inches, No.

22G standard lug box measures 73⁄8 to

71⁄2 × 131⁄4 × 157⁄8 inches. All

dimensions are given in depth (inside

dimension) by width by length (outside

dimension). Individual consumer

packages means packages holding 15

pounds or less net weight of nectarines.

‘‘Tree ripe’’ means fruit shipped and

marked as tree ripe must meet minimum

California Well Matured standards.

3. Section 916.356 is amended by

revising paragraphs (a) introductory

text, (a)(1), (a)(1)(i), Table I, (a)(2)

introductory text, (a)(4) introductory

text, and (a)(6) introductory text to read

as follows:

§ 916.356 California Nectarine Grade and

Size Regulation.

(a) During the period beginning April

1 and ending October 31, no handler

shall ship:

(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
Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations 14895

have fairly light colored, fairly smooth

scars which exceed an aggregate area of

a circle 3⁄8 inch in diameter, and

nectarines larger than 2 inches in

diameter shall not have fairly light

colored, fairly smooth scars which

exceed an aggregate area of a circle 1⁄2

inch in diameter: Provided further, That

an additional tolerance of 25 percent

shall be permitted for fruit that is not

well formed but not badly misshapen.

The Federal or Federal-State Inspection

Service shall make final determinations

on maturity through the use of color

guides or such other tests as determined

appropriate by the inspection agency.

(i) The Federal or Federal-State

Inspection Service will use the maturity

guides listed in TABLE I in making

maturity determinations for the

specified varieties when inspecting to

the ‘‘well matured’’ level of maturity.

For these varieties, not less than 90

percent of any lot shall meet the color

guide established for the variety, and an

aggregate area of not less than 90

percent of the fruit surface shall meet

the color guide established for the

variety, except that for the Fairlane,

Tom Grand, and 61–61 varieties of

nectarines, not less than an aggregate

area of 80 percent of the fruit surface

shall meet the color guide established

for the variety. For varieties not listed,

the Federal or Federal-State Inspection

Service will use such tests as it deems

proper. A variance for any variety from

the application of the maturity guides

specified in TABLE I may be granted

during the season to reflect changes in

crop, weather, or other conditions that

would make the specified guides an

inappropriate measure of ‘‘well

matured.’’

TABLE I

Column A variety

Column B

maturity

guide

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

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

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

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

Armking ...................................... B

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

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

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

Autumn Delight ........................... M

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

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

Clinton-Strawberry ...................... H

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

Desert Dawn .............................. G

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

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

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

Early Star ................................... G

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

Fairlane ...................................... M

TABLE I—Continued

Column A variety

Column B

maturity

guide

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

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

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

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

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

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

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

Gee Red ..................................... H

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

Granderli ..................................... J

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

Hi-Red ........................................ J

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

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

June Glo ..................................... H

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

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

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

Larry’s Grand ............................. M

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

Late Tina Red ............................ I

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

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

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

Mayfair ........................................ C

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

May Glo ...................................... H

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

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

Mayred ....................................... B

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

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

Moon Grand ............................... M

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

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

P-R Red ..................................... L

Red Diamond ............................. M

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

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

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

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

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

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

Red Lion ..................................... J

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

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

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

Royal Delight .............................. F

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

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 ........................... M

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

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

Spring Diamond ......................... M

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

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

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

Stan’s Grand .............................. C

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

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

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

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

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

TABLE I—Continued

Column A variety

Column B

maturity

guide

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

Summer Diamond ...................... M

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

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

Summer Lion .............................. M

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

61–61 ......................................... J

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

maturity guides applicable to the varieties not

listed above.

* * * * *

(2) Any package or container of May

Glo variety nectarines through May 5 of

each year; or April Glo, Mayfire, or

Royal Delight variety nectarines, unless:

* * * * *

(4) Any package or container of Early

May, Mike Grand, June Brite, June Glo,

May Grand, May Diamond, May Lion,

Pacific Star, Red Delight, Rose Diamond,

Sparkling May, Star Brite, Sunfire, or

Zee Grand variety nectarines unless:

* * * * *

(6) Any package or container of Alshir

Red, Alta Red, Arctic Queen, Arctic

Rose, August Glo, August Red, Autumn

Delight, Big Jim, Bob Grand, Del Rio

Rey, Early Red Jim, Early Sungrand,

Fairlane, Fantasia, Firebrite, Flamekist,

Flaming Red, Flavor Grand, Flavortop,

Flavortop I, Grand Diamond, How Red,

Independence, July Red, King Jim, Kay

Diamond, Kism Grand, La Pinta, Late Le

Grand, Late Red Jim, Mid Glo, Moon

Grand, Niagara Grand, Prima Diamond,

P-R Red, Red Diamond, Red Fred, Red

Free, Red Glen, Red Jim, Red Lion, Rio

Red, Royal Giant, Royal Glo, Royal Red,

Ruby Diamond, Ruby Grand, Scarlet

Red, September Grand, September Red,

Son 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, Sun Grand,

Super Star, Tasty Gold, Tom Grand, Zee

Glo, 181–119, 80P–1135, 424–195, or

Nectarine 23 variety nectarines unless:

* * * * *
14896 Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations

PART 917—FRESH PEARS AND

PEACHES GROWN IN CALIFORNIA

4. Section 917.442 is amended by

revising TABLE I of paragraph (a)(4)(iv)

and paragraph (b) to read as follows:

§ 917.442 California Peach Container and

Pack Regulation.

(a) * * *

(4) * * *

(iv) * * *

Table I—Weight-Count Standards for

Peaches Packed in Loose or

Tight-Filled Containers

Column A1 Column B2

96 .............................................. 96

88 .............................................. 92

84 .............................................. 83

80 .............................................. 76

72 .............................................. 68

70 .............................................. 64

64 .............................................. 56

60 .............................................. 50

56 .............................................. 46

54 .............................................. 43

50 .............................................. 39

48 .............................................. 35

42 .............................................. 31

40 .............................................. 30

36 .............................................. 27

34 .............................................. 25

32 .............................................. 23

30 .............................................. 21

1Tray Pack Size Designation.

2 Maximum Number of Peaches in a 16-

pound Sample Applicable to Varieties Specified in Paragraphs (a)(2)(ii), (a)(3)(ii), (a)(4)(iii),

(a)(5)(ii), and (b)(3) of § 917.459.

* * * * *

(b) As used in this section, standard

pack shall have the same meaning as set

forth in U.S. Standards for Grades of

Peaches (§§ 51.1210 to 51.1223) and all

other terms shall have the same

meaning as when used in the amended

marketing agreement and order. No. 12B

standard fruit box measures 23⁄8 to

71⁄8×111⁄2×161⁄8 inches, No. 22D

standard lug box measures 27⁄8 to

71⁄8×131⁄2×161⁄8 inches, No.22E standard

lug box measures 83⁄4×131⁄2×161⁄8

inches, No. 22G standard lug box

measures 73⁄8 to 71⁄2×131⁄4×157⁄8 inches.

All dimensions are given in depth

(inside dimension) by width by length

(outside dimension). Individual

consumer packages means packages

holding 15 pounds or less net weight of

nectarines. ‘‘Tree ripe’’ means fruit

shipped and marked as tree ripe must

meet minimum California Well Matured

standards.

5. Section 917.459 is amended by

revising paragraph (a)(2)(ii), adding

Table I, and revising paragraphs (a)(4),

(a)(5) introductory text, and (a)(6)

introductory text to read as follows:

§ 917.459 California Peach Grade and Size

Regulation.

(a) * * *

(2) * * *

(ii) If a grower or handler believes his/

her fruit is meeting the appropriate

maturity level but the fruit has not been

so graded by the inspector, he/she may

appeal the inspection by calling the

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

arrange for an on-site examination of the

fruit.

TABLE I

Column A variety

Column B

maturity

guide

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

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

Armgold ...................................... D

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

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

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

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

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

Bella Rosa .................................. G

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

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

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

Bonjour ....................................... F

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

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

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

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

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

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

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

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

Desertgold .................................. B

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

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

Early Fairtime ............................. I

Early May Crest ......................... H

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

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

Early Top .................................... G

Elberta ........................................ B

Elegant Lady .............................. M

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

Fortyniner ................................... F

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

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

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

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

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

Jody Gaye .................................. F

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

Judy Elberta ............................... C

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

June Crest .................................. G

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

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

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

TABLE I—Continued

Column A variety

Column B

maturity

guide

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

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

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

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

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

Mardigras ................................... G

Mary Ann .................................... G

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

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

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

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

Morning Sun ............................... D

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

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

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

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

Preuss Suncrest ......................... F

Prima Fire ................................... H

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

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

Queen Crest ............................... G

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

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

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

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

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

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

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

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

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

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

Royal April .................................. D

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 ............................. M

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

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

Sun Lady .................................... I

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

Toreador ..................................... I

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

Treasure ..................................... F

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

Windsor ...................................... I

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

50–178 ....................................... G

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

maturity guides applicable to the varieties not

listed above.

* * * * *

(4) (i) Such peaches when packed in

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

standard lug box are of a size that will

pack, in accordance with the

requirements of standard pack, not more

than 84 peaches in the box; or
Federal Register / Vol. 60, No. 54 / Tuesday, March 21, 1995 / Rules and Regulations 14897

(ii) Such peaches when packed in a

No. 12B standard fruit (peach) box are

of a size that will pack, in accordance

with the requirements of a standard

pack, not more than 65 peaches in the

box; or

(iii) Such peaches in any container

when packed other than as specified in

paragraph (a)(4) (i) and (ii) of this

section are of a size that a 16-pound

sample, representative of the peaches in

the package or container, contains not

more than 83 peaches.

(5) Any package or container of

Babcock, Crimson Lady, Crown

Princess, David Sun, Early May Crest,

First Lady, Flavorcrest, Golden Crest,

Honey Red, June Lady, June Sun, Kern

Sun, Kingscrest, Kings Red, May Crest,

Merrill Gem, Merrill Gemfree,

Queencrest, Ray Crest, Redtop, Regina,

Rich May, Royal May, Sierra Crest,

Snow Brite, Snow Flame, Springcrest,

Spring Lady, Sugar May, Summer Crest,

or 50–178 variety of peaches unless:

* * * * *

(6) Any package or container of

Amber Crest, Angelus, August Delight,

August Sun, Autumn Crest, Autumn

Gem, Autumn Lady, Autumn Rose,

Belmont, Berenda Sun, Blum’s Beauty,

Cal Red, Carnival, Cassie, Champagne,

Diamond Princess, Early Elegant Lady,

Early O’Henry, Elegant Lady, Fairmont,

Fairtime, Fay Elberta, Fire Red,

Flamecrest, John Henry, July Lady, June

Pride, Kings Lady, Lacey, Late Ito Red,

Mary Ann, O’Henry, Parade, Prima

Gattie, Prima Lady, Red Boy, Red Cal,

Redglobe, Rich Lady, Royal Lady,

Ryan’s Sun, Scarlet Lady, September

Snow, September Sun, Sierra Lady,

Sparkle, Sprague Last Chance, Summer

Lady, Summer Sweet, Suncrest, Tra Zee,

White Lady, or Zee Lady variety of

peaches unless:

* * * * *

Dated: March 15, 1995.

Sharon Bomer Lauritsen,

Deputy Director, Fruit and Vegetable Division.

[FR Doc. 95–6908 Filed 3–20–95; 8:45 am]

BILLING CODE 3410–02–W

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95–NM–23–AD; Amendment

39–9175; AD 95–06–05]

Airworthiness Directives; Boeing

Model 737–200 and -300 Series

Airplanes Equipped With Cargo Doors

Installed in Accordance With

Supplemental Type Certification (STC)

SA2969SO

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Boeing Model 737–

200 and -300 series airplanes. This

action requires inspections to detect

cracking of the fuselage frames at certain

locations below the lower jamb of the

upper deck main cargo door, and repair,

if necessary. This amendment is

prompted by reports of fatigue cracking

in the fuselage frames at these locations.

The actions specified in this AD are

intended to prevent rapid

decompression of the airplane due to

fatigue cracking in the fuselage frames

of the main deck cargo door.

DATES: Effective April 5, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of April 5,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

May 22, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 95–NM–

23–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Pemco

Aeroplex, Incorporated, P.O. Box 2287,

Birmingham, Alabama 35201–2287.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, Campus

Building, 1701 Columbia Avenue, Suite

2–160, College Park, Georgia; or at the

Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Curtis Jackson, Aerospace Engineer,

Airframe Branch, ACE–120A, FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, Campus

Building, 1701 Columbia Avenue, Suite

2–160, College Park, Georgia 30337–

2748; telephone (404) 305–7348; fax

(404) 305–7348; or Della Swartz,

Aerospace Engineer, Airframe Branch,

ANM–120S, FAA, Transport Airplane

Directorate, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2785; fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: Recently,

two operators reported finding fatigue

cracks in the fuselage frames below the

lower jamb of the main deck cargo door

between stringers 20L and 21L at water

line 180 on Boeing Model 737–300

series airplanes. The cracking was

randomly located in various areas of the

fuselage frames and may have initiated

at frame stations 380, 400, 420, 440, 460,

and/or 480 at the radius of the frame

webs that were modified in accordance

with supplemental type certificate (STC)

SA2969SO.

Such cracking, if not detected and

corrected in a timely manner, could

result in rapid decompression of the

airplane.

Pemco Aeroplex installed main deck

cargo doors on Boeing Model 737–200

and -300 series airplanes in accordance

with STC SA2969SO. Therefore, the

FAA has determined that Boeing Model

737–200 series airplanes are also subject

to the same unsafe condition.

The FAA has reviewed and approved

Pemco Alert Service Letter 737–53–

0004, dated January 10, 1995, which

describes procedures for detailed close

visual inspections to detect cracking of

the fuselage frames below the lower

jamb of the upper deck main cargo door

between stringers 20L and 21L at water

line 180 at frame stations 380, 400, 420,

440, 460, and 480, and repair of any

cracking found.

Since an unsafe condition has been

identified that is likely to exist or

develop on other airplanes of the same

type design, this AD is being issued to

prevent rapid decompression of the

airplane due to cracking of the fuselage

frames below the lower jamb of the

upper deck main cargo door. This AD

requires detailed close visual

inspections to detect cracking of the

fuselage frames below the lower jamb of

the upper deck main cargo door, and

repair, if necessary. The actions are

required to be accomplished in

accordance with the alert service letter

described previously.

This is considered to be interim

action until final action is identified, at

which time the FAA may consider

further rulemaking.