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

31387

Vol. 61, No. 120

Thursday, June 20, 1996

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 916 and 917

[Docket No. FV95–916–4–FIR]

Nectarines and Peaches Grown in

California; Revision of Handling

Requirements for Fresh Nectarines

and Peaches

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture is adopting as a final rule,

with appropriate modifications, the

provisions of an interim final rule

which revised the handling

requirements for California nectarines

and peaches by modifying the grade,

size, maturity, container, and pack

requirements for fresh shipments of

these fruits, beginning with 1996 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.

EFFECTIVE DATE: July 22, 1996.

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, P.O. Box 96456, Room

2523–S, Washington, DC 20090–6456;

telephone: (202) 720–2861.

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 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 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.

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. 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 producers 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 service

firms are defined as those whose annual

receipts from all sources are less than

$5,000,000. A majority of these handlers

and producers may be classified as

small entities. In recent years, average

combined sales of peaches and

nectarines per handler have been about

$600,000. Typically, about three-fourths

of peach and nectarine handlers have

sales of less than the average for the

industry.

The Nectarine Administrative

Committee (NAC) and the Peach

Commodity Committee (PCC) met

December 7, 1995, and unanimously

recommended that the handling

requirements for California nectarines

and peaches, respectively, be revised.

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. These 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.

This rule finalizes an interim final

rule that revised the handling

requirements for nectarines in § 916.350

California Nectarine Container and Pack

Regulation (7 CFR 916.350), and in

§ 916.356 California Nectarine Grade

and Size Regulation (7 CFR 916.356); as

well as for peaches in § 917.442

California Peach Container and Pack

Regulation (7 CFR 917.442) and in

§ 917.459 California Peach Grade and

Size Regulation (7 CFR 917.459). The

interim final rule was issued on March

21, 1996, and published in the Federal

Register (61 FR 13386, March 27, 1996).

The interim final rule provided a 30-

day comment period which ended on

April 26, 1996. One comment was

received from Gary W. Van Sickle, Field

Director for the NAC and the PCC

requesting changes in the dimensions

and display panel of the new reusable
31388 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

and recyclable container. He noted that

the size of the box was more accurately

12×193⁄4, rather than 12×20. He also

stated that with regard to some styles of

the new reusable and recyclable

container, the lid was not the only

display panel upon which a label could

be affixed. Therefore, he suggested that

either the lid or the outside end would

be appropriate for the new containers.

Mr. Van Sickle also requested a

correction in the size requirement for

Nectarine 23, a nectarine variety

recommended to be removed from the

variety-specific size requirements and

placed in the blanket size requirements.

Mr. Van Sickle noted that since the

December 7, 1995, meeting of the NAC,

additional information had been

received which indicated that the

Nectarine 23 variety should remain in

the variety-specific requirements. The

NAC, as well as the PCC, has a policy

of recommending the deletion of

varieties from the variety-specific

requirements when shipments of the

variety fall below 5,000 packages. After

receipt of all information, it was

determined that the shipments of the

Nectarine 23 variety for the 1995 season

totaled 24,104 packages, well above the

5,000 package threshold. For that

reason, the Nectarine 23 variety should

remain in the variety-specific size

requirements for the 1996 season.

The Department finds that Mr. Van

Sickle’s suggestions are well founded

and are incorporated within this rule.

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

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

size designation for the weight-count

standards in Column B of Table 1 for

early-season and mid-season nectarine

varieties and one size designation for

the weight-count standards in Column B

of Table 2. Continuing research

conducted by the NAC indicate that

early-season and mid-season fruit

weighs less than late-season fruit and

the weight-count standards were,

therefore, modified for the past two

seasons based on that consideration.

Results from the 1995 season suggest

that a minor modification of Table 1 and

Table 2 is necessary to provide more

accurate weight-count standards for

early-season and mid-season nectarines,

and late-season nectarines.

The NAC recommended these revised

weight-count standards for nectarines

after a comprehensive review of the

appropriate relationships between the

tray-pack containers and loose-filled or

tight-filled containers for early-season

and mid-season nectarine varieties, as

well as late-season varieties.

Specifically, the NAC’s

recommendation provides that the

maximum number of nectarines of size

50 in a 16-pound sample of early-season

and mid-season fruit is more

appropriately 39 rather than 38. Also

the maximum number of nectarines of

size 50 in a 16-pound sample of lateseason fruit is more appropriately 37

rather than 36.

Pack regulations provide for uniform

packing practices. In particular, weightcount standards provide for equality

between fruit packed in loose-filled or

tight-filled containers and fruit packed

in tray-pack styles.

According to the NAC, packers

occasionally moved fruit from tray-pack

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

to an awareness 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 pack size. In

some instances, these samples required

an additional piece 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.

Revised and refined weight-count

standards should provide for more

accurate marking of sizes when packed

in loose-filled or tight-filled pack styles

compared to equivalent sizes that are

tray packed. These regulations provide

for uniformly packed containers of

nectarines. These regulations also

attempt to assure equivalent returns for

growers based on style of pack used.

This rule also further clarifies the

definition of ‘‘tree ripe’’ added to

§ 916.350 paragraph (b) for the 1995

season. According to the NAC, ‘‘tree

ripe’’ is an optional marking with regard

to maturity that is stamped on

containers of nectarines. Currently, the

definition of tree ripe is based on the

California Well Matured maturity

requirement and is intended to be used

for fruit which has been allowed to

ripen naturally by remaining longer on

the tree. California Well Matured means

that fruit has been picked at a maturity

level distinctly more advanced than

‘‘mature.’’ The definition of ‘‘tree ripe’’

was added in 1995 so that its meaning

was consistent with other descriptive

markings and provided a consistent

minimum maturity level throughout the

industry to the benefit of consumers.

However, during the 1995 season, some

handlers marked their boxes of fruit as

‘‘tree ripened.’’ It has been

recommended by the NAC that the

terms ‘‘tree ripe’’, and ‘‘tree ripened’’,

and other terms which denote an

advanced level of maturity due to the

fruit remaining on the tree for a longer

period, are interchangeable terms

indicative of the enhanced maturity of

the fruit inside the box. Requiring

containers of nectarines to be at a

minimum California Well Matured in

order to be marked ‘‘tree ripe’’ or ‘‘tree

ripened’’, or other interchangeable terms

such as ‘‘ripened on the tree’’, or

‘‘ripened on tree’’ will clarify the

current regulation by specifying when

the ‘‘tree ripe’’ or some similar marking

using the words ‘‘tree’’ and ‘‘ripe’’, can

be used and help to ensure that buyer

expectations are met.

The NAC also recommended that a

new container, that also allows for

markings on the lid of the container, be

approved for nectarine shipments for

the 1996 season only. The NAC will

review the impact of the use of this

container with shippers prior to the

1997 season.

The marketing order, under § 916.350,

requires that all containers be marked

with specific information (e.g. handler,

grade, size, and variety) and that all

such markings on nectarine containers

have to be applied to the outside end of

the container. This has been defined as

any of the four sides of the container,

but not on the lid. Currently, there is

interest by handlers in containers that

are reusable thus creating financial

savings for handlers. There is now a

reusable and recyclable container, a

single layer, plastic, 12×19 3⁄4 inch box,

that is available for use with nectarines.

However, the design of some styles of

the container, which has cooling slots in

all of its sides, is such that the markings

cannot easily be placed on the outside

end of the container.

The NAC believes that allowing for

markings to be placed on the container

lid or on the outside end of the

container will facilitate the use of all

styles of this plastic, reusable and

recyclable container in compliance with

marketing order requirements.

Authorizing the use of this new

container will allow handlers to reduce

their container costs through the

continued reuse of the container.
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31389

Maturity Requirements (Nectarines)

Section 916.356 specifies maturity

requirements for fresh nectarines in

paragraphs (a)(1) and (a)(1)(i), including

Table 1. For fruit being inspected and

certified as meeting the maturity

requirements for ‘‘well matured’’,

determinations are generally in terms of

maturity guides (e.g., color chips)

specified in Table 1.

This rule revises paragraph (a)(1) by

exempting certain nectarine varieties

from the requirement that a blush or red

color be present on the skin of the

nectarines. By their nature, some newer

yellow nectarine varieties fail to attain

any color other than yellow on the skin

of the fruit. The U. S. Standards for

Grades of Nectarines requires that a

blush or red color be present on the skin

of the fruit in order for the fruit to be

considered as U. S. No. 1 grade.

This rule also revises Table 1 of

paragraph (a)(1)(I) of § 916.356 for

nectarines to add the maturity guides for

four nectarine varieties. Specifically, an

addition to the maturity guides was

recommended for Grand Diamond, King

Jim, and Spring Brite at a maturity guide

of L, and Rose Diamond at a maturity

guide of J.

The NAC recommended these

maturity requirement changes for these

nectarine varieties based on a

continuing review by the Shipping

Point Inspection Service of their

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 six

nectarine varieties that were produced

in commercially significant quantities of

more than 10,000 packages for the first

time during the 1995 season. This rule

also modifies the variety-specific size

requirements for two varieties of

nectarines by reassigning those

varieties.

Size regulations are put in place to

improve fruit quality by allowing 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. 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)(3) is revised to include

the Johnny’s Delight and May Jim

varieties; paragraph (a)(4) is revised to

include the Arctic Rose variety; and

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

to include the Flame Glo, Prima

Diamond III, Prima Diamond IV, Prima

Diamond VIII, and the White Jewels

nectarine varieties.

This rule also revises § 916.356 to

remove eleven 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 1995

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

is revised to remove the Royal Delight

nectarine variety. Paragraph (a)(4) is

revised to remove the Sunfre variety,

and paragraph (a)(4) is also revised to

delete the May Jim variety. This variety

was placed in this paragraph prior to the

1995 season. The variety matures to a

smaller-than-average size when

compared to other varieties in this

paragraph. Based upon its sizing

characteristics from the 1995 season,

removal of the May Jim variety from this

paragraph was recommended. Paragraph

(a)(6) is revised to remove the Del Rio

Rey, Independence, La Pinta, Late Le

Grand, Royal Red, Son Red, Sun Grand,

and 181–119 (Sierra Star) nectarine

varieties. Paragraph (a)(6) is also revised

to remove the Arctic Rose variety. This

variety was placed in this paragraph

prior to the 1995 season. The variety

matures to a smaller-than-average size

when compared to other varieties in this

paragraph. Based upon its sizing

characteristics from the 1995 season,

removal of the Arctic Rose variety from

this paragraph was recommended.

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.

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 one

size designation for the weight-count

standards in Column B of Table 1 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 for

the past two seasons based on that

consideration. Results from the 1995

season suggest that a minor

modification of Table 1 is necessary to

provide more accurate weight-count

standards for early-season and midseason peaches.

The PCC recommended the revised

container marking requirement changes

for peaches after a comprehensive

review of the appropriate relationships

between the tray-pack containers and

loose-filled or tight-filled containers for

early-season and mid-season peach

varieties prior to the 1996 season.

Specifically, the PCC’s recommendation

provides that the maximum number of

peaches of size 54 in a 16-pound sample

of early-season and mid-season fruit is

more appropriately 44 rather than 43.

Pack regulations provide for uniform

packing practices. In particular, weightcount standards provide for equality

between fruit packed in loose-filled or

tight-filled containers and fruit packed

in tray-pack styles.

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

peaches for the 16-pound sample for

corresponding loose-filled or tight-filled

pack size. In some instances, these

samples needed an additional piece 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
31390 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

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 of

size when packed in loose-filled or

tight-filled pack styles compared to

equivalent sizes that are tray packed.

These regulations provide for uniformly

packed containers of peaches. These

regulations also attempt to assure

equivalent returns for growers based on

style of pack used.

This rule also further clarifies the

definition of ‘‘tree ripe’’ added to

§ 917.442 paragraph (b) for the 1995

season. According to the PCC, ‘‘tree

ripe’’ is an optional marking with regard

to maturity that is stamped on

containers of peaches. Currently the

definition of tree ripe is based on the

California Well Matured maturity

requirement and is intended to be used

for fruit which has been allowed to

ripen naturally by remaining longer on

the tree. California Well Matured means

that fruit has been picked at a maturity

level distinctly more advanced than

‘‘mature.’’ The definition of ‘‘tree ripe’’

was added in 1995 so that its meaning

was consistent with other descriptive

markings and provided a consistent

minimum maturity level throughout the

industry to the benefit of consumers.

However, during the 1995 season, some

handlers marked their boxes of fruit as

‘‘tree ripened.’’ It has been

recommended by the PCC that the terms

‘‘tree ripe’’ and ‘‘tree ripened’’ and other

terms which denote an advanced level

of maturity due to the fruit remaining on

the tree for a longer period, are

interchangeable terms indicative of the

enhanced maturity of the fruit inside the

box. Requiring containers of peaches to

be at a minimum California Well

Matured in order to be marked ‘‘tree

ripe’’ or ‘‘tree ripened’’, or other

interchangeable terms such as ‘‘ripened

on the tree’’, or ‘‘ripened on tree’’ will

clarify the current regulation by

specifying when the ‘‘tree ripe’’ or some

similar marking using the words ‘‘tree’’

and ‘‘ripe’’ can be used and help to

ensure that buyer expectations are met.

The PCC also recommended that a

new container, that also allows for

markings on the container lid, be

approved for peach shipments for the

1996 season only. The PCC will review

the impact of this container with

shippers prior to the 1997 season.

The marketing order, under § 917.442,

requires that all containers be marked

with specific information (e.g. handler,

grade, size, and variety) and that all

such markings on peach containers have

to be applied to the outside end of the

container. This has been defined as any

of the four sides of the container, but

not on the lid. Currently, there is

interest by handlers in containers that

are reusable thus creating financial

savings for handlers. There is now a

reusable and recyclable container, a

single layer, plastic, 12 × 193⁄4 inch box,

that is available for use with peaches.

However, the design of some styles of

the container, which has cooling slots in

all of its sides, is such that the markings

cannot easily be placed on the outside

end of the container.

The PCC believes that allowing for

markings to be placed on the container

lid or on the outside end of the

container will facilitate the use of all

styles of this plastic, reusable and

recyclable container in compliance with

marketing order requirements.

Authorizing the use of this new

container will allow handlers to reduce

their container costs through the

continued reuse of the container.

Maturity Requirements (Peaches)

Section 917.459 specifies maturity

requirements for fresh peaches in

paragraph (a)(1), including TABLE 1.

For fruit being inspected and certified as

meeting the maturity requirements for

‘‘well matured’’, maturity

determinations are generally in terms of

maturity guides (e.g., color chips)

specified in Table 1. This rule revises

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

§ 917.459 for peaches to change the

maturity guide for the Elegant Lady

peach variety from a maturity guide M

to a maturity guide L. It also adds two

peach varieties for which color chips

had not been established previously.

The Early Delight peach variety has

been recommended to be added with a

maturity guide H and the May Sun

variety has been recommended to be

added with a maturity guide I.

The PCC recommended these

maturity requirement changes for these

peach varieties based on a continuing

review by the Shipping Point Inspection

Service 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 also

revises § 917.459 to establish varietyspecific size requirements for six peach

varieties that were produced in

commercially significant quantities of

more than 10,000 packages for the first

time during the 1995 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. This increased growing time not

only improves maturity, and, therefore,

the quality of the product, but also size

of the fruit. Increased size results in

increases in 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 May Sun peach

variety; and paragraph (a)(6) is revised

to include the July Sun, Kaweah, Snow

Giant, Snow King, and Sugar Giant

peach varieties.

This rule also revises § 917.459 to

remove eleven 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 1995

season. In § 917.459 paragraph (a)(2) of

§ 917.459 is revised to remove the

Flordaprince peach variety; paragraph

(a)(5) is revised to remove the First

Lady, Merrill Gem, Royal May, Sierra

Crest, Summer Crest, and 50–178 peach

varieties; and paragraph (a)(6) is revised

to remove the Angelus, August Delight,

Parade, and Scarlet Lady peach

varieties. 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 removal of the Flordaprince

variety from paragraph (a)(2) results in

there being no varieties regulated within

size 96 for the 1996 season. Since the

variety-specific list is subject to change

from one season to another, the

Department wishes to reserve paragraph

number (a)(2) for future regulation of

peaches at size 96.

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.

In addition, this rule revises

paragraph (a)(6) of § 917.459 by adding

three peach varieties which were

inadvertently removed from this

paragraph, and deleting three varieties

which were left in this paragraph. Those

peach varieties which are being added
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31391

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

the Fancy Lady, Snow Ball, and Sugar

Lady peach varieties. Those peach

varieties which were inadvertently left

in the variety-specific size requirement

at paragraph (a)(6) of § 917.459 and are

being removed include the July Lady,

Red Cal, and Redglobe peach varieties.

The Sugar Giant peach variety should

also be added to the variety-specific size

requirement in paragraph (a)(6) of

§ 917.459. This variety was

recommended to be added by the PCC

in 1996 and was inadvertently left out

of the interim final rule.

Further, this rule revises paragraph

(a)(6) of § 917.459 by changing the name

of the peach variety, Red Boy. The

exclusive handler of this peach variety

changed the name in the 1995 season.

For that reason, the name of the Red Boy

peach variety is changed to Red Dancer.

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. Therefore, 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.

List of Subjects

7 CFR Part 916

Marketing agreements, Nectarines,

Reporting and recordkeeping

requirements.

7 CFR Part 917

Marketing agreements, Peaches, Pears,

Reporting and recordkeeping

requirements.

Accordingly, the interim final rule

amending 7 CFR parts 916 and 917

which was published at 61 FR 13386 on

March 27, 1996, is adopted as a final

rule with the following changes:

PART 916—NECTARINES GROWN IN

CALIFORNIA

1. The authority citation for 7 CFR

Part 916 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 916.350 [Amended]

2. In § 916.350, paragraph (c) is

revised to read as follows:

§ 916.350 California Nectarine Container

and Pack Regulation.

* * * * *

(c) Each container of nectarines in

plastic, 12 × 193⁄4 inch reusable and

recyclable containers shall meet and

bear, on the container lid or on the

outside end, all applicable marking

requirements under the order.

§ 916.356 [Amended]

3. In § 916.356, paragraph (a)(6) is

amended by adding the name

‘‘Nectarine 23’’.

PART 917—FRESH PEARS AND

PEACHES GROWN IN CALIFORNIA

1. The authority citation for 7 CFR

Part 917 continues to read as follows:

Authority: 7 U.S.C. 601–674.

§ 917.442 [Amended]

2. In § 917.442, paragraph (c) is

revised to read as follows:

§ 917.442 California Peach Container and

Pack Regulation.

* * * * *

(c) Each container of peaches in

plastic, 12 × 193⁄4 inch reusable and

recyclable containers shall meet and

bear, on the container lid or on the

outside end, all applicable marking

requirements under the order.

§ 917.459 [Amended]

3. In § 917.459, paragraph (a)(6) is

amended by adding the names ‘‘Fancy

Lady,’’ ‘‘Red Dancer’’, ‘‘Snow Ball’’,

‘‘Sugar Giant’’, and ‘‘Sugar Lady’’, and

removing the names ‘‘July Lady’’, ‘‘Red

Boy’’, ‘‘Red Cal’’, and ‘‘Redglobe’’.

Dated: June 13, 1996.

Sharon Bomer Lauritsen,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 96–15628 Filed 6–19–96; 8:45 am]

BILLING CODE 3410–02–P

Animal and Plant Health Inspection

Service

9 CFR Part 92

[Docket No. 94–132–2]

Screening at Privately Owned Bird

Quarantine Facilities

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are amending the

regulations that apply to privately

owned quarantine facilities for imported

birds to provide for the use of nylon

screening and to clarify the meaning of

‘‘double screened.’’ These amendments

will give facility operators a choice of

screening materials and clarify the

regulations.

EFFECTIVE DATE: July 22, 1996.

FOR FURTHER INFORMATION CONTACT: Dr.

Tracye R. Butler, Staff Veterinarian,

Import/Export Animals, National Center

for Import and Export, VS, APHIS, 4700

River Road Unit 39, Riverdale, MD

20737–1231, (301) 734–5097.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 9 CFR part 92.100

through 92.107, ‘‘Subpart A—Birds’’

(referred to below as ‘‘the regulations’’),

govern the importation of certain birds

to prevent the introduction of

communicable diseases of livestock and

poultry. As a condition of importation,

all imported birds must be quarantined

for a minimum of 30 days upon their

arrival in the United States. Under

§ 92.101(c)(2)(ii), certain personal pet

birds may remain in the owner’s

possession during the 30-day quarantine

if kept separate from other birds. In all

other cases, imported birds must be

quarantined in either a U.S. Department

of Agriculture quarantine facility or in

a privately owned quarantine facility

that meets standards set forth in

§ 92.106(c).

The standards for privately owned

quarantine facilities for imported birds

include installation of screening over all

openings to the outside to prevent the

entry of rodents and insects, which

could transmit disease. The regulations

require that all screening be metal and

that all openings to the outside be

double-screened (see

§ 92.106(c)(2)(ii)(A)).

On March 12, 1996, we published in

the Federal Register (61 FR 9957–9958,

Docket No. 94–132–1) a proposal to

amend the regulations by providing for

the use of nylon screening and by

clarifying the meaning of the term

‘‘double screened.’’