31006 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

container specified in § 911.329 unless

such container is marked with a

Federal-State Inspection Service lot

stamp number showing that the limes

have been inspected in accordance with

regulations issued under § 911.48 of the

marketing order: Provided, That when

inspection occurs after palletization,

only all exposed or outside containers of

limes must be plainly marked with the

lot stamp number corresponding to the

lot inspection conducted by an

authorized inspector.

* * * * *

PART 915—AVOCADOS GROWN IN

SOUTH FLORIDA

3. In § 915.306, paragraph (a)(4) is

revised to read as follows:

§ 915.306 Florida avocado grade, pack,

and container marking regulation.

(a) * * *

(4) Such avocados are in containers

marked with a Federal-State Inspection

Service lot stamp number, when

handled in containers authorized under

§ 915.305: Provided, That when

inspection occurs after palletization,

only all exposed or outside containers of

avocados must be plainly marked with

the lot stamp number corresponding to

the lot inspection conducted by an

authorized inspector.

* * * * *

Dated: June 13, 1996.

Sharon Bomer Lauritsen,

Acting Director, Fruit and Vegetable Division.

[FR Doc. 96–15627 Filed 6–18–96; 8:45 am]

BILLING CODE 3410–02–P

7 CFR Parts 916 and 917

[Docket No. FV95–916–4C]

Nectarines and Peaches Grown in

California; Revision of Handling

Requirements for Fresh Nectarines

and Peaches

AGENCY: Agriculutural Marketing

Service, USDA.

ACTION: Interim final rule; correction.

SUMMARY: This document contains a

correction to the interim final rule

published on March 27, 1996,

concerning nectarines and peaches

grown in California.

EFFECTIVE DATE: April 1, 1996.

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, 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.

SUPPLEMENTARY INFORMATION:

Background

This rule revises handling

requirements for California nectarines

and peaches under Marketing Orders

916 and 917 for the 1996 season. This

interim final rule enables handlers to

continue shipping fresh nectarines and

peaches meeting consumer needs in the

interest of producers, handlers, and

consumers of these fruits.

Need for Correction

In the interim final rule, FR Doc. 96–

7438, published March 27, 1996, the

Royal Glo nectarine variety was

inadvertently placed under the incorrect

minimum size requirement and is in

need of correction.

Correction of Publication

Accordingly, in FR Doc. 96–7438,

page 13392, first column, the words

‘‘Royal Glo’’, are removed from

§ 916.356(a)(6) and added to

§ 916.356(a)(4) immediately following

the words ‘‘Rose Diamond.’’

Dated: June 12, 1996.

Robert C. Keeney,

Director, Fruit and Vegetable Division.

[FR Doc. 96–15519 Filed 6–18–96; 8:45 am]

BILLING CODE 3410–02–M

7 CFR Part 946

[FV96–946–1FR]

Irish Potatoes Grown in Washington;

Modification of the Minimum Size

Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: This final rule reduces the

minimum diameter requirement from 2–

1/8 inches to 2 inches for Russet type

varieties of Washington potatoes

shipped during the July 15 through

August 31 period each season. Potato

varieties currently being grown for

shipment during this period are similar

in shape to those grown for marketing

during the balance of the season.

Reducing the minimum diameter

recognizes this similarity and enables

handlers to market a larger portion of

the crop in fresh outlets. This change

should improve the marketing of

Washington potatoes and increase

returns to producers as well as provide

consumers with increased supplies of

potatoes.

EFFECTIVE DATE: July 15, 1996.

FOR FURTHER INFORMATION CONTACT:

Dennis L. West, Northwest Marketing

Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, 1220

SW Third Avenue, room 369, Portland,

Oregon 97204–2807; telephone: (503)

326–2724 or FAX (503) 326–7440; or

Robert F. Matthews, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, P.O.

Box 96456, room 2523–S, Washington,

D.C. 20090–6456; telephone: (202) 690–

0464 or FAX (202) 720–5698.

SUPPLEMENTARY INFORMATION: This final

rule is issued under Marketing

Agreement No. 113 and Marketing

Order No. 946 (7 CFR part 946), both as

amended, regulating the handling of

Irish potatoes grown in Washington,

hereinafter referred to as the ‘‘order.’’

The order is authorized by the

Agricultural Marketing Agreement Act

of 1937, as amended, (7 U.S.C. 601–

674), hereinafter referred to as the

‘‘Act.’’ The State of Washington Potato

Committee (Committee) is the agency

responsible for local administration of

the marketing order program in the

designated production area.

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This final rule has been reviewed

under Executive Order 12778, Civil

Justice Reform. This rule is not intended

to have retroactive effect. This final 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 will 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