[Federal Register Volume 64, Number 58 (Friday, March 26, 1999)]
[Proposed Rules]
[Pages 14642-14648]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-7474]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 58 / Friday, March 26, 1999 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 944
[Docket No. FV-97-916-1 PR]
Fruits; Import Regulations; Proposed Nectarine Import
Requirements
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
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SUMMARY: This proposed rule would establish minimum quality, size, and
maturity requirements for fresh nectarines offered for importation into
the United States during the months of April through October. The
proposed import requirements would be implemented in accordance with
Section 8e of the Agricultural Marketing Agreement Act of 1937, which
requires that whenever certain specified commodities, including
nectarines, are regulated under a Federal marketing order, imports of
those commodities must meet the same or comparable grade, quality,
size, and maturity requirements as those in effect for the domestically
produced commodity.
DATES: Comments must be received by May 26, 1999.
ADDRESSES: Interested persons are invited to submit written comments
concerning this proposed rule. Comments must be sent to the Docket
Clerk, Fruit and Vegetable Programs, AMS, USDA, P.O. Box 96456, room
2523-S, Washington, DC 20090-6456; FAX # (202) 720-5698; or E-mail:
[email protected]. 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 in the Office of the
Docket Clerk during regular business hours.
FOR FURTHER INFORMATION CONTACT: Anne M. Dec, Marketing Order
Administration Branch, Fruit and Vegetable Programs, AMS, USDA, P.O.
Box 96456, room 2523-S, Washington, DC 20090-6456; telephone: (202)
720-2491; Fax # (202) 720-5698. Small businesses may request
information on complying with this regulation by contacting: Jay
Guerber, Marketing Order Administration Branch, Fruit and Vegetable
Programs, AMS, USDA, P.O. Box 96456, Room 2523-S, Washington, D.C.
20090-6456; telephone: (202) 720-2491, Fax # (202) 720-5698, or E-mail:
Jay__N__G[email protected]. You may also view our web site: http://
www.ams.usda.gov/fv/moab8e.html.
SUPPLEMENTARY INFORMATION: This proposed rule is issued under section
8e of the Agricultural Marketing Agreement Act of 1937, as amended (7
U.S.C. 601-674), hereinafter referred to as the ``Act,'' which provides
that whenever certain specified commodities, including nectarines, are
regulated under a Federal marketing order, imports of these commodities
into the United States are prohibited unless they meet the same or
comparable grade, quality, size, and maturity requirements as those in
effect for the domestically produced commodities.
The Department of Agriculture (Department) is issuing this rule in
conformance with Executive Order 12866.
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This proposed rule is not intended to have
retroactive effect. This proposed rule will not preempt any State or
local laws, regulations, or policies, unless they present an
irreconcilable conflict with this rule.
There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of import regulations
issued under section 8e of the Act.
This proposed rule would establish minimum quality, size, and
maturity requirements for fresh nectarines offered for importation into
the United States from April 1 through October 31 each year. The
proposed import requirements would be implemented in accordance with
section 8e of the Act.
Virtually all U.S. commercial shipments of fresh nectarines are
regulated under Marketing Order No. 916 (order) which covers nectarines
grown in California. The order has been in effect for more than 37
years. Grade, quality, size, and maturity requirements are in effect
under the order for fresh market shipments during the period April 1
through October 31. These requirements are designed to increase
nectarine sales by providing stable marketing conditions and ensuring
that good quality fruit is shipped, thus promoting consumer
satisfaction. The California nectarine season begins April 1 and ends
October 31. The current handling regulation for these nectarines
appears at 7 CFR 916.356. The most recent revisions to that regulation
were published at 63 FR 16032, 63 FR 44363, 63 FR 50461, and 63 FR
60209. Proposed revisions to that regulation were published in the
Federal Register on March 8, 1999, at 64 FR 11346.
There is no other Federal marketing order in effect for nectarines
produced in the United States. Thus, the requirements for imported
nectarines would be based on those in effect for California nectarines.
Most nectarines imported into the United States originate in Chile.
The Chilean fresh nectarine season extends from November through mid-
April, with most active shipments to the United States occurring
between January and March. Fresh nectarine imports from Chile, while
relatively small when compared with total domestic production, fill to
a great extent the gap in supplies during the winter months. Most
Chilean imports enter the United States when there are no domestic
nectarine shipments and no regulations are in effect.
This proposed action would add a new Sec. 944.800 under 7 CFR Part
944--Fruits; Import Regulations to establish minimum quality, size, and
maturity requirements for fresh nectarines imported into the United
States.
This proposed rule would provide that from April 1 through October
31 of each year, fresh nectarines imported into the United States would
be subject to minimum quality, size, and maturity requirements. This is
the same period that such requirements are in effect for fresh
California nectarines under the order. Imports arriving before the
domestic commodity's shipping season begins or after the domestic
commodity's shipping season ends would not be subject to the proposed
import requirements. In recent seasons, nectarines have been imported
beginning in November and ending in mid-April. Most imported nectarines
[[Page 14643]]
would, therefore, not be covered by these proposed requirements.
This rule proposes that nectarines imported into the United States
meet a minimum quality requirement of ``CA Utility,'' which is
established under the order. Under the order, containers of such
quality fruit must be clearly labeled ``CA Utility.'' No such labeling
requirement is being proposed for nectarines imported into the United
States, however, because section 8e of the Act does not authorize
container regulations for imports.
This action also proposes that nectarines imported into the United
States meet minimum size requirements. The minimum size requirement for
each nectarine variety would specify a maximum number of nectarines
permitted in a 16-pound sample. Under the order, minimum size
requirements are specified by variety, and are based on the maximum
number of nectarines permitted in a 16-pound sample of each variety.
The minimum size requirement for an imported nectarine variety would be
the same fruit count per 16-pound sample as that specified for that
variety under the domestic handling regulation for nectarines.
The maximum number of nectarines in a 16-pound sample would range
from a count of 67 to 100, depending on the variety. The nectarines in
the 16-pound sample would have to be representative of the nectarines
in the package or container and, to meet minimum requirements, the
sample could not contain more than the specified number of nectarines
for that variety. For the purposes of simplification, this proposed
rule lists alphabetically, in a table under proposed Sec. 944.800, the
nectarine varieties with their corresponding 16-pound sample counts.
Nectarine varieties not specifically listed in the size table would
also be subject to minimum size requirements, which would vary by time
of year. From April 1 through May 31, the maximum number of such
nectarines in a 16-pound sample would be 90; from June 1 through June
30, the maximum number would be 83; and from July 1 through October 31,
the maximum would be 67 nectarines. This is comparable to the
requirements under the California nectarine order.
Under the order, nectarines must be ``mature'' as defined in the
United States Standards for Grades of Nectarines (7 CFR 51.3145 through
51.3160) (Standards). The Standards define ``mature'' to mean that the
nectarine has reached the stage of growth that will insure a proper
completion of the ripening process. A higher level of maturity, called
``well-matured,'' is also defined in the order. For certain varieties,
the minimum size requirements are based upon the degree of maturity of
the fruit, with smaller nectarines being authorized for shipment if
they meet the higher maturity standard. For example, a 16-pound sample
of the Fantasia variety may not have more than 67 nectarines if the
fruit is mature. However, if the fruit is ``well-matured,'' the sample
may have up to 75 nectarines.
Under the order, maturity guides known as color chips are used to
determine whether certain specified varieties of nectarines meet the
well-matured standard. It would be impractical to use these particular
color chips to determine whether imported nectarines meet the well-
matured requirement, because the color chips were assigned based on the
nectarine growing conditions occurring in California. Chile is the
principle source of nectarines imported into the United States.
Climatic differences between Chile and California make it inappropriate
to use the color chips developed for California nectarines as a measure
of maturity of imported nectarines.
This proposed rule provides for the same minimum size requirements
as those in place for California nectarines. This includes different
minimum size requirements for certain varieties depending on the level
of maturity. While color chips are not included as maturity guides,
there are other criteria used to determine the level of maturity of
California nectarines that are appropriate for use in ascertaining the
maturity of imported nectarines as well.
For example, the characteristics of ``mature'' nectarines are that
they are light green in color and their shoulders are well-rounded and
filled out. Such fruit is normally unyielding to ordinary hand
pressure, and exhibit a slight resistance to a knife cut. These
nectarines have flesh that is somewhat granular in appearance and is
light green to breaking yellow.
Fruit determined to be ``well-matured'' are light greenish yellow
to yellow in color, with well-rounded shoulders that are completely
filled out. ``Well-matured'' nectarines give slightly to ordinary hand
pressure and exhibit little or no resistance to a knife cut. The flesh
shows little or no granulation and is yellow or straw-colored.
This rule also proposes a procedure to be used in determining
whether nectarines meet the minimum size requirements specified for
each size category when applying the 16-pound sample requirement.
Requirements for use of an 8-pound sample are provided under the
marketing order. Under this procedure, a sample consisting of one-half
of the specified number of fruit for a 16-pound sample for a particular
size category would be used, provided such sample weighs at least 8
pounds. The count in the 8-pound sample would be multiplied by 2 to
determine if it meets the 16-pound requirement. When one-half the
specified number of fruit in a sample results in a number ending with
one-half a fruit, the smaller full number of fruit would be used to
determine the sample weight. If a sample failed with respect to minimum
size requirements on the basis of an 8-pound sample, a full 16-pound
sample would be used to determine if the fruit meets the minimum size
requirements.
Importers would be responsible for arranging for the required
inspection and certification of such nectarines prior to importation.
Importation is defined to mean release from custody of the United
States Customs Service. Such inspection services are available on a
fee-for-service basis. This action could, therefore, result in
increased costs associated with importing fresh nectarines. The
additional costs should be offset, however, by the benefits accrued by
ensuring that only acceptable quality fruit is present in the United
States marketplace. Such quality assurance promotes buyer satisfaction
and increased sales.
This proposed rule would provide a limited quantity exemption from
the import requirements specified herein. Individual shipments of 200
pounds or less would be excluded from the proposed quality, size,
maturity, and inspection requirements. Additionally, fresh nectarines
imported for consumption by charitable institutions, distribution by
relief agencies, or commercial processing into products would be exempt
from the proposed import requirements. Similar exemptions are provided
under the order.
To ensure that fresh nectarines imported exempt from the quality,
size, and maturity requirements are used in exempt outlets, this rule
proposes that such nectarines be subject to the safeguard procedures
for imported fruit established in Sec. 944.350.
Under these procedures, an importer wishing to import nectarines
covered herein for exempt uses would complete, in quaduplicate, an
``Importer's Exempt Commodity Form (FV-6).'' The first copy would be
presented to the U.S. Customs Service at the port of entry. The second
copy would be mailed or sent via fax to the Marketing Order
Administration Branch (MOAB) within
[[Page 14644]]
2 days of the entry of the shipment. The third copy would accompany the
exempt lot to the receiver, who would certify that the lot has been
received and it will be used in an exempt outlet. After the
certification is signed by the receiver, the form would be returned to
MOAB by the receiver within 2 days of receipt of the lot. The fourth
copy would be retained by the importer.
The FV-6 form is currently used by importers of many other fruits
and vegetables. The proposed rule could increase the reporting burden
for a small number of importers and receivers of nectarines who would
complete the FV-6 form, taking about 0.166 hour to complete each
report. The additional burden is already accounted for in the
information collection submitted for the FV-6 form. This form has been
previously approved by the Office of Management and Budget (OMB) under
OMB control number 0581-0167. Because of the different domestic (April-
October) and import (November-April) seasons, the impact of the 8e
requirements should be insignificant. Since imports of nectarines end
during April, the impact of this action on importers would be minimal.
FV-6 forms can be obtained from MOAB by calling (202) 720-2491 or
sending a fax to (202) 720-5698. The form would be completed at the
time the commodity enters the United States. Information called for on
the ``Importer's Exempt Commodity Form'' includes:
(1) The commodity and the variety (if known) being imported,
(2) The date and place of inspection if used to enter failing
product or culls as exempt, (include a copy of the inspection
certificate),
(3) Identifying marks or numbers on the containers,
(4) Identifying numbers on the railroad car, truck or other
transportation vehicle transporting product to the receiver,
(5) The name and address of the importer,
(6) The place and date of entry,
(7) The quantity imported (in pounds or kilograms),
(8) The name and address of the intended receiver (e.g., processor,
charity, or other exempt receiver),
(9) The intended use of the exempt commodity,
(10) The U.S. Customs Service entry number and harmonized tariff
code number, and
(11) Such other information as may be necessary to ensure
compliance with this regulation.
Lots that are exempt from the quality, size, and maturity
requirements of the nectarine import regulation would not be subject to
the inspection and certification requirements in such regulation. An
imported lot intended for nonexempt uses, or any portion of such a lot,
which fails established quality, size, and maturity requirements, could
be exported, disposed of in an exempt outlet, or destroyed.
This proposed rule would also amend paragraph (a) of Sec. 944.400
(7 CFR part 944). That paragraph designates the organizations to
perform inspection and certification of imported fresh fruits specified
in section 8e of the Act. That paragraph also specifies procedures to
be followed for obtaining the required inspections. This proposed rule
would designate the Federal or Federal-State Inspection Service and the
Canadian Food Inspection Agency as the organizations authorized to
inspect and certify foreign produced nectarines as meeting import
requirements issued pursuant to section 8e.
Paragraphs (b), (c), and (d) of Sec. 944.400, which specify
additional procedures for obtaining inspection and certification of the
imported fruits listed in that section, would remain unchanged. These
procedures are followed by importers who obtain inspection and
certification of those fresh fruits specified in section 8e that are
offered for importation into the United States.
Pursuant to requirements set forth in the Regulatory Flexibility
Act (RFA), the Agricultural Marketing Service (AMS) has considered the
economic impact of this rule on small entities. Accordingly, AMS has
prepared this initial regulatory flexibility analysis.
The purpose of the RFA is to fit regulatory actions to the scale of
business subject to such actions in order that small businesses will
not be unduly or disproportionately burdened. Marketing orders issued
pursuant to the Act, and rules issued thereunder, are unique in that
they are brought about through group action of essentially small
entities acting on their own behalf. Thus, both statutes have small
entity orientation and compatibility. Import regulations issued under
the Act are based on those established under Federal marketing orders.
Small agricultural service firms, which include importers, have
been defined by the Small Business Administration (13 CFR 121.601) as
those having annual receipts of less than $5,000,000.
There are an estimated 35 importers of nectarines. During the 1996/
97 season, about 2,885,000 packages (18 pounds each) of nectarines were
imported from Chile. Prices ranged from $8.00 to $28.00 per package,
depending on such factors as the time of year and size of the fruit.
Assuming an average quantity of 82,428 packages at a price of $18.00
per package (mid-point in the range), the average nectarine receipts
per importer would be $1,483,704. However, there is a variation in size
among the importers, and many handle other commodities in addition to
nectarines. While it is not possible to determine how many nectarine
importers fall within SBA's definition of a small entity, it is safe to
assume that some of the 35 importers could be classified as such.
Section 8e of the Act provides that when certain domestically
produced commodities, including nectarines, are regulated under a
Federal marketing order, imports of that commodity must meet the same
or comparable grade, quality, size, and maturity requirements.
Under section 8e, this rule would establish quality, size, and
maturity requirements for imported nectarines during the period April 1
through October 31. Imported nectarines would be required to be
inspected and certified as meeting these requirements. However, only a
tiny fraction of the nectarines imported into the United States enter
during the proposed period of regulation. For example, during the 1996-
97 Chilean season, approximately 26,000 tons of nectarines were
imported. Of these, only 27 tons were imported between April and
October. Thus, less than 1 percent of nectarines imported that season
would have been subject to the requirements, including inspection,
proposed herein. This amount, which is slightly less than 1\1/2\
truckloads of nectarines (at 40,000 pounds per truckload), is less than
1 twentieth of 1 percent of the California nectarines which were
regulated during 1997.
Similarly, during the 1995-96 Chilean season, approximately 20,000
tons were imported into the United States, but less than 1 percent
would have been subject to these regulations. During the 1994-95
Chilean season, slightly less than 35,000 tons of nectarines were
imported into the United States, but, again, less than 1 percent would
have been regulated.
Since inspection is available on a fee-for-service basis, this
action could result in increased costs associated with importing fresh
nectarines during the regulated period. Because the amount coming in
during this time is so small, however, the total cost of meeting the
inspection requirement should be negligible.
Inspection fees vary, depending on such factors as the location of
the inspection, the size of the lot to be
[[Page 14645]]
inspected, and whether there are multiple commodities in the lot to be
inspected. It is estimated that the cost of inspecting nectarines at
the Port of Philadelphia in accordance with the provisions of 7 CFR
Part 51 (where the majority of nectarine imports enter the country)
ranges from 1\1/2\ to 3\1/2\ cents per container. In recent seasons,
f.o.b. prices for Chilean nectarines during the month of April (the
time covered by this proposed rule) ranged from $8.00 to $16.00 per
package. Inspection fees would therefore account for less than one half
of 1 percent of the value of the nectarines being imported.
These slight additional costs should be offset by the benefits
accrued by ensuring that only acceptable quality fruit is available in
the United States marketplace during the regulated period, and allowing
the Chilean fruit to equally compete with the California fruit.
This action is intended to ensure that imported nectarines are
subject to the same quality requirements as domestically produced
nectarines, but because it would apply only to the few nectarines that
are presented for importation during the domestic shipping season, it
should have only a minimal effect on the market.
The alternative to this action is to continue to allow nectarines
to be imported during the domestic shipping season without having to
meet similar quality, size, and maturity requirements. This alternative
is not in accordance with the requirements of the Act.
Interested persons are invited to comment on this initial
regulatory flexibility analysis, and submit information on the
regulatory and informational impacts this proposed action would likely
have on small businesses.
The information collection requirements contained in this proposed
rule have been previously approved by the OMB in accordance with the
Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), and have been
assigned OMB number 0581-0167.
In accordance with section 8e of the Act, the United States Trade
Representative has concurred with the issuance of this proposed rule.
A 60-day period is provided to allow interested persons to comment
on this proposal. All written comments received within the comment
period will be considered before a final determination is made on this
matter.
List of Subjects in 7 CFR Part 944
Avocados, Food grades and standards, Grapefruit, Grapes, Imports,
Kiwifruit, Limes, Nectarines, Olives, Oranges.
For the reasons set forth above, 7 CFR Part 944 is proposed to be
amended as follows:
PART 944--FRUITS; IMPORT REGULATIONS
1. The authority citation for 7 CFR Part 944 continues to read as
follows:
Authority: 7 U.S.C. 601-674.
2. Section 944.350 is amended by adding the word ``nectarines''
after the word ``limes'' in the section heading and in paragraphs
(a)(1) and (a)(2).
3. In Sec. 944.400, the section heading and paragraph (a)
introductory text are revised to read as follows:
Sec. 944.400 Designated inspection services and procedure for
obtaining inspection and certification of imported avocados,
grapefruit, kiwifruit, limes, nectarines, oranges, prune variety plums
(fresh prunes), and table grapes regulated under section 8e of the
Agricultural Marketing Agreement Act of 1937, as amended.
(a) The Federal or Federal-State Inspection Service, Fruit and
Vegetable Programs, Agricultural Marketing Service, United States
Department of Agriculture, is hereby designated as the governmental
inspection service for the purpose of certifying the grade, size,
quality, and maturity of avocados, grapefruit, kiwifruit, limes,
nectarines, oranges, prune variety plums (fresh prunes), and table
grapes that are imported into the United States. The Canadian Food
Inspection Agency is also designated as a governmental inspection
service for the purpose of certifying grade, size, quality and maturity
of nectarines and prune variety plums (fresh prunes) only. Inspection
by the Federal or Federal-State Inspection Service or the Canadian Food
Inspection Agency, with appropriate evidence thereof in the form of an
official inspection certificate, issued by the respective services,
applicable to the particular shipment of the specified fruit, is
required on all imports. Inspection and certification by the Federal or
Federal-State Inspection Service will be available upon application in
accordance with the Regulations Governing Inspection, Certification and
Standards for Fresh Fruits, Vegetables, and Other Products (7 CFR Part
51) but, since inspectors are not located in the immediate vicinity of
some of the small ports of entry, such as those in southern California,
importers of avocados, grapefruit, kiwifruit, limes, nectarines,
oranges, prune variety plums (fresh prunes), and table grapes should
make arrangements for inspection through the applicable one of the
following offices, at least the specified number of the days prior to
the time when the fruit will be imported:
* * * * *
4. A new Sec. 944.800 is added to read as follows:
Sec. 944.800 Nectarine import regulation.
(a) Pursuant to section 8e of the Agricultural Marketing Agreement
Act of 1937, as amended [7 U.S.C. 601-674], the importation into the
United States of any nectarines, during the period April 1 through
October 31 of each year, is prohibited unless:
(1) Such nectarines meet at least ``CA Utility'' quality
requirements. The term CA Utility means that not more than 40 percent
of the nectarines in any container meet or exceed the requirements of
the U.S. No. 1 grade, except that when more than 30 percent of the
nectarines in any container meet or exceed the requirements of U.S.
No.1 grade, the additional 10 percent shall have non-scoreable
blemishes as determined when applying the U.S. Standards for Grades of
Nectarines; and that such nectarines are mature and are:
(i) Free from insect injury which has penetrated or damaged the
flesh; split pits which cause an unhealed crack or one or more well
healed cracks which, either singly or in the aggregate, are more than
\3/8\ inch in length; mold, brown rot, and decay which has affected the
edible portion; and
(ii) Free from serious damage due to skin breaks, cuts, growth
cracks, bruises, or other causes. Damage to any nectarine is serious
when it causes a waste of 10 percent or more, by volume, of the
individual nectarine.
(iii) Tolerances. Not more than 10 percent, by count, of the
nectarines in any one container may be below the requirements which are
prescribed by this paragraph, including not more than 5 percent, by
count, for any one defect, except split pits. An additional tolerance
of 10 percent, by count, of the nectarines in any one container or bulk
lot may contain nectarines affected with split pits. This means a total
tolerance of 20 percent is allowed for all defects, including split
pits, but not to exceed 15 percent for split pits alone.
(2) Such nectarines of any variety of nectarines listed in Column A
of Table I of this paragraph are of a size that a 16-pound sample
representative of the size of the nectarines contains not more than the
number of nectarines listed for the variety in Column B or C of said
table: Provided, That the following procedure shall be used in
determining whether nectarines meet the minimum size requirements
specified for each size category in this section applying the 16-
[[Page 14646]]
pound sample. A sample consisting of one-half of the specified number
of fruit for a particular size category shall be used, provided such
sample weighs at least eight pounds. When one-half the specified number
of fruit in a sample results in a number ending with one-half a fruit,
the smaller full number of fruit shall be used to determine the sample
weight. If a sample fails with respect to minimum size requirements on
the basis of an 8-pound sample, a 16-pound sample shall be used to
determine if the fruit meets the minimum size requirements.
Table I
------------------------------------------------------------------------
Column C
Column B Maximum No. of
Maximum No. of nectarines per
Column A Variety nectarines per 16-lb. sample
16-lb. sample if well-
if mature matured
------------------------------------------------------------------------
Alshir Red.............................. 68 75
Alta Red................................ 68 75
April Glo............................... 100 100
Arctic Glo.............................. 83 83
Arctic Pride............................ 68 75
Arctic Queen............................ 68 75
Arctic Rose............................. 83 83
Arctic Snow............................. 68 75
Arctic Star............................. 83 83
Arctic Sweet............................ 68 75
August Glo.............................. 68 75
August Lion............................. 68 75
August Red.............................. 68 75
August Snow............................. 68 75
Autumn Delight.......................... 68 75
Big Jim................................. 68 75
Brite Pearl............................. 68 75
Crystal Rose............................ 68 75
Diamond Brite........................... 83 83
Diamond Ray............................. 68 75
Earliglo................................ 90 90
Early Diamond........................... 90 90
Early May............................... 83 83
Early Red Jim........................... 68 75
Fairlane................................ 68 75
Fantasia................................ 68 75
Firebrite............................... 68 75
Fire Pearl.............................. 68 75
Flame Glo............................... 68 75
Flaming Red............................. 68 75
Flavortop............................... 68 75
Flavortop I............................. 68 75
Grand Diamond........................... 68 75
Grand Pearl............................. 68 75
Grand Sun............................... 90 90
Honey Kist.............................. 68 75
How Red................................. 68 75
Johnny's Delight........................ 90 90
July Red................................ 68 75
Juneglo................................. 83 83
June Pearl.............................. 83 83
Kay Diamond............................. 68 75
Kay Glo................................. 83 83
King Jim................................ 68 75
Late Red Jim............................ 68 75
May Diamond............................. 83 83
May Grand............................... 83 83
May Jim................................. 90 90
May Kist................................ 90 90
May Lion................................ 83 83
Mayfire................................. 100 100
Mayglo (before May 6)................... 100 100
Mayglo (after May 5).................... 90 90
Mid Glo................................. 68 75
Niagara Grand........................... 68 75
P-R Red................................. 68 75
Prima Diamond IV........................ 83 83
Prima Diamond IX........................ 68 75
Prima Diamond XIII...................... 83 83
Prima Diamond XVI....................... 68 75
Prima Diamond XIX....................... 68 75
[[Page 14647]]
Prima Diamond XXIV...................... 68 75
Prince Jim.............................. 83 83
Red Delight............................. 83 83
Red Diamond............................. 68 75
Red Glen................................ 68 75
Red Glo................................. 83 83
Red Jim................................. 68 75
Red May................................. 78 78
Rio Red................................. 68 75
Rose Diamond............................ 83 83
Royal Giant............................. 68 75
Royal Glo............................... 83 83
Ruby Diamond............................ 68 75
Ruby Pearl.............................. 68 75
Scarlet Red............................. 68 75
September Red........................... 68 75
Sparkling June.......................... 68 75
Sparkling May........................... 83 83
Sparkling Red........................... 68 75
Spring Bright........................... 68 75
Spring Diamond.......................... 68 75
Spring Red.............................. 68 75
Star Brite.............................. 83 83
Summer Beaut............................ 68 75
Summer Blush............................ 68 75
Summer Bright........................... 68 75
Summer Diamond.......................... 68 75
Summer Fire............................. 68 75
Summer Grand............................ 68 75
Summer Lion............................. 68 75
Summer Red.............................. 68 75
Sun Diamond............................. 68 75
Sunburst................................ 68 75
Sunny Red............................... 68 75
Super Star.............................. 68 75
Terra White............................. 68 75
White Jewel............................. 68 75
Zee Glo................................. 68 75
Zee Grand............................... 83 83
491-48.................................. 68 75
------------------------------------------------------------------------
(3) Such nectarines of any variety not specifically listed in Table
I of paragraph (a)(2) of this section are of a size that a 16-pound
sample, using the procedure in paragraph (a)(2) of this section,
contains: During the period April 1 through May 31, not more than 90
nectarines; during the period June 1 through June 30, not more than 83
nectarines; and during the period July 1 through October 31, not more
than 67 nectarines or, if the nectarines are ``well-matured'', not more
than 75 nectarines.
(b) The importation of any individual shipment which, in the
aggregate, does not exceed 200 pounds net weight, is exempt from the
requirements specified in this section.
(c) The quality, size, and maturity requirements of this section
shall not be applicable to nectarines imported for consumption by
charitable institutions, distribution by relief agencies, or commercial
processing into products, but such nectarines shall be subject to the
safeguard provisions in Sec. 944.350.
(d) The term nectarines means all varieties of Prunus Amygdalus
Nectarina, commonly called nectarines.
(e) The term importation means release from custody of the United
States Customs Service.
(f) The terms U.S. No. 1 and mature mean the same as defined in the
United States Standards for Grades of Nectarines (7 CFR 51.3145 to
51.3160). Well-Matured means a condition distinctly more advanced than
mature.
(g) Inspection and certification service is required for imports
and will be available in accordance with the regulation designating
inspection services and procedures for obtaining inspection and
certification (7 CFR Part 944.400).
(h) Any lot or portion thereof which fails to meet the import
requirements prior to or after reconditioning, and is not being
imported for purposes of consumption by charitable institutions,
distribution by relief agencies, or commercial processing into
products, may be exported, disposed of in an exempt outlet, or
destroyed.
(i) As specified in this section, it is determined that fresh
nectarines imported into the United States shall meet the same or
comparable minimum quality, size, and maturity requirements as those
established for fresh nectarines grown in California under Marketing
Order No. 916 (7 CFR Part 916).
[[Page 14648]]
Dated: March 22, 1999.
Robert C. Keeney,
Deputy Administrator, Fruit and Vegetable Programs.
[FR Doc. 99-7474 Filed 3-25-99; 8:45 am]
BILLING CODE 3410-02-P