National Organic Program (NOP), Final Judgment and Order in the Case Harvey v. Johanns, 38090-38091 [05-12969]
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38090
Notices
Federal Register
Vol. 70, No. 126
Friday, July 1, 2005
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Submission for OMB Review;
Comment Request
June 27, 2005.
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995, Pub.
L. 104–13. Comments regarding (a)
Whether the collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of burden including
the validity of the methodology and
assumptions used; (c) ways to enhance
the quality, utility and clarity of the
information to be collected; (d) ways to
minimize the burden of the collection of
information on those who are to
respond, including through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology should be
addressed to: Desk Officer for
Agriculture, Office of Information and
Regulatory Affairs, Office of
Management and Budget (OMB),
OIRA_Submission@OMB.EOP.GOV or
fax (202) 395–5806 and to Departmental
Clearance Office, USDA, OCIO, Mail
Stop 7602, Washington, DC 20250–
7602. Comments regarding these
information collections are best assured
of having their full effect if received
within 30 days of this notification.
Copies of the submission(s) may be
obtained by calling (202) 720–8681.
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
persons are not required to respond to
the collection of information unless it
VerDate jul<14>2003
18:11 Jun 30, 2005
Jkt 205001
displays a currently valid OMB control
number.
Farm Service Agency
Title: Offer Forms.
OMB Control Number: 0560–0177.
Summary of Collection: The
Agricultural Trade Development and
Assistance Act of 1954, as amended,
(Title II, Pub. L. 480), Section 416(b) of
the Agricultural Act of 1949, as
amended (Section 416(b)), and the Food
for Progress Act of 1985, as amended
(for Food for Progress) authorizes CCC’s
Export Operations Division to procure,
sell, and transport agricultural
commodities, and obtain discharge/
delivery survey information.
Contractors, vendors, and steamship
companies submit competitive offers for
agricultural commodities and services.
The Farm Service Agency (FSA) will
collect information using several forms.
Need and Use of the Information: The
information collected will enable
Kansas City Commodity Office (KCCO)
to evaluate offers impartially, purchase
or sell commodities, and obtain services
to meet domestic and export program
needs. Without the information KCCO
could not meet program requirements.
Description of Respondents: Business
or other for-profit; Not-for-profit
institutions; Federal Government; State,
local or tribal government.
Number of Respondents: 2,095.
Frequency of Responses:
Recordkeeping; reporting: On occasion;
quarterly; weekly; semi-annually;
monthly; annually; other (bi-weekly &
bi-monthly).
Total Burden Hours: 6,388.
Charlene Parker,
Departmental Information Collection
Clearance Officer.
[FR Doc. 05–13001 Filed 6–30–05; 8:45 am]
BILLING CODE 3410–05–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[TM–05–08]
National Organic Program (NOP), Final
Judgment and Order in the Case
Harvey v. Johanns
Agricultural Marketing Service,
USDA.
ACTION: Notice.
AGENCY:
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
SUMMARY: The U.S. Department of
Agriculture’s (USDA) Agricultural
Marketing Service is publishing this
notice pursuant to a June 9, 2005,
consent final judgment and order issued
by the United States District Court,
District of Maine, in the case Harvey v.
Johanns. The court issued a declaratory
judgment that 7 CFR 205.606 shall be
interpreted to permit the use of a
nonorganically produced agricultural
product only when the product has been
listed in section 205.606 pursuant to
National List procedures, and when an
accredited certifying agent has
determined that the organic form of the
agricultural product is not commercially
available. The court’s order limits an
accredited certifying agent’s
commercially available determinations
for nonorganic agricultural products
used in or on processed organic
products to the 5 substances contained
in 7 CFR 205.606. The products are
native cornstarch, water extracted gums,
kelp when used as a thickener and
dietary supplement, unbleached
lecithin, and high methoxy pectin.
FOR FURTHER INFORMATION CONTACT:
Keith Jones, Director, Program
Development, National Organic
Program, 1400 Independence Ave., SW.,
Room 4008–S, Ag Stop 0268,
Washington, DC 20250–0268;
Telephone: (202) 720–3252; Fax: (202)
205–7808; e-mail: keith.jones@usda.gov.
SUPPLEMENTARY INFORMATION: This
notice is issued under the authority of
the Organic Foods Production Act of
1990 (OFPA) as amended (7 U.S.C. 6501
et seq.). In October 2003, Arthur Harvey,
a certified organic blueberry grower,
filed a complaint under the
Administrative Procedures Act in the
United States District Court, District of
Maine. Harvey alleged that several
subsections of the NOP regulations
violated OFPA, were arbitrary and were
not in accordance with law.
The USDA prevailed on all counts of
Harvey’s suit in a decision issued by the
district court on January 7, 2004. On
March 8, 2004, Harvey appealed the
district court’s decision to the United
States Court of Appeals for the First
Circuit. On January 26, 2005, the First
Circuit issued a decision in the case.
The First Circuit court upheld the NOP
rule in general, but remanded the case
to the U.S. District Court, District of
Maine, for, among other things, the
entry of a declaratory judgment that 7
E:\FR\FM\01JYN1.SGM
01JYN1
Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Notices
CFR 205.606 does not establish a
blanket exemption to the National List
requirements for nonorganic agricultural
products that are not commercially
available. On June 9, 2005, the district
court issued its final judgment and
order in the case. A copy of the final
judgment and order may be found at
https://www.ams.usda.gov/nop.
The First Circuit’s decision
recognized that some producers,
handlers and certifiers may have
misinterpreted 7 CFR 205.606 to mean
that any nonorganic agricultural product
which was determined by an accredited
certifying agent to be not commercially
available in organic form could be used
in organic products, without being
individually listed pursuant to the
National List procedures. The court held
that such an interpretation is contrary to
the plain meaning of OFPA. However,
because of the potential for confusion,
and to enable an orderly transition to
compliance with the regulation, the
district court’s order regarding the
meaning of 7 CFR 205.606 shall become
effective and enforceable two years
(June 9, 2007) from the date of its
judgment and order.
Dated: June 27, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–12969 Filed 6–30–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket Number FV–04–304]
United States Standards for Grades of
Mangos
Agricultural Marketing Service,
USDA.
ACTION: Reopening and extension of the
comment period.
should make reference to the dates and
page number of this issue of the Federal
Register and will be made available for
public inspection in the above office
during regular business hours and on
the Internet.
The draft of the United States
Standards for Grades of Mangos is
available by accessing AMS’s Home
Page on the Internet at: https://
www.ams.usda.gov/fv/
fpbdocketlist.htm.
FOR FURTHER INFORMATION CONTACT:
David L. Priester, at the above address
or call (202) 720–2185; e-mail
David.Priester@usda.gov.
A notice
was published in the Federal Register,
March 11, 2005, (70 FR 12173)
requesting comments on the proposed
United States Standards for Grades of
Mangos. The proposed standards
include: Grades, sizes, tolerances,
application of tolerances, definitions,
and a table of defects. Additionally, the
Agricultural Marketing Service (AMS) is
seeking comments regarding any other
revisions that may be necessary to better
serve the industry. The comment period
ended May 10, 2005.
A comment was received from an
industry association, representing
independent produce wholesale
receivers, expressing the need for
additional time to comment. The
association requested the comment
period be extended to allow the
association an opportunity to meet with
their members to discuss the impact of
the proposed standards.
After reviewing the request, AMS is
reopening and extending the comment
period in order to allow sufficient time
for interested persons, including the
association, to file comments.
SUPPLEMENTARY INFORMATION:
AGENCY:
SUMMARY: Notice is hereby given that
the comment period on the proposed
United States Standards for Mangos is
reopened and extended.
DATES: Comments must be received by
August 30, 2005.
ADDRESSES: Interested persons are
invited to submit written comments to
the Standardization Section, Fresh
Products Branch, Fruit and Vegetable
Programs, Agricultural Marketing
Service, U.S. Department of Agriculture,
1400 Independence Ave., SW., Room
1661, South Building, Stop 0240,
Washington, DC 20250–0240, fax (202)
720–8871, e-mail
FPB.DocketClerk@usda.gov. Comments
VerDate jul<14>2003
18:11 Jun 30, 2005
Jkt 205001
Authority: 7 U.S.C. 1621–1627.
Dated: June 27, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 05–12968 Filed 6–30–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. 05–050–1]
Notice of Request for Extension of
Approval of an Information Collection;
Importation of Pork-Filled Pasta
Animal and Plant Health
Inspection Service, USDA.
AGENCY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
38091
Extension of approval of an
information collection; comment
request.
ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant
Health Inspection Service’s intention to
request an extension of approval of an
information collection in support of the
regulations for the importation of porkfilled pasta products from regions
affected with swine vesicular disease.
DATES: We will consider all comments
that we receive on or before August 30,
2005.
ADDRESSES: You may submit comments
by any of the following methods:
• EDOCKET: Go to https://
www.epa.gov/feddocket to submit or
view public comments, access the index
listing of the contents of the official
public docket, and to access those
documents in the public docket that are
available electronically. Once you have
entered EDOCKET, click on the ‘‘View
Open APHIS Dockets’’ link to locate this
document.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 05–050–1, Regulatory
Analysis and Development, PPD,
APHIS, Station 3C71, 4700 River Road
Unit 118, Riverdale, MD 20737–1238.
Please state that your comment refers to
Docket No. 05–050–1.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room is located in room 1141 of the
USDA South Building, 14th Street and
Independence Avenue SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 690–2817 before
coming.
Other Information: You may view
APHIS documents published in the
Federal Register and related
information on the Internet at https://
www.aphis.usda.gov/ppd/rad/
webrepor.html.
For
information regarding the regulations
for the importation of pork-filled pasta
products, contact Dr. Masoud Malik,
Senior Staff Veterinarian, Technical
Trade Services, National Center for
Import and Export, VS, APHIS, 4700
River Road Unit 40, Riverdale, MD
20737–1231; (301) 734–8096. For copies
of more detailed information on the
information collection, contact Mrs.
Celeste Sickles, APHIS’ Information
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\01JYN1.SGM
01JYN1
]]>Agencies
[Federal Register Volume 70, Number 126 (Friday, July 1, 2005)]
[Notices]
[Pages 38090-38091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12969]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[TM-05-08]
National Organic Program (NOP), Final Judgment and Order in the
Case Harvey v. Johanns
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture's (USDA) Agricultural
Marketing Service is publishing this notice pursuant to a June 9, 2005,
consent final judgment and order issued by the United States District
Court, District of Maine, in the case Harvey v. Johanns. The court
issued a declaratory judgment that 7 CFR 205.606 shall be interpreted
to permit the use of a nonorganically produced agricultural product
only when the product has been listed in section 205.606 pursuant to
National List procedures, and when an accredited certifying agent has
determined that the organic form of the agricultural product is not
commercially available. The court's order limits an accredited
certifying agent's commercially available determinations for nonorganic
agricultural products used in or on processed organic products to the 5
substances contained in 7 CFR 205.606. The products are native
cornstarch, water extracted gums, kelp when used as a thickener and
dietary supplement, unbleached lecithin, and high methoxy pectin.
FOR FURTHER INFORMATION CONTACT: Keith Jones, Director, Program
Development, National Organic Program, 1400 Independence Ave., SW.,
Room 4008-S, Ag Stop 0268, Washington, DC 20250-0268; Telephone: (202)
720-3252; Fax: (202) 205-7808; e-mail: keith.jones@usda.gov.
SUPPLEMENTARY INFORMATION: This notice is issued under the authority of
the Organic Foods Production Act of 1990 (OFPA) as amended (7 U.S.C.
6501 et seq.). In October 2003, Arthur Harvey, a certified organic
blueberry grower, filed a complaint under the Administrative Procedures
Act in the United States District Court, District of Maine. Harvey
alleged that several subsections of the NOP regulations violated OFPA,
were arbitrary and were not in accordance with law.
The USDA prevailed on all counts of Harvey's suit in a decision
issued by the district court on January 7, 2004. On March 8, 2004,
Harvey appealed the district court's decision to the United States
Court of Appeals for the First Circuit. On January 26, 2005, the First
Circuit issued a decision in the case. The First Circuit court upheld
the NOP rule in general, but remanded the case to the U.S. District
Court, District of Maine, for, among other things, the entry of a
declaratory judgment that 7
[[Page 38091]]
CFR 205.606 does not establish a blanket exemption to the National List
requirements for nonorganic agricultural products that are not
commercially available. On June 9, 2005, the district court issued its
final judgment and order in the case. A copy of the final judgment and
order may be found at https://www.ams.usda.gov/nop.
The First Circuit's decision recognized that some producers,
handlers and certifiers may have misinterpreted 7 CFR 205.606 to mean
that any nonorganic agricultural product which was determined by an
accredited certifying agent to be not commercially available in organic
form could be used in organic products, without being individually
listed pursuant to the National List procedures. The court held that
such an interpretation is contrary to the plain meaning of OFPA.
However, because of the potential for confusion, and to enable an
orderly transition to compliance with the regulation, the district
court's order regarding the meaning of 7 CFR 205.606 shall become
effective and enforceable two years (June 9, 2007) from the date of its
judgment and order.
Dated: June 27, 2005.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 05-12969 Filed 6-30-05; 8:45 am]
BILLING CODE 3410-02-P
