United States Standards for Grades of Sweet Peppers, 60486-60487 [05-20860]
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Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices
comparable regulations on imports of
those commodities must be issued.
Import regulations apply only during
those periods when domestic marketing
order regulations are in effect.
Currently, the following commodities
are subject to Section 8e import
regulations: Avocados, dates (other than
dates for processing), hazelnuts,
grapefruit, table grapes, kiwifruit, olives
(other than Spanish-style olives),
onions, oranges, Irish potatoes, dried
prunes (suspended), fresh prunes,
raisins, tomatoes, and walnuts.
However, imports of these commodities
are exempt from such requirements if
they are imported for such outlets as
processing, charity, animal feed, seed,
and distribution to relief agencies, when
those outlets are exempt under the
applicable marketing order.
Safeguard procedures in the form of
importer and receiver importer
requirements are used to ensure that the
imported commodity is provided to
authorized exempt outlets. The
safeguard procedures are similar to the
reports currently required by most
domestic marketing orders. The import
regulations require importers and
receivers of imported fruit, vegetable
and specialty crops to submit a form as
provided in the following regulations:
(1) Fruits; import regulations (7 CFR
part 944.350); (2) Vegetables; import
regulations (7 CFR part 980.501); and (3)
Specialty crops; import regulations (7
CFR part 999.500).
An importer wishing to import
commodities for exempt purposes must
complete, prior to importation, an
‘‘Importer’s Exempt Commodity Form’’,
FV–6, which is a four-part form. The
first copy is presented to U.S. Customs
and Border Protection, Department of
Homeland Security. The importer files
the second copy is filed with the
Marketing Order Administration Branch
(MOAB) of the Fruit and Vegetable
Programs, AMS, within two days after
the commodity enters the United States.
The third copy of the form accompanies
the exempt shipment to its intended
destination. The receiver certifies that
the commodity has been received and
that it will be utilized for authorized
exempt purposes. The receiver then files
the third copy with MOAB, within two
days after receiving the commodity. The
fourth copy is retained by the importer.
The Department of Agriculture
(Department) utilizes this information to
ensure that imported goods destined for
exempt outlets are given no less
favorable treatment than that afforded to
domestic goods destined for such
exempt outlets. These exemptions are
consistent with Section 8e import
regulations under the Act.
VerDate Aug<31>2005
17:22 Oct 17, 2005
Jkt 208001
The form requires the minimum
amount of information necessary to
effectively carry out the requirements of
the Act, and its use is necessary to fulfill
the intent of the Act, and to administer
Section 8e, compliance activities.
In addition, included in this
extension and revision of a currently
approved information collection is
another form titled, ‘‘Civil Penalty
Stipulation Agreement’’, (FV–7)
(Agreement). The requirement for this
form is a signature and, therefore, there
is no burden on the respondent.
The information collected is used
primarily by authorized representatives
of the Department, including AMS,
Fruit and Vegetable Programs’ regional
and headquarters staff. AMS is the
primary user of the information.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average .17 hours per
response.
Respondents: Importers and receivers
of exempt commodities.
Estimated Number of Respondents:
491.
Estimated Number of Responses per
Respondent: 10.91.
Estimated Total Annual Burden on
Respondents: 907.42 hours.
AMS is committed to compliance
with the Government Paperwork
Elimination Act (GPEA), which requires
Government agencies in general to
provide the public the option of
submitting information or transacting
business electronically to the maximum
extent possible.
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; (2) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information
including the validity of the
methodology and assumptions used; (3)
ways to enhance the quality, utility and
clarity of the information to be
collected; and (4) 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.
Comments should reference OMB No.
0581–0167 and be mailed to Docket
Clerk, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., room 2525–S., Stop 0237,
Washington, DC 20250–0237; Fax: (202)
720–2829, or e-mail:
moab.docketclerk@usda.gov. Comments
should reference the docket number and
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the date and page of this issue of the
Federal Register. All comments
received will be available for public
inspection in the Office of the Docket
Clerk during regular Department
business hours at 1400 Independence
Ave., SW., Washington, DC, room 2525–
S.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a mater of public record.
Dated: October 13, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–20861 Filed 10–17–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket Number FV–04–308]
United States Standards for Grades of
Sweet Peppers
Agricultural Marketing Service,
USDA.
ACTION: Notice.
AGENCY:
SUMMARY: The Agricultural Marketing
Service (AMS) of the Department of
Agriculture (USDA) is revising the
United States Standards for Grades of
Sweet Peppers. The revision will allow
sweet peppers to be marketed as mixed
varieties and/or colors when marked
with more than one variety or color on
the container. The decay tolerance will
be revised to include only those sweet
peppers which are affected by decay on
the wall and/or calyx. Decay affecting
only stems will no longer fall under the
restricted decay tolerance. It will be
scored against the five percent serious
damage tolerance for U.S. Fancy and
U.S. No 1 grades and against the five
percent restrictive tolerance for the U.S.
No. 2 grade. The requirement to
designate peppers which fail to meet the
color requirements of their respective
grades or respective (color specified)
grade will be made optional. The
‘‘Unclassified’’ section will be deleted.
The purpose for this revision is to
update and revise the standards to
accurately represent today’s marketing
practices.
DATES: Effective Date: November 17,
2005.
FOR FURTHER INFORMATION CONTACT:
Cheri Emery, Standardization Section,
Fresh Products Branch, Fruit and
Vegetable Programs, Agricultural
Marketing Service, U.S. Department of
Agriculture, 1400 Independence
E:\FR\FM\18OCN1.SGM
18OCN1
Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices
Avenue, SW., Room 1661 South
Building, STOP 0240, Washington, DC
20250–0240, Fax (202) 720–8871 or call
(202) 720–2185; E-mail
Cheri.Emery@usda.gov. The revised
United States Standards for Grades of
Sweet Peppers will be available either
through the address cited above or by
accessing the Fresh Products Branch
website at https://www.ams.usda.gov/
standards/stanfrfv.htm.
SUPPLEMENTARY INFORMATION: Section
203(c) of the Agricultural Marketing Act
of 1946 (7 U.S.C. 1621–1627), as
amended, directs and authorizes the
Secretary of Agriculture ‘‘To develop
and improve standards of quality,
condition, quantity, grade and
packaging and recommend and
demonstrate such standards in order to
encourage uniformity and consistency
in commercial practices.’’ The
Agricultural Marketing Service (AMS) is
committed to carrying out this authority
in a manner that facilitates the
marketing of agricultural commodities
and makes copies of official standards
available upon request. The United
States Standards for Grades of Fruits
and Vegetables not connected with
Federal Marketing Orders or U.S. Import
Requirements, no longer appear in the
Code of Federal Regulations, but are
maintained by USDA/AMS/Fruit and
Vegetable Programs.
AMS is revising the voluntary U.S.
Standards for Grades of Sweet Peppers
using procedures that appear in Part 36
Title 7 of the Code of Federal
Regulations (7 CFR part 36). These
standards were last revised in 1989.
Background
On June 15, 2004, AMS published a
notice in the Federal Register (69 FR
33345) soliciting comments on the
possible revision to the United States
Standards for Grades of Sweet Peppers.
AMS received three comments in
response to the notice. Two comments
were in favor of revising the decay
tolerance. The decay tolerance will be
revised to include only those sweet
peppers which are affected by decay on
the wall and/or calyx. Decay affecting
only stems will no longer fall under the
restricted two percent decay tolerance,
it will be scored against the five percent
serious damage tolerance for U.S. Fancy
and U.S. No 1 grades and against the
five percent restrictive tolerance for the
U.S. No. 2 grade. The third comment
was not in favor of changing the decay
tolerance. In addition, this commenter
requested changes for sizing and color
issues within the standard.
A second notice was published in the
March 11, 2005, Federal Register (70 FR
12176–7) based on three comments
VerDate Aug<31>2005
17:22 Oct 17, 2005
Jkt 208001
received from the first notice. AMS
received two comments in response to
the second notice. One comment was in
favor of the proposed revision to the
standards changing the scoring of decay
by separating stem decay from decay
affecting the walls and/or calyxes. The
other comment was opposed to those
changes. The comments are available by
accessing AMS’s Home Page on the
Internet at https://www.ams.usda.gov/fv/
fpbdocketlist.htm.
One comment from an industry
association which represents growers,
packers and shippers, is in favor of the
revision to the decay tolerance. The
commenter stated the change will have
a positive impact on the marketing of
sweet peppers.
One comment opposing the revision
to the decay tolerance stated that all
decay has a serious negative impact on
the appearance and marketability of the
product and requested not to change the
decay scoring and reporting. The
commenter also stated that decay
affecting the stems, walls, and calyxes
should be scored against any grade
(requirements and tolerances). AMS has
reviewed stem decay affecting various
commodities and believes the proposed
changes would bring sweet peppers in
line with other grade standards with
respect to stem decay. Decay affecting
the stem only does not affect the edible
portion of the sweet pepper, and does
not affect the marketability to the same
degree as decay affecting the wall and/
or calyx. AMS believes a revision to the
decay tolerance is warranted to best
serve the industry.
Current marketing practices for
specialty packs which include mixed
varieties and/or colors of sweet peppers
would not meet the similar varietal
characteristic requirements for all
grades in the standards. Accordingly,
AMS is revising the similar varietal
requirement to allow mixed varieties
and/or colors of sweet peppers when
containers are marked with more than
one variety and/or color.
AMS will also eliminate the
unclassified category. This section is not
a grade and only serves to show that no
grade has been applied to the lot. This
section will be removed from all fresh
fruit and vegetable standards. It is no
longer considered necessary.
AMS requested comments on industry
terms for size based on 11⁄9 bushel
containers. AMS received a comment in
favor of developing size requirements.
The commenter also requested size
definitions (small, medium, large, extra
large and jumbo) for peppers packed in
11⁄9 bushel containers which are based
on a count per container, as well as
minimum diameters and lengths for
PO 00000
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Fmt 4703
Sfmt 4703
60487
each category. Further, the commenter
requested marking requirements which
would require cartons to be marked by
count and/or size. AMS is not changing
the current size requirements. The
commenter’s study submitted was based
on only twenty-two cartons that
contained five size categories. A greater
number of statistical samples of each
size would need to be submitted for
consideration. Further, AMS believes it
would be impractical to apply such
requirements due to the various varietal
characteristics of sweet peppers
regarding shape and size, and the lack
of a standardized container within the
industry.
The official grade of a lot of sweet
peppers covered by these standards are
determined by the procedures set forth
in the Regulations Governing
Inspection, Certification, and Standards
of Fresh Fruits, Vegetables and Other
Products (Sec. 51.1 to 51.61).
The U.S. Standards for Grades of
Sweet Peppers will become effective 30
days after publication of this notice in
the Federal Register.
Authority: 7 U.S.C. 1621–1627.
Dated: October 13, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. 05–20860 Filed 10–17–05; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Foreign Agricultural Service
Trade Adjustment Assistance for
Farmers
Foreign Agricultural Service,
USDA.
ACTION: Notice.
AGENCY:
The Administrator, Foreign
Agricultural Service (FAS), today
terminated the certification of petitions
for trade adjustment assistance (TAA)
that was filed by salmon producers in
Alaska and Washington. Salmon
producers in these states are no longer
eligible for TAA benefits in fiscal year
2006.
SUPPLEMENTARY INFORMATION: Upon
investigation, the Administrator
determined that the average salmon
prices during the 2004 marketing year
was $0.343/pound, which is 85 percent
of the base 5-year average price. During
that same marketing year, imports
declined by 1.4 percent. Therefore, the
average price for the most recent
marketing year was not less than 80
percent of the average price for the base
period and imports were no longer
E:\FR\FM\18OCN1.SGM
18OCN1
]]>Agencies
[Federal Register Volume 70, Number 200 (Tuesday, October 18, 2005)]
[Notices]
[Pages 60486-60487]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20860]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket Number FV-04-308]
United States Standards for Grades of Sweet Peppers
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) of the Department of
Agriculture (USDA) is revising the United States Standards for Grades
of Sweet Peppers. The revision will allow sweet peppers to be marketed
as mixed varieties and/or colors when marked with more than one variety
or color on the container. The decay tolerance will be revised to
include only those sweet peppers which are affected by decay on the
wall and/or calyx. Decay affecting only stems will no longer fall under
the restricted decay tolerance. It will be scored against the five
percent serious damage tolerance for U.S. Fancy and U.S. No 1 grades
and against the five percent restrictive tolerance for the U.S. No. 2
grade. The requirement to designate peppers which fail to meet the
color requirements of their respective grades or respective (color
specified) grade will be made optional. The ``Unclassified'' section
will be deleted. The purpose for this revision is to update and revise
the standards to accurately represent today's marketing practices.
DATES: Effective Date: November 17, 2005.
FOR FURTHER INFORMATION CONTACT: Cheri Emery, Standardization Section,
Fresh Products Branch, Fruit and Vegetable Programs, Agricultural
Marketing Service, U.S. Department of Agriculture, 1400 Independence
[[Page 60487]]
Avenue, SW., Room 1661 South Building, STOP 0240, Washington, DC 20250-
0240, Fax (202) 720-8871 or call (202) 720-2185; E-mail
Cheri.Emery@usda.gov. The revised United States Standards for Grades of
Sweet Peppers will be available either through the address cited above
or by accessing the Fresh Products Branch website at https://
www.ams.usda.gov/standards/stanfrfv.htm.
SUPPLEMENTARY INFORMATION: Section 203(c) of the Agricultural Marketing
Act of 1946 (7 U.S.C. 1621-1627), as amended, directs and authorizes
the Secretary of Agriculture ``To develop and improve standards of
quality, condition, quantity, grade and packaging and recommend and
demonstrate such standards in order to encourage uniformity and
consistency in commercial practices.'' The Agricultural Marketing
Service (AMS) is committed to carrying out this authority in a manner
that facilitates the marketing of agricultural commodities and makes
copies of official standards available upon request. The United States
Standards for Grades of Fruits and Vegetables not connected with
Federal Marketing Orders or U.S. Import Requirements, no longer appear
in the Code of Federal Regulations, but are maintained by USDA/AMS/
Fruit and Vegetable Programs.
AMS is revising the voluntary U.S. Standards for Grades of Sweet
Peppers using procedures that appear in Part 36 Title 7 of the Code of
Federal Regulations (7 CFR part 36). These standards were last revised
in 1989.
Background
On June 15, 2004, AMS published a notice in the Federal Register
(69 FR 33345) soliciting comments on the possible revision to the
United States Standards for Grades of Sweet Peppers. AMS received three
comments in response to the notice. Two comments were in favor of
revising the decay tolerance. The decay tolerance will be revised to
include only those sweet peppers which are affected by decay on the
wall and/or calyx. Decay affecting only stems will no longer fall under
the restricted two percent decay tolerance, it will be scored against
the five percent serious damage tolerance for U.S. Fancy and U.S. No 1
grades and against the five percent restrictive tolerance for the U.S.
No. 2 grade. The third comment was not in favor of changing the decay
tolerance. In addition, this commenter requested changes for sizing and
color issues within the standard.
A second notice was published in the March 11, 2005, Federal
Register (70 FR 12176-7) based on three comments received from the
first notice. AMS received two comments in response to the second
notice. One comment was in favor of the proposed revision to the
standards changing the scoring of decay by separating stem decay from
decay affecting the walls and/or calyxes. The other comment was opposed
to those changes. The comments are available by accessing AMS's Home
Page on the Internet at https://www.ams.usda.gov/fv/fpbdocketlist.htm.
One comment from an industry association which represents growers,
packers and shippers, is in favor of the revision to the decay
tolerance. The commenter stated the change will have a positive impact
on the marketing of sweet peppers.
One comment opposing the revision to the decay tolerance stated
that all decay has a serious negative impact on the appearance and
marketability of the product and requested not to change the decay
scoring and reporting. The commenter also stated that decay affecting
the stems, walls, and calyxes should be scored against any grade
(requirements and tolerances). AMS has reviewed stem decay affecting
various commodities and believes the proposed changes would bring sweet
peppers in line with other grade standards with respect to stem decay.
Decay affecting the stem only does not affect the edible portion of the
sweet pepper, and does not affect the marketability to the same degree
as decay affecting the wall and/or calyx. AMS believes a revision to
the decay tolerance is warranted to best serve the industry.
Current marketing practices for specialty packs which include mixed
varieties and/or colors of sweet peppers would not meet the similar
varietal characteristic requirements for all grades in the standards.
Accordingly, AMS is revising the similar varietal requirement to allow
mixed varieties and/or colors of sweet peppers when containers are
marked with more than one variety and/or color.
AMS will also eliminate the unclassified category. This section is
not a grade and only serves to show that no grade has been applied to
the lot. This section will be removed from all fresh fruit and
vegetable standards. It is no longer considered necessary.
AMS requested comments on industry terms for size based on 1\1/9\
bushel containers. AMS received a comment in favor of developing size
requirements. The commenter also requested size definitions (small,
medium, large, extra large and jumbo) for peppers packed in 1\1/9\
bushel containers which are based on a count per container, as well as
minimum diameters and lengths for each category. Further, the commenter
requested marking requirements which would require cartons to be marked
by count and/or size. AMS is not changing the current size
requirements. The commenter's study submitted was based on only twenty-
two cartons that contained five size categories. A greater number of
statistical samples of each size would need to be submitted for
consideration. Further, AMS believes it would be impractical to apply
such requirements due to the various varietal characteristics of sweet
peppers regarding shape and size, and the lack of a standardized
container within the industry.
The official grade of a lot of sweet peppers covered by these
standards are determined by the procedures set forth in the Regulations
Governing Inspection, Certification, and Standards of Fresh Fruits,
Vegetables and Other Products (Sec. 51.1 to 51.61).
The U.S. Standards for Grades of Sweet Peppers will become
effective 30 days after publication of this notice in the Federal
Register.
Authority: 7 U.S.C. 1621-1627.
Dated: October 13, 2005.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. 05-20860 Filed 10-17-05; 8:45 am]
BILLING CODE 3410-02-P
