Notice of Release of National Organic Program Noncompliance and Adverse Action Records, 76632 [E6-21838]
Download as PDF
<![CDATA[
76632
Federal Register / Vol. 71, No. 245 / Thursday, December 21, 2006 / Notices
sroberts on PROD1PC70 with NOTICES
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 established the voluntary United
States Standards for Grades of Pea Pods
using the procedures that appear in part
36, title 7 of the Code of Federal
Regulations (7 CFR part 36).
Background
AMS developed a proposed U.S.
Standards for Grades of Pea Pods. The
proposal would establish U.S. Fancy
and U.S. No. 1 ‘‘Grades,’’ ‘‘Tolerances,’’
and ‘‘Application of Tolerances’’
sections. Additionally, this proposal
defines: ‘‘Injury,’’ ‘‘Damage,’’ ‘‘Serious
Damage,’’ and basic requirements.
On January 24, 2006, a notice was
published in the Federal Register (71
FR 3817), requesting comments on
proposed voluntary United States
Standards for Grades of Pea Pods, with
the comment period ending on March
27, 2006.
A request was received from a packer/
shipper of pea pods, expressing the
need for additional time to review the
proposed U.S. Standards. The packer/
shipper requested an extension to the
comment period to allow them the
opportunity to submit comments. After
reviewing the request, AMS reopened
and extended the comment period by
publishing a notice in the Federal
Register, May 22, 2006 (71 FR 29606),
extending the period for comment to
June 22, 2006.
AMS received one other response to
the proposed standards. The comment
was from an industry group
representing about 90 percent of the
fresh vegetables produced in California
and Arizona. The association expressed
support for the development of the
standards for pea pods.
The comments are available by
accessing the AMS, Fresh Products
Branch Web site at: https://
www.ams.usda.gov/fv/
fpbdocketlist.htm.
Based on the comment received,
specifically concerning the development
of the standards and information
gathered, AMS believes the standards
will provide a common language for
trading and promote the orderly and
efficient marketing of pea pods. The
official grades of pea pod lots covered
by these standards will be 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).
VerDate Aug<31>2005
17:01 Dec 20, 2006
Jkt 211001
The United States Standards for
Grades of Pea Pods will be effective 30
days after publication of this notice in
the Federal Register.
Authority: 7 U.S.C. 1621–1627.
Dated: December 15, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E6–21840 Filed 12–20–06; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. TM–07–04]
Notice of Release of National Organic
Program Noncompliance and Adverse
Action Records
AGENCY:
Agricultural Marketing Service,
USDA.
ACTION:
Notice.
SUMMARY: The U.S. Department of
Agriculture’s (USDA) Agricultural
Marketing Service (AMS) is publishing
this notice to inform accredited
certifying agents and producers and
handlers certified to the National
Organic Program (NOP) of AMS’
intention to release notices of
noncompliance, and the identity of each
entity which has been suspended or
revoked, as well as the reasons for these
actions. The release of these materials
complies with the Freedom of
Information Act (FOIA) in which any
information that is not protected from
disclosure by a FOIA exemption must
be provided to the public.
FOR FURTHER INFORMATION CONTACT:
Mark Bradley, Associate Deputy
Administrator, National Organic
Program, 1400 Independence Avenue,
SW., Room 4008–S, Ag Stop 0268,
Washington, DC, 20250–0268;
Telephone: (202) 720–3252; Fax: (202)
205–7808; e-mail:
mark.bradley@usda.gov.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This notice is issued under the FOIA
as amended, 5 U.S.C. 552, and the
Organic Foods Production Act (OFPA)
of 1990, as amended, 7 U.S.C. 6501 et
seq.
II. Background
On April 12, 2006, AMS received a
FOIA request for notices of
noncompliance and records of
suspension and revocation of
certification and accreditation issued
pursuant to the NOP. The Agency
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
maintains the records sought by the
FOIA requester pursuant to its
administration of the OFPA.
The FOIA provides for any person to
request and access federal agency
records except for those records, or
portions of records, which are protected
by one of the nine exemptions under the
FOIA. The records collected and
maintained under the OFPA are not
statutorily exempt from disclosure, and
therefore in accordance with the FOIA
and USDA’s FOIA implementing
regulations, 7 CFR part 1, AMS is
required to release responsive records,
or portions of responsive records, that
are not protected from disclosure by any
FOIA exemption.
III. Action
Pursuant to 7 CFR 205.662, accredited
certifying agents are obligated to issue
noncompliance notifications, notices of
suspension, and notices of revocation
regarding NOP certification when
circumstances warrant such action.
Likewise, pursuant to 7 CFR 205.665,
the NOP is obligated to issue
notifications of noncompliance and
notices of suspension and revocation of
accreditation as warranted.
Some of the information contained in
these notification letters, in particular
those issued to certified operations, may
contain confidential business
information. Therefore, the agency will
conduct a thorough review of those
notification documents issued since
implementation of the NOP on October
21, 2002, pursuant to 7 CFR 205.662 and
205.665, and in accordance with 5
U.S.C. 552(b)(4), withhold confidential
commercial or financial information.
Examples of the information which may
appear in responsive records and that is
subject to withholding include: Product
formulations; supply sources; amount
paid or owed in certification fees; sales
volumes; yield quantities; amount of
acreage planted to a specific crop or
designated as pasture; the number of
livestock units; the identity of an entity
for which a private label is produced.
Dated: December 15, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing
Service.
[FR Doc. E6–21838 Filed 12–20–06; 8:45 am]
BILLING CODE 3410–02–P
E:\FR\FM\21DEN1.SGM
21DEN1
]]>Agencies
[Federal Register Volume 71, Number 245 (Thursday, December 21, 2006)]
[Notices]
[Page 76632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-21838]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. TM-07-04]
Notice of Release of National Organic Program Noncompliance and
Adverse Action Records
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Agriculture's (USDA) Agricultural
Marketing Service (AMS) is publishing this notice to inform accredited
certifying agents and producers and handlers certified to the National
Organic Program (NOP) of AMS' intention to release notices of
noncompliance, and the identity of each entity which has been suspended
or revoked, as well as the reasons for these actions. The release of
these materials complies with the Freedom of Information Act (FOIA) in
which any information that is not protected from disclosure by a FOIA
exemption must be provided to the public.
FOR FURTHER INFORMATION CONTACT: Mark Bradley, Associate Deputy
Administrator, National Organic Program, 1400 Independence Avenue, SW.,
Room 4008-S, Ag Stop 0268, Washington, DC, 20250-0268; Telephone: (202)
720-3252; Fax: (202) 205-7808; e-mail: mark.bradley@usda.gov.
SUPPLEMENTARY INFORMATION:
I. Statutory Authority
This notice is issued under the FOIA as amended, 5 U.S.C. 552, and
the Organic Foods Production Act (OFPA) of 1990, as amended, 7 U.S.C.
6501 et seq.
II. Background
On April 12, 2006, AMS received a FOIA request for notices of
noncompliance and records of suspension and revocation of certification
and accreditation issued pursuant to the NOP. The Agency maintains the
records sought by the FOIA requester pursuant to its administration of
the OFPA.
The FOIA provides for any person to request and access federal
agency records except for those records, or portions of records, which
are protected by one of the nine exemptions under the FOIA. The records
collected and maintained under the OFPA are not statutorily exempt from
disclosure, and therefore in accordance with the FOIA and USDA's FOIA
implementing regulations, 7 CFR part 1, AMS is required to release
responsive records, or portions of responsive records, that are not
protected from disclosure by any FOIA exemption.
III. Action
Pursuant to 7 CFR 205.662, accredited certifying agents are
obligated to issue noncompliance notifications, notices of suspension,
and notices of revocation regarding NOP certification when
circumstances warrant such action. Likewise, pursuant to 7 CFR 205.665,
the NOP is obligated to issue notifications of noncompliance and
notices of suspension and revocation of accreditation as warranted.
Some of the information contained in these notification letters, in
particular those issued to certified operations, may contain
confidential business information. Therefore, the agency will conduct a
thorough review of those notification documents issued since
implementation of the NOP on October 21, 2002, pursuant to 7 CFR
205.662 and 205.665, and in accordance with 5 U.S.C. 552(b)(4),
withhold confidential commercial or financial information. Examples of
the information which may appear in responsive records and that is
subject to withholding include: Product formulations; supply sources;
amount paid or owed in certification fees; sales volumes; yield
quantities; amount of acreage planted to a specific crop or designated
as pasture; the number of livestock units; the identity of an entity
for which a private label is produced.
Dated: December 15, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
[FR Doc. E6-21838 Filed 12-20-06; 8:45 am]
BILLING CODE 3410-02-P
