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.

Notices Federal Register

38090

Vol. 70, No. 126

Friday, July 1, 2005

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 

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

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 

Federal Register / Vol. 70, No. 126 / Friday, July 1, 2005 / Notices 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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

[Docket Number FV–04–304] 

United States Standards for Grades of 

Mangos

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Reopening and extension of the 

comment period. 

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 

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: http://

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.

SUPPLEMENTARY INFORMATION: 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.

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

AGENCY: Animal and Plant Health 

Inspection Service, USDA.

ACTION: Extension of approval of an 

information collection; comment 

request. 

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 http://

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 http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: 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