Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53149 

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.’’ 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 proposing to revise the 

voluntary United States Standards for 

Grades of Strawberries 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 

1965. 

Background 

AMS received a request from the CSC 

requesting a revision to the United 

States Standards for Grades of 

Strawberries to allow that percentages 

be determined by count rather than 

volume. 

Prior to undertaking research and 

other work associated with a revision of 

the grade standards, AMS decided to 

seek public comments on the request. 

On March 11, 2005, AMS published a 

notice in the Federal Register (70 FR 

12175) soliciting comments on a 

possible revision to the United States 

Standards for Grades of Strawberries. 

In response to our request for 

comments, AMS received five 

comments from industry groups. Four 

comments were in favor of the revision 

to the standard and one comment was 

opposed. The comments are available by 

accessing AMS’s Home Page on the 

Internet at: http://www.ams.usda.gov/fv/ 

fpbdocketlist.htm. 

The one comment opposing the 

revision stated, ‘‘To change to a countbased system would treat berries of 

varying sizes equally. This may be more 

expeditious, but from our perspective 

reduces the relevance and effectiveness 

of USDA inspections.’’ By changing to a 

count basis each berry will represent the 

same percentage of the container 

regardless of the size of the berry. 

Currently, each inspector must 

determine the volume of each berry in 

relation to the container based on a 

visual estimation. Modifying the 

standards to allow that percentages be 

determined by count will provide more 

objectivity to an inspection. 

AMS received four comments in favor 

of the revision. Those in favor of the 

revision stated the proposed rule change 

follows changing industry practices and 

market demand by replacing a 

subjective volume determination, with a 

more preferred and easily understood 

objective measurement. 

AMS believes the proposed revision 

to allow percentages to be determined 

by count rather than volume would 

establish a clear uniform procedure for 

determining the percentages. 

Additionally, AMS is proposing to 

eliminate the unclassified category. This 

section is being removed in all 

standards, when they are revised. This 

category is not a grade and only serves 

to show that no grade has been applied 

to the lot. It is no longer considered 

necessary. 

The official grade of a lot of 

strawberries covered by these standards 

is 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). 

This notice provides a 60-day 

comment period for interested parties to 

comment on changes to the standard. 

Authority: 7 U.S.C. 1621–1627. 

Dated: September 1, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–17708 Filed 9–6–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Docket Number FV–04–306] 

United States Standards for Grades of 

Watermelons 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice; request for public 

comment. 

SUMMARY: The Agricultural Marketing 

Service (AMS), of the Department of 

Agriculture is soliciting comments on 

its amended proposal to revise the 

United States Standards for Grades of 

Watermelons. AMS received a petition 

from the National Watermelon 

Association (NWA), amending a portion 

of their original petition. NWA’s 

amended petition is requesting that 

seedless watermelons be defined as: 

‘‘Watermelons which have 10 or less 

mature seeds, not to include pips/ 

caplets, on the face of the melon which 

has been cut into four equal sections 

(one lengthwise cut and one crosswise 

cut).’’ NWA’s original petition requested 

that a variance be added to the size 

requirements. This request remains 

unchanged. 

DATES: Comments must be received by 

November 7, 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. The 

United States Standards for Grades of 

Watermelons are available either 

through the address cited above or by 

accessing the Fresh Products Branch 

Web site at: http://www.ams.usda.gov/ 

standards/standfrfv.htm. 

FOR FURTHER INFORMATION CONTACT: 

Cheri L. Emery, at the above address or 

call (202) 720–2185; E-mail 

Cheri.Emery@usda.gov. 

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.’’ 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 proposing to revise the 

voluntary United States Standards for 

Grades of Watermelons 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 1978. 

53150 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 

Background 

AMS received two petitions from the 

NWA requesting a revision to the 

United States Standards for Grades of 

Watermelons. In the first petition, the 

NWA requested that the USDA revise 

the standards by defining seedless 

watermelons as: ‘‘Seedless 

Watermelons’’ are watermelons which 

have 16 or less mature seeds, not to 

include pips/caplets, on the face of the 

melon which has been cut into four 

equal sections (one lengthwise cut and 

one crosswise cut). The petitioner also 

requested the size requirements be 

revised by adding an allowance for 

watermelons to vary 3 pounds above the 

stated average weight. 

Prior to undertaking research and 

other work associated with a revision of 

the grade standards, AMS decided to 

seek public comments on the petition. A 

notice requesting comments on the 

petition to revise the United States 

Standards for Grades of Watermelons 

was published in the April 22, 2004, 

Federal Register (69 FR 21812). 

In response to our request for 

comments, AMS received one comment 

from an industry group. The comment 

was in favor of the proposed revision of 

the standards. 

On October 29, 2004, AMS published 

a notice in the Federal Register (69 FR 

209) proposing to revise the standards 

based on the petitioner request to define 

seedless watermelons and add a 

variance to the size requirements. 

A 60-day comment period was 

provided for interested parties to 

comment on the proposed changes to 

the standards. 

In response to our request for 

comments, AMS received two 

comments on the proposed revision. 

One from an industry group 

representing receivers and one comment 

from a consumer. Both commenters 

supported the inclusion of a definition 

for seedless watermelons with a lower 

number of allowable seed count. The 

commenter representing receivers 

supported the inclusion of a 3 pound 

variance in the size requirements, while 

the other commenter supported a 1 

pound variance. The comments are 

available by accessing AMS’s Home 

Page on the Internet at: http:// 

www.ams.usda.gov/fv/ 

fpbdocketlist.htm. 

After the comment period ended, 

AMS received a second petition from 

the NWA amending the seedless 

watermelon definition in their original 

petition. The amended petition is 

requesting that seedless watermelons be 

defined as: ‘‘Watermelons which have 

10 or less mature seeds, not to include 

pips/caplets, on the face of the melon 

which has been cut into four equal 

sections (one lengthwise cut and one 

crosswise cut).’’ NWA did not amend 

their petition in regard to the inclusion 

of a the 3 pound variance. 

Based on the submitted information 

and comments received, AMS is 

proposing to revise the standards for 

watermelons following the standard 

format for U.S. Grade Standards. 

Specifically, the proposed revision will 

define seedless watermelons by 

including the following definition: 

‘‘Seedless Watermelons’’ are 

watermelons which have 10 or less 

mature seeds, not to include pips/ 

caplets, on the face of the melon which 

has been cut into four equal sections 

(one lengthwise cut and one crosswise 

cut). 

AMS is also proposing to change the 

size requirements by adding an 

allowance for watermelons to vary 3 

pounds above the stated average weight. 

As previously stated, one commenter 

recommended a 1 pound variance rather 

then 3 pound variance. However, AMS 

is proposing to change the size 

requirements by adding an allowance 

for watermelons to vary 3 pounds above 

average weight as the standard currently 

allows watermelons to vary 3 pounds 

below the stated weight, therefore the 

inclusion would be consistent within 

the standards. 

This proposal will bring the standards 

for watermelons in line with current 

marketing practices, thereby, improving 

the usefulness of the standards in 

serving the industry. The official grade 

of a lot of watermelons 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). 

This notice provides for a 60-day 

comment period for interested parties to 

comment on changes to the standards. 

Authority: 7 U.S.C. 1621–1627. 

Dated: September 1, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–17709 Filed 9–6–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Gold Camp Road Final Plan/ 

Environmental Impact Statement and 

Record of Decision 

AGENCY: Forest Service, USDA. 

ACTION: Notice of availability and 

decision. 

SUMMARY: In accordance with the 

National Environmental Policy Act, the 

Pike National Forest of the Rocky 

Mountain Region of the Forest Service 

announces availability of the Final Plan 

and Final Environmental Impact 

Statement (Final Plan/EIS) and Record 

of Decision (ROD) for the Gold Camp 

Road. The Forest Service is also 

announcing the agency’s decision to 

restore and reopen a collapsed railroad 

tunnel and reopen a closed section of 

Gold Camp Road to one-way traffic, 

with a third party partner to operate the 

segment of road (Modified Alternative 

E). The objective of the management 

plan for the road is to best accommodate 

public use and access to National Forest 

System lands and nearby private inholdings while maintaining public 

safety and the historic character of the 

road. The affected road segment has 

been closed since 1988 for safety 

reasons. 

DATES: The appeal period for the 

decision will be 45 days from the date 

the Environmental Protection Agency 

(EPA) publishes the notice of 

availability and decision in the Federal 

Register. The notice of availability will 

be published in the Federal Register on 

September 9, 2005. 

ADDRESSES: The Final Plan/EIS and 

ROD are available on the Internet at 

http://www.fs.fed.us/r2/psicc/projects/ 

gold_camp/. Copies of the Final Plan/ 

EIS and ROD may be obtained by 

contacting the Pikes Peak Ranger 

District, 601 S. Weber St., Colorado 

Springs, CO 80903. Notice of Appeal 

must be sent to: USDA-Forest Service, 

Rocky Mountain Region, Attn: Appeals 

Deciding Officer, P.O. Box 25127, 

Lakewood, Colorado 80225. 

FOR FURTHER INFORMATION CONTACT: 

Frank Landis, Supervisory Outdoor 

Recreation Planner, Pikes Peak Ranger 

District, at the address listed above or by 

telephone at 719–477–4203. 

SUPPLEMENTARY INFORMATION: The Final 

Plan/EIS and ROD are also available for 

inspection at the following public 

libraries in Colorado: 

Penrose Public Library—20 N. Cascade 

Ave., Colorado Springs, CO 80903 

East Library—5550 N. Union Blvd., 

Colorado Springs, CO 80918 

The Forest Service announced in the 

Federal Register (69 FR 39401, June 30, 

2004) that the agency intended to 

prepare an EIS addressing the possible 

federal action of preparing a plan for the 

Gold Camp Road and inviting comments 

on the scope of the EIS. Comments were 

received from April 12 through August