60486 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. 

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 

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 

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 

Federal Register / Vol. 70, No. 200 / Tuesday, October 18, 2005 / Notices 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 http://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 http://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 

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 

AGENCY: Foreign Agricultural Service, 

USDA. 

ACTION: Notice. 

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