[Federal Register: August 18, 2003 (Volume 68, Number 159)]
[Notices]
[Page 49421-49425]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18au03-47]
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Notices
Federal Register
________________________________________________________________________
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.
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[[Page 49421]]
DEPARTMENT OF AGRICULTURE
Submission for OMB Review; Comment Request
August 12, 2003.
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, mechnanical, 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), Pamela--Beverly-- OIRA--
Submissio n@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.
Office of Procurement and Property Management
Title: Maximum Workweek--Construction Schedule.
OMB Control Number: 0505-0011.
Summary of Collection: In order to obtain goods or services such as
construction services, the United States Department of Agriculture
(USDA), like other Federal agencies, has established agency contracting
offices to enter into Federal contracts. These offices employ
contracting officers, who solicit bids or offers for work from
businesses in the private sector. When USDA contracts for construction
services, both the contracting officer and the contractor needs to
establish a schedule for the work. The contractor needs to ensure that
his weekly work schedule will not conflict with the time during which
USDA may allow him access to the work site. The contracting officer
needs to know when the contractor will be working in order to schedule
on-site conferences, to perform quality assurance inspections, and to
perform compliance checks required to enforce the Davis Bacon Act (40
U.S.C. 276a-276a-7). Such compliance checks are specifically required
by the Federal Acquisition Regulations (FAR) to conduct employee
interviews, to check the type of work being performed, to verify the
number of pay classification of workers at the site, and to verify that
posters informing workers of their rights are displayed at the site
(FAR 22.406-7(b)). Contracting officers put the Maximum Workweek--
Construction Schedule clause in solicitations and contracts for
construction when the contractor's access to the work site may be
restricted to certain times of the day or week.
Need and Use of the Information: The Office of Procurement and
Property Management (OPPM) will collect information to determine when
government inspectors or representatives will be needed at the site,
and to schedule contractor access to the work site. The information is
not collected unless the contracting officer anticipates problems with
contractor access or scheduling government inspections. If the
information were not collected, contracting offices would be unable to
allocate contract administration resources efficiently.
Description of Respondents: Business or other for-profit.
Number of Respondents: 400.
Frequency of Responses: Reporting: On occasion.
Total Burden Hours: 100.
Office of Procurement and Property Management
Title: Instructions for the Preparation of Technical and Business
Proposals.
OMB Control Number: 0505-0013.
Summary of Collection: In order to obtain goods or services, the
United States Department of Agriculture, like other Federal agencies,
has established agency contracting offices to enter into Federal
contracts. These offices employ contracting officers, who use various
methods to award contracts for good or services. One method prescribed
by Part 15 of the Federal Acquisition Regulation (48 CFR) is
contracting by negotiation. In contracting by negotiation, contracting
officers issue solicitations to request offers for required products or
services from businesses in the private sector. Together with the
solicitation document, the offeror's cost proposal and its technical
and business proposals constitute the offer submitted to the
contracting office for evaluation and acceptance. The technical
proposal, together with the offeror's pricing, is needed to select the
offeror who will be awarded a contract. The Agriculture Acquisition
Regulation (AGAR) (48 CFR ch.4) prescribes the provision titled
Instructions for the Preparation of Technical and Business Proposals)
(48 CFR 452.215-71) helds an offeror preparing a proposal to address
the factors on which it will be evaluated.
Need and Use of the Information: The Office of Procurement and
Property Management (OPPM) will collect information to evaluate and
determine the feasibility of the offeror's managaement, technical
approach, and offered cost/price to provide the services and/or
supplies required, if awarded a contract. If the information were not
collected, OPPM would be unable to obtain goods and services required
for its daily operations.
Description of Respondents: Business or other for-profit; Not-for-
profit institutions; State, Local, or Tribal Government.
Number of Respondents: 3,600.
[[Page 49422]]
Frequency of Responses: Reporting: On occasion.
Total Burden Hours: 115,200.
Office of Procurement and Property Management
Title: Brand Name or Equal Provision and Clause.
OMB Control Number: 0505-0014.
Summary of Collection: In order to obtain goods or services, the
United States Department of Agriculture, like other Federal agencies,
has established agency contracting offices to enter into Federal
contracts. The Agriculture Acquisition Regulation (48 CFR ch. 4) and
the (48 CFR 411.171), provision (48 CFR 452.211-70), and a clause (48
452.211-71) permits the use of ``brand name or equal'' purchase
descriptions to procure commercial products. Such descriptions require
the offeror on a supply procurement to identify the ``equal'' item
being offered and to indicate how that item meets the salient
characteristics stated in the purchase description. The use of brand
name or equal descriptions eliminates the need for bidders or offerors
to read and interpret detailed specifications or purchase descriptions.
Need and Use of the Information: The Office of Procurement and
Property Management (OPPM) will collect information to determine from
the descriptive information furnished whether the offered ``equal''
item meet the salient characteristics of the Government's requirements.
If information were not collected, OPPM would spend more time
developing purchase descriptions and offerors would spend more time
reading and interpreting the purchase descriptions.
Description of Respondents: Business or other for-profit.
Number of Respondents: 26,678.
Frequency of Responses: Reporting: On occasion.
Total Burden Hours: 2,668.
Office of Procurement and Property Management
Title: Procurement: Key Personnel Clause.
OMB Control Number: 0505-0015.
Summary of Collection: In order to obtain goods or services, the
United States Department of Agriculture (USDA), like other Federal
agencies, has established agency contracting offices to enter into
Federal contracts. These offices employ contracting officers, who issue
solicitations to request offers (proposals) for required products or
services from businesses in the private sector. When USDA wishes to
acquire research and development services (R&D), information technology
(IT) design or support services, or advisory and assistance services,
it must consider the capabilities of the personnel who the contractor
assigns to the job. The contributions of certain contractor employees
may be critical to the success of the work. Such employees are
designated as ``Key Personnel.'' The Agriculture Acquisition Regulation
(48 CFR ch.4) (48 CFR 437.110) and 48 CFR 452.237-74) prescribes the
Key Personnel clause to collect information about key contractor
personnel. The contracting officer uses the Key Personnel clause to
require the contractor to inform USDA, if a key person will no longer
be available to perform work on the contract. Contractors whose
contracts include the key personnel clause are required to notify the
contracting officer about proposed substitutions for key personnel
identified in the contract.
Need and Use of the Information: The Office of Procurement and
Property Management (OPPM) will collect information to determine
whether the departure of a key person from the contractor's staff could
jeopardize contract performance and to determine what accommodations or
remedies may be taken. If the OPPM could not obtain information about
departing key personnel, it could not ensure that qualified personnel
continue to perform contract work.
Description of Respondents: Business or other for-profit; Non-for-
profit institutions; State, Local, or Tribal Government.
Number of Respondents: 300.
Frequency of Responses: Reporting: On occasion.
Total Burden Hours: 300.
Office of Procurement and Property Management
Title: Progress Reporting Clause.
OMB Control Number: 0505-0016.
Summary of Collection: In order to obtain goods or services, the
United States Department of Agriculture, like other Federal agencies,
has established agency contracting offices to enter into Federal
contracts. These offices employ contracting officers, who request bids
or offers for work from businesses in the private sector using
solicitations. In order to administer contracts for research and
development services (R&D), or for advisory and assistance services
(AAS), contracting officers need information about contractor progress
in performing the contracts. The Agriculture Acquisition Regulation (48
CFR ch.4) (48 CFR 437.270(a)) and (48 CFR 452.237-76) prescribe the
Progress Reporting Clause to collect information about contractor
progress. Contracting officers include the Progress reporting Clause in
R&D and AAS contracts to obtain information from the contractors about
their performance.
Need and Use of the Information: The Office of Procurement and
Property Management will collect information to compare actual progress
and expenditures to anticipated performance and contractor
representations on which the award was based. The information alerts
the agency of technical problems; the need for additional staff
resources or finding; and the probability of timely completion within
the contract cost or price. If the contracting officers could not
obtain progress report information, they would have to physically
monitor the contractor's operation on a day-to-day basis throughout the
performance period.
Description of Respondents: Business or other for-profit; Non-for-
profit institutions; State, Local, or Tribal Government.
Number of Respondents: 300.
Frequency of Responses: Reporting: Quarterly; Monthly.
Total Burden Hours: 5,400.
Foreign Agricultural Service
Title: Trade Adjustment Assistance for Farmers (TAA).
OMB Control Number: 0551-NEW.
Summary of Collection: The Trade Act of 2002 (HR 3009) (Pub. L.
107-210), signed into law on August 6, 2002, established a Trade
Adjustment Assistance Program (TAA) for farmers. The primary objective
of this new program is to provide technical and cash assistance to
producers of raw agricultural commodities in cases where increased
imports of a like or directly competitive product have contributed
importantly to declines in domestic prices over a specified period of
time.
Need and Use of the Information: The Foreign Agricultural Service
(FAS) will collect information to permit producers to petition and
apply for program benefits. The information is needed to determine
eligibility to obtain benefits under the new program providing trade
adjustment assistance for farmers and to ascertain the amount of
payments an adversely affected producer is entitled to receive. The
information collected will provide essential data and economic
information for use by the FAS, Farm Service Agency, Economic Research
Service, Extension Service, and other agencies within the Department.
Description of Respondents: Farms; Not-for-profit; Business or
other for-profit.
Number of Respondents: 500.
[[Page 49423]]
Frequency of Responses: Reporting: Annually.
Total Burden Hours: 7,000.
Farm Service Agency
Title: Disaster Assistance--General (7 CFR part 1945-A).
OMB Number Control: 0560-0170.
Summary of Collection: Subtitle C of the Consolidated Farm and
Rural Development Act of 1972, as amended, authorizes emergency loss
(EM) loans for the purpose of assisting farmers and ranchers who have
suffered weather-related physical and production losses in areas
declared by the President, designated by the Secretary of Agriculture,
or named for physical loss loans by the Farm Service Agency (FSA)
Administrator. For EM production loss loan, applicants must show a 30%
loss in at least one basic farming enterprise. For physical losses,
applicants must show that property damaged or destroyed is essential to
the continued operation of the farming or ranching operations.
Applicant must be unable to obtain commercial credit or recover from
the disaster and meet the specific eligibility and repayment
requirements. FSA will collect information to evaluate requests for a
Secretarial natural disaster designation.
Need and Use of the Information: FSA will collect information to
determine whether sufficient losses have been suffered to warrant a
Secretarial natural disaster designation, determine whether extenuating
circumstances exist to grant a natural disaster designation under the
Secretary's discretionary authority. The information will be used by
FSA to process State Governor requests for Secretarial natural disaster
designations.
Description of Respondents: Farms; Federal Government; State, Local
or Tribal Government.
Number of Respondents: 2,889.
Frequency of Responses: Reporting: On occasion.
Total Burden Hours: 1,452.
Food and Nutrition Service
Title: Federal Collection Methods for Food Stamp Program Recipient
Claims.
OMB Control Number: 0584-0446.
Summary of Collection: The Debt Collection Improvement (DCIA), Food
Stamp (FSA) and Privacy Act require that State agencies advise debtors
of the intended referral to the Treasury Offset Program (TOP). TOP is a
method used to collect debts owed for over-issued food stamp recipient
claims. TOP offers debtors an opportunity to repay the claim, and offer
debtors an opportunity to request a review of the validity of the
collection action.
Need and Use of the Information: The information collected is used
to operate Federal offset. State agencies collect this information to
offset debts as a result of over-issuance of recipient claims. Without
the information, compliance with the DCIA would not be possible and
departmental participation in TOP would be jeopardized.
Description of Respondents: State, Local, or Tribal Government;
Individual or households; Federal Government.
Number of Respondents: 279,119.
Frequency of Responses: Reporting: On occasion; Annually.
Total Burden Hours: 56,123.
Food and Nutrition Service
Title: Consumer Study.
OMB Control Number: 0584-NEW.
Summary of Collection: Under Subtitle D of the National Agriculture
Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3171-
3175), the Secretary of Agriculture is required to develop and
implement a national food and human nutrition research and extension
program, including the development of techniques to assist consumers in
selecting food that supplies a nutritionally adequate diet. The Center
for Nutrition Policy and Promotion (CNPP) has the authority to develop
materials to aid the public in selecting food for good nutrition;
coordinate nutrition education promotion and professional education
projects with the Department; and consult with the Federal and State
agencies, the Congress, universities, and other public and private
organizations and the general public regarding food consumption and
dietary adequacy.
Need and Use of the Information: CNPP will collect information
using 8 focus group sessions with women ages 20-40 years. The
information collected will help to expand the knowledge base concerning
the public's perceived relationship between portion size, counting
calories, and a healthy weight. The information collected will also
assist CNPP in its efforts to develop campaign messages and materials
to help Americans achieve or maintain a healthy weight through
increased awareness of how much they eat.
Description of Respondents: Individuals or households.
Number of Respondents: 1,280.
Frequency of Responses: Reporting: Other (one-time).
Total Burden Hours: 432.
Risk Management Agency
Title: General Administrative Regulations; Subpart V Submission of
Policies, Provisions of Policies, and Rates of Premium.
OMB Control Number: 0563-New.
Summary of Collections: The Federal Crop Insurance Corporation
(FCIC) amends the procedures for the submission of policies, plans of
insurance, or other rates or premium by insurance companies, entities
or other persons. Public Law 96-365 provided for nationwide expansion
of a comprehensive crop insurance program. The Federal Crop Insurance
Act, as amended, expanded the role of the crop insurance to be the
principal tool for risk management by producers of farm products and
required that the crop insurance program operate on an actuarially
sound basis.
Need and Use of the Information: The Board will review an
applicant's submissions to determine if the interests of agricultural
producers and taxpayers are protected; the submission is actuarially
appropriate; appropriate insurance principles are followed; the
requirements of the Act are met; and that sound, reasonable and
appropriate underwriting principals are followed. If the information is
incomplete, the submission will be disapproved.
Description of Respondents: Business or other-for-profit;
Individuals or households.
Number of Respondents: 210.
Frequency of Responses: Recordkeeping: Reporting; Other.
Total Burden Hours: 57,000.
Rural Utilities Service
Title: 7 CFR 1703, subparts D, E, F, and G, Distance Learning and
Telemedicine Loan and Grant Program.
OMB Control Number: 0572-0096.
Summary of Collection: The Rural Utilities Service (RUS) is a
credit agency of the Department of Agriculture and is authorized by
Chapter 1 of subtitle D of the Food, Agriculture, Conservation and
Trade Act of 1990. The purpose of the Distance Learning and
Telemedicine Loan and Grant program is to improve telemedicine services
and distance learning services in rural areas through the use of
telecommunications, computer networks, and related advanced
technologies by students, teachers, medical professionals and rural
residents.
Need and Use of the Information: The various forms and narrative
statements required are collected from eligible applicants such as
rural community facilities, schools, libraries, hospitals, and medical
facilities. The purpose of this information is to determine such
factors as: eligibility of the applicant; the specific nature of the
proposed project; the purposes for which loan and grant funds will be
used; project financial and technical feasibility; and compliance with
applicable laws and regulations.
[[Page 49424]]
Description of Respondents: Business or other for-profit; Not-for-
profit institutions; State, Local, or Tribal Government.
Number of Respondent: 280.
Frequency of Responses: Recordkeeping; Reporting: On occasion.
Total Burden Hours: 14,693.
Rural Housing Service
Title: 7 CFR 1924-F, Complaints and Compensation Defects.
OMB Control Number: 0575-0082.
Summary of Collection: Section 509 of Title V of the Housing Act of
1949, as amended, authorizes the Rural Housing Service (RHS) to pay the
costs for correcting defects or compensation borrowers of Section 502
Direct loan funds for expenses arising out of defects with respect to
newly constructed dwellings and new manufactured housing units with
authorized funds. This regulation provides instruction to all RHS
personnel to enable them to implement a procedure to accept and process
complaints from borrowers/owners against builders and dealers/
contractors, to resolve the complaint informally and when the complaint
involves structural defects which cannot be resolved by cooperation of
the builder or dealer/contractor, authorizes expenditure to resolve the
defect with grant funds. Resolution could involve expenditure for (1)
repairing defects; (2) reimbursing for emergency repairs; (3) pay
temporary living expenses or (4) convey dwelling to RHS with release of
liability for the RHS loan.
Need and Use of the Information: The information is collected from
agency borrowers and the local agency office serving the county in
which the dwelling is located. This information is used by Rural
Housing Staff to evaluate the request and assist the borrower in
identifying possible causes and corrective actions. The information is
collected on a case-by-case basis when initiated by the borrower.
Without this information, RHS would be unable to assure that eligible
borrowers would receive compensation to repair defects to their newly
constructed dwellings.
Description of Respondents: Business or for-profit.
Number of Respondents: 500.
Frequency of Responses: Reporting: On occasion.
Total Burden Hours: 200.
Rural Housing Service
Title: 7 CFR 1965-B Security Servicing for Multiple Family Housing
Loans.
OMB Control Number: 0575-0100.
Summary of Collection: The Rural Housing Service Loan and Grant
Program under Sections 514, 515, 516, and 521 of Title V of the Housing
Act of 1949, as amended, provides loans and grants to eligible
recipients for the development and operation of rural rental housing
projects. These programs are intended to meet the housing needs for
rural persons or families including senior citizens, the handicapped or
disabled, and domestic farm laborers of low to moderate-income. The
information will be prepared and submitted to the agency by the
borrower or the borrower's representative. Agency forms and guides will
be provided to assist the borrower or the borrower's designee in the
preparation of information and to streamline the collection and review
of the information.
Need and Use of the Information: In order to assist its borrowers
to operate and maintain these properties to meet program objectives,
improve the agency's ability to assure the continued viability of the
program, information needs to be collected to process borrower
initiated requests. The borrower or grantee organizations are required
to prepare periodic agency financial reports to enable the agency to
fulfill its statutory mandate for supervision of borrower operations.
Information is also required for eligibility determinations to allow
continued participation in the program, as necessary to achieve the
objectives of the loan and to protect the interest of the Government,
the tenants, and the community.
Description of Respondents: Reporting: On occasion.
Number of Respondents: 945.
Frequency of Responses: Reporting: On occasion.
Total Burden Hours: 1587.
Agricultural Marketing Service
Title: 7 CFR part 54--Meats, Prepared Meats, and Meat Products
(Grading, Certification, and Standards).
OMB Control Number: 0581-0124.
Summary of Collection: The Agricultural Marketing Act of 1946, as
amended, authorizes the Secretary of Agriculture to provide consumers
with voluntary Federal meat grading and certification services that
facilitate the marketing of meat and meat products. This is
accomplished by providing meat and meat products that are uniform in
quality. The Meat Grading and Certification (MGC) Branch provides these
services under the authority of 7 CFR part 54--Meats, Prepared Meats,
and Meat Products (Grading, Certification, and Standards). The
Agricultural Marketing Service (AMS) will collect information using
forms LS-313, ``Application for Service,'' and LS-315, ``Application
for Commitment Grading or Certification Service.''
Need and Use of the Information: AMS will collect information to
identify the responsible authorities in establishments requesting
services and to initiate billing and collection accounts. A signed
(Form LS-313 or LS-315) serves as a legal agreement between USDA users
of the services and constitutes authorization for any employee of AMS
to enter the establishment for the purpose of performing official
functions under the regulations. Without a properly signed and approved
form, AMS officials would not have the authority to enter the premises
to provide grading and/or certification services.
Description of Respondents: Business or other for-profit.
Number of Respondents: 450.
Frequency of Responses: Reporting: On occasion.
Total Burden Hours: 212.
Agricultural Marketing Service
Title: Olives Grown in California.
OMB Control Number: 05881-0142.
Summary of Collection: Marketing order 932 (7 CFR part 932),
covering the handling of olives grown in California, emanates from
enabling legislation (The Agricultural Marketing Agreement Act of 1937,
Sections 1-19, 48 Stats. 31, as amended; 7 USC 601-674). The order
authorizes the issuance of grade and size standards, and incoming and
outgoing inspection requirements. The order also has authority for
research and development projects, including paid advertising. Forms
were developed as a means for persons to file required information with
the committee relating to the olive supplies, shipments, and
dispositions.
Need and Use of the Information: Agricultural Marketing Service
(AMS) will collect information to determine olive inventories,
acquisition of olives, shipments, and disposition. Authorized
representatives of the USDA, including AMS, Fruit and Vegetable
Programs' regional and headquarters' staff, and authorized employees
would use the information collected.
Description of Respondents: Business or other for-profit; Farms.
Number of Respondents: 691.
Frequency of Responses: Recordkeeping; On occasion; Other (2-6
years).
Total Burden Hours: 2,850.
Risk Management Agency
Title: Multiple Peril Crop Insurance.
OMB Control Number: 0563-0053.
Summary of Collection: Previous amendments to the Federal Crop
[[Page 49425]]
Insurance Act expanded the role of the crop insurance program to be the
principal tool for risk management by producers of farm products and
provided that crop insurance program operate on an actuarially sound
basis, provided for independent review of crop insurance products by
person experienced as actuaries and in underwriting, and required that
the crop insurance program operate on an actuarially sound basis. To
meet these goals, existing crop programs must be improved and expanded,
new crop products developed, and new insurance concepts studied for
possible implementation. Federal Crop Insurance Corporation (FCIC)
offers a Standard Reinsurance Agreement to eligible crop insurance
companies under which FCIC will use data elements instead of standards
forms.
Need and Use of the Information: FCIC requires crop acreage
information to be submitted to the insurance agent by each producer on
or before a specific date. The basic provision for the reporting of
acreage covers information such as the name of the crop, the number of
timely planted acres, person sharing in the crop, location of the
acreage, etc. This information is used to determine liability, premium
and subsidy. Federal agencies, Risk Management Agency, crop insurance
companies reinsured by FCIC, and other agencies that require such
information in the performance of their duties may use this
information. If the information were not collected by specified dates,
the producers may not have insurance coverage or the amount of
insurance may be reduced and the crop insurance program would not be
administered in an actuarially sound manner.
Description of Respondents: Farms; Business or other for-profit.
Number of Respondents: 1,310,553.
Frequency of Responses; Recordkeeping; Reporting: Quarterly;
Weekly; Semi-annually; Monthly; Annually.
Total Burden Hours: 1,447,152.
Sondra A. Blakey,
Departmental Information Collection Clearance Officer.
[FR Doc. 03-20958 Filed 8-15-03; 8:45 am]
BILLING CODE 3410-01-M