[Federal Register: December 10, 2003 (Volume 68, Number 237)]
[Notices]
[Page 68856-68857]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10de03-30]
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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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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. FV04-371]
Notice of Request for Extension of a Currently Approved
Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35), this notice announces the Agricultural Marketing
Service's (AMS) intention to request approval from the Office of
Management and Budget for an extension of a currently approved
information collection for the Reporting and Recordkeeping Requirements
Under Regulations Under the Perishable Agricultural Commodities Act,
1930, as amended.
DATES: Comments received by February 9, 2004 will be considered.
ADDITIONAL INFORMATION OR COMMENTS: Interested persons are invited to
submit written comments concerning this proposed rule. Comments must be
sent to Dexter Thomas, Senior Marketing Specialist, PACA Branch, F & V
Programs, AMS, USDA, 1400 Independence Avenue, SW., Room 2095--So.
Bldg., Mail Stop 0242, Washington, DC 20250-0242. E-mail dexter.thomas@usda.gov. All comments should reference the docket number
and the date and page number of this issue in the Federal Register and
will be made available for public inspection in the PACA Branch during
regular business hours and posted on the Internet at http://www.ams.usda.gov/fv/paca.htm
.
SUPPLEMENTARY INFORMATION:
Title: Reporting and Recordkeeping Requirements Under Regulations
(Other than Rules of Practice) Under the Perishable Agricultural
Commodities Act, 1930.
OMB Number: 0581-0031.
Expiration Date of Approval: September 30, 2004.
Type of Request: Extension of a currently approved information
collection.
Abstract: The PACA was enacted by Congress in 1930 to establish a
code of fair trading practices covering the marketing of fresh and
frozen fruits and vegetables in interstate or foreign commerce. It
protects growers, shippers, and distributors dealing in those
commodities by prohibiting unfair and fraudulent trade practices.
The law provides a forum for resolving contract disputes, and a
mechanism for the collection of damages from anyone who fails to meet
contractual obligations. In addition, the PACA provides for prompt
payment of fruit and vegetable sellers and for revocation of licenses
and sanctions against firms or principals who violated the law's
standards for fair business practices. The PACA also imposes a
statutory trust that attaches to perishable agricultural commodities
received by regulated entities, products derived from the commodities,
and any receivables or proceeds from the sale of the commodities. The
trust exists for the benefit of produce suppliers, sellers, or agents
that have not been paid, and continues until they have been paid in
full.
The PACA is enforced through a licensing system. All commission
merchants, dealers, and brokers engaged in business subject to the PACA
must be licensed. Retailers and grocery wholesalers must renew their
licenses every three years. All other licensees have the option of a
one, two, or three-year license term. Those who engage in practices
prohibited by the PACA may have their licenses suspended or revoked.
The information collected is used to administer licensing
provisions under the PACA, to adjudicate contract disputes, and for the
purpose of enforcing the PACA and the regulations. The purpose of this
notice is to solicit comments from the public concerning our
information collection.
We estimate the paperwork and time burden on the above to be as
follows:
Form FV-211 (or 211-1, or 211-2, or 211-3, or 211-4, or 211-5),
Application for License: Average of .25 hours per application per
response.
Form FV-231-1 (or 231-1A, or 231-2, or 231-2A), Application for
Renewal or Reinstatement of License: Average of .05 hours per
application per response.
Regulations Section 46.13--Letters to Notify USDA of Changes in
Business Operations: Average of .05 hours per notice per response.
Regulations Section 46.4--Limited Liability Company Articles of
Organization and Operating Agreement: Average of .083 hours with
approximately 220 recordkeepers.
Regulations Section 46.18--Record of Produce Received: Average of 5
hours with approximately 18,400 recordkeepers.
Regulations Section 46.20--Records Reflecting Lot Numbers: Average
of 8.25 hours with approximately 1,000 recordkeepers.
Regulations Section 46.46(d)(2)--Waiver of Rights to Trust
Protection: Average of .25 hours per notice with approximately 100
principals.
Regulations Sections 46.46(f) and 46.2(aa)(11)--Copy of Written
Agreement Reflecting Times for Payment: Average of 20 hours with
approximately 2,670 recordkeepers.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 3.8203 hours per response.
Respondents: Commission merchants, dealers, and brokers engaged in
the business of buying, selling, or negotiating the purchase or sale of
commercial quantities of fresh and/or frozen fruits and vegetables in
interstate or foreign commerce are required to be licensed under the
PACA (7 U.S.C. 499(c)(a)).
Estimated Number of Respondents: 15,829.
Estimated Number of Responses: 40,609
Estimated Number of Responses per Respondent: 2.5654.
Estimated Total Annual Burden on Respondents: 155,138.
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
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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 the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology. Comments may be sent to Dexter Thomas,
Senior Marketing Specialist, PACA Branch, F & V Programs, AMS, USDA,
1400 Independence Avenue, SW., Room 2095-So. Bldg., Mail Stop 0242, Washington, DC 20250-0242. E-mail_dexter.thomas@usda.gov.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments will become a matter of public
record.
Dated: December 4, 2003.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 03-30599 Filed 12-9-03; 8:45 am]
BILLING CODE 3410-02-P