[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]                         





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 68856]]



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

[[Page 68857]]

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