[Federal Register Volume 61, Number 2 (Wednesday, January 3, 1996)]
[Notices]
[Pages 159-160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-00025]



-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Docket No. FV-96-352]


Notice of Request for Extension and Revision of a Currently 
Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

-----------------------------------------------------------------------

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 an extension and revision to a 
currently approved information collection in support of the Reporting 
and Record Keeping Requirements Under Regulations (Other Than Rules of 
Practice) Under the Perishable Agricultural Commodities Act, 1930 
(PACA)(7 U.S.C. 499a-499s).

DATES: Comments on this notice must be received by March 4, 1996.

FOR INFORMATION OR COMMENTS CONTACT: Comments are invited on: (a) 
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; (b) 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; (c) ways to enhance the quality, utility and clarity of the 
information to be collected; and (d) ways to minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate technology. Comments may be sent to 
Michael A. Clancy, Head, License and Program Review Section, PACA 
Branch, Fruit and Vegetable Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, P.O. Box 96456, Washington, DC 20090-
6456, (202)720-2814.

SUPPLEMENTARY INFORMATION:
    Title: Reporting and Record Keeping Requirements Under Regulations 
(Other Than Rules of Practice) Under the Perishable Agricultural 
Commodities Act, 1930.
    OMB Number: 0581-0031.
    Expiration Date of Approval: April 30, 1996.
    Type of Request: Extension and revision 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 practices.
    The law provides for the enforcement of contracts by providing a 
forum for resolving contract disputes, and for the collection of 
damages from anyone who fails to meet contractual obligations. In 
addition, the PACA impresses a statutory trust on licensees for 
perishable agricultural commodities received, products derived from 
them, and any receivables or proceeds due from the sale of the 
commodities for the benefit of suppliers, sellers, or agents that have 
not been paid. An amendment to the PACA, enacted into law on November 
15, 1995, reduced the record keeping and reporting burden imposed under 
the trust provision by removing the requirement that trust claimants 
file notices of intent to preserve trust benefits with the Department 
of Agriculture. The burden is, therefore being revised to remove the 
record keeping and time requirements that were necessary for the filing 
of trust claims. This action will decrease the time requirement by 
20,741 total hours and the paperwork burden by 124,445 total annual 
responses.
    The PACA is enforced through a licensing system and is user-fee 
financed through a license fee. All commission merchant, dealers, and 
brokers engaged in business subject to the PACA must be licensed. The 
license is effective for one (1) year unless withdrawn by USDA for 
valid reasons, and must be renewed annually. Those 

[[Page 160]]
who engage in practices prohibited by the PACA may have their licenses 
suspended or revoked.
    The information collected from respondents is used to administer 
licensing provisions under the PACA. The records maintained are used to 
adjudicate reparation and administrative complaints filed against 
licensees to determine the imposition of sanctions on firms and 
responsibly connected individuals who have engaged in unfair trading 
practices. We estimate the paperwork and time burden as follows:
    Form FV-211 Application for License: average of 15 minutes per 
application per response.
    Form FV-231 Application for Renewal of License: average of 5 
minutes per application per response.
    Regulations Section 46.13--Letters to Notify USDA of Changes in 
Business Operations: average of 5 minutes per notice per response.
    Regulations Section 46.20--Records Reflecting Lot Numbers: average 
of 8.25 hours with approximately 1,000 record keepers.
    Regulations Section 46.46(d)(2)--Waiver of Rights to Trust 
Protection: average of 15 minutes 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 2,000 record keepers.
    Estimate of Burden: The total public reporting burden for this 
collection of information is estimated to average 3 hours per response.
    Respondents: commission merchants, dealers, and brokers engaged in 
the business of buying, selling, or negotiating the purchase or sale 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: 15,550
    Estimated Number of Responses per Respondent: 1
    Estimated Total Annual Burden on Respondents: 49,448 hours
    Copies of this information collection can be obtained from Michael 
A. Clancy, Head, License and Program Review Section, PACA Branch, at 
(202) 720-2814.
    Send comments regarding the accuracy of the burden estimate, ways 
to minimize the burden, including through the use of automated 
collection techniques or other forms of information technology, or any 
other aspect of this collection for information to:
    Michael A. Clancy, Head, License and Program Review Section, PACA 
Branch, Fruit and Vegetable Division, Agricultural Marketing Service, 
U.S. Department of Agriculture, Room 2715-South Building, P.O. Box 
96456, Washington, D.C. 20090-6456.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

    Dated: December 26, 1995.
Kenneth C. Clayton,
Acting Administrator.
[FR Doc. 96-00025 Filed 1-2-96; 8:45 am]
BILLING CODE 3410-02-P