[Federal Register Volume 62, Number 168 (Friday, August 29, 1997)]
[Notices]
[Pages 45787-45788]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22988]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service
[Docket No. FV97-356]


Notice of Request for Extension and Revision 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 an extension for and revision to a 
currently approved information collection for the Reporting and Record 
Keeping Requirements Under Regulations (Other Than Rules of Practice) 
Under the Perishable Agricultural Commodities Act (PACA) (7 U.S.C. 
499a-499t).

DATES: Comments on this notice must be received on or before October 
28, 1997, to be assured of consideration.

ADDITIONAL INFORMATION OR COMMENTS: Contact Charles W. Parrott, 
Assistant Chief, PACA Branch, Fruit and Vegetable Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, P.O. 
Box 96456, Room 2095-South, Washington, D.C. 20090-6456; telephone 
(202) 720-4180; fax (202) 690-3244.

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: October 31, 1999.
    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.
    The PACA is enforced through a licensing system and is user-fee 
financed through a license fee. All commission merchants, 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 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.
    Form FV-232, Business Reply Card: Average of 2 minutes with 
approximately 10,000 respondents.
    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 2.78011 hours per 
response.

[[Page 45788]]

    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: 25,550.
    Estimated Number of Responses per Respondent: 1.67906.
    Estimated Total Annual Burden on Respondents: 119,267 hours.
    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 may be sent to: Charles 
W. Parrott, Assistant Chief, PACA Branch, Fruit and Vegetable Division, 
Agricultural Marketing Service, U.S. Department of Agriculture, Room 
2095-South, P.O. Box 96456, Washington, D.C. 20090-6456. All comments 
received will be available for public inspection during regular 
business hours at the same address.
    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: August 25, 1997.
Eric M. Forman,
Acting Director, Fruit and Vegetable Division.
[FR Doc. 97-22988 Filed 8-28-97; 8:45 am]
BILLING CODE 3410-02-P