[Federal Register Volume 66, Number 47 (Friday, March 9, 2001)]
[Notices]
[Pages 14120-14121]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5780]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. FV01-367]


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 a extension for and revision to a 
currently approved information collection for the Reporting and 
Recordkeeping Requirements Under Regulations Under the Perishable 
Agricultural Commodities Act, 1930, as amended.

DATES: Comments on this notice must be received by May 8, 2001 to be 
assured of consideration.

FOR FURTHER INFORMATION CONTACT: Contact James R. Frazier, Chief, PACA 
Branch, Fruit and Vegetable Programs, Agricultural Marketing Service, 
U.S. Department of Agriculture, Rm. 2095-So. Bldg., P.O. Box 96456, 
Washington, D.C. 20090-6456, telephone (202) 720-2272. Email--
[email protected].

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: July 31, 2001.
    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 trade practices.
    The law provides for the enforcement of contracts by providing a 
forum for resolving contract disputes, and a mechanism for the 
collection of damages from anyone who fails to meet contractual 
obligations and for excluding from the industry firms or individuals 
who violate the law's standards for fair business practices. In 
addition, the PACA imposes 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 produce suppliers, sellers, or agents 
that have not been paid.
    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.

[[Page 14121]]

    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 (including restaurants), 
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 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 
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 James R. Frazier, 
Chief, PACA Branch, Fruit and Vegetable Programs, USDA, Room 2095--So. 
Bldg., P.O. Box 96456, Washington, DC 20090-6456. Email--
[email protected].
    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: March 5, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 01-5780 Filed 3-8-01; 8:45 am]
BILLING CODE 3410-02-P