[Federal Register Volume 67, Number 144 (Friday, July 26, 2002)]
[Notices]
[Page 48866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-18983]



[[Page 48866]]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. FV02-999-2 NC]


Notice of Request for an Emergency Approval 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 emergency approval and revision 
of a currently approved information collection for the Regulation 
Governing Imports of Peanuts. The information collection for this 
program expires July 31, 2002. The emergency request was necessary 
because insufficient time was available to follow normal clearance 
procedures.

DATES: Comments on this notice must be received by September 24, 2002.

ADDITIONAL INFORMATION OR COMMENTS: Contact Caroline C. Thorpe, 
Marketing Specialist, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW Stop 0237, 
Washington, DC 20250-0237; Tel: (202) 720-8139, Fax (202) 720-8938, or 
E-mail: [email protected].
    Small businesses may request information on this notice by 
contacting Jay Guerber, Regulatory Fairness Representative, Marketing 
Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 
1400 Independence Avenue, SW Stop 0237, Washington, DC 20250-0237; 
telephone (202) 720-2491; Fax (202) 720-8938, or E-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:  
    Title: Regulation Governing Imports of Peanuts, 7 CFR part 999.600.
    OMB Number: 0581-0176.
    Expiration Date of Approval: July 31, 2002.
    Type of Request: Emergency approval and revision of a currently 
approved information collection.
    Abstract: The peanut import regulation appears at 7 CFR part 
999.600. This regulation has been authorized by Section 108B(f)(2) of 
the Agricultural Act of 1949 (7 U.S.C. 1445c3), as amended in 1990 and 
1993, and by section 155 of the Federal Agriculture Improvement and 
Reform Act of 1996 (7 U.S.C. 7271). Section 1308 of the Farm Security 
and Rural Investment Act of 2002 (Public Law 107-171) (the 2002 Farm 
Bill) also provides for regulation of imported peanuts.
    The import program ensures that peanuts intended for human 
consumption in the United States meet edible quality requirements. 
Peanuts which fail quality requirements must either be reconditioned to 
meet quality requirements, or be disposed to non-edible outlets. Poor 
quality peanuts may contain Aspergillus flavus mold (which may cause 
aflatoxin, a natural carcinogen).
    The import regulation was issued June 11, 1996 (61 FR 31306), and 
the first practical effective date was January 1, 1997, when the import 
quota for Mexican peanuts was opened for 1997. The import quota for all 
foreign produced peanuts totals less than 3.5 percent of domestic 
peanut production of approximately 3.7 billion pounds.
    Under the import program, no forms are required to be completed and 
filed. However, copies of documents on failing lots obtained during the 
importation and inspection process must be filed. These documents 
include: Failing grade inspection certificates, failing aflatoxin 
certificates, re-inspection grade and aflatoxin certificates, shipping 
bills of lading, and sales receipts to non-edible outlets (animal feed, 
crushing certificates), and re-export certification.
    AMS is responsible for monitoring compliance with these quality and 
disposition regulations and uses the documents to ensure that importers 
comply with the regulations.
    The information collected is used only by authorized 
representatives of the Department of Agriculture (USDA), including AMS, 
Fruit and Vegetable Programs' regional and headquarter's staff.
    The estimated total burden is revised from the most recently 
approved hours of 256. While the total responses per respondents 
decreased, the total burden hours increased because the number of 
respondents increased from 15 to 38. The estimated total burden was, 
therefore, revised and increased.
    Estimate of Burden: Total estimated burden for this collection is 
433 hours. This includes a record keeping burden of 380 hours (38 
respondents  x  10 hours). In addition, there is a public reporting 
burden for this collection of information estimated to average .07 
hours or about 4 minutes per response for a total of 53 burden hours.
    Respondents: Peanut importers, as well as Customs brokers and other 
entities filing on behalf of importers.
    Estimated Number of Respondents: 38.
    Estimated Number of Responses per Respondent: 19.
    Estimated Total Annual Burden on Respondents: 433 hours.
    Comments: 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 should reference OMB No. 0581-0176 and the Peanut Import 
Regulation, Part 999.600, and be mailed to Docket Clerk, Fruit and 
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., Stop 
0237, Washington, DC 20250-0237; Tel: (202) 720-2491, Fax: (202) 720-
8938; Fax: (202) 720-8938; or E-mail: [email protected]. 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: July 22, 2002.
A.J. Yates,
Administrator, Agricultural Marketing Service.
[FR Doc. 02-18983 Filed 7-25-02; 8:45 am]
BILLING CODE 3410-02-P