[Federal Register Volume 68, Number 138 (Friday, July 18, 2003)]
[Notices]
[Pages 42672-42673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18193]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Docket No. FV03-930-4NC]


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 Tart Cherries Grown in 
the States of Michigan, New York, Pennsylvania, Oregon, Utah, 
Washington and Wisconsin, Marketing Order No. 930.

DATES: Comments on this notice must be received by September 16, 2003.
    Additional Information or Comments: Contact Valerie L. Emmer-Scott, 
Marketing Specialist, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., Stop 
0237, Washington, DC 20250-0237; Tel: (202) 205-2829, 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: Tart Cherries Grown in the States of Michigan, New York, 
Pennsylvania, Oregon, Utah, Washington and Wisconsin, Marketing Order 
No. 930.
    OMB Number: 0581-0177.
    Expiration Date of Approval: February 29, 2004.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Abstract: Marketing order programs provide an opportunity for 
producers of fresh fruits, vegetables and specialty crops, in a 
specified production area, to work together to solve marketing problems 
that cannot be solved individually. Order regulations help ensure 
adequate supplies of high quality product and adequate returns to 
producers. Under the Agricultural Marketing Agreement Act of 1937 
(AMAA), as amended (7 U.S.C. 601-674) industries enter into marketing 
order programs. The Secretary of Agriculture is authorized to oversee 
the order operations and issue regulations recommended by a committee 
of representatives from each commodity industry.
    The information collection requirements in this request are 
essential to carry out the intent of the AMAA, and to administer the 
program, which has operated since 1996.
    The tart cherry marketing order regulates the handling of tart 
cherries in the states of Michigan, New York, Pennsylvania, Oregon, 
Utah, Washington, and Wisconsin, hereinafter referred to as the 
``order.'' The order authorizes volume regulations that provide for a 
reserve pool in times of heavy cherry supplies. Other major marketing 
order provisions not currently in use include minimum grade and size 
regulations and authorization for market research and development 
projects, including paid advertising.
    The order, and rules and regulations issued thereunder, authorize 
the Cherry Industry Administrative Board (Board), the agency 
responsible for local administration of the order, to require handlers 
and growers to submit certain information. Much of this information is 
compiled in aggregate and provided to the industry to assist in 
carrying out marketing decisions.
    The Board has developed forms as a means for persons to file 
required information with the Board relating to tart cherry 
inventories, shipments, diversions, and other information needed to 
effectively carry out the

[[Page 42673]]

requirements of the order, and their use is necessary to fulfill the 
intent of the AMAA. Since this order regulates canned and frozen forms 
of tart cherries, reporting requirements will be in effect all year. A 
USDA form is used to allow growers to vote on amendments or continuance 
of the marketing order. In addition, tart cherry growers and handlers 
who are nominated by their peers to serve as representatives on the 
Board must file nomination forms with the Secretary. Formal rulemaking 
amendments to the order must be approved in grower referenda conducted 
by the Secretary. In addition, USDA may conduct a referendum to 
determine industry support for continuation of the order. Finally, 
handlers are asked to sign an agreement to indicate their willingness 
to comply with the provisions of the order if the order is amended. 
These forms are included in this request.
    The forms covered under this information collection require the 
minimum information necessary to effectively carry out the requirements 
of the order, and their use is necessary to fulfill the intent of the 
AMAA as expressed in the order, and the rules and regulations issued 
under the order.
    The information collected is used only by authorized 
representatives of the USDA, including AMS, Fruit and Vegetable 
Programs' regional and headquarter's staff, and authorized employees of 
the Board. Authorized Board employees and the industry are the primary 
users of the information, and AMS is the secondary user.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average .183 hours per response.
    Respondents: Tart cherry growers and for-profit businesses handling 
fresh and processed tart cherries produced in Michigan, New York, 
Pennsylvania, Oregon, Utah, Washington, and Wisconsin.
    Estimated Number of Respondents: 943.
    Estimated Number of Responses per Respondent: 4.93.
    Estimated Total Annual Burden on Respondents: 852 hours.
    Comments: Comments are invited on: (1) Whether the proposed 
collection of the 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. 0581-0177 and the Tart Cherry 
Marketing Order No. 930, and be mailed to Docket Clerk, Fruit and 
Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., 
Washington, DC 20250-0237; Telephone: (202) 205-2829; Fax: (202) 720-
8938; or E-mail: [email protected]. Comments should reference 
the docket number and the date and page number of this issue of the 
Federal Register. All comments received will be available for public 
inspection in the Office of the Docket Clerk during regular USDA 
business hours at 14th and Independence Ave., SW., Washington, DC, room 
2525-S.
    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 14, 2003.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 03-18193 Filed 7-17-03; 8:45 am]
BILLING CODE 3410-02-P