[Federal Register Volume 88, Number 59 (Tuesday, March 28, 2023)]
[Notices]
[Pages 18292-18293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06309]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-AMS-22-0091]


Federal Seed Act Labeling and Enforcement; Request for an 
Extension and Revision of a Currently Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA

ACTION: Notice; request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this

[[Page 18293]]

notice announces the Agricultural Marketing Service's (AMS) intention 
to request approval, from the Office of Management and Budget (OMB), 
for an extension of and revision to the currently approved information 
collection of the Federal Seed Act Labeling and Enforcement.

DATES: Comments on this notice must be received by May 30, 2023 to be 
assured of consideration.

ADDRESSES: Interested persons are invited to submit comments concerning 
this notice by using the electronic process available at https://www.regulations.gov. Written comments may also be submitted to Ernest 
L. Allen, Director, Seed Regulatory and Testing Division, Science and 
Technology Programs, Agricultural Marketing Service, U.S. Department of 
Agriculture, 801 Summit Crossing Place, Suite C, Gastonia, North 
Carolina 28054-2193. All comments should reference the document number 
and the date and page number of this issue of the Federal Register. All 
comments received will be posted without change, including any personal 
information provided, at https://www.regulations.gov and will be 
included in the record and made available to the public.

FOR FURTHER INFORMATION CONTACT: Ernest L. Allen, Seed Regulatory and 
Testing Division, Science and Technology Programs, Agricultural 
Marketing Service, U.S. Department of Agriculture, 801 Summit Crossing 
Place, Suite C, Gastonia, North Carolina 28054-2193; Telephone: 
(704)810-8870; Email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Federal Seed Act Program.
    OMB Number: 0581-0026.
    Expiration Date of Approval: March 31, 2023.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Abstract: This information collection and these recordkeeping 
requirements are necessary to conduct the Federal Seed Act (FSA) (7 
U.S.C. 1551 et seq.) program with respect to certain testing, labeling, 
and recordkeeping requirements for agricultural and vegetable seeds in 
interstate commerce. Regulations under the FSA are contained in 7 CFR 
part 201.
    The FSA, Title II, is a truth-in-labeling law that regulates 
agricultural and vegetable planting seed in interstate commerce. Seed 
subject to the FSA must be labeled with certain quality information and 
Title II requires that information to be truthful. The FSA prohibits 
the interstate shipment of falsely advertised seed and seed containing 
noxious-weed seeds that are prohibited from sale in the State into 
which the seed is being shipped.
    No unique forms are required for this information collection. The 
FSA requires seed in interstate commerce to be tested and labeled. Once 
seed enters a State, it must comply with the testing and labeling 
requirements of that State's seed law. The testing and labeling 
required by FSA nearly always satisfies the State's testing and 
labeling requirements. The receiving sales, cleaning, testing, and 
labeling records required by FSA are also records that the shipper 
would normally keep in good business practice.
    The information in this collection is the minimum information 
necessary to effectively carry out the enforcement of FSA. With the 
exception of the requirements for entering a new variety into a State 
seed certification program (set forth separately below), the 
information collection is entirely recordkeeping rather than reporting.
    While the number of applicants has slightly increased, the number 
of requests has significantly increased creating an increase in burden 
hours over the previous submission.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 2.68 hours per response.
    Respondents: Interstate shippers and labelers of seed.
    Estimated Number of Respondents: 3,484.
    Estimated Total Annual Responses: 35,582.
    Estimated Number of Responses per Respondent: 10.
    Estimated Total Annual Burden on Respondents: 95,361 hours.

Eligibility Requirements for Certification of New Varieties and 
Recordkeeping

    Estimate of Burden: Public reporting burden for this collection of 
information (eligibility for certification of new varieties) is 
estimated to average 2.42 hours per response.
    Respondents: Entities seeking to enter new varieties into State 
seed certification programs.
    Estimated Number of Respondents: 82.
    Estimated Total Annual Responses: 902.
    Estimated Number of Responses per Respondent: 11.
    Estimated Total Annual Burden on Respondents: 2,183 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 the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    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.

Melissa Bailey,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-06309 Filed 3-27-23; 8:45 am]
BILLING CODE 3410-02-P