[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75263-75264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24220]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-SC-22-0038]


Notice of Request for Approval of a New 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, this 
notice announces the Agricultural Marketing Service's intent to request 
approval for a new information collection from the Office of Management 
and Budget (OMB) under OMB control No. 0581-NEW. This notice is based 
on a recommendation from the California Walnut Board (Board) to 
establish voluntary reporting for walnuts exempt from assessments under 
Federal marketing order no. 984, walnuts grown in California. This 
action would create a new form supplied by the Board to California 
walnut handlers to voluntarily report deliveries of walnuts exempt from 
assessments. The new form will be merged with the forms currently 
approved under OMB No. 0581-0178 Vegetable and Specialty Crops.

DATES: Comments on this notice must be received by January 2, 2024.

ADDRESSES: Interested persons are invited to submit comments concerning 
this notice to the Docket Clerk, Market Development Division, Specialty 
Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, 
Washington, DC 20250-0237; Fax: (202) 720-8938; or online at https://www.regulations.gov. All comments should reference OMB No. 0581-NEW and 
the Marketing Order for Walnuts Grown in California, Marketing Order 
No. 984, and the date and page of the Federal Register, and will be 
made available for public inspection in the Office of the Docket Clerk 
during regular business hours or can be viewed at: https://www.regulations.gov. All comments submitted in response to this notice 
will be included in the record and will be made available to the 
public. Please be advised that the identity of the individuals or 
entities submitting the comments will be made available to the public 
on the internet at the address provided above.

FOR FURTHER INFORMATION CONTACT: Joshua R. Wilde, Marketing Specialist, 
or Gary Olson, Chief, West Region Branch, Market Development Division, 
Specialty Crops Program, AMS, USDA; Telephone: (503) 326-2724, or 
Email: [email protected] or [email protected].
    Small businesses may request information on this notice by 
contacting Richard Lower, Market Development Division, Specialty Crops 
Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, 
DC 20250-0237; Telephone: (202) 720-8085, Fax: (202) 720-8938, or 
Email: [email protected].

SUPPLEMENTARY INFORMATION: 
    Title: Walnuts Grown in California, Marketing Order No. 984.
    OMB Number: 0581-NEW.
    Expiration Date of Approval: This is a NEW Collection.
    Type of Request: Approval of New Information Collection.
    Abstract: The Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 601-674), hereinafter referred to as the ``Act,'' 
authorizes the Secretary of Agriculture to issue marketing orders that 
regulate the handling of any agricultural commodity specified in the 
Act, and to consider recommendations submitted by the administrative 
committees that manage the operations of such marketing orders. The 
individuals serving on an administrative committee are nominated by 
each commodity industry, are familiar with the handling of such 
commodity in their local area and are thus in a position to make 
recommendations to the Secretary.
    The information requirements in this notice are essential to 
administer the Federal marketing order for walnuts grown in California, 
as amended, (7 CFR part 984), hereinafter referred to as the

[[Page 75264]]

``Order''. The Order authorizes quality regulations, research and 
promotion, and provides for the establishment of the Board, which 
locally administers the Order.
    On October 28, 2021, the Board recommended multiple proposed 
amendments to the Secretary, including the elimination of mandatory 
inspection and certification of walnuts and the creation of a new 
mechanism for determining and collecting handler assessments. After 
reviewing the proposals and other information submitted by the Board, 
USDA concluded the Board's proposals will tend to effectuate the 
declared policy of the Act and conducted a public hearing on April 19-
20, 2022. During the hearing, USDA proposed that Sec.  984.67 be 
amended to include exemptions that were inadvertently omitted in a 
previous revision. On August 21, 2023, the Final Rule published in the 
Federal Register [88 FR 56745], with an effective date September 20, 
2023.
    Under the Order handler assessment obligations are incurred at the 
time of certification, and provisions under Sec.  984.67 exempt certain 
walnut sales from assessments and quality regulations. Therefore, 
walnuts considered exempt are not inspected, certified, and assessed. 
Under the new mechanism of determining and collecting assessments, 
handler assessments would be based on walnuts received rather than 
walnuts certified. Accordingly, effective September 20, 2023, walnut 
receipts for deliveries that previously would have been exempt, as 
those walnuts would not be inspected and certified, may now be subject 
to assessment. To ensure that those walnuts continue to be exempt from 
assessment and/or that handlers can receive a refund against their 
current year assessments for walnut deliveries exempt under Sec.  
984.67, the Board recommended the establishment of the new information 
collection form described below. The form designated as OMB No. 0581-
NEW is voluntary and is titled (CWB Form No. 2) Report of Walnuts 
Exempt from Assessments. Depending on when handlers submit the form, 
submission would either ensure that walnuts that are exempt from 
assessment are not assessed or if they are assessed, handlers would be 
able to receive a refund. Once approved by OMB, USDA will request 
permission to merge the form into OMB No. 0581-0178 Vegetable and 
Specialty Crops collection that includes other forms related to the 
Order.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 5 minutes per response.
    Respondents: Walnut handlers.
    Estimated Number of Respondents: 14.
    Estimated Number of Responses: 14.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 1.16 hours.
    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; (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.
    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.
    Authority: 44 U.S.C. Chapter 35.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-24220 Filed 11-1-23; 8:45 am]
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