Notice2023-22342
Notice of Request for Extension and Revision of a Currently Approved Information Collection
Primary source
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Published
October 10, 2023
Issuing agencies
Agriculture DepartmentAgricultural Marketing Service
Abstract
In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget (OMB) for an extension of a currently approved information collection for the Reporting and Recordkeeping Requirements Under Regulations Under the Perishable Agricultural Commodities Act (PACA), 1930, as amended.
Full Text
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<title>Federal Register, Volume 88 Issue 194 (Tuesday, October 10, 2023)</title>
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[Federal Register Volume 88, Number 194 (Tuesday, October 10, 2023)]
[Notices]
[Pages 69895-69896]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-22342]
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Notices
Federal Register
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Federal Register / Vol. 88 , No. 194 / Tuesday, October 10, 2023 /
Notices
[[Page 69895]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-FTPP-23-0046]
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, this
notice announces the Agricultural Marketing Service's (AMS) intention
to request approval from the Office of Management and Budget (OMB) for
an extension of a currently approved information collection for the
Reporting and Recordkeeping Requirements Under Regulations Under the
Perishable Agricultural Commodities Act (PACA), 1930, as amended.
DATES: Comments on this notice must be received by December 11, 2023 to
be assured of consideration.
ADDRESSES: Interested persons are invited to submit comments concerning
this notice by using the electronic process available at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. All comments should reference the document number
and the date and the page number of this issue of the Federal Register.
Written comments may be submitted via mail to: Natalie Worku, PACA
Recordkeeping and Reporting Comments, AMS, Fair Trade Practices
Program, PACA Division, 1400 Independence Avenue SW, Room 2507-S, Stop
0242, Washington, DC 20250-0242; Telephone: (202) 205-4887, Fax: (202)
690-4413; or Email: <a href="/cdn-cgi/l/email-protection#7f311e0b1e13161a5128100d140a3f0a0c1b1e51181009"><span class="__cf_email__" data-cfemail="723c1306131e1b175c251d00190732070116135c151d04">[email protected]</span></a>. All comments received will
be posted without change, including any personal information provided,
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> and will be included in the record and
made available to the public. Please do not include personally
identifiable information (such as name, address, or other contact
information) or confidential business information that you do not want
publicly disclosed. Comments may be submitted anonymously.
FOR FURTHER INFORMATION CONTACT: Natalie Worku, Program Analyst; Fair
Trade Practices Program, PACA Division; Telephone: (202) 205-4887; or
Email: <a href="/cdn-cgi/l/email-protection#602e0114010c09054e370f120b1520151304014e070f16"><span class="__cf_email__" data-cfemail="82cce3f6e3eeebe7acd5edf0e9f7c2f7f1e6e3ace5edf4">[email protected]</span></a>.
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: January 31, 2024.
Type of Request: Extension 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 a forum for resolving contract disputes, and a
mechanism for the collection of damages from anyone who fails to meet
contractual obligations. In addition, the PACA provides for prompt
payment to fruit and vegetable sellers and for revocation of licenses
and sanctions against firms or principals found to have violated the
law's standards for fair business practices. The PACA also imposes a
statutory trust that attaches to perishable agricultural commodities
received by regulated entities, products derived from the commodities,
and any receivables or proceeds from the sale of the commodities. The
trust exists for the benefit of produce suppliers, sellers, or agents
that have not been paid, and continues until they have been paid in
full.
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 renew yearly. License
applications and renewals may be submitted electronically through the
ePACA online portal, sent by email or facsimile, or submitted in paper
form. Those who engage in practices prohibited by the PACA may have
their licenses suspended or revoked.
The information collected pursuant to OMB Number 0581-0031 is used
to administer licensing provisions under the PACA, to adjudicate
contract disputes, and to enforce 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 of the above referenced
information collection to be as follows:
Form FTPP-211, Application for License: average of .25 hours per
application per response.
Form FTPP-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 3,401 annual responses.
Regulations Section 46.18--Record of Produce Received: Average of 5
hours with approximately 6,730 recordkeepers.
Regulations Section 46.20--Records Reflecting Lot Numbers: Average
of 8.25 hours with approximately 685 recordkeepers.
Regulations Section 46.46(c)(2)--Waiver of Rights to Trust
Protection: Average of .25 hours per notice with approximately 10
principals.
Regulations Sections 46.2(aa)(11) and 46.46(e)(1)--Copy of Written
Agreement Reflecting Times for Payment: Average of 20 hours with
approximately 2,345 recordkeepers.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average 3 hours per response annually.
Respondents: Commission merchants, dealers, and brokers engaged in
the business of buying, selling, or negotiating the purchase or sale of
[[Page 69896]]
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: 9,178.
Estimated Total Annual Responses: 25,284.
Estimated Number of Responses per Respondent: 2.75 (rounded).
Estimated Total Annual Burden on Respondents: 87,409.
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.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-22342 Filed 10-6-23; 8:45 am]
BILLING CODE P
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