Notice2023-24220
Notice of Request for Approval of a New Information Collection
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 2, 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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 211 (Thursday, November 2, 2023)</title>
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[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Notices]
[Pages 75263-75264]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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: <a href="/cdn-cgi/l/email-protection#6822071b001d09463a463f01040c0d281d1b0c09460f071e"><span class="__cf_email__" data-cfemail="7f35100c170a1e512d512816131b1a3f0a0c1b1e51181009">[email protected]</span></a> or <a href="/cdn-cgi/l/email-protection#fbbc9a8982bfd5b497889495bb8e889f9ad59c948d"><span class="__cf_email__" data-cfemail="6b2c0a19122f4524071804052b1e180f0a450c041d">[email protected]</span></a>.
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: <a href="/cdn-cgi/l/email-protection#d98bb0bab1b8abbdf795b6aebcab99acaabdb8f7beb6af"><span class="__cf_email__" data-cfemail="66340f050e071402482a09110314261315020748010910">[email protected]</span></a>.
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]
BILLING CODE P
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