Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Notices 32227 

Estimated Number of Responses per 

Respondent: 122.80 responses. 

Estimated Total Annual Burden on 

Respondents: 4,189 hours. 

For Grain Market News 0581–0005 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .033 hours per 

response. 

Respondents: Business or other forprofit entities, individuals or 

households, farms, and Federal 

Government. 

Estimated Number of Respondents: 

1,737 respondents. 

Estimated Total Annual Responses: 

153,168 responses. 

Estimated Number of Responses per 

Respondent: 88.18 responses. 

Estimated Total Annual Burden on 

Respondents: 5,100 hours. 

For Livestock and Meat Market News 

0581–0154 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .083 per 

response. 

Respondents: Producers, processors, 

brokers, distributors, retailers, and 

wholesalers. 

Estimated Number of Respondents: 

520 respondents. 

Estimated Total Annual Responses: 

65,520 responses. 

Estimated Number of Responses per 

Respondent: 126 responses. 

Estimated Total Annual Burden on 

Respondents: 5,458 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 document will 

be summarized and included in the 

request for OMB approval. All 

comments will become a matter of 

public record. 

Dated: May 21, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–12656 Filed 5–28–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Doc. No. AMS–FV–13–0033] 

Perishable Agricultural Commodities 

Act; Request for Extension and 

Revision of a Currently Approved 

Information Collection 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. Chapter 35), this document 

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, 1930, as 

amended. 

DATES: Comments on this document 

must be received by July 29, 2013 to be 

assured of consideration. 

ADDRESSES: You may submit written or 

electronic comments to: Natalie Worku, 

PACA Division, Recordkeeping and 

Reporting Comments, AMS, F&V 

Program, 1400 Independence Avenue 

SW., Room 1510–S, Stop 0242, 

Washington DC 20250–0242; or faxed 

to: 202–690–4413; or Internet: http:// 

www.regulations.gov. All comments 

received will be posted without change, 

including any personal information 

provided, online at http:// 

www.regulations.gov and will be made 

available for public inspection at the 

above physical address during regular 

business hours. 

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, 2014. 

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 and 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 

must renew annually. 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 

document 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 FV–211, Application for 

License: average of .25 hours per 

application per response. 

Form FV–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 2,473 annual responses. 

Regulations Section 46.18—Record of 

Produce Received: Average of 5 hours 


tkelley on DSK3SPTVN1PROD with NOTICES
32228 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Notices 

with approximately 6,725 

recordkeepers. 

Regulations Section 46.20—Records 

Reflecting Lot Numbers: Average of 8.25 

hours with approximately 683 

recordkeepers. 

Regulations Section 46.46(c)(2)— 

Waiver of Rights to Trust Protection: 

Average of .25 hours per notice with 

approximately 100 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 2,343 

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 

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. 499c 

(a)). 

Estimated Number of Respondents: 

14,540. 

Estimated Total Annual Responses: 

29,095. 

Estimated Number of Responses per 

Respondent: 2. 

Estimated Total Annual Burden on 

Respondents: 87,455. 

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 document will 

be summarized and included in the 

request for OMB approval. All 

comments will become a matter of 

public record. 

Dated: May 21, 2013. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2013–12653 Filed 5–28–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[AMS–CN–12–0029] 

Cotton Research and Promotion 

Program: Determination of Whether To 

Conduct a Referendum Regarding 

1990 Amendments to the Cotton 

Research and Promotion Act 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice. 

SUMMARY: This notice announces the 

Department’s determination, based on a 

review by the Agricultural Marketing 

Service (AMS), that it is not necessary 

to conduct a referendum among 

producers and importers on 

continuation of the 1990 amendments to 

the Cotton Research and Promotion Act 

(Act). The 1990 amendments require the 

Secretary of Agriculture, once every 5 

years, to conduct a review to determine 

whether to hold a continuance 

referendum. The two major changes to 

the Cotton Research and Promotion 

Program made by the 1990 amendments 

were the elimination of assessment 

refunds to producers and a new 

assessment levied on imported cotton 

and the cotton content of imported 

products. Although USDA is of the view 

that a referendum is not needed, it will 

initiate a sign-up period as required by 

the Act, to allow cotton producers and 

importers the opportunity to request a 

continuance referendum. 

FOR FURTHER INFORMATION CONTACT: 

Shethir M. Riva, Chief, Research and 

Promotion Division, Cotton and 

Tobacco Programs, AMS, USDA, 100 

Riverside Parkway, Suite 101, 

Fredericksburg, Virginia, 22406, 

telephone (540) 361–2726, facsimile 

(540) 361–1199, or email at 

Shethir.Riva@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: In July 

1991, the Agricultural Marketing 

Service (AMS) implemented the 1990 

amendments to the Cotton Research and 

Promotion Act (7 U.S.C. 2101–2118) 

(Act). These amendments provided for: 

(1) Importer representation on the 

Cotton Board by an appropriate number 

of persons—to be determined by the 

Secretary—who import cotton or cotton 

products into the United States (U.S.) 

and are selected by the Secretary from 

nominations submitted by importer 

organizations certified by the Secretary 

of Agriculture; (2) assessments levied on 

imported cotton and cotton products at 

a rate determined in the same manner 

as for U.S. cotton; (3) increasing the 

amount the Secretary can be reimbursed 

for conducting a referendum from 

$200,000 to $300,000; (4) reimbursing 

government agencies who assist in 

administering the collection of 

assessments on imported cotton and 

cotton products; and (5) terminating the 

right of producers to demand an 

assessment refund. 

Results of the initial July 1991 

referendum showed that of the 46,220 

valid ballots received with 27,879 or 60 

percent of the persons voted in favor of 

the amendments to the Cotton Research 

and Promotion Order (7 CFR part 1205) 

(Order) and 18,341 or 40 percent 

opposed the amendments. AMS 

developed implementing regulations for 

the import assessment effective July 31, 

1992 (57 FR 29181); the elimination of 

the producer refund effective July 31, 

1992 (57 FR 29181); and provided for 

importer representation on the Cotton 

Board effective December 21, 1991 (56 

FR 65979). 

USDA conducted 5-year reviews of 

the Cotton Research and Promotion 

Program in 1996, 2001 and 2006. For 

each review, the Department prepared 

reports that described the impact of the 

Cotton Research and Promotion Program 

on the cotton industry and the views of 

those receiving its benefits. Following 

each review, USDA announced its 

decision not to conduct a referendum 

regarding the 1991 amendments to the 

Order (61 FR 52772, 67 FR 1714, and 72 

FR 9918, respectively) and subsequently 

held sign-up periods, affording all 

eligible persons to request a 

continuance referendum on the 1990 

Act amendments. The results of each 

sign-up period did not meet the criteria 

as established by the Act for a 

continuance referendum and, therefore, 

referenda were not conducted. 

In 2011–2012, the Department again 

prepared a 5-year report that described 

the impact of the Cotton Research and 

Promotion Program on the cotton 

industry. The review report is available 

upon written request to the Chief of the 

Cotton Research and Promotion Staff at 

the address provided above. Comments 

were solicited from all interested 

parties, including persons who pay the 

assessments as well as from 

organizations representing cotton 

producers and importers (76 FR 31573). 

Five comments, including comments 

from four certified producer 

organizations that nominate producers 

to the Cotton Board, claimed strong 

support for the continuance of the 

program, noting that the administration 

of the Act has been proper, carries out 

the intent and purpose in a timely and 

superior manner, and requires no 

changes or adjustment. 


tkelley on DSK3SPTVN1PROD with NOTICES