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[Federal Register: July 6, 2010 (Volume 75, Number 128)]
[Notices]               
[Page 38765-38766]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jy10-25]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FV-10-0018; FV-10-328]

 
Domestic Origin Verification System Questionnaire and Regulations 
Governing Inspection and Certification of Processed Fruits and 
Vegetables and Related Products

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 (44 
U.S.C. Chapter 35), this notice announces the intention of the 
Agricultural Marketing Service (AMS) to request an extension and 
revision of a currently approved information collection that will 
combine a number of forms issued under inspection and grading services 
under the Agricultural Marketing Act of 1946 and section 8e of the 
Agricultural Marketing Agreement Act of 1937. AMS is combining all 
burden hours with this submission.

DATES: Comments may be submitted on or before September 7, 2010.
    Additional Information or Comments: Interested persons are invited 
to submit comments. Comments must be sent to Chere L. Shorter, 
Processed Products Branch, Fruit and Vegetable Programs, Agricultural 
Marketing Service, U.S. Department of Agriculture, STOP 0247, 1400 
Independence Avenue, SW., Washington, DC 20250-0247; fax (202) 690-
1527; or can be submitted to http:[sol][sol]www.regulations.gov. 
Comments should make reference to the date and page number of this 
issue of the Federal Register and will be made available for public 
inspection at the above office during regular business hours. Please be 
advised that all comments submitted in response to this notice will be 
included in the record and will be made available to the public on the 
Internet via http:[sol][sol]www.regulations.gov. Also, the identity of 
the individuals or entities submitting the comments will be made 
public.

SUPPLEMENTARY INFORMATION: Title: ``Domestic Origin Verification System 
Questionnaire and Regulations Governing Inspection and Certification of 
Processed Fruits and Vegetables and Related Products-7 CFR Part 52.''
    OMB Number: 0581-0234.
    Expiration Date of Approval: Three years from date of approval.
    Type of Request: Request for extension and revision of currently 
approved information collections to be merged into one collection, the 
addition of two new forms, and revision of one form.
    Abstract: Merger of two currently approved information collections.
    The Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) directs 
and authorizes the Department to develop standards of quality, grades, 
grading programs, and other services to facilitate trading of 
agricultural products and assure consumers of quality products which 
are graded and identified under USDA programs. Section 203(h) of the 
Act specifically directs and authorizes the Secretary of Agriculture to 
inspect, certify, and identify the grade, class, quality, quantity, and 
condition of agricultural products under such rules and regulations as 
the Secretary may prescribe, including assessment and collection of 
fees for the cost of the service.
    The grading and certification of processed fruit and vegetable 
services under 7 CFR part 52 contains provisions for the collection of 
fees from users of the Processed Product Branch services that equal the 
cost of providing the requested services to the closest extent 
possible. In order for the Agency to satisfy those requests for 
service, the Agency must request certain information from those who 
apply for service. An application for service is a request for AMS to 
perform such services and requests such information as the applicant 
name, address, and product to be inspected. AMS also provides other 
types of voluntary services under the same regulations, e.g., contract 
and specification acceptance services, facility assessment services, 
certifications of quantity and quality, import product inspections, and 
export certification.
    The ``Domestic Origin Verification'' (DOV) program's application 
for service is FV-DOV-1. This information collection is currently 
approved under OMB No. 0581-0234. The DOV program is an assessment 
program designed to provide validation of the applicant's domestic 
origin verification program prior to bidding on contracts to supply 
food products to the Department of Agriculture's (USDA's) Domestic 
Feeding programs, and/or may be conducted after a contract is awarded.
    The DOV Program assists companies in meeting the domestic origin 
requirement for the USDA Purchase Program efficiently and eliminates 
redundancy in trace paperwork for USDA contracts.
    Affected public may include any partnership, association, business 
trust, corporation, organized group, and state, county or municipal 
government, and any authorized agent that has a financial

[[Page 38766]]

interest in the commodity involved and requests service. AMS intends to 
merge these two separate collections into one OMB control number.
    Estimate of Burden: Public reporting burden for these two 
collections combined; the additional two new forms, and the revised 
form is estimated to average 0.33 hours per response. (6,192 total 
hours divided by 18,862 total annual responses).
    Respondents: Applicants who are applying for grading and inspection 
services.
    Estimated Number of Respondents: 1,142.
    Estimated Number of Responses: 18,862.
    Estimated Number of Responses per Respondent: 20.
    Estimated Total Annual Burden on Respondents: 6,192.
    The following are two new forms to be added to this information 
collection: Form FV-16, Notice for Hold for Re-Examination and FV-358, 
Request for Surety Bond.

Notice for Hold for Re-Examination (FV-16)

    When foreign material or Grade Not Certified (GNC) product is found 
in an original sample submitted for inspection in excess of AMS 
requirements or FDA defect action levels, an inspector will notify an 
applicant and make arrangements with the applicant for re-examination, 
if desired. The top part of Form FV-16 is completed by the inspector.
    Each ``hold'' lot must be conspicuously marked and distinguished 
from other lots as to code mark(s) and location when recording 
information on inspection documents, so that the lot may be easily 
found and identified. If the applicant disposes of GNC product 
immediately, Form FV-16 is not issued, and inspection records are 
marked accordingly.
    Applicants have a number of options available, such as, 
segregation, reworking, destruction, or disposal for non-food use under 
AMS supervision. The option taken is reported to the inspector within 
two weeks from the date shown on the FV-16. The applicant indicates 
their desired option on the FV-16 form, and dates and signs the form.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.083 hours per response (1 total 
hour divided by 12 total annual responses).
    Respondents: Applicants who use grading and inspection services.
    Estimated Number of Respondents: 12.
    Estimated Number of Responses: 12.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 1.

Request for Surety Bond (FV-358)

    The information collected on the ``Request for Surety Bond'' form 
assures the inspection service that fees and charges for any inspection 
service are paid by the interested party making the application for 
such service in accordance with the applicable provisions of the 
regulation. The inspection service payments are guaranteed by either an 
advance of funds prior to rendering inspection service or a suitable 
surety bond. Applicants that enter into a contract or an agreement for 
inspection service must provide acceptable surety. Form FV-358 sets 
forth the agreement for surety and provides for the amount to be paid.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.20 hours per response (5.0 total 
hours divided by 25 total annual responses).
    Respondents: Applicants who request grading and inspection 
services.
    Estimated Number of Respondents: 25.
    Estimated Number of Responses: 1.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 5.

Application for Inspection and Certification of Sampling (FV-356)

    Form FV-356 is revised to include additional data required for 
inspection of products and services and combined under the same OMB 
control number. These include export certification, inspection of 
section 8e import products, and applicant submittal of unofficial 
samples.
    The revised form includes additional data elements for section 8e 
import product inspection. The information required for this type of 
inspection pertains to imported canned ripe olives, raisins, and dates 
which are required to be inspected by AMS, subject to exemptions listed 
in the applicable Marketing Orders, Import Regulations (7 CFR parts 
944.401, 999.300, and 999.1). Section 8e regulations are issued under 
section 608e-1 of the Agricultural Marketing Agreement Act of 1937, as 
amended (7 U.S.C. 608e-1). The revised request includes such 
information as: Importer of record; port of entry; name of vessel, 
container number, country of origin, customs entry number, bill of 
lading number, broker reference number, date of entry, harmonized 
tariff code, consignee number, and Food Canning Establishment (FCE) 
Number obtained from the FDA.
    The revised application also includes information collected for the 
inspection of unofficially submitted samples of food products. This was 
previously Form FV-159 on the previous collection of OMB 581-0123. Form 
FV-159 will become obsolete as a result of the revision of this form.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 0.33 hours per response (6124 total 
hours divided by 18,560 total annual responses).
    Respondents: Applicants requesting grading and inspection services.
    Estimated Number of Respondents: 1,160.
    Estimated Number of Responses: 18,560.
    Estimated Number of Responses per Respondent: 16.
    Estimated Total Annual Burden on Respondents: 6,192.
    Forms FV-468, FV-356, and FV-358 will be made available in hard 
copy form. Applicants also may submit information by telephone, 
facsimile, or by e-mail. Forms FV-DOV-1, FV-468, FV-356, FV-16 and FV-
358 are accessible at http://eforms.ams.usda.gov/#CustomersFV. 
Presently, form FV-DOV-1 may be accessed on the Internet at http://www.ams.usda.gov/AMSv1.0/DOV.
    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 Office of Management and Budget approval. All comments will 
become a matter of public record.

    Dated: June 29, 2010.
Robert C. Keeney,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-16329 Filed 7-2-10; 8:45 am]
BILLING CODE P
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