This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

69895 

Vol. 88, No. 194 

Tuesday, October 10, 2023 

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. 

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 https://

www.regulations.gov. 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: 

Natalie.Worku@usda.gov. All comments 

received will be posted without change, 

including any personal information 

provided, at https://

www.regulations.gov 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: Natalie.Worku@usda.gov. 

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 


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69896 Federal Register / Vol. 88, No. 194 / Tuesday, October 10, 2023 / Notices 

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 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Doc. No. AMS–SC–23–0053] 

Notice of Request for Extension and 

Revision of a Currently Approved 

Information Collection 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture (USDA). 

ACTION: Notice and request for 

comments. 

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 for an 

extension of and revision to the 

currently approved information 

collection for the Child Nutrition 

Labeling Program. 

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 https://

www.regulations.gov. 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 Standardization Branch, 

Specialty Crops Inspection Division, 

AMS, USDA, 100 Riverside Parkway, 

Suite 101, Fredericksburg, VA 22406. 

All comments received will be posted 

without change, including any personal 

information provided, at https://

www.regulations.gov 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: 

Patricia Tung-Tayman, Senior Food 

Technologist, Telephone: (202) 720– 

0367, or Email: CNLabeling@usda.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Child Nutrition Labeling 

Program. 

OMB Number: 0581–0261. 

Expiration Date of Approval: January 

31, 2024. 

Type of Request: Extension and 

revision of a currently approved 

information collection. 

Abstract: The Child Nutrition (CN) 

Labeling Program is a voluntary 

technical assistance service that helps 

schools and institutions participating in 

the National School Lunch Program 

(NSLP), School Breakfast Program 

(SBP), Child and Adult Care Food 

Program (CACFP), and Summer Food 

Service Program (SFSP) determine a 

product’s contribution toward the foodbased meal pattern requirements. (See 

appendix C to 7 CFR parts 210, 220, 

225, and 226 for more information on 

these programs.) A CN label on a 

product assures schools and other Child 

Nutrition Program operators that the 

product contributes to the meal pattern 

requirements as printed on the label. 

There is no Federal requirement for 

commercial products to have a CN label 

statement in order to be included in 

meals served by schools and 

institutions. The label review program 

transferred from the Food and Nutrition 

Service to AMS in 2010. 

To participate in the CN Labeling 

Program, a manufacturer submits a label 

application to AMS for evaluation. AMS 

reviews the product formulation to 

determine the contribution a serving of 

the product makes towards the foodbased meal pattern requirements. The 

application form submitted to AMS is 

the same form that a manufacturer 

submits to the USDA’s Food Safety and 

Inspection Service (FSIS) Labeling and 

Program Delivery Division for review of 

meat and poultry labels. Participation in 

the CN Labeling Program is voluntary; 

manufacturers who wish to place a CN 

label on their products must comply 

with CN Labeling Program 

requirements. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average 15 minutes per 

response. 

Respondents: Manufacturers who 

produce food for the school foodservice. 

Estimated Number of Respondents: 

203. 

Estimated Total Annual Responses: 

812. 

Estimated Number of Responses per 

Respondent: 4. 

Estimated Total Annual Burden on 

Respondents: 203 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 has 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 information 

collection burden on those who 

respond, including the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques. 

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. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–22338 Filed 10–6–23; 8:45 am] 

BILLING CODE 3410–02–P 


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