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[Federal Register: April 12, 2010 (Volume 75, Number 69)]
[Notices]               
[Page 18470-18471]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12ap10-26]                         

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-FV-10-0023; FV10-930-1NC]

 
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 (44 
U.S.C. Chapter 35), this notice announces the Agricultural Marketing 
Service's (AMS) intent to request an extension for and revision to a 
currently approved information collection for Tart Cherries Grown in 
Michigan, New York, Pennsylvania, Oregon, Utah, Washington and 
Wisconsin, Marketing Order No. 930 (7 CFR part 930).

DATES: Comments on this notice must be received by June 11, 2010.
    Additional Information or Comments: Contact Andrew Hatch, 
Supervisory Marketing Specialist, Marketing Order Administration 
Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence 
Avenue, SW., Stop 0237, Washington, DC 20250-0237; Telephone: (202) 
720-6862, Fax: (202) 720-8938.
    Small business may request information on this notice by contacting 
Antoinette Carter, Marketing Order Administration Branch, Fruit and 
Vegetable Programs, AMS, USDA, 1400 Independence Avenue, SW., Stop 
0237, Washington, DC 20250-0237; Telephone (202) 690-3919; Fax (202) 
720-8938.

SUPPLEMENTARY INFORMATION:
    Title: Tart Cherries Grown in Michigan, New York, Pennsylvania, 
Oregon, Utah, Washington and Wisconsin, Marketing Order No. 930 (7 CFR 
part 930).
    OMB Number: 0581-0177.
    Expiration Date of Approval: August 31, 2010.
    Type of Request: Extension and revision of a currently approved 
information collection.
    Abstract: Marketing order programs provide an opportunity for 
producers of fresh fruits, vegetables and specialty crops, in a 
specified production area, to work together to solve marketing problems 
that cannot be solved individually. Under the authority of the 
Agricultural Marketing Agreement Act of 1937 (AMAA), as amended (7 
U.S.C. 601-674), industries may enter into marketing orders. The 
Secretary of Agriculture oversees their operations and issues 
regulations recommended by a committee of representatives from each 
commodity industry.
    The information collection requirements in this request are 
essential to carry out the intent of the AMAA, and to administer the 
program, which has operated since 1996.
    The tart cherry marketing order (7 CFR part 930) regulates the 
handling of tart cherries in Michigan, New York, Pennsylvania, Oregon, 
Utah, Washington, and Wisconsin, hereinafter referred to as the 
``order.'' The order authorizes volume regulations that provide for a 
reserve pool in times of heavy cherry supplies. Provisions not 
currently in use include minimum grade and size regulations, and market 
research and development projects, including paid advertising.
    The order, and rules and regulations issued there under, authorize 
the Cherry Industry Administrative Board (Board), the agency 
responsible for local administration of the order, to require handlers 
and growers to submit certain information. Much of this information is 
compiled in aggregate and provided to the industry to assist in 
carrying out marketing decisions.
    The Board has developed forms as a means for persons to file the 
required and minimum necessary information with the Board relating to 
tart cherry inventories, shipments, diversions, and other information 
needed to effectively carry out the requirements of the order, and 
their use is necessary to fulfill the intent of the AMAA as expressed 
in the order. Since this order regulates canned and frozen forms of 
tart cherries, reporting requirements will be in effect all year. A 
USDA form is used to allow growers to vote on amendments or continuance 
of the marketing order. In addition, tart cherry growers and handlers 
who are nominated by their peers to serve as representatives on the 
Board must file nomination forms with the Secretary. Formal rulemaking 
amendments to the order must be approved in grower referenda conducted 
by the Secretary. In addition, USDA may conduct a referendum to 
determine industry support for continuation of the order. Finally, 
handlers are asked to sign an agreement to indicate their willingness 
to comply with the provisions of the order if the order is amended. 
These forms are included in this request.
    The information collected is used only by authorized 
representatives of the USDA, including AMS, Fruit and Vegetable 
Programs' regional and headquarter's staff, and authorized employees of 
the Board. Authorized

[[Page 18471]]

Board employees and the industry are the primary users of the 
information, and AMS is the secondary user.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average .183 hours per response.
    Respondents: Tart cherry growers and for-profit businesses handling 
fresh and processed tart cherries produced in Michigan, New York, 
Pennsylvania, Oregon, Utah, Washington, and Wisconsin.
    Estimated Number of Respondents: 943.
    Estimated Number of Responses per Respondent: 4.93.
    Estimated Total Annual Burden on Respondents: 852 hours.
    Comments: 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 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 through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology.
    Interested persons are invited to submit written comments 
concerning this rule. Comments should be sent to the Docket Clerk, 
Marketing Order Administration Branch, Fruit and Vegetable Programs, 
AMS, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 
20250-0237; Fax: (202) 720-8938; or Internet: http://www.regulations.gov. Comments should reference the docket number and 
the date and page number of this issue of the Federal Register. All 
comments received will be available for public inspection during 
regular business hours at the same address, or can be viewed at: http://www.regulations.gov. 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.

    Dated: April 7, 2010.
David R. Shipman,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2010-8280 Filed 4-9-10; 8:45 am]
BILLING CODE 3410-02-P
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