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Notice of Request for Extension and Revision of a Currently Approved Information Collection

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Agricultural Marketing Service, USDA.


Notice and request for comments.


In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request an extension for and revision to a currently approved Information Collection for the Export Fruit Acts covering exports of apples and grapes.


Comments on this notice must be received by May 28, 2004 to be assured of consideration.


Interested persons are invited to submit written comments concerning this rule. Comments should reference the docket number and the date and page number of this issue of the Federal Register. Comments must be sent to the Docket Clerk, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMSA, USDA, 1400 Independence Avenue, SW., STOP 0237, Washington, DC 20250-0237; fax (202) 720-8938; or e-mail to:

Additional Information or Comments: Contact Caroline Thorpe, Marketing Order Administration Branch, F & V, AMS, USDA, 1400 Independence Avenue SW., Stop 0237, Washington, DC 20250-0237, telephone (202) 720-8139 or fax (202) 720-8938, or e-mail to

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Title: Export Fruit Regulations—Export Apple Act (7 CFR part 33) and Export Grape and Plums (7 CFR part 35).

OMB Number: 0581-0143.

Expiration Date of Approval: May 31, 2004.

Type of Request: Extension and revision of a currently approved Information Collection.

Abstract: Fresh apples and grapes grown in the United States and shipped to a designated foreign destination must meet minimum quality and other requirements established by regulations issued under the Export Apple Act (7 U.S.C. 581-590) and the Export Grape and Plum Act (7 U.S.C. 591-599) (Acts). Currently, plums are not regulated under the Act. The regulations issued under the Acts cover exports of fresh apples and grapes grown in the United States and shipped to foreign destinations, except Canada and Mexico. Certain limited quantity provisions may exempt some shipments and exporters from this Information Collection. The Secretary of Agriculture is authorized to oversee the implementation of the Acts and issue regulations regarding that activity.

The Information Collection requirements in this request are essential to carry out the intent and administration of the Acts. Both Acts were designed to promote foreign trade in the export of apples, grapes and plums grown in the United States; to protect the reputation of the American-grown commodities; and to prevent deception or misrepresentation of the quality of such products moving in foreign commerce. The Acts have been in effect since 1933 (apples) and 1960 (grapes).

The regulations issued under the Acts (7 CFR 33.11 for apples and § 35.12 for grapes) require that the U.S. Department of Agriculture (USDA) officially inspect and certify that each export shipment of fresh apples and grapes is in compliance with quality and shipping requirements effective under the Acts. Shipments are inspected and certified by Federal or Federal-State Inspection Service (FSIS) inspectors. FSIS is administered by USDA.

The Information Collection requirements in this action impose the minimum burden necessary to effectively administer the Acts.

The Information Collection burden for this action is primarily in the form of recordkeeping. Export Form Certificates (certificates) issued by FSIS are used to facilitate the export process. The certificates are not completed by the exporters or carriers and are not filed with USDA. The certificates are retained by each exporter, and third party carrier which ships the commodity, to verify their compliance with the Acts. There are an estimated 80 exporters of apples and grapes and an estimated 20 carriers which transport those shipments. Pursuant to the Acts, exporters and carriers must retain inspection certificates for three years.

Estimate of Burden: Public reporting burden for this collection of information is estimated to average .25 hours per response.

Recordkeepers: Apple and grape exporters and carriers.

Estimated Number of Recordkeepers: 100.

Estimated Number of Responses: 100.

Estimated Number of Responses per Respondent: 1.

Estimated Total Annual Burden on Recordkeepers: 25 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.

Comments may be sent to Docket Clerk, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, D.C. 20250-0237. Comments should reference the docket number, the date, and the page number of this issue of the Federal Register. Comments received will be available for public inspection during regular business hours in Room 2525 at the same address. All comments received on this action can be viewed at:​fv/​moab.html.

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.

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Dated: March 25, 2004.

A.J. Yates,

Administrator, Agricultural Marketing Service.

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[FR Doc. 04-7037 Filed 3-26-04; 8:45 am]