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

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Foreign Agricultural Service, USDA.


Notice and request for comments.


In accordance with the Paperwork Reduction Act, this notice announces the U.S. Department of Agriculture's intention to request a revision of a currently approved information collection in support of the Dairy Tariff-Rate Import Quota Licensing program.


Comments should be submitted no later than January 4, 2010.

Additional Information and Comments: Contact Bettyann Gonzales, Dairy Import Specialist, Office of Trade Programs, Foreign Agricultural Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Mail Stop 1021, Washington, DC 20250-1021, or by telephone at (202) 720-1344.

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Title: Dairy Tariff-Rate Import Quota Licensing Program.

OMB Number: 0551-0001.

Expiration Date of Approval: March 31, 2010.

Type of Request: Revision of a currently approved information collection.

Abstract: The currently approved information collection supports the Dairy Tariff-Rate Import Quota regulation (the Regulation) (7 CFR 6.20-6.37) which governs the administration of the import licensing system applicable to most dairy products subject to tariff-rate quotas (TRQs). The TRQs were established in the Harmonized Tariff Schedule of the United States (HTS) as a result of certain provisions in the Uruguay Round Agreements Act (Pub. L. 103-465) that converted existing absolute quotas to TRQs. Imports of nearly all cheese made from cow's milk (except soft-ripened cheese such as Brie) and certain non-cheese dairy products (including butter and dried milk) are subject to TRQs and the Regulation. Licenses are issued each quota year to eligible applicants and are valid for 12 months (January 1 through December 31). Only licensees may enter specified quantities of the subject dairy articles at the applicable in-quota tariff-rates. Importers who do not hold licenses may enter dairy articles only at the over-quota tariff-rates.

Each quota year, all applicants must submit form FAS 923 (rev. 7-96). This form, available online, requires applicants to: (1) Certify they are either an importer, manufacturer, or exporter of certain dairy products; (2) certify they meet the eligibility requirements of § 6.23 of the Regulation; and (3) submit documentation required by § 6.23 and § 6.24 as proof of eligibility for import licenses. Applicants for non-historical licenses must also submit form FAS 923A (rev. 7-96) (cheese) and/or FAS 923B (rev. 7-96) (non-cheese dairy products). This form requires applicants to request licenses in descending order of preference for specific products and countries listed on the form.

After licenses are issued, § 6.26 requires licensees to surrender by October 1 on form FAS 924A, License Surrender Form, any license amount that a licensee does not intend to enter that year. These amounts are reallocated, to the extent practicable, to existing licensees for the remainder of that year based on requests submitted on form FAS 924B, Application for Additional License Amounts. Form FAS 924A and 924B (one form) requires the licensee to complete a table listing the surrendered amount by license number, or listing the additional amounts requested by dairy article, supplying country and amount requested, in descending order of preference.

The estimated total annual burden of 291 hours in the Office of Management and Budget (OMB) inventory for the currently approved information collection will be increased by 168 hours to 459 hours. The public reporting burden for this collection of currently approved forms FAS 923, FAS 923A and 923B (one form) (rev. 7-96) is estimated to average 436 hours; and FAS 924A and 924B (one form) is 23 hours. The estimated increase in burden hours is due to the increased number of applications.

Estimate of burden: The average burden, including the time for reviewing instructions, gathering data needed, completing forms, and record keeping is estimated at .75 hour for form FAS 923, 923-A, 923-B (rev. 7-96) and .15 hour for form FAS 924A, 924B.

Respondents: Importers and manufacturers of cheese and non-cheese dairy products, and exporters of non-cheese dairy products.

Estimated number of respondents: 550 for form FAS 923, 923A, 923B (rev. 7-96) and 150 for form FAS 924A, 924B (rev. 7-96).

Estimated Number of Responses per Respondent: 1.

Estimated Total Annual Burden: 459 hours.

Requests for Comments: Send comments regarding (a) 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; (b) the accuracy of the agency's estimate of the burden of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology. Comments may be sent to Bettyann Gonzales, Dairy Import Specialist, Office of Trade Programs, Foreign Agricultural Service, U.S. Department of Agriculture, 1400 Independence Avenue, SW., Stop 1021, Washington, DC 20250-1021, or by telephone at (202) 720-1344, or by e-mail

Persons with disabilities who require an alternative means for communication of information (Braille, large print, audiotape, etc.) should contact USDA's Target Center at (202) 720-2600 (voice and TDD). All responses to this notice will be summarized and included in the request for OMB approval. All comments also will become a matter of public record.

FAS is committed to compliance with the Government Paperwork Elimination Start Printed Page 57142Act (GPEA), which requires Government agencies, in general, to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. Electronic submission of the information collection was implemented on September 2005 in compliance with the GPEA.

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Signed at Washington, DC, on October 26, 2009.

Michael V. Michener,

Administrator, Foreign Agricultural Service.

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[FR Doc. E9-26620 Filed 11-3-09; 8:45 am]