Vegetable Crops (0581-0178) - Supporting Statement revised

2024 SUPPORTING STATEMENT

Vegetable and Specialty Crops Marketing Orders

OMB NO. 0581-0178

1. JUSTIFICATION

   1. EXPLAIN THE CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY. IDENTIFY ANY LEGAL OR ADMINISTRATIVE REQUIREMENTS THAT NECESSITATE THE COLLECTION.

Marketing Orders (Orders) and Agreements (Agreements) are authorized by the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601-674; Act). This legislation was designed to permit regulation of certain agricultural commodities for the purpose of providing orderly marketing conditions in interstate and intrastate commerce and improving financial returns to producers. The Act provides in section 608d(1) that information necessary to determine the extent to which an order has effectuated the declared policy of the Act shall be furnished at the request of the Secretary of Agriculture (Secretary).

Marketing orders and companion agreements become effective only after public hearings are held in accordance with formal rulemaking procedures specified by the Act. Marketing orders and agreements can authorize the issuance of grade, size, quality, maturity, inspection requirements, pack and container requirements, and pooling and volume regulations. Some marketing orders also provide authority for research and development, including paid advertising. Pursuant to section 608e(1) of the Act, certain grade and condition requirements are imposed on commodities imported into the United States for which marketing orders regulate domestic production.

This information collection is necessary for the Secretary and the commodity committees to monitor adherence to the Order regulations.

2. INDICATE HOW, BY WHOM, HOW FREQUENTLY, AND FOR WHAT PURPOSE THE INFORMATION IS TO BE USED. EXCEPT FOR A NEW COLLECTION, INDICATE THE ACTUAL USE THE AGENCY HAS MADE OF THE INFORMATION RECEIVED FROM THE CURRENT COLLECTION.

Marketing orders and agreements, along with the rules and regulations issued thereunder, authorize Agricultural Marketing Service (AMS)-supervised and industry-operated committees to collect certain information from handlers and producers. (7 CFR Part 900). As a convenience to the handlers and producers who submit this information, AMS and the committees have created the forms listed below as a means for providing the requested information to the appropriate committee. These forms require the minimum information necessary to effectively carry out the requirements of the appropriate marketing order. The AMS issues and maintains the following forms, which are authorized as notice with 7 Code of Federal Regulations citations below:

1. Background Questionnaire for Public Members and Alternates, SC-8: 955.22; 956.24; 958.22; 982.34; 984.37; 985.23; 989.30 and 989.32: Each marketing order is administered by a committee consisting of producer/growers, handler, and public members. Committee nominees are required to complete and submit this form, which requests information pertaining to the nominee’s relation to the industry overseen by the committee on which he or she wishes to serve. The Secretary uses this information to determine whether nominees are eligible to serve in the positions for which they are nominated. The Background Questionnaire includes a statement that the nominee signs, certifying that he or she will uphold the committee ethics regulations if elected. AMS uses this form, which is contained in OMB No. 0581-0177, in multiple marketing orders.

2. Background Questionnaire for Industry Members, SC-9: 932.29, 945.25;; 948.58; 955.22; 956.24; 958.22; 959.27; 966.27; 981.34; 982.34; 984.39; 985.23; 987.25; 989.30 and 993.26: Each marketing order is administered by a committee consisting of producer/growers, handler, and public members. Committee nominees are required to complete and submit this form, which requests information pertaining to the nominee’s relation to the industry overseen by the committee on which he or she wishes to serve. The Secretary uses this information to determine whether nominees are eligible to serve in the positions for which they are nominated. The Background Questionnaire includes a statement that the nominee signs, certifying that he or she will uphold the committee ethics regulations if elected. AMS uses this form, which is contained in OMB No. 0581-0177, in multiple marketing orders.

3. Committee Nomination Ballots, SC-236A and SC-236B (§§ 900.403 and 932.68); SC-269 and SC-273 (§§ 932.25, 932.28); SC-223 (§ 989.29); F/H Form F(2), F/H Form F(3), and F/H Form F(4) (§ 982.32); No form numbers (§ 955.22; 984.37, 984.437; 987.24, 989.29, 993.28(a) and 993.128): This form is used by producers and handlers to nominate candidates to serve as producer, handler, and public members on the committees. The forms are submitted to the appropriate committee, who manage the elections.

4. Letter of Acceptance, No form numbers (§§, 948.59, 955.24, 959.29, 966.29, 987.25, and 993.31): A letter of acceptance is mailed for signature by the Secretary to each nominee aspiring to gain a seat on the committee. By signing the letter, the new member agrees to serve and administer the marketing order to the best of his or her ability.

5. Marketing Agreement, SC-325 (§ 900.14): This is a generic marketing agreement form used by all commodities in this information collection. This form will be modified as appropriate by each commodity. This form is used whenever a marketing order is promulgated or amended. Handlers voluntarily sign the marketing agreement, indicating their willingness to abide by the regulations in the respective marketing order. Referendum agents distribute and collect the marketing agreements from the handlers.

6. Certificate of Resolution: SC-30B; SC-31A; SC-50B; SC-51A; SC-60B; SC-63A; SC-89A; SC-113A; SC-114B; SC-127A; SC-131B; SC-132A; SC-136B; SC-137A; SC-169A; SC-225A; SC-235A (§ 900.14): A corporation or cooperative’s board of directors may attach this form to the marketing agreement to validate that the organization has resolved to be a party to the Agreement.

7. Producer and Cooperative Amendatory Ballot, SC-2 and SC-3 (§§ 900.403 and §§ 900.402): Producers and use these forms to indicate their level of support for amendments to an existing marketing order and by the committees to verify voter eligibility. Cooperatives may bloc-vote by attaching a Certificate of Resolution verifying that the association resolved whether to support the amendments. Burden is inclusive of all commodities in this forms package.

8. Producer Continuance Referendum, SC-60, SC-60A (§§ 900.403), SC-224 and SC-225B (§ 989.91): This version of the SC-60 is used under multiple marketing orders during continuance referenda that AMS conducts every five or six years for certain programs. Eligible producers complete the form to vote on the continuance of a marketing order and by the committees to verify voter eligibility. Cooperatives may bloc-vote by attaching a Certificate of Resolution verifying that the association resolved whether to support the continuance. The SC-224 and SC-225B are used specifically under the raisin marketing order.

9. Certificate of Privilege, Form 3 (§§956.66, 956.80, 956.163); SC-34 (§§ 958.56 and 958.328); and FTC-108 (§§ 966.120 and 966.323), No form numbers (§§ 945.56, 945.80, 945.122, 945.341, 948.24, 948.120, 948.121, 948.122, 959.122): Commodities that are shipped to the fresh market must meet certain requirements in grade, size, quality, maturity, pack, container, and inspection. The same commodities shipped to other outlets are exempt from these requirements, provided they meet certain safeguards, one of which is a certification that a commodity shipped to an exempt outlet will not enter fresh market channels. To receive this exemption, a handler must apply to the appropriate committee and acquire this certificate permitting each such shipment. Committees use this form to verify compliance with these requirements.

10. Special Purpose Shipment, SC-36 (§ 958.56 and 958.328); COC-155 (§ 932.55 and 932.155); FTC-110 (§§ 966.122 and 966.323); Form 4 (§§956.66, 956.80 and 956.163); FTC-111 (§ 966.124); No form number (§§ 946.55, 946.122, 946.336, 948.23, 948.24, 948.120, 948.121, 948.124, 948.386, and 948.387 and 959.124): These forms are used by handlers and receivers to report to the committees on shipments made under Certificates of Privilege to special purpose or exempt outlets. This information is used by committees for compliance purposes.

11. Application for Registered Handler, Form 2 (§ 956.180); No form number (§ 959.103); FTC-102-75 (§ 966.113); FTC-103 (§§ 966.56(a) and 966.323(d)(3)): This form is used by the committees to register handlers of applicable commodities. Handlers supply their contact information to the appropriate committee, who use the information to keep handlers apprised of pertinent industry information throughout the crop season.

12. Recordkeeping: No form numbers (§§ 932.61, 945.80, 948.80, 955.60, 956.80, 958.65, 959.80, 966.80, 981.70, 982.71, 984.80, 984.480, 985.61, 987.168, 989.176, 993.59, 993.150c(1), 993.159, 993.173, 993.162, and 999.1): Handlers are required to maintain records for specified time periods, of the amount of commodity acquired, used, or disposed of, in compliance with committee requirements, who use the information to track industry production.

Order No. 932 – Olives:

The California Olive Committee (COC) maintains a web-based system through which handlers complete and submit their forms electronically. Currently the COC 3c and COC 5 are electronic. This is an ongoing process and screenshots with be submitted to OMB as they become available. The COC is continuing to enhance the electronic system but the end goal is to have all forms available electronically.

1. Weight and Grade Report, COC-3c (§§ 932.51(a)(1)(i) and 932.151(b)): Handlers may not process any lot of natural condition olives without first having them weighed by the State of California, and receiving an official weight certificate, and then also providing the COC with the information.

2. Pack and Certification Report, COC-4 (§ 932.152(c)): Handlers use this form to report daily to the AMS inspection service each day the number of cases of olives packed the previous day, and the can size, variety, fruit size, etc. of the fruit. The inspection service then issues a certificate for the fruit that meets the minimum quality and size requirements.

3. Report of Limited, Undersized, and Cull Olives, COC-5 (§§ 932.51 and 932.151(e): This form is used to report fruit packed as limited-use styles, and the disposition of fruit that is undersized and culls. This form enables the COC to verify the disposition of fruit and track such fruit, as well as provide certification of the fruit by the AMS inspection service.

4. Statement of Assessable Tonnage, COC-13 (§ 932.29): Handler use this form once each season to report their obligation to the COC for assessments on canned ripe olives. Without this form, the COC could not be able to collect assessments on a pro-rata basis, as required by the Order.

5. Final Assessment Payment, COC-17 (§ 932.139): This form is used at the end of each season to report the final assessment obligation of each handler to the COC. This form is also the basis for pro-rata assessments on handlers.

6. Weekly Report of Olives Received, COC-19 (§§ 932.61 and 932.161(a)): Handlers file this weekly form with the COC, reporting the size designation and culls in the respective quantity of each variety of olives received the week before. The COC uses this form to track historical and seasonal information regarding the sizes and quality of incoming fruit, as well as to track assessments.

7. Grower Authorization to Combine Lots, COC-23 (§§ 932.61 and 932.151(f)(3): Growers use this form to authorize handlers to combine lots of natural condition olives with other lots for the purpose of weighing and size-grading. The COC uses this information for compliance purposes.

8. Inventory Holdings of Canned Ripe Olives, COC-27a (§§ 932.161 and 932.161(d)(1)): Handlers file this form twice per month with the COC to report inventories of packaged olives yet to be sold. This report assists the COC in tracking the status of fruit in inventory.

9. Inventory Holdings of Limited Use Olive, COC-27b (§§ 932.61 and 932.161(d)(2), (e)(2)): Handlers file this form with the COC on a monthly basis to document the inventories of packaged limited-use style olives yet to be sold. This report assists the COC in tracking the status of fruit in inventory, assisting in the support of the market development program.

10. Report of Canning Size Olives in Storage, COC-27c (§§ 932.61 and 932.161(e)(1)): Handlers use this form to report to the COC once a month the tonnage of fruit held in storage that may be used for in the production of packaged olives. The COC uses this information for various marketing projects.

11. Packout Report of Canned Ripe Olives, COC-28a (§§ 932.61 and 932.161(f)(1)); and Packout Report of Canned Ripe Olives – Limited Use COC-28b (§§ 932.61 and 932.161(f)(2)): Handlers file these forms with the COC on a monthly basis, reporting the total production of packaged olives. Form COC-28a reports on whole, pitted, and broken pitted styles of olives; form COC-28b reports on halved, sliced, segmented, and chopped styles. The COC uses this information to target certain markets within the marketing development program.

12. Sales of Canned Ripe Olives, COC-29a and COC-29b (§§ 932.61, 932.161(b)(2)(i), 932.161(b)(2)(ii)): Handlers uses these forms to report on a monthly basis to the COC, the quantity of olives sold during the month. Form 29a reports on whole, pitted, and broken pitted styles of olives; form COC-29b reports on limited use styles of olives. The information provided by this report assists in the COC’s marketing efforts.

13. Inter-handler Sale or Purchase of Canned Ripe Olives, COC-30 (§ 932.61): Handlers use this form to report inter-handler sales or purchases on an as-needed basis. The Committee uses this information to track assessments.

14. Grower Identification Number Application, COC-33 (§ 932.35(c)): This form and the issuance of a identification number to users facilitate the submission for other forms through the COC’s electronic reporting system.

Order No. 945 - Idaho/E. Oregon Potatoes:

1. Receiver’s Certificate of Use, No form number (§§ 945.56): This form certifies that potato shipments to exempt outlets do not enter fresh market channels. After receiving the Application for Certificate of Privilege from the handler, the Idaho-Eastern Oregon Potato Committee staff completes the shipment information on the Receiver’s Certificate of Use and sends it to the receiver. The receiver checks his records to verify that the shipment was received and then signs the certification, and returns it to the Committee office. The Committee uses this information for compliance and verification purposes.

2. Certificate of Privilege Shipment Summary, No form numbers (§§ 945.56): Once a handler is issued a Certificate of Privilege for special use, grade exemption potatoes, the handler must document each sales contract relating to potatoes shipped for special use. At the end of the season, the Committee verifies these sales and sends this form to the handler for review, who records the actual quantity of potatoes shipped, and then certifies that the information on the form is correct. The same forms are also sent to receivers of special use potatoes to cross-check the accuracy of the information. The Committee needs this information for compliance and verification purposes.

3. Application for Approval as a Canner, Freezer, or Other Processor or Preparer of Potato Products for Special Purpose Shipment Report, No form number (§§ 945.56, 945.80 and 945.341): Applicants file this form with the Committee, seeking approval to be added to the Committee-approved list of receivers of special purpose potatoes. Handlers may ship special purpose potatoes only to receivers on this list. Applicants certify that any special purpose potatoes will not be placed in fresh market channels. The Committee uses the information on this form to track compliance with special purpose shipments and to maintain accurate data on approved applicants.

Order No. 948 - Colorado Potatoes:

1. Application for Hardship Exemption (Area II), No form number (§ 948.30 and 948.130); Application for Hardship Exemption (Area III), No form number (§ 948.30 and 948.130): Producers can use this form to apply for an exemption from a grade and size regulation due to acts beyond his or her control or reasonable expectations. The Colorado Potato Administrative Committee uses this information to determine whether an exemption should be granted.

2. Handler Application for Waiver of Inspection (Area III), No form number (§ 948.30); and Waiver of Inspection – Weekly Shipment Report (Area III), No form number (§ 948.30): Handlers file this form with the Committee to request permission to ship potatoes without inspection, and in return, file certain information about the shipments with the Committee on the Waiver of Inspection – Weekly Shipment Report. The Committee uses this information for compliance purposes.

Order No. 955 - Vidalia Onions:

1. Monthly Vidalia Onion Handler Report Form, SC-181 (§ 955.60): Handlers file this monthly report with the Vidalia Onion Committee to report the volume of onions received or acquired, the businesses dealt with, and the assessment due. The Committee uses this information to determine a handler’s assessment obligation and to verify that the assessment paid is correct.

Order No. 956 - Walla Walla Onions:

1. Handler’s Statement of Walla Walla Sweet Onion Shipments, Form 1 (§§ 956.80 and 956.180): This form is completed by regulated handlers of Walla Walla sweet onions on an annual basis, documenting onion production and to which regions onions were shipped. Handlers also use this information to determine the assessments they owe, and the Committee uses this information to verify assessment payments.

Order No. 958 - Idaho/Oregon Onions:

1. Onion Diversion Report, SC-35 (§§ 958.56 and 958.180): Handlers use this form to report to the Idaho-Eastern Oregon Onion Committee shipments of onions that were diverted from fresh market channels. The Committee uses this information to verify that only authorized outlets are used.

2. Fresh Cut Report, SC-37 (§ 958.328): Onions that have been inspected and certified as meeting the grade and size provisions of the regulations, and which are subsequently altered through peeling, chopping, or slicing, may be shipped from the production area without reinspection. Each handler making shipments of onions for such purposes provides the Committee with a copy of the original inspection certificate verifying that minimum marketing order requirements have been met. The Committee uses this information for compliance purposes.

3. Assessment Credit Report, SC-38 (§§ 958.42, 958.240 and 958.250): Handlers file this form with the Committee when they want an assessment credit for onions that have been regraded, resorted, repacked, or shipped in accordance with a special purpose shipment. With this form, which is newly number and previously did not have a form number, handlers indicate the purpose of the handling of onions, such as regarding, dehydration, freezing, planting, livestock feed, charity, etc. The Committee uses this information to accurately assess handlers.

Order No. 959 - South Texas Onions:

1. Onion Acreage Registration, No form number (§ 959.115): Handlers submit this form to the South Texas Onion Committee to document their growers’ onion acreage. The Committee uses this information as a statistical base for its market development programs.

2. Certification for Handling Onions for Processing (Canners and/or Freezers), No form number (§ 959.126): Handlers file this form with the Committee to certify that they agree to the rules applicable to handling culled onions. The Committee uses this information for compliance purposes.

3. Certification for Subcontractors Who Peel and/or Chop Onions for Processors for Special Purpose Onion Shipments, No form number (§ 959.126): Handlers file this form with the Committee, certifying that subcontractors who handle onions for peeling or chopping understand the Order regulations for doing so. The Committee uses this information for compliance purposes.

4. Relief or Charity Certification for Handling Onions that Fail to Meet the South Texas Onions Rules and Regulations, No form number (§ 959.126): This form accompanies the Report of Special Purpose Shipment, and verifies that the onions will be used for relief or charity purposes. The Committee included an email line and changed the fax number.

Order No. 981 - California Almonds:

The Almond Board of California maintains its forms in a document database, which uses a proprietary software program to generate the forms for its handlers. This process may modify the appearance of the Board’s forms slightly in margin size or font type, but the OMB-approved content is not affected. Three of these forms, ABC-1, ABC 25-1, and ABC 25-2, are submitted electronically through an online portal on the Board’s webpage.

1. Summary Report, ABC-1 (§§ 981.72 and 981.472(a)): This monthly report is filed with the Board to document handlers’ receipts of almonds from growers through the online portal. The Board uses this information to corroborate inspection certificates and track almond dispositions.

2. Redetermination Report, ABC-2 (§§ 981.73 and 981.473): Handlers file this form with the Board three times per year to report almond inventory carryover, shipments, transfers, and inventories. The Board uses the form to determine and sometimes adjust handlers’ assessments and reserve obligations.

3. Current Inventory for Next Redetermination Report, ABC-2A (§§ 981.73 and 981.473): Handlers can choose to have the Board calculate the inventory information on form ABC-2 by completing this letter three times per year and returning it to the Board along with their inventory data.

4. Inter-handler Transfer of Almonds, ABC-7 (§§ 981.55 and 981.455(a)): Handlers use this form to report to the Board transfers of almonds from one handler to another. The Board uses this information to adjust assessment and reserve obligations accordingly.

5. Inedible and Exempt Outlet Disposition, ABC-8 ((§ 981.442((a)(5): Handlers file this form with the Board to certify the correct and proper disposition of pickouts, meal, pieces and other almond material and waste unfit for processing.

6. Transfer of Unprocessed Almonds, ABC-9 (§ 981.455 (c)): This form is filed by handlers when unprocessed almonds are transferred to another handler. The Board uses this information to track transfers, permitting it to make necessary adjustments of each handler’s inedible obligation and receipts.

7. Reserve Credit Transfer or Reserve Withholding Obligation Transfer, ABC-11 (§ 981.455(b)): This form is filed by handlers to report transfers of reserve almond disposition credits. It is used by the Board to identify the handlers, track the quantity of almonds being transferred, and to make appropriate adjustments to reserve disposition obligations.

8. Agency Agreement - Disposition of Reserve to Non-Competitive Outlets, ABC-12 (§§ 981.67 and 981.467)): This is an agreement between a handler and the Board, wherein a reserve is established, and almonds are to be disposed of in reserve outlets. Once the agreement is approved by the Board, handlers are authorized to dispose of reserve almonds as agents of the Board.

9. Intention to Ship Reserve Almonds, ABC-13 (§§ 981.74 and 981.474(b)): This form is filed by handlers when reserve almonds are diverted to non-competitive outlets. The information generated from this form assists the Board in tracking reserve almonds and crediting handlers’ reserve disposition obligations.

10. Completion of Disposition of Reserve Almonds, ABC-14 (§§ 981.74 and 981.474(b)): Handlers file this form on completion of the disposition of reserve almonds. The information generated from this form assists the Board in tracking reserve almonds and crediting handlers’ reserve disposition obligations.

11. Independent Grower Ballot, ABC-15 (§ 981.32): Producers prepare this form to nominate candidates to serve as a non-cooperative producer member on the Board. The one-page form provides space for the respondent to write in names of independent grower primary members and alternates, as well as their own name, signature and business title.

12. Independent Handler Ballot ABC-16 (§ 981.32): Handlers use this form to nominate candidates to serve as a non-cooperative handler member on the Board. The one-page form provides space for the respondent to write in names of independent handler primary members and alternates, as well as their own name, signature and business title. The respondent also indicates the amount of almonds they handled, so Board staff can weight their vote according to marketing order requirements in 981.32(2). This form is new to this package after OMB approved it in 2018 after AMS completed the necessary rulemaking.

13. Cooperative Grower Ballot, ABC-17 (§ 981.32): Producers affiliated with the Blue Diamond cooperative prepare this form to nominate candidates who would represent their interests to serve as a cooperative producer member on the Board. The one-page form provides space for the respondent to write in names of cooperative grower primary members and alternates, as well as their own name, signature and business title.

14. Cooperative Handler Ballot, ABC-18 (§ 981.32): Handlers who market their almonds through the Blue Diamond cooperative prepare this form to nominate candidates who would represent their interests to serve as a cooperative handler on the Board. The one-page form provides space for the respondent to write in names of cooperative handler primary members and alternates, as well as their own name, signature and business title. The respondent also indicates the amount of almonds they handled, so Board staff can weight their vote according to marketing order requirements in 981.32(2).

15. Grower Petition, ABC-19 (§ 981.32): Prior to the nomination, election, and appointment of members and alternates, Board staff mail this form annually to voting-eligible independent producers and handlers for the purpose of receiving names of qualified individuals for vacant Board positions. Names listed on this form will be included on one of the appropriate ballots.

16. Report of Shipments and Commitments, ABC-25-1 (§§ 981.74 and 981.474(a)): Handlers file this monthly form with the Board to report almond shipments and commitments through the online portal. The Board compiles this information and provides it to the industry in aggregate form.

17. Shipments by Country of Destination, ABC-25-2 (§§ 981.74 and 981.474(a)): This monthly form is filed with the Board by handlers to report almonds shipped outside the United States through the online portal.

18. Accepted User Plan, ABC-30 (§ 981.442): Handlers submit this form to the Board one time per year to demonstrate compliance with requirements to dispose of inedible material, ensuring sub-quality almonds stay out of human consumption channels. OMB approves this new form following AMS’s completion of rulemaking in 2019.

19. Accepted User Business Data Sheet, ABC-31 (§ 981.442(a)(7)): Accepted users of almonds file with this form with the Committee, providing details on the location and ownership of their organizations. This form had no form number prior to this renewal cycle.

20. Application to be Approved as an Accepted User of Inedible Almonds and Almond Waste, ABC-34 (§ 981.441(a)(7)): This form is filed by almond crushers, feed manufacturers, feeders, etc., who wish to receive and use inedible almonds. Handlers are given credit for inedible dispositions to approved accepted users. This contract permits the Board to track almonds and to verify that such inedibles have been used for authorized purposes.

21. Handler Information Sheet, ABC 42 (§ 981.474): This form is filed by handlers to provide background information to the Board, as well as to confirm that they have received a copy of the marketing order, the administrative rules and regulations, and a list of handler responsibilities.

22. Credit-Back Guide, No form number (§ 981.441(e)(6)): The Board mails this guide to its handlers, who complete the Credit-Back Statement of Intent, and the Credit-Back Claim Form and return these to the Board to request credit against their assessment obligations for their own promotional activities. The Board uses this information to track assessment obligations and for compliance purposes.

Order No. 982 - Hazelnuts:

1. Export Agreement, F/H Form A (§§ 982.52 and 982.452): This is an agreement between the Hazelnut Marketing Board and each handler who wishes to act as an agent of the Board in exporting inshell hazelnuts.

2. Sheller’s Application for Letter of Authority, F/H Form B (§§ 982.52 and 982.452): This form serves is an application for a handler to become an authorized sheller of restricted hazelnuts. Only authorized shellers are allowed to handle restricted unshelled hazelnuts under the Order. The Board uses this information to evaluate each application for approval.

3. Bonding Undertaking, F/H Form C; Bond: F/H Form C(1); Form for Justification of Sureties, F/H Form C(2); and Acknowledgment of Bonding Requirement, F/H Form C(3) (§§ 982.54 and 982.454): F/H Form C is an agreement that a handler signs specifying that it will withhold from handling a quantity of hazelnuts equal to the restricted percentage during the fiscal year, and explaining the bonding requirement of § 982.54 of the Order, allowing a handler to delay the timing of the withholding. F/H Form C(1) and F/H Form C(2) are forms that enable a handler to satisfy the bonding requirement. F/H Form C(3) is simply a notice from the Board to the handler acknowledging receipt of the handler’s bonding requirements, and places no burden on the handlers.

4. Application to be Listed as an Accepted User of Inedible Hazelnuts and Hazelnut Waste:, F/H Form D (§§ 982.53 and 982.453): Inedible hazelnuts may only be disposed of in certain manners, and by accepted users. This form allows handlers to apply for Board approval to be listed as accepted users. The Board uses this information to assess applications and to track hazelnut disposition.

5. Hazelnut Waste Product Control Report, F/H Form D(1) (§§ 982.53 and 982.453): Handlers submit this form to the Board when they intend to dispose of hazelnuts to a manufacturer, other than into the free market. The manufacturer must certify that the hazelnuts were, in fact, used for those purposes. The Board uses this information to monitor compliance with the Order.

6. Statement of Expense, F/H Form H (§ 982.37): This form is used by Board members and alternates to claim reimbursement for expenses such as mileage costs incurred during official Board duties.

7. Report of Hazelnut Certifications, Shipments and Diversion Requirements, F/H Form 1; Domestic Inshell Shipment, F/H Form 1(a); Export Inshell Shipments, F/H Form 1(b); Kernels Certified, F/H Form 1(c); Restricted Inshell Certified, F/H Form 1(d); Kernel Shipments, F/H Form 1(e); Receipt and Disposition of Hazelnuts Produced Outside the U.S., F/H Form 1(f) (§§982.68, 982.466 and 982.467): F/H Form 1 is used to keep each handler aware of their restricted obligation position. There are six different forms. F/H Form 1 is a monthly summary of the information reported on the other forms and also summarizes this information, allowing each handler to self-compute their restricted obligation positions. The Board uses this information to account for all domestic inshell sales, and for other sales or uses that result in handler credits. It also maintains industry information.

F/H Forms 1(a) - 1(e) are each completed only if activity occurs that requires information to be reported. F/H Form 1(a), is a report of domestic inshell shipments made during the reporting period.

F/H Form 1(b) is a listing of export inshell shipments made during the reporting period. This information is used to develop industry statistical data.

F/H Form 1(c) is a listing of kernels certified, by inspection certificate, during the reporting period. The data requested on F/H Form 1(c) is essentially the data contained on the official inspection certificate prepared by the Federal-State Inspection Program (FSIP).

F/H Form 1(d) is a listing of restricted inshell hazelnuts certified. The Board uses this information for compliance purposes.

F/H Form 1(e) is a listing of domestic and export kernel shipments by size. The Board uses this information for statistical purposes; data is distributed with the Distribution Reports.

F/H Form 1(f) collects information about hazelnut receipts and disposition produced outside the United States. This report provides the Board with more accurate information on the total supply of hazelnuts being handled in Oregon and Washington, and assists the Board in tracking both domestic and foreign product.

8. Exchange of Merchantable Inshell Between Handlers: F/H Form 2 (§§ 982.55, 982.56, 982.455 and 982.456): This form is used to document the exchange of merchantable inshell product between handlers, and report them to the Board. The Board uses this information for compliance purposes.

9. Request for Transfer of Free Tonnage: F/H Form 3 (§§ 982.52 and 982.460): Handlers wishing to transfer free tonnage credits among themselves can complete this form and submit it to the Board, who will evaluate the request and then approve it. The Board uses this information to track hazelnut production and assessments.

10. Declaration of Inshell Hazelnuts: F/H Form 4 (§§ 982.50 and 982.450): This form is used at the end of the year by anyone who has merchantable product on hand and wishes to carry it over as free product. This product would then be considered by the Board as if it were shipped during the preceding fiscal year.

11. Report to Hazelnut Marketing Board of Handler Carryover: F/H Form 5 (§§ 982.65 and 982.468): This report is submitted at the end of the marketing year to document ungraded hazelnuts on hand that handlers will carry over to the next season undeclared. The Board uses this information to effect the establishment of free and restricted percentages. The information is also summarized after each reporting period and is made available to the industry.

12. Hazelnuts Received, Disposed of or On Hand: F/H Form 6 (§§ 982.65 and 982.468): This report is submitted twice each year, reporting handlers’ hazelnut receipt, disposition, and on hand inventory. The Board uses this information is used for reconciliation purposes and to propagate industry statistics.

13. Report of Disposition of Restricted Set-Aside Inshell Hazelnuts: F/H Form 7 (§§ 982.52, 982.67, 982.450, 982.452, and 982.466): This form is used only by handlers who, at the end of the year, have hazelnuts set aside for restricted use. This form is used to update the Board on the time and movement of these hazelnuts.

Order No. 984 - Walnuts:

1. District 1, District 2, and At-Large Walnut Grower’s Petitions, No form numbers (§§ 984.37 and 984.437): These petitions are used by walnut growers to nominate members of the California Walnut Board. The Board uses this information to assemble the ballot.

2. Crop Acquisition Report, by County and Variety, for Crop Year, CWB-1 (§§ 984.73 and 984.473): Handlers file this report with the Board, documenting their walnut receipts from growers on or before January 15 of each marketing year. The Board uses the production information to determine the actual tonnage of each walnut crop to create an objective crop estimate. Production estimates are used by growers to plan for future production.

3. Report of Walnuts Exempt from Assessments, CWB-2 (§ 984.67): While not yet included in this three-year renewal’s burden calculation due to the form being processed through ongoing rulemaking on its own, this form will be merged into the 0581-0178 package once it is approved by OMB. Responding handlers will submit this form to the Board to apply for an exemption from paying assessments. Depending on when handlers submit the form, submission would either ensure that walnuts that are exempt from assessment are not assessed or if they are assessed, handlers would be able to receive a refund.

4. Inventory Report (Inshell and Shelled), CWB-4 and CWB-5 (§§ 984.71 and 984.471): Handlers use this form to report inventory information to the Board, who uses this data to formulate the marketing policy.

5. Report of Merchantable Walnuts Shipped, Committed and Received, CWB-6 (§ 984.72 and 984.472): Walnut handlers file this monthly report with the Board, reporting their shipments of merchantable walnuts. The Board uses this information to formulate marketing policy and to verify compliance with quality and volume regulations. Export destinations were updated. Form previously titled “Report of Merchantable Walnuts Shipped.”

6. Quarterly Report of Receipt of Walnuts Produced Outside the United States, CWB-7 (§§ 984.73 and 984.476): Handlers file this quarterly report with the Board, documenting receipts of walnuts grown outside the United States. The Board uses this information to track the supply of walnuts available within California.

7. Report of Inter-handler Transfers of Walnuts, CWB-8 (§§ 984.59, 984.76 and 984.459): Handlers who transfer walnuts to other handlers, and the handlers who receive such walnuts, file this form with the Board to document the inter-handler transfer. The Board uses this information for compliance purposes.

8. Report of Substandard Walnuts Delivered, CWB-20 (§§ 984.56, 984.64 and 984.464): Reserve or substandard walnuts can be pooled with the Board at any time, and reserve walnuts not otherwise disposed of by the end of the marketing year must be pooled. Form 20 is used to report this delivery to the Board in order for the walnut handler to obtain credit and receive payment. The Board uses this information for compliance purposes, and to account for the handler equity in the pool.

9. Application to be an Approved User of Substandard Walnuts, CWB-24-05 ; Report of Substandard Walnuts Received, CWB-24-15 (§§ 984.56, 984.64 and 984.464): Anyone wishing to use substandard walnuts for the production of oil or as an ingredient in animal fee, must apply to the Board for approval as eligible users of substandard walnuts. Approved substandard walnut users must sign a Substandard Walnut User Agreement with the Board prior to handling substandard walnuts. The Board uses this information for tracking and compliance purposes.

Order No. 985 – Spearmint Oil:

1. Application for Class 1 (Scotch) Annual Allotment: Form I-1 (§§ 985.54 and 985.154): This form is used by producers who have Allotment Base and intend to produce oil in a given year. At the beginning of each marketing season, the producer supplies the number of acres of Class 1 oil, whether the acres are new plantings or established plantings and the location of the acres. This information is obtained by the Far West Spearmint Oil Administrative Committee for compliance purposes.

2. Application for Class 3 (Native) Annual Allotment: Form I-3 (§§ 985.54 and 985.154): This form is used by producers who have Allotment Base and intend to produce oil in a given year. At the beginning of each marketing season, the producer supplies the number of acres of Class 3 oil, whether the acres are new plantings or established plantings and the location of the acres. This information is obtained for compliance purposes.

3. Annual Allotment Certificate, Class 1: Form J-1 (§§ 985.52, 985.54, 985.56, 985.57): This form is used by handlers to ascertain the amount of Class 1 (Scotch) spearmint oil that producers may market in a given marketing year. The certificate is issued annually to each producer and is submitted by the producer to the handler at the time of sale, who then completes the form. The Committee uses this information for compliance purposes. Modified the page order.

4. Annual Allotment Certificate, Class 3: Form J-3 (§§ 985.52, 985.54, 985.56, 985.57): This form is used by handlers to ascertain the amount of Class 3 (Native) spearmint oil producers may market in a given marketing year. The certificate is issued annually to each producer and is submitted by the producer to the handler at the time of sale, who then completes the form. The Committee uses this information for compliance purposes. Modified the page order.

5. Application for Additional Base, Class 1 (Scotch): Form K-1 (§§ 985.53 and 985.153): Each year, the Committee notifies all existing producers when additional spearmint oil base is available. This form is used by existing producers to apply for additional Class 1 base, which is divided equally among all applicants. The information requested on this form is used to carry out the mandates of the Order for releasing additional base each year.

6. Application for Additional Base, Class 3 (Native): Form K-3 (§§ 985.53 and 985.153): Each year, the Committee notifies all existing producers when additional spearmint oil base is available. This form is used by existing producers to apply for additional Class 3 base, which is divided equally among all applicants. The information requested on this form is used to carry out the mandates of the Order for releasing additional base each year.

7. Application for New Allotment Base, Class 1 – Scotch: Form L-1 (§§ 985.53 and 985.153): Each year, the Committee gives public notice of the availability of additional spearmint oil base. This form is filled out by new producers to apply for Class 1 base. The information requested on this form is used to carry out the mandates of the Order for releasing additional base each year. OMB recently approved small cosmetic changes and the addition of an email line.

8. Application for New Allotment Base, Class 3 – Native: Form L-3 (§§ 985.53 and 985.153): Each year, the Committee gives public notice of the availability of additional spearmint oil base. This form is filled out by new producers to apply for Class 3 base. The information requested on this form is used to carry out the mandates of the Order for releasing additional base each year.

9. Still Form (Class 1 - Green) and (Class 3 - Blue): H-1 ((§§ 985.55 and 985.155): This form is used by producers to report their Class 1 (Scotch) or Class 3 (Native) spearmint oil production to the Committee. This information is obtained for compliance and verification purposes.

10. Allotment Base Transfer Form: G-1 (§ 985.59): This form is used by the Committee to record the transfer of Class 1 or Class 3 spearmint oil base from one producer to another. The Committee retains this information for compliance purposes.

Order No. 987 - California Dates:

1. Inter-handler Transfer of Dates, CDAC-1 (§§ 987.151 and 987.51): This form enables the California Date Administrative Committee to track the current inventory and movement of dates between handlers for purposes of compliance with the marketing order.

2. Delivery Manifest, CDAC SP-1 (§§ 987.147(b) and 987.47): Handlers file this report with the Committee to track cull dates that have been delivered to the cull pool, which is operated by the Committee, and are to be used for non-human consumption. Tracking the disposition of these dates is imperative to ensure that such dates do not enter the fresh market.

3. Report of Exempt Sales, CDAC-2 (§ 987.165(a)): This form is filed annually with the Committee by handlers to report the quantity and variety of dates sold under exemption. The Committee uses this information to track the sales of exempted fruit.

4. Application to be Placed on the List of Approved Date Product Manufacturers, CDAC-3 (§§ 987.157 and 987.57): This form is filed with the Committee by prospective date processors who want to receive and process dates in the manufacturing of products in which the dates lose their whole or pitted form. Applicants must certify the location of the processing and the number of dates to be processed.

5. Date Product Manufacturer’s Report, CDAC-4 (§§ 987.157 and 987.165(b)): Handlers file this annual report with the Committee to document their date inventory for the crop year, tracking date receipts and quantity manufactured. The Committee uses this information to plan for market demand. It is also used in formulating the annual marketing policy statement.

6. Report of Handler Carry-Over, CDAC-5 (§§ 987.161 and 987.61): Handlers file this form with the Committee to document their date inventory carryover in March and October each year. The Committee uses this data to determine industry inventory and to formulate its marketing policy.

7. Monthly Report of Acquisition and Disposition of Dates, CDAC-6 (§§ 987.162 and 987.62): Handlers file this monthly report with the Committee to document changes to their date inventories. The Committee uses this information for compliance purposes and to formulate its marketing policy.

8. Report of Disposition of Product Grade Dates, CDAC-8 (§§ 987.15, 987.51, 987.157, 987.57, 987.164 and 987.64): Handlers and manufacturers use this form to verify dispositions of product grade dates. The Committee uses this information to track the inventory of product-grade dates in the production area, and to record the transfer of product-grade dates from a handler to any approved date product manufacturer.

9. Producer Application for Exemption from Regulations, CDAC-9 (§§ 987.152(a) and 987.52): Date producers file this form with the Committee, requesting exemption from regulations for dates sold at roadside stands or local date shops within 25 miles of Indio, California, by mail order, or at certified farmer’s markets in California. The Committee uses this information to make an approval determination and for compliance purposes.

10. Handler Application for Certain Exemptions from Regulations, CDAC-10 (§§ 987.152(a) and 987.152(b)(1): Handlers file this form to report to the Committee sales of dates to specialty outlets, such as candy manufacturers, health food stores and outlets, or to buyers who purchase no more than 150 pounds per day. The Committee uses this information for compliance purposes.

11. Clearance for Export of Dates to Mexico, CDAC-11(a) (§§ 987.64, 987.164, 987.112(a), and 987.112(a)(d)(3)): Handlers file this form with the Committee to report shipments of dates for export to Mexico. The Committee uses this information for compliance purposes and to verify that the fruit does not re-enter the United States.

12. Estimate of Production, CDAC-18 (§§ 987.138 and 987.13): Handlers file this annual report with the Committee to report all date acquisitions from producers and to provide an estimate of the new season’s production. The information is used by the Committee to track the location and number of assessable handlers in the industry, estimate long-term supply of dates, and prepare the annual marketing policy statement.

13. Request for Handler Exemptions – Donations, No form number (§§ 987.152(b)(1) and 987.52): Handlers wishing to donate dates to charities, prisons, or Indian reservations exempt from marketing order regulations submit requests to do so, similar to this example, to the Committee. The Committee provides this sample letter to handlers as a guideline for the information they must include.

Order No. 989 - California Raisins:

The Raisin Administrative Committee maintains its forms in a document database, which uses a proprietary software program to generate the forms for its handlers. This process may modify the appearance of the Committee’s forms slightly in margin size or font type, but the OMB-approved content is not affected.

1. Weekly Report of Standard Raisin Acquisitions, RAC-1 (§ 989.173(b)(2)); Weekly Report of Standard Organic Raisin Acquisitions, RAC-1 CO (§ 989.173(d)(2)): These weekly reports are filed by handlers to provide a weekly accounting of their standard raisin acquisitions. The Committee uses this information to monitor standard raisin acquisitions, to track the assessable tonnage and reserve pool obligation of each handler, and to establish producer equity in a reserve pool.

2. Weekly Report of Standard Raisins Received for Memorandum Receipt or Warehousing, RAC‑3 (§ 989.173(b)(3)): This form is prepared and submitted weekly by handlers who choose to receive raisins for storage only. Such raisins are so identified by the Inspection Service and may not be used by a handler until reported as an acquisition on form RAC-1. The Committee uses this information for compliance purposes.

3. Notification of Intention to Handle Raisins and Application for Inspection Point, RAC-5 (§ 989.158(A)1(ii)): This form is used by handlers to notify the Committee of their intent to handle raisins and apply for an inspection point. The purpose of this form is to register raisin handlers, which in turn assists the Committee in monitoring compliance and assessment collection.

4. Inter‑Handler Transfer of Raisins, RAC‑6 (§ 989.173(d)(1)); Inter-Handler Transfer of Organic Raisins, RAC-6 CO (§989.173(d)(3)): Handlers submit this form to the Committee to document the inter‑handler transfer of free tonnage raisins. The Committee uses this information to monitor inter‑handler transfers, verify compliance, and correctly levy assessments. Content and titles of the two forms were modified to extract references to “Free-Tonnage” following the decision to de-authorize reserve pool authority from the marketing order.

5. Application for Exemption of Experimental and Specialty Packs from Outgoing Inspection Requirements, RAC-8 (§ 989.159(f)(2)): This application is submitted by handlers seeking Committee approval for exemption of experimental and specialty packs from one or more of the inspection and certification requirements of the minimum grade standards for packed raisins. The purpose of this application is to allow the Committee to authorize handlers to ship under such an exemption.

6. Daily Pack-Out Report, RAC-15 (§ 989.159(b)(2)): This report is completed by handlers to provide information to the Committee for use in monitoring the shipment of inspected raisins.

7. Monthly Report of Free Tonnage Raisin Disposition, RAC‑20 (§ 989.173(c)(1)); Monthly Report of Free Tonnage Raisin Disposition, RAC-20 CO (§989.173(d)(3)): This monthly form is prepared by handlers to report the disposition of free tonnage raisins. The Committee uses this information to monitor free tonnage shipments and to verify that handlers are not exceeding their inspected free tonnage raisin quantities. As the season progresses, the Committee uses this information to compare actual shipments with projected shipments. This information is also used in preparing the Committee’s marketing policy statement.

8. Monthly Free Tonnage Exports by Country of Destination (Supplement to RAC-20), RAC‑21 (§ 989.173(c)(1)(iv)); Monthly Free Tonnage Organic Exports by Country of Destination (Supplement to RAC-21 CO), RAC-21 CO (§ 989.173(d)(3)): Handlers file these forms with the Committee to report free tonnage shipments to export markets. The Committee uses this information to monitor free tonnage exports by varietal type and country of destination. These forms are supplemental to the Monthly Report of Free Tonnage Raisin Disposition (RAC‑20 and RAC-20 CO) and are useful in export market planning.

9. Processor’s Report of Acquisition of Off‑grade Raisins and Raisin Material, RAC‑28 (§ 989.173((b)(6)): Processors file this monthly report with the Committee to report on the receipt of off‑grade raisins and raisin residual material. The Committee uses this information to account for off‑grade raisins and raisin residual material, thus monitoring the entry of such raisins into eligible non-normal market channels.

10. Processor’s Report of Disposition of Off‑grade Raisins and Raisin Material, RAC‑28A (§ 989.173(c)(4)): Processors file this monthly report with the Committee to report on the authorized disposition of off‑grade raisins and raisin residual material. The Committee uses this information to confirm that such raisins were disposed of by handlers in eligible non-normal markets and for compliance purposes.

11. Weekly Off‑Grade Summary: RAC‑30; Weekly Report of Disposition of Standard Raisins Recovered from Reconditioning of Off-Grade Raisins, RAC-33 (§ 989.173(b)(5)): Handlers prepare the RAC-30 on a weekly basis to account for off-grade raisin inventory. They also prepare the RAC-33 on a weekly basis to account for the disposition of reconditioned off-grade raisins. The Committee uses this information to monitor and verify that no off-grade raisins enter into standard raisin markets without proper reconditioning to remove defects.

12. Monthly Report of Disposition of Off‑Grade Raisins, Other Failing Raisins and Raisin Material, RAC‑32 (§ 989.173(c)(2)): Handlers file this monthly report with the Committee to report the disposition of off‑grade, other failing raisins, and raisin residual material into authorized outlets. The Committee uses this information to monitor and verify the disposition of such raisins into authorized outlets to prevent their disposition into standard raisin markets.

13. Application for Sale, Shipment or Disposition of Raisins or Raisin Residual Material, RAC‑35; Raisins and Raisin Residual Sales Provisions, RAC-36 (§ 989.159(g)(2)): This form is used by processors seeking Committee approval for the sale, shipment, or disposition of raisins and raisin residual materials in eligible non-normal outlets. The Committee uses this information to make an approval determination. The attachment (RAC-36) is the buyer’s signed agreement to dispose of the off-grade raisins and raisin residual material into eligible non-normal outlets. The Committee uses this information for compliance purposes.

14. Inventory of Free Tonnage Standard Quality Raisins on Hand, RAC‑50 (§ 989.173(a)); Inventory of Free Tonnage Standard Quality Organic Raisins on Hand, RAC-50 CO (§ 989.173(d)(1)): Handlers file these with the Committee to report their inventory of free tonnage or free tonnage organic raisins held at specific times requested by the Committee. The Committee uses this information to compute trade demand and make marketing policies.

15. Inventory of Off‑Grade Raisins on Hand, RAC‑51 (§ 989.173(a)); Inventory of Off-Grade Raisins on Hand – Organically Produced Raisins, RAC-51 CO (§ 989.173(d)(1)(ii)): Handlers file these forms with the Committee to report their inventory of off‑grade raisins. The Committee uses this information to determine the quantity of off‑grade raisins held at the end of the year and to formulate marketing policies.

16. Application and Agreement for Dehydrator On-Premise Inspection Service Relating to Raisins, RAC-69 (§ 989.158(e)(1)): Dehydrators requesting approval for on-premise inspection of natural condition raisins file this application with the Committee. The Committee uses this information to make authorization decisions.

17. Agreement for Voluntary Participation in the RAC Export Programs, RAC-70 (§ 989.67): Handlers sign this agreement to participate in a cash-back or raisin-back export program, certifying that all raisins exported for which an application is made under the export program are 100% in origin from grapes grown, processed, and packaged solely in California. The Committee uses this information to run the export programs and for compliance purposes.

18. Application for Exemption, RAC-75 (§ 989.60(c)): Handlers file this application to seek exemption from specific regulations specified by the Committee. The Committee uses this information to make approval determinations and to grant exemptions for raisins it deems appropriate for production, processing, and marketing and research and development.

19. Application and Agreement for Inspection of Raisins at Cooperative Bargaining Association’s Receiving Station, RAC-88 (§ 989.158(f)(1)): This form is submitted by cooperative bargaining associations seeking Committee approval to establish an inspection point, and exemption from reinspection of lots of natural condition raisins, provided that such raisins have already been inspected and stored in conformity with the terms and conditions of the application and agreement. The purpose of this form is to allow the Committee to authorize inspection at an association's receiving station and to set reporting and record keeping requirements.

20. Notice to Designate a Portion of Inspection Point Off-Limits, RAC-99 (§§ 989.158(a)(ii)): Handlers file this form with the Committee to notify the Committee of areas of the handlers’ inspection points that are off-limits for specified periods. The Committee uses this information for compliance purposes.

21. Uncashed or Unclaimed Grower Check Claim Affirmation Form, RAC-166 (§ 989.67): This is a new form that growers or their heirs use this form to request funds from the Committee for non-cashed grower checks that were distributed in previous years as payment for reserve pool raisins. The Committee uses this information to monitor the reimbursement program.

22. Monthly Report of Receipt of Raisins Produced from Grapes Grown Outside of the Production Area, RAC‑500 (§ 989.173(b)(7)): Handlers file this form with the Committee to report monthly receipts of non-California raisins. The Committee uses this information for compliance purposes.

23. Monthly Report of Disposition of Raisins Produced from Grapes Grown Outside of the Production Area, RAC‑501 (§ 989.173(c)(3)): Handlers file this form with the Committee to report monthly dispositions of non-California raisins. The Committee uses this information for compliance purposes.

24. Non-California Raisins, RAC-510 (§ 989.157): This form is prepared and submitted by handlers and used by the Inspection Service and the Committee to properly identify, document, and monitor non-California raisins. The Committee uses this information to identify, document, and monitor the handling of non-California raisins.

25. Door Receipt or Weight Certificate, No form number (§ 989.158(a)(3)): This form is currently inactive, but the Committee seeks permission to keep it in the inventory for future changes. Handlers would submit to the Committee receipts or certificates for each lot of natural condition raisins produced. The Committee used this information to compute handler acquisitions and to establish producer equity in a reserve pool.

26. Raisin Grower Survey, No form number (§ 989.36(d)): The Committee uses this survey to investigate and assemble data on the production, handling and market conditions of raisins. A current grower survey is not in use, but may be issued every three to five years to gather data on the industry.

27. Request for USDA Appeal Inspection, SC-10D (§§ 989.158(a)(5), 989.158(h)): Handlers use this form to request an appeal inspection from the Committee when their raisin lots fail to meet the requirements of the marketing order. The Committee uses this information for compliance purposes.

28. Request for Courtesy Inspection, SC-12 (§§ 989.158(a)(5), 989.158(h)): Handlers use this form to request a courtesy inspection of their raisin lots for various conditions, such as moisture, etc. The Committee uses this information for compliance purposes.

Order No. 993 – CA Prunes:

On August 1, 2005, all handling and most reporting requirements in effect under the marketing order were suspended indefinitely. Based on a recommendation from the committee, AMS is conducting rulemaking to suspend the remaining program requirements for a 7-year period, after which time the agency will determine whether to terminate the marketing order.

1. Application for Permission to Dispose of Substandard Prunes: PMC 2.2 (§ 993.50, 993.150(e)(1)(ii)): Handlers file this form with the Prune Marketing Committee when they wish to dispose of substandard prunes in a manner for non-human consumption. The Committee uses this information to track prune disposition and for compliance purposes.

2. Application for Permission to Dispose of Undersized Prunes for Non-Human Usage: PMC 2.21 (§§ 993.49, 993.50, 993.150(g)(1)): Handlers use this form to apply to the Committee for permission to dispose of undersized prunes for non-human consumption. The Committee uses this information to track the disposition of prunes for non-human consumption, and for approval and compliance purposes.

3. Handler Request to Extend Undersized Prunes Disposition Deadline: PMC 2.41 (§ 993.150(g)(1)): Handlers use this form when they cannot dispose of their undersized prunes by the crop year deadline, and need to apply to the Committee for an extension. The Committee uses this information for compliance purposes.

4. Statement of Proposed Disposition of Substandard Prunes: PMC 2.6 (§§ 993.50, 993.150(e)(1)(ii)): Handlers seeking to dispose of prunes that do not meet minimum standards use this form to apply to the Committee for approval to do so. The Committee uses this information for compliance purposes.

5. Statement of Proposed Disposition of Undersized Prunes: PMC 2.63 (§§ 993.50, 993.150(g)(2)(iv)): Handlers seeking to dispose of undersized prunes use this form to apply to the Committee for approval to do so. The Committee uses this information for compliance purposes.

6. Reserve Prunes Held by Handler: PMC 4.1 (§§ 993.73, 993.172(e)): Handlers use this form to report to the Committee reserve prune holdings. The Committee uses this information to track industry production and for compliance purposes.

7. Reserve Prunes Held by Handler for Animal Feed Disposition: PMC 4.12 (§§ 993.65, 993.73, 993.165): Handlers use this form to report to the Committee reserve prune holdings that may be used for animal feed. The Committee uses this information for compliance purposes.

8. Reserve Tonnage Sales Agreement: PMC 4.2 (§ 993.59): This is an agreement between a handler and the Committee that is signed on to when a handler purchases reserve prunes from the Committee. This information is used to monitor reserve prune sales.

9. Certificate of Insurance Coverage: PMC 4.5 (§§ 993.59, 993.159(b)): Handlers complete this form and file it with the Committee to indicate that they have obtained insurance coverage for their reserve prunes. The Committee uses this information for compliance purposes.

10. Report of Sorting Charges: PMC 4.6 (§§ 993.59, 993.73, and 993.159): Handlers use this form to report to the Committee sorting charges that are to be deducted from prune producers and dehydrators. The Committee uses this information for compliance purposes.

11. Converters Certificate of Dried Prunes for Non-Human Usage: PMC 4.7 (§§ 993.65, 993.73, 993.165(c)): Handlers file this report with the Committee to document shipments of prunes for animal feed. The Committee uses this information for compliance purposes.

12. Users Receipt of Dried Undersized Prunes for Non-Human Usage: PMC 4.71A (§§ 993.50, 993.150(g)(2)(ii)): Users of undersized prunes submit this form to the Committee, documenting from whom the prunes were received, and for what the prunes are to be used. The Committee uses this information to verify that these prunes do not enter fresh market channels.

13. Users Certificate of Non-Human Usage of Dried Undersized Prunes: PMC 4.71B (§§ 993.50, 993.150(g)(2)(iv)): Users of dried undersized prunes for non-human consumption use this form to report to the Committee the lots of such prunes that were used for non-human consumption so the Committee can verify that these prunes did not enter fresh market channels.

14. Foreign Export Notice of Receipt of Substandard Prunes for Manufacturing Purposes: PMC 4.72A (§§ 993.50, 993.150(e)): Handlers file this form with the Committee to verify that substandard prunes will be processed and exported to foreign markets. The Committee uses this information for compliance purposes.

15. Foreign Export Notice of Usage of Substandard Prunes for Manufacturing Purposes: PMC 4.72B (§§ 993.50, 993.150(e)): Handlers file this form with the Committee to document substandard prunes that were sold on the export market for manufacturing purposes. The Committee uses this information for compliance purposes.

16. Affidavit of Diversion: PMC 4.9 (§§ 993.65, 993.73, 993.165): Handlers file this form with the Committee to verify that surplus prunes were sold to a diverter pursuant to a Reserve Tonnage Sales Agreement (PMC 4.2). The Committee uses this information for compliance purposes.

17. Notice of Proposed Intent to Store Reserve Prunes: PMC 5.1 (§§ 993.57, 993.157(e)): Handlers file this form with the Committee to notify it of their intent to put reserve prunes in storage. The Committee uses this information for compliance purposes.

18. Acceptance of Offer to Sell Reserve Prunes and Attached Bidsheet Detail: PMC 6.2 and PMC 6.2F (§§ 993.65, 993.165(b)): Handlers who wish to purchase reserve prunes from the Committee file this form, indicating their agreement with the purchase terms.
    
    
    

19. Application for Purchase of Reserve Prunes for Government Purchase: PMC 6.33 (§§ 993.65, 993.165): Handlers may use this form to apply to the Committee to purchase reserve prunes for government use. The Committee uses this information to track prune disposition and for compliance purposes.

20. Assignment of Pool Equity: PMC 8.2 (§ 993.65(a)): Handlers may assign their equity in reserve prunes by completing this form and filing it with the Committee. The Committee uses this information to track prune holdings and in turn to pay any proceeds from said prunes to the correct handler.

21. Request for Replacement of Draft: PMC 8.44 (§§ 993.65, 993.165): Handlers may use this form to the report to the Committee that distributions for pool reserves were not received. The Committee uses this information to determine whether a replacement payment should be issued.

22. Claim for Reserve Pool Proceeds: PMC 8.443 (§§ 993.65, 993.165): Handlers, or their survivors, use this form to request payment from the Committee for proceeds owed to them for the sale of reserve pool prunes.

23. Prune Grower Number Assignment: PMC 8.9 (§ 993.73): Handlers use this form to request grower numbers from the Committee. The Committee uses this information to track growers who sell prunes to handlers in the regulated area.

24. Prune Grower Number Assignment Correction: PMC 8.91 (§ 993.73): Handlers use this form to request grower number assignment corrections from the Committee, who tracks growers in the regulated area.

25. Notification of Desire for Deferment of Reserve Withholding: PMC 9.1 (§§993.58, 993.158): Handlers use this form to apply to the Committee for a deferment of their surplus tonnage obligations for the crop year. The Committee uses this information for compliance purposes.

26. Application for Prune Plum Diversion (Independent Producer & Sunsweet Producer): PMC 10.1A, PMC 10.1B, PMC 10.2A, PMC 10.2B (§§ 993.62, 993.162(c)(1), (2)): Handlers use this form to the report the Committee the amount of prunes that are part of the diversion program, or to report amendments to information previously provided. The Committee uses this information for tracking and compliance purposes.
    
    
    

27. Withdrawal of Application for Prune Plum Diversion: PMC 10.13 (§§ 993.62, 993.162(c)): Handlers file this form with the Committee to request a withdrawal of a diversion application.
    
    
    

28. Diversion Certificate of Salable Tonnage: PMC 10.3 (§§ 993.62, 993.162(f)): Handlers submit this application to the Committee to seek approval for a prune diversion of surplus tonnage. The Committee uses this information to determine whether the application should be approved, and if so, endorses this application, which is then the approval diversion certificate.

29. Diverters Request for Transferable Prune Plum Diversion Certificate: PMC 10.5 (§§993.62, 993.162(f)): Handlers file this form with the Committee, reporting to whom diversion certificates should be sent. The Committee uses this information to accurately track prune diversions.

30. New Crop Supply & Inbound Prune Report: PMC 11.1 (§§ 993.72, 993.172(b)): Handlers use this form to report prune inventory to the Committee, who uses this information to determine its marketing policy.

31. Recap of Interhandler Movements: PMC 11.1A (§§ 993.72, 993.172(b)(2)(ii), (d)(3)): Handlers use this form to report to the Committee prunes that were received from other handlers or shipped to other handlers. The Committee uses this information to track the prune industry inventory.

32. Report of Shipments: PMC 12.1 (§§ 993.72, 993.172(d)): Handlers submit this form to the Committee to document prune shipments and inventory information. The Committee uses this information to determine its marketing policy.

33. Cumulative Prune Export Shipments: PMC 12.1A (§§ 993.72, 993.172(d)): Handlers use this form to report to the Committee their prune exports. The Committee uses this information for compliance purposes.

34. Report of Carryover and Marketing Policy Information: PMC 14.1 (§ 993.173(c)): Handlers file this report with the Committee to document their inventory holdings for the crop year, broken down by variety, and domestic versus export shipments. The Committee uses this information to formulate its marketing policy.

35. Report of Inventory at Close of Crop Year and Crop Year Activity in High Moisture Content Prunes: PMC 14.5 (§§ 993.49, 993.149(d)(3)): Handlers use this form to report to the Committee their inventory of high moisture content prunes for the crop year. The Committee uses this information for tracking and compliance purposes.

36. California Prune Association Non-Bearing Prune Acreage Survey: PMC 14.9 (§ 993.73): Handlers complete this survey about their non-bearing prune acreage, which they submit to the Committee, who uses this information for industry tracking purposes.

37. Release of Grower Production Information: No form number (§ 993.71): Handlers sign and submit this letter to the Committee, allowing the Committee to receive data on the handler’s production from the Federal Crop Insurance Corporation and other U.S. Government agencies. This information allows the Committee to function in accordance with Order requirements.

Order No. 999 – Specialty Crops: Import Regulations (Section 8e):

1. Prune Form No. 1 – Section 8e Entry Declaration, SC-170 (999.200(e)(2)): Importers use this form to declare the entry of section 608(e) imported prunes to be used in processing, which therefore are not subject to USDA grade requirements. USDA uses this information to monitor the movement of manufacturing grade substandard prunes.

2. Prune Form No. 2 – Section 8e Certification of Processor or Reseller, SC-171 (999.200(e)(2)): Processors and resellers use this form as a certification to USDA that the intended use of imported substandard prunes is for processing. USDA uses this information to verify that the imported prunes covered by Prune Form No. 1 are used only in processing.

3. DESCRIBE WHETHER, AND TO WHAT EXTENT, THE COLLECTION OF INFORMATION INVOLVES THE USE OF AUTOMATED, ELECTRONIC, MECHANICAL, OR OTHER TECHNOLOGICAL COLLECTION TECHNIQUES OR OTHER FORMS OF INFORMATION TECHNOLOGY, E.G. PERMITTING ELECTRONIC SUBMISSION OF RESPONSES, AND THE BASIS FOR THE DECISION FOR ADOPTING THIS MEANS OF COLLECTION. ALSO, DESCRIBE ANY CONSIDERATION OF USING INFORMATION TECHNOLOGY TO REDUCE BURDEN.

Upon approval, these forms will be used to submit information directly to the Committees that administer the respective Orders. These Committees are not part of a Federal agency, but are industry commodity Committees that operate under Federal authority and oversight.

The availability and submission of forms electronically is at the discretion of the Committees. Currently, most forms are transmitted by fax and mail. Some Committees are transmitting some forms by e-mail, but many handlers and growers do not have the ability to access electronic forms.

Information collections are periodically reviewed by each Committee to ensure that they are understood by industry members, are easy to complete, and place as small a burden as possible on the respondents.

The Almond Board of California uses an online portal for handlers to enter shipment information. Forms ABC 25-1 Report of Shipments and Commitments, ABC 25-2 Shipments by Country of Destination, and ABC-1 Summary Report are all filled out through the online database. The California Olive Committee operates a web-based system through which handlers complete and submit forms electronically. The COC 3c and COC 5 are electronic. This is an ongoing process and screenshots with be submitted to OMB as they become available.

4. DESCRIBE EFFORTS TO IDENTIFY DUPLICATION. SHOW SPECIFICALLY WHY ANY SIMILAR INFORMATION ALREADY AVAILABLE CANNOT BE USED OR MODIFIED FOR USE FOR THE PURPOSE(S) DESCRIBED IN ITEM 2 ABOVE.

Reports and forms are periodically reviewed to avoid unnecessary duplication of information collection by industry and public sector agencies. At the present time, there is no duplication between Federal agencies.

4. IF THE COLLECTION OF INFORMATION HAS SIGNIFICANT IMPACT ON A SUBSTANTIAL NUMBER OF SMALL BUSINESSES OR OTHER SMALL ENTITIES (ITEM 15 OF THE PAPERWORK REDUCTION ACT SUBMISSION FORM), DESCRIBE THE METHODS USED TO MINIMIZE BURDEN.

Information collection requirements have been reduced to the minimum requirements of each marketing order. Forms require only a minimal amount of information, which can be supplied without data processing equipment or a trained statistical staff. The primary sources of data used to complete the forms are routinely used in all business transactions. Thus, the information collection and reporting burden is relatively small, and requires the same reporting requirements for all handlers and receivers. We have 14,190 respondents with an estimate of 65 percent of the respondents being small businesses. The information collection does not significantly disadvantage any handler or receiver that is smaller than industry average. The current number of respondents in 2023 compares to 15,481 respondents three years ago.

4. DESCRIBE THE CONSEQUENCE TO FEDERAL PROGRAM OR POLICY ACTIVITIES IF THE COLLECTION IS NOT CONDUCTED OR IS CONDUCTED LESS FREQUENTLY, AS WELL AS ANY TECHNICAL OR LEGAL OBSTACLES TO REDUCING BURDEN.

If this information collection was not conducted, not only would the Secretary lose his ability to administer the marketing orders, but the committees also would have no way to monitor industry compliance with their respective programs. They would also not be able to determine the assessments due from industry handlers and growers, which would negatively impact any market research and promotion activities.

4. EXPLAIN ANY SPECIAL CIRCUMSTANCES THAT WOULD CAUSE AN INFORMATION COLLECTION TO BE CONDUCTED IN A MANNER:

• REQUIRING RESPONDENTS TO REPORT INFORMATION TO THE AGENCY MORE OFTEN THAN QUARTERLY:

The following forms in this information collection require respondents to report information more often than quarterly:

Pack and Certification Report: COC-4 (§ 932.152(c)): Handlers file this form daily with the AMS inspection service in exchange for inspection certificates.

Weekly Report of Olives Received: COC-19 (§§ 932.61, 932.161(a)): Handlers file this form with the committee each week. The committee uses this information to track olive inventory and assessments.

Inventory Holdings of Canned Ripe Olives: COC-27a (§§ 932.161 and 932.161(1)): Handlers file this form twice per month with the committee to report inventories of packaged olives yet to be sold. This report assists the committee in tracking the status of fruit in inventory.

Inventory Holdings of Limited Use Olive: COC-27b (§§ 932.61 and 932.161(d)(2), (e)(2)): Handlers file this form with the committee on a monthly basis to document the inventories of packaged limited-use style olives yet to be sold. This report assists the committee in tracking the status of fruit in inventory, assisting in the support of the market development program.

Report of Canning Size Olives in Storage: COC-27c (§§ 932.61 and 932.161(e)(1)): Handlers use this form to report to the committee once a month the tonnage of fruit held in storage that may be used for in the production of packaged olives. The committee uses this information for various marketing projects.

Packout Report of Canned Ripe Olives: COC-28a (§§ 932.61 and 932.161(f)(1)); and Packout Report of Canned Ripe Olives – Limited Use: COC-28b (§§ 932.61 and 932.161(f)(2)): Handlers file these forms with the committee on a monthly basis, reporting the total production of packaged olives. Form COC-28a reports on whole, pitted, and broken pitted styles of olives; form COC-28b reports on halved, sliced, segmented, and chopped styles. The committee uses this information to target certain markets within the marketing development program.

Sales of Canned Ripe Olives: COC-29a and COC-29b (§§ 932.61 and 932.161(b)(2)(ii)): Handlers uses these forms to report on a monthly basis to the committee, the quantity of olives sold during the month. Form 29a reports on whole, pitted, and broken pitted styles of olives; form COC-29b reports on limited use styles of olives. The information provided by this report assists in the Committee’s marketing efforts.

Monthly Vidalia Onion Handler Report Form: SC-181 (§ 955.60): This form used to be filed weekly and was entitled, “Weekly Vidalia Onion Handler Report Form,” but has now been designated as a monthly form. Handlers file this monthly report with the Vidalia Onion Committee to report the volume of onions received or acquired, the businesses dealt with, and the assessment due. The committee uses this information to determine a handler’s assessment obligation and to verify that the assessment paid is correct.

Summary Report: ABC-1 (§§ 981.72 and 981.472(a)): This monthly report is filed with the Almond Board of California to document handlers’ receipts of almonds from growers through the online portal. The board uses this information to corroborate inspection certificates and track almond dispositions.

Report of Shipments and Commitments: ABC-25-1 (§§ 981.74 and 981.474(a)): Handlers file this monthly form with the board to report almond shipments and commitments through the online portal. The board compiles this information and provides it to the industry in aggregate form.

Shipments by Country of Destination: ABC-25-2 (§§ 981.74 and 981.474(a)): This monthly form is filed with the board by handlers to report almonds shipped outside the United States through the online portal.

Report of Hazelnut Certifications, Shipments and Diversion Requirements: F/H Form 1 (§ 982.466): F/H Form 1 is a monthly summary of the information reported to the Board on handler receipts and dispositions of hazelnuts. The board uses this information to account for all domestic inshell sales, and for other sales or uses that result in handler credits. It also maintains industry information.

Report of Merchantable Walnuts Shipped: CWB-6 (§§ 984.72 and 984.472): Walnut handlers file this monthly report with the board, reporting their shipments of merchantable walnuts. The board uses this information to formulate marketing policy and to verify compliance with quality and volume regulations.

Monthly Report of Acquisition and Disposition of Dates: CDAC-6 (§§ 987.162 and 987.62): Handlers file this monthly report with the committee to document changes to their date inventories. The committee uses this information for compliance purposes and to formulate its marketing policy.

Weekly Report of Standard Raisin Acquisitions: RAC-1 (§ 989.173(b)(2)); Weekly Report of Standard Organic Raisin Acquisitions: RAC-1 CO (§ 989.173(b)(2)): These weekly reports are filed by handlers to provide a weekly accounting of their standard raisin acquisitions. The committee uses this information to monitor standard raisin acquisitions, to track the assessable tonnage and reserve pool obligation of each handler, and to establish producer equity in a reserve pool.

Weekly Report of Standard Raisins Received for Memorandum Receipt or Warehousing: RAC‑3 (§ 989.173(b)(3)): This form is prepared and submitted weekly by handlers who choose to receive raisins for storage only. Such raisins are so identified by the Inspection Service and may not be used by a handler until reported as an acquisition on form RAC-1. The committee uses this information for compliance purposes.

Weekly Off‑Grade Summary: RAC‑30; Weekly Report of Disposition of Standard Raisins Recovered from Reconditioning of Off-Grade Raisins: RAC-33 (§ 989.173(b)(5)): Handlers prepare the RAC-30 on a weekly basis to account for off-grade raisin inventory. They also prepare the RAC-33 on a weekly basis to account for the disposition of reconditioned off-grade raisins. The committee uses this information to monitor and verify that no off-grade raisins enter into standard raisin markets without proper reconditioning to remove defects.

Monthly Report of Free Tonnage Raisin Disposition: RAC‑20 (§ 989.173(c)(1)); Monthly Report of Free Tonnage Raisin Disposition – Organically Produced Raisins: RAC-20 CO (§989.173(c)(3)): This monthly form is prepared by handlers to report the disposition of free tonnage raisins. The committee uses this information to monitor free tonnage shipments and to verify that handlers are not exceeding their inspected free tonnage raisin quantities. As the season progresses, the committee uses this information to compare actual shipments with projected shipments. This information is also used in preparing the committee’s marketing policy statement.

Processor’s Report of Acquisition of Off‑grade: RAC‑28 (§ 989.173((b)(6)): Processors file this monthly report with the committee to report on the receipt of off‑grade raisins and raisin residual material. The committee uses this information to account for off‑grade raisins and raisin residual material, thus monitoring the entry of such raisins into eligible non-normal market channels.

Processor’s Report of Disposition of Off‑grade Raisins and Raisin Material: RAC‑28A (§ 989.173(c)(4)): Processors file this monthly report with the committee to report on the authorized disposition of off‑grade raisins and raisin residual material. The committee uses this information to confirm that such raisins were disposed of by handlers in eligible non-normal markets and for compliance purposes.

Monthly Report of Receipt of Raisins Produced from Grapes Grown Outside of the Production Area: RAC‑500 (§ 989.173(b)(7)): Handlers file this form with the committee to report monthly receipts of non-California raisins. The committee uses this information for compliance purposes.

Monthly Report of Disposition of Raisins Produced from Grapes Grown Outside of the Production Area: RAC‑501 (§ 989.173(c)(3)): Handlers file this form with the committee to report monthly dispositions of non-California raisins. The committee uses this information for compliance purposes.

Weekly Off‑Grade Summary: RAC‑30; Weekly Report of Disposition of Standard Raisins Recovered from Reconditioning of Off-Grade Raisins: RAC-33 (§ 989.173(b)(5)): Handlers prepare the RAC-30 on a weekly basis to account for off-grade raisin inventory. They also prepare the RAC-33 on a weekly basis to account for the disposition of reconditioned off-grade raisins. The committee uses this information to monitor and verify that no off-grade raisins enter into standard raisin markets without proper reconditioning to remove defects.

Monthly Report of Disposition of Off‑Grade Raisins, Other Failing Raisins and Raisin Material: RAC‑32 (§ 989.173(c)(2)): Handlers file this monthly report with the committee to report the disposition of off‑grade, other failing raisins, and raisin residual material into authorized outlets. The committee uses this information to monitor and verify the disposition of such raisins into authorized outlets in order to prevent their disposition into standard raisin markets.

• REQUIRING RESPONDENTS TO PREPARE A WRITTEN RESPONSE TO A COLLECTION OF INFORMATION IN FEWER THAN 30 DAYS AFTER RECEIPT OF IT;

• REQUIRING RESPONDENTS TO SUBMIT MORE THAN AN ORIGINAL AND TWO COPIES OF ANY DOCUMENT;

• REQUIRING RESPONDENTS TO RETAIN RECORDS, OTHER THAN HEALTH, MEDICAL, GOVERNMENT, CONTRACT, GRANT-IN-AID, OR TAX RECORDS FOR MORE THAN 3 YEARS;

• IN CONNECTION WITH A STATISTICAL SURVEY, THAT IS NOT DESIGNED TO PRODUCE VALID AND RELIABLE RESULTS THAT CAN BE GENERALIZED TO THE UNIVERSE OF STUDY;

• REQUIRING THE USE OF A STATISTICAL DATA CLASSIFICATION THAT HAS NOT BEEN REVIEWED AND APPROVED BY OMB; THAT INCLUDES A PLEDGE OF CONFIDENTIALITY THAT IS NOT SUPPORTED BY AUTHORITY ESTABLISHED IN STATUTE OR REGULATION, THAT IS NOT SUPPORTED BY DISCLOSURE AND DATA SECURITY POLICIES THAT ARE CONSISTENT WITH THE PLEDGE, OR WHICH UNNECESSARILY IMPEDES SHARING OF DATA WITH OTHER AGENCIES FOR COMPATIBLE CONFIDENTIAL USE; OR

• REQUIRING RESPONDENTS TO SUBMIT PROPRIETARY TRADE SECRET OR OTHER CONFIDENTIAL INFORMATION UNLESS THE AGENCY CAN DEMONSTRATE THAT IT HAS INSTITUTED PROCEDURES TO PROTECT THE INFORMATION’S CONFIDENTIALITY TO THE EXTENT PERMITTED BY LAW.

There are no other special circumstances. The collection of information is conducted in a manner consistent with the guidelines in 5 CFR 1320.6.

4. IF APPLICABLE, PROVIDE A COPY AND IDENTIFY THE DATE AND PAGE NUMBER OF PUBLICATION IN THE FEDERAL REGISTER OF THE AGENCY’S NOTICE, REQUIRED BY 5 CFR 1320.8(d), SOLICITING COMMENTS ON THE INFORMATION COLLECTION PRIOR TO SUBMISSION TO OMB. SUMMARIZE PUBLIC COMMENTS RECEIVED IN RESPONSE TO THAT NOTICE AND DESCRIBE ACTIONS TAKEN BY THE AGENCY IN RESPONSE TO THESE COMMENTS. SPECIFICALLY ADDRESS COMMENTS RECEIVED ON COST AND HOUR BURDEN.

A 60-day notice was published in the Federal Register on November 27, 2023 (Vol. 88, No. 226, page 82822-82833), which invited comments from interested persons through January 26, 2024. No comments were received.

• DESCRIBE EFFORTS TO CONSULT WITH PERSONS OUTSIDE THE AGENCY TO OBTAIN THEIR VIEWS ON THE AVAILABILITY OF DATA, FREQUENCY OF COLLECTION, THE CLARITY OF INSTRUCTIONS AND RECORDKEEPING, DISCLOSURE, OR REPORTING FORMAT (IF ANY), AND ON THE DATA ELEMENTS TO BE RECORDED, DISCLOSED, OR REPORTED.

• CONSULTATION WITH REPRESENTATIVES OF THOSE FROM WHOM INFORMATION IS TO BE OBTAINED OR THOSE WHO MUST COMPILE RECORDS SHOULD OCCUR AT LEAST ONCE EVERY 3 YEARS -- EVEN IF THE COLLECTION OF INFORMATION ACTIVITY IS THE SAME AS IN PRIOR PERIODS. THERE MAY BE CIRCUMSTANCES THAT MAY PRECLUDE CONSULTATION IN A SPECIFIC SITUATION. THESE CIRCUMSTANCES SHOULD BE EXPLAINED.

The committees meet throughout the year to discuss industry developments, marketing conditions, and methods to collect information to address various challenges. The committees assess the type of information that is collected, and also keep close contact with industry representatives and trade associations to ensure their utmost efficiency. The committees endeavor to consult with representatives from whom the information is to be obtained at least every three years. AMS personnel discuss the use and content of these forms with the following Committee managers and their staff. During these discussions, the staff of the respective committee identified areas to improve the readability of the forms and incorporate updated Internet and contact information. The new version of the forms addresses those requested changes.

Marketing Order No. 932 – California Olive Committee, Manager, Todd Sanders,

Marketing Order No. 945 – Idaho-Eastern Oregon Potato Committee, Manager, Travis Blacker,

Marketing Order No. 948 – Colorado Potato Administrative Committee, Area II San Luis Valley, Executive Director, Jim Ehrlich; Area III Northern Colorado, Executive Director, Lana Reinick,

Marketing Order No. 955 – Vidalia Onion Committee, Executive Director, Shane Curry,

Marketing Order No. 956 – Walla Walla Sweet Onion Committee, Marketing Director, Kim Hatch,

Marketing Order No. 958 – Idaho-Eastern Oregon Onion Committee, Manager, Candi Fitch,

Marketing Order No. 959 – South Texas Onion Committee, Manager, Dante Galeazzi,

Marketing Order No. 966 – Florida Tomato Committee, Manager, Michael Schadler,

Marketing Order No. 981 – Almond Board of California, Chief Executive Officer, Clarice Turner,

Marketing Order No. 982 – Hazelnut Marketing Board, Manager, Polly Owen,

Marketing Order No. 984 – Walnut Marketing Board of California, Executive Director, Robert Verloop,

Marketing Order No. 985 – Far West Spearmint Oil Administrative Committee, Manager Shane Johnson,

Marketing Order No. 987 – California Date Administrative Committee, Manager, Kristy Kneiding,

Marketing Order No. 989 – Raisin Administrative Committee, President, Debbie Powell,

Marketing Order No. 993 – Prune Marketing Committee, Executive Director, Donn Zea,

4. EXPLAIN ANY DECISION TO PROVIDE PAYMENT OR GIFT TO RESPONDENTS, OTHER THAN REMUNERATION OF CONTRACTORS OR GRANTEES.

Respondents are not provided with gifts or payments for providing information.

4. DESCRIBE ANY ASSURANCE OF CONFIDENTIALITY PROVIDED TO RESPONDENTS AND THE BASIS FOR THE ASSURANCE IN STATUTE, REGULATION, OR AGENCY POLICY.

Section 608(d) of the Act provides that information acquired will be kept confidential. Reports submitted to the committees are accessible only by their respective managers and staff, AMS field office employees, and certain USDA employees in Washington, D.C. Committee members have access to handler reports and assessment records for the purpose of administering compliance with the marketing orders, and determining assessments, but are under strict orders to maintain the confidentiality of this information by securing these records under lock and key. Each committee staff is aware of the penalties for violating confidentiality requirements. Forms, such as ballots, which request confidential information, contain statements that the information will be held in strict confidence.

4. PROVIDE ADDITIONAL JUSTIFICATION FOR ANY QUESTIONS OF A SENSITIVE NATURE, SUCH AS SEXUAL BEHAVIOR AND ATTITUDE, RELIGIOUS BELIEFS, AND OTHER MATTERS THAT ARE COMMONLY CONSIDERED PRIVATE. (THIS JUSTIFICATION SHOULD INCLUDE THE REASONS WHY THE AGENCY CONSIDERS THE QUESTIONS NECESSARY, THE SPECIFIC USES TO BE MADE OF THE INFORMATION, THE EXPLANATION TO BE GIVEN TO PERSONS FROM WHOM THE INFORMATION IS REQUESTED, AND ANY STEPS TO BE TAKEN TO OBTAIN THEIR CONSENT).

Questions of a sensitive nature are not included on any form in this information collection. Private information is required on the generic “Confidential Background Statement” for grower and public members and alternates, which are completed by committee nominees. This form collects information about a nominee’s qualifications to serve on a committee, such as position in a firm, years growing or handling a commodity, approximate volume grown or handled, and offices held in industry organizations. This information is provided to the Secretary for use in the committee selection process.

4. PROVIDE ESTIMATES OF THE HOUR BURDEN OF THE COLLECTION OF INFORMATION. THE STATEMENT SHOULD:

• INDICATE THE NUMBER OF RESPONDENTS, FREQUENCY OF RESPONSE, ANNUAL HOUR BURDEN, AND AN EXPLANATION OF HOW THE BURDEN WAS ESTIMATED. UNLESS OTHERWISE DIRECTED TO DO SO, AGENCIES SHOULD NOT CONDUCT SPECIAL SURVEYS TO OBTAIN INFORMATION ON WHICH TO BASE HOUR BURDEN ESTIMATES. CONSULTATION WITH A SAMPLE (FEWER THAN 10) OF POTENTIAL RESPONDENTS IS DESIRABLE. IF THE HOUR BURDEN ON RESPONDENTS IS EXPECTED TO VARY WIDELY BECAUSE OF DIFFERENCE IN ACTIVITY, SIZE, OR COMPLEXITY, SHOW THE RANGE OF ESTIMATED BURDEN AND EXPLAIN THE REASONS FOR THE VARIANCE. GENERALLY, ESTIMATES SHOULD NOT INCLUDE BURDEN HOURS FOR CUSTOMARY AND USUAL BUSINESS PRACTICES.

The number of respondents required to file forms is approximately 14,190 and was estimated based on records kept by committees that track handlers regulated under their respective marketing orders and obtain information on producers who are eligible to vote on marketing orders and nominate individuals to serve on the committees. See AMS-71 spreadsheet for specific information pertaining to the number of respondents for individual programs.

• IF THIS REQUEST FOR APPROVAL COVERS MORE THAN ONE FORM, PROVIDE SEPARATE HOUR BURDEN ESTIMATES FOR EACH FORM AND AGGREGATE THE HOUR BURDENS IN ITEM 13 OF OMB FORM 83-I.

See AMS-71 spreadsheet for breakout of burden.

• PROVIDE ESTIMATES OF ANNUALIZED COST TO RESPONDENTS FOR THE HOUR BURDENS FOR COLLECTIONS OF INFORMATION, IDENTIFYING AND USING APPROPRIATE WAGE RATE CATEGORIES.

The respondents’ estimated annual cost of providing information to the committees is approximately $961,357. This total has been estimated by multiplying 18,438 hours (total burden hours) by $52.14. This is based on the average median hourly wage rate of $40.29 with an additional 29.4 percent to account for benefits and compensation, for an hourly wage total of $52.14. Annual cost for this collection is estimated using the national mean hourly rate of $40.29 of Farm, Ranch, and Other Agricultural Managers, (https://www.bls.gov/oes/current/oes119013.htm), published by the Bureau of Labor Statistics in May 2022. Costs of benefits and compensation guidance provided by Bureau of Labor Statistics News Release issued on December 15, 2023.

4. PROVIDE AN ESTIMATE OF THE TOTAL ANNUAL COST BURDEN TO RESPONDENTS OR RECORD KEEPERS RESULTING FROM THE COLLECTION OF INFORMATION. (DO NOT INCLUDE THE COST OF ANY HOUR BURDEN SHOWN IN ITEMS 12 AND 14).

• THE COST ESTIMATE SHOULD BE SPLIT INTO TWO COMPONENTS: (a) A TOTAL CAPITAL AND START-UP COST COMPONENT (ANNUALIZED OVER ITS EXPECTED USEFUL LIFE); AND (b) A TOTAL OPERATION AND MAINTENANCE AND PURCHASE OF SERVICES COMPONENT. THE ESTIMATES SHOULD TAKE INTO ACCOUNT COSTS ASSOCIATED WITH GENERATING, MAINTAINING, AND DISCLOSING OR PROVIDING THE INFORMATION. INCLUDE DESCRIPTIONS OF METHODS USED TO ESTIMATE MAJOR COST FACTORS INCLUDING SYSTEM AND TECHNOLOGY ACQUISITION, EXPECTED USEFUL LIFE OF CAPITAL EQUIPMENT, THE DISCOUNT RATE(S), AND THE TIME PERIOD OVER WHICH COSTS WILL BE INCURRED. CAPITAL AND START-UP COSTS INCLUDE, AMONG OTHER ITEMS, PREPARATION FOR COLLECTING INFORMATION SUCH AS PURCHASING COMPUTERS AND SOFTWARE; MONITORING, SAMPLING, DRILLING AND TESTING EQUIPMENT; AND RECORD STORAGE FACILITIES.

• IF COST ESTIMATES ARE EXPECTED TO VARY WIDELY, AGENCIES SHOULD PRESENT RANGES OF COST BURDENS AND EXPLAIN THE REASONS FOR THE VARIANCE. THE COST OF PURCHASING OR CONTRACTING OUT INFORMATION COLLECTION SERVICES SHOULD BE A PART OF THIS COST BURDEN ESTIMATE. IN DEVELOPING COST BURDEN ESTIMATES, AGENCIES MAY CONSULT WITH A SAMPLE OF RESPONDENTS (FEWER THAN 10), UTILIZE THE 60-DAY PRE-OMB SUBMISSION PUBLIC COMMENT PROCESS AND USE EXISTING ECONOMIC OR REGULATORY IMPACT ANALYSIS ASSOCIATED WITH THE RULEMAKING CONTAINING THE INFORMATION COLLECTION, AS APPROPRIATE.

• GENERALLY, ESTIMATES SHOULD NOT INCLUDE PURCHASES OF EQUIPMENT OR SERVICES, OR PORTIONS THEREOF, MAKE: (1) PRIOR TO OCTOBER 1, 1995, (2) TO ACHIEVE REGULATORY COMPLIANCE WITH REQUIREMENTS NOT ASSOCIATED WITH THE INFORMATION COLLECTION OR KEEPING RECORDS FOR THE GOVERNMENT, OR (4) AS PART OF CUSTOMARY AND USUAL BUSINESS OR PRIVATE PRACTICES.

There are no start-up cost burdens to respondents or record keepers that are not included in items 2 and 14.

4. PROVIDE ESTIMATES OF ANNUALIZED COST TO THE FEDERAL GOVERNMENT. ALSO, PROVIDE A DESCRIPTION OF THE METHOD USED TO ESTIMATE COST, WHICH SHOULD INCLUDE QUANTIFICATION OF HOURS, OPERATIONS EXPENSES (SUCH AS EQUIPMENT, OVERHEAD, PRINTING, AND SUPPORT STAFF), AND ANY OTHER EXPENSE THAT WOULD NOT HAVE BEEN INCURRED WITHOUT THIS COLLECTION OF INFORMATION. AGENCIES ALSO MAY AGGREGATE COST ESTIMATES FROM ITEMS 12, 13, AND 14 IN A SINGLE TABLE.

AMS estimates that the Federal Government’s annual cost for providing oversight assistance for this information collection is approximately $115,300. This includes the salary and benefits of the employees who prepared the information collection package, salary and benefits for legal and administrative personnel involved in the clearance and publication of the notice in the Federal Register, printing costs, mailing charges, agency overhead and travel expenses. The mean hourly wage was obtained from Bureau of Labor Statistics May 2022 National Occupational Employment and Wage Estimates, United States (https://www.bls.gov/oes/current/oes_nat.htm). Costs of benefits and compensation guidance obtained from Bureau of Labor Statistics News Release issued on December 15, 2023 (https://www.bls.gov/news.release/pdf/ecec.pdf)

4. EXPLAIN THE REASON FOR ANY PROGRAM CHANGES OR ADJUSTMENTS REPORTED IN ITEM 13 OR 14 OF THE OMB FORM 83-I.

AMS is requesting approval for 18,438 burden hours, based on 57,052 annual responses. Since OMB’s last approval, there is an overall decrease of 3,217 burden hours from 21,655. AMS’s forms submission for 2024 indicates several industries experiencing the loss of grower and handling operations, including the termination of Marketing Order 946 (Washington potatoes), and the creation of new forms (California almonds ABC Form 55 and California walnuts CWB Form 2) to address industries’ desire for expanded services. The accompanying spreadsheet itemizes the differences in burden hours compared to 2020 and 2024.

4. FOR COLLECTIONS OF INFORMATION WHOSE RESULTS WILL BE PUBLISHED, OUTLINE PLANS FOR TABULATION AND PUBLICATION. ADDRESS ANY COMPLEX ANALYTICAL TECHNIQUES THAT WILL BE USED. PROVIDE THE TIME SCHEDULE FOR THE ENTIRE PROJECT, INCLUDING BEGINNING AND ENDING DATES OF THE COLLECTION OF INFORMATION, COMPLETION OF REPORT, PUBLICATION DATES, AND OTHER ACTIONS.

There are no plans to publish any information or data collected.

4. IF SEEKING APPROVAL TO NOT DISPLAY THE EXPIRATION DATE FOR OMB APPROVAL OF THE INFORMATION COLLECTION, EXPLAIN THE REASONS THAT DISPLAY WOULD BE INAPPROPRIATE.

AMS transitioned from indicating the month and year of each form’s renewal to instead indicating the month and year each form’s three-year renewal will expire. Each form in this form package now indicates “Exp. x/xxxx” that AMS will replace with actual expiration month and year once OMB approves the package.

4. EXPLAIN EACH EXCEPTION TO THE CERTIFICATION STATEMENT IDENTIFIED IN ITEM 19, "CERTIFICATION FOR PAPERWORK REDUCTION ACT SUBMISSIONS," OF OMB FORM 83-I.

The agency can certify compliance with all provisions under item 19 of OMB Form 83-I.

1. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS.

This collection of information does not employ statistical methods.

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