Proposed Information Collection; Comment Request; NOAA Satellite Groundstation Customer Questionnaire, 4840 [E8-1408]
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Federal Register / Vol. 73, No. 18 / Monday, January 28, 2008 / Notices
enforceable under PACA regulations and
PACA’s claim settlement process. According
to Mr. Frazier, in settling a claim, PACA will
uphold actions taken by a signatory or a
signatory’s representative (collectively
‘‘signatory’’) to comply with the Agreement
to the extent that the sales contract for the
transaction at issue establishes that the sale
is subject to the terms of the Agreement. In
other words, if, prior to making the sale, the
signatory, or the Selling Agent acting on
behalf of the signatory through a contractual
arrangement, informs the customer that the
sale is subject to the terms of the Agreement
and identifies those terms, PACA will
recognize the identified terms of the
Agreement as integral to the sales contract. In
particular, signatories should inform their
customers that their contractual agreement to
allow defect claim adjustments is limited in
accordance with the Agreement, including:
• Claims for adjustments must be
supported by an unrestricted USDA
inspection called for no more than six hours
from the time of arrival at the receiver and
performed in a timely fashion thereafter.
• The USDA inspection must find that the
condition defects exceed the thresholds
outlined in Appendix D above.
• Any price adjustments will be limited to
the actual percentage of condition defects as
documented by a USDA inspection
certificate.
• The price adjustments will be limited to
actual destruction costs, the allocated freight
expense, and salvaging and reconditioning
expenses calculated in accordance with
Appendix D above.
• The customer may not resell any
defective tomatoes. Instead, they must be
destroyed, returned or donated to a nonprofit food bank. Signatories should provide
a copy of the Agreement to any customer
which may be unfamiliar with its terms or
which has questions about those terms.
The process by which a signatory could
provide evidence to PACA that its sales
contracts were made subject to the terms of
the Agreement including, in particular, those
terms listed above is outlined below.
• The signatory should maintain written
documentation demonstrating that it had
informed its customers and the customers
accepted that the sales were subject to the
terms of the Agreement prior to issuing the
invoice. A signed contract to that effect
would be the best evidence of that fact;
however, a purchase by the customer after
being informed of the relevance of the
Agreement is evidence of acceptance.
• The signatory should send letters to its
customers via registered mail, return receipt
requested, informing the customers that, as a
signatory to the Agreement, all of the
signatory’s sales are subject to the terms of
the Agreement and that, by purchasing from
them, the buyer agrees to those terms. The
letter should also indicate that the signatory’s
sales personnel do not have authority to alter
the terms of the Agreement.
• In addition, the signatory should include
a statement on its order confirmation sheets
that its contract with the buyer is subject to
the terms of the Agreement as detailed in the
signatory’s ‘‘pre-season’’ letter and maintain
a copy of the order confirmations and fax
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17:56 Jan 25, 2008
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receipts demonstrating that they were sent to
the customer prior to making the sale. If the
sale is to a first-time purchaser that did not
receive a ‘‘pre-season’’ letter, a letter should
be supplied to the buyer prior to making a
sale.
• The signatory should instruct its sales
personnel to inform customers making
purchases by telephone or at the loading
dock that the sale is subject to the terms of
the Agreement and its restrictions on price
adjustments and, by purchasing from them,
the buyer agrees to those terms. In fact, the
sales personnel should provide a copy of the
letter to the customer and, ideally, have the
customer acknowledge receipt of the letter, in
writing, prior to making the sale. Such an
established practice will help to ensure that
even new customers are informed properly of
the terms of sale prior to completing a
contract.
PACA does not require any one particular
form of written documentation but USDA
officials have confirmed that, if signatories
maintain written evidence demonstrating
that their customers were informed that their
sales were made subject to the terms of the
Agreement prior to sale, PACA will recognize
those terms as part of the sales contract.
[FR Doc. E8–1442 Filed 1–25–08; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Proposed Information Collection;
Comment Request; NOAA Satellite
Groundstation Customer
Questionnaire
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice.
AGENCY:
SUMMARY: The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before March 28, 2008.
ADDRESSES: Direct all written comments
to Diana Hynek, Departmental
Paperwork Clearance Officer,
Department of Commerce, Room 6625,
14th and Constitution Avenue, NW.,
Washington, DC 20230 (or via the
Internet at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Paul Seymour, 301–763–
PO 00000
Frm 00074
Fmt 4703
Sfmt 4703
8051, extension 109 or
paul.seymour@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
NOAA requests people who operate
ground receiving stations that receive
data from NOAA satellites to complete
a questionnaire about the types of data
received, its use, the equipment
involved, and similar subjects. The data
obtained are used by NOAA for shortterm operations and long-term planning.
II. Method of Collection
The information is collected via an
online questionnaire.
III. Data
OMB Number: 0648–0227.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Not-for-profit
institutions, business or other for-profit
organizations, Individuals or
households, Federal Government, and
State, Local or Tribal Government.
Estimated Number of Respondents:
300.
Estimated Time Per Response: 5
minutes.
Estimated Total Annual Burden
Hours: 25.
Estimated Total Annual Cost to
Public: $0 in capital and recordkeeping/
reporting costs.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
they also will become a matter of public
record.
Dated: January 22, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. E8–1408 Filed 1–25–08; 8:45 am]
BILLING CODE 3510–HR–P
E:\FR\FM\28JAN1.SGM
28JAN1
Agencies
[Federal Register Volume 73, Number 18 (Monday, January 28, 2008)]
[Notices]
[Page 4840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1408]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Proposed Information Collection; Comment Request; NOAA Satellite
Groundstation Customer Questionnaire
AGENCY: National Oceanic and Atmospheric Administration (NOAA),
Department of Commerce.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Department of Commerce, as part of its continuing effort
to reduce paperwork and respondent burden, invites the general public
and other Federal agencies to take this opportunity to comment on
proposed and/or continuing information collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be submitted on or before March 28, 2008.
ADDRESSES: Direct all written comments to Diana Hynek, Departmental
Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th
and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet
at dHynek@doc.gov).
FOR FURTHER INFORMATION CONTACT: Requests for additional information or
copies of the information collection instrument and instructions should
be directed to Paul Seymour, 301-763-8051, extension 109 or
paul.seymour@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
NOAA requests people who operate ground receiving stations that
receive data from NOAA satellites to complete a questionnaire about the
types of data received, its use, the equipment involved, and similar
subjects. The data obtained are used by NOAA for short-term operations
and long-term planning.
II. Method of Collection
The information is collected via an online questionnaire.
III. Data
OMB Number: 0648-0227.
Form Number: None.
Type of Review: Regular submission.
Affected Public: Not-for-profit institutions, business or other
for-profit organizations, Individuals or households, Federal
Government, and State, Local or Tribal Government.
Estimated Number of Respondents: 300.
Estimated Time Per Response: 5 minutes.
Estimated Total Annual Burden Hours: 25.
Estimated Total Annual Cost to Public: $0 in capital and
recordkeeping/reporting costs.
IV. Request for Comments
Comments are invited on: (a) Whether the proposed collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information shall have practical
utility; (b) the accuracy of the agency's estimate of the burden
(including hours and cost) of the proposed collection of information;
(c) ways to enhance the quality, utility, and clarity of the
information to be collected; and (d) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques or other forms of information
technology.
Comments submitted in response to this notice will be summarized
and/or included in the request for OMB approval of this information
collection; they also will become a matter of public record.
Dated: January 22, 2008.
Gwellnar Banks,
Management Analyst, Office of the Chief Information Officer.
[FR Doc. E8-1408 Filed 1-25-08; 8:45 am]
BILLING CODE 3510-HR-P