Tart Cherries; Notice of Request for Extension and Revision of a Currently Approved Information Collection, 53098-53099 [2019-21568]
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53098
Notices
Federal Register
Vol. 84, No. 193
Friday, October 4, 2019
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS–SC–19–0080; SC19–930–2
N]
Tart Cherries; Notice of Request for
Extension and Revision of a Currently
Approved Information Collection
Agricultural Marketing Service,
USDA.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Agricultural
Marketing Service’s (AMS) intent to
request an extension for and revision to
a currently approved information
collection for Tart Cherries Grown in
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin, pursuant to Marketing Order
No. 930.
DATES: Comments on this notice must be
received by December 3, 2019 to be
assured of consideration.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this notice. Comments must
be sent to the Docket Clerk, Marketing
Order and Agreement Division,
Specialty Crops Program, AMS, USDA,
1400 Independence Avenue SW, STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or internet:
www.regulations.gov. Comments should
reference the docket number and the
date and page number of this issue of
the Federal Register and will be
available for public inspection in the
Office of the Docket Clerk during regular
business hours, or can be viewed at:
www.regulations.gov. All comments
submitted in response to this notice will
be included in the record and will be
made available to the public. Please be
advised that the identity of individuals
or entities submitting the comments will
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SUMMARY:
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be made public on the internet at the
address provided above.
FOR FURTHER INFORMATION CONTACT:
Andrew Hatch, Chief, Rulemaking
Services Branch, Marketing Order and
Agreement Division, Specialty Crops
Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237,
Room 1406–S, Washington, DC 20250–
0237; Telephone: (202)720–6862, Fax:
(202)720–8938, or Email:
andrew.hatch@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Antoinette
Carter, Marketing Order and Agreement
Division, Specialty Crops Program,
AMS, USDA, 1400 Independence
Avenue SW, STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or Email:
richard.lower@usda.gov.
SUPPLEMENTARY INFORMATION:
Title: Tart Cherries Grown in
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin. Marketing Order No. 930 (7
CFR part 930).
OMB Number: 0581–0177.
Expiration Date of Approval: January
31, 2020.
Type of Request: Extension and
revision of a currently approved
information collection.
Abstract: Marketing order programs
provide an opportunity for producers of
fresh fruits, vegetables, and specialty
crops, in a specified production area, to
work together to solve marketing
problems that cannot be solved
individually. Marketing order
regulations help ensure adequate
supplies of high quality product and
adequate returns to producers.
Marketing orders are authorized under
the Agricultural Marketing Agreement
Act of 1937 (Act), as amended (7 U.S.C.
601–674). The Secretary of Agriculture
oversees these operations and issues
regulations recommended by a
committee of representatives from the
respective commodity industry.
The information collection
requirements in this request are
essential to carry out the intent of the
AMAA and to administer the program,
which has operated since 1996.
The Federal marketing order for tart
cherries (7 CFR part 930) regulates the
handling of tart cherries grown in
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
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Fmt 4703
Sfmt 4703
Wisconsin. The marketing order
authorizes volume regulations that
provide for a reserve pool in times of
heavy cherry supplies. The marketing
order also provides for minimum grade
and size regulations, and market
research and development projects,
including paid advertising. These
provisions are not currently in use.
The marketing order, and rules and
regulations issued thereunder,
authorizes the Cherry Industry
Administrative Board (Board), the
agency responsible for local
administration of the marketing order,
to require handlers and growers to
submit certain information. Much of
this information is compiled in
aggregate and provided to the Board to
assist in carrying out marketing
decisions.
The Board has developed 11 forms as
a means for persons to file the required
and minimum necessary reports with
the Board, such as tart cherry
inventories, shipments, diversions, and
background data. All the information
provided is needed to effectively carry
out the requirements of the marketing
order and fulfill the intent of the AMAA
as expressed in the marketing order.
Since this marketing order regulates
canned and frozen forms of tart cherries,
reporting requirements will be in effect
all year.
Eleven U.S. Department of
Agriculture (USDA) forms are also
included in this request. Tart cherry
growers and handlers nominated by
their peers to serve as representatives on
the Board must submit nomination
forms to the USDA. Formal rulemaking
amendments to the marketing order
must be approved in grower referenda
authorized and conducted by the USDA.
In addition, USDA may conduct a
referendum to determine industry
support for continuation of the
marketing order. Finally, handlers are
asked to sign an agreement to indicate
their willingness to comply with the
provisions of the marketing order if the
order is amended. A standardized
background form and combined
Acceptance Statement for nominees to
multiple committees is included in
OMB No. 0581–0177.
The information collected is used
only by authorized representatives of
the USDA, including AMS, Specialty
Crops Programs’ regional and
headquarters staff, and authorized Board
E:\FR\FM\04OCN1.SGM
04OCN1
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Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Notices
employees. Authorized Board
employees and the industry are the
primary users of the information, and
AMS is the secondary user.
Estimate of Burden: Public reporting
burden for this collection of information
is estimated to average .227 hours per
response.
Respondents: Tart cherry growers and
for-profit businesses handling fresh and
processed tart cherries produced in
Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and
Wisconsin.
Estimated Number of Respondents:
642.
Estimated Number of Responses:
3,258.
Estimated Number of Responses per
Respondent: 5.07.
Estimated Total Annual Burden on
Respondents: 740 hours.
Comments are invited on: (1) Whether
this collection of information is
necessary for the proper performance of
the functions of the agency, including
whether the information has practical
utility; (2) the accuracy of the agency’s
estimate of the burden of the collection
of information including the validity of
the methodology and assumptions used;
(3) ways to enhance the quality, utility,
and clarity of the information collected;
and (4) ways to minimize the burden of
the collection of information on those
who respond, including through the use
of appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology.
Comments should reference this
docket number and be sent to the USDA
in care of the Docket Clerk at the
address above. All comments received
within the provided comment period
will be available for public inspection
during regular business hours at the
same address.
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
AMS is committed to compliance
with the E-Government Act to promote
the use of the internet and other
information technologies, to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
A 60-day comment period is provided
to allow interested persons to respond
to the notice.
Dated: September 30, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–21568 Filed 10–3–19; 8:45 am]
BILLING CODE 3410–02–P
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Jkt 250001
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2019–0039]
Determination of Regulatory Review
Period for Purposes of Patent
Extension; Porcine Circovirus Vaccine,
Type 1-Type 2 Chimera, Killed Virus,
Mycoplasma Hyopneumoniae Bacterin
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public
that the Animal and Plant Health
Inspection Service has determined the
regulatory review period for Porcine
Circovirus Vaccine, Type 1-Type 2
Chimera, Killed Virus, Mycoplasma
Hyopneumoniae Bacterin and is
publishing this notice of that
determination as required by law. We
have made this determination in
response to the submission of an
application to the Commissioner for
Patents, Department of Commerce, for
the extension of a patent that claims that
veterinary biologic.
DATES: We will consider all requests for
revision of the regulatory review period
determination that we receive on or
before November 4, 2019. We will
consider all due diligence petitions that
we receive on or before April 1, 2020.
ADDRESSES: You may submit revision
requests and due diligence petitions by
either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2019-0039.
• Postal Mail/Commercial Delivery:
Please send your request or petition to
Docket No. APHIS–2019–0039,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road, Unit 118, Riverdale, MD
20737–1238.
A copy of the regulatory review
period determination and any revision
requests or due diligence petitions that
we receive on this determination may be
viewed at https://www.regulations.gov/
#!docketDetail;D=APHIS-2019-0039 or
in our reading room, which is located in
Room 1141 of the USDA South
Building, 14th Street and Independence
Avenue SW, Washington, DC. Normal
reading room hours are 8 a.m. to 4:30
p.m., Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Dr.
Barbara J. Sheppard, Senior Staff
Veterinary Medical Officer, Center for
SUMMARY:
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53099
Veterinary Biologics, Policy, Evaluation,
and Licensing, VS, APHIS, USDA, 1920
Dayton Avenue, P.O. Box 844, Ames, IA
50010; (515) 337–6100.
SUPPLEMENTARY INFORMATION: The
provisions of 35 U.S.C. 156, ‘‘Extension
of patent term,’’ provide, generally, that
a patent for a product may be extended
for a period of up to 5 years as long as
the patent claims a product that, among
other things, was subject to a regulatory
review period before its commercial
marketing or use. (The term ‘‘product’’
is defined in that section as ‘‘a drug
product’’ [which includes veterinary
biological products] or ‘‘any medical
device, food additive, or color additive
subject to regulation under the Federal
Food, Drug, and Cosmetic Act.’’) A
product’s regulatory review period
forms the basis for determining the
amount of extension an applicant may
receive.
The regulations in 9 CFR part 124,
‘‘Patent Term Restoration’’ (referred to
below as the regulations), set forth
procedures and requirements for the
Animal and Plant Health Inspection
Service’s (APHIS’) review of
applications for the extension of the
term of certain patents for veterinary
biological products pursuant to 35
U.S.C. 156. As identified in the
regulations, the responsibilities of
APHIS include:
• Assisting the U.S. Patent and
Trademark Office of the U.S.
Department of Commerce in
determining eligibility for patent term
restoration;
• Determining the length of a
product’s regulatory review period;
• If petitioned, reviewing and ruling
on due diligence challenges to APHIS’
regulatory review period
determinations; and
• Conducting hearings to review
initial APHIS findings on due diligence
challenges.
The regulations are designed to be
used in conjunction with regulations
issued by the U.S. Patent and
Trademark Office concerning patent
term extension, which may be found at
37 CFR 1.710 through 1.791.
A regulatory review period consists of
two periods of time: A testing phase and
an approval phase. For veterinary
biologics, the testing phase begins on
the date the authorization to prepare an
experimental veterinary biologic became
effective and runs until the approval
phase begins. The approval phase
begins on the date an application for a
license was initially submitted for
approval and ends on the date such
license was issued. Although only a
portion of a regulatory review period
E:\FR\FM\04OCN1.SGM
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]]>Agencies
[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Notices]
[Pages 53098-53099]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21568]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 /
Notices
[[Page 53098]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-SC-19-0080; SC19-930-2 N]
Tart Cherries; Notice of Request for Extension and Revision of a
Currently Approved Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice and request for comments.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces the Agricultural Marketing Service's (AMS) intent to
request an extension for and revision to a currently approved
information collection for Tart Cherries Grown in Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin, pursuant to
Marketing Order No. 930.
DATES: Comments on this notice must be received by December 3, 2019 to
be assured of consideration.
ADDRESSES: Interested persons are invited to submit written comments
concerning this notice. Comments must be sent to the Docket Clerk,
Marketing Order and Agreement Division, Specialty Crops Program, AMS,
USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250-
0237; Fax: (202) 720-8938; or internet: www.regulations.gov. Comments
should reference the docket number and the date and page number of this
issue of the Federal Register and will be available for public
inspection in the Office of the Docket Clerk during regular business
hours, or can be viewed at: www.regulations.gov. All comments submitted
in response to this notice will be included in the record and will be
made available to the public. Please be advised that the identity of
individuals or entities submitting the comments will be made public on
the internet at the address provided above.
FOR FURTHER INFORMATION CONTACT: Andrew Hatch, Chief, Rulemaking
Services Branch, Marketing Order and Agreement Division, Specialty
Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Room
1406-S, Washington, DC 20250-0237; Telephone: (202)720-6862, Fax:
(202)720-8938, or Email: [email protected].
Small businesses may request information on complying with this
regulation by contacting Antoinette Carter, Marketing Order and
Agreement Division, Specialty Crops Program, AMS, USDA, 1400
Independence Avenue SW, STOP 0237, Washington, DC 20250-0237;
Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email:
[email protected].
SUPPLEMENTARY INFORMATION:
Title: Tart Cherries Grown in Michigan, New York, Pennsylvania,
Oregon, Utah, Washington, and Wisconsin. Marketing Order No. 930 (7 CFR
part 930).
OMB Number: 0581-0177.
Expiration Date of Approval: January 31, 2020.
Type of Request: Extension and revision of a currently approved
information collection.
Abstract: Marketing order programs provide an opportunity for
producers of fresh fruits, vegetables, and specialty crops, in a
specified production area, to work together to solve marketing problems
that cannot be solved individually. Marketing order regulations help
ensure adequate supplies of high quality product and adequate returns
to producers. Marketing orders are authorized under the Agricultural
Marketing Agreement Act of 1937 (Act), as amended (7 U.S.C. 601-674).
The Secretary of Agriculture oversees these operations and issues
regulations recommended by a committee of representatives from the
respective commodity industry.
The information collection requirements in this request are
essential to carry out the intent of the AMAA and to administer the
program, which has operated since 1996.
The Federal marketing order for tart cherries (7 CFR part 930)
regulates the handling of tart cherries grown in Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin. The marketing
order authorizes volume regulations that provide for a reserve pool in
times of heavy cherry supplies. The marketing order also provides for
minimum grade and size regulations, and market research and development
projects, including paid advertising. These provisions are not
currently in use.
The marketing order, and rules and regulations issued thereunder,
authorizes the Cherry Industry Administrative Board (Board), the agency
responsible for local administration of the marketing order, to require
handlers and growers to submit certain information. Much of this
information is compiled in aggregate and provided to the Board to
assist in carrying out marketing decisions.
The Board has developed 11 forms as a means for persons to file the
required and minimum necessary reports with the Board, such as tart
cherry inventories, shipments, diversions, and background data. All the
information provided is needed to effectively carry out the
requirements of the marketing order and fulfill the intent of the AMAA
as expressed in the marketing order. Since this marketing order
regulates canned and frozen forms of tart cherries, reporting
requirements will be in effect all year.
Eleven U.S. Department of Agriculture (USDA) forms are also
included in this request. Tart cherry growers and handlers nominated by
their peers to serve as representatives on the Board must submit
nomination forms to the USDA. Formal rulemaking amendments to the
marketing order must be approved in grower referenda authorized and
conducted by the USDA. In addition, USDA may conduct a referendum to
determine industry support for continuation of the marketing order.
Finally, handlers are asked to sign an agreement to indicate their
willingness to comply with the provisions of the marketing order if the
order is amended. A standardized background form and combined
Acceptance Statement for nominees to multiple committees is included in
OMB No. 0581-0177.
The information collected is used only by authorized
representatives of the USDA, including AMS, Specialty Crops Programs'
regional and headquarters staff, and authorized Board
[[Page 53099]]
employees. Authorized Board employees and the industry are the primary
users of the information, and AMS is the secondary user.
Estimate of Burden: Public reporting burden for this collection of
information is estimated to average .227 hours per response.
Respondents: Tart cherry growers and for-profit businesses handling
fresh and processed tart cherries produced in Michigan, New York,
Pennsylvania, Oregon, Utah, Washington, and Wisconsin.
Estimated Number of Respondents: 642.
Estimated Number of Responses: 3,258.
Estimated Number of Responses per Respondent: 5.07.
Estimated Total Annual Burden on Respondents: 740 hours.
Comments are invited on: (1) Whether this collection of information
is necessary for the proper performance of the functions of the agency,
including whether the information has practical utility; (2) the
accuracy of the agency's estimate of the burden of the collection of
information including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information collected; and (4) ways to minimize the burden of the
collection of information on those who respond, including through the
use of appropriate automated, electronic, mechanical, or other
technological collection techniques or other forms of information
technology.
Comments should reference this docket number and be sent to the
USDA in care of the Docket Clerk at the address above. All comments
received within the provided comment period will be available for
public inspection during regular business hours at the same address.
All responses to this notice will be summarized and included in the
request for OMB approval. All comments will also become a matter of
public record.
AMS is committed to compliance with the E-Government Act to promote
the use of the internet and other information technologies, to provide
increased opportunities for citizen access to Government information
and services, and for other purposes.
A 60-day comment period is provided to allow interested persons to
respond to the notice.
Dated: September 30, 2019.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2019-21568 Filed 10-3-19; 8:45 am]
BILLING CODE 3410-02-P
