[Federal Register Volume 84, Number 51 (Friday, March 15, 2019)]
[Notices]
[Pages 9476-9479]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-04862]
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DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-FTPP-19-0025]
Notice of Request for Extension and Revision of a Currently
Approved Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice and request for comments.
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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this
notice announces the Agricultural Marketing Service's (AMS) intention
to request approval, from the Office of Management and Budget, for an
extension of and revision to the currently approved information
collection Swine Contract Library. OMB approved this information
collection as OMB 0580-0021 under Grain Inspection, Packers and
Stockyards (GIPSA). Due to the realignment of offices authorized by the
Secretary's memorandum dated November 14, 2017, which eliminated the
GIPSA as a standalone agency, the Swine Contract Library activities
formerly part of GIPSA
[[Page 9477]]
are now assigned a new OMB control number of 0581-0311.
DATES: Comments on this notice must be received by May 14, 2019 to be
assured of consideration.
ADDRESSES: Interested persons are invited to submit comments concerning
this notice by using the electronic process available at
www.regulations.gov. Written comments may also be submitted to Stuart
Frank, Director, Packers and Stockyards Division, Agricultural
Marketing Service, U.S. Department of Agriculture, 1400 Independence
Ave. SW, Room 2507, Washington, DC 20250, Tel: 202-720-7051, Fax: 202-
690-3207. All comments should reference the docket number (same number
as above assigned by Originating Program), the date, and the page
number of this issue of the Federal Register. All comments received
will be posted without change, including any personal information
provided, at www.regulations.gov and will be included in the record and
made available to the public.
FOR FURTHER INFORMATION CONTACT: Contact Gayle L. Pounds-Barnett,
Economist, Packers and Stockyards Division, 210 Walnut Street, Room
317, Des Moines, Iowa 50309 Direct Tel: (515) 323-2541, Fax: (515) 323-
2590, [email protected].
SUPPLEMENTARY INFORMATION:
Title: Swine Contract Library.
OMB Number: 0581-0311.
Expiration Date of Approval: 08/31/2019.
Type of Request: Extension and revision of a currently approved
information collection.
Abstract: The information collection and recordkeeping requirements
for the Swine Contract Library are essential to maintaining the
mandatory library of swine marketing contracts and reporting the number
of swine contracted for delivery. Currently 33 companies (packers) are
required to file contracts and report certain information on swine
deliveries for a total of 55 locations (plants) that they either
operate or at which they have swine slaughtered. We expect the overall
number of plants and packers to remain relatively constant, but the
specific packers required to report will vary with consolidation and
construction in the industry.
Packers are required to report information for individual plants.
The information collection burden estimate provided below is based on
time and cost requirements at the plant level. Consequently, packers
that report for more than one plant would bear a cost that would be a
multiple of the per-plant estimates.
There are two types of information collections required for the
Swine Contract Library.
The first information collection requirement consists of submitting
example contracts. Initially, a packer submits example contracts
currently in effect or available for each swine processing plant that
is subject to the regulations. Subsequently, a packer submits example
contracts for any offered, new, or amended contracts that vary from
previously submitted contracts in regard to the base price
determination, the application of a ledger or accrual account, carcass
merit premium and discount schedules (including the determination of
the lean percent or other merit of the carcass that is used to
determine the amount of the premiums and discounts and how those
premiums and discounts are applied), or the use and amount of
noncarcass merit premiums or discounts. The initial submission of
example contracts requires more time than subsequent filings of new
contracts or changes, as packers initially need to review all their
contracts to identify the unique types that need to be represented by
an example contract submitted to AMS. Thereafter, subsequent filings
require a minimal amount of effort on the part of packers, as only
example contracts that represent a new or different type need to be
filed.
Packers are required to submit both written and verbal contracts.
Packers must document verbal contracts which adds to their existing
recordkeeping systems in order to comply with this requirement. The
optional ``Verbal Contract Optional Documentation Sheet,'' (Form PSD
343) provides a format to document the verbal agreement. A ``Contract
Submission Cover Sheet'' (Form PSD 342) must accompany each contract
submission to identify the contract, the plant or plants for which the
contract is valid, and the contact person.
The second information collection requirement is a monthly filing
of summary information on ``Monthly Report: Estimates of Swine To Be
Delivered Under Contract'' (Form PSD 341). The form for the monthly
filing is simple and brief. For new packers required to start
reporting, this data should be available in the packers' existing
record system. We encourage electronic submission and provide the
necessary information on procedures to submit data to AMS
electronically. A procedure exists to request a waiver on submitting
Form PSD 341 for respondents that do not currently use contracts.
The time requirements estimates used for the burden estimates below
were developed in consultation with AMS personnel knowledgeable in the
industry's recordkeeping practices. The estimates also reflect our
experience in assembling large amount of data during the course of
numerous investigations involving use of data collected from the
industry. Hourly wage estimates reflect average wages taken from the
BLS Occupational Employment Statistics in the states where current
respondents are located. Our experience indicates that a variety of
positions are used by various companies to complete the reporting and
recordkeeping tasks. Wages are therefore estimated for the most common
level of employee performing these tasks.
(1) Example Contracts
a. Contract Submission Cover Sheet (PSD 342)
Estimate of Burden: The reporting burden for contract submission
estimate includes 4 hours per plant for an initial review of all
contracts to categorize them into types and identify unique examples,
plus an additional 0.25 hours per unique contract identified during the
initial review to submit an example of that contract. After the initial
filing, the reporting burden estimate includes 0.25 hours per plant to
submit an example of each new or amended contract.
Respondents: Packers required to report information for the Swine
Contract Library.
Estimated Number of Respondents: 33 packers (total of 55 plants).
Estimated Number of Responses per Plant: Number of responses per
plant varies. Some plants could have no contracts, while others could
have up to 80 contracts. We receive an average of six example contracts
per plant per year for offered contracts and for amended existing or
available contracts.
Estimated Total Annual Burden on Respondents: Initial filing: 6
total hours for the initial filing of examples of existing contracts by
all plants newly subject to the regulations. Based on changes in the
industry, we anticipate one new plant to become subject to the
regulations each year. Calculated as follows: 4 hours per plant for
initial review x 1 new plant = 4 hours for initial review; 0.25 hours
per contract (reporting) x 6 example contracts per plant x 1 new plant
= 1.5 hours; 0.083 hours per contract (recordkeeping) x 6 contracts per
plant x 1 new plant = .5 hours; 4 hours + 1.5 hours + .5 hours = 6
total hours.
[[Page 9478]]
Subsequently, 81 total hours annually for all subsequent filing of
example contracts by all plants combined, based on an average of 6
newly offered or amended contracts annually.
Calculated as follows: 0.25 hours per contract (reporting) x 6
example contracts per plant x 55 plants = 82.5 hours. 0.083 hours per
contract (recordkeeping) x 6 example contracts per plant x 55 plants =
27.5 hours. 82.5 hours + 27.5 hours = 110 hours.
Total Cost: Initial filing $143.25 for one expected new plant.
Calculated as follows: 5.5 hours x $24.50 per hour = $134.75; 0.5 hours
x $17 per hour = $8.50; $134.50 + $8.50 = $143.25.
Subsequently, $2488.75 annually for all plants combined for
submission of subsequent filings. Calculated as follows: 82.5 hours x
$24.50 per hour = $2021.25; 27.5 x $17 per hour = $467.50; $2021.25 +
$467.50 = $2488.75.
b. Verbal Contract Optional Documentation Sheet (PSD 343)
Estimate of Burden: The reporting burden for documenting verbal
contracts using PSD 343 includes 0.25 hours per verbal contract
document. Each contract documented using PSD 343 should be accompanied
by PSD 342 therefor reporting burden is captured in estimates for PSD
342.
Respondents: Packers required to report information for the Swine
Contract Library.
Estimated Number of Respondents: 10 plants.
Estimated Number of Responses per Plant: 1.
Estimated Total Annual Burden on Respondents: 2.50 total hours
calculated as follows: 0.25 hours per contract (recordkeeping) x 1
contract per plant x 10 plants = 2.5 hours.
Total Cost: $133.13 for all verbal contracts using PSD 343
calculated as follows 2.5 hours x $53.25 per hour = $133.13.
(2) Monthly Summary
a. Monthly Report: Estimate of Swine To Be Delivered Under Contract
(PSD 341)
Estimate of Burden: The burden estimate for monthly summary
submission includes a one-time set up of 1 hour for a packer that chose
to create a spreadsheet or database for recordkeeping and preparation
of monthly estimates and a 2 hour burden for a packer to develop
procedures to extract and format the required information and to
develop an interface between the packer's electronic recordkeeping
system and AMS' system. The monthly recordkeeping burden is estimated
at 2.5 hours per plant. The reporting burden for compiling data,
completing and submitting the form includes an average of 2 hours per
manually prepared and submitted (by mail or facsimile) report and 1
hour per electronically prepared and submitted report. There is an
estimated additional.
Respondents: Packers required to report information for the Swine
Contract Library, less packers filing waiver requests.
Estimated Number of Respondents: 25 packers (total of 47 plants).
Estimated Number of Responses per Plant: 12 (1 per month for 12
months).
Estimated Total Annual Burden on Respondents: Initial filing: 3
hours per new plant. Calculated as follows: 1 hour per plant
(reporting) x 1 new plant = 1 hour; 2 hours per plant (recordkeeping) x
1 new plant = 2 hours; 1 hour + 2 hours = 3 hours.
Subsequently, 1998 total hours for all submitting plants.
Calculated as follows:
Manual filing: 2 hours per response x 12 responses per plant
(reporting) x 2 plants = 48 hours; 2.5 hours per month per plant
(recordkeeping) x 12 months x 2 plants = 60 hours; 48 hours + 60 hours
= 108 hours.
Electronic filing: 1 hour per response x 12 responses per plant
(reporting) x 45 plants = 540 hours; 2.5 hours per month per plant
(recordkeeping) x 12 months x 45 plants = 1350 hours; 540 hours + 1350
hours = 1890 hours; 1890 hours + 108 hours = 1998 hours.
Total Cost: Initial filing $124.50 for one expected new plant.
Calculated as follows: 2 hours (reporting) x $41.50 per hour = $83; 1
hours (recordkeeping) x $41.50 per hour = $41.50; $83+ $41.50 =
$124.50.
Subsequently, $37347 for all submitting plants. Calculated as
follows:
Manual filing: 48 hours (reporting) x $22.75 = $192; 60 hours
(recordkeeping) x $17 = $1020; $192+ $1020 = $2112.
Electronic filing: 540 hours (reporting) x 22.75 = 12285; 1350
hours (recordkeeping) x $17 per hour = $22950; $12285 + $22950 = $35235
$2112 + $35235 = $37347.
b. Annual Waiver Request
Estimate of Burden: The burden estimate for annual waiver request
includes 0.25 hours for documents and submitting a statement to AMS
confirming that the company or plant does not currently have any
marketing contracts that are subject to the regulation.
Respondents: Packers required to report information for the Swine
Contract Library, less packers filing waiver requests.
Estimated Number of Respondents: 8 packers (total of 8 plants).
Estimated Number of Responses per Plant: 1.
Estimated Total Annual Burden on Respondents: 2.67 hours.
Calculated as follows: 0.25 hours per plant (reporting) x 8 plants = 2
hours; .083 hours per plant (recordkeeping) x 8 plants = .67 hours; 2
hours + .67 hours = 2.67 hours
Total Cost: $117.83 for all waivered plants. Calculated as follows:
2 hours (reporting) x $53.25 = 106.5; .67 hours (recordkeeping) x $17 =
$11.33; $106.50 + $11.33 = $117.83.
The Paperwork Reduction Act also requires AMS to measure the
recordkeeping burden. Under the Packers and Stockyards Act and its
existing regulations, each packer is required to maintain and make
available upon request any records necessary to verify information on
all transactions between the packer and producers from whom the packer
obtains swine for slaughter. Records that packers are required to
maintain under existing regulations would meet the requirements for
verifying the accuracy of information required to be reported for the
Swine Contract Library. These records include original contracts,
agreements, receipts, schedules, and other records associated with any
transaction related to the purchase, pricing, and delivery of swine for
slaughter under the terms of marketing contracts. Additional annual
costs of maintaining records would be nominal since packers are
required to store and maintain such records as a matter of normal
business practice and in conformity with existing regulations.
As required by the Paperwork Reduction Act (44 U.S.C.
3506(c)(2)(A)) and its implementing regulations (5 CFR 1320.8(d)(1)),
AMS specifically requests comment on: (1) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (2) the accuracy of the agency's estimate of
the burden of the proposed collection of information including the
validity of the methodology and assumptions used; (3) ways to enhance
the quality, utility, and clarity of the information to be collected;
and (4) ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology. Comments may be sent to Stuart
Frank, Director, Packers and Stockyards Division, Agricultural
Marketing
[[Page 9479]]
Service, U.S. Department of Agriculture, 1400 Independence Ave. SW,
Room 2507, Washington, DC, 20250, Tel: 202-720-7051, Fax: 202-690-3207.
All comments received 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 become a matter of public
record.
Dated: March 11, 2019.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2019-04862 Filed 3-14-19; 8:45 am]
BILLING CODE 3410-02-P