Notice of Request for Extension and Revision of a Currently Approved Information Collection, 9476-9479 [2019-04862]

Agencies

• Agricultural Marketing Service
• DEPARTMENT OF AGRICULTURE

[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, gayle.l.barnett@usda.gov.

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