Export Inspection and Weighing Waiver for 
High Quality Specialty Grain Transported in Containers
0580-0022

TERMS OF CLEARANCE:  Upon next submission of this package for extension, the agency should report what percentages of respondents were permitted to submit records electronically.

RESPONSE:  One hundred percent of respondents have the option of either submitting documents via email, fax, or postal service. 

1.  Explain the circumstances that make the collection of information necessary.  Identify any legal or administrative requirements that necessitate the collection.

The United States Grain Standards Act (USGSA), with few exceptions, requires official certification of export grain sold by grade.  The regulations promulgating the USGSA require specific information collection and record-keeping necessary to enforce provisions in the statute.  

The regulations waive high quality specialty grain exported in containers from the mandatory inspection and weighing requirements in the USGSA.  To ensure that exporters of high quality specialty grain comply with this waiver, GIPSA asked exporters to maintain records generated during their normal course of business that pertain to these shipments and make these documents available to GIPSA upon request.  GIPSA had no other means available to monitor the grain industry’s compliance with provisions of this waiver.

2.  Indicate how, by whom, 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.

To comply with the waiver of the mandatory inspection and weighing requirements, GIPSA asked exporters of high quality specialty grain transported in containers to maintain records generated during their normal course of business that pertained to those shipments and make those documents available to GIPSA upon request. 

Experience had shown that the U.S. grain industry maintained grain contracts that specified quality parameters agreed to by buyers and sellers of grain.  Grain contracts would provide sufficient information to determine if exporters of high quality specialty grain transported in containers were complying with the waiver.  This information collection requirement is essential in order for GIPSA to enforce provisions set forth in the USGSA.

To ensure compliance with the Export Inspection and Weighing Waiver for High Quality Specialty Grain Transported in Containers, GIPSA requested 40 exporters to provide grain contracts on sales completed within the last three years to verify that the quality of grain exported in containers met the High Quality Specialty Grain definition.  To lessen the burden of exporters submitting requested documentation, GIPSA provided the option for exporters to submit documentation electronically (fax or e-mail).  GIPSA will request grain contracts annually.  

3.  Describe whether, and to what extent, the collection of information involves the use of automated, electronic, mechanical, 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.

Under the E-Gov Act of 2002, GIPSA provides its customers the opportunity to submit the requested information electronically to the maximum extent possible.  Presently, GIPSA has the latest technology in place to communicate with its customers quickly and efficiently.  GIPSA encourages its customers to provide information needed to ensure compliance with this waiver through automated, electronic, mechanical, or other forms of information technology.

4.  Describe efforts to identify duplication.  Show specifically why any similar information already available cannot be used or modified for use for the purpose described in item 2 above. 

There was no similar request for such information.

5.  If the collection of information impacts small businesses or other small entities, describe any methods used to minimize burden.

GIPSA is minimizing burden by not requiring exporters of high quality specialty grains to complete or submit new Federal government record(s), form(s), or report(s).  GIPSA has asked such entities to make available a copy of their sales contract, which would verify grain quality.  In many cases, a sales contract consists of a single page.

6.  Describe the consequences 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.

Without the collection of this information, GIPSA would have no means to determine whether customers are complying with the provisions set forth in the USGSA.  

7.  Explain any special circumstances that require the collection to be conducted in a manner inconsistent with the general information collection guidelines in 5 CFR 1320.5.

This collection of information is consistent with 5 CFR 1320.5.

8.  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 form, and on the data elements to be recorded, disclosed, or reported.  If applicable, provide a copy and identify the date and page number of publication in the Federal Register of the agency's notice, soliciting comments on the information collection prior to submission to OMB. 

GIPSA meets on a regular basis with representatives which are directly affected by the USGSA, and its related regulations and instructions.  These meetings are conducted to discuss program activity and correct or resolve concerns.

     National Grain and Feed Association
   Contact Person:  Mr. Kendall Keith
   Address:  1250 Eye Street, Northwest
    Suite 1003
   Washington, DC; 20005
   Telephone number:  202-289-0873
 
   North American Export Grain Association
   Contact Person:  Mr. Gary C. Martin
   Address:  1250 Eye Street, Northwest
   Suite 1003
   Washington, DC, 20005
   Telephone number:  202-682-4030

   U.S. Wheat Associates
   Contact Person:  Jim Frahm
   Address:  3103 10th Street, North
   Suite 300
   Arlington, Virginia 22201
   Telephone number:  703-650-0240

On October 2, 2008, GIPSA published a notice in the Federal Register (73 FR 57319) requesting an extension and revision of the currently approved information collection of high quality specialty grain transported in containers contracts.  There were no comments received.

9.   Explain any decision to provide any payment or gift to respondents, other than remuneration of contractors or grantees.

This information collection activity involves no payments or gifts to respondents.  

10.  Describe any assurance of confidentiality provided to respondents and the basis for the assurance in statute, regulation, or agency policy.

Documents submitted by the public are considered confidential and are only used for official purposes.  All public records are maintained and handled according to the provisions of the Freedom of Information Act and the Privacy Act.  There is no additional assurance of confidentiality provided by statute or regulation.

11.  Provide additional justification for any questions of a sensitive nature, such as sexual behavior and attitudes, religious beliefs, and others that are 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.

This collection of information contained no questions of a sensitive nature.

12.  Provide estimates of the hour burden of the collection of information.  Indicate the number of respondents, frequency of response, annual hour burden, and an explanation of how the burden was estimated.   

See APHIS Form 71.  Burden estimates were determined by using various program area expertises to provide best estimated of the time to maintain records required by this wavier, as a matter of normal business recordkeeping practice. 

	Number of respondents – 40
Frequency of responses – Annually
	Annual burden hours – 240

GIPSA estimates the total annualized cost to the respondents to be $ 1836.  GIPSA arrived at this figure by multiplying the hours of estimated response time (240 hours) by the estimated average hourly wage of the above respondents ($7.65).

The hourly rate was derived from the U.S. Department of Labor, Bureau of Labor Statistics May 2008 Report – Occupational Employment and Wages in the United States.  See http://www.bls.gov/eos/.

13.  Provide estimates of the total annual cost burden to respondents or recordkeepers resulting from the collection of information, (do not include the cost of any hour burden shown in items 12 and 14).  The cost estimates 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.

There are no capital or startup costs associated with this information collection.

14.  Provide estimates of annualized cost to the Federal government.  Provide a description of the method used to estimate cost and any other expense that would not have been incurred without this collection of information.

There is no annualized cost to the Federal government, because it is recordkeeping only.  

15.  Explain the reasons for any program changes or adjustments reported in Items 13 or 14 of the OMB Form 83-1.

After contacting exporters of high quality specialty grain transported in containers.  It was determined that the original estimated number of respondents was high.

Thus, the total annual burden hours, decreased from 480 to 240.  
	
16.  For collections of information whose results are planned to be published, outline plans for tabulation and publication.

	There were no plans to publish information obtained through this collection.

17.  If seeking approval to not display the expiration date for OMB approval of the information collection, explain the reasons that display would be inappropriate.

GIPSA did not seek approval to not display the expiration date for OMB approval.

18.  Explain each exception to the certification statement identified in Item 19 "Certification for Paperwork Reduction Act Submissions" of OMB Form 83-1.

There were no exceptions to the certification statement.