2009 SUPPORTING STATEMENT
Pistachios Grown in California
(Recommended Decision – AZ & NM)
OMB Number 0581-NEW
Justification
1. EXPLAIN THE CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY. IDENTIFY ANY LEGAL OR ADMINISTRATIVE REQUIREMENTS THAT NECESSITATE THE COLLECTION.
Marketing Order No. 983 (7 CFR Part 983) covering pistachios grown in the State of California emanates from enabling legislation, the Agricultural Marketing Agreement Act of 1937, Secs. 1-19, 48 Stat. 31, as amended, (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Act authorizes marketing order promulgation for certain agricultural commodities and regulation issuance thereof to provide orderly marketing conditions in interstate and intrastate commerce and to improve producer returns. The Act provides in section 608(d)(1) that information necessary to determine the extent to which an order has effectuated the declared policy of the Act shall be furnished at the request of the Secretary of Agriculture (Secretary). The rules of practice and the procedure governing proceedings to formulate marketing orders are contained in 7 CFR Part 900.
Under this authority, the Administrator of the Agricultural Marketing Service (AMS) is issuing Recommended Decision proposing amendments to Marketing Order No. 983 (order), following a public hearing held in accordance with procedures set forth in 7 CFR Part 900. If approved by growers in a referendum, the Order will expand the production area to include states of Arizona and New Mexico, resulting in an increase in reporting burden due to additional handlers being regulated and additional growers in the regulated area. The increase in handlers and growers would affect the reporting burden associated with certain forms currently approved under OMB No. 0581-0215, relating to Committee nominations, referenda, and handler reporting requirements by additional respondents. The proposed amendment would not involve any additional forms, only an increase in respondents and reporting burden. In addition, conforming changes would be made to the title to include Arizona and New Mexico, as well as to certain forms. We are, therefore, requesting approval by the Office of Management and Budget (OMB) of a new information collection, under OMB No. 0581-NEW, Pistachios Grown in California. Upon approval, we will request that the burden be merged into OMB No. 0581-0215.
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.
The order is administered by an 11-member Administrative Committee for Pistachios (Committee), comprised of eight producers, two handlers and one public member. The committee is proposed to be expanded to 12 members: 9 producers, 2 handlers and a public member. The extra grower seat would represent Arizona and New Mexico, if the production area is expanded. For each member, there is an alternate member. Each member serves a two-year term, beginning July 1. The terms are staggered, resulting in half of the memberships expiring each year. Committee members may serve a total of up to four consecutive, two-year terms of office. The members and alternates are appointed by the USDA to administer the program locally and are selected from nominations submitted by pistachio producers and handlers in the production area.
The marketing order and the rules and regulations issued thereunder authorize the
Committee to require producers and handlers to submit certain information, as provided in Sections 900.14, 900.90, 900.304, 900.400, 983.33, 983.37, 983.38, 983.39, 983.40, 983.41, 983.47, 983.49, 983.53, 983.66, and 983.70.
The Committee has developed forms as a convenience for persons who are required to file information with the Committee relating to pistachio supplies, shipments, dispositions, and other information needed to effectively carry out the purposes of the Act and the order.
The information required under the order is gathered on the following forms and is used by the Committee and/or the USDA as outlined below:
a) Producer’s Referendum Ballot and/or Official Producer’s Ballot (FV-240 and FV-240-A (Sections 900.14, 900.304, 900.400 and 983.66): Producers use these ballots for multiple purposes, such as voting on establishing, amending or terminating a marketing order. The ballots allow eligible producers to vote in a referendum and to verify the voters eligibility. Information collected includes: the vote cast; eligibility statement with production information; name and signature and type organization (individual, trust, partnership, or corporation); Tax Identification Number; partnership names; address and telephone.
Marketing Agreement, FV-242 (Sections 900.14 and 900.90): Handlers use this form to promulgate or amend an order. Handlers voluntarily sign the agreement, indicating their willingness to abide by provisions regulating respective commodity handling in the promulgated or amended order. Referendum agents distribute and collect the marketing agreements from the handlers.
Confidential Producer/Handler and Public Member Qualification and Acceptance Statement FV-243 (Section 983.33): This form, used by those candidates nominated to serve as members and alternate members on the Committee, requests information on the nominee's role in pistachio production, handling, industry organizations and programs. The Secretary uses this information to determine nominee eligibility to serve in positions for which they were nominated. This form includes an acceptance statement that nominees would sign indicting that if or when an appointee is nominated they would be willing to serve on the Committee.
Handler and Alternate Member Nomination Ballot, FV-244 (Section 983.33): This form permits qualifying handlers to vote for a handler member or alternate for the Committee. Information requested includes: name and signature; type or organization (individual, trust, partnership or corporation); name of business entity; telephone; number; verification of address, production information, Tax ID and vote cast.
Producer and Alternate Member Nomination Form, FV-245 (Section 983.33): Producers prepare this form to nominate candidates to serve as a producer member on the Committee. Producers may only nominate producers. A producer/handler may nominate either a producer or a handler, but not both.
Handler Member Nomination Form, FV-245A (Section 983.33): Handlers use this form to nominate candidates to serve as a handler member on the Committee. Handlers may only nominate handlers. A producer/handler may nominate either a producer or a handler, but not both.
Producer and Alternate Member Ballot, FV-246 (Section 983.33): This form permits qualifying pistachio producers to vote for the producer members and alternates of their choice. Information requested includes a signature, verification of address, production information, Tax ID and vote cast.
h) Receipts/Assessment Report (Form ACP-1), (Sections 983.47 and 983.53): Pistachio handlers, who receive pistachios for processing (removal of green hulls and drying pistachios to 5 percent moisture), file this form once a year with the committee. Such regulated handlers would be required to pay an assessment attributable to the assessed weight of pistachios received by the handler and to report that assessed weight to the committee on the ACP1; Receipts/Assessment form. The form covers the following worksheet on pistachio data: total marketable in-shell; total marketable closed-shell; total marketable shelling stock; total assessed weight; total assessment due; any penalty due; and the handler employee signature.
i) Failed Lot Notification (Form ACP-2), (Section 983.40(b)): Pistachio handlers who have a failed pistachios lot due to minimum size/quality certification and/or maximum aflatoxin concentration, file this form with the committee within 10 days of test completion. The owner/handlers send the original to the committee office and retain a copy for their records. The handler completes Section A of this form and is required to describe the lot, report the lot ID marks, list the weight in pounds, the container size and description; identify the product’s owner/handler, list the handler’s address, whom the product was sampled by, the sampling date, and the agency’s name that sampled the product. USDA’s inspection and certification agency completes Section B. The USDA inspector records if the lot passes or fails marketing order requirements and the sampling certification number. If a lot fails minimum size/quality inspection, the inspector returns the form to the handler who, under the supervision of the inspector, sends it to the committee. An accredited aflatoxin testing laboratory completes Section C of this form. The lab records whether the lot failed aflatoxin requirements and notes the laboratory certification number, as well as the results of the tests conducted and the test averages. If the lot fails minimum size/quality certification, the handler completes the bottom of the form with the signature, date, and identification information. If the lot failed aflatoxin tolerances, an accredited lab representative completes the bottom by providing the signature, date, and lab identification information.
j) Failed Lot Disposition and Rework Report (Form ACP-3), (Sections 983.40(c) and 983.40(d)): The handler notifies the committee with this form when disposition or rework of a failed lot has been completed (committee previously notified by filing on the ACP-2 form). The form is divided into two sections. Section A covers the lot description and lot identification, lot size and container description, as well as the handler/owner of the lot and aflatoxin and minimum quality certificate numbers. This is to associate the form with information from the ACP-2 form. Section B1, “Non-Human Consumption,” covers the number of pounds, appropriate bills of lading, the identity of the person receiving the pistachios, and the intended use. Section B2, “Export,” covers the pounds of failed pistachios shipped to export, bills of lading numbers, customers, and contact information. Section B3, “Rework,” covers the number of pounds reworked; pounds accepted and submitted for certification, as well as the pounds rejected; the rework procedure location; a description of the rework process, new lot description and identification, including container description; minimum quality inspection results and certificate number; maximum aflatoxin inspection and certificate numbers with aflatoxin results and averages. Section B4, “Shelled,” provides data on the number of pounds shelled and the location of the sheller. Additionally, this section requires the handler signature, as well as the date for the individual who filled out the ACP-3 form.
FMO Exempt Handler Notification, (Form ACP-4), (Sections 983.70 and 983.147(c) and (g)): Handlers submit this form to the committee for an exemption under ' 983.70 if they receive 5,000 pounds or less (assessed weight) of pistachios in a given production year. The form must be submitted by November 15th of each production year. The handler completes Section A and is required to provide his/her name, address, and the assessed weight handled in pounds, as well as the production year. The handler signs, dates and completes handler identification information and then submits it to the committee.
Minimal Testing Form, (Form ACP-5), (Section 983.41(b)): Handlers will complete this form by August 1, prior to each production year if they handle less than 1,000,000 pounds (assessed weight) of pistachios in a given production year. Upon form approval, the committee offers the option of complying with the marketing order, according to '983.41. The handler completes Section A of this form and provides the handler name, address, assessed pounds handled and the production year. The handler is required to complete the middle of the form by signing, dating, and completing the handler identification information. The committee completes Section B of the form by providing the signature, date, and committee identification information. The committee then returns a copy of the form to the handler.
m) Inter-Handler Transfer, (Form ACP-6), (Sections 983.38(c) and 983.39(d)): Pistachio handlers file this form with the committee as needed. The information collected on this form includes the date of transfer, the transferring and receiving handlers, a description of the inventory including lot description and identification marks, weight and container size/description, inspection status of the lot, aflatoxin and minimum size/quality certificate numbers, and signatures of both the transferring and receiving handlers. The transferring handler fills out the form and submits a copy to the committee within 30 days of the transfer. The transferring handler must also provide the receiving handler with the original and a copy of the form. The receiving handler must sign and submit the original to the committee within 30 days of the transfer. Both handlers are responsible for maintaining a copy of the completed forms for their records for three years after the end of the production year in which the transfer took place.
n) Monthly Report of Inventory/Shipments (Form ACP-7), (Sections 983.37 and 983.49): Pistachio handlers currently file this form on a monthly basis to the committee. The form, based on the monthly inventory/shipment report handlers must file with the California Pistachio Commission (CPC),covers the following on the pistachio data worksheet: There are five categories of pistachios including open shell, artificially opened, closed shell, shelling stock and loose kernels. Handlers must report each category (with exceptions listed below) under the descriptions of beginning inventory, grower deliveries (new crop), current month’s shipments domestic, export, splitting/shelling adjustments, inter-handler transfers, non-handler purchases of product, inventory adjustments, and ending inventory. A signature line is provided for the handler signature. Instructions are attached to assist in filling out ACP-7. While handlers may opt to fill out the monthly inventory/shipment report, they may also attach a photocopy of the CPC report and sign the ACP-7.
o) Producer Delivery Report (Form ACP-8) Section 983.147(g): Handlers are required to annually provide the names of producers who deliver pistachios to them, the producers’ mailing addresses and other contact information (telephone and facsimile numbers and email addresses), the producers’ tax identification number, total receipts of pistachios from each producer, and the counties in which the pistachios were grown. These reports would allow the committee to identify all authorized voters for committee selections and referenda in which each business entity is entitled to cast one vote. Individual producers may produce and deliver pistachios under more than one business entity. The information collected on this new report would also allow the committee to determine whether individual producer eligibility to represent more than one business entity based upon the tax identification numbers.
3. DESCRIBE WHETHER, AND TO WHAT EXTENT, THE COLLECTION OF INFORMATION INVOLVES THE USE OF AUTOMATED, ELECTRONIC, MECHANICAL, OR OTHER TECHNOLOGICAL COLLECTION TECHNIQUES 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.
Currently, the status of the pistachio forms is as follows: There are a total of 8
FV-Forms that will be exempt from requirements. Four of the forms involve balloting, which requires strict voting procedures that currently need in-person oversight implementation by the AMS Compliance office to ensure confidentiality and validity. Also, committees infrequently use these forms – only once every six years. The remaining four forms are used infrequently by a small number of respondents. These forms will be used to submit information directly to the Committee, which administers the order. The Committee is not part of a Federal agency, but is a commodity industry committee that operates under Federal authority and oversight. Though AMS is committed to complying with the e-Government Act, which requires government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible, the availability and submission of forms electronically is at the Committee’s discretion. All applicable forms that have been converted to a PDF fillable format in the interim will be posted on the internet allowing the industry the option of electronic submission. The Committee periodically reviews information collection forms to ensure industry member ease-of-use – the forms must be easy to fill out and place as small a burden as possible on respondents.
4. DESCRIBE EFFORTS TO IDENTIFY DUPLICATION. SHOW SPECIFICALLY WHY ANY SIMILAR INFORMATION ALREADY AVAILABLE CANNOT BE USED OR MODIFIED FOR USE FOR THE PURPOSE(S) DESCRIBED IN ITEM 2 ABOVE.
Information collection processes are periodically reviewed to avoid unnecessary duplication by industry and public sector agencies. At the present time, there is no duplication between Federal agencies.
IF THE COLLECTION OF INFORMATION IMPACTS SMALL BUSINESSES OR OTHER SMALL ENTITIES (ITEM 5 OF THE OMB FORM 83-1), DESCRIBE THE METHODS USED TO MINIMIZE BURDEN.
Information collection requirements have been reduced to the minimum to oversee each order or agreement. This information collection and reporting burden is relatively small. Requesting this information from producers does not pose a significant disadvantage to any of the respondents.
DESCRIBE THE CONSEQUENCE 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.
The information is collected on an as-needed basis. If the information collection herein was not collected, the Secretary could not ascertain the support level for the order, nor in fact, carry out obligations required by the Act. Collecting data less frequently would also eliminate the Secretary’s ability to administer the order.
EXPLAIN ANY SPECIAL CIRCUMSTANCES THAT WOULD CAUSE AN INFORMATION COLLECTION TO BE CONDUCTED IN A MANNER:
REQUIRING RESPONDENTS TO REPORT INFORMATION TO THE AGENCY MORE OFTEN THAN QUARTERLY;
REQUIRING RESPONDENTS TO PREPARE A WRITTEN RESPONSE TO A COLLECTION OF INFORMATION IN FEWER THAN 30 DAYS AFTER RECEIPT OF IT;
REQUIRING RESPONDENTS TO SUBMIT MORE THAN AN ORIGINAL AND TWO COPIES OF ANY DOCUMENT;
REQUIRING RESPONDENTS TO RETAIN RECORDS, OTHER THAN HEALTH, MEDICAL, GOVERNMENT CONTRACT, GRANT-IN-AID, OR TAX RECORDS FOR MORE THAN 3 YEARS;
IN CONNECTION WITH A STATISTICAL SURVEY, THAT IS NOT DESIGNED TO PRODUCE VALID AND RELIABLE RESULTS THAT CAN BE GENERALIZED TO THE UNIVERSE OF STUDY;
REQUIRING THE USE OF A STATISTICAL DATA CLASSIFICATION THAT HAS NOT BEEN REVIEWED AND APPROVED BY OMB;
THAT INCLUDES A PLEDGE OF CONFIDENTIALITY THAT IS NOT SUPPORTED BY AUTHORITY ESTABLISHED IN STATUE OR REGULATION, THAT IS NOT SUPPORTED BY DISCLOSURE AND DATA SECURITY POLICIES THAT ARE CONSISTENT WITH THE PLEDGE, OR WHICH UNNECESSARILY IMPEDES SHARING OF DATA WITH OTHER AGENCIES FOR COMPATIBLE CONFIDENTIAL USE; OR
REQUIRING RESPONDENTS TO SUBMIT PROPRIETARY TRADE SECRET, OR OTHER CONFIDENTIAL INFORMATION UNLESS THE AGENCY CAN DEMONSTRATE THAT IT HAS INSTITUTED PROCEDURES TO PROTECT THE INFORMATION’S CONFIDENTIALITY TO THE EXTENT PERMITTED BY LAW.
There are no special circumstances. The collection of information is conducted in a manner consistent with the guidelines in 5 CFR 1320.6.
IF APPLICABLE, PROVIDE A COPY AND IDENTIFY THE DATE AND PAGE NUMBER OF PUBLICATION IN THE FEDERAL REGISTER OF THE AGENCY’S NOTICE, REQUIRED BY 5 CFR 1320.8(d), SOLICITING COMMENTS ON THE INFORMATION COLLECTION PRIOR TO SUBMISSION TO OMB. SUMMARIZE PUBLIC COMMENTS RECEIVED IN RESPONSE TO THAT NOTICE AND DESCRIBE ACTIONS TAKEN BY THE AGENCY IN RESPONSE TO THESE COMMENTS. SPECIFICALLY ADDRESS COMMENTS RECEIVED ON COST AND HOUR BURDEN.
The 60-day comment notice for this information collection is embedded into the Recommended Decision and Opportunity to file Written Exceptions to Proposed Amendment of Marketing Order No. 983, that was published in the Federal Register on xx/xx/xxxx, (AO-FV-08-0147; AMS-FV-08-0051; FV08-983-1, RIN Number 0851-ZA11). .
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 FORMAT (IF ANY), AND ON THE DATA ELEMENTS TO BE RECORDED, DISCLOSED, OR REPORTED.
The data for the information collected is not available anywhere. Use of the ballot forms are required by regulations governing referendum procedure.
CONSULTATION WITH REPRESENTATIVES OF THOSE FROM WHOM INFORMATION IS TO BE OBTAINED OR THOSE WHO MUST COMPILE RECORDS SHOULD OCCUR AT LEAST ONCE EVERY 3 YEARS , EVEN IF THE COLLECTION OF INFORMATION ACTIVITY IS THE SAME AS IN PRIOR PERIODS. THERE MAY BE CIRCUMSTANCES THAT MAY PRECLUDE CONSULTATION IN A SPECIFIC SITUATION, THESE CIRCUMSTANCES SHOULD BE EXPLAINED.
The committee members and staff constantly pay attention to other marketing order actions through correspondence, meetings, and information received from the USDA. The committee consults with representatives from whom they obtain information on an annual basis. In addition, the Committee sends its meeting notices to all associated with the pistachio industry. Any concerns regarding committee business are welcome at those meetings. USDA marketing specialists will attend committee meetings and respond to questions and recommendations from members. The Committee has discussed the use of these forms with the Committee Manager, Bob Klein, phone number (559) 221-8294; or U.S. Department of Agriculture, Agricultural Marketing Service, Marketing Order Administration Branch, Marketing Specialist Terry Vawter, California Marketing Field Office, located in Fresno, California, phone (559) 487-5901.
EXPLAIN ANY DECISION TO PROVIDE ANY PAYMENT OR GIFT TO RESPONDENTS, OTHER THAN REMUNERATION OF CONTRACTORS OR GRANTEES.
AMS does not provide payments or gifts to respondents.
DESCRIBE ANY ASSURANCE OF CONFIDENTIALITY PROVIDED TO RESPONDENTS AND THE BASIS FOR THE ASSURANCE IN STATUTE, REGULATION, OR AGENCY POLICY.
Questions of a sensitive nature are not included on any form. Private information is required on the Confidential Producer/Handler and Public Member Qualification and Acceptance Statement (FV-243), which a nominee to the committee must fill out. These questions are asked to ascertain his/her qualifications to serve on the committee and include position in the industry or firm, years producing or handling, approximate volume produced or handled, and office held in industry organizations. This information is provided to the Secretary for use in the selection process.
The information collected on form, ACP-8 requires handlers to annually provide the producer names, addresses, tax identification number, and other contact information. The information collected allows the committee to determine whether individual producers are eligible to represent more than one business entity based upon the tax identification numbers.
Section 608(d) of the Act states that information acquired will be kept confidential, and that penalties exist for violating confidentiality requirements. Therefore, USDA requires AMS field office staff and employees in Washington, D.C. to maintain confidentiality. Other confidential information will be withheld from public review under the Freedom of Information Act and the Privacy Act, 5 USC 552.
PROVIDE ADDITIONAL JUSTIFICATION FOR ANY QUESTIONS OF A SENSITIVE NATURE, SUCH AS SEXUAL BEHAVIOR AND ATTITUDES, RELIGIOUS BELIEFS, AND OTHER MATTERS THAT ARE COMMONLY 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.
No questions of such sensitive nature are included in this information collection.
PROVIDE ESTIMATES OF THE HOUR BURDEN OF THE COLLECTION OF INFORMATION.
THE STATEMENT SHOULD:
INDICATE THE NUMBER OF RESPONDENTS, FREQUENCY OF RESPONSE, ANNUAL HOUR BURDEN, AND AN EXPLANATION OF HOW THE BURDEN WAS ESTIMATED. UNLESS DIRECTED TO DO SO, AGENCIES SHOULD NOT CONDUCT SPECIAL SURVEYS TO OBTAIN INFORMATION ON WHICH TO BASE HOUR BURDEN ESTIMATES. CONSULTATION WITH A SAMPLE (FEWER THAN 10) OF POTENTIAL RESPONDENTS IS DESIRABLE. IF THE HOUR BURDEN ON RESPONDENTS IS EXPECTED TO VARY WIDELY BECAUSE OF DIFFERENCE IN ACTIVITY, SIZE, OR COMPLEXITY, SHOW THE RANGE OF ESTIMATED HOUR BURDEN, AND EXPLAIN THE REASONS FOR THE VARIANCE. GENERALLY, ESTIMATES SHOULD NOT INCLUDE BURDEN HOURS FOR CUSTOMARY AND USUAL BUSINESS PRACTICES.
IF THIS REQUEST FOR APPROVAL COVERS MORE THAN ONE FORM, PROVIDE SEPARATE HOUR BURDEN ESTIMATES FOR EACH FORM AND AGGREGATE THE HOUR BURDENS IN ITEM 13 OF OMB FORM 83-I.
Estimates of the burden of collection of information are summarized on AMS 71 form. This information collection is being submitted due to the proposed expansion of the production area, and the increase in respondents and reporting burden of 29 hours. In addition, other minor conforming changes would be made to several existing forms currently approved in OMB No. 0581-0215.
PROVIDE ESTIMATES OF ANNUALIZED COST TO RESPONDENTS FOR THE HOUR BURDENS FOR COLLECTIONS OF INFORMATION, IDENTIFYING AND USING APPROPRIATE WAGE RATE CATEGORIES.
The respondents’ estimated annual cost of providing information to the committee is $957.00 This total has been estimated by multiplying 29 (total burden hours) by $33.00, the average mean hourly earnings of professional, specialty and technical white collar occupations, and executive, administrative, and managerial white collar occupations by worker and establishment characteristics and geographic (metropolitan) Data for computation of this hourly wage were obtained from the U.S. Department of Labor Statistics’ publication, “National Compensation Survey: Occupational Wages in the United States, June 2005”, published August 2006 (Bulletin 2581) also found at the website: http:www.bls.gov/nc/ocs/sp/ncb10832.pdf.
PROVIDE AN ESTIMATE 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).
IF COST ESTIMATES ARE EXPECTED TO VARY WIDELY, AGENCIES SHOULD PRESENT RANGES OF COST BURDENS AND EXPLAIN THE REASONS FOR THE VARIANCE. THE COST OF PURCHASING OR CONTRACTING OUT INFORMATION COLLECTION SERVICES SHOULD BE A PART OF THIS COST BURDEN ESTIMATE. IN DEVELOPING COST BURDEN ESTIMATES, AGENCIES MAY CONSULT WITH A SAMPLE OF RESPONDENTS (FEWER THAN 10), UTILIZE THE 60-DAY PRE-OMB SUBMISSION PUBLIC COMMENT PROCESS AND USE EXISTING ECONOMIC OR REGULATORY IMPACT ANALYSIS ASSOCIATED WITH THE RULEMAKING CONTAINING THE INFORMATION COLLECTION, AS APPROPRIATE.
GENERALLY, ESTIMATES SHOULD NOT INCLUDE PURCHASES OF EQUIPMENT OR SERVICES, OR PORTIONS THEREOF, MADE: (1) PRIOR TO OCTOBER 1, 1995, (2) TO ACHIEVE REGULATORY COMPLIANCE WITH REQUIREMENTS NOT ASSOCIATED WITH THE INFORMATION COLLECTION, (3) FOR REASONS OTHER THAN TO PROVIDE INFORMATION OR KEEPING RECORDS FOR THE GOVERNMENT, OR (4) AS PART OF CUSTOMARY AND USUAL BUSINESS OR PRIVATE PRACTICES.
There is no capital, startup, operation, or maintenance costs associated with this program.
14. PROVIDE ESTIMATES OF ANNUALIZED COST TO THE FEDERAL GOVERNMENT. ALSO, PROVIDE A DESCRIPTION OF THE METHOD USED TO ESTIMATE COST, WHICH SHOULD INCLUDE QUANTIFICATION OF HOURS, OPERATION EXPENSES (SUCH AS EQUIPMENT, OVERHEAD, PRINTING, AND SUPPORT STAFF), AND ANY OTHER EXPENSE THAT WOULD NOT HAVE BEEN INCURRED WITHOUT THIS COLLECTION OF INFORMATION. AGENCIES ALSO MAY AGGREGATE COST ESTIMATES FROM ITEMS 12, 13, AND 14 IN A SINGLE TABLE.
The estimated annual cost to the Federal Government, which includes salaries, benefits, travel, communication, supplies, etc., to administer this regulation is $96,000. The cost was developed by estimating the number of hours that the Agency employees will spend providing oversight and assistance for the administration, preparation of all stages of rulemaking, from the formal hearing stage proposing to amend the order, to the Recommended Decision, Secretary’s Decision, and the Final Order, as well as in the preparation of this information collection package (1200 hours) at approximately $80 per hour.
There are 8 agency forms contained in this information collection package (Producer Referendum Ballot (FV-240 and FV-240-A); Marketing Agreement (FV-242); Confidential Producer/Handler and Public Member Qualification and Acceptance Statement (FV-243); Handler and Alternate Member Nomination Ballot (FV-244); Producer and Alternate Member Nomination Ballot (FV-245); Handler member Nomination Form (FV-245A); and Producer and Alternate Member Ballot (FV-246)) that are funded by the agency. The committee pays for all the administrative costs of all other forms not included in the cost estimate. Committee funds are derived from assessments on shipments of California pistachios.
COSTS OF ADMINISTERING REFERENDUM BALLOTS AND USING BALLOTS, INCLUDING FOR PROPOSED AMENDMENT OF THE PISTACHIO MARKETING ORDER
(Numbers are rounded up or down as necessary)
Items and services required to administer a continuance referendum for the order, following proposed amendments to the order. Listed below are the costs associated with form administration of two of the agency forms (FV-240, Producer Referendum Ballot; and
FV-242, Marketing Agreement). This is based on the following scenario:
Postage:
Ballots to producers (80 x $.42 each) $33.60
Ballots returned from producers, assuming 50 percent 16.80
respond (80 x .50 x $.42) Marketing Agreement to handlers (5 x $.42) 2.10
Marketing Agreements returned from handlers, assuming 1.26
60 percent respond (5 x .60 x $.42)
Ballot Set Up for Printing and Mail Administration:
One and a half day set up of ballot by Marketing Specialist 9.74 Printing of labels 9.74
Printing or copies (80 x $.20) 16.00
Mailing Service – Placing in envelopes and labeling (80 x $.30) 24.00
Notice (Embedded with Recommended Decision)
Write-up of Notice – GS-13 Marketing Specialist (30 hours @ $45/hour) 1,350.00
Review of Notice 200.00
Publication of Recommended Decision & Notice in the Federal Register
(5 pages @ $600.00/page) 3,000.00
Counting of Ballots:
Two Marketing Specialists $1,056.00
(2 Specialists x 8 hours x $25/hour x 2 days = $800.00 and
Marketing Assistant
(1 Assistant x 8 hours x $16/hour x 2 days = $256.00)
TOTAL COST OF FORMS ADMINISTRATION FOR PROPOSED
AMENDMENT OF PISTACHIO MARKETING ORDER $5,719.24
amended, and the referendum is held every six years = $685.20 ($4,111.22/6) |
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Postage:
Ballots to producers (80 x $.42 each) $33.60
Ballots returned from producers, assuming 50 percent 16.80
respond (80 x .50 x $.42) Marketing Agreement to handlers (5 x $.42) 2.10
Marketing Agreements returned from handlers, assuming 1.26
60 percent respond (5 x .60 x $.42)
Ballot Set Up for Printing and Mail Administration:
One and a half day set up of ballot by Marketing Specialist 100.00 Printing of labels 100.00
Printing or copies (80 x $.20) 16.00
Mailing Service – Placing in envelopes and labeling (80 x $.30) 24.00
Write-up of Notice – GS-12 Marketing Specialist (16 hours @ $38/hour) $608.00
Review of Notice 100.00
Publication of Notice in the Federal Register (2 pages @ $600.00/page) 1,200.00
Counting of Ballots:
Two Marketing Specialists $1,056.00
(2 Specialists x 8 hours x $25/hour x 2 days = $800.00 and
Marketing Assistant
(1 Assistant x 8 hours x $16/hour x 2 days = $256.00)
COSTS OF ADMINISTERING SELECTION ORDER NOMINATION FORMS
AND BACKGROUND QUESTIONNAIRES
This includes five of the following forms: FV-243, Confidential Producer/Handler and Public Member Qualification and Acceptance Statement; FV-244, Handler and Alternate Member Nomination Ballot; FV-245, Producer and Alternate Member Nomination Form; FV-245A, Handler Member Nomination Form; and FV-246, Producer and Alternate Member Ballot.
Postage and Mailing:
All costs associated with collecting background information related to the qualification and acceptance statement are covered by the Administrative Committee for Pistachios.
Selection Order Development:
Write-up of Selection Order $168.00
(1 Marketing Assistant x 8 hours x $21/hour x 1 day)
Review (1 Marketing Specialist x 4 hours x $38/hour 152.00
ASU – Washington HQ (1 Secretary x $21/hour x 2 hours) 42.00
(2 Reviewers @ $52/hour x 1 hour each) 104.00
Total cost of administering the selection order $466.00
TOTAL COST TO AGENCY FOR FORM ADMINISTRATION (A&B) |
$1,151.20 |
EXPLAIN THE REASON FOR ANY PROGRAM CHANGES OR ADJUSTMENTS REPORTED IN ITEMS 13 OR 14 OF THE OMB FORM 83-1.
This is a new information collection. If the proposed expansion of the production area to include Arizona and New Mexico is implemented, it would result in an increase in the number of respondents (85) and reporting burden (29 hours). In addition, conforming changes would be made to the title to include Arizona and New Mexico, as well as to the text of certain forms. Upon approval, it is requested that the reporting burden in this collection be merged into OMB No. 0581-0215, Pistachios Grown in California.
16. FOR COLLECTIONS OF INFORMATION WHOSE RESULTS WILL BE PUBLISHED, OUTLINE PLANS FOR TABULATION, AND PUBLICATION. ADDRESS ANY COMPLEX, ANALYTICAL TECHNIQUES THAT WILL BE USED. PROVIDE THE TIME SCHEDULE FOR THE ENTIRE PROJECT, INCLUDING BEGINNING AND ENDING DATES OF THE COLLECTION OF INFORMATION, COMPLETION OF REPORT, PUBLICATION DATES, AND OTHER ACTIONS.
There are no plans to publish any information or data collected.
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.
AMS requests approval not to display the expiration date on the forms associated with this information collection. USDA orders forms well in advance of the marketing year, so forms can be mailed to growers in a timely manner. USDA orders forms in quantities large enough to get a price break. If USDA needs to order more forms prior to an OMB submission for extension of approval, there is no guarantee that OMB will use a requested expiration date. Also, there is some confusion to respondents thinking their forms can be submitted by the time noted in the expiration date, rather than an earlier date as stated elsewhere on the forms.
18. EXPLAIN EACH EXCEPTION TO THE CERTIFICATION STATEMENT IDENTIFIED IN ITEM 19, “CERTIFICATION FOR PAPERWORK REDUCTION ACT SUBMISSIONS,” OF OMB FORM 83-I.
The Agency certifies compliance with all provisions under OMB Form 83-I, Item 19.
COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS
This information collection does not employ statistical methods.
| File Type | application/msword |
| Author | VEmmer |
| Last Modified By | usda |
| File Modified | 2009-04-17 |
| File Created | 2009-04-17 |