In accordance
with the Paperwork Reduction Act (PRA) and the terms of 5 CFR 1320,
OMB submits the following comment on this Information Collection
Request (ICR): This ICR seeks approval of burden associated with a
rule proposed by GIPSA that make changes to regulations affecting
packers and stockyards. There are four information collections
associated with the proposed rule. In section 201.94 of the
proposed rule, GIPSA would require affected businesses to maintain
written justification to verify a business action. It would be
useful for GIPSA to specify which documents could suffice to
provide this justification and for how long they must be
maintained. It would also be useful for GIPSA to indicate how it
will evaluate these records, what criteria it will use to determine
whether a business action is justified, and what practical utility
this information will have. In section 201.213 of the proposed
regulation, GIPSA would require packers and poultry dealers to
submit sample versions of all types of contracts to GIPSA. GIPSA
would then post all contracts on its website. GIPSA should explain
what the practical utility of this information collection will be.
OMB notes that GIPSA does not currently include a description of
any steps that will be taken to protect or redact confidential
business information or personally identifiable information. It
would be useful for GIPSA to do so. In section 202.215 of the
proposed rule, GIPSA would require poultry dealers to submit
written notification to growers before suspending delivery of
birds. OMB notes that GIPSA does not provide any estimate of the
burden that would result from this requirement. In accordance with
the PRA, GIPSA should provide a burden estimate for this
requirement and describe its practical utility. In section 201.18
of the proposed rule, GIPSA would require packers and poultry
dealers to provide written notification to growers regarding what
constitutes a reasonable period of time to remedy of breach of
contract. OMB notes that GIPSA does not provide any estimate of
the burden that would be associated with this requirement. In
accordance with the PRA, GIPSA should provide this burden estimate.
In addition to the above, OMB notes that, in describing efforts to
collect this information using electronic media, GIPSA refers only
to previously approved information collections related to the
Packers and Stockyards Act. It would be useful for GIPSA to
describe any and all efforts to make the information being
requested in this collection possible in an electronic format. OMB
notes that question five of the supporting statement asks GIPSA to
describe any methods used to minimize burden on small businesses.
GIPSA describes how many small businesses it believes will be
affected by these requirements but does not describe efforts to
minimize burden on those entities. It would be useful for GIPSA to
do so. OMB notes that the proposed rule was published with a 60-day
comment period on June 22, 2010. GIPSA does not indicate how many
comments were received on the proposed rule. It would be useful for
GIPSA should describe the total number of comments received and
provide a summary of the substantive issues raised by commenters.
OMB notes that GIPSA has listed all the burden associated with this
request as a single information collection. In fact, there are four
separate information collections. It would be useful for GIPSA to
correct this apparent oversight.
Inventory as of this Action
Requested
Previously Approved
36 Months From Approved
0
0
0
0
0
0
0
0
0
Information is required in order to
ensure that GIPSA and all participants in the livestock and poultry
industries have access to contracting and other pertinent
information. This information will be used as a basis for producers
to make more informed business decisions, as well as allowing for
better enforcement of the Packers and Stockyards Act. Respondents
will include poultry dealers and swine contractors.
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
SupportingStatementNEW0580 05-26-10.docx
Copy of APHIS-71_-_0015_(3b)(1).xlsx
Implementation of Reg Required Under Title XI of the Food, Con Energy Act of 2008 - Private Sector