Beef Research & Promotion: Producer Request for State to Retain Checkoff Assessment Form

Forms and Documents

Document Name	Status
Form LPS-2 Retaining Assessment Form	New
Emergency SuptStmt Soybean & Beef (Retain Assessment) 8-22-17.doc Supporting Statement A	2017-08-22
Memorandum and Order (R Calf vs Sonny Perdue USDA) 06 21 17.pdf Supplementary Document	2017-08-17
AMS Emergency Memo Qualified State Beef Councils.pdf Supplementary Document	2017-08-31
AMS 71 (Beef Retain Assessments) 8-17-17.xlsx Supplementary Document	2017-08-17

IC Document Collections

IC ID	Document Title	Status
227954	Retaining Assessment Form	New

ICR Details

OMB Control No: 0581-0302	ICR Reference No: 201708-0581-003
Status: Historical Active	Previous ICR Reference No:
Agency/Subagency: USDA/AMS	Agency Tracking No:
Title: Beef Research & Promotion: Producer Request for State to Retain Checkoff Assessment Form
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Emergency	Approval Requested By: 09/25/2017
OIRA Conclusion Action: Approved without change	Conclusion Date: 09/20/2017
	Date Received in OIRA: 08/31/2017
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	03/31/2018	6 Months From Approved
Responses	100	0	0
Time Burden (Hours)	8	0	0
Cost Burden (Dollars)	0	0	0

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Abstract: This form will be used by some beef producers in Montana (and any other state subject to a similar court order) who request that a portion of their required Federal assessment be retained by the Qualified State Beef Councils (QSBC).

Emergency Justfication: On June 21, 2017, a U.S. District Court Judge in Montana issued a preliminary injunction enjoining USDA from continuing to allow Montana Beef Council (MBC) to use the assessments that it is qualified to collect under the Beef checkoff Program to fund advertising campaigns, unless a cattle producer provides prior affirmative consent authorizing MBC to retain a portion of the cattle producer's assessment. Without the producer's permission for the state to retain a portion of the Federal assessment, MBC will likely have insufficient funds and could be forced to cease operations.

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Authorizing Statute(s): US Code: 7 USC 2901-2911 Name of Law: Beef Promotion and Research Act of 1985
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Retaining Assessment	LPS-2	Producer Request to Retain Beef Checkoff Assessments

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	100	0	0	100	0	0
Annual Time Burden (Hours)	8	0	0	8	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This is a new collection and form.

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Annual Cost to Federal Government: $0

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 08/31/2017

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