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 Âwritten 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 Âreasonable 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 Âdescribe 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
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Previously Approved
36 Months From Approved
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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