[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Notices]
[Pages 67887-67890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25803]


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Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / 
Notices

[[Page 67887]]



DEPARTMENT OF AGRICULTURE

Grain Inspection, Packers and Stockyards Administration


Notice of Request for New Information Collection

AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA.

ACTION: Notice of reopening and extension of comment period.

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SUMMARY: We announced in the Federal Register our intention to submit 
to the Office of Management and Budget two new information collection 
activities to support a large livestock and meat marketing study. That 
notice was published on September 9, 2004 (69 FR 54629-54630), and 
comments were due on November 8, 2004. This notice announces our 
intention to reopen that comment period until December 3, 2004.

DATES: We will consider comments that we receive by December 3, 2004.

ADDRESSES: We invite you to submit comments on this notice. You may 
submit comments by any of the following methods:
    <bullet> E-mail: Send comments via electronic mail to 
<a href="/cdn-cgi/l/email-protection#fd9e9290909893898ed39a948d8e9cbd888e999cd39a928b"><span class="__cf_email__" data-cfemail="3a595557575f544e49145d534a495b7a4f495e5b145d554c">[email protected]</span></a>.
    <bullet> Mail: Send hardcopy written comments to Tess Butler, 
GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 
20250-3604.
    <bullet> Fax: Send comments by facsimile transmission to: (202) 
690-2755.
    <bullet> Hand Delivery or Courier: Deliver comments to: Tess 
Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, 
Washington, DC 20250-3604.
    Instructions: All comments should make reference to the date and 
page number of this issue of the Federal Register.
    Background Documents: Information collection package and other 
documents relating to this action will be available for public 
inspection in the above office during regular business hours.
    Read Comments: All comments will be available for public inspection 
in the above office during regular business hours (7 CFR 1.27(b)).

FOR FURTHER INFORMATION CONTACT: Roger Schneider, Economist, USDA, 
GIPSA, (202) 720-7455, 1400 Independence Avenue, SW., Room 1642-S, 
Washington, DC 20250-3647, or via e-mail at <a href="/cdn-cgi/l/email-protection#72201d1517005c375c21111a1c171b16170032070116135c151d04"><span class="__cf_email__" data-cfemail="85d7eae2e0f7abc0abd6e6edebe0ece1e0f7c5f0f6e1e4abe2eaf3">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: The Grain Inspection, Packers and Stockyards 
Administration (GIPSA) of the U.S. Department of Agriculture (USDA) 
administers the Packers and Stockyards Act of 1921, as amended and 
supplemented (7 U.S.C. 181-229) (P&S Act). The P&S Act prohibits 
unfair, deceptive, and fraudulent practices by market agencies, 
dealers, stockyards, packers, swine contractors, and live poultry 
dealers in the livestock, meatpacking, and poultry industries. In 
fiscal year 2003, GIPSA received $4.5 million in appropriations for a 
packer concentration study, which will be a broad study of marketing 
practices in the entire livestock and red meat industries (Pub. L. 108-
7, 117 Stat. 22). The study will address many questions and concerns 
that have been raised about changes in the structure and business 
practices in the livestock and meat industries. We published a notice 
announcing the study and describing the approach that we planned for 
the study on May 30, 2003 (68 FR 32455-32458).\1\
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    \1\ Additional information about the study, including comments 
to the notice and the announcement of the contract to perform the 
study, is available on the GIPSA Web site (http://www.usda.gov/gipsa/psp/issues/livemarketstudy/livestock_marketing_study.htm).
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    More specifically, the study will: (1) Identify and classify spot 
and alternative marketing arrangements; (2) describe terms, 
availability, and reasons for use of spot and alternative marketing 
arrangements and associated prices; (3) determine extent of use, 
analyze price differences, and analyze short-run spot market price 
effects of alternative marketing arrangements; (4) measure and compare 
costs and benefits associated with spot and alternative marketing 
arrangements; and (5) analyze the implications of alternative marketing 
arrangements for the livestock and meat marketing system.
    In addition to publishing the notice announcing the information 
collection activities, on October 4, 2004, we sent a letter to packers 
and processors notifying them of the requirement to continue to 
maintain the required information. Subsequent to that, RTI 
International (RTI),\2\ the contractor responsible for the information 
collection activities, began pre-testing data collection procedures 
with a limited number (9 or fewer of each type) of respondents.
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    \2\ RTI International is a trade name of Research Triangle 
Institute.
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    We received six comments to the notice published on September 9, 
2004 (69 FR 54629-54630). Three of those comments requested an 
extension of the comment period. The requests came from two industry 
organizations whose members will be required to provide the information 
for which comments were requested and an industry member who will be 
required to provide information for which comments were requested. The 
extension requests ranged from 2 weeks to 90 days. One of the three 
commenters specified that additional time is needed to provide 
constructive comments.
    This notice reopens and extends the comment period on two 
information collection packages that we are preparing to submit to the 
Office of Management and Budget to collect information for the study. 
The first information collection package will cover transactions data 
on procurement and sales from meat packers, feeders, dealers, meat 
processors, food wholesalers, food retailers, food service operations, 
and meat exporters. The second information collection package will 
cover surveys about the use of spot and alternative marketing 
arrangements among cattle, hog, and lamb producers, meat packers, meat 
processors, food wholesalers, food retailers, food service operations, 
and meat exporters.
    Title: Livestock and Meat Marketing Study; Transactions Data and 
Survey of Spot and Alternative Marketing Arrangements.
    OMB Number: New collection.
    Expiration Date of Approval: New collection.
    Type of Request: New.
    Abstract: To conduct this study it is necessary to collect data on

[[Page 67888]]

procurement and sales transactions from a sample of meat packers, meat 
processors, food wholesalers, food retailers, food service operations, 
and meat exporters. The establishments selected for the sample will be 
asked to provide the requested data in an electronic format, to the 
greatest extent practicable.
    Response to this data collection, which constitutes a special 
report, will be required for meat packers and meat processors (7 U.S.C. 
222).\3\ The establishments will be asked to provide daily transactions 
data for procurement and sales for a 2.5-year period. Additionally, 
meat packers will be asked to provide summaries of operations data 
(profit and loss statements).
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    \3\ The recordkeeping requirements for the data covered by this 
information collection activity have been previously approved 
separately under OMB control number 0580-0015.
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    Response to this data collection will be voluntary for food 
wholesalers, food retailers, food service operations, and meat 
exporters. The establishments will be asked to provide transactions 
data for procurement and sales for a 2.5-year period in an aggregated 
format to reduce the burden.
    An example of some the information that will be required is shown 
in the following table for beef packers. More or less information may 
be required and different information may be required depending upon 
the type of livestock or meat the respondent purchases or sells, and 
the type of activity (for example, slaughter, processing, or 
wholesaling) conducted by the respondent. The information will be 
requested in electronic format; we are not specifying how the 
respondents must keep the information, but, as shown in the following 
table, will provide a suggested format for providing the information. 
Respondents providing the information in another format will be asked 
to provide a data dictionary to explain their format. The information 
collection package contains the detailed information collection 
requirements for each type of respondent. We will revise the requested 
information based on the results of the pre-test and public comments, 
as appropriate.

                                        Table 1.--Procurement Data Fields
                        [A transaction is defined as the purchase of a pen/lot of cattle]
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                     Field name                                  Description/suggested format for data
----------------------------------------------------------------------------------------------------------------
ID Number...........................................  ID number used by establishment to identify individual lot
                                                       or transaction.
Plant Name..........................................  Name of plant procuring cattle.
Purchase Date.......................................  Date lot of cattle was purchased from seller (yyyy/mm/dd).
Kill Date...........................................  Date first cattle in lot were slaughtered (yyyy/mm/dd).
Seller Name.........................................  Name of seller.
Seller City.........................................  City location of the feedlot where the cattle were fed
                                                       (Not the address or location of the owner of the cattle).
Seller State........................................  State location of the feedlot where the cattle were fed
                                                       (Not the address or location of the owner of the cattle).
Seller County.......................................  County location of the feedlot where the cattle were fed
                                                       (Not the address or location of the owner of the cattle).
Seller Zip..........................................  Zip code of the feedlot where the cattle were fed (Not the
                                                       address or location of the owner of the cattle).
Number of Head......................................  Number of live cattle in this lot (Exclude condemned and
                                                       dead).
Condemn.............................................  Number of condemned and dead cattle in this lot.
Cattle Type.........................................  1 = 95% or more of this lot was beef cattle; 2 = 95% or
                                                       more of this lot was dairy cattle; 3 = Mixed beef and
                                                       dairy cattle.
Steers..............................................  Percentage or Number of steers in this lot.
Heifers.............................................  Percentage or Number of heifers in this lot.
Bulls...............................................  Percentage or Number of bulls in this lot.
Cows................................................  Percentage or Number of cows in this lot.
Stag................................................  Percentage or Number of stags in this lot.
Bullocks............................................  Percentage or Number of bullocks in this lot.
Heiferettes.........................................  Percentage or Number of heiferettes in this lot.
Category Units......................................  1 = Number in the lot (for example, number of steers,
                                                       heifers, etc); 2 = Percentage in the lot (for example,
                                                       percentage of steers, heifers, etc).
Live Weight.........................................  Net live or actual purchase weight for this lot (Equal to
                                                       gross live weight minus pencil shrink).
Pencil Shrink.......................................  Shrink percentage used to calculate purchase weight.
Hot Weight..........................................  Total hot weight of this lot (carcass weight or dressed
                                                       weight, if weighed pre-chill).
Cold Weight.........................................  Total cold weight of this lot (if weighed post-chill).
Weight Units........................................  1 = Pounds; 2 = Hundred weight (cwt); 3 = Tons.
Total Cost..........................................  Total delivered cost of this lot (Includes cost of the
                                                       cattle, transportation, commission, feed costs, and hide
                                                       premiums charged to the packer by the seller).
Shipping Cost.......................................  Total transportation cost paid by packer (0 = if cost was
                                                       not paid by packer).
Commission Cost.....................................  Total commission cost paid by packer (0 = if cost was not
                                                       paid by packer).
Feed Cost...........................................  Total feed cost paid by packer (0 = if cost was not paid
                                                       by packer).
Hide Premium........................................  Total hide premium paid by packer (0 = if no premium was
                                                       paid by packer).
Prime...............................................  Percentage of this lot that were Quality grade Prime.
Choice..............................................  Percentage of this lot that were Quality grade Choice.
Upper Choice........................................  Percentage of this lot that were in the Upper 2/3 Choice.
Lower Choice........................................  Percentage of this lot that were in the Lower 1/3 Choice.
Select..............................................  Percentage of this lot that were Quality grade Select.
Standard............................................  Percentage of this lot that were Quality grade Standard.
Other...............................................  Percentage of this lot that were Quality grade of
                                                       something other than Prime, Choice, Choice Upper 2/3,
                                                       Choice Lower 1/3, Select, or Standard.
Quality Grade Units.................................  1 = Live weight; 2 = Hot weight; 3 = Cold weight; 4 =
                                                       Number of head.
Dark Cutter.........................................  Percentage or Number of cattle classified as dark cutters.
Dark Cutter Units...................................  1 = Number in the lot; 2 = Percentage in the lot.
Yield Grade 1.......................................  Percentage of this lot that were Yield Grade 1.
Yield Grade 2.......................................  Percentage of this lot that were Yield Grade 2.
Yield Grade 3.......................................  Percentage of this lot that were Yield Grade 3.

[[Page 67889]]

 
Yield Grade 4.......................................  Percentage of this lot that were Yield Grade 4.
Yield Grade 5.......................................  Percentage of this lot that were Yield Grade 5.
Yield Grade Other...................................  Percentage of this lot that were Yield Grade other than 1,
                                                       2, 3, 4, or 5.
Yield Grade Units...................................  1 = Live weight; 2 = Hot weight; 3 = Cold weight; 4 =
                                                       Number of head.
% Heavy Weight......................................  Percentage of cattle in lot that was classified heavy
                                                       weight.
Heavy Weight Units..................................  1 = Live weight; 2 = Hot weight; 3 = Cold weight; 4 =
                                                       Number of head.
Heavy Weight Limit..................................  Maximum weight allowed before cattle were classified heavy
                                                       weight.
% Light Weight......................................  Percentage of cattle in lot that was classified light
                                                       weight.
Light Weight Units..................................  1 = Live weight; 2 = Hot weight; 3 = Cold weight; 4 =
                                                       Number of head.
Light Weight Limit..................................  Minimum weight allowed before cattle were classified light
                                                       weight.
Age 30+.............................................  Percentage of cattle in lot that was 30 months of age and
                                                       older.
Age Units...........................................  1 = Live weight; 2 = Hot weight; 3 = Cold weight; 4 =
                                                       Number of head.
Kosher..............................................  1 = Cattle in this lot were eligible for Kosher status; 2
                                                       = Cattle in this lot were not eligible for Kosher status.
Halal...............................................  1 = Cattle in this lot were eligible for Halal status; 2 =
                                                       Cattle in this lot were not eligible for Halal status.
Certification Program...............................  1 = Cattle were raised under the requirements of a
                                                       certification program (Certified Angus Beef, Certified
                                                       Hereford Beef, etc.); 2 = Cattle were not raised under
                                                       the requirements of a certification program.
Procurement Method..................................  1 = Spot-Market/Open Market (cattle purchased directly
                                                       from feedlot, other seller, or at public markets within 2
                                                       weeks of kill date); 2 = Forward Contract (packer
                                                       contracts with seller to purchase lot of cattle at either
                                                       a fixed or basis price; contract is entered into at any
                                                       time between placement of cattle on feed and 2 weeks
                                                       prior to kill date); 3 = Packer-Fed/Owned (packer owned
                                                       cattle fed for slaughter at either custom feedlot or
                                                       packer owned or controlled feedlot); 4 = Marketing
                                                       Agreement (a long-term arrangement where packer agrees to
                                                       purchase specified number of cattle per specified time
                                                       period such as week, month, or year); 5 = Joint Venture
                                                       or Shared Ownership 6 = Other (purchasing method not
                                                       captured in other categories).
Pricing Method......................................  1 = Negotiated Privately; 2 = Open Bidding; 3 = Sealed
                                                       Bid; 4 = Formula Pricing; 5 = Internal Transfer Price; 6
                                                       = Other (pricing method not captured in other
                                                       categories).
Valuation Method....................................  1 = Live weight, fixed price, not dependent on grade and
                                                       yield; 2 = Carcass weight (hot or dressed weight), fixed
                                                       price, not dependent on grade and yield; 3 = Carcass
                                                       weight (hot or dressed weight), dependent on carcass
                                                       grade and yield or grid value; 4 = Other (valuation
                                                       method not captured in other categories).
----------------------------------------------------------------------------------------------------------------

    In addition, to complete this study it is necessary to conduct 
surveys of cattle, hog, and lamb producers, feeders, dealers, meat 
packers, meat processors, food wholesalers, food retailers, food 
service operations, and meat exporters. Participation in the surveys 
will be voluntary. Surveys will be mailed, with initial and follow-up 
contacts by telephone. The surveys will collect information on terms 
and frequency of use of alternative marketing arrangements; volume of 
livestock and meat transferred with alternative marketing arrangements, 
pricing methods for livestock and meat; reasons for using alternative 
marketing arrangements; and the effects of alternative marketing 
arrangements on costs and efficiencies, product quality, and risk 
shifting. The survey questions will be targeted to the appropriate 
industry segment to reduce burden. The surveys will request information 
about the respondents' operations for the previous fiscal year.
    All data collection requests will include a pledge of 
confidentiality and the data will be collected exclusively for 
statistical purposes consistent with the provisions of the Confidential 
Information Protection and Statistical Efficiency Act of 2002 (CIPSEA). 
In addition, the transactions data collected from meat packers and 
processors (part 1) will be subject to the confidentiality restrictions 
in the P&S Act. Analysis datasets created using the transactions data 
will be stored in an encrypted format. Individual data records will not 
include the identity of the establishment. The study findings will be 
reported to the public only in aggregated form so that individual 
establishments cannot be identified.

(1) Transactions Data

    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 40 hours per response.
    Respondents (Affected Public): Meat packers, meat processors, food 
wholesalers, food retailers, food service operations, and meat 
exporters.
    Estimated Number of Respondents: 400.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 16,000 hours.
    Total Costs: Transactions data reporting $435,072 for all 
establishments combined. Calculated as follows: (16,000 hours) x 
($27.192 per hour) = $435,072.

(2) Spot and Alternative Marketing Arrangements Survey

    Estimate of Burden: The public reporting burden for this collection 
of information is estimated to average 60 minutes per response.
    Respondents (Affected Public): Cattle, hog, and lamb producers, 
feeders, dealers, meat packers, meat processors, food wholesalers, food 
retailers, food service operations, and meat exporters.
    Estimated Number of Respondents: 3,800.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 3,800 hours.
    Total Costs: Survey reporting $139,080 for all establishments 
combined. Calculated as follows: (3,800 hours) x ($36.60 per hour) = 
$139,080.
    Copies of this information collection assessment can be obtained 
from Tess Butler; see ADDRESSES section for contact information.
    As required by the Paperwork Reduction Act (44 U.S.C. 
3506(c)(2)(A)) and its implementing regulations (5 CFR 
1320.8(d)(1)(i)), we specifically request comments on:
    (a) Whether the proposed collection of information is necessary for 
the proper performance of the functions of the agency, including 
whether the information will have practical utility;
    (b) The accuracy of the agency's estimate of the burden of the 
proposed collection of information, including the validity of the 
methodology and assumptions used;

[[Page 67890]]

    (c) Ways to enhance the quality, utility, and clarity of the 
information to be collected; and
    (d) Ways to minimize the burden on the collection of information on 
those who are to respond, including through the use of appropriate 
automated, electronic, mechanical, or other technological collection 
techniques or other forms of information technology.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will also become a matter of 
public record.

    Authority: 44 U.S.C. 3506, 5 CFR 1320.8, and Pub. L. 108-7, 117 
Stat. 22.

    Dated: November 17, 2004.
Donna Reifschneider,
Administrator, Grain Inspection, Packers and Stockyards Administration.
[FR Doc. 04-25803 Filed 11-19-04; 8:45 am]
BILLING CODE 3410-EN-U


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