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###### Department of Agriculture

###### Grain Inspection, Packers and Stockyards Administration

          - [Docket #GIPSA-2010-FGIS-0014-NONRULEMAKING]

# AGENCY:

Grain Inspection, Packers and Stockyards Administration, USDA.

# ACTION:

Notice and request for comments.

# SUMMARY:

This notice announces the Grain Inspection, Packers and Stockyards Administration's (GIPSA) intention to request that the Office of Management and Budget (OMB) approve a 3-year extension of a currently approved information collection for the “Regulations Governing the National Inspection and Weighing System under the United States Grain Standards Act and under the Agricultural Marketing Act of 1946.” This approval is required under the Paperwork Reduction Act of 1995 (PRA).

# DATES:

We will consider comments that we receive by November 30, 2010.

# ADDRESSES:

We invite you to submit comments on this notice. You may submit comments by any of the following methods:
      -  Internet:                          Go to                          http://www.regulations.gov                          and follow the online instructions for submitting comments.                    
      -  E-Mail: comments.gipsa@usda.gov .                    
      -  Mail:                          Tess Butler, GIPSA, USDA, 1400 Independence Avenue, SW., Room 1647-S, Washington, DC 20250-3604.                    
      -  Fax:                          (202) 690-2173.                    

*Instructions:*                         All comments should be identified as “FGIS Information Collection,” and should reference the date and page number of this issue of the                         **Federal Register.**                         Information collection package and other documents relating to this action will be available for public inspection in Room 1643-S, 1400 Independence Avenue, SW., Washington, DC 20250-3604 during regular business hours. All comments will be available for public inspection in the above office during regular business hours (7 CFR 1.27(b)). Please call the Management and Budget Services Staff of GIPSA at (202) 720-7486 to arrange to inspect comments.                    

# SUPPLEMENTARY INFORMATION:

Congress enacted the United States Grain Standards Act (USGSA) (7 U.S.C. 71-87k) and the Agricultural Marketing Act (AMA) (7 U.S.C. 1621-1627) to facilitate the marketing of grain, oilseeds, pulses, rice, and related commodities. These statutes provide for the establishment of standards and terms which accurately and consistently measure the quality of grain and related products, provide for uniform official inspection and weighing, provide regulatory and service responsibilities, and furnish the framework for commodity quality improvement incentives to both domestic and foreign buyers. The GIPSA's Federal Grain Inspection Service (FGIS) establishes policies, guidelines, and regulations to carry out the objectives of the USGSA and the AMA. Regulations appear at 7 CFR parts 800, 801, and 802 for the USGSA and 7 CFR part 868 for the AMA.

The USGSA, with few exceptions, requires official inspection of export grain sold by grade. Official services are provided, upon request, for grain in domestic commerce. The AMA authorizes similar inspection and weighing services, upon request, for rice, pulses, flour, corn meal, and certain other agricultural products. Conversely, the regulations promulgated under the USGSA and the AMA requires specific information collection and recordkeeping necessary to carry out requests for official services. Applicants for official services must specify the kind and level of service, the identification of the product, the location, the amount, and other pertinent information in order that official personnel can efficiently respond to their needs.

Official services under the USGSA are provided through FGIS field offices and delegated and/or designated State and private agencies. Delegated agencies are State agencies delegated authority under the USGSA to provide official inspection service, Class X or Class Y weighing services, or both, at one or more export port locations in the State. Designated agencies are State or local governmental agencies or persons designated under the USGSA to provide official inspection services, Class X or Class Y weighing services, or both, at locations other than export port locations. State and private agencies, as a requirement for delegation and/or designation, must comply with all regulations, procedures, and instructions in accordance with provisions established under the USGSA. FGIS field offices oversee the performance of these agencies and provide technical guidance as needed.

Official services under the AMA are performed, upon request, on a fee basis for domestic and export shipments either by FGIS employees, individual contractors, or cooperators. Contractors are persons who enter into a contract with FGIS to perform specified sampling and inspection services. Cooperators are agencies or departments of the Federal Government which have an interagency agreement, State agencies, or other entities which have a reimbursable agreement with FGIS.

*Title:*                     Regulations Governing the National Inspection and Weighing System Under the USGSA and AMA of 1946.                

*OMB Number:*                     0580-0013.                

*Expiration Date of Approval:*                     April 30, 2011.                

*Type of Request:*                     Extension and revision of a currently approved information collection.                

*Abstract:*                     The USGSA and the AMA authorize USDA to inspect, certify and identify the class, quality, quantity and condition of agricultural products shipped or received in interstate and foreign commerce.                

*Estimate of Burden:*                     Public reporting and record keeping burden for this collection of information is estimated to average .13 hours per response.                

*Respondents:*                     Grain producers, buyers, and sellers, elevator operators, grain merchandisers, and official grain inspection agencies.                

*Estimated Number of Respondents:*                     8,754.                

*Estimated Number of Responses per Respondent:*                     142.12.                

*Estimated Total Annual Burden on Respondents:*                     164,393 hours.                          ( print page 60712)    

As required by the PRA (44 U.S.C. 3506(c)(2)(A)) and its implementing regulations (5 CFR 1320.8(d)(1)(i)), GIPSA specifically requests comments on: (1) 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; (2) 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; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including 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 become a matter of public record.

J. Dudley Butler,

Administrator, Grain Inspection, Packers and Stockyards Administration.

[FR Doc. 2010-24661 Filed 9-30-10; 8:45 am]

BILLING CODE 3410-KD-P