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Federal Register / Vol. 86, No. 167 / Wednesday, September 1, 2021 / Rules and Regulations
notice-and-comment requirements in the APA for this rulemaking.
As a rule relating to a benefit, the APA requirement that regulations be published at least 30 days before the effective date does not apply.
Additionally, this requirement also does not apply when an agency finds good cause not to delay the effective date. See 5 U.S.C. 553d3. The same reasons why there is good cause to dispense with notice and comment are applicable to AMSs decision to make this rule effective one day after publication.

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Paperwork Reduction Act In accordance with the Paperwork Reduction Act PRA of 1995 44 U.S.C.
Chapter 35, AMS has requested approval of new information collection and recordkeeping requirements for the DDP and comments are invited on this new information collection. All comments received on this information collection will be summarized and included in the final request for Office of Management and Budget OMB
approval.
Title: Establishment of a Dairy Donation Program.
OMB Number: 0581NEW.
Expiration Date of Approval: This is a NEW collection.
Type of Request: Approval of New Information Collection.
Abstract: The Consolidated Appropriations Act of 2021 mandated establishment of a Dairy Donation Program to reimburse EDOs for milk used to make eligible dairy products donated to non-profit groups for distribution to recipient individuals and families. Under the program, EDOs account to a Federal milk marketing order FMMO by filling a report reflecting the eligible dairy products manufactured. Entities not already filing FMMO report will be required to submit a Report of Receipts and Utilization. All partnerships must submit a Dairy Donation and Distribution Plan and Eligible Distributor Certification Form describing the process the partnership would use to process, transport, store, and distribute eligible product to an eligible distributor. Once approved, the EDO can file a Reimbursement Claim Form to receive reimbursement for the donated eligible dairy products.
Dairy Donation and Distribution Plan Estimate of Burden: Public reporting burden for this collection of information is estimated to average 1 hour per response.
Respondents: Eligible dairy organizations.
Estimated Number of Respondents:
150.

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Estimated Number of Responses: 300.
Estimated Number of Responses per Respondent: 2.
Estimated Total Annual Burden on Respondents: 300 hours.
Eligible Distributor Certification Form Estimate of Burden: Public reporting burden for this collection of information is estimated to average 15 minutes per response.
Respondents: Eligible distributors.
Estimated Number of Respondents:
300.
Estimated Number of Responses: 300.
Estimated Number of Responses per Respondent: 1.
Estimated Total Annual Burden on Respondents: 75 minutes.
Reimbursement Claim Form Estimate of Burden: Public reporting burden for this collection of information is estimated to average 2 hours per response.
Respondents: Eligible dairy organizations.
Estimated Number of Respondents:
150.
Estimated Number of Responses:
1,200.
Estimated Number of Responses per Respondent: 8.
Estimated Total Annual Burden on Respondents: 2,400 hours.
Report of Receipts and Utilization Estimate of Burden: Public reporting burden for this collection of information is estimated to average 1 hour per response.
Respondents: Eligible dairy organizations.
Estimated Number of Respondents:
15.
Estimated Number of Responses: 90.
Estimated Number of Responses per Respondent: 6.
Estimated Total Annual Burden on Respondents: 90 hours.
Comments: Comments are invited on:
1 Whether the proposed collection of the 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 agencys estimate of the burden of the proposed collection of information; 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 through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
AMS estimates 150 respondents will form a total of 300 partnerships. Each
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participating partnership will be required to submit a Dairy Donation and Reimbursement Plan and Eligible Distributor Certification Form once, there will not be an annual renewal requirement. AMS estimates 1 hour to complete a Dairy Donation and Distribution Plan. Accompanying the Plan, the eligible distributor will be required to submit and sign an Eligible Distributor Certification Form, which AMS anticipates will take 15 minutes.
AMS estimates ten percent of the 150
EDO participants do not already account to a FMMO by filing a report. Therefore, approximately 15 respondents will need to account to a FMMO by filing a Report of Receipts and Utilization Form. All other EDOs will have already accounted to a Federal Order through their normal report filing through its existing association with a Federal milk marketing order. AMS estimates 1 hour to complete the form. Filing of this form will not cause an EDO to become regulated by a Federal milk marketing order.
Reimbursement Claim Forms can be submitted any time after Plan approval and will be processed on a quarterly basis. AMS estimated that to capture efficiencies respondents will submit Reimbursement Claim Forms no more than once per quarter and it will take 2
hours to complete the form per quarter.
Assuming the reporting burden will be completed by an administrative assistant employee, at an hourly salary rate of $21, AMS estimates the following annual reporting costs per participating partnership: For the first year of participation, the annualized cost is $196.10 the Plan, Certification Form, and four Claim Forms; for the subsequent years of participation, the annualized cost is $169.60 four Claim Forms. Entities needing to account to a Federal Order by filing a Report of Receipts and Utilization Form will experience an additional annual burden of $127.20 6 responses per year. EDOs also are required to maintain books and records, for a period of 3 years, to be made available to AMS upon request in conjunction with an audit to verify the donations for which the EDO received reimbursement were in fact made. These records are part of normal business records and do not require additional records to be created. Such records include production records to verify yield computations and product code dates for donated manufactured products, or delivery documentation to verify EDO incurred a transportation expense.

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