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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Rules and Regulations
information collection has been submitted to OMB for approval.
The Lamb Feeder Checkoff Refund form will require the minimum information necessary to effectively carry out the requirements of the program, and its use is necessary to fulfill the intent of the Act. Such information can be supplied without data processing equipment or outside technical expertise. In addition, there are no additional training requirements for individuals filling out reports and requesting a refund from the Board. The form will be simple, easy to understand, and place as small a burden as possible on the person required to file the information.
The timing and frequency of collecting information are intended to meet the needs of the industry while minimizing the amount of work necessary to fill out the required reports.
In addition, the information to be included on this form is not available from other sources because such information relates specifically to individual market agencies who are subject to the provisions of the Act.
Therefore, there is no practical method for collecting the required information without the use of these forms.
Information collection requirements that are included in this proposal include:
Title: LP85Lamb Assessment Refund Form.
OMB Number: 05810325.
Type of Request: New collection.
Abstract: The information collection requirements are essential to carry out this final rule.
The Order authorizes the collection of assessments from lamb producers, feeders, seedstock producers, and first handlers. Under this final rule, market agencies are required to collect and remit assessments for the purchase and sale of lambs, while the collection and remittance process remain unchanged when sales occur independent of market agencies. This final rule requires assessment-related records to be retained for at least 2 years beyond the fiscal year of their applicability. This is consistent with the current recordkeeping requirements of the program. According to the 2017 Census of Agriculture AC17A51, there were 60,675 farms that sold lambs. The census does not breakdown the data to the level of feeder farms. Therefore, AMS has worked with industry to understand the makeup of the industry.
Of those farms, the lamb industry estimated that 500 are considered feeder farms. Additionally, the lamb industry estimates that of those 500 feeder farms, approximately 10 percent, or 50, of
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those feeder farms purchase or sell lambs at market agencies. The estimated time for each respondent to complete the Lamb Feeder Checkoff Refund form is 15 minutes. The estimated total hours for all respondents to complete the form is 150 hours i.e., 50 respondents multiplied by one quarter of an hour to complete the form per respondent multiplied by 12 forms being filled out per year, per respondent. The estimated total cost of requesting a refund from the Board, for all respondents, will be $2,740.50. The total cost has been estimated by multiplying the total hours for respondents to complete the form 150 hours by $18.27, which is what AMS used for the hourly wage of farmworkers, farm, ranch, and aquaculture animals, as obtained from the U.S. Bureau of Labor Statistics, Occupational Employment and Wages, published May 2018. This publication can be found at the following website:
https www.bls.gov/oes/current/oes_
nat.htm.
Based on the average hourly wage rate of $13.87 with an additional 31.7
percent to account for benefits and compensations, for an hourly wage of $18.27 was used to calculate annual cost. Costs of benefits and compensation guidance was provided by Bureau of Labor Statistics News Release issued December 14, 2018.
The design of this form has been carefully reviewed, and every effort has been made to minimize any unnecessary recordkeeping costs or requirements, including efforts to utilize information already submitted under other lamb program administered by USDA. The form will be available through the Board or USDA. The information collection will be used only by authorized Board employees and representatives of USDA, including AMS staff.
2 The request for approval of the new information collection is as follows: Form LP85, Lamb Feeder Checkoff Refund form.
Estimate of Burden: Public reporting burden for this collection of information is estimated to average 15 minutes per lamb purchase/sale by a feeder at a market agency.
Respondents: Feeder farms who sell lambs at market agencies.
Estimated Number of Respondents:
50.
Estimated Number of Responses per Respondent per Year: 12.
Estimated Total Annual Burden on Respondents: 150 hours.
Total Cost: $2,740.50.
List of Subjects in 7 CFR Part 1280
Administrative practice and procedure, Advertising, Agricultural
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research, Meat and meat products, Reporting and recordkeeping requirements.
For the reasons set forth in the preamble, the Agricultural Marketing Service amends 7 CFR part 1280 as follows:
PART 1280LAMB PROMOTION, RESEARCH, AND INFORMATION
ORDER
1. The authority citation for part 1280
continues to read as follows:

Authority: 7 U.S.C. 74117425 and 7
U.S.C. 7401.

2. Section 1280.101 is revised to read as follows:

1280.101

Definitions
Act means the Commodity Promotion, Research, and Information Act of 1996
7 U.S.C. 74117425; Public Law 104
127; 110 Stat. 1029, as amended, or any amendments thereto.
Board means the Lamb Promotion, Research, and Information Board established pursuant to 1280.201.
Certified organization means any organization which has been certified by the Secretary pursuant to this part as being eligible to submit nominations for membership on the Board.
Conflict of interest means a situation in which a member or employee of a Board has a direct or indirect financial interest in a person that performs a service for, or enters into a contract with, a Board for anything of economic value.
Department means the United States Department of Agriculture.
Exporter means any person who exports domestic live lambs from the United States.
Feeder means any person who acquires ownership of lambs and feeds such lambs in the U.S. until they reach slaughter weight.
First handler means the packer or other person who buys or takes possession of lambs from a producer or feeder for slaughter, including custom slaughter. If a producer or feeder markets lamb products directly to consumers, the producer or feeder shall be considered a first handler with respect to such lambs produced by the producer or feeder.
Fiscal period and marketing year mean the 12-month period ending on December 31 or such other consecutive 12-month period as shall be recommended by the Board and approved by the Secretary.
Information means information and programs that are designed to increase efficiency in producing lambs, to
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