Hemp Supporting Statement 4.9.2020

2020 SUPPORTING STATEMENT

for the U.S. Domestic Hemp Production Program

OMB No. 0581-0318

(Regular)

NOTE TO REVIEWER: The emergency approval for this Information Collection package was approved on December 3, 2019 and will expire on June 30, 2020. There has only been a preliminary review of the comments related to the burden and Paperwork Reduction Act from the Interim Final Rule. There is currently a contracting service that is reviewing the 4,685 comments and will provide an in-depth analysis for the Final Rule.

A. JUSTIFICATION.

1. EXPLAIN THE CIRCUMSTANCES THAT MAKE THE COLLECTION OF INFORMATION NECESSARY. IDENTIFY ANY LEGAL OR ADMINISTRATIVE REQUIREMENTS THAT NECESSITATE THE COLLECTION.

The Agricultural Improvement Act of 2018 (2018 Farm Bill) amended the Agricultural Marketing Agreement of 1946 and was signed into law December 20, 2018, as P.L. 115-334. Sec. 10113 of the 2018 Farm Bill amended the Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) by adding Subtitle G—Hemp Production. The law required U.S. Department of Agriculture (USDA) to promulgate regulations and guidelines to develop and oversee a program for the production of hemp in the United States. The 2018 Farm Bill directs that this will include state and tribal plans, and a USDA plan for those States, including territories of Indian tribes, that choose not to submit their own plan. The 2018 Farm Bill amended the Agricultural Marketing Act of 1946 (AMA) by adding Subtitle G (sections 297A through 297D of the AMA). Section 297B of the AMA requires the Secretary of Agriculture (Secretary) to evaluate and approve or disapprove State or Tribal plans regulating the production of hemp. Section 297C of the AMA requires the Secretary to establish a Federal plan for producers in States and territories of Indian Tribes not covered by plans approved under section 297B. Lastly, section 297D of the AMA requires the Secretary to promulgate regulations and guidelines relating to the production of hemp, including sections 297B and 297C, in consultation with the U.S. Attorney General.

States or Tribes wanting primary regulatory authority over the production of hemp within their borders may submit plans to USDA for approval. These plans outline how the State or Tribe will monitor and regulate production. As instructed in the Farm Bill, this regulation provides procedures and guidance for state and tribal governments submitting plans to USDA for approval. USDA will approve plans which comply with the Domestic Hemp Production Program regulations.

The Interim Final Rule (IFR) was published on October 31, 2019. A System of Record Notice (SORN) was published on the Federal Register on January 16, 2020. The U.S. Domestic Hemp Program is establishing a system of records under the Privacy Act (5 U.S.C. 552a) which is required by law.

2. INDICATE HOW, BY WHOM, AND FOR WHAT PURPOSE THE INFORMATION IS TO BE USED. EXCEPT FOR A NEW COLLECTION, INDICATE THE ACTUAL USE THE AGENCY HAS MADE OF THE INFORMATION RECEIVED FROM THE CURRENT COLLECTION.

All forms associated with this collection have the following Privacy Act Statement which was developed from the System of Records Notice (SORN):

The following statements are made in accordance with the Privacy Act of 1974 (5 U.S.C. § 552a) and the Paperwork Reduction Act of 1995. The authority for requesting this information to be supplied on this form is the 7 CFR Part 990 Domestic Hemp Program (Program). The purpose of collecting this information is for USDA to administer the Program and the information provided on this form will be used to monitor Program participants. Failure to provide the information requested on this form may result in ineligibility to participate in the Program.

As set forth in the IFR, records would have to be maintained for at least three years for audit purposes. A description of each form is listed below. The reporting and record keeping burden is provided on the AMS 71.

A. State and Tribal Hemp Producer Report (AMS-23)

This form will require States and Tribes to provide USDA with contact information for each producer or business entity under their plan, a legal description of the land on which hemp is grown by each licensee, and the status of each license. This form will also track any changes to a licensee’s contact information or status in the program. This form is required to be submitted to USDA on the first business day of each month. This form has a burden of 20 minutes and a record keeping burden of 5 minutes. The information on this form is compiled from individual respondents submitting their information to the State or Tribe. The time burden for each of the 8,000 respondents over a three-year period is 10 minutes and a record keeping burden of 5 minutes.

B. State and Tribal Hemp Disposal Report (AMS-24)

This form will require States and Tribes to provide USDA with disposal information of cannabis that tested above the acceptable THC threshold legal limit under program regulations. This form will include the producer’s license or authorization number, lot location information, including the geospatial location or other available land descriptor for the production area subject to disposal, method used for disposal, the date when the disposal was completed, and the disposal agent name and organization. The States and Tribes are also required to attach the disposition certificate for each disposal that took place during the reporting period. This certificate will have additional information about the disposition. This form is required to be submitted to USDA on the first business day of each month. This form has a burden of 20 minutes and a record keeping burden of 5 minutes. The information on this form is compiled from individual respondents submitting their information to the State or Tribe. The time burden for each respondent is 10 minutes and a record keeping burden of 5 minutes.

C. State and Tribal Hemp Annual Report (AMS-25)

This form will be filled out by States or Tribes that operate under a USDA-approved hemp production plan. The States or Tribes will fill out this form once a year and include the total acreage planted, harvested and disposed under their jurisdiction. This form is required to be submitted to USDA on December 15^th of each year. USDA will use this information to compile an annual report to Congress. This form has a burden of 20 minutes and a record keeping burden of 5 minutes. The information on this form is compiled from individual respondents submitting their information to the State or Tribe. The time burden for each respondent is 10 minutes and a record keeping burden of 5 minutes.

D. USDA Hemp Plan Producer License Application (AMS-26)

This form will be filled out by producers that wish to grow hemp under the USDA plan because they do not live in an area that has an approved state or tribal hemp production plan. The information collected on this form will be used by USDA to approve applications and track participation in the program. The producer will fill out their name, address, telephone number, and email address (if applicable). If the producer is a business entity, they must include the full name of the business, address of the principal business location, full name and title of the key participants, an email address if available, and EIN number of the business entity. Each producer entity will need to submit an application form. A Federal Bureau of Investigation’s Identity History Summary must be submitted along with the application. This form has a burden of 10 minutes and a record keeping burden of 5 minutes.

E. USDA Hemp Plan Producer Disposal Form (AMS-27)

This form will include disposal information of cannabis that tested above the 0.3 percent THC threshold legal limit under the USDA Domestic Hemp Producer Program. The form will include the producer’s name and address, license number, location information, including the geospatial location or other available land descriptor for the production area subject to disposal, information on the agent handling the disposal, and the date when the disposal was completed. The form will also include signature lines for the producer and the disposal agent to certify the disposal was completed as required. This form needs to be submitted to USDA no later than 30 days after the disposal date listed on the form. This form has a burden of 20 minutes and a record keeping burden of 5 minutes.

F. USDA Hemp Plan Producer Annual Report (AMS-28)

This form will be filled out by each licensed producer under the USDA program. Each licensee must fill out annual production data including acreages planted, harvested and disposed of under their license. This form is required to be submitted to USDA on December 15^th of each year. USDA will use this information to compile an annual report to Congress. This form has a burden of 20 minutes and a record keeping burden of 5 minutes.

G. Report of Acreage (FSA-578)

This form will be filled out by each producer under a State, Tribe or USDA plan. Producers shall report name, address, license or authorizing number, geospatial location for each lot or greenhouse where hemp will be produced and hemp crop acreage to FSA. USDA will use this information to compile an annual report to Congress. This form has a burden of 30 minutes and a record keeping burden of 5 minutes.

H. Laboratory Test Results Report (AMS-22)

This form will be used by laboratory personnel to monitor all THC test results for all hemp under a state, tribal or the USDA plan. Each test result must be entered on this form. This form will include the producer’s contact information, a hemp production license number, an identification number, the test results for each lot tested, and an attestation on whether the results were passing, failing or retesting. This form has a burden of 30 minutes and a record keeping burden of 5 minutes.

3. DESCRIBE WHETHER, AND TO WHAT EXTENT, THE COLLECTION OF INFORMATION INVOLVES THE USE OF AUTOMATED, ELECTRONIC, MECHANICAL, OR OTHER TECHNOLOGICAL COLLECTION TECHNIQUES OR OTHER FORMS OF INFORMATION TECHNOLOGY, E.G. PERMITTING ELECTRONIC SUBMISSION OF RESPONSES, AND THE BASIS FOR THE DECISION FOR ADOPTING THIS MEANS OF COLLECTION. ALSO DESCRIBE ANY CONSIDERATION OF USING INFORMATION TECHNOLOGY TO REDUCE BURDEN.

These forms will be used to submit information directly to USDA. These forms will be available in hard copy or on the USDA website: https://www.ams.usda.gov/rules-regulations/farmbill-hemp. USDA is currently working to design and build an electronic system. This system will enable respondents to submit a USDA hemp license application online for USDA’s consideration. USDA will then expand the system so that States, Tribes and producers under the USDA plan can submit their reports to USDA in the future. USDA is building this system to decrease potential human error when processing hard copy submissions and to increase overall efficiency in compiling data. Currently, the USDA Hemp Program is receiving these forms via email and postage mail.

4. DESCRIBE EFFORTS TO IDENTIFY DUPLICATION. SHOW SPECIFICALLY WHY ANY SIMILAR INFORMATION ALREADY AVAILABLE CANNOT BE USED OR MODIFIED FOR USE FOR THE PURPOSE(S) DESCRIBED IN ITEM 2 ABOVE.

This is a new program required by the 2018 Farm Bill. Since this is a new program, no other agencies currently collect this information. Information collection processes are periodically reviewed to avoid unnecessary duplication by industry and public sector agencies. At the present time, there is no duplication between Federal agencies. Personnel from USDA’s Agricultural Marketing Service (AMS) and Farm Service Agency (FSA) have coordinated efforts on developing this program to ensure information collected by both programs from producers seeking licenses and reporting to FSA services is not duplicated.

5. IF THE COLLECTION OF INFORMATION IMPACTS SMALL BUSINESSES OR OTHER SMALL ENTITIES (ITEM 5 OF THE OMB FORM 83-I), DESCRIBE THE METHODS USED TO MINIMIZE BURDEN.

Information collection requirements have been reduced to the minimum to oversee this program. Requesting this information from producers, States, and Tribes does not pose a significant disadvantage to any of the respondents; therefore, it does not significantly or negatively impact small businesses. It is estimated that about 99% of the producers will represent small businesses.

6. DESCRIBE THE CONSEQUENCE TO FEDERAL PROGRAM OR POLICY ACTIVITIES IF THE COLLECTION IS NOT CONDUCTED OR IS CONDUCTED LESS FREQUENTLY, AS WELL AS ANY TECHNICAL OR LEGAL OBSTACLES TO REDUCING BURDEN.

The information is collected on an as-needed basis and is described in the 2018 Farm Bill. If the information collection herein was not collected, the Secretary could not adequately administrate the Domestic Hemp Production Program.

7. EXPLAIN ANY SPECIAL CIRCUMSTANCES THAT WOULD CAUSE AN INFORMATION COLLECTION TO BE CONDUCTED IN A MANNER:

- REQUIRING RESPONDENTS TO REPORT INFORMATION TO THE AGENCY MORE OFTEN THAN QUARTERLY;

The State and Tribal Hemp Producer Report (AMS 23) and the State and Tribal Hemp Disposition Report (AMS 24) must be submitted to the USDA every month.

- REQUIRING RESPONDENTS TO PREPARE A WRITTEN RESPONSE TO A COLLECTION OF INFORMATION IN FEWER THAN 30 DAYS AFTER RECEIPT OF IT;

The State and Tribal Hemp Producer Report (AMS 23) and the State and Tribal Hemp Disposition Report (AMS 24) must be submitted to the USDA every month. The USDA Hemp Plan Producer Disposal Form (AMS-27) will need to be submitted to USDA no later than 30 days after the disposal date listed on the form.

- REQUIRING RESPONDENTS TO SUBMIT MORE THAN AN ORIGINAL AND TWO COPIES OF ANY DOCUMENT;

- REQUIRING RESPONDENTS TO RETAIN RECORDS, OTHER THAN HEALTH, MEDICAL, GOVERNMENT CONTRACT, GRANT-IN-AID, OR TAX RECORDS FOR MORE THAN 3 YEARS;

The regulation states that the respondents should retain records for three years.

- IN CONNECTION WITH A STATISTICAL SURVEY, THAT IS NOT DESIGNED TO PRODUCE VALID AND RELIABLE RESULTS THAT CAN BE GENERALIZED TO THE UNIVERSE OF STUDY;

- REQUIRING THE USE OF A STATISTICAL DATA CLASSIFICATION THAT HAS NOT BEEN REVIEWED AND APPROVED BY OMB;

• THAT INCLUDES A PLEDGE OF CONFIDENTIALITY THAT IS NOT SUPPORTED BY AUTHORITY ESTABLISHED IN STATUE OR REGULATION, THAT IS NOT SUPPORTED BY DISCLOSURE AND DATA SECURITY POLICIES THAT ARE CONSISTENT WITH THE PLEDGE, OR WHICH UNNECESSARILY IMPEDES SHARING OF DATA WITH OTHER AGENCIES FOR COMPATIBLE CONFIDENTIAL USE; OR

• REQUIRING RESPONDENTS TO SUBMIT PROPRIETARY TRADE SECRET, OR OTHER CONFIDENTIAL INFORMATION UNLESS THE AGENCY CAN DEMONSTRATE THAT IT HAS INSTITUTED PROCEDURES TO PROTECT THE INFORMATION'S CONFIDENTIALITY TO THE EXTENT PERMITTED BY LAW.

There are no special circumstances. The collection of information is conducted in a manner consistent with the guidelines in 5 CFR 1320.6.

8. IF APPLICABLE, PROVIDE A COPY AND IDENTIFY THE DATE AND PAGE NUMBER OF PUBLICATION IN THE FEDERAL REGISTER OF THE AGENCY'S NOTICE, REQUIRED BY 5 CFR 1320.8(d), SOLICITING COMMENTS ON THE INFORMATION COLLECTION PRIOR TO SUBMISSION TO OMB. SUMMARIZE PUBLIC COMMENTS RECEIVED IN RESPONSE TO THAT NOTICE AND DESCRIBE ACTIONS TAKEN BY THE AGENCY IN RESPONSE TO THESE COMMENTS. SPECIFICALLY ADDRESS COMMENTS RECEIVED ON COST AND HOUR BURDEN.

On October 31, 2019, AMS published an Interim Final Rule (IFR) describing the reporting and information gathering requirements for the Domestic Hemp Production Program (Volume 84, No. 58522, Page 58562). The 60-day notice for this information collection is embedded in the IFR. The public had 60 days to submit comments regarding the Information Collection burden.

Approximately 40 of 4,685 total public comments discussed costs associated with paperwork or administrative labor burden. None of these comments included supportive information such a value or labor hours, nor did comments discuss any of the specific forms. These 40 comments represented various stakeholders in the industry. One comment suggested the need for a federally administered software portal to ease State and Tribal data sharing burden. USDA understands the need to have a central portal to upload reporting forms and is working to develop this type of system. All other comments focused on other provisions of IFR, including the topics of sampling criteria, 15-day sampling window, the use of DEA-registered laboratories, THC threshold, and disposal.

All 4,685 comments can be found on Regulations.gov: https://www.regulations.gov/docketBrowser?rpp=25&po=0&dct=PS&D=AMS-SC-19-0042&refD=AMS-SC-19-0042-0001.

DESCRIBE EFFORTS TO CONSULT WITH PERSONS OUTSIDE THE AGENCY TO OBTAIN THEIR VIEWS ON THE AVAILABILITY OF DATA, FREQUENCY OF COLLECTION, THE CLARITY OF INSTRUCTIONS AND RECORDKEEPING, DISCLOSURE, OR REPORTING FORMAT (IF ANY), AND ON THE DATA ELEMENTS TO BE RECORDED, DISCLOSED, OR REPORTED.

While drafting the IFR, the USDA consulted with persons outside the agency to obtain their view on data collection needs. The USDA believes these forms collect all the information needed to properly carry out the hemp program while having a minimal burden on the public. During the IFR public comment period, there were no comments on the frequency of collection, the clarity of instruction and recordkeeping, the format or the data elements being reported. There were 271 comments on the FSA reporting requirement of the IFR. These FSA related comments were on staffing and location of FSA offices around the country, not the cost and hour burden of the FSA form.

CONSULTATION WITH REPRESENTATIVES OF THOSE FROM WHOM INFORMATION IS TO BE OBTAINED OR THOSE WHO MUST COMPILE RECORDS SHOULD OCCUR AT LEAST ONCE EVERY 3 YEARS -- EVEN IF THE COLLECTION OF INFORMATION ACTIVITY IS THE SAME AS IN PRIOR PERIODS. THERE MAY BE CIRCUMSTANCES THAT MAY PRECLUDE CONSULTATION IN A SPECIFIC SITUATION. THESE CIRCUMSTANCES SHOULD BE EXPLAINED.

The use of these forms is required by the IFR and the 2018 Farm Bill. AMS marketing specialists assist in monitoring and maintaining the information on the forms.

During the short emergency approval period, there has not been enough time to accurately monitor the time burden for each of these forms. The respondents have not had a chance to use each of the reporting forms in this Information Collection. In addition, none of the public comments received discussed the time or burden of these forms. Therefore, at this time we do not have enough information to change the current burden hours associated with this Information Collection.

9. EXPLAIN ANY DECISION TO PROVIDE ANY PAYMENT OR GIFT TO RESPONDENTS, OTHER THAN REMUNERATION OF CONTRACTORS OR GRANTEES.

No payments or gifts are provided to respondents.

10. DESCRIBE ANY ASSURANCE OF CONFIDENTIALITY PROVIDED TO RESPONDENTS AND THE BASIS FOR THE ASSURANCE IN STATUTE, REGULATION, OR AGENCY POLICY.

The information collected on these forms includes producers’ names, addresses, business identification numbers, and other contact information.

Section 608(d) of the Agricultural Marketing Agreement Act states that information acquired will be kept confidential, and that penalties exist for violating confidentiality requirements. Therefore, USDA requires AMS field office staff and employees in Washington, D.C. to maintain confidentiality. Confidential information is withheld from public review under the Freedom of Information Act and the Privacy Act, 5 USC 552.

The SORN was published in the Federal Register on January 16, 2020. The U.S. Domestic Hemp Program is establishing a system of records under the Privacy Act (5 U.S.C. 552a) which is required by law. The U.S. Domestic Hemp Production Program is developing the system to collect and protect confidential information and data collected on these forms includes producers’ names, addresses, business identification numbers, and other contact information.

11. PROVIDE ADDITIONAL JUSTIFICATION FOR ANY QUESTIONS OF A SENSITIVE NATURE, SUCH AS SEXUAL BEHAVIOR AND ATTITUDES, RELIGIOUS BELIEFS, AND OTHER MATTERS THAT ARE COMMONLY CONSIDERED PRIVATE. THIS JUSTIFICATION SHOULD INCLUDE THE REASONS WHY THE AGENCY CONSIDERS THE QUESTIONS NECESSARY, THE SPECIFIC USES TO BE MADE OF THE INFORMATION, THE EXPLANATION TO BE GIVEN TO PERSONS FROM WHOM THE INFORMATION IS REQUESTED, AND ANY STEPS TO BE TAKEN TO OBTAIN THEIR CONSENT.

No questions of such a sensitive nature are included in this information collection.

12. PROVIDE ESTIMATES OF THE HOUR BURDEN OF THE COLLECTION OF INFORMATION. THE STATEMENT SHOULD: INDICATE THE NUMBER OF RESPONDENTS, FREQUENCY OF RESPONSE, ANNUAL HOUR BURDEN, AND AN EXPLANATION OF HOW THE BURDEN WAS ESTIMATED. UNLESS DIRECTED TO DO SO, AGENCIES SHOULD NOT CONDUCT SPECIAL SURVEYS TO OBTAIN INFORMATION ON WHICH TO BASE HOUR BURDEN ESTIMATES. CONSULTATION WITH A SAMPLE (FEWER THAN 10) OF POTENTIAL RESPONDENTS IS DESIRABLE. IF THE HOUR BURDEN ON RESPONDENTS IS EXPECTED TO VARY WIDELY BECAUSE OF DIFFERENCE IN ACTIVITY, SIZE, OR COMPLEXITY, SHOW THE RANGE OF ESTIMATED HOUR BURDEN, AND EXPLAIN THE REASONS FOR THE VARIANCE. GENERALLY, ESTIMATES SHOULD NOT INCLUDE BURDEN HOURS FOR CUSTOMARY AND USUAL BUSINESS PRACTICES. IF THIS REQUEST FOR APPROVAL COVERS MORE THAN ONE FORM, PROVIDE SEPARATE HOUR BURDEN ESTIMATES FOR EACH FORM AND AGGREGATE THE HOUR BURDENS IN ITEM 13 OF OMB FORM 83-I.

The number of respondents required to file these forms was estimated based on current economic and production data available at this time. Since this Program is being developed for the first time, it is difficult to estimate the potential burden numbers. At the end of 2018, 41 U.S. States had legislation in place to grow hemp under the 2014 Farm Bill. Therefore, 41 States could potentially submit plans under the Program. In addition to the States, there are over 500 registered Indian tribes that could also each submit a plan under the Program. The National Association of State Department of Agriculture (NASDA) estimates that there will be 50-900 producers in each State or Tribe that submit plans. According to Vote Hemp, a nonprofit advocacy group, there were a total of 3,543 grower licenses issued by States in 2018, up from 1,456 in 2017, and 817 licenses in 2016. Using these numbers, we estimated that there will be approximately 9,000 hemp producers under a state, tribal or USDA plan. We estimate that 100 States or Tribes will operate a domestic hemp production program. This totals 9,100 respondents.

For the record keeping hours, USDA licensed producers, along with States and Tribes who administer their own hemp production plans and their respective producers, will be required to maintain copies of all records and reports necessary to demonstrate compliance with the program. These records include, but are not limited to, the producer’s completed criminal history report, any records of required disposal, notifications of THC test results, and the producer’s license. Records and reports must be kept for a minimum of three years. We estimate that there will be an annual record keeping burden of five minutes for each form per year.

The AMS-71 Grid (Excel spreadsheet) outlining details of respondents, responses and burden hours is under the Supplementary documents in ROCIS.

PROVIDE ESTIMATES OF ANNUALIZED COST TO RESPONDENTS FOR THE HOUR BURDENS FOR COLLECTIONS OF INFORMATION, IDENTIFYING AND USING APPROPRIATE WAGE RATE CATEGORIES.

This new information collection assumes 9,100 total respondents, 17,363 burden hours, and annual costs of $577,393.54. This is calculated by multiplying the mean hourly wage of $57 by 17,363 hours. The 17,363 hours includes 14,917 reporting hours and 2,467 record keeping hours. The mean hourly wage of a First-Line Supervisors of Farming, Fishing, and Forestry Workers, as reported in the May 2019 Occupational Employment Statistics Survey of the Bureau of Labor and Statistics, was $25.25 per hour. Assuming 31.7 percent of total compensation accounts for benefits, assumed total compensation of a First-Line Supervisors of Farming, Fishing, and Forestry Workers is $33.25 per hour. Published by the Bureau of Labor Statistics: https://www.bls.gov/oes/current/oes451011.htm. The Bureau of Labor Statistics cost and benefits guidance dated December 14, 2019 Press Release.

13. PROVIDE AN ESTIMATE OF THE TOTAL ANNUAL COST BURDEN TO RESPONDENTS OR RECORDKEEPERS RESULTING FROM THE COLLECTION OF INFORMATION. (DO NOT INCLUDE THE COST OF ANY HOUR BURDEN SHOWN IN ITEMS 12 AND 14).

- THE COST ESTIMATE SHOULD BE SPLIT INTO TWO COMPONENTS: (a) A TOTAL CAPITAL AND START-UP COST COMPONENT (ANNUALIZED OVER ITS EXPECTED USEFUL LIFE); AND (b) A TOTAL OPERATION AND MAINTENANCE AND PURCHASE OF SERVICES COMPONENT. THE ESTIMATES SHOULD TAKE INTO ACCOUNT COSTS ASSOCIATED WITH GENERATING, MAINTAINING, AND DISCLOSING OR PROVIDING THE INFORMATION. INCLUDE DESCRIPTIONS OF METHODS USED TO ESTIMATE MAJOR COST FACTORS INCLUDING SYSTEM AND TECHNOLOGY ACQUISITION, EXPECTED USEFUL LIFE OF CAPITAL EQUIPMENT, THE DISCOUNT RATE(S), AND THE TIME PERIOD OVER WHICH COSTS WILL BE INCURRED. CAPITAL AND START-UP COSTS INCLUDE, AMONG OTHER ITEMS, PREPARATIONS FOR COLLECTING INFORMATION SUCH AS PURCHASING COMPUTERS AND SOFTWARE; MONITORING, SAMPLING, DRILLING AND TESTING EQUIPMENT; AND RECORD STORAGE FACILITIES.

- IF COST ESTIMATES ARE EXPECTED TO VARY WIDELY, AGENCIES SHOULD PRESENT RANGES OF COST BURDENS AND EXPLAIN THE REASONS FOR THE VARIANCE. THE COST OF PURCHASING OR CONTRACTING OUT INFORMATION COLLECTION SERVICES SHOULD BE A PART OF THIS COST BURDEN ESTIMATE. IN DEVELOPING COST BURDEN ESTIMATES, AGENCIES MAY CONSULT WITH A SAMPLE OF RESPONDENTS (FEWER THAN 10), UTILIZE THE 60-DAY PRE-OMB SUBMISSION PUBLIC COMMENT PROCESS AND USE EXISTING ECONOMIC OR REGULATORY IMPACT ANALYSIS ASSOCIATED WITH THE RULEMAKING CONTAINING THE INFORMATION COLLECTION, AS APPROPRIATE.

- GENERALLY, ESTIMATES SHOULD NOT INCLUDE PURCHASES OF EQUIPMENT OR SERVICES, OR PORTIONS THEREOF, MADE: (1) PRIOR TO OCTOBER 1, 1995, (2) TO ACHIEVE REGULATORY COMPLIANCE WITH REQUIREMENTS NOT ASSOCIATED WITH THE INFORMATION COLLECTION, (3) FOR REASONS OTHER THAN TO PROVIDE INFORMATION OR KEEPING RECORDS FOR THE GOVERNMENT, OR (4) AS PART OF CUSTOMARY AND USUAL BUSINESS OR PRIVATE PRACTICES.

There are no capital, startup, operation, or maintenance costs associated with this program.

14. PROVIDE ESTIMATES OF ANNUALIZED COST TO THE FEDERAL GOVERNMENT. ALSO, PROVIDE A DESCRIPTION OF THE METHOD USED TO ESTIMATE COST, WHICH SHOULD INCLUDE QUANTIFICATION OF HOURS, OPERATION EXPENSES (SUCH AS EQUIPMENT, OVERHEAD, PRINTING, AND SUPPORT STAFF), AND ANY OTHER EXPENSE THAT WOULD NOT HAVE BEEN INCURRED WITHOUT THIS COLLECTION OF INFORMATION. AGENCIES ALSO MAY AGGREGATE COST ESTIMATES FROM ITEMS 12, 13, AND 14 IN A SINGLE TABLE.

The estimated annual cost to the Federal government for this information collection and processing is about $16,077. The cost was developed by estimating the number of hours that agency employees will spend in the preparation of this information collection package (120 hours) at approximately $45.88 per hour for a total of $5,505. This is based on the average median hourly wage rate of $33.34 with an additional 37.6% to account for benefits and compensation, for an hourly wage total of $45.88. Costs of benefits and compensation guidance provided by Bureau of Labor Statistics press release, dated December 14, 2019.

The Federal government’s annual cost for providing oversight and assistance for this marketing order program is estimated at $16,077. A breakdown of the costs is as follows:

Salaries/Benefits/Awards $5,505

Federal Register Notices $3,322

OGC (Legal Services) $2,250

Supplies/Equipment $3,000

Comment analysis from IFR $2,000

TOTAL $16,077

15. EXPLAIN THE REASON FOR ANY PROGRAM CHANGES OR ADJUSTMENTS REPORTED IN ITEMS 13 OR 14 OF THE OMB FORM 83-I.

This is a new information collection. The emergency approval for this forms package was approved on December 3, 2019 and will expire on June 30, 2020. There have been no changes since the emergency approval was granted.

15. FOR COLLECTIONS OF INFORMATION WHOSE RESULTS WILL BE PUBLISHED, OUTLINE PLANS FOR TABULATION, AND PUBLICATION. ADDRESS ANY COMPLEX ANALYTICAL TECHNIQUES THAT WILL BE USED. PROVIDE THE TIME SCHEDULE FOR THE ENTIRE PROJECT, INCLUDING BEGINNING AND ENDING DATES OF THE COLLECTION OF INFORMATION, COMPLETION OF REPORT, PUBLICATION DATES, AND OTHER ACTIONS.

The Farm Bill requires AMS to prepare and submit an annual report to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate containing updates on the implementation of the domestic hemp production program. However, there are currently no plans to publish any information or data collected outside of this requirement.

15. IF SEEKING APPROVAL TO NOT DISPLAY THE EXPIRATION DATE FOR OMB APPROVAL OF THE INFORMATION COLLECTION, EXPLAIN THE REASONS THAT DISPLAY WOULD BE INAPPROPRIATE.

AMS will display an expiration date when OMB approves the collection, adding the appropriate expiration date that appears on the Notice of Action completing the approval and renewal. 

18. EXPLAIN EACH EXCEPTION TO THE CERTIFICATION STATEMENT IDENTIFIED IN ITEM 19, "CERTIFICATION FOR PAPERWORK REDUCTION ACT SUBMISSIONS," OF OMB FORM 83-I.

The agency is able to certify compliance with all provisions under Item 19 of OMB Form 83-I.

B. COLLECTIONS OF INFORMATION EMPLOYING STATISTICAL METHODS

This information collection does not employ statistical methods.

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