[Federal Register Volume 76, Number 138 (Tuesday, July 19, 2011)]
[Proposed Rules]
[Pages 42590-42593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17923]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 76, No. 138 / Tuesday, July 19, 2011 / 
Proposed Rules  

[[Page 42590]]



DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 400, 402, 407, and 457

Farm Service Agency

7 CFR Part 718


Retrospective Review Under E.O. 13563; Improving Common Acreage 
Reporting Processes

AGENCY: Farm Service Agency and Risk Management Agency, USDA.

ACTION: Request for information.

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SUMMARY: This document requests input to help us improve services and 
reduce duplication of effort, including collecting information from the 
public. Specifically, the Farm and Foreign Agricultural Services (FFAS) 
agencies including the Farm Service Agency (FSA) and the Risk 
Management Agency (RMA) have been working on a joint, coordinated 
initiative to have a common U.S. Department of Agriculture (USDA) 
framework for producer's to report information to participate in 
certain USDA programs. FSA and RMA have been working in coordination 
with the National Agricultural Statistics Service (NASS) and the 
Natural Resources Conservation Service (NRCS) on the common reporting 
process. The USDA retrospective review request for information (RFI) 
published in the Federal Register on April 20, 2011, included the 
initiative to simplify and reduce the reporting burden on the public 
for submitting participation information for USDA programs, while 
simultaneously reducing our administrative and operating costs by 
sharing similar data across participating agencies. We believe the 
public, especially farmers, producers, ranchers, and the crop insurance 
industry who submit and use the information may have suggestions that 
may effectively reduce the burden of providing the information that 
USDA agencies require. Any resulting improvements to the processes will 
be within existing legislative authorities.

DATES: We will consider comments that we receive on the Paperwork 
Reduction Act by September 19, 2011.

FOR FURTHER INFORMATION CONTACT: For FSA, contact: Tony Jackson, 
telephone (202) 720-3865. For RMA, contact: Pat Engel, telephone (202) 
720-8812. Persons with disabilities or who require alternative means 
for communication (Braille, large print, audio tape, etc.) should 
contact the USDA Target Center at (202) 720-2600 (voice and TDD).

SUPPLEMENTARY INFORMATION: On April 20, 2011, USDA published an RFI in 
the Federal Register (76 FR 22058-22059) to announce that USDA is 
reviewing its existing regulations to evaluate the effectiveness in 
addressing the circumstances for which they were implemented. In 
implementing new programs or changes to programs, regulations are one 
part of the process, and establishing information collection 
requirements is another part. As part of the retrospective review, USDA 
invited public comment to assist in analyzing its existing significant 
regulations to determine whether they should be modified, streamlined, 
expanded, or repealed. For FFAS agencies, the focus of USDA's initial 
review is to identify areas where it can simplify and reduce the 
reporting burden on the public for eligibility for and participation in 
USDA programs, while simultaneously reducing its administrative and 
operating costs by sharing similar data across participating agencies.
    This document provides more information about the on-going FFAS 
initiative, gives a frame of reference for additional public input, and 
allows us to clarify some misunderstandings about the initiative.

Who are FFAS, FSA, and RMA?

    FFAS agencies help keep America's farmers and ranchers in business 
as they face the uncertainties of weather and markets. Our agencies 
deliver insurance, commodity, credit, conservation, disaster, and 
emergency assistance programs that help improve the stability and 
strength of the agricultural economy.
    Within the current legislative authority, policies, and procedures, 
FSA is the agency that administers programs that help producers recover 
from disaster damage and livestock deaths, and other programs that are 
outside the scope of this notice. Among the key programs available to 
address impacts from disasters are the Livestock Indemnity Program 
(LIP), the Emergency Assistance for Livestock, Honeybees and Farm-
Raised Fish Program (ELAP), the Noninsured Disaster Assistance Program 
(NAP), and the Supplemental Revenue Assistance Payments (SURE) Program. 
For more information about FSA programs, go to the FSA Web site: http://www.fsa.usda.gov.
    Within the current legislative authority, policies, and procedures, 
RMA helps producers manage their business risks through effective, 
market-based risk management solutions. RMA promotes, supports, and 
regulates sound risk management solutions to preserve and strengthen 
the economic stability of America's agricultural producers. RMA 
operates and manages the Federal Crop Insurance Corporation (FCIC). RMA 
administers FCIC programs, which provide crop insurance to American 
producers through private insurance companies and approved insurance 
providers (AIPs) that sell and service the policies. RMA develops or 
approves the premium rates, administers premium and expense subsidies, 
approves and supports insurance products, and reinsures the AIPs. In 
addition, RMA sponsors educational and outreach programs and seminars 
on the general topic of risk management. For more information about RMA 
programs, go to the RMA Web site: http://www.rma.usda.gov.

What input has USDA already received about improving acreage reporting?

    During listening sessions with producers, USDA employees, and 
representatives of the precision agricultural industry, USDA received 
comments suggesting it should sponsor an initiative to simplify and 
standardize acreage reporting processes, program dates, and data 
definitions across the various USDA programs. Last July, a team lead by 
Chief Information Officer Chris Smith and Acting Under Secretary 
Michael Scuse, with representatives from RMA, FSA, NRCS, and NASS, 
started a series of meetings to develop recommendations for common USDA 
reporting standards, such as entity types, acreage reporting dates,

[[Page 42591]]

commodities, acreage location, and production.
    FSA and the Office of the Chief Information Officer (OCIO) 
listening sessions with producers and employees in 2010 identified 
several common issues. These were:
    (1) Producers want to provide their information just once, such as 
acreage reporting data, and expect USDA agencies to share the data 
internally;
    (2) Producers currently provide the same information multiple 
times; and
    (3) Acreage reporting is inefficient and does not use Geographic 
Information System (GIS) technology.
    The complete report on the FSA and OCIO listening sessions, titled 
``Understanding the Challenges of Service Delivery to USDA Producers 
and Customers,'' is available at:  http://www.fsa.usda.gov/Internet/FSA_File/1184_usda_list_sessions.pdf.
    In response to the USDA RFI, some commenters suggested ways service 
could be improved. A majority of the comments were from or on behalf of 
members of the crop insurance industry or the National Association of 
State and County Office Employees. Some commenters provided suggestions 
that the producers should report their information to the crop 
insurance agent and the agent would submit the information to USDA. 
Some commenters stated issues consistent with those discussed above. 
Due to the somewhat overlapping timing of the USDA RFI and RMA 
Informational Memorandum IS-11-003, which announced a proposal to 
solicit an outside party to research the reasonable costs of delivery 
of the crop insurance program by AIPs, some commenters have submitted 
comments through the RFI contact in response to the RMA memorandum. 
Also, some commenters specifically focused on an unrelated proposal to 
change the legislative authority posed by a separate group outside of 
USDA. The Acreage and Crop Reporting Streamlining Initiative (ACRSI) is 
working within the current legislative authority. Changes to 
legislation are made by Congress, not USDA.

Clarification of the Initiative

    We expect ACRSI to result in common USDA producer commodity 
reporting standards to meet the needs of the USDA agencies that require 
the information to administer their programs, eliminate duplication of 
information collection, and simplify producer reporting. We expect 
ACRSI to expand on the success of the Comprehensive Information 
Management System (CIMS), which compiles common producer, program, and 
land information collected by FSA, RMA, and AIPs and will allow access 
to CIMS by all USDA agencies in need of the information. We are 
committed to the goals of increasing efficiency and effectiveness in 
administering programs through the use of technology and better 
coordinated efforts between USDA agencies.
    The goal of ACRSI is to establish common data elements and 
automated processes for producers to report common information for USDA 
programs, simplify and reduce the reporting burden on producers, and 
reduce USDA administrative and operating costs by sharing similar data 
across participating agencies.
    ACRSI will provide producers an option to use either a Web site or 
submit an electronic file to report common information if they choose, 
or continue to report through their FSA county office or crop insurance 
agent. FSA, RMA, AIPs, and crop insurance agents will continue to have 
the same responsibilities for administering their programs under the 
current legislative authority. FSA, RMA, NRCS, and NASS will all be 
able to use the reported information for their respective agency 
programs. For example, FSA would use the information for program 
participation and RMA would use the information for crop insurance 
purposes if the producer purchased crop insurance.
    ACRSI officially started in July 2010. USDA agencies participating 
in ACRSI include FSA, NRCS, NASS, and RMA. By streamlining and 
automating reporting, ACRSI would reduce the burden on the producer to 
participate in USDA programs while simultaneously improving program 
integrity through consistent reporting and data across all USDA 
agencies and programs. Ultimately, we expect ACRSI to allow automated 
reporting from the producer's precision GPS monitoring equipment or 
farm management system.
    To implement ACRSI in an economical manner, we plan to the extent 
possible to utilize CIMS, which is a single, centralized storage 
repository of RMA and FSA producer and program information. CIMS 
provides FSA, NASS, OIG, RMA, other USDA agencies, AIPs access to a 
single, centralized storage repository of producer and program 
information submitted to FSA and RMA. CIMS is increasing the 
reliability and accuracy of program information collection by providing 
users access to an integrated information management system containing 
crop insurance, conservation, and farm program data. Federal employees 
have made over 60,000 requests and AIPs have submitted over 36 million 
requests for information from CIMS on insured producers.
    CIMS staff is working with FSA and RMA to standardize reporting 
requirements to reduce differences in definitions of basic agency terms 
to be used in systems designed to allow producers to report common 
information to USDA once, which the agencies will share. This will 
reduce the differences in program participation information.

How can you provide constructive input?

    FFAS is working to change the way we operate to better serve our 
customers. We want to identify improvements that we can achieve through 
the consolidation of information required to participate in farm 
programs administered by FSA and the Federal crop insurance program 
administered by RMA. We are interested in hearing from the public on 
how best to simplify and standardize data reporting requirements such 
as acreage reporting processes, program dates, and data definitions 
across the various USDA programs and agencies.
    FFAS welcomes comments on how best to develop procedures, 
processes, and standards that will allow producers to use information 
from their farm management and precision agriculture systems for 
reporting production, planted and harvested acreage, and other key 
information needed to participate in USDA programs.
    We are encouraging public input in the retrospective review to 
allow us to hear directly from those who participate in USDA programs 
as we work to streamline this work in a way that improves access to 
resources intended to create jobs and grow the economy. We are 
interested in hearing from you about how we can simplify and reduce the 
reporting required for participation in the FSA and RMA programs. We 
want to reduce the amount of time and effort spent on data collection 
by sharing similar data across participating USDA agencies. This will 
allow FSA, RMA, AIPs, and agents to spend more time on the 
administration of programs.
    We have several programs that require farmers, producers, and 
ranchers to submit information to be eligible for certain programs and 
benefits. Although we have made efforts to eliminate or minimize 
duplication of information collection to reduce the burden on the 
public, we realize that there are possible duplications or similarities 
in the acreage reporting that farmers,

[[Page 42592]]

producers, and ranchers need to submit to FSA and RMA. Therefore, we 
have been reviewing the various requirements including the type of 
information that each agency requests, the specific agency definitions 
for the data, and the timing of the reporting to each agency. We have 
considered changes that would meet the current requirements for each 
agency based on existing legislative authority, policies, procedures, 
and regulations. Primary goals include improving the public's ability 
to determine eligibility for and to participate in FSA and RMA programs 
and reducing the need for our employees to input the same data multiple 
times, which will allow existing staff to focus more fully on other 
efforts and better serve the public. In the efforts to eliminate or 
minimize duplication of information collection, FSA and RMA will not be 
collecting or obtaining new or more information from the producers, 
ranchers, and farmers.
    USDA is encouraging public participation in several ways, some 
traditional, and some new ways to reach the greatest number of people. 
For example, USDA is using the USDA open gov Web site at: http://www.usda.gov/open for public discussions related to the retrospective 
review. In addition to the published RFI, USDA developed a preliminary 
plan for doing the retrospective review and posted that on the USDA 
open gov Web site for public participation. Other avenues include news 
releases, announcements on Twitter, the FSA Fence Post (on-line news 
updates), and other avenues to reach stakeholders. In addition, FSA 
posted the published USDA RFI on the FSA webpage with the FSA 
publications in the Federal Register. This outreach effort to encourage 
additional public participation is in addition to the on-going outreach 
to FSA and RMA stakeholders and employees about the initiative; 
information and updates about the initiative have been provided as a 
part of several presentations by the Acting Under Secretary, the USDA 
Chief Information Officer, and the RMA Administrator, from November 
2010 to April 2011.
    The comment period for the USDA RFI closed May 20, 2011. USDA used 
the input from those comments to make adjustments to finalize the 
preliminary plan. We will continue the discussion on the USDA Open gov 
policy gateway Web site at: http://www.usda.gov/open. We encourage you 
to provide your suggestion or otherwise participate in the discussion 
on the USDA Open gov policy gateway Web site (through the discuss tab). 
In addition, as discussed in this notice, separate from the input we 
are requesting on the retrospective review initiative, this notice also 
provides a 60-day comment period for public input about the information 
collection approval that we will be requesting for ACRSI.
    The following questions may be helpful to consider in submitting 
your input about ACRSI and the overall goals to reduce duplication of 
information collection:
    (1) What are the potential benefits and limitations for 
reliability, accuracy, and practicality?
    (2) What would be consistent and uniform standards for the 
collection and reporting of data to multiple USDA agencies?
    (3) How can USDA assure the proper calibration and integrity of the 
data, so the data cannot be manipulated or modified from the original 
readings or output?
    (4) How can USDA have compatibility with automated systems of FSA 
and RMA to facilitate transmission and sharing of data?
    (5) Are there reporting requirements that have become outdated and, 
if so, how can they be modernized to accomplish their objectives 
better?
    (6) Do USDA agencies currently collect information that they do not 
need or use effectively to achieve regulatory objectives?
    (7) Is there information that agencies should begin collecting to 
achieve the required objectives?
    (8) Are there reporting requirements, or application processes that 
are unnecessarily complicated, or that could be streamlined to achieve 
the objectives in ways that are more efficient?
    (9) Are there application processes or reporting requirements that 
have been overtaken by technological developments? Can new technologies 
be used to modify, streamline, or do away with existing reporting 
requirements?
    This non-exhaustive list is meant to assist in your input and is 
not intended to limit the issues that you choose to address. Although 
we are contemplating focusing our initial review on the area identified 
in the RFI and this notice, we welcome input from the public on any of 
USDA's regulations and ways to improve them to help USDA agencies 
advance the mission of the Department. We encourage you to provide 
input on rules that have been in effect for a sufficient amount of time 
to warrant meaningful evaluation. FFAS notes that this notice is issued 
solely for information and program-planning purposes. Responses to this 
notice do not bind USDA to any further action.
    We will give public input full consideration as we consider changes 
to FSA acreage reporting requirements for farm programs and RMA acreage 
reporting requirements for crop insurance. The following suggestions 
may be helpful for preparing your comments:
     Explain your views as clearly as possible.
     Describe any assumptions that you used.
     Provide any information on which you based your views.
     Provide specific examples to illustrate your points.
     Offer specific alternatives to the current information 
reporting requirements.
     Participate in the discussion on USDA's open gov site 
during the summer of 2011. The requested public input through USDA's 
open gov site is on-going, but for the purposes of implementing ACRSI, 
input submitted during the summer of 2011 will be most helpful in 
implementing improvements as soon as possible.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995, the Farm 
Service Agency (FSA) and Risk Management Agency (RMA) are seeking 
comments from all interested individuals and organizations on a new 
information collection request associated with the Acreage and Crop 
Reporting Streamlining Initiative (ACRSI).

Description of Information Collection

    Title: Acreage and Crop Reporting Streamlining Initiative (ACRSI).
    OMB Control Number: 0563-NEW.
    Expiration Date of Approval: 3 years from date of OMB approval.
    Type of Request: New information collection.
    Abstract: ASCRI is a new initiative in this information collection 
request to reengineer the procedures, processes, and standards to 
simplify commodity, acreage, and production reporting by producers, 
eliminate or minimize duplication of information collection by multiple 
agencies, and reduce the burden on producers, insurance agents, and 
AIPs. FSA and RMA are implementing a web-based single source reporting 
system to establish a single data collection and reporting in the 
initiative.
    FSA and RMA are also improving the existing Office of Management 
and Budget (OMB) approved information collections for FSA and RMA, 
0560-0004, Report of Acreage, and 0563-0053, Multiple Peril Crop 
Insurance, respectively. Currently, commodity,

[[Page 42593]]

acreage, and production information is generally collected from the 
respondent during a personal visit to the FSA Service Center and again 
from the respondent during a personal visit to the insurance agent. The 
forms will still be available to accommodate respondents with no 
Internet access and those who wish to continue to personally visit the 
FSA Service Center and insurance agent to report the information.
    When a web-based single system is fully implemented, respondents 
will be allowed to report the information once. The information will 
also be shared by both FSA and RMA, as well as other USDA agencies, 
such as NRCS and NASS, that have the authority and need for such 
information.
    In each phase of system implementation, some or all of the 
commodity, acreage, and production information in the existing approved 
information collections will be reported via web-based single source 
reporting system. Furthermore, the information collected will be the 
same as the information currently approved. Additionally, the 
respondent will only have to report it one time through a single source 
thereby reducing the respondent's burden of reporting such information 
and eliminating the duplicate reporting that may be currently required. 
The information will then be shared with the other agency without 
having the producer personally visit both offices. The information 
collected will be the same as the information currently approved and 
will be used in the same manner it would be used if reported separately 
to each agency. FSA and RMA anticipate that producers will be able to 
use their precision-ag systems, farm management information systems, or 
download data files to directly report commodity, acreage, and 
production information needed to participate in USDA programs.
    The information being collected will consist of, but not be limited 
to: Producer name, location state, commodity name, commodity type or 
variety, location county, date planted, land location (legal 
description, FSA farm number, FSA track number, FSA field number), 
intended use, prevented planting acres, acres planted but failed, 
planted acres, and production of commodity produced.
    FSA and RMA will implement the web-based system in phases until 
fully implemented. The first phase will be initiated in the fall of 
2011 in Dickenson, Marion, McPherson, and Saline Counties in Kansas, 
and only for the collection of information from producers regarding 
winter wheat. In the first phase, approximately 200 respondents will 
use a web-based single source reporting system and 3,705 respondents 
will report information during a personal visit.
    To ensure statutory criteria are met for both Federal crop 
insurance programs, FSA, and Commodity Credit Corporation (CCC) 
programs, the collection of commodity, acreage, and production 
information is necessary. This is not a request for a change, addition 
or deletion to the currently approved information collections. However, 
the existing approved information collections will be updated, modified 
or eliminated, as applicable, to reflect the reduction in burden on the 
respondents when the web-based system is fully implemented.
    Respondents: Producers.
    Estimated Annual Number of Respondents Utilizing the Web-Based 
Single Source Reporting System: 204,250.
    Estimated Annual Number of Respondents Reporting the Information by 
Personally Visiting One Agency and Sharing Information Between 
Agencies: 62,005.
    Estimated Annual Number of Responses per Respondent: 1.5.
    Estimated Total Annual Burden on Respondents Utilizing the Web-
Based Single Source Reporting System: 230,287 hours. (This estimated 
public reporting burden is from the existing OMB approved information 
collections 0560-0004.)
    Estimated Total Annual Burden on Respondents Reporting the 
Information by Personally Visiting One Agency and Having That 
Information Sharing Information Between Agencies: 131,761 hours. (This 
estimated public reporting burden is from the existing OMB approved 
information collections 0560-0004, including the estimated burden for 
travel time.)
    We are requesting comments on all aspects of this information 
collection to help us to:
    (1) Evaluate whether the collection of information is necessary for 
the proper performance of the functions of the agencies, including 
whether the information will have practical utility;
    (2) Evaluate the accuracy of the agency's estimate of burden 
including the validity of the methodology and assumptions used;
    (3) Enhance the quality, utility and clarity of the information to 
be collected;
    (4) Minimize the burden of the collection of information on those 
who are to respond through use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
to technology.
    All comments in response to this notice, including names and 
addresses when provided, will be a matter of public record. Comments 
will be summarized and included in the request for Office of Management 
and Budget (OMB) approval.

Executive Order 13563, ``Improving Regulation and Regulatory Review''

    On January 18, 2011, the President issued Executive Order 13563, 
``Improving Regulation and Regulatory Review,'' to ensure that Federal 
regulations use the best available tools to promote innovation that 
will reduce costs and burden while allowing public participation and an 
open exchange of ideas. We are required to make the agency's regulatory 
program more effective or less burdensome in achieving the regulatory 
objectives. To read background information on Executive Order 13563, go 
to http://www.regulations.gov/exchange/topic/eo-13563.

    Signed on July 11, 2011.
Karis T. Gutter,
Acting Under Secretary, Farm and Foreign Agricultural Services.
[FR Doc. 2011-17923 Filed 7-18-11; 8:45 am]
BILLING CODE 3410-05-P