[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)]
[Rules and Regulations]
[Pages 52589-52590]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18436]



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 Rules and Regulations
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  Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Rules 
and Regulations  

[[Page 52589]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 37

[Doc. # AMS-LPS-15-0054]


Removal of Program To Assess Organic Certifying Agencies in 7 CFR 
Part 37

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Direct final rule.

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SUMMARY: This final rule informs the public that the Agricultural 
Marketing Service (AMS) of the United States Department of Agriculture 
(USDA) is removing the Program to Assess Organic Certifying Agencies 
from the Code of Federal Regulations. This action removes unnecessary 
regulations from the CFR. Since the publication of the organic 
regulations, the Program to Assess Organic Certifying Agencies is no 
longer applicable or necessary.

DATES: This rule is effective November 7, 2016 without further action, 
unless adverse comment is received by September 8, 2016. If adverse 
comment is received, AMS will publish a timely withdrawal of the rule 
in the Federal Register.

ADDRESSES: Comments should be submitted online at www.regulations.gov. 
Comments received will be posted without change, including any personal 
information provided. All comments should reference the docket number 
AMS-LPS-15-0054, the date of submission, and the page number of this 
issue of the Federal Register. Comments may also be submitted to: 
Jeffrey Waite, Branch Chief, Auditing Services Branch, Quality 
Assessment Division; Livestock, Poultry, and Seed Program, Agricultural 
Marketing Service, U.S. Department of Agriculture, 400 Independence 
Avenue SW., Room 3932-S, STOP 0258, 1400 Independence Avenue SW., 
Washington, DC 20250-0258. Comments will be made available for public 
inspection at the above address during regular business hours or online 
at www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Jeffrey Waite, Branch Chief, Auditing 
Services Branch, Quality Assessment Division; Livestock, Poultry, and 
Seed Program, Agricultural Marketing Service, U.S. Department of 
Agriculture, Room 3932-S, STOP 0258, 1400 Independence Avenue SW., 
Washington, DC 20250-0258; telephone (202) 720-4411, or email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
This rule has been determined not to be significant for purposes of 
Executive Order 12866 or Executive Order 13563. Accordingly, the Office 
of Management and Budget (OMB) has waived the review process.

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments. The review reveals that this regulation does not have 
tribal implications, in that it would not have substantial direct 
effects on Tribal governments.

Regulatory Flexibility Act

    The purpose of the Regulatory Flexibility Act (RFA) [5 U.S.C. 601-
612] is to fit regulatory actions to the scale of businesses subject to 
such actions so small businesses will not be unduly or 
disproportionately burdened. AMS has determined that this rule will not 
have a significant impact on a substantial number of small entities, as 
defined by RFA, because the services are voluntary and provided on a 
fee-for-service basis, and are not subject to scalability based on the 
business size. Moreover, there are no entities being provided services 
under this part.
    AMS is committed to complying with the E-Government Act to promote 
the use of the Internet and other information technologies to provide 
increased opportunities for citizen access to government information 
and services, and for other purposes.
    USDA has not identified any relevant Federal rules that duplicate, 
overlap, or conflict with this rule.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 
chapter 35], it has been determined that this rule will not change the 
information collection and recordkeeping requirements previously 
approved, and will not impose additional reporting or recordkeeping 
burden on users.
    The information collection and recordkeeping requirements of this 
part were approved by OMB under 44 U.S.C. chapter 35 and assigned OMB 
Control Number 0581-0183. The information collection was retired by OMB 
on its expiration date of April 30, 2003. A change of worksheet was 
submitted to OMB on February 21, 2003, to terminate that collection 
because form LS-314 Application for Service was obsolete. Form LS-313 
Application for Service and the ISO 65 Guidelines were transferred to 
OMB Control Number 0581-0191 for the National Organic Program (NOP). As 
a result, no information collection under 7 CFR part 37 remained.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule is not intended to have retroactive effect. 
There are no civil justice implications associated with this direct 
final rule.

Civil Rights Review

    AMS has considered the potential civil rights implications of this 
rule on minorities, women, or persons with disabilities to ensure that 
no person or group shall be discriminated against on the basis of race, 
color, national origin, gender, religion, age, disability, sexual 
orientation, marital or family status, political beliefs, parental 
status, or

[[Page 52590]]

protected genetic information. This rule does not require affected 
entities to relocate or alter their operations in ways that could 
adversely affect such persons or groups. Further, this rule will not 
deny any persons or groups the benefits of a program or subject any 
persons or groups to discrimination.

Executive Order 13132

    This rule has been reviewed under Executive Order 13132, 
Federalism, which directs agencies to construe, in regulations and 
otherwise, a Federal statute to preempt state law only when the statute 
contains an express preemption provision. There are no federalism 
implications associated with this rule.

Background

    The Program to Assess Organic Certifying Agencies was published 
through a Federal Register Interim Final Notice (64 FR 30867) on June 
9, 1999, under the authority of the Agricultural Marketing Act of 1946 
[7 U.S.C. 1621-1627]. It authorized AMS to assess certifying agencies 
to the International Organization for Standardization/International 
Electrotechnical Commission (ISO/IEC) Guide 65:1996 General 
requirements for bodies operating product certification systems. While 
the Organic Foods Production Act of 1990 had been signed into law, AMS 
had not yet promulgated regulations to establish the NOP. In their 
absence, the Program to Assess Organic Certifying Agencies provided AMS 
the legal framework to assess organic certifying agencies. However, 
when AMS published the national standards for organic products on 
December 21, 2000, no action was taken to remove 7 CFR part 37. The 
publication of the NOP Final Rule (7 CFR part 205) nullified the 
Program to Assess Organic Certifying Agencies.

List of Subjects in 7 CFR Part 37

    Administrative practice and procedure, Agriculture, Assessment of 
organic certifying agencies, Incorporation by reference, Organically 
produced agricultural commodities, Reporting and recordkeeping 
requirements.

    Accordingly, under the authority 7 U.S.C. 1621-1627, and as 
discussed in the preamble, the Agency is amending 7 CFR chapter 1 by 
removing part 37.

PART 37--[REMOVED]

0
1. Remove part 37.

    Dated: July 29, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-18436 Filed 8-8-16; 8:45 am]
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