[Federal Register Volume 88, Number 80 (Wednesday, April 26, 2023)]
[Proposed Rules]
[Pages 25289-25293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06885]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 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.
 
 ========================================================================
 

  Federal Register / Vol. 88 , No. 80 / Wednesday, April 26, 2023 / 
Proposed Rules  

[[Page 25289]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-22-0055]


Origin of Livestock; New Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notification and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, this 
notice announces the Agricultural Marketing Service's (AMS) intention 
to request approval from the Office of Management and Budget for a new 
information collection related to livestock production practices under 
the USDA organic regulations.

DATES: Comments must be received by June 26, 2023 to be assured of 
consideration.

ADDRESSES: Interested persons are invited to submit comments concerning 
this notification by using the electronic process available at https://www.regulations.gov. Written comments may also be submitted to Valeria 
Frances, Agricultural Marketing Specialist, National Organic Program, 
AMS/USDA, 1400 Independence Ave. SW, Room 2642-South, Ag Stop 0268, 
Washington, DC 20250-0268. All comments should reference the document 
number and the date and page number of this issue of the Federal 
Register. All comments received will be posted without change, 
including any personal information provided, at https://www.regulations.gov and will be included in the record and made 
available to the public.

FOR FURTHER INFORMATION CONTACT: Erin Healy, Director, Standards 
Division, National Organic Program. Phone: (202) 720-3252, Email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    Title: National Organic Program.
    OMB Number: 0581-new.
    Type of Request: New--Variances at 7 CFR 205.236(d)(1).
    Abstract: On April 5, 2022, AMS published the ``Origin of 
Livestock'' (OOL) final rule (87 FR 19740) related to livestock 
production practices under the USDA organic regulations (7 CFR part 
205). The final rule clarified that organic dairy operations may 
transition nonorganic animals to organic production once--after that, 
any animals added to an operation must have been organically managed 
from the last third of gestation. To provide flexibility, the final 
rule allows small, certified operations to request a variance from the 
rule's one-time transition requirement under limited conditions 
specified at 7 CFR 205.236(d). This is a new variance with an 
information collection burden for which there has not been public 
comment. In this request, AMS is seeking public comment on the burdens, 
costs, and other effects of the information collection required by the 
new variance.
    AMS invites comment on the following topics: (1) whether the 
proposed collection of 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 
agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (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 the 
use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology.

Authority and Need for Information Collection

    The Organic Foods Production Act of 1990 (OFPA), as amended (7 
U.S.C. 6501-6524), authorizes the Secretary of Agriculture to establish 
the National Organic Program (NOP) and accredit certifying agents to 
certify that farms and businesses meet national organic standards. The 
purpose of OFPA is to: (1) establish national standards governing the 
marketing of certain agricultural products as organically produced 
products; (2) assure consumers that organically produced products meet 
a consistent standard; and (3) facilitate interstate commerce in fresh 
and processed food that is organically produced. 7 U.S.C. 6501.
    Reporting and recordkeeping are essential to the integrity of the 
organic certification system. A paper trail is a critical element in 
carrying out the mandate of OFPA and the NOP. Reporting and 
recordkeeping serve the AMS mission, program objectives, and management 
needs by providing information on the efficiency and effectiveness of 
the program. The collected information is the basis for evaluating 
compliance with OFPA and the USDA organic regulations, administering 
the program, making management and program planning decisions, and 
establishing the cost of the program. It also supports administrative 
and regulatory actions in response to noncompliance with OFPA and the 
USDA organic regulations.
    In general, the information collected is used by USDA, State 
programs, and certifying agents. Information is created and submitted 
by State and foreign program officials, peer review auditors, 
certifying agents, organic inspectors, certified organic producers and 
handlers, entities seeking accreditation or certification, and parties 
interested in changing the National List of Allowed and Prohibited 
Substances in Sec. Sec.  205.600-205.607. Information collections 
require most of these entities to establish and maintain record-keeping 
procedures and to maintain space for records.

Origin of Livestock Final Rule and Variance Requests

    AMS amended the OOL requirements for dairy animals under the USDA 
organic regulations with a final rule published on April 5, 2022 (87 FR 
19740). The final rule followed a proposed rule published on April 28, 
2015 (80 FR 23455) and two subsequent comment periods (October 1, 2019, 
84 FR 52041; May 12, 2021, 86 FR 25961). All comments can be accessed 
at https://www.regulations.gov (search for the Docket ID ``AMS-NOP-11-
0009'').
    The final rule clarifies requirements related to organic dairy 
production under the USDA organic regulations and specifies how and 
when nonorganic dairy animals may be transitioned or converted to 
organic production. The final rule grants a one-time allowance for 
transitioning nonorganic animals to

[[Page 25290]]

organic production to operations that (1) are not already certified for 
organic livestock production and that (2) have never transitioned 
animals. The final rule also allows variances for the movement of 
transitioned animals under limited scenarios. Specifically, the AMS 
Administrator \1\ may issue case-by-case variances for some operations 
to sell or transfer transitioned animals (see discussion at 87 FR 
19750). The final rule allows businesses that the Small Business 
Administration (SBA) classifies as small in its regulations (see 13 CFR 
part 121) \2\ to request a variance. For example, the SBA regulations 
currently establish that a dairy cattle operation is a small business 
if it takes in less than $3.25 million in annual receipts; and a goat 
farming operation is small if it has less than $2.25 million in annual 
receipts. AMS limits variances to small businesses to minimize the 
adverse economic impact on small entities, as directed by the 
Regulatory Flexibility Act.
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    \1\ The Administrator includes a ``representative to whom 
authority has been delegated to act in the stead of the 
Administrator'' which could be the NOP Program Manager, i.e., the 
NOP Deputy Administrator.
    \2\ https://www.ecfr.gov/current/title-13/chapter-I/part-121/subpart-A.
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    Pursuant to 7 CFR 205.236(d)(1), a small, organic dairy operation 
\3\ may request a variance from the OOL transitioned animal sourcing 
prohibitions only if:
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    \3\ AMS estimates that 2,832 certified organic dairy operations 
could be classified as small under the SBA standard. Within the 2016 
ARMS data, 90 percent of organic dairy farms (300 of the 332) had 
fewer than 200 milking animals. Lacking more detailed information, 
AMS assumes that 90 percent of all organic dairy farms, or 2,832 
operations of the 3,134 operations, qualify as small businesses 
under the SBA standard.
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     The certified operation selling the transitioned animals 
is part of a bankruptcy proceeding or a forced sale (Sec.  
205.236(d)(1)(i)); or
     The certified operation has become insolvent, must 
liquidate its animals, and as a result has initiated a formal process 
to cease its operations (Sec.  205.236(d)(1)(ii)); or
     The certified operation wishes to conduct an 
intergenerational transfer of transitioned animals to an immediate 
family member Sec.  205.236(d)(1)(iii)).
    The OOL variance request process is very similar to the request 
process for temporary variances at Sec.  205.290. Under the process 
described in the NOP Program Handbook,\4\ the operation must submit its 
request for a temporary variance in writing to its certifying agent and 
include supporting documentation justifying the need for the variance. 
Likewise, a certified operation requesting a variance to the OOL 
transitioned animal sourcing prohibition must submit a request in 
writing to its certifying agent. The operation must provide 
documentation to support the request (e.g., contracts, evidence of 
forced/sale closure, family records, wills or trusts, bankruptcy 
filings, tax documentation, records to support size standard).
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    \4\ NOP Program Handbook, NOP 2606 Instruction: Temporary 
Variances. Available at: https://www.ams.usda.gov/sites/default/files/media/Program%20Handbk_TOC.pdf.
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    The certifying agent must review the request to determine whether 
it agrees with the reasons listed at Sec.  205.236(d) and whether the 
documentation provided by the operation justifies the need for the 
variance. Within ten days of receipt, the certifying agent must submit 
the request to AMS, including the original request and supporting 
documentation, and recommend either granting or denying the variance. 
The certifying agent must provide the reasons for their recommendation 
and include any documentation that supports their recommendation. AMS 
then determines whether to grant the variance request.

Overview of Information Collection Burden

    In general, compliance with USDA organic regulations requires 
information to be collected and maintained by USDA. In the final rule, 
AMS provided for a variance request process at Sec.  205.236(d)(1). 
Certified operations may request a variance from the prohibition on the 
movement of transitioned animals for specific circumstances. This is a 
new variance process with information collection burden for which there 
has not been public comment. In this information collection request, 
AMS is seeking public comment on the information collection impacts due 
to the new variance procedures described at Sec.  205.236(d)(1).
    AMS has identified six respondent types in its currently approved 
information collection (0581-0191): certified operations (producers and 
handlers), certifying agents, inspectors, foreign governments, state 
organic programs, and petitioners. All these entities must have 
procedures, personnel, time, and space for recordkeeping. Any of these 
entities may wish to comment on the recordkeeping requirements of the 
OOL variance request process. Only two respondent types--certified 
operations (producers, specifically) seeking a variance and their 
certifying agents (accredited for livestock)--are expected to have 
information collection impacts in this new collection:
    Certifying agents. Certifying agents are State, private, or foreign 
entities who are accredited by USDA to certify domestic and foreign 
producers and handlers as organic in accordance with OFPA and the USDA 
organic regulations. Each entity wanting to be an agent seeks 
accreditation from USDA, submitting information documenting its 
business operations and program expertise. Certifying agents determine 
if a producer or handler meets organic requirements, using detailed 
information from the operation documenting its specific practices and 
on-site inspection reports from organic inspectors. Administrative 
costs for reporting, disclosure of information, and recordkeeping vary 
among certifying agents. Factors affecting costs include the number and 
size of clients, the categories of certification provided, and the type 
of systems maintained.
    When an entity applies for accreditation as a certifying agent, it 
must provide a copy of its procedures for complying with recordkeeping 
requirements (Sec.  205.504(b)(3)). Once accredited, agents must make 
their records available for inspection and copying by authorized 
representatives of the Secretary (Sec.  205.501(a)(9)). USDA charges 
certifying agents for the time required to do these document reviews.
    Recordkeeping requirements for certifying agents are divided into 
three categories of records with varying retention periods: (1) records 
obtained from applicants for certification and certified operations, 
maintained five years, the same as OFPA's requirement for the retention 
of records by certified operations; (2) records created by certifying 
agents regarding applicants for certification and certified operations, 
maintained ten years, consistent with OFPA's requirement for 
maintaining all records concerning activities of certifying agents; and 
(3) records created or received by certifying agents regarding 
accreditation, maintained five years, consistent with OFPA's 
requirement for renewal of agent's accreditation (Sec.  205.510(b)).

[[Page 25291]]

    Certified Operations (Producers and handlers). Producers and 
handlers, domestic and foreign, apply to certifying agents for organic 
certification, submit detailed information documenting their specific 
practices, provide annual updates to continue their certification, and 
report changes in their practices. Producers include farmers, livestock 
and poultry producers, and wild crop harvesters. Handlers include those 
who process or transform food, including millers, bulk distributors, 
food manufacturers, processors, or packers. Some handlers are part of a 
retail operation that processes organic products in a location other 
than the premises of the retail outlet. Administrative costs for 
reporting and recordkeeping vary among certified operators. Factors 
affecting costs include the type and size of operation, and the type of 
systems maintained.
    Estimates of the time burden of information collection have been 
summarized on the AMS 71 Grid (supplementary document). Estimates of 
the reporting hour burden and the recordkeeping hour burden and costs 
are summarized here and in the Supporting Statement (supplementary 
document).
    AMS calculates the costs to domestic and foreign respondents 
(certifying agents and certified operations) to more precisely 
understand the reporting and recordkeeping costs of the OOL final rule. 
At this time, 60% of organic producers and 59% of certifying agents are 
domestic and 40% of organic producers and 41% of certifying agents are 
based in foreign countries.\5\ For all respondents, AMS estimates: (1) 
the number of respondents; (2) the hours they spend, annually, creating 
and storing records to meet the paperwork requirements of the organic 
labeling program; and (3) the costs of those activities based on 
prevailing domestic \6\ and foreign \7\ wages and 
benefits.8 9
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    \5\ Organic Integrity Database (OID): August 18, 2022.
    \6\ The source of the specific hourly wage rates identified 
below is the National Compensation Survey: Occupational Employment 
and Wages for 2021, published March 2022 by the Bureau of Labor 
Statistics, Occupational Employment and Wages, https://www.bls.gov/oes/current/oes_nat.htm.
    \7\ Wages in foreign countries are benchmarked as 69.97% of U.S 
wages derived from World Bank estimates of Organization for Economic 
Co-Operation and Development (OECD) member countries in 2021 https://data.worldbank.org/indicator/NY.GDP.PCAP.PP.CD?locations=OE.
    \8\ Bureau of Labor Statistics News Release on Employer Costs 
for Employee Compensation, Benefits account for 31% of total average 
employer compensation costs, March 2022: https://www.bls.gov/news.release/ecec.nr0.htm.
    \9\ Benefit compensation rates at 34.63% of wage rates is based 
on an average of Organization for Economic Co-Operation and 
Development (OECD) benefits compensation rates for countries with 
USDA-accredited certifying agents. https://stats.oecd.org/Index.aspx?DataSetCode=AWCOMP.
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    For the 57 certifying agents that are accredited to certify 
livestock operations and for the estimated 28 organic dairy operations 
\10\ that may request a variance per Sec.  205.236, the total 
cumulative information collection burden for both reporting and 
recordkeeping is 106.25 hours for a total annual burden cost of $4,555. 
For each type of respondent, we describe the reporting burden and the 
recordkeeping burden below in narrative and in Table 1. Reporting 
Burden--Organic Operations & Certifying Agents and Table 2. 
Recordkeeping Burden--Organic Operations & Certifying Agents.
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    \10\ AMS estimates that 1%, or 28 operations, of small organic 
dairy operations may seek a variance, annually, per Sec.  
205.236(d)). For comparison, AMS received a total of 10 temporary 
variance requests submitted under Sec.  205.290 of the USDA organic 
regulations, and those procedures are available to all 46,277 
organic operations.
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    Total Reporting Burden Cost: $3,644.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 1 hour or 60 minutes per response.
    Respondents: Certified operations and certifying agents.
    Estimated Number of Reporting Respondents: 85.
    Estimated Number of Reporting Responses: 85.
    Estimated Total Reporting Burden on Respondents: 85 hours.
    Estimated Total Reporting Responses per Reporting Respondents: 1 
reporting response per reporting respondent.
    AMS estimates the public reporting burden for this new information 
collection at 85 hours per year for a total cost of $3,644 (rounded) 
with a total number of 85 respondents. Respondents are comprised of 
organic dairy operations seeking variances and certifying agents 
reviewing and submitting the requests for a variance to the AMS 
Administrator. See Table 1 below for details.

                   Table 1--Reporting Burden (Rounded)--Organic Operations & Certifying Agents
----------------------------------------------------------------------------------------------------------------
                                                                                       Total           Total
                                                     Number of        Wage +         reporting       reporting
                                                    respondents      benefits          hours           costs
----------------------------------------------------------------------------------------------------------------
                                        USDA Certified Operations (Dairy)
----------------------------------------------------------------------------------------------------------------
USDA Certified Producers--Domestic (60%)........              17          $49.40              17            $840
USDA Certified Producers--Foreign (40%).........              11           35.52              11             391
                                                 ---------------------------------------------------------------
    USDA Organic Operations--All................              28  ..............              28           1,231
----------------------------------------------------------------------------------------------------------------
                                     USDA Certifying Agents Reporting Burden
----------------------------------------------------------------------------------------------------------------
USDA U.S.-Based Certifying Agents (59%).........              34           47.75              34           1,624
USDA Foreign-Based Certifying Agents (41%)......              23           34.34              23             790
                                                 ---------------------------------------------------------------
    Total USDA Certifying Agents--All...........              57  ..............              57           2,413
----------------------------------------------------------------------------------------------------------------
        All Respondents--Reporting Burden.......              85  ..............              85           3,644
----------------------------------------------------------------------------------------------------------------


[[Page 25292]]

    The total reporting burden for all 28 organic dairy operations that 
may seek variances is 28 hours (1 hour per response), with a total 
estimated reporting cost of $1,231. Of these 28 operations, 17 or 60% 
of operations are U.S. domestic operations and will have a reporting 
burden of 17 hours at a wage estimate of $49.40 per hour ($37.71 per 
labor hour \11\ plus 31.0% in benefits,\12\) with a total cost of $840 
annually. The remaining 40% or 11 operations are in foreign countries 
with a reporting burden of 11 hours at an estimated wage rate of $35.52 
per hour ($26.39 per labor hour \13\ plus 34.63% in benefits \14\) with 
a total cost of $391 annually.
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    \11\ National Compensation Survey: Occupational Employment and 
Wage Estimates for 2021, published March 2022 by the Bureau of Labor 
Statistics. 11-9013 Farmers, Ranchers, and Other Agricultural 
Managers. https://www.bls.gov/oes/current/oes_nat.htm.
    \12\ Bureau of Labor Statistics News Release on Employer Costs 
for Employee Compensation, Benefits account for 31% of total average 
employer compensation costs, March 2022: https://www.bls.gov/news.release/ecec.nr0.htm.
    \13\ Wages in foreign countries are benchmarked as 69.97% of U.S 
wages derived from World Bank estimates of Organization for Economic 
Co-Operation and Development (OECD) member countries in 2021 https://data.worldbank.org/indicator/NY.GDP.PCAP.PP.CD?locations=OE.
    \14\ Benefit compensation rates at 34.63% of wage rates is based 
on an average of Organization for Economic Co-Operation and 
Development (OECD) benefits compensation rates for countries with 
USDA-accredited certifying agents. https://stats.oecd.org/Index.aspx?DataSetCode=AWCOMP.
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    The total reporting burden for all 57 certifying agents accredited 
to certify livestock operations, including dairies that may request a 
variance, is 57 hours (1 hour per response), for a total calculated 
cost of $2,413. Of these 57 certifying agents, 34 or 59% of certifying 
agents are based in the U.S. with a reporting burden of 34 hours at an 
estimated wage rate of $47.75 per hour ($36.45 \15\ plus 31% in 
benefits \16\) with a total cost of $1,624 annually. The remaining 23 
certifying agents, or 41%, are in foreign countries with a reporting 
burden of 23 hours at an estimated wage rate of $34.34 per hour ($25.50 
\17\ plus 34.63% \18\ in benefits), with a total cost of $790 annually.
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    \15\ National Compensation Survey: Occupational Employment and 
Wages for 2021, published March 2022 by the Bureau of Labor 
Statistics, Occupational Employment and Wages, 13-041 Compliance 
Officers https://www.bls.gov/oes/current/oes_nat.htm.
    \16\ Bureau of Labor Statistics News Release on Employer Costs 
for Employee Compensation, Benefits account for 31% of total average 
employer compensation costs, March 2022: https://www.bls.gov/news.release/ecec.nr0.htm.
    \17\ Wages in foreign countries are benchmarked as 69.97% of 
U.S. wages derived from World Bank estimates of Organization for 
Economic Co-Operation and Development (OECD) member countries in 
2021 https://data.worldbank.org/indicator/NY.GDP.PCAP.PP.CD?locations=OE.
    \18\ Benefit compensation rates at 34.63% of wage rates is based 
on an average of Organization for Economic Co-Operation and 
Development (OECD) benefits compensation rates for countries with 
USDA-accredited certifying agents. https://stats.oecd.org/Index.aspx?DataSetCode=AWCOMP.
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    Total Recordkeeping Burden Cost: $911.
    Estimate of Burden: Public recordkeeping burden for this collection 
of information is estimated to average 0.25 hours or 15 minutes per 
response.
    Respondents: Certified operations and certifying agents.
    Estimated Number of Recordkeeping Respondents: 85.
    Estimated Number of Recordkeeping Responses: 85.
    Estimated Total Recordkeeping Burden on Respondents: 21.25 hours.
    Estimated Total Recordkeeping Responses per Recordkeeping 
Respondents: 1 recordkeeping response per recordkeeping respondent.
    AMS estimates the public recordkeeping burden for this new 
information collection at 21.25 hours per year for a cost of $911 
(rounded), with a total number of 85 respondents. Respondents are 
comprised of organic dairy operations that may need to seek a variance 
per Sec.  205.236(d) and the certifying agents reviewing and submitting 
these requests for a variance on behalf of the organic operations. See 
Table 2 for the details.
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    \19\ National Compensation Survey: May 2021 Occupational 
Employment and Wage Estimates, March 2022, published by the Bureau 
of Labor Statistics. 11-9013 Farmers, Ranchers, and Other 
Agricultural Managers. https://www.bls.gov/oes/current/oes_nat.htm.
    \20\ Bureau of Labor Statistics News Release on Employer Costs 
for Employee Compensation, Benefits account for 31% of total average 
employer compensation costs, March 2022: https://www.bls.gov/news.release/ecec.nr0.htm.
    \21\ Wages in foreign countries are benchmarked as 69.97% of 
U.S. wages derived from World Bank estimates of Organization for 
Economic Co-Operation and Development (OECD) member countries in 
2021 https://data.worldbank.org/indicator/NY.GDP.PCAP.PP.CD?locations=OE.

                 Table 2--Recordkeeping Burden (Rounded)--Organic Operations & Certifying Agents
----------------------------------------------------------------------------------------------------------------
                                                                                       Total           Total
                                                     Number of        Wage +       recordkeeping   recordkeeping
                                                    respondents      benefits          hours           costs
----------------------------------------------------------------------------------------------------------------
                                        USDA Certified Operations (Dairy)
----------------------------------------------------------------------------------------------------------------
USDA Certified Producers--Domestic (60%)........              17          $49.40            4.25            $210
USDA Certified Producers--Foreign (40%).........              11           35.52            2.75              98
                                                 ---------------------------------------------------------------
    USDA Organic Operations--All................              28  ..............            7.00             308
----------------------------------------------------------------------------------------------------------------
                                     USDA Certifying Agents Reporting Burden
----------------------------------------------------------------------------------------------------------------
USDA U.S.-Based Certifying Agents (59%).........              34           47.75            8.50             406
USDA Foreign-Based Certifying Agents (41%)......              23           34.34            5.75             197
                                                 ---------------------------------------------------------------
    Total USDA Certifying Agents--All...........              57  ..............           14.25             603
                                                 ---------------------------------------------------------------
        All Respondents--Recordkeeping Burden...              85  ..............           21.25             911
----------------------------------------------------------------------------------------------------------------

    The total recordkeeping burden for all 28 organic dairy operations 
that may seek variances is 7 hours (.25 hours or 15 minutes per 
response), calculated at $308. Of these 28 operations, 60% or 17 
operations are domestic with a recordkeeping burden of 4.25 hours at an 
estimated wage rate of $49.40 per hour ($37.71 per labor hour,\19\ plus 
31.0% in benefits,\20\) with a total cost of $210 annually. The 
remaining 40% or 11 operations are in foreign countries with a 
recordkeeping burden of 2.75 hours at an estimated wage rate of $35.52 
($26.39 per labor hour,\21\ plus

[[Page 25293]]

34.63% in benefits,\22\) with a total cost of $98 annually.
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    \22\ Benefit compensation rates at 34.63% of wage rates is based 
on an average of Organization for Economic Co-Operation and 
Development (OECD) benefits compensation rates for countries with 
USDA-accredited certifying agents. https://stats.oecd.org/Index.aspx?DataSetCode=AWCOMP.
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    The total recordkeeping burden of the 57 certifying agents 
accredited to certify organic livestock operations, including dairies, 
14.25 hours (.25 hours or 15 minutes per response), calculated at $603. 
Of these 57 certifying agents, 59% or 34 are based in the U.S. with a 
recordkeeping burden of 8.5 hours at an estimated wage rate of $47.75 
per hour ($36.45,\23\ plus 31% in benefits,\24\) with a total cost of 
$406 annually. The remaining 41% or 23 certifying agents are in foreign 
countries with a recordkeeping burden of 5.75 hours at an estimated 
wage rate of $34.34 ($25.73,\25\ plus 34.63% \26\ in benefits), with a 
total cost of $197 annually.
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    \23\ National Compensation Survey: Occupational Employment and 
Wages, March 2022, published by the Bureau of Labor Statistics. 
Bureau of Labor Statistics, Occupational Employment and Wages, 13-
041 Compliance Officers https://www.bls.gov/oes/current/oes_nat.htm.
    \24\ Bureau of Labor Statistics News Release on Employer Costs 
for Employee Compensation, Benefits account for 31% of total average 
employer compensation costs, March 2022: https://www.bls.gov/news.release/ecec.nr0.htm.
    \25\ Wages in foreign countries are benchmarked as 69.97% of U.S 
wages derived from World Bank estimates of Organization for Economic 
Co-Operation and Development (OECD) member countries in 2021 https://data.worldbank.org/indicator/NY.GDP.PCAP.PP.CD?locations=OE.
    \26\ Benefit compensation rates at 34.63% of wage rates is based 
on an average of Organization for Economic Co-Operation and 
Development (OECD) benefits compensation rates for countries with 
USDA-accredited certifying agents. https://stats.oecd.org/Index.aspx?DataSetCode=AWCOMP.
---------------------------------------------------------------------------

Conclusion

    AMS invites public comment on the following topics: (1) whether the 
proposed collection of 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 
agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (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 the 
use of appropriate automated, electronic, mechanical, or other 
technological collection techniques or other forms of information 
technology.
    AMS will summarize all responses to this notification and include 
its summary in the request for OMB approval. All comments will become a 
matter of public record.

    Authority: 7 U.S.C. 6501-6524.

Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-06885 Filed 4-25-23; 8:45 am]
BILLING CODE P