[Federal Register Volume 88, Number 223 (Tuesday, November 21, 2023)]
[Notices]
[Pages 81039-81040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25726]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 88, No. 223 / Tuesday, November 21, 2023 /
Notices
[[Page 81039]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-NOP-23-0052]
Notice of Request To Extend and Revise a Previously Approved
Information Collection
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice 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 an extension and revision of a previously approved
information collection titled ``National Organic Program'' (OMB Control
Number: 0581-0191).
DATES: Comments on this notice must be received by January 22, 2024 to
be assured of consideration.
ADDRESSES: Interested persons are invited to submit comments by using
the electronic process available at https://www.regulations.gov. All
comments should reference the docket number, 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. Please do not include personally identifiable
information (such as name, address, or other contact information) or
confidential business information that you do not want publicly
disclosed. Comments may be submitted anonymously.
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 Control Number: 0581-0191.
Expiration Date of Current Approval: March 31, 2024.
Type of Request: Notice of intent to extend and revise a previously
approved information collection for three years.
Abstract: AMS is requesting that the Office of Management and
Budget (OMB) extend the approval for the currently approved information
collection, ``National Organic Program,'' OMB Control Number 0581-0191
for another three years past its existing expiration date of March 31,
2024. AMS is also requesting OMB approval of revisions made to this
information collection. AMS is requesting the revision and extension of
this previously approved information collection, to fully implement the
``National Organic Program'' (NOP).
The Organic Foods Production Act of 1990 (OFPA), as amended (7
U.S.C. 6501-6524), authorized 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.
Under OFPA, the purpose of the NOP 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). Since AMS published the first USDA organic
regulations (7 CFR part 205, 65 FR 80548, Dec 21, 2000), the
information collected (under OMB Control No. 0581-0191) has been used
at the Federal level (by AMS) to evaluate the compliance of organically
produced products around the world, evaluate the effectiveness of the
program, and to inform program management decisions and policy changes.
AMS requests that the approval of this information collection be
extended another three years. If this information is not collected,
AMS's ability to carry out the mandates of OFPA through the NOP will be
greatly diminished.
Respondents to this information collection include operations
seeking or maintaining USDA organic certification, accredited
certifying agents and their inspectors, and State and foreign program
officials. This collected information is used by accredited certifying
agents and their inspectors, State and foreign program officials, and
AMS. Respondents to this information collection also includes entities
seeking certifying agent accreditation, members of the public
petitioning a change to the USDA organic regulations National List of
Allowed and Prohibited Substances (7 CFR 205.600-607), and members of
the public submitting allegations of fraudulent organic activities
(complaints). This collected information is used by AMS.
In addition to generic descriptions of information to be collected
(described in the USDA organic regulations, 7 CFR part 205), the
National Organic Program information collection includes three forms:
(1) TM-10CG, Application for Accreditation; (2) TM-11, Export
Certificate; and (3) NOP 2110-1, NOP Import Certificate.
In this renewal, AMS intends to revise the explanatory/
instructional text in form TM-10CG, Application for Accreditation. The
existing form repeats language that is codified in the USDA organic
regulations (7 CFR part 205). AMS plans to remove this redundant
language and replace the instructions with references to relevant
sections of the USDA organic regulations. AMS also plans to revise the
form to clarify when information is to be submitted to AMS to reduce or
eliminate the resubmission of duplicate information from certifying
agents renewing their accreditation. The TM-10CG, Application for
Accreditation, will be revised and submitted to OMB after the public
comment period for this notice has closed. AMS is not planning any
changes to TM-11, Export Certificate, at this time. At a later date,
AMS plans to revise NOP 2110-1, NOP Import Certificate, due to recent
rulemaking (Strengthening Organic Enforcement, 88 FR 3548, Jan 19,
2023).
AMS is also revising the National Organic Program information
collection to include estimates of paperwork burdens related to the
five-year Transition to Organic Partnership Program and the NOP Online
Complaint Portal.
The National Organic Program, on behalf of AMS, is responsible for
facilitating the Transition to Organic Partnership Program portion of
the USDA Organic Transition Initiative
[[Page 81040]]
(Press Release No. 0181.22, August 22, 2022). AMS revised the paperwork
burden estimate for the National Organic Program information collection
to include participant applications. Through the Transition to Organic
Partnership Program, the USDA ensures that operations (farmers)
transitioning to organic production have the support and resources
needed to navigate that transition. Respondents to the Transition to
Organic Partnership Program are operations (e.g., farmers) seeking to
transition their agricultural operation to USDA certified organic
production, operations looking to expand their existing USDA certified
organic operation and/or acreage, and existing USDA certified organic
operations looking to serve in a mentorship role to the above listed
respondents. AMS and Transition to Organic Partnership Program
cooperators use this information to build a partnership network across
six regions of the United States, with the purpose of connecting
transitioning operations (mentees) with mentors, and to help with
technical assistance events and resource material content development.
Administrative investigations are exempt from the Paperwork
Reduction Act requirements [44 U.S.C. 3518(c)(1)(B)(ii)]. Therefore,
information regarding the submission of complaints has not previously
been included in the National Organic Program information collection.
However, AMS recognizes that respondents wishing to stay anonymous go
to greater lengths to preserve their anonymity. To reduce the burden on
these voluntary submissions, AMS created the NOP Online Complaint
Portal. Since personally identifiable information is collected from
non-anonymous respondents in this portal, AMS revised the National
Organic Program information collection to include these respondents.
These respondents are members of the public who voluntarily submit
allegations of fraudulent organic activities (complaints) using the new
NOP Online Complaint Portal. Complaints have historically been received
and investigated by AMS since the publication of the first USDA organic
regulations (7 CFR part 205, 65 FR 80548, Dec 21, 2000). As always, the
public may submit complaints how they wish, using mail, fax, phone,
email, or now--the NOP Online Complaint Portal. This collected
information is used by AMS to initiate administrative investigations.
Additional information requests associated with AMS following up on
these complaints are not discussed here, as administrative
investigations are exempt from the Paperwork Reduction Act requirements
[44 U.S.C. 3518(c)(1)(B)(ii)].
At a later date, AMS will update the information collection to
describe revisions to the Organic Integrity Database (INTEGRITY) due to
recent rulemaking (Strengthening Organic Enforcement, 88 FR 3548, Jan
19, 2023).
Estimate of Burden: The total annual hours requested for this
information collection is 3,382,459 hours. This estimated burden
includes time needed for participant education; record creation and
administration; and preparation, review, and submission of reports.
Respondents include producers and handlers of certified and exempt
organic products, organic inspectors, certifying agents, State
governments, petitioners, complainants, and participants in the
Transition to Organic Partnership Program.
Estimated Number of Respondents: 55,285 respondents.
Estimated Number of Responses per Respondent: 5.2 responses per
respondent.
Estimated Burden per Response: 11.8 hours.
Estimated Total Annual Burden on Respondents: 3,382,459 hours.
Comments are invited on: Revisions being made to ``National Organic
Program,'' (OMB Control Number 0581-0191) to (1) revise the
explanatory/instructional text in form TM-10CG, (2) include the
Transition to Organic Partnership Program, and (3) include the NOP
Online Complaint Portal. Comments are also invited on: (i) whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information shall have practical utility; (ii) the accuracy of the
agency's estimate of the burden of the proposed collection of
information; (iii) ways to enhance the quality, utility, and clarity of
the information to be collected; and (iv) ways to minimize the burden
of the collection of information on those who are to respond, including
through the use of automated collection techniques or other forms of
information technology. For access to the docket to read background
documents (such as the spreadsheet used to estimate burden) or comments
received, go to https://www.regulations.gov and search for Docket ID
``AMS-NOP-23-0052.''
All responses to this notice will be summarized in a Supporting
Statement and included in the request to OMB for approval. All comments
will become a matter of public record.
A copy of the information collection and related documents may be
obtained free of charge by contacting the Agency as directed above in
section FOR FURTHER INFORMATION CONTACT.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2023-25726 Filed 11-20-23; 8:45 am]
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