[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
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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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]
BILLING CODE 3410-02-P