Origin of Livestock; New Information Collection, 25289-25293 [2023-06885]
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25289
Proposed Rules
Federal Register
Vol. 88, No. 80
Wednesday, April 26, 2023
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.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS–NOP–22–0055]
Origin of Livestock; New Information
Collection
Agricultural Marketing Service,
USDA.
ACTION: Notification and request for
comments.
AGENCY:
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: Erin.Healy@usda.gov.
SUPPLEMENTARY INFORMATION:
Title: National Organic Program.
OMB Number: 0581–new.
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SUMMARY:
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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
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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
§§ 205.600–205.607. Information
collections require most of these entities
to establish and maintain recordkeeping 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
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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.
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:
• The certified operation selling the
transitioned animals is part of a
bankruptcy proceeding or a forced sale
(§ 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
(§ 205.236(d)(1)(ii)); or
• The certified operation wishes to
conduct an intergenerational transfer of
transitioned animals to an immediate
family member § 205.236(d)(1)(iii)).
The OOL variance request process is
very similar to the request process for
temporary variances at § 205.290. Under
the process described in the NOP
Program Handbook,4 the operation must
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.
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.
4 NOP Program Handbook, NOP 2606 Instruction:
Temporary Variances. Available at: https://
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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).
The certifying agent must review the
request to determine whether it agrees
with the reasons listed at § 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
§ 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
§ 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
www.ams.usda.gov/sites/default/files/media/
Program%20Handbk_TOC.pdf.
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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 (§ 205.504(b)(3)). Once
accredited, agents must make their
records available for inspection and
copying by authorized representatives of
the Secretary (§ 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 (§ 205.510(b)).
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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
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 § 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.
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
Number of
respondents
Wage +
benefits
Total
reporting
hours
Total
reporting
costs
USDA Certified Operations (Dairy)
USDA Certified Producers—Domestic (60%) ..................................................
USDA Certified Producers—Foreign (40%) ....................................................
17
11
$49.40
35.52
17
11
$840
391
USDA Organic Operations—All ................................................................
28
........................
28
1,231
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USDA Certifying Agents Reporting Burden
USDA U.S.-Based Certifying Agents (59%) ....................................................
USDA Foreign-Based Certifying Agents (41%) ...............................................
34
23
47.75
34.34
34
23
1,624
790
Total USDA Certifying Agents—All ..........................................................
57
........................
57
2,413
All Respondents—Reporting Burden ................................................
85
........................
85
3,644
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-
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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)
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benefits compensation rates for countries with
USDA-accredited certifying agents. https://
stats.oecd.org/Index.aspx?DataSetCode=AWCOMP.
10 AMS estimates that 1%, or 28 operations, of
small organic dairy operations may seek a variance,
annually, per § 205.236(d)). For comparison, AMS
received a total of 10 temporary variance requests
submitted under § 205.290 of the USDA organic
regulations, and those procedures are available to
all 46,277 organic operations.
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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.
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.
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 § 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.
TABLE 2—RECORDKEEPING BURDEN (ROUNDED)—ORGANIC OPERATIONS & CERTIFYING AGENTS
Number of
respondents
Wage
+ benefits
Total
recordkeeping
hours
Total
recordkeeping
costs
USDA Certified Operations (Dairy)
USDA Certified Producers—Domestic (60%) ..................................................
USDA Certified Producers—Foreign (40%) ....................................................
17
11
$49.40
35.52
4.25
2.75
$210
98
USDA Organic Operations—All ................................................................
28
........................
7.00
308
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USDA Certifying Agents Reporting Burden
USDA U.S.-Based Certifying Agents (59%) ....................................................
USDA Foreign-Based Certifying Agents (41%) ...............................................
34
23
47.75
34.34
8.50
5.75
406
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
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 CoOperation 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.
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 CoOperation 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.
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 CoOperation and Development (OECD) member
countries in 2021 https://data.worldbank.org/
indicator/NY.GDP.PCAP.PP.CD?locations=OE.
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34.63% in benefits,22) with a total cost
of $98 annually.
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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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
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.
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 CoOperation 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.
VerDate Sep<11>2014
18:51 Apr 25, 2023
Jkt 259001
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
FEDERAL HOUSING FINANCE
AGENCY
12 CFR Part 1293
RIN 2590–AB29
Fair Lending, Fair Housing, and
Equitable Housing Finance Plans
Federal Housing Finance
Agency.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Federal Housing Finance
Agency (FHFA or the Agency) is seeking
comments on a proposed rule that
would address barriers to sustainable
housing opportunities for underserved
communities by codifying existing
FHFA practices in regulation and
adding new requirements related to fair
lending, fair housing, and Equitable
Housing Finance Plans. The proposed
rule would improve FHFA’s fulfillment
of its statutory purposes and its
oversight of the Federal National
Mortgage Association (Fannie Mae), the
Federal Home Loan Mortgage
Corporation (Freddie Mac), and the
Federal Home Loan Banks (Banks)
(Fannie Mae and Freddie Mac
collectively, the Enterprises; the
Enterprises and the Banks collectively,
regulated entities), and their fulfillment
of their statutory purposes.
DATES: Comments must be received on
or before June 26, 2023.
ADDRESSES: You may submit your
comments on the proposed rule,
identified by regulatory information
number (RIN) 2590–AB29, by any one of
the following methods:
• Agency Website: www.fhfa.gov/
open-for-comment-or-input.
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments. If
you submit your comment to the
Federal eRulemaking Portal, please also
send it by email to FHFA at
RegComments@fhfa.gov to ensure
timely receipt by FHFA. Include the
following information in the subject line
of your submission: Comments/RIN
2590–AB29.
• Hand Delivered/Courier: The hand
delivery address is: Clinton Jones,
SUMMARY:
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
25293
General Counsel, Attention: Comments/
RIN 2590–AB29, Federal Housing
Finance Agency, 400 Seventh Street
SW, Washington, DC 20219. Deliver the
package at the Seventh Street entrance
Guard Desk, First Floor, on business
days between 9 a.m. and 5 p.m.
• U.S. Mail, United Parcel Service,
Federal Express, or Other Mail Service:
The mailing address for comments is:
Clinton Jones, General Counsel,
Attention: Comments/RIN 2590–AB29,
Federal Housing Finance Agency, 400
Seventh Street SW, Washington, DC
20219. Please note that all mail sent to
FHFA via U.S. Mail is routed through a
national irradiation facility, a process
that may delay delivery by
approximately two weeks. For any timesensitive correspondence, please plan
accordingly.
FOR FURTHER INFORMATION CONTACT:
James Wylie, Associate Director, Office
of Fair Lending Oversight, (202) 649–
3209, James.Wylie@fhfa.gov; Leda
Bloomfield, Branch Chief for Policy and
Equity, Office of Fair Lending Oversight,
(202) 649–3415, Leda.Bloomfield@
fhfa.gov; Annalyce Shufelt, Branch
Chief for Fair Lending Law,
Supervision, and Enforcement, (202)
717–1164, Annalyce.Shufelt@FHFA.gov;
or Sarah Friedman, Examination
Specialist (Fair Lending), Office of Fair
Lending Oversight, (202) 807–9324,
Sarah.Friedman@FHFA.gov. These are
not toll-free numbers. For TTY/TRS
users with hearing and speech
disabilities, dial 711 and ask to be
connected to any of the contact numbers
above.
SUPPLEMENTARY INFORMATION:
Comments
FHFA invites comments on all aspects
of the proposed rule and will take all
comments into consideration before
issuing a final rule. Copies of all
comments will be posted without
change, and will include any personal
information you provide such as your
name, address, email address, and
telephone number, on the FHFA website
at https://www.fhfa.gov. In addition,
copies of all comments received will be
available for examination by the public
through the electronic rulemaking
docket for this proposed rule also
located on the FHFA website.
Table of Contents
I. Introduction
II. Background
A. FHFA, the Regulated Entities, and Their
Public Purposes
B. Barriers to Sustainable Housing
Opportunities
1. Disparities in Homeownership Rates and
Wealth
E:\FR\FM\26APP1.SGM
26APP1
]]>Agencies
[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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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:
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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).
---------------------------------------------------------------------------
\4\ NOP Program Handbook, NOP 2606 Instruction: Temporary
Variances. Available at: https://www.ams.usda.gov/sites/default/files/media/Program%20Handbk_TOC.pdf.
---------------------------------------------------------------------------
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
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
\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.
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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
