80_FR_13840 80 FR 13789 - Identifying and Reducing Regulatory Burdens

80 FR 13789 - Identifying and Reducing Regulatory Burdens

DEPARTMENT OF AGRICULTURE
Office of the Secretary

Federal Register Volume 80, Issue 51 (March 17, 2015)

Page Range13789-13791
FR Document2015-05742

In accordance with Executive Order 13563, ``Improving Regulation and Regulatory Review,'' and Executive Order 13610, ``Identifying and Reducing Regulatory Burdens,'' the U.S. Department of Agriculture (USDA) continues to review its existing regulations and information collections to evaluate the continued effectiveness in addressing the circumstances for which the regulations were implemented. USDA's Final Plan for Retrospective Analysis, released August 18, 2011, focused on actions needed to minimize the burdens on individuals, businesses, and communities attempting to access programs that promote economic growth, create jobs, and protect the health and safety of the American people. The plan identified initiatives estimated to realize significant savings in terms of money and burden- hours. As part of this ongoing review to maximize the cost- effectiveness of its regulatory programs, USDA invites public comment to assist in analyzing its existing significant regulations to determine whether any should be modified, streamlined, expanded, or repealed. The focus of this review is to identify areas where savings can be achieved through increased use of advanced information technology to transition from paper submissions to electronic submissions; streamlining or redesigning existing information collections to both reduce the reporting burden on the public for participation in and compliance with USDA programs; reducing duplication through increased data sharing and harmonization for programs with similar regulatory requirements; and providing increased regulatory flexibility to achieve desired program outcomes and maximize cost-effectiveness.

Federal Register, Volume 80 Issue 51 (Tuesday, March 17, 2015)
[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Proposed Rules]
[Pages 13789-13791]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-05742]


========================================================================
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. 80, No. 51 / Tuesday, March 17, 2015 / 
Proposed Rules

[[Page 13789]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Subtitle B, Chapter IV

5 CFR Chapter LXXIII

7 CFR Subtitle A; Subtitle B, Chapters I through XI, XIV through 
XVIII, XX, XXV through XXXVIII, XLI, and XLII

9 CFR Chapters I through III

36 CFR Chapter II

48 CFR Chapter 4


Identifying and Reducing Regulatory Burdens

AGENCY: Office of the Secretary, USDA.

ACTION: Request for Information (RFI).

-----------------------------------------------------------------------

SUMMARY: In accordance with Executive Order 13563, ``Improving 
Regulation and Regulatory Review,'' and Executive Order 13610, 
``Identifying and Reducing Regulatory Burdens,'' the U.S. Department of 
Agriculture (USDA) continues to review its existing regulations and 
information collections to evaluate the continued effectiveness in 
addressing the circumstances for which the regulations were 
implemented. USDA's Final Plan for Retrospective Analysis, released 
August 18, 2011, focused on actions needed to minimize the burdens on 
individuals, businesses, and communities attempting to access programs 
that promote economic growth, create jobs, and protect the health and 
safety of the American people. The plan identified initiatives 
estimated to realize significant savings in terms of money and burden-
hours. As part of this ongoing review to maximize the cost-
effectiveness of its regulatory programs, USDA invites public comment 
to assist in analyzing its existing significant regulations to 
determine whether any should be modified, streamlined, expanded, or 
repealed. The focus of this review is to identify areas where savings 
can be achieved through increased use of advanced information 
technology to transition from paper submissions to electronic 
submissions; streamlining or redesigning existing information 
collections to both reduce the reporting burden on the public for 
participation in and compliance with USDA programs; reducing 
duplication through increased data sharing and harmonization for 
programs with similar regulatory requirements; and providing increased 
regulatory flexibility to achieve desired program outcomes and maximize 
cost-effectiveness.

DATES: Comments and information are requested on or before May 18, 
2015.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice. All submissions must refer to ``Retrospective Review'' to 
ensure proper delivery.
     Electronic Submission of Comments. Interested persons may 
submit comments electronically through the Federal eRulemaking Portal: 
http://www.regulations.gov. USDA strongly encourages commenters to 
submit comments electronically. Electronic submission of comments 
allows the commenter maximum time to prepare and submit a comment, and 
ensures timely receipt by USDA. Commenters should follow the 
instructions provided on that site to submit comments electronically.
     Submission of Comments by Mail, Hand delivery, or Courier. 
Paper, disk, or CD-ROM submissions should be submitted to Michael Poe, 
Office of Budget and Program Analysis, USDA, Jamie L. Whitten Building, 
Room 101-A, 1400 Independence Ave. SW., Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: Michael Poe, Telephone Number: (202) 
720-3257.

SUPPLEMENTARY INFORMATION: USDA remains committed to minimizing the 
burdens on individuals businesses, and communities for participation in 
and compliance with USDA programs that promote economic growth, create 
jobs, and protect the health and safety of the American people.
    USDA programs are diverse and far reaching, as are the regulations 
and legislation that implement their delivery. The regulations range 
from nutrition standards for the school lunch program, natural 
resources and environmental measures governing national forest usage 
and soil conservation, emergency producer assistance as a result of 
natural disasters, to protection of American agriculture from the 
ravages of plant or animal pestilence. USDA regulations extend from 
farm to supermarket to ensure the safety, quality, and availability of 
the Nation's food supply. Regulations also specify how USDA conducts 
its business, including access to and eligibility for USDA programs. 
Finally, regulations specify the responsibilities of businesses, 
individuals, and State and local governments that are necessary to 
comply with their provisions.

I. Executive Orders 13563 and 13610

    Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' was issued to ensure that Federal regulations use the best 
available tools to promote innovation that will reduce costs and burden 
while allowing public participation and an open exchange of ideas. 
These principles will enhance and strengthen Federal regulations to 
allow them to achieve their regulatory objectives, most important among 
them protecting public health, welfare, safety, and the environment. In 
consideration of these principles, and as directed by the Executive 
Order, Federal agencies and departments need to periodically review 
existing regulations that may be outmoded, ineffective, insufficient, 
or excessively burdensome and to modify, streamline, expand, or repeal 
them in accordance with what has been learned.
    In addition, Executive Order 13610, ``Identifying and Reducing 
Regulatory Burdens,'' directed Federal agencies to conduct 
retrospective analyses of existing rules to examine whether they remain 
justified and whether they should be modified or streamlined in light 
of changed circumstances, including the availability of new 
technologies. Executive Order 13610 directs Federal agencies to give 
priority, consistent with law, to those initiatives that will produce 
significant quantifiable monetary savings or significant quantifiable 
reductions in paperwork burdens while protecting public health, 
welfare, safety, and the environment. For the regulatory requirements 
imposed on small businesses, it directs Federal agencies to give 
special consideration to initiatives

[[Page 13790]]

that would simplify or harmonize the regulatory requirements.
    As part of this retrospective review of regulations, USDA published 
an RFI on April 20, 2011 (76 FR 22058), and developed a final plan that 
focused on reducing costs and reporting requirements on the public. 
However, the overall intention of Executive Order 13563 was not to be a 
single exercise, but to create a continuing process of scrutiny of 
regulatory actions. Therefore, USDA is once again seeking public 
comment on how best to remove unintended regulatory obstacles to 
participation in and compliance with USDA programs and ways to improve 
the current regulations to help USDA agencies advance the USDA mission.

II. Request for Information

    All regulatory actions by all USDA agencies are open for comment. 
USDA is particularly interested in public comments that speak to areas 
in which we can reduce costs and reporting burdens on the public, 
through technological advances or other modernization efforts, and 
comments on regulatory flexibility.
    USDA's initial retrospective review under Executive Order 13563 
identified eight regulations, four of which have been implemented. An 
additional regulation from the Forest Service on revised National 
Environmental Policy Act implementing procedures was also identified 
and implemented. USDA also identified paperwork and burden reduction 
initiatives under Executive Order 13610. The following table highlights 
USDA's key accomplishments and on-going activities pursuant to its 
efforts to reduce regulatory burdens:

----------------------------------------------------------------------------------------------------------------
                 Agency                      Program or initiative                      Results
----------------------------------------------------------------------------------------------------------------
Food and Nutrition Service..............  Direct Certification for     In School Year 2013-14, 87 percent of all
                                           School Meals.                children in households participating in
                                                                        the Supplemental Nutrition Assistance
                                                                        Program (SNAP) were directly certified
                                                                        for free school meals without a paper
                                                                        application.
                                                                       In addition, more than 14,000 high-
                                                                        poverty schools serving over 6.4 million
                                                                        students now offer free breakfasts and
                                                                        lunches to all of their enrolled
                                                                        students using third-party direct
                                                                        certification information instead of
                                                                        paper applications. The new Community
                                                                        Eligibility Provision was phased-in over
                                                                        a 3-year period, starting in school year
                                                                        2011-12 in school districts across the
                                                                        country, including Florida, Georgia,
                                                                        Illinois, Kentucky, Maryland,
                                                                        Massachusetts, Michigan, New York, Ohio,
                                                                        Washington, DC, and West Virginia; the
                                                                        provision became available to eligible
                                                                        schools and districts nationwide
                                                                        beginning July 1, 2014.
                                                                       Will reduce the information collection
                                                                        burden by approximately 113,000 hours
                                                                        per year.
Forest Service..........................  National Environmental       Revised implementing procedures and
                                           Policy Act Implementing      established new categorical exclusions
                                           Procedures.                  to expedite landscape restoration
                                                                        activities on National Forests,
                                                                        Grasslands, and Prairies.
                                                                       Final rule published September 12, 2013.
Food Safety and Inspection Service......  Electronic Import            Will reduce the information collection
                                           Inspection and               burden on importers by approximately
                                           Certification of Imported    10,000 hours.
                                           Products and Foreign        Final rule published September 19, 2014.
                                           Establishments.
Food Safety and Inspection Service......  Electronic Export            Expected to reduce the information
                                           Application and              collection burden hours.
                                           Certification Fee.          Proposed rule published January 23, 2012;
                                                                        Final rulemaking underway.
Food Safety and Inspection Service......  Prior Labeling Approval      Will reduce the information collection
                                           System: Generic Label        burden on industry by approximately
                                           Approval.                    34,971 hours.
                                                                       Final rule published November 7, 2013.
Rural Development Rural Business Service  Rural Energy for America     Streamlined grant application process
                                           Program.                     reduced the information collection
                                                                        burden hours by approximately 20 to 50
                                                                        percent.
                                                                       Final rule published December 29, 2014.
Rural Development Rural Business Service  Business and Industry Loan   Will reduce the information collection
                                           Guarantee Programs.          burden by approximately 2,000 hours.
                                                                       Final rule published September 15, 2014.
Rural Development Rural Housing Service.  Community Facilities Loan    Will save the public approximately $4
                                           and Grants.                  million per year.
Farm Service Agency and Risk Management   Acreage Crop Reporting       Coordinating across the two agencies to
 Agency.                                   Streamlining Initiative.     improve, streamline, and eliminate or
                                                                        minimize duplicate information
                                                                        collection requirements.
Farm Service Agency.....................  Streamlined Farm Loan        Eliminated 17,898 responses and 6,271
                                           Programs Direct Loan         hours annually for information
                                           Making.                      collection burden, saving $162,607 for
                                                                        the respondents and $647,728 in Federal
                                                                        costs.
Agricultural Marketing Service..........  Export Certificate Forms...  Amending regulations to improve oversight
                                                                        and ensure compliance with regulations.
                                                                        Changes also include removing the
                                                                        requirement for carriers to retain
                                                                        copies of inspection certificates.
                                                                       Rulemaking is underway.
Agricultural Marketing Service..........  Inspection of Eggs; Import   The inspection and clearance process will
                                           Request for Shell Eggs.      be reduced by approximately 48 hours.
                                                                       Access to the Customs and Border
                                                                        Protection maintained Automated Customs
                                                                        Environment will allow enhanced
                                                                        communication of the status of the
                                                                        clearance process involving the Food and
                                                                        Drug Administration, Food Safety and
                                                                        Inspection Service, Animal and Plant
                                                                        Health Inspection Service, and
                                                                        Agricultural Marketing Service.
                                                                       Rulemaking is underway.

[[Page 13791]]

 
Natural Resources Conservation Service..  Conservation Delivery        CDSI Client Gateway (CG) is a secure web
                                           Streamlining Initiative      application that will enable NRCS
                                           (CDSI).                      clients to perform many functions online
                                                                        and view their data without having to
                                                                        travel to the USDA local service center.
                                                                        A client will be able to request
                                                                        technical assistance, view their
                                                                        conservation plans, apply for Farm Bill
                                                                        conservation program financial
                                                                        assistance, view their contract payments
                                                                        for certified contract items (practices
                                                                        in Farm Bill conservation program
                                                                        contracts) upload and download
                                                                        supporting documentation, and sign their
                                                                        plans, agreements, and contracts. CG
                                                                        will reduce approximately 110,000 hours
                                                                        of travel time for clients going to
                                                                        agency offices and reduce the
                                                                        information collection burden by
                                                                        approximately 40,000 hours.
Animal and Plant Health Inspection        Declaration Forms for        In cooperation with other Federal
 Service.                                  Imported Plant and Plant     entities, implemented initiatives to
                                           Products.                    reduce the burden on importers and is
                                                                        developing an electronic entry system
                                                                        and solicited public comments on
                                                                        regulatory options.
                                                                       Cost savings to industry estimated at
                                                                        $1.7 million to $5.7 million for the
                                                                        electronic entry system and cost savings
                                                                        to industry estimated at $7.2 million to
                                                                        $24 million for the de minimis exemption
                                                                        approximately and a reduction of
                                                                        approximately 120,000 hours in
                                                                        information collection burden.
                                                                       Rulemaking is underway.
Animal and Plant Health Inspection        Participation in the         Amending regulations to remove any
 Service.                                  International Trade Data     impediments to the full implementation
                                           System.                      of participation in the International
                                                                        Trade Data System via the Automated
                                                                        Commercial Environment.
Animal and Plant Health Inspection        Certification,               Creating a new electronic system to
 Service.                                  Accreditation,               consolidate and streamline agency
                                           Registration, Permits, and   certification, accreditation,
                                           Other Licenses.              registration permit, and license
                                                                        processes.
                                                                       Expects both savings in cost and
                                                                        information collection burden hours.
----------------------------------------------------------------------------------------------------------------

III. Regulatory Flexibility

    In addition to looking back at current regulations, USDA is also 
looking forward to how new regulations are implemented and how existing 
regulations can be improved. Regulatory flexibility includes a variety 
of regulatory techniques that can help avoid unnecessary costs on 
regulated entities and avoid negative impacts. Regulatory flexibility 
techniques could include:
     Pilot projects, which can be used test regulatory 
approaches;
     Safe harbors, which are streamlined modes of regulatory 
compliance and can serve to reduce compliance costs;
     Sunset provisions, which terminate a rule after a certain 
date;
     Trigger provisions, which specify one or more threshold 
indicators that the rule is designed to address;
     Phase-ins, which allow the rule to be phased-in for 
different groups at different times;
     Streamlined requirements, which provide exemptions or 
other streamlined requirements if a particular entity (for example, a 
small business) may otherwise experience disproportionate burden from a 
rule;
     State flexibilities, which provide greater flexibility to 
States or other regulatory partners, for example, giving them freedom 
to implement alternative regulatory approaches; and
     Exceptions, which allow exceptions to part or all of the 
rule in cases where there is a potential or suspected unintended 
consequence.

IV. Questions for Commenters

    In providing comments, the public is encouraged to respond to the 
below questions:
     What regulations or reporting requirements that have 
become outdated and, if so, how can they be modernized to accomplish 
the regulatory objectives better?
     Do agencies currently collect information that they do not 
need or use effectively to achieve regulatory objectives?
     Which regulations, reporting requirements, or regulatory 
submission or application processes are unnecessarily complicated or 
could be streamlined to achieve regulatory objectives in ways that are 
more efficient?
     Which regulations, submission and application processes, 
or reporting requirements have been overtaken by technological 
developments? Can new technologies be used to modify, streamline, or do 
away with existing regulatory or reporting requirements?
     Which regulations provide examples of how regulatory 
flexibility techniques have worked well? In general, who has benefitted 
from the regulatory flexibility? What types of regulatory flexibility 
have worked well?
     What regulations would be improved through the addition of 
regulatory flexibility techniques? How would regulatory flexibility 
lower costs and burden? How would regulatory flexibility improve 
benefits?
    This is a non-exhaustive list that is meant to assist in the 
formulation of comments and is not intended to limit the issues that 
commenters may choose to address. We welcome comments from the public 
on any of USDA's regulations and ways to improve them to help USDA 
agencies advance the mission of the Department consistent with the 
Executive Order. USDA notes that this RFI is issued solely for 
information and program-planning purposes. While responses to this RFI 
do not bind USDA to any further actions related to the response, all 
submissions will be made publicly available on http://www.regulations.gov.

Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2015-05742 Filed 3-16-15; 08:45 am]
 BILLING CODE 3410-90-P



                                                                                                                                                                                                  13789

                                                  Proposed Rules                                                                                                Federal Register
                                                                                                                                                                Vol. 80, No. 51

                                                                                                                                                                Tuesday, March 17, 2015



                                                  This section of the FEDERAL REGISTER                    can be achieved through increased use                 environmental measures governing
                                                  contains notices to the public of the proposed          of advanced information technology to                 national forest usage and soil
                                                  issuance of rules and regulations. The                  transition from paper submissions to                  conservation, emergency producer
                                                  purpose of these notices is to give interested          electronic submissions; streamlining or               assistance as a result of natural
                                                  persons an opportunity to participate in the            redesigning existing information                      disasters, to protection of American
                                                  rule making prior to the adoption of the final
                                                  rules.
                                                                                                          collections to both reduce the reporting              agriculture from the ravages of plant or
                                                                                                          burden on the public for participation in             animal pestilence. USDA regulations
                                                                                                          and compliance with USDA programs;                    extend from farm to supermarket to
                                                  DEPARTMENT OF AGRICULTURE                               reducing duplication through increased                ensure the safety, quality, and
                                                                                                          data sharing and harmonization for                    availability of the Nation’s food supply.
                                                  Office of the Secretary                                 programs with similar regulatory                      Regulations also specify how USDA
                                                                                                          requirements; and providing increased                 conducts its business, including access
                                                  2 CFR Subtitle B, Chapter IV                            regulatory flexibility to achieve desired             to and eligibility for USDA programs.
                                                                                                          program outcomes and maximize cost-                   Finally, regulations specify the
                                                  5 CFR Chapter LXXIII                                    effectiveness.                                        responsibilities of businesses,
                                                                                                          DATES:  Comments and information are                  individuals, and State and local
                                                  7 CFR Subtitle A; Subtitle B, Chapters                  requested on or before May 18, 2015.                  governments that are necessary to
                                                  I through XI, XIV through XVIII, XX, XXV                                                                      comply with their provisions.
                                                  through XXXVIII, XLI, and XLII                          ADDRESSES: Interested persons are
                                                                                                          invited to submit comments regarding                  I. Executive Orders 13563 and 13610
                                                  9 CFR Chapters I through III                            this notice. All submissions must refer                  Executive Order 13563, ‘‘Improving
                                                                                                          to ‘‘Retrospective Review’’ to ensure                 Regulation and Regulatory Review,’’
                                                  36 CFR Chapter II                                       proper delivery.                                      was issued to ensure that Federal
                                                                                                            • Electronic Submission of                          regulations use the best available tools
                                                  48 CFR Chapter 4                                        Comments. Interested persons may                      to promote innovation that will reduce
                                                                                                          submit comments electronically through                costs and burden while allowing public
                                                  Identifying and Reducing Regulatory                     the Federal eRulemaking Portal: http://               participation and an open exchange of
                                                  Burdens                                                 www.regulations.gov. USDA strongly                    ideas. These principles will enhance
                                                                                                          encourages commenters to submit                       and strengthen Federal regulations to
                                                  AGENCY:    Office of the Secretary, USDA.               comments electronically. Electronic
                                                  ACTION:   Request for Information (RFI).                                                                      allow them to achieve their regulatory
                                                                                                          submission of comments allows the                     objectives, most important among them
                                                  SUMMARY:   In accordance with Executive                 commenter maximum time to prepare                     protecting public health, welfare, safety,
                                                  Order 13563, ‘‘Improving Regulation                     and submit a comment, and ensures                     and the environment. In consideration
                                                  and Regulatory Review,’’ and Executive                  timely receipt by USDA. Commenters                    of these principles, and as directed by
                                                  Order 13610, ‘‘Identifying and Reducing                 should follow the instructions provided               the Executive Order, Federal agencies
                                                  Regulatory Burdens,’’ the U.S.                          on that site to submit comments                       and departments need to periodically
                                                  Department of Agriculture (USDA)                        electronically.                                       review existing regulations that may be
                                                  continues to review its existing                          • Submission of Comments by Mail,                   outmoded, ineffective, insufficient, or
                                                  regulations and information collections                 Hand delivery, or Courier. Paper, disk,               excessively burdensome and to modify,
                                                  to evaluate the continued effectiveness                 or CD–ROM submissions should be                       streamline, expand, or repeal them in
                                                  in addressing the circumstances for                     submitted to Michael Poe, Office of                   accordance with what has been learned.
                                                  which the regulations were                              Budget and Program Analysis, USDA,                       In addition, Executive Order 13610,
                                                  implemented. USDA’s Final Plan for                      Jamie L. Whitten Building, Room 101–                  ‘‘Identifying and Reducing Regulatory
                                                  Retrospective Analysis, released August                 A, 1400 Independence Ave. SW.,                        Burdens,’’ directed Federal agencies to
                                                  18, 2011, focused on actions needed to                  Washington, DC 20250.                                 conduct retrospective analyses of
                                                  minimize the burdens on individuals,                    FOR FURTHER INFORMATION CONTACT:                      existing rules to examine whether they
                                                  businesses, and communities attempting                  Michael Poe, Telephone Number: (202)                  remain justified and whether they
                                                  to access programs that promote                         720–3257.                                             should be modified or streamlined in
                                                  economic growth, create jobs, and                       SUPPLEMENTARY INFORMATION: USDA                       light of changed circumstances,
                                                  protect the health and safety of the                    remains committed to minimizing the                   including the availability of new
                                                  American people. The plan identified                    burdens on individuals businesses, and                technologies. Executive Order 13610
                                                  initiatives estimated to realize                        communities for participation in and                  directs Federal agencies to give priority,
                                                  significant savings in terms of money                   compliance with USDA programs that                    consistent with law, to those initiatives
                                                  and burden-hours. As part of this                       promote economic growth, create jobs,                 that will produce significant
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  ongoing review to maximize the cost-                    and protect the health and safety of the              quantifiable monetary savings or
                                                  effectiveness of its regulatory programs,               American people.                                      significant quantifiable reductions in
                                                  USDA invites public comment to assist                     USDA programs are diverse and far                   paperwork burdens while protecting
                                                  in analyzing its existing significant                   reaching, as are the regulations and                  public health, welfare, safety, and the
                                                  regulations to determine whether any                    legislation that implement their                      environment. For the regulatory
                                                  should be modified, streamlined,                        delivery. The regulations range from                  requirements imposed on small
                                                  expanded, or repealed. The focus of this                nutrition standards for the school lunch              businesses, it directs Federal agencies to
                                                  review is to identify areas where savings               program, natural resources and                        give special consideration to initiatives


                                             VerDate Sep<11>2014   15:22 Mar 16, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\17MRP1.SGM   17MRP1


                                                  13790                     Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Proposed Rules

                                                  that would simplify or harmonize the                       participation in and compliance with                      USDA’s initial retrospective review
                                                  regulatory requirements.                                   USDA programs and ways to improve                       under Executive Order 13563 identified
                                                    As part of this retrospective review of                  the current regulations to help USDA                    eight regulations, four of which have
                                                  regulations, USDA published an RFI on                      agencies advance the USDA mission.                      been implemented. An additional
                                                  April 20, 2011 (76 FR 22058), and                                                                                  regulation from the Forest Service on
                                                                                                             II. Request for Information
                                                  developed a final plan that focused on                                                                             revised National Environmental Policy
                                                  reducing costs and reporting                                  All regulatory actions by all USDA                   Act implementing procedures was also
                                                  requirements on the public. However,                       agencies are open for comment. USDA                     identified and implemented. USDA also
                                                  the overall intention of Executive Order                   is particularly interested in public                    identified paperwork and burden
                                                  13563 was not to be a single exercise,                     comments that speak to areas in which                   reduction initiatives under Executive
                                                  but to create a continuing process of                      we can reduce costs and reporting                       Order 13610. The following table
                                                  scrutiny of regulatory actions.                            burdens on the public, through                          highlights USDA’s key
                                                  Therefore, USDA is once again seeking                      technological advances or other                         accomplishments and on-going
                                                  public comment on how best to remove                       modernization efforts, and comments on                  activities pursuant to its efforts to
                                                  unintended regulatory obstacles to                         regulatory flexibility.                                 reduce regulatory burdens:

                                                             Agency                             Program or initiative                                                        Results

                                                  Food and Nutrition Serv-           Direct Certification for School Meals .....        In School Year 2013–14, 87 percent of all children in households partici-
                                                    ice.                                                                                  pating in the Supplemental Nutrition Assistance Program (SNAP) were
                                                                                                                                          directly certified for free school meals without a paper application.
                                                                                                                                        In addition, more than 14,000 high-poverty schools serving over 6.4 mil-
                                                                                                                                          lion students now offer free breakfasts and lunches to all of their en-
                                                                                                                                          rolled students using third-party direct certification information instead of
                                                                                                                                          paper applications. The new Community Eligibility Provision was
                                                                                                                                          phased-in over a 3-year period, starting in school year 2011–12 in
                                                                                                                                          school districts across the country, including Florida, Georgia, Illinois,
                                                                                                                                          Kentucky, Maryland, Massachusetts, Michigan, New York, Ohio, Wash-
                                                                                                                                          ington, DC, and West Virginia; the provision became available to eligible
                                                                                                                                          schools and districts nationwide beginning July 1, 2014.
                                                                                                                                        Will reduce the information collection burden by approximately 113,000
                                                                                                                                          hours per year.
                                                  Forest Service .................   National Environmental Policy Act Im-              Revised implementing procedures and established new categorical exclu-
                                                                                       plementing Procedures.                             sions to expedite landscape restoration activities on National Forests,
                                                                                                                                          Grasslands, and Prairies.
                                                                                                                                        Final rule published September 12, 2013.
                                                  Food Safety and Inspec-            Electronic Import Inspection and Certifi-          Will reduce the information collection burden on importers by approxi-
                                                    tion Service.                      cation of Imported Products and For-               mately 10,000 hours.
                                                                                       eign Establishments.                             Final rule published September 19, 2014.
                                                  Food Safety and Inspec-            Electronic Export Application and Cer-             Expected to reduce the information collection burden hours.
                                                    tion Service.                      tification Fee.                                  Proposed rule published January 23, 2012; Final rulemaking underway.
                                                  Food Safety and Inspec-            Prior Labeling Approval System: Ge-                Will reduce the information collection burden on industry by approximately
                                                    tion Service.                      neric Label Approval.                              34,971 hours.
                                                                                                                                        Final rule published November 7, 2013.
                                                  Rural Development Rural            Rural Energy for America Program .......           Streamlined grant application process reduced the information collection
                                                    Business Service.                                                                     burden hours by approximately 20 to 50 percent.
                                                                                                                                        Final rule published December 29, 2014.
                                                  Rural Development Rural            Business and Industry Loan Guarantee               Will reduce the information collection burden by approximately 2,000
                                                    Business Service.                  Programs.                                          hours.
                                                                                                                                        Final rule published September 15, 2014.
                                                  Rural Development Rural            Community Facilities Loan and Grants               Will save the public approximately $4 million per year.
                                                    Housing Service.
                                                  Farm Service Agency and            Acreage Crop Reporting Streamlining                Coordinating across the two agencies to improve, streamline, and elimi-
                                                    Risk Management                    Initiative.                                        nate or minimize duplicate information collection requirements.
                                                    Agency.
                                                  Farm Service Agency ......         Streamlined Farm Loan Programs Di-                 Eliminated 17,898 responses and 6,271 hours annually for information
                                                                                       rect Loan Making.                                   collection burden, saving $162,607 for the respondents and $647,728 in
                                                                                                                                           Federal costs.
                                                  Agricultural Marketing             Export Certificate Forms .......................   Amending regulations to improve oversight and ensure compliance with
                                                    Service.                                                                               regulations. Changes also include removing the requirement for carriers
                                                                                                                                           to retain copies of inspection certificates.
                                                                                                                                        Rulemaking is underway.
                                                  Agricultural Marketing             Inspection of Eggs; Import Request for             The inspection and clearance process will be reduced by approximately
                                                    Service.                           Shell Eggs.                                         48 hours.
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                                                                                                        Access to the Customs and Border Protection maintained Automated Cus-
                                                                                                                                           toms Environment will allow enhanced communication of the status of
                                                                                                                                           the clearance process involving the Food and Drug Administration,
                                                                                                                                           Food Safety and Inspection Service, Animal and Plant Health Inspection
                                                                                                                                           Service, and Agricultural Marketing Service.
                                                                                                                                        Rulemaking is underway.




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                                                                          Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / Proposed Rules                                                13791

                                                            Agency                            Program or initiative                                                      Results

                                                  Natural Resources Con-          Conservation Delivery Streamlining Ini-         CDSI Client Gateway (CG) is a secure web application that will enable
                                                    servation Service.              tiative (CDSI).                                 NRCS clients to perform many functions online and view their data with-
                                                                                                                                    out having to travel to the USDA local service center. A client will be
                                                                                                                                    able to request technical assistance, view their conservation plans,
                                                                                                                                    apply for Farm Bill conservation program financial assistance, view their
                                                                                                                                    contract payments for certified contract items (practices in Farm Bill
                                                                                                                                    conservation program contracts) upload and download supporting docu-
                                                                                                                                    mentation, and sign their plans, agreements, and contracts. CG will re-
                                                                                                                                    duce approximately 110,000 hours of travel time for clients going to
                                                                                                                                    agency offices and reduce the information collection burden by approxi-
                                                                                                                                    mately 40,000 hours.
                                                  Animal and Plant Health         Declaration Forms for Imported Plant            In cooperation with other Federal entities, implemented initiatives to re-
                                                    Inspection Service.             and Plant Products.                             duce the burden on importers and is developing an electronic entry sys-
                                                                                                                                    tem and solicited public comments on regulatory options.
                                                                                                                                  Cost savings to industry estimated at $1.7 million to $5.7 million for the
                                                                                                                                    electronic entry system and cost savings to industry estimated at $7.2
                                                                                                                                    million to $24 million for the de minimis exemption approximately and a
                                                                                                                                    reduction of approximately 120,000 hours in information collection bur-
                                                                                                                                    den.
                                                                                                                                  Rulemaking is underway.
                                                  Animal and Plant Health         Participation in the International Trade        Amending regulations to remove any impediments to the full implementa-
                                                    Inspection Service.             Data System.                                    tion of participation in the International Trade Data System via the Auto-
                                                                                                                                    mated Commercial Environment.
                                                  Animal and Plant Health         Certification, Accreditation, Registra-         Creating a new electronic system to consolidate and streamline agency
                                                    Inspection Service.             tion, Permits, and Other Licenses.              certification, accreditation, registration permit, and license processes.
                                                                                                                                  Expects both savings in cost and information collection burden hours.



                                                  III. Regulatory Flexibility                             IV. Questions for Commenters                          comments and is not intended to limit
                                                     In addition to looking back at current                  In providing comments, the public is               the issues that commenters may choose
                                                  regulations, USDA is also looking                       encouraged to respond to the below                    to address. We welcome comments from
                                                  forward to how new regulations are                      questions:                                            the public on any of USDA’s regulations
                                                  implemented and how existing                               • What regulations or reporting                    and ways to improve them to help
                                                  regulations can be improved. Regulatory                 requirements that have become outdated                USDA agencies advance the mission of
                                                  flexibility includes a variety of                       and, if so, how can they be modernized                the Department consistent with the
                                                  regulatory techniques that can help                     to accomplish the regulatory objectives               Executive Order. USDA notes that this
                                                  avoid unnecessary costs on regulated                    better?                                               RFI is issued solely for information and
                                                  entities and avoid negative impacts.                       • Do agencies currently collect                    program-planning purposes. While
                                                  Regulatory flexibility techniques could                 information that they do not need or use              responses to this RFI do not bind USDA
                                                  include:                                                effectively to achieve regulatory                     to any further actions related to the
                                                     • Pilot projects, which can be used                  objectives?                                           response, all submissions will be made
                                                  test regulatory approaches;                                • Which regulations, reporting                     publicly available on http://
                                                                                                          requirements, or regulatory submission                www.regulations.gov.
                                                     • Safe harbors, which are streamlined
                                                                                                          or application processes are
                                                  modes of regulatory compliance and can                                                                        Thomas J. Vilsack,
                                                                                                          unnecessarily complicated or could be
                                                  serve to reduce compliance costs;                                                                             Secretary of Agriculture.
                                                                                                          streamlined to achieve regulatory
                                                     • Sunset provisions, which terminate                                                                       [FR Doc. 2015–05742 Filed 3–16–15; 08:45 am]
                                                                                                          objectives in ways that are more
                                                  a rule after a certain date;
                                                                                                          efficient?                                            BILLING CODE 3410–90–P
                                                     • Trigger provisions, which specify                     • Which regulations, submission and
                                                  one or more threshold indicators that                   application processes, or reporting
                                                  the rule is designed to address;                        requirements have been overtaken by                   DEPARTMENT OF ENERGY
                                                     • Phase-ins, which allow the rule to                 technological developments? Can new
                                                  be phased-in for different groups at                    technologies be used to modify,                       10 CFR Part 430
                                                  different times;                                        streamline, or do away with existing
                                                     • Streamlined requirements, which                    regulatory or reporting requirements?
                                                                                                                                                                [Docket No. EERE–2011–BT–NOA–0013]
                                                  provide exemptions or other                                • Which regulations provide                        Energy Conservation Program: Data
                                                  streamlined requirements if a particular                examples of how regulatory flexibility                Collection and Comparison With
                                                  entity (for example, a small business)                  techniques have worked well? In                       Forecasted Unit Sales of Five Lamp
                                                  may otherwise experience                                general, who has benefitted from the                  Types
                                                  disproportionate burden from a rule;                    regulatory flexibility? What types of
                                                     • State flexibilities, which provide                 regulatory flexibility have worked well?              AGENCY: Office of Energy Efficiency and
rljohnson on DSK3VPTVN1PROD with PROPOSALS




                                                  greater flexibility to States or other                     • What regulations would be                        Renewable Energy, Department of
                                                  regulatory partners, for example, giving                improved through the addition of                      Energy.
                                                  them freedom to implement alternative                   regulatory flexibility techniques? How                ACTION: Notice of data availability.
                                                  regulatory approaches; and                              would regulatory flexibility lower costs
                                                     • Exceptions, which allow exceptions                 and burden? How would regulatory                      SUMMARY:    The U.S. Department of
                                                  to part or all of the rule in cases where               flexibility improve benefits?                         Energy (DOE) is informing the public of
                                                  there is a potential or suspected                          This is a non-exhaustive list that is              its collection of shipment data and
                                                  unintended consequence.                                 meant to assist in the formulation of                 creation of spreadsheet models to


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Document Created: 2015-12-18 12:01:52
Document Modified: 2015-12-18 12:01:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionRequest for Information (RFI).
DatesComments and information are requested on or before May 18, 2015.
ContactMichael Poe, Telephone Number: (202) 720-3257.
FR Citation80 FR 13789 
CFR Citation36
Title 36 CFR Chapter II
48
Title 48 CFR Chapter 4
5
Title 5 CFR Chapter LXXIII
9
Title 9 CFR Chapter I

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