80 FR 13789 - Identifying and Reducing Regulatory Burdens
DEPARTMENT OF AGRICULTURE
Office of the Secretary Federal Register Volume 80, Issue 51 (March 17, 2015)
Office of the Secretary
Federal Register Volume 80, Issue 51 (March 17, 2015)
| Page Range | 13789-13791 | |
| FR Document | 2015-05742 |
[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
![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
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Request for Information (RFI). | |
| Dates | Comments and information are requested on or before May 18, 2015. | |
| Contact | Michael Poe, Telephone Number: (202) 720-3257. | |
| FR Citation | 80 FR 13789 | |
| CFR Citation | 36 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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