81 FR 17133 - National Organic Program: Request for an Extension of a Currently Approved Information Collection

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 59 (March 28, 2016)

Page Range		17133-17134
FR Document		2016-06930

In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), this notice announces the Agricultural Marketing Service's (AMS) intention to request approval from the Office of Management and Budget, for an extension of the currently approved information collection National Organic Program (NOP) Reporting and Recordkeeping Requirements.

Federal Register, Volume 81 Issue 59 (Monday, March 28, 2016)

[Federal Register Volume 81, Number 59 (Monday, March 28, 2016)]
[Notices]
[Pages 17133-17134]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-06930]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

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Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / 
Notices

[[Page 17133]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-NOP-16-0010; NOP-15-15]


National Organic Program: Request for an Extension of a Currently 
Approved Information Collection

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995 (44 
U.S.C. Chapter 35), this notice announces the Agricultural Marketing 
Service's (AMS) intention to request approval from the Office of 
Management and Budget, for an extension of the currently approved 
information collection National Organic Program (NOP) Reporting and 
Recordkeeping Requirements.

DATES: Comments received by May 27, 2016 will be considered.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this notice. Comments must be sent to Stacy Jones King, 
Agricultural Marketing Specialist, National Organic Program, AMS/USDA, 
1400 Independence Ave. SW., Room 2642-S., Ag Stop 0268, Washington, DC 
20250-0268 or by Internet: http://www.regulations.gov. Written comments 
responding to this notice should be identified with the document number 
AMS-NOP-16-0010; NOP-15-15. It is USDA's intention to have all comments 
concerning this notice, including names and addresses when provided, 
regardless of submission procedure used, available for viewing on the 
Regulations.gov (http://www.regulations.gov) Internet site. Comments 
submitted in response to this notice will also be available for viewing 
in person at USDA-AMS, National Organic Program, Room 2642-South 
Building, 1400 Independence Ave. SW., Washington, DC, from 9 a.m. to 12 
noon and from 1:00 p.m. to 4 p.m., Monday through Friday (except 
official Federal holidays). Persons wanting to visit the USDA South 
Building to view comments received in response to this notice are 
requested to make an appointment in advance by calling (202) 720-3252.

FOR FURTHER INFORMATION CONTACT: Paul I. Lewis, Ph.D., Director, 
Standards Division, National Organic Program, USDA-AMS, 1400 
Independence Ave. SW., Room 2642-So., Ag Stop 0268, Washington, DC 
20250, Telephone: (202) 720-3252, Fax: (202) 205-7808.

SUPPLEMENTARY INFORMATION: 
    Title: National Organic Program.
    OMB Number: 0581-0191.
    Expiration Date of Approval: December 31, 2016.
    Type of Request: Extension of a currently approved information 
collection.
    Abstract: The Organic Foods Production Act of 1990 (OFPA) as 
amended (7 U.S.C. 6501-6522) mandates that the Secretary develop the 
NOP to accredit eligible State program's governing State officials or 
private persons as certifying agents who would certify producers or 
handlers of agricultural products that have been produced using organic 
methods as provided for in OFPA. The USDA organic regulation (7 CFR 
part 205): (1) Established national standards governing the marketing 
of certain agricultural products as organically produced products; (2) 
assures consumers that organically produced products meet a consistent 
standard; and (3) facilitates interstate commerce in fresh and 
processed food that is organically produced.
    Reporting and recordkeeping are essential to the integrity of the 
organic certification system. They create a paper trail that is a 
critical element in carrying out the mandate of OFPA and NOP. They 
serve the AMS mission, program objectives, and management needs by 
providing information on the efficiency and effectiveness of the 
program. The information affects decisions because it is the basis for 
evaluating compliance with OFPA and NOP, for administering the program, 
for management decisions and planning, and for establishing the cost of 
the program. It supports administrative and regulatory actions in 
response to noncompliance with OFPA and NOP.
    In general, the information collected is used by USDA, State 
program governing State officials, and certifying agents. It is created 
and submitted by State and foreign program officials, accredited 
certifying agents, organic inspectors, certified organic producers and 
handlers, those seeking accreditation or certification, and parties 
interested in changing the National List of Allowed and Prohibited 
Substances at sections 205.600 through 205.607. Additionally, it causes 
most of these entities to have procedures and space for recordkeeping.
    USDA. USDA is the accrediting authority. USDA accredits domestic 
and foreign certifying agents who certify domestic and foreign organic 
producers and handlers, using information from the agents documenting 
their business operations and program expertise. USDA also permits 
States to establish their own state organic programs after the programs 
are approved by the Secretary, using information from the States 
documenting their ability to operate such programs and showing that 
such programs meet the requirements of OFPA and NOP.
    States. States may operate their own organic programs. State 
officials obtain the Secretary's approval of their programs by 
submitting information to USDA documenting their ability to operate 
such programs and showing that such programs meet the requirements of 
OFPA and NOP. The Secretary, or delegated representative, will review a 
State organic program not less than once during each 5-year period 
following the date of the initial program approval. To date, one State 
organic program is approved by USDA.
    Certifying agents. Certifying agents are State, private, or foreign 
entities who are accredited by USDA to certify domestic and foreign 
producers and handlers as organic in accordance with OFPA and NOP. Each 
entity wanting to be an agent seeks accreditation from USDA by 
submitting information documenting its business operations and program 
expertise. Accredited certifying agents determine if a producer or 
handler meets organic requirements, using detailed information from the 
operation documenting its specific practices and on-site inspection 
reports from organic

[[Page 17134]]

inspectors. Currently, there are 79 certifying agents accredited under 
NOP.
    Administrative costs for reporting, disclosure of information, and 
recordkeeping vary among certifying agents. Factors affecting costs 
include the number and size of clients, the categories of certification 
provided, and the type of systems maintained.
    When an entity applies for accreditation as a certifying agent, it 
must provide a copy of its procedures for complying with recordkeeping 
requirements (Sec.  205.504(b)(3)). Once accredited, agents have to 
make their records available for inspection and copying by authorized 
representatives of the Secretary (Sec.  205.501(a)(9)). USDA charges 
certifying agents for the time required to do these document reviews. 
Audits require less time when the documents are well organized and 
centrally located.
    Recordkeeping requirements for certifying agents are divided into 
three categories of records with varying retention periods: (1) Records 
created by certifying agents regarding applicants for certification and 
certified operations, maintain 10-years, consistent with OFPA's 
requirement for maintaining all records concerning activities of 
certifying agents; (2) records obtained from applicants for 
certification and certified operations, maintain 5-years, the same as 
OFPA's requirement for the retention of records by certified 
operations; and (3) records created or received by certifying agents 
regarding accreditation, maintain 5-years, consistent with OFPA's 
requirement for renewal of agent's accreditation (Sec.  205.510(b)).
    Organic inspectors. Inspectors, on behalf of certifying agents, 
conduct on-site inspections of certified operations and operations 
applying for certification. They report the findings from their 
inspection to the certifying agent. Inspectors are the agents 
themselves, employees of the agents, or individual contractors. We 
estimate that about half are certifying agents or their employees and 
half are individual contractors. Individuals who apply for positions as 
inspectors submit to the agents information documenting their 
qualifications to conduct such inspections. According to International 
Organic Inspectors Association (IOIA), there are at least 250 
inspectors currently providing services.\1\
---------------------------------------------------------------------------

    \1\ Not all inspectors are members of IOIA.
---------------------------------------------------------------------------

    Producers and handlers. Producers and handlers, domestic and 
foreign, apply to certifying agents for organic certification, submit 
detailed information documenting their specific practices, provide 
annual updates to continue their certification, and report changes in 
their practices. Producers include farmers, livestock and poultry 
producers, and wild crop harvesters. Handlers include those who 
transport or transform food and include millers, bulk distributors, 
food manufacturers, processors, or packers. Some handlers are part of a 
retail operation that processes organic products in a location other 
than the premises of the retail outlet. Based upon AMS NOP's 2015 List 
of certified organic operations, there are approximately 31,000 
certified operations globally.\2\ Based on past growth of the industry, 
AMS estimates the addition of 1,900 new certified organic operations a 
year. In addition, AMS estimates that there are 7,650 producers exempt 
from certification, but who must still maintain records pursuant to 
section 205.101(c).
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    \2\ AMS NOP 2012 List of certified organic operations. Available 
at: http://apps.ams.usda.gov/nop/.
---------------------------------------------------------------------------

    Administrative costs for reporting and recordkeeping vary among 
certified operators. Factors affecting costs include the type and size 
of operation, and the type of systems maintained.
    AMS believes that operations using product labels containing the 
term ``organic'' handle an average of 20 labels annually. Based upon 
AMS NOP's 2015 List of certified organic operations, there are over 
13,100 certified organic handlers. For each certified handler, AMS 
estimates that the average annual burden to develop product labels with 
organic claims is one hour per product label times 20 product labels 
per handler. The annual burden will be lower for smaller operations and 
higher for large operations that produce a significant volume of 
organic processed product.
    Interested parties. Any interested party may petition the National 
Organic Standards Board (NOSB) for the purpose of having a substance 
evaluated for recommendation to the Secretary for inclusion on or 
deletion from the National List. Based on the number of petitions 
received in the past, AMS estimates 25 parties petitioning the NOSB to 
amend the National List in a given year. The annual burden for each 
interested party to prepare a complete petition is an average of 30 
hours.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 4.79 hours per response.
    Respondents: Producers, handlers, certifying agents, inspectors and 
State, Local or Tribal governments and interested parties.
    Estimated Number of Respondents: 31,329.
    Estimated Number of Responses: 1,007,189.
    Estimated Number of Responses per Respondent: 32.15.
    Estimated Total Annual Burden on Respondents: 4,826,189.
    Comments are invited on: (1) Whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    All responses to this notice will be summarized and included in the 
request for OMB approval. All comments will become a matter of public 
record.

    Authority:  7 U.S.C. 6501-6522.

    Dated: March 22, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-06930 Filed 3-25-16; 8:45 am]
 BILLING CODE 3410-02-P

17133

Notices Federal Register
Vol. 81, No. 59

Monday, March 28, 2016

This section of the FEDERAL REGISTER Building, 1400 Independence Ave. SW., response to noncompliance with OFPA
contains documents other than rules or Washington, DC, from 9 a.m. to 12 noon and NOP.
proposed rules that are applicable to the and from 1:00 p.m. to 4 p.m., Monday In general, the information collected
public. Notices of hearings and investigations, through Friday (except official Federal
committee meetings, agency decisions and is used by USDA, State program
holidays). Persons wanting to visit the governing State officials, and certifying
rulings, delegations of authority, filing of
petitions and applications and agency
USDA South Building to view agents. It is created and submitted by
statements of organization and functions are comments received in response to this State and foreign program officials,
examples of documents appearing in this notice are requested to make an accredited certifying agents, organic
section. appointment in advance by calling (202) inspectors, certified organic producers
720–3252. and handlers, those seeking
FOR FURTHER INFORMATION CONTACT: Paul accreditation or certification, and
DEPARTMENT OF AGRICULTURE I. Lewis, Ph.D., Director, Standards parties interested in changing the
Division, National Organic Program, National List of Allowed and Prohibited
Agricultural Marketing Service USDA–AMS, 1400 Independence Ave. Substances at sections 205.600 through
[Doc. No. AMS–NOP–16–0010; NOP–15–15] SW., Room 2642-So., Ag Stop 0268, 205.607. Additionally, it causes most of
Washington, DC 20250, Telephone: these entities to have procedures and
National Organic Program: Request for (202) 720–3252, Fax: (202) 205–7808. space for recordkeeping.
an Extension of a Currently Approved SUPPLEMENTARY INFORMATION: USDA. USDA is the accrediting
Information Collection Title: National Organic Program. authority. USDA accredits domestic and
AGENCY: Agricultural Marketing Service, OMB Number: 0581–0191. foreign certifying agents who certify
USDA. Expiration Date of Approval: domestic and foreign organic producers
December 31, 2016. and handlers, using information from
ACTION: Notice and request for Type of Request: Extension of a
comments. the agents documenting their business
currently approved information operations and program expertise.
SUMMARY: In accordance with the collection. USDA also permits States to establish
Paperwork Reduction Act of 1995 (44 Abstract: The Organic Foods their own state organic programs after
U.S.C. Chapter 35), this notice Production Act of 1990 (OFPA) as the programs are approved by the
announces the Agricultural Marketing amended (7 U.S.C. 6501–6522) Secretary, using information from the
Service’s (AMS) intention to request mandates that the Secretary develop the States documenting their ability to
approval from the Office of Management NOP to accredit eligible State program’s operate such programs and showing that
and Budget, for an extension of the governing State officials or private such programs meet the requirements of
currently approved information persons as certifying agents who would OFPA and NOP.
collection National Organic Program certify producers or handlers of
agricultural products that have been States. States may operate their own
(NOP) Reporting and Recordkeeping organic programs. State officials obtain
Requirements. produced using organic methods as
provided for in OFPA. The USDA the Secretary’s approval of their
DATES: Comments received by May 27, organic regulation (7 CFR part 205): (1) programs by submitting information to
2016 will be considered. Established national standards USDA documenting their ability to
ADDRESSES: Interested persons are governing the marketing of certain operate such programs and showing that
invited to submit written comments agricultural products as organically such programs meet the requirements of
concerning this notice. Comments must produced products; (2) assures OFPA and NOP. The Secretary, or
be sent to Stacy Jones King, Agricultural consumers that organically produced delegated representative, will review a
Marketing Specialist, National Organic products meet a consistent standard; State organic program not less than once
Program, AMS/USDA, 1400 and (3) facilitates interstate commerce during each 5-year period following the
Independence Ave. SW., Room 2642–S., in fresh and processed food that is date of the initial program approval. To
Ag Stop 0268, Washington, DC 20250– organically produced. date, one State organic program is
0268 or by Internet: http:// Reporting and recordkeeping are approved by USDA.
www.regulations.gov. Written comments essential to the integrity of the organic Certifying agents. Certifying agents are
responding to this notice should be certification system. They create a paper State, private, or foreign entities who are
identified with the document number trail that is a critical element in carrying accredited by USDA to certify domestic
AMS–NOP–16–0010; NOP–15–15. It is out the mandate of OFPA and NOP. and foreign producers and handlers as
USDA’s intention to have all comments They serve the AMS mission, program organic in accordance with OFPA and
concerning this notice, including names objectives, and management needs by NOP. Each entity wanting to be an agent
and addresses when provided, providing information on the efficiency seeks accreditation from USDA by
regardless of submission procedure and effectiveness of the program. The submitting information documenting its
Lhorne on DSK5TPTVN1PROD with NOTICES

used, available for viewing on the information affects decisions because it business operations and program
Regulations.gov (http:// is the basis for evaluating compliance expertise. Accredited certifying agents
www.regulations.gov) Internet site. with OFPA and NOP, for administering determine if a producer or handler
Comments submitted in response to this the program, for management decisions meets organic requirements, using
notice will also be available for viewing and planning, and for establishing the detailed information from the operation
in person at USDA–AMS, National cost of the program. It supports documenting its specific practices and
Organic Program, Room 2642-South administrative and regulatory actions in on-site inspection reports from organic

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17134 Federal Register / Vol. 81, No. 59 / Monday, March 28, 2016 / Notices

inspectors. Currently, there are 79 practices, provide annual updates to Estimated Number of Respondents:
certifying agents accredited under NOP. continue their certification, and report 31,329.
Administrative costs for reporting, changes in their practices. Producers Estimated Number of Responses:
disclosure of information, and include farmers, livestock and poultry 1,007,189.
recordkeeping vary among certifying producers, and wild crop harvesters. Estimated Number of Responses per
agents. Factors affecting costs include Handlers include those who transport or Respondent: 32.15.
the number and size of clients, the transform food and include millers, bulk Estimated Total Annual Burden on
categories of certification provided, and distributors, food manufacturers, Respondents: 4,826,189.
the type of systems maintained. processors, or packers. Some handlers Comments are invited on: (1) Whether
When an entity applies for are part of a retail operation that the proposed collection of information
accreditation as a certifying agent, it processes organic products in a location is necessary for the proper performance
must provide a copy of its procedures other than the premises of the retail of the functions of the agency, including
for complying with recordkeeping outlet. Based upon AMS NOP’s 2015 whether the information will have
requirements (§ 205.504(b)(3)). Once List of certified organic operations, there practical utility; (2) the accuracy of the
accredited, agents have to make their are approximately 31,000 certified agency’s estimate of the burden of the
records available for inspection and operations globally.2 Based on past proposed collection of information
copying by authorized representatives of growth of the industry, AMS estimates including the validity of the
the Secretary (§ 205.501(a)(9)). USDA methodology and assumptions used; (3)
the addition of 1,900 new certified
charges certifying agents for the time ways to enhance the quality, utility, and
organic operations a year. In addition,
required to do these document reviews. clarity of the information to be
AMS estimates that there are 7,650
Audits require less time when the collected; and (4) ways to minimize the
producers exempt from certification, but
documents are well organized and burden of the collection of information
who must still maintain records
centrally located. on those who are to respond, including
pursuant to section 205.101(c).
Recordkeeping requirements for Administrative costs for reporting and the use of appropriate automated,
certifying agents are divided into three recordkeeping vary among certified electronic, mechanical, or other
categories of records with varying operators. Factors affecting costs technological collection techniques or
retention periods: (1) Records created by include the type and size of operation, other forms of information technology.
certifying agents regarding applicants All responses to this notice will be
and the type of systems maintained.
for certification and certified operations, AMS believes that operations using summarized and included in the request
maintain 10-years, consistent with product labels containing the term for OMB approval. All comments will
OFPA’s requirement for maintaining all ‘‘organic’’ handle an average of 20 labels become a matter of public record.
records concerning activities of annually. Based upon AMS NOP’s 2015 Authority: 7 U.S.C. 6501–6522.
certifying agents; (2) records obtained List of certified organic operations, there Dated: March 22, 2016.
from applicants for certification and are over 13,100 certified organic
certified operations, maintain 5-years, Elanor Starmer,
handlers. For each certified handler, Administrator, Agricultural Marketing
the same as OFPA’s requirement for the AMS estimates that the average annual
retention of records by certified Service.
burden to develop product labels with [FR Doc. 2016–06930 Filed 3–25–16; 8:45 am]
operations; and (3) records created or organic claims is one hour per product
received by certifying agents regarding label times 20 product labels per
BILLING CODE 3410–02–P
accreditation, maintain 5-years, handler. The annual burden will be
consistent with OFPA’s requirement for lower for smaller operations and higher
renewal of agent’s accreditation DEPARTMENT OF AGRICULTURE
for large operations that produce a
(§ 205.510(b)). significant volume of organic processed Food and Nutrition Service
Organic inspectors. Inspectors, on
product.
behalf of certifying agents, conduct on- Submission for OMB Review;
Interested parties. Any interested
site inspections of certified operations Comment Request
party may petition the National Organic
and operations applying for
Standards Board (NOSB) for the purpose March 22, 2016.
certification. They report the findings
of having a substance evaluated for The Department of Agriculture has
from their inspection to the certifying
recommendation to the Secretary for submitted the following information
agent. Inspectors are the agents
inclusion on or deletion from the collection requirement(s) to OMB for
themselves, employees of the agents, or
National List. Based on the number of review and clearance under the
individual contractors. We estimate that
petitions received in the past, AMS Paperwork Reduction Act of 1995,
about half are certifying agents or their
estimates 25 parties petitioning the Public Law 104–13. Comments are
employees and half are individual
NOSB to amend the National List in a requested regarding (1) whether the
contractors. Individuals who apply for
given year. The annual burden for each collection of information is necessary
positions as inspectors submit to the
interested party to prepare a complete for the proper performance of the
agents information documenting their
petition is an average of 30 hours. functions of the agency, including
qualifications to conduct such Estimate of Burden: Public reporting
inspections. According to International whether the information will have
burden for this collection of information
Organic Inspectors Association (IOIA), practical utility; (2) the accuracy of the
is estimated to average 4.79 hours per
there are at least 250 inspectors agency’s estimate of burden including
response.
currently providing services.1 Respondents: Producers, handlers, the validity of the methodology and
Lhorne on DSK5TPTVN1PROD with NOTICES

Producers and handlers. Producers certifying agents, inspectors and State, assumptions used; (3) ways to enhance
and handlers, domestic and foreign, Local or Tribal governments and the quality, utility and clarity of the
apply to certifying agents for organic interested parties. information to be collected; and (4)
certification, submit detailed ways to minimize the burden of the
information documenting their specific 2 AMS NOP 2012 List of certified organic collection of information on those who
operations. Available at: http://apps.ams.usda.gov/ are to respond, including through the
1 Not all inspectors are members of IOIA. nop/. use of appropriate automated,

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Document Created: 2016-03-26 00:13:30
Document Modified: 2016-03-26 00:13:30

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		Notices
Action		Notice and request for comments.
Dates		Comments received by May 27, 2016 will be considered.
Contact		Paul I. Lewis, Ph.D., Director, Standards Division, National Organic Program, USDA-AMS, 1400 Independence Ave. SW., Room 2642-So., Ag Stop 0268, Washington, DC 20250, Telephone: (202) 720-3252, Fax: (202) 205-7808.
FR Citation		81 FR 17133

81 FR 17133 - National Organic Program: Request for an Extension of a Currently Approved Information Collection

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

Federal Register Volume 81, Issue 59 (March 28, 2016)

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service