81_FR_4229 81 FR 4213 - Identifying and Reducing Regulatory Burdens

81 FR 4213 - Identifying and Reducing Regulatory Burdens

DEPARTMENT OF AGRICULTURE
Office of the Secretary

Federal Register Volume 81, Issue 16 (January 26, 2016)

Page Range4213-4214
FR Document2016-00693

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) is continuing to review its regulatory programs and evaluate their burdens and their effectiveness. As part of this effort, USDA welcomes public comment on which regulations should be modified, expanded, streamlined, or repealed to make the USDA's regulatory program more effective or less burdensome in achieving the regulatory objectives. The 2015 Fall Regulatory Agenda provides a summary of the USDA regulations under development or review during the coming year. Similarly, USDA's 2015 Statement of Regulatory Priorities provides a list of important regulatory actions that USDA is considering for issuance in proposed or final form during the 2016 fiscal year.

Federal Register, Volume 81 Issue 16 (Tuesday, January 26, 2016)
[Federal Register Volume 81, Number 16 (Tuesday, January 26, 2016)]
[Proposed Rules]
[Pages 4213-4214]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00693]


========================================================================
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. 81, No. 16 / Tuesday, January 26, 2016 / 
Proposed Rules

[[Page 4213]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Subtitle B, Ch. IV

5 CFR Ch. LXXIII

7 CFR Subtitle A; Subtitle B, Chs. I-XI, XIV-XVIII, XX, XXV-
XXXVIII, XLII

9 CFR Chs. I-III

36 CFR Ch. II

48 CFR Ch. 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) is continuing to review its regulatory programs and 
evaluate their burdens and their effectiveness. As part of this effort, 
USDA welcomes public comment on which regulations should be modified, 
expanded, streamlined, or repealed to make the USDA's regulatory 
program more effective or less burdensome in achieving the regulatory 
objectives. The 2015 Fall Regulatory Agenda provides a summary of the 
USDA regulations under development or review during the coming year. 
Similarly, USDA's 2015 Statement of Regulatory Priorities provides a 
list of important regulatory actions that USDA is considering for 
issuance in proposed or final form during the 2016 fiscal year.

DATES: Comments and information are requested on or before March 28, 
2016.

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's 
planned regulatory actions and retrospective review efforts were made 
available in the 2015 Fall Unified Regulatory Agenda (http://www.reginfo.gov/public/do/eAgendaMain?operation=OPERATION_GET_AGENCY_RULE_LIST¤tPub=true&agencyCode=&showStage=active&agencyCd=0500) and the USDA Statement of 
Regulatory Priorities (http://www.reginfo.gov/public/jsp/eAgenda/StaticContent/201510/Statement_0500.html).
    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

    The overall intention of Executive Orders 13563 and 13610 is to 
create a continuing process of scrutiny of regulatory actions.
    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 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 that would simplify or harmonize 
the regulatory requirements.

II. Request for Information

    USDA is seeking public comment on our effort: To identify and 
reduce regulatory burdens; to remove unintended regulatory obstacles to

[[Page 4214]]

participation in and compliance with USDA programs; and to improve 
current regulations to help USDA agencies advance the USDA mission. 
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.

III. Regulatory Flexibility

    USDA is also seeking public input on measures that can be taken to 
reduce burdens and increase flexibility and freedom of choice for the 
public. 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 to 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 of the rule, or 
the entire rule in cases where there is a potential or suspected 
unintended consequence.

IV. Existing USDA Regulations

    In addition to retrospective review actions and other regulatory 
reforms identified in USDA's 2015 Fall Regulatory Agenda, we welcome 
comments from the public on any of USDA's existing 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, 
all submissions will be reviewed by the appropriate program office, and 
made publicly available on http://www.regulations.gov.

    Dated: January 7, 2016.
Thomas J. Vilsack,
Secretary.
[FR Doc. 2016-00693 Filed 1-25-16; 8:45 am]
 BILLING CODE 3410-90-P



                                                                                                                                                                                                       4213

                                                    Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                   Vol. 81, No. 16

                                                                                                                                                                   Tuesday, January 26, 2016



                                                    This section of the FEDERAL REGISTER                      • Electronic Submission of                           conducts its business, including access
                                                    contains notices to the public of the proposed          Comments. Interested persons may                       to and eligibility for USDA programs.
                                                    issuance of rules and regulations. The                  submit comments electronically through                 Finally, regulations specify the
                                                    purpose of these notices is to give interested          the Federal eRulemaking Portal: http://                responsibilities of businesses,
                                                    persons an opportunity to participate in the            www.regulations.gov. USDA strongly                     individuals, and State and local
                                                    rule making prior to the adoption of the final
                                                                                                            encourages commenters to submit                        governments that are necessary to
                                                    rules.
                                                                                                            comments electronically. Electronic                    comply with their provisions.
                                                                                                            submission of comments allows the
                                                                                                                                                                   I. Executive Orders 13563 and 13610
                                                    DEPARTMENT OF AGRICULTURE                               commenter maximum time to prepare
                                                                                                            and submit a comment, and ensures                         The overall intention of Executive
                                                    Office of the Secretary                                 timely receipt by USDA. Commenters                     Orders 13563 and 13610 is to create a
                                                                                                            should follow the instructions provided                continuing process of scrutiny of
                                                    2 CFR Subtitle B, Ch. IV                                on that site to submit comments                        regulatory actions.
                                                                                                            electronically.                                           Executive Order 13563, ‘‘Improving
                                                    5 CFR Ch. LXXIII                                          • Submission of Comments by Mail,                    Regulation and Regulatory Review,’’
                                                                                                            Hand delivery, or Courier. Paper, disk,                was issued to ensure that Federal
                                                    7 CFR Subtitle A; Subtitle B, Chs. I–XI,                or CD–ROM submissions should be                        regulations use the best available tools
                                                    XIV–XVIII, XX, XXV–XXXVIII, XLII                        submitted to Michael Poe, Office of                    to promote innovation that will reduce
                                                                                                            Budget and Program Analysis, USDA,                     costs and burden while allowing public
                                                    9 CFR Chs. I–III                                        Jamie L. Whitten Building, Room 101–                   participation and an open exchange of
                                                                                                            A, 1400 Independence Ave. SW.,                         ideas. These principles enhance and
                                                                                                            Washington, DC 20250.                                  strengthen Federal regulations to allow
                                                    36 CFR Ch. II
                                                                                                            FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                   them to achieve their regulatory
                                                                                                            Michael Poe, Telephone Number: (202)                   objectives, most important among them
                                                    48 CFR Ch. 4
                                                                                                            720–3257.                                              protecting public health, welfare, safety,
                                                    Identifying and Reducing Regulatory                                                                            and the environment. In consideration
                                                                                                            SUPPLEMENTARY INFORMATION: USDA
                                                    Burdens                                                                                                        of these principles, and as directed by
                                                                                                            remains committed to minimizing the                    the Executive Order, Federal agencies
                                                    AGENCY:  Office of the Secretary, USDA.                 burdens on individuals businesses, and                 and departments need to periodically
                                                                                                            communities for participation in and                   review existing regulations that may be
                                                    ACTION: Request for Information (RFI).                  compliance with USDA programs that                     outmoded, ineffective, insufficient, or
                                                    SUMMARY:    In accordance with Executive                promote economic growth, create jobs,                  excessively burdensome and to modify,
                                                    Order 13563, ‘‘Improving Regulation                     and protect the health and safety of the               streamline, expand, or repeal them in
                                                    and Regulatory Review,’’ and Executive                  American people. USDA’s planned                        accordance with what has been learned.
                                                    Order 13610, ‘‘Identifying and Reducing                 regulatory actions and retrospective                      In addition, Executive Order 13610,
                                                    Regulatory Burdens,’’ the U.S.                          review efforts were made available in                  ‘‘Identifying and Reducing Regulatory
                                                    Department of Agriculture (USDA) is                     the 2015 Fall Unified Regulatory                       Burdens,’’ directed Federal agencies to
                                                    continuing to review its regulatory                     Agenda (http://www.reginfo.gov/public/                 conduct retrospective analyses of
                                                    programs and evaluate their burdens                     do/eAgendaMain?operation=                              existing rules to examine whether they
                                                    and their effectiveness. As part of this                OPERATION_GET_AGENCY_RULE_                             remain justified and whether they
                                                    effort, USDA welcomes public comment                    LIST&currentPub=true&agencyCode=                       should be modified or streamlined in
                                                    on which regulations should be                          &showStage=active&agencyCd=0500)                       light of changed circumstances,
                                                    modified, expanded, streamlined, or                     and the USDA Statement of Regulatory                   including the availability of new
                                                    repealed to make the USDA’s regulatory                  Priorities (http://www.reginfo.gov/                    technologies. Executive Order 13610
                                                    program more effective or less                          public/jsp/eAgenda/StaticContent/                      directs Federal agencies to give priority,
                                                    burdensome in achieving the regulatory                  201510/Statement_0500.html).                           consistent with law, to those initiatives
                                                                                                              USDA programs are diverse and far                    that will produce significant
                                                    objectives. The 2015 Fall Regulatory
                                                                                                            reaching, as are the regulations and                   quantifiable monetary savings or
                                                    Agenda provides a summary of the
                                                                                                            legislation that implement their                       significant quantifiable reductions in
                                                    USDA regulations under development
                                                                                                            delivery. The regulations range from                   paperwork burdens while protecting
                                                    or review during the coming year.
                                                                                                            nutrition standards for the school lunch               public health, welfare, safety, and the
                                                    Similarly, USDA’s 2015 Statement of
                                                                                                            program, natural resources and                         environment. For the regulatory
                                                    Regulatory Priorities provides a list of
                                                                                                            environmental measures governing                       requirements imposed on small
                                                    important regulatory actions that USDA
                                                                                                            national forest usage and soil                         businesses, it directs Federal agencies to
                                                    is considering for issuance in proposed
                                                                                                            conservation, emergency producer
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                                                    or final form during the 2016 fiscal year.                                                                     give special consideration to initiatives
                                                                                                            assistance as a result of natural                      that would simplify or harmonize the
                                                    DATES: Comments and information are                     disasters, to protection of American                   regulatory requirements.
                                                    requested on or before March 28, 2016.                  agriculture from the ravages of plant or
                                                    ADDRESSES: Interested persons are                       animal pestilence. USDA regulations                    II. Request for Information
                                                    invited to submit comments regarding                    extend from farm to supermarket to                        USDA is seeking public comment on
                                                    this notice. All submissions must refer                 ensure the safety, quality, and                        our effort: To identify and reduce
                                                    to ‘‘Retrospective Review’’ to ensure                   availability of the Nation’s food supply.              regulatory burdens; to remove
                                                    proper delivery.                                        Regulations also specify how USDA                      unintended regulatory obstacles to


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                                                    4214                   Federal Register / Vol. 81, No. 16 / Tuesday, January 26, 2016 / Proposed Rules

                                                    participation in and compliance with                    office, and made publicly available on                 M–30, West Building Ground Floor,
                                                    USDA programs; and to improve current                   http://www.regulations.gov.                            Room W12–140, 1200 New Jersey
                                                    regulations to help USDA agencies                         Dated: January 7, 2016.                              Avenue SE., Washington, DC 20590,
                                                    advance the USDA mission. USDA is                       Thomas J. Vilsack,
                                                                                                                                                                   between 9 a.m. and 5 p.m., Monday
                                                    particularly interested in public                                                                              through Friday, except Federal holidays.
                                                                                                            Secretary.
                                                    comments that speak to areas in which                                                                            For service information identified in
                                                                                                            [FR Doc. 2016–00693 Filed 1–25–16; 8:45 am]
                                                    we can reduce costs and reporting                                                                              this proposed AD, contact Piper
                                                    burdens on the public, through                          BILLING CODE 3410–90–P                                 Aircraft, Inc., 2926 Piper Drive, Vero
                                                    technological advances or other                                                                                Beach, Florida 32960; telephone: (772)
                                                    modernization efforts, and comments on                                                                         567–4361; fax: (772) 978–6573; Internet:
                                                    regulatory flexibility.                                 DEPARTMENT OF TRANSPORTATION                           www.piper.com/home/pages/
                                                                                                                                                                   Publications.cfm. You may view this
                                                    III. Regulatory Flexibility                             Federal Aviation Administration                        referenced service information at the
                                                       USDA is also seeking public input on                                                                        FAA, Small Airplane Directorate, 901
                                                    measures that can be taken to reduce                    14 CFR Part 39                                         Locust, Kansas City, Missouri 64106.
                                                    burdens and increase flexibility and                    [Docket No. FAA–2014–0338; Directorate                 For information on the availability of
                                                    freedom of choice for the public.                       Identifier 2014–CE–010–AD]                             this material at the FAA, call (816) 329–
                                                    Regulatory flexibility includes a variety                                                                      4148.
                                                                                                            RIN 2120–AA64
                                                    of regulatory techniques that can help
                                                    avoid unnecessary costs on regulated                                                                           Examining the AD Docket
                                                                                                            Airworthiness Directives; Piper
                                                    entities and avoid negative impacts.                    Aircraft, Inc. Airplanes                                  You may examine the AD docket on
                                                    Regulatory flexibility techniques could                                                                        the Internet at http://
                                                    include:                                                AGENCY:  Federal Aviation                              www.regulations.gov by searching for
                                                       • Pilot projects, which can be used to               Administration (FAA), DOT.                             and locating Docket No. FAA–2014–
                                                    test regulatory approaches;                             ACTION: Supplemental notice of                         0338; or in person at the Docket
                                                       • Safe harbors, which are streamlined                proposed rulemaking (NPRM);                            Management Facility between 9 a.m.
                                                    modes of regulatory compliance and can                  reopening of comment period.                           and 5 p.m., Monday through Friday,
                                                    serve to reduce compliance costs;                                                                              except Federal holidays. The AD docket
                                                       • Sunset provisions, which terminate                 SUMMARY:   We are revising an earlier                  contains this proposed AD, the
                                                    a rule after a certain date;                            proposed airworthiness directive (AD)                  regulatory evaluation, any comments
                                                       • Trigger provisions, which specify                  for certain Piper Aircraft, Inc. Model                 received, and other information. The
                                                    one or more threshold indicators that                   PA–31–350 airplanes. The NPRM                          street address for the Docket Office
                                                    the rule is designed to address;                        proposed to require inspecting the fuel                (phone: 800–647–5527) is in the
                                                       • Phase-ins, which allow the rule to                 hose assembly and the turbocharger                     ADDRESSES section. Comments will be
                                                    be phased-in for different groups at                    support assembly for proper clearance                  available in the AD docket shortly after
                                                    different times;                                        between them, inspecting each assembly                 receipt.
                                                       • Streamlined requirements, which                    for any sign of damage, and making any                 FOR FURTHER INFORMATION CONTACT: Gary
                                                    provide exemptions or other                             necessary repairs or replacements. The                 Wechsler, Aerospace Engineer, FAA,
                                                    streamlined requirements if a particular                NPRM was prompted by a report of an                    Atlanta Aircraft Certification Office,
                                                    entity (for example, a small business)                  engine fire caused by a leak in the fuel               1701 Columbia Avenue, College Park,
                                                    may otherwise experience                                pump inlet hose. This action revises the               Georgia 30337; telephone: (404) 474–
                                                    disproportionate burden from a rule;                    NPRM by requiring the use of revised                   5575; fax: (404) 474–5606; email:
                                                       • State flexibilities, which provide                 procedures in a new service bulletin.                  gary.wechsler@faa.gov.
                                                    greater flexibility to States or other                  We are proposing this supplemental
                                                                                                                                                                   SUPPLEMENTARY INFORMATION:
                                                    regulatory partners, for example, giving                NPRM (SNPRM) to correct the unsafe
                                                    them freedom to implement alternative                   condition on these products. Since these               Comments Invited
                                                    regulatory approaches; and                              actions impose an additional burden                      We invite you to send any written
                                                                                                            over that proposed in the NPRM, we are
                                                       • Exceptions, which allow exceptions                                                                        relevant data, views, or arguments about
                                                                                                            reopening the comment period to allow                  this proposed AD. Send your comments
                                                    to part of the rule, or the entire rule in
                                                                                                            the public the chance to comment on                    to an address listed under the
                                                    cases where there is a potential or
                                                                                                            these proposed changes.                                ADDRESSES section. Include ‘‘Docket No.
                                                    suspected unintended consequence.
                                                                                                            DATES: We must receive comments on                     FAA–2014–0338; Directorate Identifier
                                                    IV. Existing USDA Regulations                           this SNPRM by March 11, 2016.                          2014–CE–010–AD’’ at the beginning of
                                                      In addition to retrospective review                   ADDRESSES: You may send comments,                      your comments. We specifically invite
                                                    actions and other regulatory reforms                    using the procedures found in 14 CFR                   comments on the overall regulatory,
                                                    identified in USDA’s 2015 Fall                          11.43 and 11.45, by any of the following               economic, environmental, and energy
                                                    Regulatory Agenda, we welcome                           methods:                                               aspects of this proposed AD. We will
                                                    comments from the public on any of                        • Federal eRulemaking Portal: Go to                  consider all comments received by the
                                                    USDA’s existing regulations and ways to                 http://www.regulations.gov. Follow the                 closing date and may amend this
                                                    improve them to help USDA agencies                      instructions for submitting comments.                  proposed AD because of those
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                                                    advance the mission of the Department                     • Fax: 202–493–2251.                                 comments.
                                                    consistent with the Executive Order.                      • Mail: U.S. Department of                             We will post all comments we
                                                    USDA notes that this RFI is issued                      Transportation, Docket Operations,                     receive, without change, to http://
                                                    solely for information and program-                     M–30, West Building Ground Floor,                      www.regulations.gov, including any
                                                    planning purposes. While responses to                   Room W12–140, 1200 New Jersey                          personal information you provide. We
                                                    this RFI do not bind USDA to any                        Avenue SE., Washington, DC 20590.                      will also post a report summarizing each
                                                    further actions, all submissions will be                  • Hand Delivery: U.S. Department of                  substantive verbal contact we receive
                                                    reviewed by the appropriate program                     Transportation, Docket Operations,                     about this proposed AD.


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Document Created: 2018-02-02 12:37:58
Document Modified: 2018-02-02 12:37:58
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 March 28, 2016.
ContactMichael Poe, Telephone Number: (202) 720-3257.
FR Citation81 FR 4213 
CFR Citation36
Title 36 CFR Chapter II
48
Title 48 CFR Chapter 4
5
Title 5 CFR Chapter LXXIII

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