81 FR 52589 - Removal of Program To Assess Organic Certifying Agencies in 7 CFR Part 37
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 153 (August 9, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 153 (August 9, 2016)
| Page Range | 52589-52590 | |
| FR Document | 2016-18436 |
[Federal Register Volume 81, Number 153 (Tuesday, August 9, 2016)] [Rules and Regulations] [Pages 52589-52590] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-18436] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Rules and Regulations [[Page 52589]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 37 [Doc. # AMS-LPS-15-0054] Removal of Program To Assess Organic Certifying Agencies in 7 CFR Part 37 AGENCY: Agricultural Marketing Service, USDA. ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: This final rule informs the public that the Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) is removing the Program to Assess Organic Certifying Agencies from the Code of Federal Regulations. This action removes unnecessary regulations from the CFR. Since the publication of the organic regulations, the Program to Assess Organic Certifying Agencies is no longer applicable or necessary. DATES: This rule is effective November 7, 2016 without further action, unless adverse comment is received by September 8, 2016. If adverse comment is received, AMS will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: Comments should be submitted online at www.regulations.gov. Comments received will be posted without change, including any personal information provided. All comments should reference the docket number AMS-LPS-15-0054, the date of submission, and the page number of this issue of the Federal Register. Comments may also be submitted to: Jeffrey Waite, Branch Chief, Auditing Services Branch, Quality Assessment Division; Livestock, Poultry, and Seed Program, Agricultural Marketing Service, U.S. Department of Agriculture, 400 Independence Avenue SW., Room 3932-S, STOP 0258, 1400 Independence Avenue SW., Washington, DC 20250-0258. Comments will be made available for public inspection at the above address during regular business hours or online at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Jeffrey Waite, Branch Chief, Auditing Services Branch, Quality Assessment Division; Livestock, Poultry, and Seed Program, Agricultural Marketing Service, U.S. Department of Agriculture, Room 3932-S, STOP 0258, 1400 Independence Avenue SW., Washington, DC 20250-0258; telephone (202) 720-4411, or email [email protected]. SUPPLEMENTARY INFORMATION: Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. This rule has been determined not to be significant for purposes of Executive Order 12866 or Executive Order 13563. Accordingly, the Office of Management and Budget (OMB) has waived the review process. Executive Order 13175 This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation does not have tribal implications, in that it would not have substantial direct effects on Tribal governments. Regulatory Flexibility Act The purpose of the Regulatory Flexibility Act (RFA) [5 U.S.C. 601- 612] is to fit regulatory actions to the scale of businesses subject to such actions so small businesses will not be unduly or disproportionately burdened. AMS has determined that this rule will not have a significant impact on a substantial number of small entities, as defined by RFA, because the services are voluntary and provided on a fee-for-service basis, and are not subject to scalability based on the business size. Moreover, there are no entities being provided services under this part. AMS is committed to complying with the E-Government Act to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to government information and services, and for other purposes. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. chapter 35], it has been determined that this rule will not change the information collection and recordkeeping requirements previously approved, and will not impose additional reporting or recordkeeping burden on users. The information collection and recordkeeping requirements of this part were approved by OMB under 44 U.S.C. chapter 35 and assigned OMB Control Number 0581-0183. The information collection was retired by OMB on its expiration date of April 30, 2003. A change of worksheet was submitted to OMB on February 21, 2003, to terminate that collection because form LS-314 Application for Service was obsolete. Form LS-313 Application for Service and the ISO 65 Guidelines were transferred to OMB Control Number 0581-0191 for the National Organic Program (NOP). As a result, no information collection under 7 CFR part 37 remained. Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. There are no civil justice implications associated with this direct final rule. Civil Rights Review AMS has considered the potential civil rights implications of this rule on minorities, women, or persons with disabilities to ensure that no person or group shall be discriminated against on the basis of race, color, national origin, gender, religion, age, disability, sexual orientation, marital or family status, political beliefs, parental status, or [[Page 52590]] protected genetic information. This rule does not require affected entities to relocate or alter their operations in ways that could adversely affect such persons or groups. Further, this rule will not deny any persons or groups the benefits of a program or subject any persons or groups to discrimination. Executive Order 13132 This rule has been reviewed under Executive Order 13132, Federalism, which directs agencies to construe, in regulations and otherwise, a Federal statute to preempt state law only when the statute contains an express preemption provision. There are no federalism implications associated with this rule. Background The Program to Assess Organic Certifying Agencies was published through a Federal Register Interim Final Notice (64 FR 30867) on June 9, 1999, under the authority of the Agricultural Marketing Act of 1946 [7 U.S.C. 1621-1627]. It authorized AMS to assess certifying agencies to the International Organization for Standardization/International Electrotechnical Commission (ISO/IEC) Guide 65:1996 General requirements for bodies operating product certification systems. While the Organic Foods Production Act of 1990 had been signed into law, AMS had not yet promulgated regulations to establish the NOP. In their absence, the Program to Assess Organic Certifying Agencies provided AMS the legal framework to assess organic certifying agencies. However, when AMS published the national standards for organic products on December 21, 2000, no action was taken to remove 7 CFR part 37. The publication of the NOP Final Rule (7 CFR part 205) nullified the Program to Assess Organic Certifying Agencies. List of Subjects in 7 CFR Part 37 Administrative practice and procedure, Agriculture, Assessment of organic certifying agencies, Incorporation by reference, Organically produced agricultural commodities, Reporting and recordkeeping requirements. Accordingly, under the authority 7 U.S.C. 1621-1627, and as discussed in the preamble, the Agency is amending 7 CFR chapter 1 by removing part 37. PART 37--[REMOVED] 0 1. Remove part 37. Dated: July 29, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-18436 Filed 8-8-16; 8:45 am] BILLING CODE 3410-02-P
![52589
Rules and Regulations Federal Register
Vol. 81, No. 153
Tuesday, August 9, 2016
This section of the FEDERAL REGISTER SW., Room 3932–S, STOP 0258, 1400 RFA, because the services are voluntary
contains regulatory documents having general Independence Avenue SW., and provided on a fee-for-service basis,
applicability and legal effect, most of which Washington, DC 20250–0258. and are not subject to scalability based
are keyed to and codified in the Code of Comments will be made available for on the business size. Moreover, there are
Federal Regulations, which is published under public inspection at the above address no entities being provided services
50 titles pursuant to 44 U.S.C. 1510.
during regular business hours or online under this part.
The Code of Federal Regulations is sold by at www.regulations.gov. AMS is committed to complying with
the Superintendent of Documents. Prices of FOR FURTHER INFORMATION CONTACT: the E-Government Act to promote the
new books are listed in the first FEDERAL Jeffrey Waite, Branch Chief, Auditing use of the Internet and other
REGISTER issue of each week. Services Branch, Quality Assessment information technologies to provide
Division; Livestock, Poultry, and Seed increased opportunities for citizen
Program, Agricultural Marketing access to government information and
DEPARTMENT OF AGRICULTURE Service, U.S. Department of Agriculture, services, and for other purposes.
USDA has not identified any relevant
Agricultural Marketing Service Room 3932–S, STOP 0258, 1400
Federal rules that duplicate, overlap, or
Independence Avenue SW.,
conflict with this rule.
7 CFR Part 37 Washington, DC 20250–0258; telephone
(202) 720–4411, or email Jeffrey.Waite@ Paperwork Reduction Act
[Doc. # AMS–LPS–15–0054] ams.usda.gov. In accordance with the Paperwork
SUPPLEMENTARY INFORMATION: Reduction Act of 1995 [44 U.S.C.
Removal of Program To Assess
Organic Certifying Agencies in 7 CFR Executive Orders 12866 and 13563 chapter 35], it has been determined that
Part 37 this rule will not change the information
Executive Orders 12866 and 13563 collection and recordkeeping
AGENCY: Agricultural Marketing Service, direct agencies to assess all costs and requirements previously approved, and
USDA. benefits of available regulatory will not impose additional reporting or
ACTION: Direct final rule. alternatives and, if regulation is recordkeeping burden on users.
necessary, to select regulatory The information collection and
SUMMARY: This final rule informs the approaches that maximize net benefits recordkeeping requirements of this part
public that the Agricultural Marketing (including potential economic, were approved by OMB under 44 U.S.C.
Service (AMS) of the United States environmental, public health and safety chapter 35 and assigned OMB Control
Department of Agriculture (USDA) is effects, distributive impacts, and Number 0581–0183. The information
removing the Program to Assess Organic equity). Executive Order 13563 collection was retired by OMB on its
Certifying Agencies from the Code of emphasizes the importance of expiration date of April 30, 2003. A
Federal Regulations. This action quantifying both costs and benefits, change of worksheet was submitted to
removes unnecessary regulations from reducing costs, harmonizing rules, and OMB on February 21, 2003, to terminate
the CFR. Since the publication of the promoting flexibility. This rule has been that collection because form LS–314
organic regulations, the Program to determined not to be significant for Application for Service was obsolete.
Assess Organic Certifying Agencies is purposes of Executive Order 12866 or Form LS–313 Application for Service
no longer applicable or necessary. Executive Order 13563. Accordingly, and the ISO 65 Guidelines were
DATES: This rule is effective November the Office of Management and Budget transferred to OMB Control Number
7, 2016 without further action, unless (OMB) has waived the review process. 0581–0191 for the National Organic
adverse comment is received by Executive Order 13175 Program (NOP). As a result, no
September 8, 2016. If adverse comment information collection under 7 CFR part
This rule has been reviewed in 37 remained.
is received, AMS will publish a timely
accordance with the requirements of
withdrawal of the rule in the Federal Executive Order 12988
Executive Order 13175, Consultation
Register.
and Coordination with Indian Tribal This rule has been reviewed under
ADDRESSES: Comments should be Governments. The review reveals that Executive Order 12988, Civil Justice
submitted online at this regulation does not have tribal Reform. This rule is not intended to
www.regulations.gov. Comments implications, in that it would not have have retroactive effect. There are no
received will be posted without change, substantial direct effects on Tribal civil justice implications associated
including any personal information governments. with this direct final rule.
provided. All comments should
reference the docket number AMS–LPS– Regulatory Flexibility Act Civil Rights Review
15–0054, the date of submission, and The purpose of the Regulatory AMS has considered the potential
the page number of this issue of the Flexibility Act (RFA) [5 U.S.C. 601–612] civil rights implications of this rule on
Federal Register. Comments may also is to fit regulatory actions to the scale of minorities, women, or persons with
ehiers on DSK5VPTVN1PROD with RULES
be submitted to: Jeffrey Waite, Branch businesses subject to such actions so disabilities to ensure that no person or
Chief, Auditing Services Branch, small businesses will not be unduly or group shall be discriminated against on
Quality Assessment Division; Livestock, disproportionately burdened. AMS has the basis of race, color, national origin,
Poultry, and Seed Program, Agricultural determined that this rule will not have gender, religion, age, disability, sexual
Marketing Service, U.S. Department of a significant impact on a substantial orientation, marital or family status,
Agriculture, 400 Independence Avenue number of small entities, as defined by political beliefs, parental status, or
VerDate Sep<11>2014 15:04 Aug 08, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\09AUR1.SGM 09AUR1](https://thefederalregister.org/doc/81_FR_52742/page/1.svg)
![52590 Federal Register / Vol. 81, No. 153 / Tuesday, August 9, 2016 / Rules and Regulations
protected genetic information. This rule Dated: July 29, 2016. List of Subjects in 7 CFR Part 457
does not require affected entities to Elanor Starmer,
Crop insurance, Texas citrus fruit,
relocate or alter their operations in ways Administrator, Agricultural Marketing Reporting and recordkeeping
that could adversely affect such persons Service.
requirements, Correction of publication.
or groups. Further, this rule will not [FR Doc. 2016–18436 Filed 8–8–16; 8:45 am]
Accordingly, 7 CFR part 457 is
deny any persons or groups the benefits BILLING CODE 3410–02–P
corrected by making the following
of a program or subject any persons or
correcting amendments:
groups to discrimination.
DEPARTMENT OF AGRICULTURE PART 457—COMMON CROP
Executive Order 13132
Federal Crop Insurance Corporation INSURANCE REGULATIONS
This rule has been reviewed under
Executive Order 13132, Federalism, ■ 1. The authority citation for 7 CFR
7 CFR Part 457 part 457 continues to read as follows:
which directs agencies to construe, in
regulations and otherwise, a Federal Authority: 7 U.S.C. 1506(l), 1506(o).
[Docket No. FCIC–15–0002]
statute to preempt state law only when
■ 2. Amend § 457.119 as follows:
the statute contains an express
RIN 0563–AC48 ■ a. In section 1. Definitions, by revising
preemption provision. There are no the definition of ‘‘Production guarantee
federalism implications associated with (per acre)’’; and
Common Crop Insurance Regulations;
this rule. ■ b. In section 7(a)(4), by removing the
Texas Citrus Fruit Crop Insurance
Background Provisions; Correction term ‘‘the’’ following the phrase ‘‘That
has produced an average yield of at least
The Program to Assess Organic AGENCY: Federal Crop Insurance three tons per acre’’.
Certifying Agencies was published Corporation, USDA. The addition reads as follows:
through a Federal Register Interim Final
Final rule; correcting
ACTION: § 457.119 Texas citrus fruit crop insurance
Notice (64 FR 30867) on June 9, 1999,
amendment. provisions.
under the authority of the Agricultural
Marketing Act of 1946 [7 U.S.C. 1621– * * * * *
SUMMARY: This document contains
1627]. It authorized AMS to assess corrections to the final regulation which 1. Definitions
certifying agencies to the International was published June 13, 2016 (81 FR
Organization for Standardization/ * * * * *
38061–38067). The regulation, as here Production guarantee (per acre). In
International Electrotechnical pertinent, related to the insurance of
Commission (ISO/IEC) Guide 65:1996 lieu of the definition contained in
Texas Citrus Fruit. section 1 of the Basic Provisions, the
General requirements for bodies
DATES: This rule is effective August 9, production guarantee will be
operating product certification systems.
2016. determined by stage as follows:
While the Organic Foods Production
(a) First stage production guarantee—
Act of 1990 had been signed into law, FOR FURTHER INFORMATION CONTACT: Tim The second stage production guarantee
AMS had not yet promulgated Hoffmann, Director, Product multiplied by forty percent (40%).
regulations to establish the NOP. In Administration and Standards Division, (b) Second stage production
their absence, the Program to Assess Risk Management Agency, United States guarantee. The quantity of citrus (in
Organic Certifying Agencies provided Department of Agriculture, Beacon tons) determined by multiplying the
AMS the legal framework to assess Facility, Stop 0812, Room 421, P.O. Box yield determined in accordance with
organic certifying agencies. However, 419205, Kansas City, MO 64141–6205, section 3(e) of these Crop Provisions by
when AMS published the national telephone (816) 926–7730. the coverage level percentage you elect.
standards for organic products on
December 21, 2000, no action was taken SUPPLEMENTARY INFORMATION: * * * * *
to remove 7 CFR part 37. The Background Signed in Washington, DC, on August 2,
publication of the NOP Final Rule (7 2016.
CFR part 205) nullified the Program to The final regulation that is the subject Timothy J. Gannon,
Assess Organic Certifying Agencies. of this correction revised the Common Acting Manager, Federal Crop Insurance
Crop Insurance Regulations, Texas Corporation.
List of Subjects in 7 CFR Part 37 Citrus Fruit Crop Insurance Provisions [FR Doc. 2016–18748 Filed 8–8–16; 8:45 am]
published June 13, 2016, (81 FR 38061–
Administrative practice and BILLING CODE 3410–08–P
38067).
procedure, Agriculture, Assessment of
organic certifying agencies, Need for Correction
Incorporation by reference, Organically DEPARTMENT OF AGRICULTURE
produced agricultural commodities, As published, the final regulation
contains sections where text was Federal Crop Insurance Corporation
Reporting and recordkeeping
requirements. inadvertently removed that may prove
to be misleading and needs to be 7 CFR Part 457
Accordingly, under the authority 7 corrected. In section 1, the definition of
U.S.C. 1621–1627, and as discussed in production guarantee (per acre) needs to Common Crop Insurance Regulations,
ehiers on DSK5VPTVN1PROD with RULES
the preamble, the Agency is amending be corrected to add section (a). Basic Provisions
7 CFR chapter 1 by removing part 37. Additionally, in paragraph 7(a)(4), the AGENCY: Federal Crop Insurance
term ‘‘the’’ was inadvertently repeated Corporation, USDA.
PART 37—[REMOVED] following the phrase ‘‘That has
ACTION: Final rule; correcting
produced an average yield of at least
amendment.
■ 1. Remove part 37. three tons per acre.’’
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Document Created: 2016-08-09 01:10:13
Document Modified: 2016-08-09 01:10:13
| 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 | Rules and Regulations | |
| Action | Direct final rule. | |
| Dates | This rule is effective November 7, 2016 without further action, unless adverse comment is received by September 8, 2016. If adverse comment is received, AMS will publish a timely withdrawal of the rule in the Federal Register. | |
| Contact | Jeffrey Waite, Branch Chief, Auditing Services Branch, Quality Assessment Division; Livestock, Poultry, and Seed Program, Agricultural Marketing Service, U.S. Department of Agriculture, Room 3932-S, STOP 0258, 1400 Independence Avenue SW., Washington, DC 20250-0258; telephone (202) 720-4411, or email [email protected] | |
| FR Citation | 81 FR 52589 | |
| CFR Associated | Administrative Practice and Procedure; Agriculture; Assessment of Organic Certifying Agencies; Incorporation by Reference; Organically Produced Agricultural Commodities and Reporting and Recordkeeping Requirements |
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