82 FR 31042 - Submission for OMB Review; Comment Request

DEPARTMENT OF AGRICULTURE

Federal Register Volume 82, Issue 127 (July 5, 2017)

Page Range		31042-31043
FR Document		2017-14031
Federal Register, Volume 82 Issue 127 (Wednesday, July 5, 2017)
[Federal Register Volume 82, Number 127 (Wednesday, July 5, 2017)]
[Notices]
[Pages 31042-31043]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-14031]


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DEPARTMENT OF AGRICULTURE


Submission for OMB Review; Comment Request

June 29, 2017.
    The Department of Agriculture has submitted the following 
information collection requirement(s) to OMB for review and clearance 
under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments 
are requested regarding (1) whether the 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 burden 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 through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology.
    Comments regarding this information collection received by August 
4, 2017 will be considered. Written comments should be addressed to: 
Desk Officer for Agriculture, Office of Information and Regulatory 
Affairs, Office of Management and Budget (OMB), New Executive Office 
Building, 725 17th Street NW., Washington, DC 20502. Commenters are 
encouraged to submit their comments to OMB via email to: 
[email protected] or fax (202) 395-5806 and to Departmental 
Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-
7602. Copies of the submission(s) may be obtained by calling (202) 720-
8958.
    An agency may not conduct or sponsor a collection of information 
unless the collection of information displays a currently valid OMB 
control number and the agency informs potential persons who are to 
respond to the collection of information that such persons are not 
required to respond to the collection of information unless it displays 
a currently valid OMB control number.

[[Page 31043]]

Office of Procurement and Property Management

    Title: Voluntary Labeling Program for Biobased Products.
    OMB Control Number: 0503-0020.
    Summary of Collection: Section 9002(h) of the Farm Security and 
Rural Investment Act (FSRIA) of 2002, as amended by the Food, 
Conservation, and Energy Act (FCEA) of 2008 and the Agricultural Act of 
2014, requires the Secretary of Agriculture to implement a voluntary 
labeling program that would enable qualifying biobased products to be 
certified with a ``USDA Certified Biobased Product'' label. The 
voluntary labeling program is required to be consistent, where 
possible, with the guidelines implementing the preferred procurement of 
biobased products by Federal agencies (referred to hereafter as the 
preferred procurement program), which is also authorized under section 
9002 of FSRIA. Under the preferred procurement program, Federal 
agencies are required to purchase with certain exceptions, biobased 
products that are identified, by rulemaking, for preferred procurement. 
The BioPreferred Program is implemented by USDA's Office of Procurement 
and Property Management (OPPM).
    Need and Use of the Information: Under the voluntary labeling 
program, manufacturers and vendors must complete an application for 
each stand-alone biobased product or biobased product family for which 
they wish to use the label. The application process is electronic and 
is accessible through the voluntary labeling program Web site. In 
addition manufacturers and vendors whose applications have been 
conditionally approved must provide to OPPM certain information for 
posting by OPPM on the voluntary labeling program Web site. For each 
product approved by the Agency for use of the label, the manufacturer 
or vendor must keep that information for each certified product up-to-
date. The information requested for inclusion in the application are: 
(1) Contact information (of the manufacturer or vendor and preparer of 
application) and (2) product identification information, including 
brand name(s), the applicable designated item category or categories or 
equivalent, and the biobased content of the product.
    Description of Respondents: Business or other for-profit.
    Number of Respondents: 150.
    Frequency of Responses: Recordkeeping; Reporting: Other (once).
    Total Burden Hours: 1,350.

Ruth Brown,
Departmental Information Collection Clearance Officer.
[FR Doc. 2017-14031 Filed 7-3-17; 8:45 am]
 BILLING CODE 3410-TX-P
31042 Federal Register / Vol. 82, No. 127 / Wednesday, July 5, 2017 / Notices

committee, observing all applicable should play in negotiated rulemakings.22 should strive to minimize unnecessary
requirements prescribed by FACA. Generally, agencies should draw upon the procedural burdens associated with the
Deciding When To Use Negotiated convenor’s expertise in selecting committee advisory committee process.
Rulemaking members, defining the issues the committee
[FR Doc. 2017–14060 Filed 7–3–17; 8:45 am]
will address, and setting the goals for the
2. An agency should consider using committee’s work. Similarly, agencies should BILLING CODE 6110–01–P
negotiated rulemaking when it determines use a facilitator to assist the negotiation
that the procedure is in the public interest, impartially and to make that impartiality
will advance the agency’s statutory clear to the members of the committee.
objectives, and is consistent with the factors 7. Agencies should keep in mind the role
outlined in the Negotiated Rulemaking Act. DEPARTMENT OF AGRICULTURE
of the Office of Information and Regulatory
Specifically, such factors include whether: Affairs (OIRA) in the rulemaking process
• ‘‘there are a limited number of when conducting negotiated rulemaking and Submission for OMB Review;
identifiable interests that will be significantly inform committee members of that role. An Comment Request
affected by the rule;’’ 18 agency should notify its OIRA desk officer of
• ‘‘there is a reasonable likelihood that a the opportunity to observe the committee June 29, 2017.
committee can be convened with a balanced meetings and, upon request, provide him or
representation of persons who (a) can The Department of Agriculture has
her with briefings on the meetings. An submitted the following information
adequately represent the [identifiable and agency should also discuss whether or how
significantly affected] interests and (b) are the committee process might be used to collection requirement(s) to OMB for
willing to negotiate in good faith to reach a support the development of the elements review and clearance under the
consensus on the proposed rule;’’ 19 needed to comply with relevant analytical Paperwork Reduction Act of 1995,
• there is adequate time to complete requirements, including the rule’s regulatory Public Law 104–13. Comments are
negotiated rulemaking and the agency impact analysis.
possesses the necessary resources to support
requested regarding (1) whether the
the process; 20 and Considerations Associated With FACA collection of information is necessary
• ‘‘the agency, to the maximum extent 8. Congress should exempt negotiated for the proper performance of the
possible consistent with the legal obligations rulemaking committees from FACA’s functions of the agency, including
of the agency, will use the consensus of the chartering and reporting requirements.23 If whether the information will have
committee with respect to the proposed rule Congress exempts negotiated rulemaking
practical utility; (2) the accuracy of the
as the basis for the rule proposed by the committees from FACA entirely, it should
amend the Negotiated Rulemaking Act to agency’s estimate of burden including
agency for notice and comment.’’ 21
3. In light of the broad range of highly require comparable transparency, such as by the validity of the methodology and
specific factors that need to be considered requiring that negotiated rulemaking assumptions used; (3) ways to enhance
when determining whether to use negotiated committee meetings be noticed in advance the quality, utility and clarity of the
rulemaking, the choice should generally and open to the public. information to be collected; and (4)
reside within the agency’s discretion. 9. For greater flexibility within the ways to minimize the burden of the
framework of FACA, agencies should
Structuring a Negotiated Rulemaking
consider maintaining standing committees collection of information on those who
Committee To Maximize the Probability of are to respond, including through the
from which a negotiated rulemaking
Success use of appropriate automated,
subcommittee or working group can be
4. As a general matter, agency officials formed on an as-needed basis to obviate the electronic, mechanical, or other
should clearly define the charge of the need to charter a new committee each time technological collection techniques or
negotiated rulemaking committee at the the agency undertakes a negotiated
outset. This involves explicitly managing
other forms of information technology.
rulemaking.24 Regardless of whether
expectations and stating any constraints on Congress exempts negotiated rulemaking Comments regarding this information
the universe of options the committee is from certain FACA requirements, agencies collection received by August 4, 2017
authorized to consider, including any legal will be considered. Written comments
prohibitions or non-negotiable policy 22 Notably, while such neutrals may be hired by
should be addressed to: Desk Officer for
positions of the agency. Agency officials an agency, they support the overall process
should inform the committee members of the Agriculture, Office of Information and
impartially (rather than on behalf of, or in favor of,
use to which the information they provide the agency). For more details on the roles of Regulatory Affairs, Office of
will be put and should notify them that convenors and facilitators, see Recommendation Management and Budget (OMB), New
negotiated rulemaking committee meetings 85–5, supra note 1, at recommendations 5–8 and Executive Office Building, 725 17th
will be made open to the public and the discussion in note 4, supra. The roles may be
filled by the same person or by two different Street NW., Washington, DC 20502.
documents submitted in connection Commenters are encouraged to submit
individuals, who may be agency employees or
therewith generally will be made available to
the public.
external professionals. their comments to OMB via email to:
23 Administrative Conference of the United
5. Agencies should appoint an official with OIRA_Submission@OMB.EOP.GOV or
States, Recommendation 2011–7, The Federal
sufficient authority to speak on behalf of the Advisory Committee Act—Issues and Proposed fax (202) 395–5806 and to Departmental
agency to attend all negotiated rulemaking Reforms, 77 FR 2257 (Jan. 17, 2012). Clearance Office, USDA, OCIO, Mail
committee meetings and to participate in 24 Both the Department of Energy and Department Stop 7602, Washington, DC 20250–
them to the extent the agency deems suitable. of Transportation (Federal Aviation Administration 7602. Copies of the submission(s) may
6. Agencies should work with convenors or and Federal Railroad Administration) have standing
committees that at times have been used to support be obtained by calling (202) 720–8958.
facilitators to define clearly the roles they
negotiated rulemaking or other rulemaking An agency may not conduct or
activities. When seeking to negotiate a proposed
18 5 U.S.C. 563(a)(2). rule, these agencies will form subcommittees or
sponsor a collection of information
19 Id. § 563(a)(3). working groups (sometimes wholly comprising unless the collection of information
20 See id. §§ 563(a)(4)–(6) (providing that ‘‘there is
standing committee members, while other times displays a currently valid OMB control
sradovich on DSK3GMQ082PROD with NOTICES

a reasonable likelihood that the committee will comprising both standing committee and new
reach consensus on the proposed rule within a
number and the agency informs
members). For more details on the structure of these
fixed period of time’’; ‘‘the negotiated rulemaking arrangements and their potential benefits, see Blake potential persons who are to respond to
procedure will not unreasonably delay the notice of & Bull, supra note 14, at 29–30. Note, however, that the collection of information that such
proposed rulemaking and the issuance of the final some components in the Department of persons are not required to respond to
rule’’; and ‘‘the agency has adequate resources and Transportation do prepare FACA charters for each
is willing to commit such resources, including new negotiated rulemaking committee, rather than
the collection of information unless it
technical assistance, to the committee’’). using the standing committee/subcommittee model displays a currently valid OMB control
21 Id. § 563(a)(7). just described. number.

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Document Created: 2017-07-04 02:00:39
Document Modified: 2017-07-04 02:00:39
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
FR Citation		82 FR 31042