[Federal Register Volume 88, Number 190 (Tuesday, October 3, 2023)]
[Notices]
[Pages 68094-68095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-21832]


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DEPARTMENT OF AGRICULTURE


Submission for OMB Review; Comment Request

    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: 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; the 
accuracy of the agency's estimate of burden including the validity of 
the methodology and assumptions used; ways to enhance the quality, 
utility and clarity of the information to be collected; and 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 these 
information collections are best assured of having their full effect if 
received by November 2, 2023. Written comments and recommendations for 
the proposed information collection should be submitted within 30 days 
of the publication of this notice on the following website 
www.reginfo.gov/public/do/PRAMain. Find this particular information 
collection by selecting ``Currently under 30-day Review--Open for 
Public Comments'' or by using the search function
    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.

Agricultural Marketing Service

    Title: Origin of Livestock--Variance Request.
    OMB Control Number: 0581-NEW.
    Summary of Collection: The Organic Foods Production Act of 1990 
(OFPA), as amended (7 U.S.C. 6501--6524), authorizes the Secretary of 
Agriculture to establish the National Organic Program (NOP) and 
accredit certifying agents to certify that farms and businesses meet 
national organic standards. The purpose of OFPA is to: (1) establish 
national standards governing the marketing of certain agricultural 
products as organically produced products; (2) assure

[[Page 68095]]

consumers that organically produced products meet a consistent 
standard; and (3) facilitate interstate commerce in fresh and processed 
food that is organically produced (7 U.S.C. 6501).
    On April 5, 2022, the U.S. Department of Agriculture's (USDA) 
Agricultural Marketing Service (AMS) published the ``Origin of 
Livestock'' (OOL) final rule (87 FR 19740) related to livestock 
production practices under the USDA organic regulations (7 CFR part 
205). AMS took this action to increase uniformity in organic dairy 
production practices and reduce organic certification discrepancies 
between certifying agents. The final rule clarified that certified 
organic dairy operations may transition nonorganic animals to organic 
production only once. After that, any animals added to a certified 
organic dairy operation must have been organically managed from the 
last third of gestation. To provide flexibility, the final rule allows 
[in 7 CFR 205.236(d)] small certified organic dairy operations to 
request a variance under limited conditions. A variance is a process by 
which an entity requests permission to not follow a particular 
regulatory requirement without repercussion of regulatory 
noncompliance. If the variance is approved by AMS, the small certified 
organic dairy operation may source, sell, liquidate, or transfer, as 
one event, organic dairy livestock that were transitioned to organic 
production (livestock that were not organically managed from no later 
than the last third of gestation).
    Need and Use of the Information: AMS will be able to use other 
information submitted as part of the currently approved information 
collection package for the NOP (OMB #0581-0191) to determine if the 
applicants qualify as a small business [the first variance eligibility 
criterion at 7 CFR 205.236(d)(1)].
    However, this new variance request specifies new information not 
currently collected by AMS. This new information is described in the 
USDA organic regulations in 7 CFR 205.236(d)(1)(i)-(iii) (see above). 
To apply for a variance, respondents (small certified organic dairy 
operations) will need to submit to AMS, through their certifying agent, 
records that demonstrate that they qualify for a variance due to 
bankruptcy proceedings, forced sales, insolvency, or an 
intergenerational transfer.
    The new information collected will be used by AMS to grant (or 
deny) individual, small certified organic dairy operations a variance 
from the USDA organic regulations in regard to the origin of livestock.
    Description of Respondents: Business or other for-profit; Farms.
    Number of Respondents: 56.
    Frequency of Responses: Reporting: Annually.
    Total Burden Hours: 98.

Levi S. Harrell,
Departmental Information Collection Clearance Officer.
[FR Doc. 2023-21832 Filed 10-2-23; 8:45 am]
BILLING CODE 3410-02-P