[Federal Register Volume 80, Number 51 (Tuesday, March 17, 2015)]
[Proposed Rules]
[Pages 13789-13791]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05742]


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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.

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Federal Register / Vol. 80, No. 51 / Tuesday, March 17, 2015 / 
Proposed Rules

[[Page 13789]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

2 CFR Subtitle B, Chapter IV

5 CFR Chapter LXXIII

7 CFR Subtitle A; Subtitle B, Chapters I through XI, XIV through 
XVIII, XX, XXV through XXXVIII, XLI, and XLII

9 CFR Chapters I through III

36 CFR Chapter II

48 CFR Chapter 4


Identifying and Reducing Regulatory Burdens

AGENCY: Office of the Secretary, USDA.

ACTION: Request for Information (RFI).

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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) continues to review its existing regulations and 
information collections to evaluate the continued effectiveness in 
addressing the circumstances for which the regulations were 
implemented. USDA's Final Plan for Retrospective Analysis, released 
August 18, 2011, focused on actions needed to minimize the burdens on 
individuals, businesses, and communities attempting to access programs 
that promote economic growth, create jobs, and protect the health and 
safety of the American people. The plan identified initiatives 
estimated to realize significant savings in terms of money and burden-
hours. As part of this ongoing review to maximize the cost-
effectiveness of its regulatory programs, USDA invites public comment 
to assist in analyzing its existing significant regulations to 
determine whether any should be modified, streamlined, expanded, or 
repealed. The focus of this review is to identify areas where savings 
can be achieved through increased use of advanced information 
technology to transition from paper submissions to electronic 
submissions; streamlining or redesigning existing information 
collections to both reduce the reporting burden on the public for 
participation in and compliance with USDA programs; reducing 
duplication through increased data sharing and harmonization for 
programs with similar regulatory requirements; and providing increased 
regulatory flexibility to achieve desired program outcomes and maximize 
cost-effectiveness.

DATES: Comments and information are requested on or before May 18, 
2015.

ADDRESSES: Interested persons are invited to submit comments regarding 
this notice. All submissions must refer to ``Retrospective Review'' to 
ensure proper delivery.
    <bullet> 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.
    <bullet> 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 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

    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 will 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

[[Page 13790]]

that would simplify or harmonize the regulatory requirements.
    As part of this retrospective review of regulations, USDA published 
an RFI on April 20, 2011 (76 FR 22058), and developed a final plan that 
focused on reducing costs and reporting requirements on the public. 
However, the overall intention of Executive Order 13563 was not to be a 
single exercise, but to create a continuing process of scrutiny of 
regulatory actions. Therefore, USDA is once again seeking public 
comment on how best to remove unintended regulatory obstacles to 
participation in and compliance with USDA programs and ways to improve 
the current regulations to help USDA agencies advance the USDA mission.

II. Request for Information

    All regulatory actions by all USDA agencies are open for comment. 
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.
    USDA's initial retrospective review under Executive Order 13563 
identified eight regulations, four of which have been implemented. An 
additional regulation from the Forest Service on revised National 
Environmental Policy Act implementing procedures was also identified 
and implemented. USDA also identified paperwork and burden reduction 
initiatives under Executive Order 13610. The following table highlights 
USDA's key accomplishments and on-going activities pursuant to its 
efforts to reduce regulatory burdens:

----------------------------------------------------------------------------------------------------------------
                 Agency                      Program or initiative                      Results
----------------------------------------------------------------------------------------------------------------
Food and Nutrition Service..............  Direct Certification for     In School Year 2013-14, 87 percent of all
                                           School Meals.                children in households participating in
                                                                        the Supplemental Nutrition Assistance
                                                                        Program (SNAP) were directly certified
                                                                        for free school meals without a paper
                                                                        application.
                                                                       In addition, more than 14,000 high-
                                                                        poverty schools serving over 6.4 million
                                                                        students now offer free breakfasts and
                                                                        lunches to all of their enrolled
                                                                        students using third-party direct
                                                                        certification information instead of
                                                                        paper applications. The new Community
                                                                        Eligibility Provision was phased-in over
                                                                        a 3-year period, starting in school year
                                                                        2011-12 in school districts across the
                                                                        country, including Florida, Georgia,
                                                                        Illinois, Kentucky, Maryland,
                                                                        Massachusetts, Michigan, New York, Ohio,
                                                                        Washington, DC, and West Virginia; the
                                                                        provision became available to eligible
                                                                        schools and districts nationwide
                                                                        beginning July 1, 2014.
                                                                       Will reduce the information collection
                                                                        burden by approximately 113,000 hours
                                                                        per year.
Forest Service..........................  National Environmental       Revised implementing procedures and
                                           Policy Act Implementing      established new categorical exclusions
                                           Procedures.                  to expedite landscape restoration
                                                                        activities on National Forests,
                                                                        Grasslands, and Prairies.
                                                                       Final rule published September 12, 2013.
Food Safety and Inspection Service......  Electronic Import            Will reduce the information collection
                                           Inspection and               burden on importers by approximately
                                           Certification of Imported    10,000 hours.
                                           Products and Foreign        Final rule published September 19, 2014.
                                           Establishments.
Food Safety and Inspection Service......  Electronic Export            Expected to reduce the information
                                           Application and              collection burden hours.
                                           Certification Fee.          Proposed rule published January 23, 2012;
                                                                        Final rulemaking underway.
Food Safety and Inspection Service......  Prior Labeling Approval      Will reduce the information collection
                                           System: Generic Label        burden on industry by approximately
                                           Approval.                    34,971 hours.
                                                                       Final rule published November 7, 2013.
Rural Development Rural Business Service  Rural Energy for America     Streamlined grant application process
                                           Program.                     reduced the information collection
                                                                        burden hours by approximately 20 to 50
                                                                        percent.
                                                                       Final rule published December 29, 2014.
Rural Development Rural Business Service  Business and Industry Loan   Will reduce the information collection
                                           Guarantee Programs.          burden by approximately 2,000 hours.
                                                                       Final rule published September 15, 2014.
Rural Development Rural Housing Service.  Community Facilities Loan    Will save the public approximately $4
                                           and Grants.                  million per year.
Farm Service Agency and Risk Management   Acreage Crop Reporting       Coordinating across the two agencies to
 Agency.                                   Streamlining Initiative.     improve, streamline, and eliminate or
                                                                        minimize duplicate information
                                                                        collection requirements.
Farm Service Agency.....................  Streamlined Farm Loan        Eliminated 17,898 responses and 6,271
                                           Programs Direct Loan         hours annually for information
                                           Making.                      collection burden, saving $162,607 for
                                                                        the respondents and $647,728 in Federal
                                                                        costs.
Agricultural Marketing Service..........  Export Certificate Forms...  Amending regulations to improve oversight
                                                                        and ensure compliance with regulations.
                                                                        Changes also include removing the
                                                                        requirement for carriers to retain
                                                                        copies of inspection certificates.
                                                                       Rulemaking is underway.
Agricultural Marketing Service..........  Inspection of Eggs; Import   The inspection and clearance process will
                                           Request for Shell Eggs.      be reduced by approximately 48 hours.
                                                                       Access to the Customs and Border
                                                                        Protection maintained Automated Customs
                                                                        Environment will allow enhanced
                                                                        communication of the status of the
                                                                        clearance process involving the Food and
                                                                        Drug Administration, Food Safety and
                                                                        Inspection Service, Animal and Plant
                                                                        Health Inspection Service, and
                                                                        Agricultural Marketing Service.
                                                                       Rulemaking is underway.

[[Page 13791]]

 
Natural Resources Conservation Service..  Conservation Delivery        CDSI Client Gateway (CG) is a secure web
                                           Streamlining Initiative      application that will enable NRCS
                                           (CDSI).                      clients to perform many functions online
                                                                        and view their data without having to
                                                                        travel to the USDA local service center.
                                                                        A client will be able to request
                                                                        technical assistance, view their
                                                                        conservation plans, apply for Farm Bill
                                                                        conservation program financial
                                                                        assistance, view their contract payments
                                                                        for certified contract items (practices
                                                                        in Farm Bill conservation program
                                                                        contracts) upload and download
                                                                        supporting documentation, and sign their
                                                                        plans, agreements, and contracts. CG
                                                                        will reduce approximately 110,000 hours
                                                                        of travel time for clients going to
                                                                        agency offices and reduce the
                                                                        information collection burden by
                                                                        approximately 40,000 hours.
Animal and Plant Health Inspection        Declaration Forms for        In cooperation with other Federal
 Service.                                  Imported Plant and Plant     entities, implemented initiatives to
                                           Products.                    reduce the burden on importers and is
                                                                        developing an electronic entry system
                                                                        and solicited public comments on
                                                                        regulatory options.
                                                                       Cost savings to industry estimated at
                                                                        $1.7 million to $5.7 million for the
                                                                        electronic entry system and cost savings
                                                                        to industry estimated at $7.2 million to
                                                                        $24 million for the de minimis exemption
                                                                        approximately and a reduction of
                                                                        approximately 120,000 hours in
                                                                        information collection burden.
                                                                       Rulemaking is underway.
Animal and Plant Health Inspection        Participation in the         Amending regulations to remove any
 Service.                                  International Trade Data     impediments to the full implementation
                                           System.                      of participation in the International
                                                                        Trade Data System via the Automated
                                                                        Commercial Environment.
Animal and Plant Health Inspection        Certification,               Creating a new electronic system to
 Service.                                  Accreditation,               consolidate and streamline agency
                                           Registration, Permits, and   certification, accreditation,
                                           Other Licenses.              registration permit, and license
                                                                        processes.
                                                                       Expects both savings in cost and
                                                                        information collection burden hours.
----------------------------------------------------------------------------------------------------------------

III. Regulatory Flexibility

    In addition to looking back at current regulations, USDA is also 
looking forward to how new regulations are implemented and how existing 
regulations can be improved. 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:
    <bullet> Pilot projects, which can be used test regulatory 
approaches;
    <bullet> Safe harbors, which are streamlined modes of regulatory 
compliance and can serve to reduce compliance costs;
    <bullet> Sunset provisions, which terminate a rule after a certain 
date;
    <bullet> Trigger provisions, which specify one or more threshold 
indicators that the rule is designed to address;
    <bullet> Phase-ins, which allow the rule to be phased-in for 
different groups at different times;
    <bullet> 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;
    <bullet> State flexibilities, which provide greater flexibility to 
States or other regulatory partners, for example, giving them freedom 
to implement alternative regulatory approaches; and
    <bullet> Exceptions, which allow exceptions to part or all of the 
rule in cases where there is a potential or suspected unintended 
consequence.

IV. Questions for Commenters

    In providing comments, the public is encouraged to respond to the 
below questions:
    <bullet> What regulations or reporting requirements that have 
become outdated and, if so, how can they be modernized to accomplish 
the regulatory objectives better?
    <bullet> Do agencies currently collect information that they do not 
need or use effectively to achieve regulatory objectives?
    <bullet> Which regulations, reporting requirements, or regulatory 
submission or application processes are unnecessarily complicated or 
could be streamlined to achieve regulatory objectives in ways that are 
more efficient?
    <bullet> Which regulations, submission and application processes, 
or reporting requirements have been overtaken by technological 
developments? Can new technologies be used to modify, streamline, or do 
away with existing regulatory or reporting requirements?
    <bullet> Which regulations provide examples of how regulatory 
flexibility techniques have worked well? In general, who has benefitted 
from the regulatory flexibility? What types of regulatory flexibility 
have worked well?
    <bullet> What regulations would be improved through the addition of 
regulatory flexibility techniques? How would regulatory flexibility 
lower costs and burden? How would regulatory flexibility improve 
benefits?
    This is a non-exhaustive list that is meant to assist in the 
formulation of comments and is not intended to limit the issues that 
commenters may choose to address. We welcome comments from the public 
on any of USDA's 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 related to the response, all 
submissions will be made publicly available on http://www.regulations.gov.

Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2015-05742 Filed 3-16-15; 08:45 am]
 BILLING CODE 3410-90-P