Origin of Livestock- Variance Request

Forms and Documents

Document Name	Status
AMS-NOP-22-0055_AMS-71Grid_Q15-Breakout.xlsx Supplementary Document	2023-09-19
AMS-NOP-22-0055_SupportingStatement.docx Supporting Statement A	2023-09-19

IC Document Collections

IC ID	Document Title	Status
262242	Variance Request	New

ICR Details

OMB Control No:	ICR Reference No: 202309-0581-002
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: USDA/AMS	Agency Tracking No:
Title: Origin of Livestock- Variance Request
Type of Information Collection: New collection (Request for a new OMB Control Number)	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 10/26/2023

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	112	0
Time Burden (Hours)	98	0
Cost Burden (Dollars)	0	0

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Abstract: AMS is requesting approval for a new information collection, in order to fully implement the "Origin of Livestock" (OOL) Final Rule (87 FR 19740) published on April 5, 2022. OOL provides a new variance request process at 7 CFR 205.236(d) for small certified organic dairy operations. In this information collection, these operations, through their certifying agent, will be able to request a variance from AMS that alleviates economic burden that would otherwise occur as a result of (1) bankruptcy or forced sale, (2) insolvency or liquidating animals as a result of ceasing operations, or (3) intergenerational transfer of animals.

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Authorizing Statute(s): US Code: 7 USC 6501 Name of Law: Organic Food Production Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
	Not associated with rulemaking

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 25289	04/26/2023
30-day Notice:	Federal Register Citation:	Citation Date:
	88 FR 68094	10/03/2023
Did the Agency receive public comments on this ICR? Yes

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Variance Request

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	112	0	0	112	0	0
Annual Time Burden (Hours)	98	0	0	98	0	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: 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.

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Annual Cost to Federal Government:

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 10/26/2023

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