Biobased Markets Program

Forms and Documents

Document Name	Status
Supporting Statement Biobased Markets 2024 10 02.docx Supporting Statement A	2024-10-02
Burden Hours Biobased Markets 2024 10 02.xlsm Supplementary Document	2024-10-02

IC Document Collections

IC ID	Document Title	Status
271332	Biobased Markets Program	New

ICR Details

OMB Control No:	ICR Reference No: 202410-0570-001
Status: Received in OIRA	Previous ICR Reference No:
Agency/Subagency: USDA/RBS	Agency Tracking No:
Title: Biobased Markets Program
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: 10/15/2024

	Requested	Previously Approved
Expiration Date	36 Months From Approved
Responses	3,017	0
Time Burden (Hours)	19,783	0
Cost Burden (Dollars)	0	0

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Abstract: Section 9002 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 provides for a preferred procurement program under which Federal agencies are required to purchase biobased products (7 CFR part 3201), with certain exceptions, and also requires the Secretary of Agriculture to implement a voluntary labeling program (7 CFR part 3202) that would enable qualifying biobased products to be certified with a U.S. Department of Agriculture (USDA) Certified Biobased Product label (Label). These two initiatives together make up the BioPreferred Program, which is currently implemented by the Rural Business Cooperative Service (RBCS or the Agency), an agency of Rural Development (RD) mission area within the USDA. The Agriculture Improvement Act of 2018 (7 U.S.C. 8102) (2018 Farm Bill) reauthorizes the BioPreferred Program and instructs RBCS to create a single approval process through which biobased products may be determined eligible to receive a procurement preference and to be certified to use the Label. RBCS published a proposed rule with comment, 89 FR 4770, on January 24, 2024 to a adopt changes from the 2018 Farm Bill and merge 7 CFR 3201 and 3202 into one streamlined regulation, 7 CFR part 4270. The 60-day comment period closed on March 25, 2024. A workplan for a final rule has been submitted for the 2024 Fall Agenda. The final rule provides the summary and responses to the comments received as part of the proposed rule with comment process. The final rule will not include revisions based on the comments received during the proposed rule comment period, for which the Agency has provided justification. The final rule will include two (2) technical amendments. RBCS BioPreferred program staff and its contractors have been collecting product information under OMB Control Number 0570-0073 to support the preferred Federal procurement program (7 CFR part 3201) and under OMB Control Number 0570-0071 to support the voluntary labeling program (7 CFR part 3202). There are currently renewal packages in ROCIS for these two (2) OMB Control Numbers. Since there will be one streamline regulation, 7 CFR part 4270, these two (2) OMB Control Numbers will be discontinued. A new OMB Control Number will be issued for the streamlined regulation, 7 CFR part 4270. Under the new OMB Control Number RBCS will continue to collect product names, descriptions, availability, performance, environmental and health benefits, and biobased content measurements. RBCS uses this information to identify product categories for preferred Federal procurement, determine eligibility for products to qualify for preferred Federal procurement, and certify products to use the Label. Cooperation in this program by manufacturers and vendors of biobased products is voluntary.

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Authorizing Statute(s): US Code: 7 USC 8102 Name of Law: Agriculture Improvement Act of 2018
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0570-AB05	Proposed rulemaking	89 FR 4770	01/24/2024

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Federal Register Notices & Comments
60-day Notice:	Federal Register Citation:	Citation Date:
	89 FR 4770	01/24/2024
Did the Agency receive public comments on this ICR? No

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

IC Title	Form No.	Form Name
Biobased Markets Program

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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	3,017	0	0	0	3,017	0
Annual Time Burden (Hours)	19,783	0	0	0	19,783	0
Annual Cost Burden (Dollars)	0	0	0	0	0	0

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

Burden Increase Due to:

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

Burden Reduction Due to:

Short Statement:

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Annual Cost to Federal Government: $936,596

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: 10/15/2024

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