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OMB Control No: 0570-0083	ICR Reference No: 202411-0570-002
Status: Historical Inactive	Previous ICR Reference No: 202410-0570-001
Agency/Subagency: USDA/RBS	Agency Tracking No:
Title: Biobased Markets Program
Type of Information Collection: Existing collection in use without an OMB Control Number	Common Form ICR: No
Type of Review Request: Regular
OIRA Conclusion Action: Improperly submitted	Conclusion Date: 01/13/2025
	Date Received in OIRA: 12/12/2024
Terms of Clearance: Please resubmit as a new collection request.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date		36 Months From Approved
Responses	0	0	0
Time Burden (Hours)	0	0	0
Cost Burden (Dollars)	0	0	0

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.

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

Citations for New Statutory Requirements: None

Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
0570-AB05	Final or interim final rulemaking	89 FR 97459	12/09/2024

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

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

IC Title	Form No.	Form Name
Biobased Markets Program

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: 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 was requested for the streamlined regulation, 7 CFR part 4270 and is 0570-0083. There were no comments received for this information collection package during the proposed rule process. There were no revisions to this information collection package since submitted for the proposed rule.

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

Agency Contact: Katherine Mathis 202 713-7565 katherine.mathis@usda.gov

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