80 FR 45449 - National Organic Program (NOP); Sunset 2015 Amendments to the National List
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 146 (July 30, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 146 (July 30, 2015)
| Page Range | 45449-45452 | |
| FR Document | 2015-18699 |
[Federal Register Volume 80, Number 146 (Thursday, July 30, 2015)] [Proposed Rules] [Pages 45449-45452] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-18699] ======================================================================== 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. ======================================================================== Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules [[Page 45449]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS-NOP-15-0015; NOP-15-07] RIN 0581-AD39 National Organic Program (NOP); Sunset 2015 Amendments to the National List AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would address recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) following their October 2014 meeting. These recommendations pertain to the 2015 Sunset Review of substances on the U.S. Department of Agriculture's (USDA) National List of Allowed and Prohibited Substances (National List). Consistent with the recommendations from the NOSB, this proposed rule would remove two non- organic agricultural substances from the National List for use in organic handling, fortified cooking wines--marsala wine and sherry wine. This proposed rule would also remove two listings for synthetic substances allowed for use in organic crop production on the National List, streptomycin and tetracycline, as their use exemptions expired on October 21, 2014. DATES: Comments must be received by August 31, 2015. ADDRESSES: Interested persons may comment on the proposed rule using the following procedures:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Robert Pooler, Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2642-So., Ag Stop 0268, Washington, DC 20250-0268. Instructions: All submissions received must include the docket number AMS-NOP-15-0015; NOP-15-07, and/or Regulatory Information Number (RIN) XXXX-XXXX for this rulemaking. You should clearly indicate the topic and section number of this proposed rule to which your comment refers. You should clearly indicate whether you support the action being proposed for the substances in this proposed rule. You should clearly indicate the reason(s) for your position. You should also supply information on alternative management practices, where applicable, that support alternatives to the proposed action. You should also offer any recommended language change(s) that would be appropriate to your position. Please include relevant information and data to support your position (e.g. scientific, environmental, manufacturing, industry, impact information, etc.). Only relevant material supporting your position should be submitted. All comments received and any relevant background documents will be posted without change to http://www.regulations.gov. Document: For access to the document and to read background documents or comments received, go to http://www.regulations.gov. Comments submitted in response to this proposed rule will also be available for viewing in person at USDA-AMS, National Organic Program, Room 2642-South Building, 1400 Independence Ave. SW., Washington, DC, from 9 a.m. to 12 noon and from 1 p.m. to 4 p.m., Monday through Friday (except official Federal holidays). Persons wanting to visit the USDA South Building to view comments received in response to this proposed rule are requested to make an appointment in advance by calling (202) 720-3252. FOR FURTHER INFORMATION CONTACT: Robert Pooler, Standards Division, Telephone: (202) 720-3252; Fax: (202) 205-7808. SUPPLEMENTARY INFORMATION: I. Background The National Organic Program (NOP) is authorized by the Organic Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501-6522). The USDA Agricultural Marketing Service (AMS) administers the NOP. Final regulations implementing the NOP, also referred to as the USDA organic regulations, were published December 21, 2000 (65 FR 80548), and became effective on October 21, 2002. Through these regulations, the AMS oversees national standards for the production, handling, and labeling of organically produced agricultural products. Since becoming fully effective, the USDA organic regulations have been frequently amended, mostly for changes to the National List in 7 CFR 205.601- 205.606. This National List identifies the synthetic substances that may be used and the nonsynthetic substances that may not be used in organic production. The National List also identifies synthetic, nonsynthetic nonagricultural, and nonorganic agricultural substances that may be used in organic handling. The OFPA and the USDA organic regulations, as indicated in Sec. 205.105, specifically prohibit the use of any synthetic substance in organic production and handling unless the synthetic substance is on the National List. Section 205.105 also requires that any nonorganic agricultural substance and any nonsynthetic nonagricultural substance used in organic handling appear on the National List. As stipulated by the OFPA, recommendations to propose amendment of the National List are developed by the 15 member NOSB, organized under the Federal Advisory Committee Act (5 U.S.C. App. 2 et seq.) to assist in the evaluation of substances to be used or not used in organic production and handling, and to advise the Secretary on the USDA organic regulations. The OFPA also requires a sunset review of all substances included on the National List within five years of their addition to or renewal on the list. If a listed substance is not reviewed by the NOSB and renewed by the USDA within the five year period, its allowance or prohibition on the National List is no longer in effect. Under the authority of the OFPA, the Secretary can amend the National List through rulemaking based upon proposed amendments recommended by the NOSB. The NOSB's recommendations to continue existing exemptions and prohibitions are based on consideration of public comments and applicable supporting evidence that express a continued need for the use or prohibition of the substance(s) as required by the OFPA. [[Page 45450]] Concerning OFPA criteria used to make recommendations regarding the discontinuation of an authorized exempted synthetic substance (7 U.S.C. 6517(c)(1)), the NOSB's decision is based on consideration of public comments and applicable supporting evidence that demonstrates the substance is: (a) Harmful to human health or the environment; (b) no longer necessary for organic production due to the availability of alternative wholly nonsynthetic substitute products or practices; or (c) inconsistent with organic farming and handling practices. In accordance with the sunset review process published in the Federal Register on September 16, 2013 (78 FR 61154), this proposed rule would amend the National List to reflect two recommendations submitted to the Secretary by the NOSB on October 30, 2014, to amend the National List to remove two substances, marsala wine and sherry wine, allowed as ingredients in or on processed products labeled as ``organic.'' This proposed rule would also remove listings of two substances, streptomycin and tetracycline, since their National List exemptions expired on October 21, 2014. The exemptions of each substance appearing on the National List for use in organic production and handling are evaluated by the NOSB using the evaluation criteria specified on the OFPA (7 U.S.C. 6517-6518). II. Overview of Proposed Amendments Nonrenewals After considering public comments and supporting documents, the NOSB determined that two substance exemptions on Sec. 205.606 of the National List are no longer necessary for organic handling. AMS has reviewed and accepts the NOSB recommendations for removal. Based upon these NOSB recommendations, this action proposes to amend the National List to remove the exemptions as indicated for marsala wine and sherry wine. Marsala Wine The USDA organic regulations currently include an exemption on the National List for fortified cooking wines as an ingredient for use in organic processed products at Sec. 205.606(g) as follows: Fortified cooking wines, (1) Marsala. In 2007, marsala wine was petitioned for addition to Sec. 205.606 because it was considered a key flavor ingredient that was not commercially available in organic form and quantity. As required by the OFPA, the exemption for marsala wine was considered during the NOSB's 2015 sunset review. Two notices of the public meetings with request for comments were published in Federal Register on March 10, 2014 (79 FR 13272) and on September 8, 2014 (79 FR 53162) to notify the public that the marsala wine exemption discussed in this proposed rule would expire on December 14, 2015, if not reviewed by the NOSB and renewed by the Secretary. During their sunset review deliberation, the NOSB considered written comments received prior to and during the public meetings on all substance exemptions included in the 2015 sunset review. These written comments can be viewed at http://www.regulations.gov by searching for the document ID numbers: AMS-NOP-14-0006 (March 2014 public meeting) and AMS-NOP-14-0063 (October 2014 public meeting). The NOSB also considered oral comments received during these public meetings which are included in the meeting transcripts available on the NOP Web site at http://www.ams.usda.gov/nop. As indicated on the National List and Petitioned Substance database on the NOP Web site, there is no technical report or technical advisory panel report on marsala wine. The NOSB did not request a new technical report for marsala wine for the 2015 sunset review. The NOSB received no public comments supporting the continued need for the use of non-organic marsala wine in organic processed products. In addition, the NOSB considered evidence that only a few operations use marsala wine as an ingredient in organic processed products. Based upon the lack of public comments requesting the continued use of marsala wine and supportive documents, the NOSB determined that the exemption for marsala wine on Sec. 205.606 is no longer necessary or essential for organic processed products. Subsequently, the NOSB recommended removal of marsala wine from the National List. AMS accepts the NOSB's recommendation on removing marsala wine from the National List. This proposed rule would amend Sec. 205.606 by removing the substance exemption for marsala wine. This amendment would be effective on marsala wine's current sunset date, December 14, 2015. Sherry Wine The USDA organic regulations currently include an exemption on the National List for fortified cooking wine, sherry wine, as an ingredient for use in organic processed products at Sec. 205.606(g) as follows: Fortified cooking wines, (2) Sherry. In 2007, sherry wine was petitioned for addition to Sec. 205.606 because it was considered a key flavor ingredient that was not commercially available in organic form or quantity. As required by the OFPA, the exemption for sherry wine was considered during the NOSB's 2015 sunset review. Two notices of the public meetings with request for comments were published in Federal Register on March 10, 2014 (79 FR 13272) and on September 8, 2014 (79 FR 53162) to notify the public that the sherry wine listing discussed in this proposed rule would expire on December 14, 2015, if not reviewed by the NOSB and renewed by the Secretary. During their sunset review deliberation, the NOSB considered written comments received prior to and during the public meetings on all substance exemptions included in the 2015 sunset review. These written comments can be viewed at http://www.regulations.gov by searching for the document ID numbers: AMS-NOP-14-0006 (March 2014 meeting) and AMS-NOP- 14-0063 (October 2014 meeting). The NOSB also considered oral comments received during these public meetings which are included in the meeting transcripts available on the NOP Web site at http://www.ams.usda.gov/nop. As indicated on the National List and Petitioned Substance database on the NOP Web site, there is no technical report or technical advisory panel report on sherry wine. The NOSB did not request new technical report for sherry wine for the 2015 sunset review. The NOSB received no public comments supporting the continued need for the use of non-organic sherry wine in organic processed products. In addition, the NOSB considered evidence that only a few operations use sherry wine as an ingredient in organic processed products. Based upon the lack of public comments requesting the continued use of sherry wine and supportive documents, the NOSB determined that the exemption for sherry wine on Sec. 205.606 is no longer necessary or essential for organic processed products. Subsequently, the NOSB recommended removal of sherry wine from the National List. AMS accepts the NOSB's recommendation on removing sherry wine from the National List. This proposed rule would amend Sec. 205.606 by removing the substance exemption for sherry wine. This amendment would be effective on sherry wine's current sunset date, December 14, 2015. This proposed rule would further amend Sec. 205.606 by redesignating paragraphs (h) through (z) as (g) through (y), respectively. [[Page 45451]] Expired Listings Streptomycin This proposed rule would amend Sec. 206.601 of the National List by removing the expired exemption for ``Streptomycin, for fire blight control in apples and pears only until October 21, 2014.'' Streptomycin was considered by the NOSB at their October 31-November 4, 1995, meeting. At this 1995 meeting, the NOSB recommended adding streptomycin as a plant disease control to the National List and also indicated that the exemption listing should be reviewed in two years by the NOSB. The NOSB recommendation was accepted by the Secretary and streptomycin was included, as a plant disease control, in the initial final rule establishing the NOP that was published on December 21, 2000 (65 FR 80548). Subsequently, as recommended by the NOSB, the listing for streptomycin was amended on June 27, 2012 (77 FR 33290) to add an expiration date to the streptomycin annotation: Streptomycin, for fire blight control in apples and pears only until October 21, 2014. This proposed rule would remove the listing for streptomycin that expired on October 21, 2014 from Sec. 205.601. Removal of this exempted substance from the National List has no new regulatory effect. Tetracycline This proposed rule would amend Sec. 206.601 of the National List by removing the expired exemption for ``Tetracycline, for fire blight control in apples and pears only until October 21, 2014.'' Tetracycline was considered by the NOSB at their October 31-November 4, 1995, meeting. At this 1995 meeting, the NOSB recommended adding tetracycline as a plant disease control to the National List and also indicated that the exemption listing should be reviewed in two years by the NOSB. The NOSB recommendation was accepted by the Secretary and tetracycline was included, as a plant disease control, in the initial final rule establishing the NOP that was published on December 21, 2000 (65 FR 80548). Subsequently, as recommended by the NOSB, the listing for tetracycline was amended on June 27, 2012 (77 FR 33290) to add an expiration date to the tetracycline annotation: Tetracycline, for fire blight control in apples and pears only until October 21, 2014. This proposed rule would remove the listing for tetracycline from section 205.601 that expired on October 21, 2014. Removal of this exempted substance from the National List has no new regulatory effect. III. Related Documents Two notices of public meeting with request for comments were published in Federal Register on March 10, 2014 (79 FR 13272) and on September 8, 2014 (79 FR 53162) to notify the public that the 2015 sunset review listings discussed in this proposed rule would expire on December 14, 2015, if not reviewed by the NOSB and renewed by the Secretary. The listing for both streptomycin and tetracycline was added to the National List by the final rule (65 FR 80548) published in the Federal Register on December 21, 2000. Subsequently, an expiration date of October 21, 2014 was added to the streptomycin and tetracycline annotations on June 27, 2012 (77 FR 33290). IV. Statutory and Regulatory Authority OFPA, as amended (7 U.S.C. 6501-6522), authorizes the Secretary to make amendments to the National List based on proposed recommendations developed by the NOSB. Sections 6518(k)(2) and 6518(n) of OFPA authorize the NOSB to develop proposed amendments to the National List for submission to the Secretary and establish a petition process by which persons may petition the NOSB for the purpose of having substances evaluated for inclusion on or deletion from the National List. The National List petition process is implemented under Sec. 205.607 of the USDA organic regulations. The current petition process was published on January 18, 2007 (72 FR 2167) and can be accessed through the NOP Web site at http://www.ams.usda.gov/nop. AMS published a revised sunset review process in the Federal Register on September 16, 2013 (78 FR 56811). A. Executive Order 12866 This action has been determined to be not significant for purposes of Executive Order 12866, and therefore, has not been reviewed by the Office of Management and Budget. B. Executive Order 12988 Executive Order 12988 instructs each executive agency to adhere to certain requirements in the development of new and revised regulations in order to avoid unduly burdening the court system. This proposed rule is not intended to have a retroactive effect. States and local jurisdictions are preempted under OFPA from creating programs of accreditation for private persons or State officials who want to become certifying agents of organic farms or handling operations. A governing State official would have to apply to USDA to be accredited as a certifying agent, as described in section 2115(b) of OFPA (7 U.S.C. 6514(b)). States are also preempted under section 2104 through 2108 of OFPA (7 U.S.C. 6503 through 6507) from creating certification programs to certify organic farms or handling operations unless the State programs have been submitted to, and approved by, the Secretary as meeting the requirements of OFPA. Pursuant to section 2108(b)(2) of OFPA (7 U.S.C. 6507(b)(2)), a State organic certification program may contain additional requirements for the production and handling of organically produced agricultural products that are produced in the State and for the certification of organic farm and handling operations located within the State under certain circumstances. Such additional requirements must: (a) Further the purposes of OFPA, (b) not be inconsistent with OFPA, (c) not be discriminatory toward agricultural commodities organically produced in other States, and (d) not be effective until approved by the Secretary. Pursuant to section 2120(f) of OFPA (7 U.S.C. 6519(f)), this proposed rule would not alter the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601-624), the Poultry Products Inspection Act (21 U.S.C. 451-471), or the Egg Products Inspection Act (21 U.S.C. 1031-1056), concerning meat, poultry, and egg products, nor any of the authorities of the Secretary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301-399), nor the authority of the Administrator of EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136(y)). Section 2121 of OFPA (7 U.S.C. 6520) provides for the Secretary to establish an expedited administrative appeals procedure under which persons may appeal an action of the Secretary, the applicable governing State official, or a certifying agent under this title that adversely affects such person or is inconsistent with the organic certification program established under this title. OFPA also provides that the U.S. District Court for the district in which a person is located has jurisdiction to review the Secretary's decision. C. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) requires agencies to consider the economic impact of each rule on small entities and evaluate alternatives that would accomplish the objectives of the rule without unduly burdening small entities or erecting barriers that would restrict their ability [[Page 45452]] to compete in the market. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to the action. Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. Pursuant to the requirements set forth in the RFA, AMS performed an economic impact analysis on small entities in the final rule published in the Federal Register on December 21, 2000 (65 FR 80548). AMS has also considered the economic impact of this action on small entities. The impact on entities affected by this proposed rule would not be significant. The effect of this proposed rule would be to prohibit the use of two non-organic agricultural products that may be available in organic form for use in organic processed products. AMS concludes that the economic impact of removing the nonorganic agricultural products, marsala wine and sherry wine, would be minimal to small agricultural firms since organic form of these agricultural products or organic forms of alternative agricultural products may be commercially available and, as such, their nonorganic forms are proposed to be removed from the National List under this rule. Accordingly, AMS certifies that this rule will not have a significant economic impact on a substantial number of small entities. Small agricultural service firms, which include producers, handlers, and accredited certifying agents, have been defined by the Small Business Administration (SBA) (13 CFR 121.201) as those having annual receipts of less than $7,000,000 and small agricultural producers are defined as those having annual receipts of less than $750,000. According to USDA, National Agricultural Statistics Service (NASS), certified organic acreage exceeded 3.5 million acres in 2011.\1\ According to NOP's Accreditation and International Activities Division, the number of certified U.S. organic crop and livestock operations totaled over 19,470 in 2014. The list of certified operations is available on the NOP Web site at http://apps.ams.usda.gov/nop/. AMS believes that most of these entities would be considered small entities under the criteria established by the SBA. U.S. sales of organic food and non-food have grown from $1 billion in 1990 to $39.1 billion in 2014, an 11.3 percent growth over 2013 sales.\2\ In addition, the USDA has 80 accredited certifying agents who provide certification services to producers and handlers. A complete list of names and addresses of accredited certifying agents may be found on the AMS NOP Web site, at http://www.ams.usda.gov/nop. AMS believes that most of these accredited certifying agents would be considered small entities under the criteria established by the SBA. Certifying agents reported 27,810 certified operations worldwide in 2014. --------------------------------------------------------------------------- \1\ U.S. Department of Agriculture, National Agricultural Statistics Service. October 2012. 2011 Certified Organic Productions Survey. \2\ Organic Trade Association. 2014. Organic Industry Survey. www.ota.com. --------------------------------------------------------------------------- D. Paperwork Reduction Act No additional collection or recordkeeping requirements are imposed on the public by this proposed rule. Accordingly, OMB clearance is not required by section 350(h) of the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, Chapter 35, or OMB's implementing regulations at 5 CFR part 1320. E. Executive Order 13175 This proposed rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. F. General Notice of Public Rulemaking This proposed rule reflects recommendations submitted to the Secretary by the NOSB for substances on the National List of Allowed and Prohibited Substances that, under the Sunset review provisions of OFPA, would otherwise expire on December 14, 2015. A 30-day period for interested persons to comment on this rule is provided. Thirty days is deemed appropriate because the review of these listings was widely publicized through two NOSB meeting notices; the use or prohibition of these substances, as applicable, are critical to organic production and handling; and this rulemaking must be completed before the sunset date of December 14, 2015. List of Subjects in 7 CFR Part 205 Administrative practice and procedure, Agriculture, Animals, Archives and records, Imports, Labeling, Organically produced products, Plants, Reporting and recordkeeping requirements, Seals and insignia, Soil conservation. For the reasons set forth in the preamble, 7 CFR part 205 is amended as follows: PART 205--NATIONAL ORGANIC PROGRAM 0 1. The authority citation for 7 CFR part 205 continues to read as follows: Authority: 7 U.S.C. 6501-6522. Sec. 205.601 [Amended] 0 2. Section 205.601 is amended by removing paragraphs (i)(11) and (i)(12). Sec. 205.606 [Amended] 0 3. Section 205.606 is amended by removing paragraph (g) and redesignating paragraphs (h) through (z) as (g) through (y). Dated: July 27, 2015. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2015-18699 Filed 7-29-15; 8:45 am] BILLING CODE 3410-02-P
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Proposed Rules Federal Register
Vol. 80, No. 146
Thursday, July 30, 2015
This section of the FEDERAL REGISTER Instructions: All submissions received regulations, were published December
contains notices to the public of the proposed must include the docket number AMS– 21, 2000 (65 FR 80548), and became
issuance of rules and regulations. The NOP–15–0015; NOP–15–07, and/or effective on October 21, 2002. Through
purpose of these notices is to give interested Regulatory Information Number (RIN) these regulations, the AMS oversees
persons an opportunity to participate in the XXXX–XXXX for this rulemaking. You national standards for the production,
rule making prior to the adoption of the final
rules.
should clearly indicate the topic and handling, and labeling of organically
section number of this proposed rule to produced agricultural products. Since
which your comment refers. You should becoming fully effective, the USDA
DEPARTMENT OF AGRICULTURE clearly indicate whether you support organic regulations have been frequently
the action being proposed for the amended, mostly for changes to the
Agricultural Marketing Service substances in this proposed rule. You National List in 7 CFR 205.601–205.606.
should clearly indicate the reason(s) for This National List identifies the
7 CFR Part 205 your position. You should also supply synthetic substances that may be used
information on alternative management and the nonsynthetic substances that
[Document Number AMS–NOP–15–0015; practices, where applicable, that may not be used in organic production.
NOP–15–07]
support alternatives to the proposed The National List also identifies
RIN 0581–AD39 action. You should also offer any synthetic, nonsynthetic nonagricultural,
recommended language change(s) that and nonorganic agricultural substances
National Organic Program (NOP); would be appropriate to your position. that may be used in organic handling.
Sunset 2015 Amendments to the Please include relevant information and The OFPA and the USDA organic
National List data to support your position (e.g. regulations, as indicated in § 205.105,
scientific, environmental, specifically prohibit the use of any
AGENCY: Agricultural Marketing Service, manufacturing, industry, impact synthetic substance in organic
USDA. information, etc.). Only relevant production and handling unless the
ACTION: Proposed rule. material supporting your position synthetic substance is on the National
should be submitted. All comments List. Section 205.105 also requires that
SUMMARY: This proposed rule would received and any relevant background any nonorganic agricultural substance
address recommendations submitted to documents will be posted without and any nonsynthetic nonagricultural
the Secretary of Agriculture (Secretary) change to http://www.regulations.gov. substance used in organic handling
by the National Organic Standards Document: For access to the appear on the National List.
Board (NOSB) following their October document and to read background As stipulated by the OFPA,
2014 meeting. These recommendations documents or comments received, go to recommendations to propose
pertain to the 2015 Sunset Review of http://www.regulations.gov. Comments amendment of the National List are
substances on the U.S. Department of submitted in response to this proposed developed by the 15 member NOSB,
Agriculture’s (USDA) National List of rule will also be available for viewing in organized under the Federal Advisory
Allowed and Prohibited Substances person at USDA–AMS, National Organic Committee Act (5 U.S.C. App. 2 et seq.)
(National List). Consistent with the Program, Room 2642–South Building, to assist in the evaluation of substances
recommendations from the NOSB, this 1400 Independence Ave. SW., to be used or not used in organic
proposed rule would remove two non- Washington, DC, from 9 a.m. to 12 noon production and handling, and to advise
organic agricultural substances from the and from 1 p.m. to 4 p.m., Monday the Secretary on the USDA organic
National List for use in organic through Friday (except official Federal regulations. The OFPA also requires a
handling, fortified cooking wines— holidays). Persons wanting to visit the sunset review of all substances included
marsala wine and sherry wine. This USDA South Building to view on the National List within five years of
proposed rule would also remove two comments received in response to this their addition to or renewal on the list.
listings for synthetic substances allowed proposed rule are requested to make an If a listed substance is not reviewed by
for use in organic crop production on appointment in advance by calling (202) the NOSB and renewed by the USDA
the National List, streptomycin and 720–3252. within the five year period, its
tetracycline, as their use exemptions FOR FURTHER INFORMATION CONTACT: allowance or prohibition on the
expired on October 21, 2014. Robert Pooler, Standards Division, National List is no longer in effect.
DATES: Comments must be received by Telephone: (202) 720–3252; Fax: (202) Under the authority of the OFPA, the
August 31, 2015. 205–7808. Secretary can amend the National List
ADDRESSES: Interested persons may SUPPLEMENTARY INFORMATION: through rulemaking based upon
comment on the proposed rule using the proposed amendments recommended by
following procedures: I. Background the NOSB.
• Federal eRulemaking Portal: http://
Lhorne on DSK7TPTVN1PROD with PROPOSALS
The National Organic Program (NOP) The NOSB’s recommendations to
www.regulations.gov. Follow the is authorized by the Organic Foods continue existing exemptions and
instructions for submitting comments. Production Act of 1990 (OFPA), as prohibitions are based on consideration
• Mail: Robert Pooler, Standards amended (7 U.S.C. 6501–6522). The of public comments and applicable
Division, National Organic Program, USDA Agricultural Marketing Service supporting evidence that express a
USDA–AMS–NOP, 1400 Independence (AMS) administers the NOP. Final continued need for the use or
Ave. SW., Room 2642–So., Ag Stop regulations implementing the NOP, also prohibition of the substance(s) as
0268, Washington, DC 20250–0268. referred to as the USDA organic required by the OFPA.
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![45452 Federal Register / Vol. 80, No. 146 / Thursday, July 30, 2015 / Proposed Rules
to compete in the market. The purpose over 2013 sales.2 In addition, the USDA For the reasons set forth in the
of the RFA is to fit regulatory actions to has 80 accredited certifying agents who preamble, 7 CFR part 205 is amended as
the scale of businesses subject to the provide certification services to follows:
action. Section 605 of the RFA allows an producers and handlers. A complete list
agency to certify a rule, in lieu of of names and addresses of accredited PART 205—NATIONAL ORGANIC
preparing an analysis, if the rulemaking certifying agents may be found on the PROGRAM
is not expected to have a significant AMS NOP Web site, at http://
economic impact on a substantial www.ams.usda.gov/nop. AMS believes ■ 1. The authority citation for 7 CFR
number of small entities. that most of these accredited certifying part 205 continues to read as follows:
Pursuant to the requirements set forth agents would be considered small Authority: 7 U.S.C. 6501–6522.
in the RFA, AMS performed an entities under the criteria established by
the SBA. Certifying agents reported § 205.601 [Amended]
economic impact analysis on small
entities in the final rule published in the 27,810 certified operations worldwide ■ 2. Section 205.601 is amended by
Federal Register on December 21, 2000 in 2014. removing paragraphs (i)(11) and (i)(12).
(65 FR 80548). AMS has also considered D. Paperwork Reduction Act § 205.606 [Amended]
the economic impact of this action on
No additional collection or ■ 3. Section 205.606 is amended by
small entities. The impact on entities
recordkeeping requirements are removing paragraph (g) and
affected by this proposed rule would not
imposed on the public by this proposed redesignating paragraphs (h) through (z)
be significant. The effect of this
rule. Accordingly, OMB clearance is not as (g) through (y).
proposed rule would be to prohibit the
use of two non-organic agricultural required by section 350(h) of the Dated: July 27, 2015.
products that may be available in Paperwork Reduction Act of 1995, 44 Rex A. Barnes,
organic form for use in organic U.S.C. 3501, Chapter 35, or OMB’s Associate Administrator, Agricultural
processed products. AMS concludes implementing regulations at 5 CFR part Marketing Service.
that the economic impact of removing 1320. [FR Doc. 2015–18699 Filed 7–29–15; 8:45 am]
the nonorganic agricultural products, E. Executive Order 13175 BILLING CODE 3410–02–P
marsala wine and sherry wine, would be
minimal to small agricultural firms This proposed rule has been reviewed
since organic form of these agricultural in accordance with the requirements of DEPARTMENT OF ENERGY
products or organic forms of alternative Executive Order 13175, Consultation
agricultural products may be and Coordination with Indian Tribal 10 CFR Part 430
commercially available and, as such, Governments. The review reveals that
this regulation will not have substantial [Docket No. EERE–2014–BT–STD–0005]
their nonorganic forms are proposed to
be removed from the National List and direct effects on Tribal governments RIN 1904–AD15
under this rule. Accordingly, AMS and will not have significant Tribal
certifies that this rule will not have a implications. Energy Conservation Program: Energy
significant economic impact on a Conservation Standards for
F. General Notice of Public Rulemaking Residential Conventional Ovens
substantial number of small entities.
Small agricultural service firms, This proposed rule reflects AGENCY: Office of Energy Efficiency and
which include producers, handlers, and recommendations submitted to the Renewable Energy, Department of
accredited certifying agents, have been Secretary by the NOSB for substances Energy.
defined by the Small Business on the National List of Allowed and
Prohibited Substances that, under the ACTION: Extension of public comment
Administration (SBA) (13 CFR 121.201)
Sunset review provisions of OFPA, period.
as those having annual receipts of less
than $7,000,000 and small agricultural would otherwise expire on December SUMMARY: On June 10, 2015, the U.S.
producers are defined as those having 14, 2015. A 30-day period for interested Department of Energy (DOE) published
annual receipts of less than $750,000. persons to comment on this rule is a notice of proposed rulemaking (NOPR)
According to USDA, National provided. Thirty days is deemed and public meeting regarding energy
Agricultural Statistics Service (NASS), appropriate because the review of these conservation standards for residential
certified organic acreage exceeded 3.5 listings was widely publicized through conventional ovens in the Federal
million acres in 2011.1 According to two NOSB meeting notices; the use or Register. 80 FR 33030 This document
NOP’s Accreditation and International prohibition of these substances, as announces an extension of the public
Activities Division, the number of applicable, are critical to organic comment period for submitting
certified U.S. organic crop and livestock production and handling; and this comments on the NOPR. The comment
operations totaled over 19,470 in 2014. rulemaking must be completed before period is extended to September 9,
The list of certified operations is the sunset date of December 14, 2015. 2015.
available on the NOP Web site at http:// List of Subjects in 7 CFR Part 205 DATES: DOE will accept comments, data,
apps.ams.usda.gov/nop/. AMS believes
Administrative practice and and information regarding this
that most of these entities would be
procedure, Agriculture, Animals, rulemaking received no later than
considered small entities under the
September 9, 2015.
Lhorne on DSK7TPTVN1PROD with PROPOSALS
criteria established by the SBA. U.S. Archives and records, Imports, Labeling,
sales of organic food and non-food have Organically produced products, Plants, ADDRESSES: Interested persons may
grown from $1 billion in 1990 to $39.1 Reporting and recordkeeping submit comments, identified by docket
billion in 2014, an 11.3 percent growth requirements, Seals and insignia, Soil number EERE–2014–BT–STD–0005, by
conservation. any of the following methods:
1 U.S. Department of Agriculture, National • Federal eRulemaking Portal:
Agricultural Statistics Service. October 2012. 2011 2 Organic Trade Association. 2014. Organic www.regulations.gov. Follow the
Certified Organic Productions Survey. Industry Survey. www.ota.com. instructions for submitting comments.
VerDate Sep<11>2014 13:52 Jul 29, 2015 Jkt 235001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\30JYP1.SGM 30JYP1](https://thefederalregister.org/doc/80_FR_45595/page/4.svg)
Document Created: 2018-02-23 09:29:46
Document Modified: 2018-02-23 09:29:46
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by August 31, 2015. | |
| Contact | Robert Pooler, Standards Division, Telephone: (202) 720-3252; Fax: (202) 205-7808. | |
| FR Citation | 80 FR 45449 | |
| RIN Number | 0581-AD39 | |
| CFR Associated | Administrative Practice and Procedure; Agriculture; Animals; Archives and Records; Imports; Labeling; Organically Produced Products; Plants; Reporting and Recordkeeping Requirements; Seals and Insignia and Soil Conservation |
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