81 FR 12680 - National Organic Program; Notice of Availability of National List Petition Guidelines
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 47 (March 10, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 47 (March 10, 2016)
| Page Range | 12680-12681 | |
| FR Document | 2016-05399 |
[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)] [Notices] [Pages 12680-12681] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-05399] ======================================================================== Notices Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. ======================================================================== Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices [[Page 12680]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Document Number AMS-NOP-16-0003; NOP-15-09] National Organic Program; Notice of Availability of National List Petition Guidelines AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) National Organic Program (NOP) is announcing the availability of NOP 3011, National List Petition Guidelines. These guidelines apply to petitions that request an amendment to the NOP's National List of Allowed and Prohibited Substances (National List). The 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 the non-organic substances that may be used in organic handling. The National List Petition Guidelines are based upon the May 2, 2014, recommendations of the National Organic Standards Board and modify the information to be included in a petition. This notice also clarifies the information to be submitted for all types of petitions that request amendments to the National List. This notice and NOP 3011 replace the previous petition guidelines that were published in the Federal Register on January 18, 2007 (72 FR 2167). DATES: Effective Date: The petition guidelines announced by this notice of availability are effective on March 11, 2016. ADDRESSES: Petitions should be submitted to National List Manager, USDA-AMS-NOP, 1400 Independence Avenue SW., Room 2642-So., Ag Stop 0268, Washington, DC 20250-0268 or via email to [email protected]. Electronic submission by email is preferred. FOR FURTHER INFORMATION CONTACT: National List Manager, National Organic Program, 1400 Independence Avenue SW., Room 2642-South, STOP 0268; Washington, DC 20250-0268; Telephone (202) 720-3252; Fax: (202) 205-7808. SUPPLEMENTARY INFORMATION: I. Background The Organic Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501 et seq.), authorizes the establishment of the National Organic Program including the National List of Allowed and Prohibited Substances (National List). This National List identifies the synthetic substances that may be used and the nonsynthetic substances that may not be used in organic production, and also identifies the non-organic substances that may be used in organic handling. The OFPA and USDA organic regulations, in section 205.105, specifically prohibit the use of any synthetic substance for organic production and handling unless the synthetic substance is on the National List. Section 205.105 also requires that any non-organic, nonsynthetic substance used in organic handling must also be on the National List. Since the USDA organic regulations became effective on October 21, 2002, the National List has been amended through rulemaking by the National List Petition Process and the National List Sunset Process. The guidelines contained in this notice apply only to the National List Petition Process. The ability for any person to petition to amend the National List is authorized by the OFPA (7 U.S.C. 6518(n)) and the USDA organic regulations, in section 205.607. This authorization provides that any person may petition the National Organic Standards Board (NOSB) for the purpose of having a substance evaluated by the NOSB for recommendation to the Secretary for inclusion on or removal from the National List. The NOSB is authorized to review petitions under specified evaluation criteria in OFPA (7 U.S.C. 6518(m)), and forward recommendations for amending the National List to the Secretary. At its April 29-May 2, 2014, public meeting in San Antonio, Texas, the NOSB issued two recommendations concerning the National List petition process. This notice announces the availability of revised petition guidelines which are based upon these NOSB recommendations. II. NOSB Recommendations Confidential Business Information The NOSB issued a recommendation at its April 29-May 2, 2014, public meeting addressing the inclusion of confidential business information (CBI) in petitions.\1\ The NOSB recommended that the National List petition process be revised to eliminate the provision for confidential business information. The NOSB indicated the importance of transparency in the petition process, the right of the public to fully know the materials included in or on certified organic products, and the potential for an untenable administrative burden of management of CBI. AMS has reviewed the recommendation and has accepted the recommendation. The updated petition guidelines do not contain the previous provision that allowed for the submission of confidential business information by petitioners. --------------------------------------------------------------------------- \1\ NOSB Recommendation, Confidential Business Information in Petitions, May 2, 2014. Available on the NOP Web site at http://www.ams.usda.gov/sites/default/files/media/NOP%20Materials%20Final%20Rec%20Confidential%20Business%20Info.pdf. --------------------------------------------------------------------------- Update of Petition Process The NOSB also issued a recommendation at its April 29-May 2, 2014, public meeting that addressed other changes to the petition and technical review process.\2\ The NOSB recommended several updates to clarify how to submit complete petitions, explain to petitioners what to expect in the petition process, make the review process for the NOSB clearer and more consistent, and provide transparency about these processes to the public. AMS has reviewed the recommendation and has updated the current guidelines to align with the NOSB recommendation. Updates in the NOSB recommendation that pertain to parts of [[Page 12681]] the NOSB Policy and Procedures Manual and Technical Review Process will be addressed through separate actions. The changes affecting the National List petition guidelines include the following: (1) Requesting the petitioners indicate the OFPA category for substances used in organic production; (2) abbreviated requirements for petitions that request a change to annotations for substances already listed; (3) elimination of references to Confidential Business Information; (4) clarification of requirements for petitions requesting the addition, removal, or amendment of an annotation for a listed substance; and (5) other language changes for clarity. As part of the revision to the petition guidelines, NOP has also included within NOP 3011 answers to common questions about the petition process, such as the role of the NOP, role of the NOSB, and the criteria used to evaluate petitions. --------------------------------------------------------------------------- \2\ NOSB Recommendation, Update of the Petition and Technical Review Process, May 2, 2014. Available on the NOP Web site at http://www.ams.usda.gov/sites/default/files/media/NOP%20Materials%20Final%20Rec%20Update%20on%20Petition%20and%20TR%20Process.pdf. --------------------------------------------------------------------------- III. Availability of National List Petition Guidelines The procedure document titled ``National List Petition Guidelines'' (NOP 3011) is now available from the NOP through ``The Program Handbook: Guidance and Instructions for Certifying Agents and Certified Operations.'' This Handbook provides those who own, manage, or certify organic operations with guidance and instructions that can assist them in complying with the USDA organic regulations. The current edition of the Program Handbook is available online at http://www.ams.usda.gov/. IV. Electronic Access Persons with access to Internet may obtain the petition guidelines at the NOP's Web site at http://www.ams.usda.gov/nop. Requests for hard copies of the petition guidelines can be obtained by submitting a written request to the person listed in the ADDRESSES section of this Notice. Authority: 7 U.S.C. 6501-6522. Dated: March 3, 2016. Elanor Starmer, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2016-05399 Filed 3-9-16; 8:45 am] BILLING CODE 3410-02-P
![12680
Notices Federal Register
Vol. 81, No. 47
Thursday, March 10, 2016
This section of the FEDERAL REGISTER via email to nosb@ams.usda.gov. At its April 29–May 2, 2014, public
contains documents other than rules or Electronic submission by email is meeting in San Antonio, Texas, the
proposed rules that are applicable to the preferred. NOSB issued two recommendations
public. Notices of hearings and investigations, concerning the National List petition
committee meetings, agency decisions and FOR FURTHER INFORMATION CONTACT:
process. This notice announces the
rulings, delegations of authority, filing of National List Manager, National Organic
petitions and applications and agency
availability of revised petition
Program, 1400 Independence Avenue
statements of organization and functions are guidelines which are based upon these
SW., Room 2642–South, STOP 0268;
examples of documents appearing in this NOSB recommendations.
Washington, DC 20250–0268;
section. II. NOSB Recommendations
Telephone (202) 720–3252; Fax: (202)
205–7808.
Confidential Business Information
DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION:
The NOSB issued a recommendation
I. Background at its April 29–May 2, 2014, public
Agricultural Marketing Service
meeting addressing the inclusion of
[Document Number AMS–NOP–16–0003; The Organic Foods Production Act of confidential business information (CBI)
NOP–15–09] 1990 (OFPA), as amended (7 U.S.C. in petitions.1 The NOSB recommended
6501 et seq.), authorizes the that the National List petition process be
National Organic Program; Notice of establishment of the National Organic revised to eliminate the provision for
Availability of National List Petition Program including the National List of confidential business information. The
Guidelines Allowed and Prohibited Substances NOSB indicated the importance of
(National List). This National List transparency in the petition process, the
AGENCY: Agricultural Marketing Service, identifies the synthetic substances that
USDA. right of the public to fully know the
may be used and the nonsynthetic materials included in or on certified
ACTION: Notice. substances that may not be used in organic products, and the potential for
organic production, and also identifies an untenable administrative burden of
SUMMARY: The Agricultural Marketing
the non-organic substances that may be management of CBI. AMS has reviewed
Service (AMS) National Organic
used in organic handling. The OFPA the recommendation and has accepted
Program (NOP) is announcing the
and USDA organic regulations, in the recommendation. The updated
availability of NOP 3011, National List
section 205.105, specifically prohibit petition guidelines do not contain the
Petition Guidelines. These guidelines
the use of any synthetic substance for previous provision that allowed for the
apply to petitions that request an
organic production and handling unless submission of confidential business
amendment to the NOP’s National List
the synthetic substance is on the information by petitioners.
of Allowed and Prohibited Substances
National List. Section 205.105 also
(National List). The National List Update of Petition Process
requires that any non-organic,
identifies the synthetic substances that
nonsynthetic substance used in organic The NOSB also issued a
may be used and the nonsynthetic
handling must also be on the National recommendation at its April 29–May 2,
substances that may not be used in
List. Since the USDA organic 2014, public meeting that addressed
organic production. The National List
regulations became effective on October other changes to the petition and
also identifies the non-organic
21, 2002, the National List has been technical review process.2 The NOSB
substances that may be used in organic
amended through rulemaking by the recommended several updates to clarify
handling. The National List Petition
National List Petition Process and the how to submit complete petitions,
Guidelines are based upon the May 2,
National List Sunset Process. The explain to petitioners what to expect in
2014, recommendations of the National
guidelines contained in this notice the petition process, make the review
Organic Standards Board and modify
apply only to the National List Petition process for the NOSB clearer and more
the information to be included in a
Process. consistent, and provide transparency
petition. This notice also clarifies the
information to be submitted for all types The ability for any person to petition about these processes to the public.
of petitions that request amendments to to amend the National List is authorized AMS has reviewed the recommendation
the National List. This notice and NOP by the OFPA (7 U.S.C. 6518(n)) and the and has updated the current guidelines
3011 replace the previous petition USDA organic regulations, in section to align with the NOSB
guidelines that were published in the 205.607. This authorization provides recommendation. Updates in the NOSB
Federal Register on January 18, 2007 that any person may petition the recommendation that pertain to parts of
(72 FR 2167). National Organic Standards Board
(NOSB) for the purpose of having a 1 NOSB Recommendation, Confidential Business
DATES: Effective Date: The petition
substance evaluated by the NOSB for Information in Petitions, May 2, 2014. Available on
guidelines announced by this notice of the NOP Web site at http://www.ams.usda.gov/
mstockstill on DSK4VPTVN1PROD with NOTICES
recommendation to the Secretary for
availability are effective on March 11, inclusion on or removal from the
sites/default/files/media/NOP%20Materials
2016. %20Final%20Rec%20Confidential%20Business
National List. The NOSB is authorized %20Info.pdf.
ADDRESSES: Petitions should be to review petitions under specified 2 NOSB Recommendation, Update of the Petition
submitted to National List Manager, evaluation criteria in OFPA (7 U.S.C. and Technical Review Process, May 2, 2014.
Available on the NOP Web site at http://
USDA–AMS–NOP, 1400 Independence 6518(m)), and forward www.ams.usda.gov/sites/default/files/media/
Avenue SW., Room 2642–So., Ag Stop recommendations for amending the NOP%20Materials%20Final%20Rec%20Update
0268, Washington, DC 20250–0268 or National List to the Secretary. %20on%20Petition%20and%20TR%20Process.pdf.
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![Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 / Notices 12681
the NOSB Policy and Procedures DEPARTMENT OF AGRICULTURE Title: Importation of Sand Pears From
Manual and Technical Review Process China.
will be addressed through separate Animal and Plant Health Inspection OMB Control Number: 0579–0390.
actions. The changes affecting the Service Type of Request: Revision to and
National List petition guidelines include extension of approval of an information
the following: (1) Requesting the [Docket No. APHIS–2015–0106] collection.
Abstract: The Plant Protection Act
petitioners indicate the OFPA category Notice of Request for Revision to and (PPA, 7 U.S.C. 7701 et seq.) authorizes
for substances used in organic Extension of Approval of an the Secretary of Agriculture to restrict
production; (2) abbreviated Information Collection; Importation of the importation, entry, or interstate
requirements for petitions that request a Sand Pears From China movement of plants, plant products, and
change to annotations for substances other articles to prevent the
already listed; (3) elimination of AGENCY: Animal and Plant Health introduction of plant pests into the
references to Confidential Business Inspection Service, USDA. United States or their dissemination
Information; (4) clarification of ACTION: Revision to and extension of within the United States. Regulations
requirements for petitions requesting approval of an information collection; authorized by the PPA concerning the
the addition, removal, or amendment of comment request. importation of fruits and vegetables into
an annotation for a listed substance; and the United States from certain parts of
SUMMARY: In accordance with the
(5) other language changes for clarity. the world are contained in ‘‘Subpart—
Paperwork Reduction Act of 1995, this
As part of the revision to the petition Fruits and Vegetables’’ (7 CFR 319.56–
notice announces the Animal and Plant
guidelines, NOP has also included 1 through 319.56–74).
Health Inspection Service’s intention to Section 319.56–57 of the regulations
within NOP 3011 answers to common request a revision to and extension of
questions about the petition process, provides the requirements for the
approval of an information collection importation of sand pears from China
such as the role of the NOP, role of the associated with the regulations for the
NOSB, and the criteria used to evaluate into the United States. The regulations
importation of sand pears from China require the use of information collection
petitions. into the United States. activities, including test and
III. Availability of National List Petition DATES: We will consider all comments certification of propagative material,
Guidelines that we receive on or before May 9, trapping system, operational workplan,
2016. recordkeeping, production site
The procedure document titled registration, inspection of registered
ADDRESSES: You may submit comments
‘‘National List Petition Guidelines’’ by either of the following methods: production sites, investigation for
(NOP 3011) is now available from the • Federal eRulemaking Portal: Go to recertification of production sites,
NOP through ‘‘The Program Handbook: http://www.regulations.gov/ packinghouse registration and
Guidance and Instructions for Certifying #!docketDetail;D=APHIS-2015-0106. inspection, packinghouse tracking
Agents and Certified Operations.’’ This • Postal Mail/Commercial Delivery: system, certification of treatment and
Handbook provides those who own, Send your comment to Docket No. review of treatment records, handling
manage, or certify organic operations APHIS–2015–0106, Regulatory Analysis procedures, notification of detections by
with guidance and instructions that can and Development, PPD, APHIS, Station registered production sites and
assist them in complying with the 3A–03.8, 4700 River Road Unit 118, packinghouses, audits, monitoring of
USDA organic regulations. The current Riverdale, MD 20737–1238. treatment, mitigation measures at
edition of the Program Handbook is Supporting documents and any production sites and packinghouses,
available online at http:// comments we receive on this docket labeling, numbered seals, and
www.ams.usda.gov/. may be viewed at http:// phytosanitary certificates with an
www.regulations.gov/ additional declaration.
IV. Electronic Access #!docketDetail;D=APHIS-2015-0106 or When comparing the regulations to
in our reading room, which is located in the information collection activities that
Persons with access to Internet may were previously approved, we found
obtain the petition guidelines at the room 1141 of the USDA South Building,
14th Street and Independence Avenue that several of the information
NOP’s Web site at http:// collection activities above were not
SW., Washington, DC. Normal reading
www.ams.usda.gov/nop. Requests for included. We have adjusted the overall
room hours are 8 a.m. to 4:30 p.m.,
hard copies of the petition guidelines estimates of burden accordingly.
Monday through Friday, except
can be obtained by submitting a written We are asking the Office of
holidays. To be sure someone is there to
request to the person listed in the help you, please call (202) 799–7039 Management and Budget (OMB) to
ADDRESSES section of this Notice. approve our use of these information
before coming.
Authority: 7 U.S.C. 6501–6522. collection activities, as described, for an
FOR FURTHER INFORMATION CONTACT: For
additional 3 years.
Dated: March 3, 2016. information on the regulations for the The purpose of this notice is to solicit
Elanor Starmer, importation of sand pears from China, comments from the public (as well as
contact Mr. Marc Philips, Senior affected agencies) concerning our
Acting Administrator, Agricultural Marketing
Regulatory Policy Specialist, RCC, IRM, information collection. These comments
Service.
PHP, PPQ, APHIS, 4700 River Road Unit
mstockstill on DSK4VPTVN1PROD with NOTICES
[FR Doc. 2016–05399 Filed 3–9–16; 8:45 am] will help us:
133, Riverdale, MD 20737; (301) 851– (1) Evaluate whether the collection of
BILLING CODE 3410–02–P 2114. For copies of more detailed information is necessary for the proper
information on the information performance of the functions of the
collection, contact Ms. Kimberly Hardy, Agency, including whether the
APHIS’ Information Collection information will have practical utility;
Coordinator, at (301) 851–2727. (2) Evaluate the accuracy of our
SUPPLEMENTARY INFORMATION: estimate of the burden of the collection
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Document Created: 2018-02-02 15:12:05
Document Modified: 2018-02-02 15:12:05
| 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 | Notices | |
| Action | Notice. | |
| Dates | Effective Date: The petition guidelines announced by this notice of availability are effective on March 11, 2016. | |
| Contact | National List Manager, National Organic Program, 1400 Independence Avenue SW., Room 2642-South, STOP 0268; Washington, DC 20250-0268; Telephone (202) 720-3252; Fax: (202) 205-7808. | |
| FR Citation | 81 FR 12680 |
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