81 FR 2837 - National Organic Program: Notice of Final Guidance for Accredited Certifying Agents and Certified Operations on Natural Resources and Biodiversity Conservation
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 11 (January 19, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 11 (January 19, 2016)
| Page Range | 2837-2838 | |
| FR Document | 2016-00862 |
[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)] [Notices] [Pages 2837-2838] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-00862] ======================================================================== 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. 11 / Tuesday, January 19, 2016 / Notices [[Page 2837]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. AMS-NOP-14-0062; NOP-14-01] National Organic Program: Notice of Final Guidance for Accredited Certifying Agents and Certified Operations on Natural Resources and Biodiversity Conservation AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice of availability of final guidance. ----------------------------------------------------------------------- SUMMARY: The National Organic Program (NOP) is announcing the availability of a final guidance document intended for use by accredited certifying agents and certified operations. The guidance document is entitled: Natural Resources and Biodiversity Conservation (NOP 5020). This guidance document is intended to inform the public of NOP's current thinking on this topic. DATES: The final guidance document announced by this notice is effective on January 20, 2016. FOR FURTHER INFORMATION CONTACT: Paul Lewis, Ph.D., Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2642-S., Ag Stop 0268, Washington, DC 20250-0268. Telephone: (202) 720-3252, Email: PaulI.Lewis@ams.usda.gov; Telephone: (202) 260-9294. SUPPLEMENTARY INFORMATION: I. Background On December 29, 2014, the National Organic Program (NOP) published in the Federal Register a notice of availability with request for public comment on a draft guidance document addressing Natural Resources and Biodiversity Conservation for Certified Organic Operations and Accredited Certifying Agents (ACA's) (79 FR 78025). The NOP selected the topic for the draft guidance in response to a May 2009 National Organic Standards Board (NOSB) request that AMS clarify the requirements and limitations codified at 7 CFR 205.200.\1\ --------------------------------------------------------------------------- \1\ NOSB Recommendation: Implementation of Biodiversity Conservation in Organic Agriculture Systems. Issued on March 5, 2009. Available on the NOP Web site at: http://www.ams.usda.gov/sites/default/files/media/NOP%20Final%20Rec%20Biodiversity.pdf. --------------------------------------------------------------------------- The general natural resources and biodiversity conservation requirement of the U.S. Department of Agriculture (USDA) organic regulations at 7 CFR 205.200 requires operations to ``maintain or improve the natural resources of the operation, including soil and water quality.'' Section 205.2 of the regulations defines ``natural resources of the operation'' as the ``physical, hydrological, and biological features of a production operation, including soil, water, wetlands, woodlands, and wildlife.'' The May 2009 NOSB recommendation asked the NOP to establish: (1) Consistent discussion and review of biodiversity protection and enhancement in all certified operations' organic system plans; (2) increased education and information for certified operations, inspectors, and certifiers; (3) uniformity of inspection and certification procedures with regard to how certified operations implement the biodiversity standards; (4) incorporation of biodiversity standards into the procedures for accreditation and certifier audits; and (5) use of materials evaluation criteria that foster consideration of biodiversity conservation when adding or deleting materials from the National List of Allowed and Prohibited Substances. The draft NOP guidance can be viewed on the NOP Web site at http://www.ams.usda.gov/sites/default/files/media/NOP-5020.pdf. The 60- day comment period closed on February 27, 2015. NOP received approximately 964 individual comments on the draft guidance document. Based upon the comments received, the NOP revised and is publishing a final guidance document on Natural Resources and Biodiversity Conservation (NOP 5020). The guidance document includes an appendix (NOP 5020-1) where the NOP provides a complete discussion of the comments received and the rationale behind any changes made to the guidance documents. This final guidance provides examples of production practices that support conservation principles and demonstrate compliance with 7 CFR 205.200. This guidance also clarifies: (1) The certified organic operator's responsibility to select, carry out, and record production practices that ``maintain or improve the natural resources of the operation;'' (2) the accredited certifying agent's (certifier) responsibility to verify operator compliance with this requirement; and (3) how domestic organic operations that participate in a USDA Natural Resources Conservation Service (NRCS) program and the NOP can reduce their paperwork burdens. This final guidance is available from the NOP through ``The Program Handbook: Guidance and Instructions for Accredited Certifying Agents (ACAs) 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/rules-regulations/organic/handbook. II. Significance of Guidance This final guidance document is being issued in accordance with the Office of Management and Budget (OMB) Bulletin on Agency Good Guidance Practices (GGPs) (January 25, 2007, 72 FR 3432-3440). The purpose of GGPs is to ensure that program guidance documents are developed with adequate public participation, are readily available to the public, and are not applied as binding requirements. This guidance represents the NOP's current thinking on the topic. It does not create or confer any rights for, or on, any person and does not operate to bind the NOP or the public. Guidance documents are intended to provide a uniform method for operations to comply with the Organic Foods Production Act (OFPA) and the USDA organic regulations that can reduce the burden of developing their own methods and simplify audits and inspections. Alternative approaches that can demonstrate compliance with the OFPA, as amended (7 U.S.C. 6501- [[Page 2838]] 6522), and its implementing regulations are also acceptable. As with any alternative compliance approach, the NOP strongly encourages industry to discuss alternative approaches with the NOP before implementing them to avoid unnecessary or wasteful expenditures of resources, and to ensure the proposed alternative approach complies with the OFPA and its implementing regulations. Electronic Access Persons with access to Internet may obtain the final guidance at the NOP's Web site at http://www.ams.usda.gov/nop. Request for hard copies of the final guidance document can be obtained by submitting a written request to the person listed in the FOR FURTHER INFORMATION CONTACT section of this Notice. Authority: 7 U.S.C. 6501-6522. Dated: January 13, 2016. Erin Morris, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2016-00862 Filed 1-15-16; 8:45 am] BILLING CODE 3410-02-P
![2837
Notices Federal Register
Vol. 81, No. 11
Tuesday, January 19, 2016
This section of the FEDERAL REGISTER selected the topic for the draft guidance comments received and the rationale
contains documents other than rules or in response to a May 2009 National behind any changes made to the
proposed rules that are applicable to the Organic Standards Board (NOSB) guidance documents.
public. Notices of hearings and investigations, request that AMS clarify the This final guidance provides
committee meetings, agency decisions and requirements and limitations codified at examples of production practices that
rulings, delegations of authority, filing of
petitions and applications and agency
7 CFR 205.200.1 support conservation principles and
statements of organization and functions are The general natural resources and demonstrate compliance with 7 CFR
examples of documents appearing in this biodiversity conservation requirement 205.200. This guidance also clarifies: (1)
section. of the U.S. Department of Agriculture The certified organic operator’s
(USDA) organic regulations at 7 CFR responsibility to select, carry out, and
205.200 requires operations to record production practices that
DEPARTMENT OF AGRICULTURE ‘‘maintain or improve the natural ‘‘maintain or improve the natural
resources of the operation, including resources of the operation;’’ (2) the
Agricultural Marketing Service soil and water quality.’’ Section 205.2 of accredited certifying agent’s (certifier)
[Doc. No. AMS–NOP–14–0062; NOP–14–01] the regulations defines ‘‘natural responsibility to verify operator
resources of the operation’’ as the compliance with this requirement; and
National Organic Program: Notice of ‘‘physical, hydrological, and biological (3) how domestic organic operations
Final Guidance for Accredited features of a production operation, that participate in a USDA Natural
Certifying Agents and Certified including soil, water, wetlands, Resources Conservation Service (NRCS)
Operations on Natural Resources and woodlands, and wildlife.’’ The May program and the NOP can reduce their
Biodiversity Conservation 2009 NOSB recommendation asked the paperwork burdens. This final guidance
NOP to establish: (1) Consistent is available from the NOP through ‘‘The
AGENCY: Agricultural Marketing Service, discussion and review of biodiversity Program Handbook: Guidance and
USDA. protection and enhancement in all Instructions for Accredited Certifying
ACTION: Notice of availability of final certified operations’ organic system Agents (ACAs) and Certified
guidance. plans; (2) increased education and Operations’’. This Handbook provides
information for certified operations, those who own, manage, or certify
SUMMARY: The National Organic
inspectors, and certifiers; (3) uniformity organic operations with guidance and
Program (NOP) is announcing the
of inspection and certification instructions that can assist them in
availability of a final guidance
procedures with regard to how certified complying with the USDA organic
document intended for use by
operations implement the biodiversity regulations. The current edition of the
accredited certifying agents and
standards; (4) incorporation of Program Handbook is available online at
certified operations. The guidance
biodiversity standards into the http://www.ams.usda.gov/rules-
document is entitled: Natural Resources
procedures for accreditation and regulations/organic/handbook.
and Biodiversity Conservation (NOP
certifier audits; and (5) use of materials
5020). This guidance document is II. Significance of Guidance
evaluation criteria that foster
intended to inform the public of NOP’s
consideration of biodiversity This final guidance document is being
current thinking on this topic.
conservation when adding or deleting issued in accordance with the Office of
DATES: The final guidance document materials from the National List of Management and Budget (OMB)
announced by this notice is effective on Allowed and Prohibited Substances. Bulletin on Agency Good Guidance
January 20, 2016. The draft NOP guidance can be viewed Practices (GGPs) (January 25, 2007, 72
FOR FURTHER INFORMATION CONTACT: Paul on the NOP Web site at http:// FR 3432–3440). The purpose of GGPs is
Lewis, Ph.D., Standards Division, www.ams.usda.gov/sites/default/files/ to ensure that program guidance
National Organic Program, USDA– media/NOP–5020.pdf. The 60-day documents are developed with adequate
AMS–NOP, 1400 Independence Ave. comment period closed on February 27, public participation, are readily
SW., Room 2642–S., Ag Stop 0268, 2015. available to the public, and are not
Washington, DC 20250–0268. NOP received approximately 964 applied as binding requirements. This
Telephone: (202) 720–3252, Email: individual comments on the draft guidance represents the NOP’s current
PaulI.Lewis@ams.usda.gov; Telephone: guidance document. Based upon the thinking on the topic. It does not create
(202) 260–9294. comments received, the NOP revised or confer any rights for, or on, any
SUPPLEMENTARY INFORMATION: and is publishing a final guidance person and does not operate to bind the
document on Natural Resources and NOP or the public. Guidance documents
I. Background Biodiversity Conservation (NOP 5020). are intended to provide a uniform
On December 29, 2014, the National The guidance document includes an method for operations to comply with
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Organic Program (NOP) published in the appendix (NOP 5020–1) where the NOP the Organic Foods Production Act
Federal Register a notice of availability provides a complete discussion of the (OFPA) and the USDA organic
with request for public comment on a regulations that can reduce the burden
draft guidance document addressing 1 NOSB Recommendation: Implementation of of developing their own methods and
Natural Resources and Biodiversity Biodiversity Conservation in Organic Agriculture simplify audits and inspections.
Systems. Issued on March 5, 2009. Available on the
Conservation for Certified Organic NOP Web site at: http://www.ams.usda.gov/sites/
Alternative approaches that can
Operations and Accredited Certifying default/files/media/ demonstrate compliance with the
Agents (ACA’s) (79 FR 78025). The NOP NOP%20Final%20Rec%20Biodiversity.pdf. OFPA, as amended (7 U.S.C. 6501–
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![2838 Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 / Notices
6522), and its implementing regulations standards, methods, and grading Background
are also acceptable. As with any practices, and on potential market needs
alternative compliance approach, the for new standards or services. Under the authority of the United
NOP strongly encourages industry to States Grain Standards Act, as amended,
DATES: Comments must be received on and the Agricultural Marketing Act of
discuss alternative approaches with the
or before April 18, 2016. 1946, as amended, GIPSA establishes
NOP before implementing them to avoid
unnecessary or wasteful expenditures of ADDRESSES: You may submit your standards for grains, oilseeds, rice,
resources, and to ensure the proposed written or electronic comments on this pulses, and related graded and
alternative approach complies with the notice to: processed commodities, regarding kind,
OFPA and its implementing regulations. • Mail: R. Dexter Thomas, GIPSA, class, quality and condition. The
USDA, 1400 Independence Avenue standards facilitate marketing and
Electronic Access define U.S. grain and commodity
SW., Room 2530, Washington, DC
Persons with access to Internet may 20250–3604. quality in the domestic and global
obtain the final guidance at the NOP’s marketplace. The standards define
Web site at http://www.ams.usda.gov/ • Fax: (202) 690–2173 commonly used industry terms; contain
nop. Request for hard copies of the final • Internet: Go to http:// basic principles governing the
guidance document can be obtained by www.regulations.gov and follow the on- application of standards, such as the
submitting a written request to the line instruction for submitting type of sample used for a particular
person listed in the FOR FURTHER comments. quality analysis; specify grades, grade
INFORMATION CONTACT section of this Instructions: All comments will requirements, special grades; and
Notice. become a matter of public record and special grade requirements. Official
Authority: 7 U.S.C. 6501–6522. should be identified as ‘‘U.S. Services procedures for determining grading
Dated: January 13, 2016.
Offered for Grains Notice Comments,’’ factors are provided in GIPSA’s
making reference to the date and page Inspection Handbooks, which also
Erin Morris,
number of this issue of the Federal include standardized procedures for
Associate Administrator, Agricultural Register. All comments received additional quality attributes not used to
Marketing Service.
become the property of the Federal determine grade, such as protein
[FR Doc. 2016–00862 Filed 1–15–16; 8:45 am]
government, are made a part of the content and falling number. Together,
BILLING CODE 3410–02–P
public record, and will generally be the grade standards and inspection
posted to www.regulations.gov without procedures allow buyers and sellers to
change. Comments may also be viewed communicate quality requirements,
DEPARTMENT OF AGRICULTURE
in the above office during regular compare quality using equivalent forms
Grain Inspection, Packers and business hours (7 CFR 1.27(b)). Please of measurement, and assist in price
Stockyards Administration call the GIPSA Management Support discovery.
Staff at (202) 720–6529 to make an GIPSA periodically reviews the
Request for Public Comment on appointment to read comments standards to ensure they reflect
Services Currently Offered or Needed received. If you send a comment marketplace needs. In 2007, when the
To Facilitate the Marketing of Grain directly to GIPSA without going through U.S. ethanol industry was expanding
and Related Products www.regulations.gov, or you submit a rapidly, GIPSA issued an Advance
comment to GIPSA via fax, the Notice of Proposed Rulemaking (ANPR)
AGENCY: Grain Inspection, Packers and originating address or telephone number
Stockyards Administration, USDA. titled ‘‘The Role of USDA in
will be captured automatically and Differentiating Grain Inputs for Ethanol
ACTION: Request for Information. included as part of the comment that is Production and Standardizing Testing of
SUMMARY: The U.S. Department of placed in the public docket and made the Co- Products of Ethanol Production’’
Agriculture’s (USDA) Grain Inspection, available on the Internet. Also, all (72 FR 39762). The ANPR sought
Packers and Stockyards Administration personal identifying information (for comments from the marketplace asking
(GIPSA) is informing the public that it example, name, address, etc.) if there were any additional services
is soliciting comments to ensure that voluntarily submitted by the commenter GIPSA should offer to facilitate the
current services reflect market needs to may be publicly accessible. Do not marketing of ethanol co-products.
facilitate the marketing of grain and submit confidential business Commenters overwhelmingly agreed
related commodities. Specifically, information or otherwise sensitive or that GIPSA should not intervene in
GIPSA is inviting comments from protected information. standardizing testing of ethanol inputs
producers, handlers, processors, food Electronic submissions should avoid and outputs. Commenters did state that
manufacturers, exporters, importers, the use of special characters, avoid any an appropriate role for GIPSA was to
consumers, scientists, academicians, form of encryption, and be free of any continue approving rapid test kits for
industry stakeholders, and other defects or viruses, since these may determining the concentration of
interested persons on how GIPSA can prevent GIPSA from being able to read mycotoxins. Accordingly, GIPSA did
best facilitate the marketing of grains, and understand, and thus consider your not initiate any rulemaking action
oilseeds, rice, pulses, and related comment. related to the matters presented in the
products or products made from them, ANPR. However, GIPSA did agree to
asabaliauskas on DSK5VPTVN1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
including co-products of ethanol Anthony Goodeman at GIPSA, USDA, monitor the industry and remain
production, commonly referred to as 1400 Independence Avenue SW., actively engaged with the ethanol and
distillers’ grains, based on market- Washington, DC, 20250; Telephone co-product markets and to support the
identified quality attributes. To ensure (202)–720–0228; Fax Number (202) 720– industry, as appropriate, in its efforts to
that standards and official grading 1015; email Anthony.T.Goodeman@ successfully market ethanol co-
practices remain relevant in the market, usda.gov. products. Further, GIPSA has continued
GIPSA invites interested parties to to approve rapid test kits for
comment on the relevance of current SUPPLEMENTARY INFORMATION: mycotoxins.
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Document Created: 2016-01-16 01:12:06
Document Modified: 2016-01-16 01:12:06
| 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 of availability of final guidance. | |
| Dates | The final guidance document announced by this notice is effective on January 20, 2016. | |
| Contact | Paul Lewis, Ph.D., Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2642-S., Ag Stop 0268, Washington, DC 20250-0268. Telephone: (202) 720-3252, Email: [email protected]; Telephone: (202) 260-9294. | |
| FR Citation | 81 FR 2837 |
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