81_FR_2848 81 FR 2837 - National Organic Program: Notice of Final Guidance for Accredited Certifying Agents and Certified Operations on Natural Resources and Biodiversity Conservation

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)

Page Range2837-2838
FR Document2016-00862

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.

Federal Register, Volume 81 Issue 11 (Tuesday, January 19, 2016)
[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: [email protected]; 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]
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                                                    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
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                                                    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
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                                                                                                            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
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability of final guidance.
DatesThe final guidance document announced by this notice is effective on January 20, 2016.
ContactPaul 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 Citation81 FR 2837 

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