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)

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, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2837-2838]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00862]


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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.

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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public comment on a draft guidance document addressing Natural 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\
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    \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.
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    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