81 FR 59521 - National Organic Program: Notice of Interim Instruction on Material Review
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 81, Issue 168 (August 30, 2016)
Agricultural Marketing Service
Federal Register Volume 81, Issue 168 (August 30, 2016)
| Page Range | 59521-59522 | |
| FR Document | 2016-20806 |
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)] [Proposed Rules] [Pages 59521-59522] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-20806] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS-NOP-16-0069; NOP-16-08] National Organic Program: Notice of Interim Instruction on Material Review AGENCY: Agricultural Marketing Service, USDA. ACTION: Notice of availability of interim instruction with request for comments. ----------------------------------------------------------------------- SUMMARY: The Agricultural Marketing Service (AMS) is announcing the availability of an interim instruction document intended for use by accredited certifying agents. The interim instruction document is entitled: NOP 3012: Material Review. This instruction specifies the criteria and process that USDA accredited organic certifying agents (certifiers) must follow when approving substances for use in organic production and handling. This instruction is directed at certifiers, who must meet certain terms and conditions as part of their accreditation. The AMS invites interested parties to submit comments about this instruction document. DATES: To ensure that NOP considers your comment on this interim instruction before it begins work on the final version, submit written comments on the interim instruction by October 31, 2016. ADDRESSES: Submit written requests for hard copies of this interim instruction to Dr. Paul Lewis, Standards Division, National Organic Program (NOP), [[Page 59522]] USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268. See the SUPPLEMENTARY INFORMATION section for electronic access to the interim instruction document. You may submit comments, identified by AMS-NOP-16-0069; NOP-16-08, by any of the following methods:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Dr. Paul Lewis, Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268. Instructions: Written comments responding to this request should be identified with the document number AMS-NOP-16-0069; NOP-16-08. You should clearly indicate your position and the reasons supporting your position. If you are suggesting changes to the interim instruction document, you should include recommended language changes, as appropriate, along with any relevant supporting documentation. USDA intends to make available all comments, including names and addresses when provided, regardless of submission procedure used, on www.regulations.gov and at USDA, AMS, NOP, Room 2646--South building, 1400 Independence Ave. SW., Washington, DC, from 9 a.m. to noon and from 1 to 4 p.m., Monday through Friday (except official Federal holidays). Persons wanting to visit the USDA South building to view comments from the public to this notice are requested to make an appointment by calling (202) 720-3252. FOR FURTHER INFORMATION CONTACT: Dr. Paul Lewis, Standards Director, National Organic Program (NOP), USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268; Telephone: (202) 720-3252; Fax: (202) 205-7808; Email: [email protected]; or visit the NOP Web site at: www.ams.usda.gov/nop. SUPPLEMENTARY INFORMATION: I. Background This interim instruction specifies the criteria and process that accredited certifying agents (certifiers) must follow when approving substances for use in organic production and handling. This instruction is directed at certifiers, who must meet certain terms and conditions as part of their accreditation (see 7 CFR 205.501(a)(21)). The instruction defines the term Material Review Organization (MRO) and materials, and describes the USDA organic regulations as they relate to materials reviews. The instruction describes the policy that all certifiers must review all materials used by organic producers and handlers for compliance with the USDA organic regulations, and outlines options that certifiers have for determining whether materials may be used in organic production or handling under the USDA organic regulations. The instruction also outlines certifier requirements for maintaining documentation, making synthetic vs. nonsynthetic or agricultural vs. nonagricultural determinations; demonstrating appropriate education, training, and experience levels for personnel conducting material reviews; and creating clear written protocols and procedures related to materials reviews. This instruction also outlines the process that occurs when different certifying agents and MROs reach different conclusions on whether a product complies with the USDA organic regulations. A notice of availability of the final instruction on this topic will be issued upon review of comments and final approval of the document. Upon final approval, this instruction will be available in ``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. II. Electronic Access Persons with access to Internet may obtain the interim instruction at either NOP's Web site at http://www.ams.usda.gov/rules-regulations/organic or http://www.regulations.gov. Requests for hard copies of the interim instruction document can be obtained by submitting a written request to the mailing address listed in the ADDRESSES section of this Notice. Authority: 7 U.S.C. 6501-6522. Dated: August 25, 2016. Elanor Starmer, Administrator, Agricultural Marketing Service. [FR Doc. 2016-20806 Filed 8-29-16; 8:45 am] BILLING CODE 3410-02-P
![Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Proposed Rules 59521
The employee must also agree that if he under as discussed in paragraph(c)(2)(ii) The employing office will determine if
or she does not return to work or the of this section. the employee is eligible for
employing office cannot recover the (5) Terminations of enrollment under reinstatement of coverage; and, when
debt in full from salary, the employing paragraphs (c)(2) and (3) of this section the determination is affirmative, notify
office may recover the debt from are retroactive to the last day of the last the carrier of the decision. The notice
whatever other sources it normally has pay period in which the premium was must set forth the findings on which the
available for recovery of a debt to the withheld from pay. The employee and decision was based. If the employing
Federal Government. covered family members, if any, are office determines that the employee was
(iii) If an employee elects to terminate entitled to the 31-day temporary prevented from making payments
enrollment, the effective date of the extension of coverage and opportunity current within the timeframe due to
termination is retroactive to the end of to convert to a non-group policy under circumstances beyond his or her
the last pay period in which the § 890.401. An employee whose coverage control, the employee’s enrollment will
premium was withheld from pay. is terminated under this paragraph may be reinstated retroactive to the date of
(3) If the employee does not return the re-enroll upon his or her return to duty termination.
signed form within the time period in pay status in a position in which the (iv) An employee whose coverage is
described in paragraph (c)(2) of this employee is eligible for coverage under terminated under paragraph (c)(6) may
section, the employing office will this part. enroll upon his or her return to duty in
terminate the enrollment and notify the (6) If an employee signs and returns pay status in a position in which the
employee in writing of the termination. a form to the employing office stating employee is eligible for coverage.
that he or she will make premium
(4) If an employee has not elected to * * * * *
payments directly to the agency and
terminate enrollment and is prevented [FR Doc. 2016–20565 Filed 8–29–16; 8:45 am]
keep the payments current in
by circumstances from returning a BILLING CODE 6325–63–P
accordance with paragraph (c)(2)(i) but
signed form indicating the employee
fails to pay currently, as soon as it
elects to continue their enrollment
becomes aware of the nonpayment of
under the option that the employer has DEPARTMENT OF AGRICULTURE
premium, the employing office shall
chosen, the employee may request
notify the employee that he or she has
reinstatement. Agricultural Marketing Service
31 days to make payments current or
(i) If the employee is prevented by she or he will have coverage terminated
circumstances beyond his or her control 7 CFR Part 205
retroactively to the day that follows the
from returning a signed form to the last day of the last pay period for which [Document Number AMS–NOP–16–0069;
employing office within the time period a current employee contribution was NOP–16–08]
described in paragraph (c)(2) of this received.
section, he or she may write to the (i) If the employee does not make a National Organic Program: Notice of
employing office and request payment within the 31 days of the Interim Instruction on Material Review
reinstatement of the enrollment. The notification, the employing office must
employee must describe the AGENCY: Agricultural Marketing Service,
terminate the employee’s enrollment USDA.
circumstances that prevented him or her retroactively to the day that follows the
from returning the form. The request for ACTION: Notice of availability of interim
last day of the last pay period for which
reinstatement must be made within 30 instruction with request for comments.
a current employee contribution was
calendar days from the date the received. SUMMARY: The Agricultural Marketing
employing office gives the employee (ii) Termination of an enrollment for Service (AMS) is announcing the
notice of the termination. The failure to pay premiums after the availability of an interim instruction
employing office will determine if the employee had elected to continue document intended for use by
employee is eligible for reinstatement of coverage and to pay premiums currently accredited certifying agents. The interim
coverage. When the determination is under (c)(2)(i) and (c)(6), is considered instruction document is entitled: NOP
affirmative, the employing office will a cancellation as described in 3012: Material Review. This instruction
reinstate the enrollment of the employee § 890.401(a)(2) and the employee is not specifies the criteria and process that
retroactive to the date of termination. If entitled to a 31-day temporary extension USDA accredited organic certifying
the determination is negative, the of coverage or opportunity to convert to agents (certifiers) must follow when
employee may request a review of the an individual policy. approving substances for use in organic
decision from the employing office (see (iii) If an employee that has production and handling. This
§ 890.104). enrollment terminated under this part instruction is directed at certifiers, who
(ii) If the employee is subject to a was prevented by circumstances beyond must meet certain terms and conditions
court or administrative order as his or her control from making payment as part of their accreditation. The AMS
discussed in § 890.301(g)(3), the within 31 days after receipt of the notice invites interested parties to submit
coverage cannot terminate unless the of termination, he or she may request comments about this instruction
employee has provided documentation reinstatement of coverage by writing to document.
to the employing office that he or she the employing office. Such a request
has other coverage for the child or must be filed within 30 calendar days DATES: To ensure that NOP considers
children, and the employing office has from the date of termination and must your comment on this interim
mstockstill on DSK3G9T082PROD with PROPOSALS
determined the coverage is appropriate, be accompanied by verification that the instruction before it begins work on the
as discussed in 5 CFR 890.301(g)(3). If employee was prevented by final version, submit written comments
the employee does not return the signed circumstances beyond his or her control on the interim instruction by October
form, the coverage will continue and the from paying within the time limit. The 31, 2016.
employee will incur a debt to the verification must describe the ADDRESSES: Submit written requests for
Federal Government, and the employing circumstances that prevented him or her hard copies of this interim instruction to
office will recover the amount of from making a payment within 31 days Dr. Paul Lewis, Standards Division,
accrued unpaid premium as a debt after receipt of the notice of termination. National Organic Program (NOP),
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USDA–AMS–NOP, 1400 Independence and materials, and describes the USDA DEPARTMENT OF AGRICULTURE
Ave. SW., Room 2646—So., Ag Stop organic regulations as they relate to
0268, Washington, DC 20250–0268. See materials reviews. The instruction Animal and Plant Health Inspection
the SUPPLEMENTARY INFORMATION section describes the policy that all certifiers Service
for electronic access to the interim must review all materials used by
instruction document. organic producers and handlers for 7 CFR Part 319
You may submit comments, identified compliance with the USDA organic [Docket No. APHIS–2015–0098]
by AMS–NOP–16–0069; NOP–16–08, by regulations, and outlines options that
any of the following methods: certifiers have for determining whether RIN 0579–AE27
• Federal eRulemaking Portal: http:// materials may be used in organic
www.regulations.gov. Follow the Importation of Fresh Persimmon With
production or handling under the USDA Calyxes From Japan Into the United
instructions for submitting comments. organic regulations.
• Mail: Dr. Paul Lewis, Standards States
Division, National Organic Program, The instruction also outlines certifier
requirements for maintaining AGENCY: Animal and Plant Health
USDA–AMS–NOP, 1400 Independence Inspection Service, USDA.
Ave. SW., Room 2646—So., Ag Stop documentation, making synthetic vs.
nonsynthetic or agricultural vs. ACTION: Proposed rule.
0268, Washington, DC 20250–0268.
Instructions: Written comments nonagricultural determinations; SUMMARY: We are proposing to amend
responding to this request should be demonstrating appropriate education, the regulations concerning the
identified with the document number training, and experience levels for importation of fruits and vegetables to
AMS–NOP–16–0069; NOP–16–08. You personnel conducting material reviews; allow the importation of fresh
should clearly indicate your position and creating clear written protocols and persimmon with calyxes from Japan into
and the reasons supporting your procedures related to materials reviews. the United States. As a condition of
position. If you are suggesting changes This instruction also outlines the entry, the persimmons would have to be
to the interim instruction document, process that occurs when different produced in accordance with a systems
you should include recommended certifying agents and MROs reach approach that would include
language changes, as appropriate, along different conclusions on whether a requirements for orchard certification,
with any relevant supporting product complies with the USDA orchard pest control, post-harvest
documentation. organic regulations. safeguards, fruit culling, traceback, and
USDA intends to make available all A notice of availability of the final sampling. The persimmons would also
comments, including names and instruction on this topic will be issued have to be accompanied by a
addresses when provided, regardless of upon review of comments and final phytosanitary certificate with an
submission procedure used, on approval of the document. Upon final additional declaration stating that they
www.regulations.gov and at USDA, approval, this instruction will be were produced under, and meet all the
AMS, NOP, Room 2646—South available in ‘‘The Program Handbook: components of, the agreed upon systems
building, 1400 Independence Ave. SW., Guidance and Instructions for approach and were inspected and found
Washington, DC, from 9 a.m. to noon Accredited Certifying Agents (ACAs) to be free of quarantine pests in
and from 1 to 4 p.m., Monday through and Certified Operations’’. This accordance with the proposed
Friday (except official Federal holidays). Handbook provides those who own, requirements. This action would allow
Persons wanting to visit the USDA manage, or certify organic operations the importation of fresh persimmons
South building to view comments from with guidance and instructions that can with calyxes from Japan while
the public to this notice are requested to continuing to protect against the
assist them in complying with the
make an appointment by calling (202) introduction of plant pests into the
USDA organic regulations. The current
720–3252. United States.
edition of the Program Handbook is
FOR FURTHER INFORMATION CONTACT: Dr. available online at http:// DATES: We will consider all comments
Paul Lewis, Standards Director, www.ams.usda.gov/rules-regulations/ that we receive on or before October 31,
National Organic Program (NOP), organic. 2016.
USDA–AMS–NOP, 1400 Independence ADDRESSES: You may submit comments
Ave. SW., Room 2646—So., Ag Stop II. Electronic Access by either of the following methods:
0268, Washington, DC 20250–0268; • Federal eRulemaking Portal: Go to
Telephone: (202) 720–3252; Fax: (202) Persons with access to Internet may
http://www.regulations.gov/
205–7808; Email: PaulI.Lewis@ obtain the interim instruction at either
#!docketDetail;D=APHIS-2015-0098.
ams.usda.gov; or visit the NOP Web site NOP’s Web site at http:// • Postal Mail/Commercial Delivery:
at: www.ams.usda.gov/nop. www.ams.usda.gov/rules-regulations/ Send your comment to Docket No.
organic or http://www.regulations.gov. APHIS–2015–0098, Regulatory Analysis
SUPPLEMENTARY INFORMATION:
Requests for hard copies of the interim and Development, PPD, APHIS, Station
I. Background instruction document can be obtained 3A–03.8, 4700 River Road, Unit 118,
This interim instruction specifies the by submitting a written request to the Riverdale, MD 20737–1238.
criteria and process that accredited mailing address listed in the ADDRESSES Supporting documents and any
certifying agents (certifiers) must follow section of this Notice. comments we receive on this docket
mstockstill on DSK3G9T082PROD with PROPOSALS
when approving substances for use in Authority: 7 U.S.C. 6501–6522. may be viewed at http://
organic production and handling. This www.regulations.gov/
Dated: August 25, 2016.
instruction is directed at certifiers, who #!docketDetail;D=APHIS-2015-0098 or
must meet certain terms and conditions Elanor Starmer, in our reading room, which is located in
as part of their accreditation (see 7 CFR Administrator, Agricultural Marketing room 1141 of the USDA South Building,
205.501(a)(21)). Service. 14th Street and Independence Avenue
The instruction defines the term [FR Doc. 2016–20806 Filed 8–29–16; 8:45 am] SW., Washington, DC. Normal reading
Material Review Organization (MRO) BILLING CODE 3410–02–P room hours are 8 a.m. to 4:30 p.m.,
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Document Created: 2018-02-09 11:42:05
Document Modified: 2018-02-09 11:42:05
| 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 | Proposed Rules | |
| Action | Notice of availability of interim instruction with request for comments. | |
| Dates | To ensure that NOP considers your comment on this interim instruction before it begins work on the final version, submit written comments on the interim instruction by October 31, 2016. | |
| Contact | Dr. Paul Lewis, Standards Director, National Organic Program (NOP), USDA-AMS-NOP, 1400 Independence Ave. SW., Room 2646--So., Ag Stop 0268, Washington, DC 20250-0268; Telephone: (202) 720-3252; Fax: (202) 205-7808; Email: [email protected]; or visit the NOP Web site at: www.ams.usda.gov/nop. | |
| FR Citation | 81 FR 59521 |
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