81 FR 59976 - National Organic Program: Notice of Draft Guidance on Treated Lumber

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service

Federal Register Volume 81, Issue 169 (August 31, 2016)

The Agricultural Marketing Service (AMS) is announcing the availability of a draft guidance document intended for use by accredited certifying agents and organic producers. The draft guidance document is entitled: Treated Lumber (NOP 5036). This draft guidance document is intended to inform the public of the National Organic Program's (NOP) current thinking on this topic. The AMS invites interested parties to submit comments about these guidance provisions.

[Federal Register Volume 81, Number 169 (Wednesday, August 31, 2016)]
[Notices]
[Pages 59976-59977]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20808]


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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / 
Notices

[[Page 59976]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[Doc. No. AMS-NOP-16-0028; NOP-16-01]


National Organic Program: Notice of Draft Guidance on Treated 
Lumber

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of availability of draft guidance with request for 
comments.

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SUMMARY: The Agricultural Marketing Service (AMS) is announcing the 
availability of a draft guidance document intended for use by 
accredited certifying agents and organic producers. The draft guidance 
document is entitled: Treated Lumber (NOP 5036). This draft guidance 
document is intended to inform the public of the National Organic 
Program's (NOP) current thinking on this topic. The AMS invites 
interested parties to submit comments about these guidance provisions.

DATES: To ensure that NOP considers your comment on this draft guidance 
before it begins work on the final version of the guidance, submit 
written comments on the draft guidance by October 31, 2016.

ADDRESSES: Submit written requests for hard copies of this draft 
guidance to Devon Pattillo, Agricultural Marketing Specialist, National 
Organic Program (NOP), 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SUPPLEMENTARY INFORMATION section for electronic access to the draft 
guidance document.
    You may submit comments on this draft guidance document by any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Devon Pattillo, 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-16-0028; NOP-16-01. You 
should clearly indicate your position and the reasons supporting your 
position. If you are suggesting changes to the draft guidance 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: Devon Pattillo, Agricultural Marketing 
Specialist, 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) 260-9151; Email: 
[email protected]; or visit the NOP Web site at: 
www.ams.usda.gov/nop.

SUPPLEMENTARY INFORMATION:

I. Background

    The draft guidance document announced through this document was 
developed to clarify the requirements and limitations of the 
prohibition on treated lumber in organic production. USDA organic 
regulations (7 CFR part 205) prohibit use of lumber treated with 
arsenate or other non-allowed synthetic substances in contact with soil 
and livestock (7 CFR 205.206). Non-allowed synthetic substances include 
all synthetic substances that are not specifically included on the 
``National List'' at 7 CFR 205.601 through 205-606.
    The document provides guidance for certifying agents, organic 
producers, and other interested parties on compliance with 7 CFR 
205.206(f), including:
     How lumber treated with prohibited substances affects a 
producer's timeline for obtaining certification;
     Where lumber treated with prohibited substances can and 
cannot be placed on organic farms, for new installations or replacement 
of existing lumber;
     How organic producers can prevent crops and livestock from 
contacting lumber treated with prohibited substances.
    A notice of availability of final guidance on this topic will be 
issued upon its final approval. Once finalized, this guidance 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 or in print upon request.

II. Significance of Guidance

    This draft 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 draft 
guidance represents 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 that can reduce the 
burden of developing their own methods and simplify audits and 
inspections. Alternative approaches that can demonstrate compliance 
with the Organic Foods Production Act (OFPA), as amended (7 U.S.C. 
6501-6522), and its implementing regulations are also acceptable. As 
with any alternative compliance approach, NOP strongly encourages 
industry to discuss alternative approaches with NOP before implementing 
them to avoid unnecessary or wasteful expenditures of

[[Page 59977]]

resources and to ensure the proposed alternative approach complies with 
the Act and its implementing regulations.

III. Electronic Access

    Persons with access to Internet may obtain the draft guidance 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 
draft guidance documents can be obtained by submitting a written 
request to the mailing address listed in the ADDRESSES section of this 
document.

    Authority:  7 U.S.C. 6501-6522.

    Dated: August 25, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing Service.
[FR Doc. 2016-20808 Filed 8-30-16; 8:45 am]
 BILLING CODE 3410-02-P