81 FR 59976 - National Organic Program: Notice of Draft Guidance on Treated Lumber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

Page Range		59976-59977
FR Document		2016-20808

The Agricultural Marketing Service (AMS) is announcing the availability of a draft guidance document intended for use by accredited certifying agents and organic producers. The draft guidance document is entitled: Treated Lumber (NOP 5036). This draft guidance document is intended to inform the public of the National Organic Program's (NOP) current thinking on this topic.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 Issue 169 (Wednesday, August 31, 2016)

[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]


========================================================================
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.

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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National Organic Program: Notice of Draft Guidance on Treated 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ACTION: Notice of availability of draft guidance with request for 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.

-----------------------------------------------------------------------

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availability of a draft guidance document intended for use by 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 The draft guidance 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 This draft guidance 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

59976

Notices Federal Register
Vol. 81, No. 169

Wednesday, August 31, 2016

This section of the FEDERAL REGISTER USDA–AMS–NOP, 1400 Independence • How lumber treated with prohibited
contains documents other than rules or Ave. SW., Room 2646—So., Ag Stop substances affects a producer’s timeline
proposed rules that are applicable to the 0268, Washington, DC 20250–0268. for obtaining certification;
public. Notices of hearings and investigations,
Instructions: Written comments • Where lumber treated with
committee meetings, agency decisions and prohibited substances can and cannot be
rulings, delegations of authority, filing of responding to this request should be
identified with the document number placed on organic farms, for new
petitions and applications and agency
statements of organization and functions are AMS–NOP–16–0028; NOP–16–01. You installations or replacement of existing
examples of documents appearing in this should clearly indicate your position lumber;
section. and the reasons supporting your • How organic producers can prevent
position. If you are suggesting changes crops and livestock from contacting
to the draft guidance document, you lumber treated with prohibited
DEPARTMENT OF AGRICULTURE should include recommended language substances.
changes, as appropriate, along with any A notice of availability of final
Agricultural Marketing Service guidance on this topic will be issued
relevant supporting documentation.
upon its final approval. Once finalized,
[Doc. No. AMS–NOP–16–0028; NOP–16–01] USDA intends to make available all this guidance will be available in ‘‘The
comments, including names and Program Handbook: Guidance and
National Organic Program: Notice of addresses when provided, regardless of Instructions for Accredited Certifying
Draft Guidance on Treated Lumber submission procedure used, on Agents (ACAs) and Certified
AGENCY: Agricultural Marketing Service, www.regulations.gov and at USDA, Operations’’. This Handbook provides
USDA. AMS, NOP, Room 2646-South building, those who own, manage, or certify
1400 Independence Ave. SW., organic operations with guidance and
ACTION: Notice of availability of draft Washington, DC, from 9 a.m. to noon
guidance with request for comments. instructions that can assist them in
and from 1 to 4 p.m., Monday through complying with the USDA organic
SUMMARY: The Agricultural Marketing Friday (except official Federal holidays). regulations. The current edition of the
Service (AMS) is announcing the Persons wanting to visit the USDA Program Handbook is available online at
availability of a draft guidance South building to view comments from http://www.ams.usda.gov/rules-
document intended for use by the public to this notice are requested to regulations/organic or in print upon
accredited certifying agents and organic make an appointment by calling (202) request.
producers. The draft guidance 720–3252.
II. Significance of Guidance
document is entitled: Treated Lumber FOR FURTHER INFORMATION CONTACT:
(NOP 5036). This draft guidance Devon Pattillo, Agricultural Marketing This draft guidance document is being
document is intended to inform the Specialist, National Organic Program issued in accordance with the Office of
public of the National Organic (NOP), USDA–AMS–NOP, 1400 Management and Budget (OMB)
Program’s (NOP) current thinking on Independence Ave. SW., Room 2646— Bulletin on Agency Good Guidance
this topic. The AMS invites interested So., Ag Stop 0268, Washington, DC Practices (GGPs) (January 25, 2007, 72
parties to submit comments about these 20250–0268; Telephone: (202) 720– FR 3432–3440).
guidance provisions. 3252; Fax: (202) 260–9151; Email: The purpose of GGPs is to ensure that
NOP.Guidance@ams.usda.gov; or visit program guidance documents are
DATES: To ensure that NOP considers developed with adequate public
your comment on this draft guidance the NOP Web site at:
www.ams.usda.gov/nop. participation, are readily available to the
before it begins work on the final public, and are not applied as binding
version of the guidance, submit written SUPPLEMENTARY INFORMATION: requirements. This draft guidance
comments on the draft guidance by represents NOP’s current thinking on
October 31, 2016. I. Background
the topic. It does not create or confer
ADDRESSES: Submit written requests for The draft guidance document any rights for, or on, any person and
hard copies of this draft guidance to announced through this document was does not operate to bind the NOP or the
Devon Pattillo, Agricultural Marketing developed to clarify the requirements public. Guidance documents are
Specialist, National Organic Program and limitations of the prohibition on intended to provide a uniform method
(NOP), USDA–AMS–NOP, 1400 treated lumber in organic production. for operations to comply that can reduce
Independence Ave. SW., Room 2646— USDA organic regulations (7 CFR part the burden of developing their own
So., Ag Stop 0268, Washington, DC 205) prohibit use of lumber treated with methods and simplify audits and
20250–0268. See the SUPPLEMENTARY arsenate or other non-allowed synthetic inspections. Alternative approaches that
INFORMATION section for electronic substances in contact with soil and can demonstrate compliance with the
access to the draft guidance document. livestock (7 CFR 205.206). Non-allowed Organic Foods Production Act (OFPA),
You may submit comments on this synthetic substances include all as amended (7 U.S.C. 6501–6522), and
mstockstill on DSK3G9T082PROD with NOTICES

draft guidance document by any of the synthetic substances that are not its implementing regulations are also
following methods: specifically included on the ‘‘National acceptable. As with any alternative
• Federal eRulemaking Portal: http:// List’’ at 7 CFR 205.601 through 205–606. compliance approach, NOP strongly
www.regulations.gov. Follow the The document provides guidance for encourages industry to discuss
instructions for submitting comments. certifying agents, organic producers, and alternative approaches with NOP before
• Mail: Devon Pattillo, Standards other interested parties on compliance implementing them to avoid
Division, National Organic Program, with 7 CFR 205.206(f), including: unnecessary or wasteful expenditures of

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Federal Register / Vol. 81, No. 169 / Wednesday, August 31, 2016 / Notices 59977

resources and to ensure the proposed Forest Service regulations then provide matrix habitat. The Forest Service will
alternative approach complies with the the Reviewing Officer 45 days to review not take any on-the-ground action to
Act and its implementing regulations. the objections (with the discretion to implement the Project until re-initiation
extend the time up to 30 days), 36 CFR of Endangered Species Act consultation
III. Electronic Access
218.26(b), after which the Agency must is complete, a Supplemental EIS is
Persons with access to Internet may respond to any instructions by the issued, and the agency makes new
obtain the draft guidance at either Reviewing Officer prior to signing the decisions either affirming the current
NOP’s Web site at http:// ROD, 36 CFR 218.12. The Forest Service project or modifying the project based
www.ams.usda.gov/rules-regulations/ anticipates signing the final ROD in on the new analysis.
organic or http://www.regulations.gov. April 2017. Nature of Decision To Be Made: The
Requests for hard copies of the draft ADDRESSES: The line officer responsible Forest Service will conduct a
guidance documents can be obtained by for the decision is the Forest Supervisor supplemental EIS analysis and issue a
submitting a written request to the for the Custer Gallatin National Forest, new ROD which will either affirm the
mailing address listed in the ADDRESSES 10 East Babcock, Bozeman, MT 59715. existing agency decisions or will
section of this document. determine whether a new decision is
FOR FURTHER INFORMATION CONTACT:
Authority: 7 U.S.C. 6501–6522. Until October 1, 2016, Mark Slacks, necessary.
Dated: August 25, 2016. Team Leader, at (406) 255–1450. After Scoping Process: Scoping is not
Elanor Starmer, October 1, 2016, Amy Waring, (406) required for supplements to
Administrator, Agricultural Marketing 255–1451. Individuals who use environmental impacts statements,
Service. telecommunication devices for the deaf pursuant to 40 CFR 1509.9(c)(4).
[FR Doc. 2016–20808 Filed 8–30–16; 8:45 am] (TDD) may call the Federal Information Scoping was conducted for the original
BILLING CODE 3410–02–P
Relay Service (FIRS) at 1–800–877–8339 EIS on June 14, 2012, and February 22,
between 8 a.m. and 8 p.m., Eastern 2013. The supplement will be subject to
Time, Monday through Friday. notice and comment, as well as a
DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: On May predecisional administrative objection
19, 2015, Forest Supervisor, Mary process (36 CFR part 218, subparts A
Forest Service Erickson, approved two Records of and B).
Decision—one for the Greater Red Lodge Dated: August 24, 2016.
Beartooth Ranger District, Custer Vegetation and Habitat Management
Gallatin National Forest; Carbon Mary C. Erickson,
Project (Project) and one for the Forest Supervisor.
County, Montana; Greater Red Lodge Reconstruction of Nichols Creek Road.
Vegetation and Habitat Management [FR Doc. 2016–20920 Filed 8–30–16; 8:45 am]
Both of these decisions were based on
Project BILLING CODE 3411–15–P
the Greater Red Lodge Vegetation and
AGENCY: Forest Service, USDA. Habitat Management Project Final EIS.
ACTION:Notice; intent to prepare a The Project encompasses approximately DEPARTMENT OF AGRICULTURE
supplemental environmental impact 21,871 acres in wildland urban interface
statement. (WUI) in Carbon County, Montana. The Forest Service
purposes of the project are to reduce
SUMMARY: The USDA Forest Service will high-intensity wildfire within the WUI, Black Hills National Forest Advisory
prepare a Supplement to the Greater improve and maintain forest health, and Board
Red Lodge Vegetation and Habitat improve water quality. Vegetation
Management Project Final management proposed in the project AGENCY: Forest Service, USDA.
Environmental Impact Statement (EIS) area consists of both commercial and ACTION: Notice of meeting.
to address the Forest Service’s recent non-commercial vegetation fuels
analysis and to determine whether a treatment on about 1,800 acres of land. SUMMARY: The Black Hills National
change in the Records of Decision are In addition to vegetation management, Forest Advisory Board (Board) will meet
required. the Project would decommission 3.9 in Rapid City, South Dakota. The Board
DATES: The Forest Service will complete miles of existing roadway. The RODs, is established consistent with the
a final Supplemental EIS through final EIS, and supporting documents for Federal Advisory Committee Act of
preparing a draft Supplemental EIS by the Project can be found at http:// 1972 (5 U.S.C. App. II), the Forest and
the fall of 2016. Once the Notice of www.fs.usda.gov/project/?project= Rangeland Renewable Resources
Availability of the draft Supplemental 41368&exp=detail. Planning Act of 1974 (16 U.S.C. 1600 et
EIS is published a required 45-day On Tuesday, June 28, 2016, the Forest seq.), the National Forest Management
public comment period begins, 36 CFR Service suspended the Greater Red Act of 1976 (16 U.S.C. 1612), and the
218.24(b)(5). At the conclusion of the Lodge Area (GLRA) Stewardship Federal Public Lands Recreation
45-day period the Forest Service will (1) Integrated Resource Timber Contract, Enhancement Act (Pub. L. 108–447).
review and respond to comments and Contract #02–200866 implementing the Additional information concerning the
make necessary adjustments (based on two RODs. No activity under the Board, including the meeting summary/
comments) and prepare a final contract can occur until the suspension minutes, can be found by visiting the
Supplemental EIS and (2) prepare a is lifted. The Project was suspended Board’s Web site at: http://
draft Record of Decision (‘‘ROD’’) which because the Forest Service recently www.fs.usda.gov/main/blackhills/
mstockstill on DSK3G9T082PROD with NOTICES

will include a determination of whether discovered that the analysis of lynx workingtogether/advisorycommittees.
changes are needed in the May 19, 2015 critical habitat underestimated the DATES: The meeting will be held on
Records of Decision. Publication of the number of acres of matrix habitat Wednesday, September 21, 2016, at 1:00
notice of opportunity to object to the affected by the Project. At a minimum, p.m.
final Supplemental EIS and draft ROD the Forest Service will reanalyze the All meetings are subject to
initiates the required 45-day objection impacts of the Project on lynx critical cancellation. For updated status of
period, 36 CFR 218.7(b), 218.26(a). habitat, in light of the corrected acres of meeting prior to attendance, please

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Document Created: 2018-02-02 12:15:14
Document Modified: 2018-02-02 12:15:14

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 draft guidance with request for comments.
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.
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.
FR Citation		81 FR 59976

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

DEPARTMENT OF AGRICULTUREAgricultural Marketing Service

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

DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service