82 FR 31241 - National Organic Program (NOP); Sunset 2017 Amendments to the National List
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 82, Issue 128 (July 6, 2017)
Agricultural Marketing Service
Federal Register Volume 82, Issue 128 (July 6, 2017)
| Page Range | 31241-31244 | |
| FR Document | 2017-14006 |
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)] [Rules and Regulations] [Pages 31241-31244] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14006] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. ======================================================================== Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations [[Page 31241]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS-NOP-16-0052; NOP-16-03] RIN 0581-AD52 National Organic Program (NOP); Sunset 2017 Amendments to the National List AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This final rule amends the National List of Allowed and Prohibited Substances (National List) within the U.S. Department of Agriculture's (USDA) organic regulations, to prohibit the use of 8 substances in organic production and handling after June 27, 2017: Lignin sulfonate (for use as a floating agent); furosemide; magnesium carbonate; and the nonorganic forms of chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers. This action also renews 3 substances on the National List to continue to allow nonorganic forms of inulin-oligofructose enriched, Turkish bay leaves, and whey protein concentrate in organic products. This action addresses eleven recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB) following its October 2015 meeting. These recommendations pertain to the NOSB's 2017 sunset review of a portion of the substances on the National List. DATES: This final rule is effective on August 7, 2017. The renewal of the substances inulin-oligofructose enriched, Turkish bay leaves, and whey protein concentrate for inclusion on the National List is applicable beginning on June 27, 2017. FOR FURTHER INFORMATION CONTACT: Paul Lewis, Ph.D., Director, Standards Division, Telephone: (202) 720-3252; Fax: (202) 260-9151. SUPPLEMENTARY INFORMATION: I. Background The USDA Agricultural Marketing Service (AMS) administers the National Organic Program (NOP), under the authority of the Organic Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501-6522). The regulations implementing the NOP, also referred to as the USDA organic regulations, were published December 21, 2000 (65 FR 80548) and became effective on October 21, 2002. Through these regulations, AMS oversees national standards for the production, handling, and labeling of organically produced agricultural products. Since October 2002, the USDA organic regulations have been frequently amended, mostly for changes to the National List in 7 CFR 205.601-205.606. The National List identifies synthetic substances that may be used and the nonsynthetic substances that must not be used in organic production. The National List also identifies synthetic, nonsynthetic nonagricultural, and nonorganic agricultural substances that may be used in organic handling. The OFPA and USDA organic regulations specifically prohibit the use of any synthetic substance in organic production and handling unless the synthetic substance is on the National List. Section 205.105 also requires that any nonorganic agricultural substance and any nonsynthetic nonagricultural substance used in organic handling appear on the National List. The OFPA authorizes the National Organic Standards Board (NOSB), operating in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2 et seq.), to develop recommendations to amend the National List. The NOSB assists in the evaluation of substances for organic production and handling and advises the Secretary on the USDA organic regulations. The OFPA also requires a sunset review of all substances included on the National List within five years of their addition to or renewal on the list. If a listed substance is not reviewed by the NOSB and renewed by the USDA within the five-year period, its allowance or prohibition on the National List is no longer valid. This periodic review of National List substances is referred to as ``sunset review.'' Under the authority of the OFPA, the Secretary can amend the National List through rulemaking based upon proposed amendments recommended by the NOSB. The NOSB's sunset review of substances on the National List includes consideration of public comments and applicable supporting evidence that express a continued need for the use or prohibition of the substance(s) as required by the OFPA. Recommendations to either continue or discontinue an authorized exempted synthetic substance (7 U.S.C. 6517(c)(1)) are developed by the NOSB based on evaluation of technical information, public comments, and supporting evidence that demonstrate that the substance is: (a) Harmful to human health or the environment; (b) no longer necessary for organic production due to the availability of alternative wholly nonsynthetic substitute products or practices; or (c) inconsistent with organic farming and handling practices. In accordance with the sunset review process published in the Federal Register on September 16, 2013 (78 FR 61154), this final rule would amend the National List to remove eight substances as recommended to the Secretary by the NOSB on October 29, 2015. Additionally, this final rule would renew three substances allowed for use in organic products based on information that there is a continued need for these materials. II. Overview of Amendments Removals This final rule amends the National List to remove eight exemptions (allowances) for: Lignin sulfonate, furosemide, magnesium carbonate, chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers. The NOSB recommended that these substances should be removed from the National List based on its 2017 sunset review. In summary, the NOSB concluded that these substances are no longer needed in organic production or handling because there are alternative practices or materials. AMS concurs with these recommendations for removal as described below. The NOSB considered public comments and other information to [[Page 31242]] determine whether these substances continue to meet the OFPA criteria (7 U.S.C. 6517(c) and 6518(m)) for inclusion on the National List. With regard to (i) lignin sulfonate (Sec. 205.601(1)(l)--synthetic substance allowed as a floating agent in post-harveset handling), (ii) furosemide (Sec. 205.603(a)--synthetic substance allowed for livestock medical treatment), and (iii) magnesium carbonate (Sec. 205.605(b)-- synthetic ingredient allowed in or on organic processed proeducts), the NOSB concluded that these three substances are no longer necessary for organic production or postharvest handling and alternative substances are available. AMS received no public comments concerning the proposed removal of lignin sulfonate (as as floating agent in post-harvest handling), furosemide, and magnesium carbonate from the National List. AMS has reviewed and accepts the NOSB recommendations to remove these substances from the National List when the listings are due to sunset, or expire. Therefore, after June 27, 2017, lignin sulfonate (as as floating agent in post-harvest handling), furosemide, and magnesium carbonate will no longer be allowed for use in organic production or handling.\1\ --------------------------------------------------------------------------- \1\ The allowance for lignin sulftonate as a chelating agent or dust suppressant for plant or soil amendments in organic crop production remains on the National List (Sec. 205.601(j)(4)). --------------------------------------------------------------------------- With regard to chia (Salvia hispanica L.), dillweed oil, galangal (frozen), lemongrass (frozen), and peppers (chipotle chile), the NOSB considered public comments and other information to determine whether these five substances continue to meet the OFPA criteria for inclusion on the National List. These substances appear in section 205.606 of the National List which allows the use of nonorganic forms of these substances when the organic form is not commercially available.\2\ The NOSB recommended that these substances be removed because adequate organic sources are available in the supply chain and nonorganic forms are not needed. --------------------------------------------------------------------------- \2\ Definition of Commercially Available (Sec. 205.2): The ability to obtain a production input in an appropriate form, quality, or quantity to fulfill an essential function in a system of organic production or handling, as determined by the certifying agent in the course of reviewing the organic plan. --------------------------------------------------------------------------- AMS received no public comments concerning the proposed removal of chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers from the National List. AMS has reviewed and accepts the NOSB recommendations to remove these substances from the National List when the listings are due to sunset, or expire. Therefore, after June 27, 2017, nonorganic forms of chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers will no longer be allowed for use in organic products. III. Related Documents Two notices announcing NOSB public meetings were published in the Federal Register on March 12, 2015 (80 FR 12975) and on September 8, 2015 (80 FR 53759). These notices invited the public to provide comments to the NOSB for the 2017 sunset review. The notices informed the public that the listings discussed in this final rule would expire from the National List on June 27, 2017, if not reviewed by the NOSB and renewed by the Secretary. On January 18, 2017, AMS published a proposed rule in the Federal Register (82 FR 5431) to notify the public and solicit comments on AMS' proposed action to remove eleven substances from the National List based on the NOSB's 2017 sunset recommendations. The comment period for the proposed rule was extended an additional 30 days to April 19, 2017, per a Federal Register document published on February 17, 2017 (82 FR 10967). IV. Statutory and Regulatory Authority OFPA, as amended (7 U.S.C. 6501-6522), authorizes the Secretary to make amendments to the National List based on proposed recommendations developed by the NOSB. Sections 6518(k)(2) and 6518(n) of OFPA authorize the NOSB to develop proposed amendments to the National List for submission to the Secretary and establish a petition process by which persons may petition the NOSB for the purpose of having substances evaluated for inclusion on or removal from the National List. The National List petition process is implemented under Sec. 205.607 of the USDA organic regulations. The National List Petition Guidelines (NOP 3011) are published in the NOP Handbook which is available on the AMS Web site, http://www.ams.usda.gov/nop. The guidelines describe the information to be included for all types of petitions submitted to amend the National List. AMS published a revised sunset review process in the Federal Register on September 16, 2013 (78 FR 56811). A. Executive Orders 12866 and 13771, and Regulatory Flexibility Act This rule does not meet the definition of a significant regulatory action contained in section 3(f) of Executive Order 12866, and is not subject to review by the Office of Management and Budget (OMB). Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' '' (February 2, 2017). The Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) requires agencies to consider the economic impact of each rule on small entities and evaluate alternatives that would accomplish the objectives of the rule without unduly burdening small entities or erecting barriers that would restrict their ability to compete in the market. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to the action. Section 605 of the RFA allows an agency to certify a rule, in lieu of preparing an analysis, if the rulemaking is not expected to have a significant economic impact on a substantial number of small entities. Pursuant to the requirements set forth in the RFA, AMS performed an economic impact analysis on small entities in the final rule published in the Federal Register on December 21, 2000 (65 FR 80548). AMS has also considered the economic impact of this action on small entities. The impact on entities affected by this proposed rule would not be significant. The effect of this rule would be to prohibit the use of eight substances that have limited public support and may no longer be used because alternatives to these substances have been developed and implemented by organic producers or organic handlers (food processors). AMS concludes that the economic impact of removing lignin sulfonate, furosemide, magnesium carbonate, chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers from the National List would be minimal to small agricultural firms because alternative practices or substances are commercially available. As such, these substances are to be removed from the National List under this rule. This rule would also allow for the continued use of three nonorganic agricultural susbstances: Turkish bay leaves, inulin- oligofructose enriched, and whey protein concentrate. AMS concludes that renewing these three ingredients would minimize impact to small agricultural firms because alternative products or organic forms of these ingredients are not commercially available and handlers need to use the nonorganic forms. Accordingly, AMS certifies that this rule will not have a [[Page 31243]] significant economic impact on a substantial number of small entities. Small agricultural service firms, which include producers, handlers, and accredited certifying agents, have been defined by the Small Business Administration (SBA) as those having annual receipts of less than $7,500,000 and small agricultural producers are defined as those having annual receipts of less than $750,000. See 13 CFR 121.201. According to NOP's Accreditation and International Activities Division, the number of certified U.S. organic crop and livestock operations totaled over 24,669 in March 2017. The list of certified operations is available on the AMS NOP Web site at http://www.ams.usda.gov/nop. AMS believes that most of these entities would be considered small entities under the criteria established by the SBA. In addition, the USDA has 81 accredited certifying agents who provide certification services to producers and handlers. A complete list of names and addresses of accredited certifying agents may be found on the AMS NOP Web site at http://www.ams.usda.gov/nop. AMS believes that most of these accredited certifying agents would be considered small entities under the criteria established by the SBA. B. Executive Order 12988 Executive Order 12988 instructs each executive agency to adhere to certain requirements in the development of new and revised regulations in order to avoid unduly burdening the court system. This proposed rule is not intended to have a retroactive effect. Pursuant to section 6519(f) of OFPA, this proposed rule would not alter the authority of the Secretary under the Federal Meat Inspection Act (21 U.S.C. 601-624), the Poultry Products Inspection Act (21 U.S.C. 451-471), or the Egg Products Inspection Act (21 U.S.C. 1031-1056), concerning meat, poultry, and egg products, nor any of the authorities of the Secretary of Health and Human Services under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301-399), nor the authority of the Administrator of the U.S. Environmental Protection Agency (EPA) under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136- 136(y)). C. Paperwork Reduction Act No additional collection or recordkeeping requirements are imposed on the public by this rule. Accordingly, OMB clearance is not required by the Paperwork Reduction Act of 1995, 44 U.S.C. 3501, Chapter 35. D. Executive Order 13175 This proposed rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation will not have substantial and direct effects on Tribal governments and will not have significant Tribal implications. E. Comments Received on Proposed Rule AMS-NOP-16-0052; NOP-16-03 AMS received seven public comments from ingredient manufacturers, organic handlers, and a trade association on the proposal to remove the following three substances from the National List: Turkish bay leaves, inulin-oligofructose enriched, and whey protein concentrate. These substances are listed in section 205.606 of the National List, which allows nonorganic forms to be used in organic products when organic forms are not commercially available. Removing these substances from the National List would mean that only organic forms of these ingredients could be used in organic products. Changes Made Based on Comments AMS received public comments which opposed the removal of Turkish bay leaves from the National List. These public comments stated that organic Turkish bay leaves are not available in the quantity or quality needed to meet organic handling needs. The comments explained that the different flavor profile of ground organic Turkish bay leaves would negatively impact finished products. Comments requested that AMS maintain the allowance for nonorganic Turkish bay leaves while suppliers pursue sources of organic Turkish bay leaves in sufficient quality and quantity to meet industry needs. AMS also received public comments opposing the proposed removal of inulin-oligofructose enriched from the National List. Comments acknowledged that there are organic or alternate forms of inulin available, such as inulin from organic agave and fructooligosaccharides, but explained that these are not equivalent to inulin-oligofructose enriched, which is sourced only from chicory root and provides unique functionality for use as a prebiotic in organic infant formula. The comments indicated that an adequate supply of organic chicory root is not commercially available. AMS received public comment opposing the removal of whey protein concentrate from the National List. Whey protein concentrate is used as an ingredient in various products including bakery, confectionary, processed meat, infant formula, and dairy products. Public comments submitted indicated that whey protein concentrate is essential to organic processed products and is not commercially available in organic form at this time. In consideration of the new information presented in public comments, AMS has determined that nonorganic forms of Turkish bay leaves, inulin-oligofructose enriched, and whey protein concentrate are essential to organic production and handling and should remain on the National List. The USDA organic regulations may allow the use of nonorganic substances that are not commercially available in organic form, quality, or quantity, and are necessary to organic handling. As with other substances in section 205.606 of the National List, organic handlers are permitted to use the nonorganic substance only if the organic substance is not commercially available. Handlers will need to demonstrate, and certifiers will need to verify, that the organic substance is not available in the form, quality or quantity needed. Further, any member of the public may petition to remove an agricultural substance from the National List if an organic substance becomes commercially available.\3\ --------------------------------------------------------------------------- \3\ The AMS Web site describes how to submit a petition: https://www.ams.usda.gov/rules-regulations/organic/national-list/filing-petition. See also NOP 3011 National List Petition Guidelines. --------------------------------------------------------------------------- List of Subjects in 7 CFR Part 205 Administrative practice and procedure, Agriculture, Animals, Archives and records, Imports, Labeling, Organically produced products, Plants, Reporting and recordkeeping requirements, Seals and insignia, Soil conservation. For the reasons set forth in the preamble, 7 CFR part 205 is amended as follows: PART 205--NATIONAL ORGANIC PROGRAM 0 1. The authority citation for 7 CFR part 205 continues to read as follows: Authority: 7 U.S.C. 6501-6522. 0 2. Amend Sec. 205.601 by revising paragraph (l) to read as follows: Sec. 205.601 Synthetic substances allowed for use in organic crop production. * * * * * (l) As floating agents in postharvest handling. Sodium silicate-- for tree fruit and fiber processing. * * * * * Sec. 205.603 [Amended] 0 3. Amend Sec. 205.603 by: [[Page 31244]] 0 a. Removing paragraph (a)(10); and 0 b. Redesignating paragraphs (a)(11) through (23) as paragraphs (a)(10) through (22). Sec. 205.605 [Amended] 0 4. Amend Sec. 205.605(b) by removing the substance ``Magnesium carbonate--for use only in agricultural products labeled ``made with organic (specified ingredients or food group(s)),'' prohibited in agricultural products labeled ``organic''.'' Sec. 205.606 [Amended] 0 5. Amend Sec. 205.606 by: 0 a. Removing paragraphs (c), (e), (h), (o), and (s); and 0 b. Redesignating paragraphs (d), (f), (g), (i) through (n), (p) through (r), and (t) through (y) as paragraphs (c) through (t), respectively. Dated: June 28, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-14006 Filed 7-5-17; 8:45 am] BILLING CODE 3410-02-P
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Rules and Regulations Federal Register
Vol. 82, No. 128
Thursday, July 6, 2017
This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: Paul National List is no longer valid. This
contains regulatory documents having general Lewis, Ph.D., Director, Standards periodic review of National List
applicability and legal effect, most of which Division, Telephone: (202) 720–3252; substances is referred to as ‘‘sunset
are keyed to and codified in the Code of Fax: (202) 260–9151. review.’’ Under the authority of the
Federal Regulations, which is published under OFPA, the Secretary can amend the
50 titles pursuant to 44 U.S.C. 1510. SUPPLEMENTARY INFORMATION:
National List through rulemaking based
I. Background upon proposed amendments
The Code of Federal Regulations is sold by
the Superintendent of Documents. The USDA Agricultural Marketing recommended by the NOSB.
Service (AMS) administers the National The NOSB’s sunset review of
Organic Program (NOP), under the substances on the National List includes
DEPARTMENT OF AGRICULTURE authority of the Organic Foods consideration of public comments and
Production Act of 1990 (OFPA), as applicable supporting evidence that
Agricultural Marketing Service amended (7 U.S.C. 6501–6522). The express a continued need for the use or
regulations implementing the NOP, also prohibition of the substance(s) as
7 CFR Part 205 referred to as the USDA organic required by the OFPA.
regulations, were published December Recommendations to either continue or
[Document Number AMS–NOP–16–0052; discontinue an authorized exempted
21, 2000 (65 FR 80548) and became
NOP–16–03] synthetic substance (7 U.S.C. 6517(c)(1))
effective on October 21, 2002. Through
these regulations, AMS oversees are developed by the NOSB based on
RIN 0581–AD52
national standards for the production, evaluation of technical information,
National Organic Program (NOP); handling, and labeling of organically public comments, and supporting
Sunset 2017 Amendments to the produced agricultural products. evidence that demonstrate that the
National List Since October 2002, the USDA substance is: (a) Harmful to human
organic regulations have been frequently health or the environment; (b) no longer
AGENCY: Agricultural Marketing Service, amended, mostly for changes to the necessary for organic production due to
USDA. National List in 7 CFR 205.601–205.606. the availability of alternative wholly
ACTION: Final rule. The National List identifies synthetic nonsynthetic substitute products or
substances that may be used and the practices; or (c) inconsistent with
SUMMARY: This final rule amends the nonsynthetic substances that must not organic farming and handling practices.
National List of Allowed and Prohibited be used in organic production. The In accordance with the sunset review
Substances (National List) within the National List also identifies synthetic, process published in the Federal
U.S. Department of Agriculture’s nonsynthetic nonagricultural, and Register on September 16, 2013 (78 FR
(USDA) organic regulations, to prohibit nonorganic agricultural substances that 61154), this final rule would amend the
the use of 8 substances in organic may be used in organic handling. The National List to remove eight substances
production and handling after June 27, OFPA and USDA organic regulations as recommended to the Secretary by the
2017: Lignin sulfonate (for use as a specifically prohibit the use of any NOSB on October 29, 2015.
floating agent); furosemide; magnesium synthetic substance in organic Additionally, this final rule would
carbonate; and the nonorganic forms of production and handling unless the renew three substances allowed for use
chia, dillweed oil, frozen galangal, synthetic substance is on the National in organic products based on
frozen lemongrass, and chipotle chile List. Section 205.105 also requires that information that there is a continued
peppers. This action also renews 3 any nonorganic agricultural substance need for these materials.
substances on the National List to and any nonsynthetic nonagricultural II. Overview of Amendments
continue to allow nonorganic forms of substance used in organic handling
inulin-oligofructose enriched, Turkish appear on the National List. Removals
bay leaves, and whey protein The OFPA authorizes the National This final rule amends the National
concentrate in organic products. This Organic Standards Board (NOSB), List to remove eight exemptions
action addresses eleven operating in accordance with the (allowances) for: Lignin sulfonate,
recommendations submitted to the Federal Advisory Committee Act (5 furosemide, magnesium carbonate, chia,
Secretary of Agriculture (Secretary) by U.S.C. App. 2 et seq.), to develop dillweed oil, frozen galangal, frozen
the National Organic Standards Board recommendations to amend the lemongrass, and chipotle chile peppers.
(NOSB) following its October 2015 National List. The NOSB assists in the The NOSB recommended that these
meeting. These recommendations evaluation of substances for organic substances should be removed from the
pertain to the NOSB’s 2017 sunset production and handling and advises National List based on its 2017 sunset
review of a portion of the substances on the Secretary on the USDA organic review. In summary, the NOSB
the National List. regulations. The OFPA also requires a concluded that these substances are no
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DATES: This final rule is effective on sunset review of all substances included longer needed in organic production or
August 7, 2017. The renewal of the on the National List within five years of handling because there are alternative
substances inulin-oligofructose their addition to or renewal on the list. practices or materials. AMS concurs
enriched, Turkish bay leaves, and whey If a listed substance is not reviewed by with these recommendations for
protein concentrate for inclusion on the the NOSB and renewed by the USDA removal as described below.
National List is applicable beginning on within the five-year period, its The NOSB considered public
June 27, 2017. allowance or prohibition on the comments and other information to
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![Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations 31243
significant economic impact on a D. Executive Order 13175 bakery, confectionary, processed meat,
substantial number of small entities. This proposed rule has been reviewed infant formula, and dairy products.
Small agricultural service firms, Public comments submitted indicated
in accordance with the requirements of
which include producers, handlers, and that whey protein concentrate is
Executive Order 13175, Consultation
accredited certifying agents, have been essential to organic processed products
and Coordination with Indian Tribal
defined by the Small Business and is not commercially available in
Governments. The review reveals that
Administration (SBA) as those having organic form at this time.
this regulation will not have substantial
annual receipts of less than $7,500,000 In consideration of the new
and direct effects on Tribal governments information presented in public
and small agricultural producers are
defined as those having annual receipts and will not have significant Tribal comments, AMS has determined that
of less than $750,000. See 13 CFR implications. nonorganic forms of Turkish bay leaves,
121.201. E. Comments Received on Proposed inulin-oligofructose enriched, and whey
According to NOP’s Accreditation and Rule AMS–NOP–16–0052; NOP–16–03 protein concentrate are essential to
International Activities Division, the organic production and handling and
number of certified U.S. organic crop AMS received seven public comments
should remain on the National List. The
and livestock operations totaled over from ingredient manufacturers, organic
USDA organic regulations may allow
24,669 in March 2017. The list of handlers, and a trade association on the
the use of nonorganic substances that
certified operations is available on the proposal to remove the following three
are not commercially available in
AMS NOP Web site at http:// substances from the National List: organic form, quality, or quantity, and
www.ams.usda.gov/nop. AMS believes Turkish bay leaves, inulin-oligofructose are necessary to organic handling. As
that most of these entities would be enriched, and whey protein concentrate. with other substances in section 205.606
considered small entities under the These substances are listed in section of the National List, organic handlers
criteria established by the SBA. In 205.606 of the National List, which are permitted to use the nonorganic
addition, the USDA has 81 accredited allows nonorganic forms to be used in substance only if the organic substance
certifying agents who provide organic products when organic forms is not commercially available. Handlers
certification services to producers and are not commercially available. will need to demonstrate, and certifiers
handlers. A complete list of names and Removing these substances from the will need to verify, that the organic
addresses of accredited certifying agents National List would mean that only substance is not available in the form,
may be found on the AMS NOP Web organic forms of these ingredients could quality or quantity needed. Further, any
site at http://www.ams.usda.gov/nop. be used in organic products. member of the public may petition to
AMS believes that most of these Changes Made Based on Comments remove an agricultural substance from
accredited certifying agents would be the National List if an organic substance
AMS received public comments becomes commercially available.3
considered small entities under the
which opposed the removal of Turkish
criteria established by the SBA. List of Subjects in 7 CFR Part 205
bay leaves from the National List. These
B. Executive Order 12988 public comments stated that organic Administrative practice and
Executive Order 12988 instructs each Turkish bay leaves are not available in procedure, Agriculture, Animals,
executive agency to adhere to certain the quantity or quality needed to meet Archives and records, Imports, Labeling,
requirements in the development of new organic handling needs. The comments Organically produced products, Plants,
and revised regulations in order to avoid explained that the different flavor Reporting and recordkeeping
unduly burdening the court system. profile of ground organic Turkish bay requirements, Seals and insignia, Soil
This proposed rule is not intended to leaves would negatively impact finished conservation.
have a retroactive effect. products. Comments requested that For the reasons set forth in the
Pursuant to section 6519(f) of OFPA, AMS maintain the allowance for preamble, 7 CFR part 205 is amended as
this proposed rule would not alter the nonorganic Turkish bay leaves while follows:
authority of the Secretary under the suppliers pursue sources of organic
Federal Meat Inspection Act (21 U.S.C. Turkish bay leaves in sufficient quality PART 205—NATIONAL ORGANIC
601–624), the Poultry Products and quantity to meet industry needs. PROGRAM
Inspection Act (21 U.S.C. 451–471), or AMS also received public comments
opposing the proposed removal of ■ 1. The authority citation for 7 CFR
the Egg Products Inspection Act (21
inulin-oligofructose enriched from the part 205 continues to read as follows:
U.S.C. 1031–1056), concerning meat,
poultry, and egg products, nor any of National List. Comments acknowledged Authority: 7 U.S.C. 6501–6522.
the authorities of the Secretary of Health that there are organic or alternate forms ■ 2. Amend § 205.601 by revising
and Human Services under the Federal of inulin available, such as inulin from paragraph (l) to read as follows:
Food, Drug and Cosmetic Act (21 U.S.C. organic agave and fructooligosac
charides, but explained that these are § 205.601 Synthetic substances allowed
301–399), nor the authority of the for use in organic crop production.
Administrator of the U.S. not equivalent to inulin-oligofructose
Environmental Protection Agency (EPA) enriched, which is sourced only from * * * * *
chicory root and provides unique (l) As floating agents in postharvest
under the Federal Insecticide,
functionality for use as a prebiotic in handling. Sodium silicate—for tree fruit
Fungicide, and Rodenticide Act (7
organic infant formula. The comments and fiber processing.
U.S.C. 136–136(y)).
indicated that an adequate supply of * * * * *
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C. Paperwork Reduction Act organic chicory root is not commercially § 205.603 [Amended]
No additional collection or available.
recordkeeping requirements are AMS received public comment ■ 3. Amend § 205.603 by:
imposed on the public by this rule. opposing the removal of whey protein
3 The AMS Web site describes how to submit a
Accordingly, OMB clearance is not concentrate from the National List. petition: https://www.ams.usda.gov/rules-
required by the Paperwork Reduction Whey protein concentrate is used as an regulations/organic/national-list/filing-petition. See
Act of 1995, 44 U.S.C. 3501, Chapter 35. ingredient in various products including also NOP 3011 National List Petition Guidelines.
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![31244 Federal Register / Vol. 82, No. 128 / Thursday, July 6, 2017 / Rules and Regulations
■ a. Removing paragraph (a)(10); and FOR FURTHER INFORMATION CONTACT: FR 11789), § 956.202 was amended by
■ b. Redesignating paragraphs (a)(11) Teresa Hutchinson or Gary Olson, decreasing the assessment rate
through (23) as paragraphs (a)(10) Northwest Marketing Field Office, established for Walla Walla sweet
through (22). Marketing Order and Agreement onions for the 2017 and subsequent
Division, Specialty Crops Program, fiscal periods from $0.22 to $0.10 per
§ 205.605 [Amended] AMS, USDA; Telephone: (503) 326– 50-pound bag or equivalent. The
■ 4. Amend § 205.605(b) by removing 2724, Fax: (503) 326–7440, or Email: decrease in the assessment rate allows
the substance ‘‘Magnesium carbonate— Teresa.Hutchinson@ams.usda.gov or the Committee to reduce its financial
for use only in agricultural products GaryD.Olson@ams.usda.gov. reserve while still providing adequate
labeled ‘‘made with organic (specified Small businesses may obtain funding to meet program expenses.
ingredients or food group(s)),’’ information on complying with this and
prohibited in agricultural products Final Regulatory Flexibility Analysis
other marketing order regulations by
labeled ‘‘organic’’.’’ viewing a guide at the following Web Pursuant to requirements set forth in
site: http://www.ams.usda.gov/rules- the Regulatory Flexibility Act (RFA) (5
§ 205.606 [Amended] U.S.C. 601–612), the Agricultural
regulations/moa/small-businesses; or by
■ 5. Amend § 205.606 by: contacting Richard Lower, Marketing Marketing Service (AMS) has
■ a. Removing paragraphs (c), (e), (h), Order and Agreement Division, considered the economic impact of this
(o), and (s); and Specialty Crops Program, AMS, USDA, rule on small entities. Accordingly,
■ b. Redesignating paragraphs (d), (f), AMS has prepared this final regulatory
1400 Independence Avenue SW., STOP
(g), (i) through (n), (p) through (r), and 0237, Washington, DC 20250–0237; flexibility analysis.
(t) through (y) as paragraphs (c) through Telephone: (202) 720–2491, Fax: (202) The purpose of the RFA is to fit
(t), respectively. 720–8938, or Email: Richard.Lower@ regulatory actions to the scale of
Dated: June 28, 2017. ams.usda.gov. businesses subject to such actions in
order that small businesses will not be
Bruce Summers, SUPPLEMENTARY INFORMATION: This rule unduly or disproportionately burdened.
Acting Administrator, Agricultural Marketing is issued under Marketing Agreement Marketing orders issued pursuant to the
Service. and Order No. 956, as amended (7 CFR Act, and the rules issued thereunder, are
[FR Doc. 2017–14006 Filed 7–5–17; 8:45 am] part 956), regulating the handling of unique in that they are brought about
BILLING CODE 3410–02–P sweet onions grown in the Walla Walla through group action of essentially
Valley of southeast Washington and small entities acting on their own
northeast Oregon, hereinafter referred to behalf.
DEPARTMENT OF AGRICULTURE as the ‘‘order.’’ The order is effective There are 9 handlers of Walla Walla
under the Agricultural Marketing sweet onions subject to regulation under
Agricultural Marketing Service
Agreement Act of 1937, as amended (7 the order and approximately 30
U.S.C. 601–674), hereinafter referred to producers in the regulated production
7 CFR Part 956
as the ‘‘Act.’’ area. Small agricultural service firms are
The Department of Agriculture defined by the Small Business
[Doc. No. AMS–SC–16–0116; SC17–956–1
FIR] (USDA) is issuing this rule in Administration as those having annual
conformance with Executive Orders receipts of less than $7,500,000, and
Sweet Onions Grown in the Walla 12866, 13771, 13563, and 13175. small agricultural producers are defined
Walla Valley of Southeast Washington This action falls within a category of as those having annual receipts of less
and Northeast Oregon; Decreased regulatory actions that the Office of than $750,000 (13 CFR 121.201).
Assessment Rate Management and Budget (OMB) During the 2016 marketing year, the
exempted from Executive Order 12866 Committee reported that approximately
AGENCY: Agricultural Marketing Service, review. Additionally, because this rule 304,500 50-pound bags or equivalents of
USDA. does not meet the definition of a Walla Walla sweet onions were shipped
ACTION: Affirmation of interim rule as significant regulatory action, it does not into the fresh market. Based on
final rule. trigger the requirements contained in information reported by USDA’s Market
Executive Order 13771. See OMB’s News Service, the average 2016
SUMMARY: The Department of Memorandum titled ‘‘Interim Guidance marketing year f.o.b. shipping point
Agriculture is adopting, as a final rule, Implementing Section 2 of the Executive price for the Walla Walla sweet onions
without change, an interim rule that Order of January 30, 2017, titled was $19.55 per 50-pound equivalent.
implemented a recommendation from ‘Reducing Regulation and Controlling Multiplying the $19.55 average price by
the Walla Walla Sweet Onion Marketing Regulatory Costs’ ’’ (February 2, 2017). the shipment quantity of 304,500 50-
Committee (Committee) to decrease the Under the order, Walla Walla sweet pound equivalents yields an annual
assessment rate established for the 2017 onion handlers are subject to crop revenue estimate of $5,952,975.
and subsequent fiscal periods from assessments. Funds to administer the The average annual revenue for each of
$0.22 to $0.10 per 50-pound bag or order are derived from such the 9 handlers is therefore calculated to
equivalent of sweet onions handled. The assessments. Assessment rates issued be $661,442 ($5,952,975 divided by 9),
Committee locally administers the under the order are intended to be which is considerably less than the
marketing order and is comprised of applicable to all assessable Walla Walla Small Business Administration
producers and handlers of sweet onions sweet onions for the entire fiscal period threshold of $7,500,000. Consequently,
jstallworth on DSK7TPTVN1PROD with RULES
operating within the area of production and continue indefinitely until all of the Walla Walla sweet onion
along with one public member. The amended, suspended, or terminated. handlers could be classified as small
interim rule was necessary to allow the The Committee’s fiscal period begins on entities.
Committee to reduce its financial January 1 and ends on December 31. In addition, based on information
reserve while still providing adequate In an interim rule published in the provided by the National Agricultural
funding to meet program expenses. Federal Register on February 27, 2017, Statistics Service (NASS), the average
DATES: Effective July 7, 2017. and effective on February 28, 2017 (82 producer price for Walla Walla sweet
VerDate Sep<11>2014 14:53 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/82_FR_31369/page/4.svg)
Document Created: 2017-07-06 01:04:35
Document Modified: 2017-07-06 01:04:35
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective on August 7, 2017. The renewal of the substances inulin-oligofructose enriched, Turkish bay leaves, and whey protein concentrate for inclusion on the National List is applicable beginning on June 27, 2017. | |
| Contact | Paul Lewis, Ph.D., Director, Standards Division, Telephone: (202) 720-3252; Fax: (202) 260-9151. | |
| FR Citation | 82 FR 31241 | |
| RIN Number | 0581-AD52 | |
| CFR Associated | Administrative Practice and Procedure; Agriculture; Animals; Archives and Records; Imports; Labeling; Organically Produced Products; Plants; Reporting and Recordkeeping Requirements; Seals and Insignia and Soil Conservation |
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