83 FR 18744 - National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances for 2017 NOSB Recommendations (Livestock and Handling)
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 83, Issue 83 (April 30, 2018)
Agricultural Marketing Service
Federal Register Volume 83, Issue 83 (April 30, 2018)
| Page Range | 18744-18747 | |
| FR Document | 2018-08991 |
[Federal Register Volume 83, Number 83 (Monday, April 30, 2018)] [Proposed Rules] [Pages 18744-18747] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-08991] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Proposed Rules [[Page 18744]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS-NOP-17-0080; NOP-17-09] RIN 0581 AD78 National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances for 2017 NOSB Recommendations (Livestock and Handling) AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would amend the National List of Allowed and Prohibited Substances (National List) section of the United States Department of Agriculture's (USDA's) organic regulations to implement recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board (NOSB). This rule proposes to: Add elemental sulfur to the National List for use in organic livestock production; and, reclassify potassium acid tartrate from a non- agricultural substance to an agricultural substance and require the organic form of the ingredient when commercially available. DATES: Comments must be received by June 29, 2018. ADDRESSES: Interested persons may comment on the proposed rule using the following procedures:Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Mail: Robert Pooler, Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW, Room 2642-S., Ag Stop 0268, Washington, DC 20250-0268. Telephone: (202) 720-3252. Instructions: All submissions received must include the docket number AMS-NOP-17-0080; NOP-17-09, and/or Regulatory Information Number (RIN) 0581-AD78 for this rulemaking. When submitting a comment, clearly indicate the proposed rule topic and section number to which the comment refers. In addition, comments should clearly indicate whether the commenter supports the action being proposed and also clearly indicate the reason(s) for the position. Comments can also include information on alternative management practices, where applicable, that support alternatives to the proposed amendments. Comments should also offer any recommended language change(s) that would be appropriate to the position. Please include relevant information and data to support the position such as scientific, environmental, manufacturing, industry, or impact information, or similar sources. Only relevant material supporting the position should be submitted. All comments received will be posted without change to http://www.regulations.gov. Document: To access the document and read background documents, or comments received, go to http://www.regulations.gov. Comments submitted in response to this proposed rule will also be available for viewing in person at USDA-AMS, National Organic Program, Room 2642-South Building, 1400 Independence Ave. SW, Washington, DC, from 9 a.m. to 12 noon and from 1 p.m. to 4 p.m., Monday through Friday (except official Federal holidays). Persons wanting to visit the USDA South Building to view comments received in response to this proposed rule are requested to make an appointment in advance by calling (202) 720-3252. FOR FURTHER INFORMATION CONTACT: Robert Pooler, Standards Division, National Organic Program. Telephone: (202) 720-3252. SUPPLEMENTARY INFORMATION: I. Background On December 21, 2000, the Secretary established the National List within part 205 of the USDA organic regulations (7 CFR 205.600 through 205.607). The National List identifies the synthetic substances that may be used and the nonsynthetic (natural) substances that may 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 Organic Foods Production Act of 1990, as amended, (7 U.S.C. 6501-6522) (OFPA), and Sec. 205.105 of the 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 and any nonsynthetic nonagricultural substance used in organic handling be on the National List. Under the authority of OFPA, the National List can be amended by the Secretary based on recommendations presented by the NOSB. Since the final rule establishing the National Organic Program (NOP) became effective on October 21, 2002, USDA's Agricultural Marketing Service (AMS) has published multiple rules amending the National List. This proposed rule would amend the National List to implement two NOSB recommendations on two amendments to the National List. These recommendations were submitted to the Secretary on November 7, 2017. Table 1 summarizes the proposed changes to the National List based on these NOSB recommendations. Table 1--Substances Being Added to the National List or Current Listings Being Amended -------------------------------------------------------------------------------------------------------------------------------------------------------- Substance National List section Proposed rule action -------------------------------------------------------------------------------------------------------------------------------------------------------- Elemental sulfur............................... Sec. 205.603(b) Add to National List. Potassium acid tartrate........................ Sec. 205.605 & Sec. Reclassify listing and move within National List. 205.606 -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 18745]] II. Overview of Proposed Amendments The following provides an overview of the proposed amendments to designated sections of the National List regulations: Sec. 205.603 Synthetic substances allowed for use in organic livestock production. This proposed rule would add one substance to Sec. 205.603, synthetic substances allowed for use in organic livestock production. Elemental Sulfur The proposed rule would amend the National List to add elemental sulfur for use as a parasiticide to treat livestock and livestock housing. Table 2 illustrates the proposed listing. Table 2--Proposed Rule Action for Elemental Sulfur ------------------------------------------------------------------------ ------------------------------------------------------------------------ Current rule: N/A. Proposed rule action: Add elemental sulfur to Sec. 205.603(b). ------------------------------------------------------------------------ On March 1, 2016, AMS received a petition \1\ to add elemental sulfur to the National List in Sec. 205.603 for use as a topical pesticide treatment in organic livestock production to repel mites, fleas, and ticks from livestock and livestock living quarters. Mites, fleas, and ticks are vectors of livestock diseases and under favorable conditions may heavily infest livestock and livestock living quarters. Elemental sulfur is dusted on and rubbed into the feathers and hair of livestock and applied to interior surfaces of livestock housing. The USDA organic regulations allow elemental sulfur for use in organic crop production as an insecticide (including mite control), Sec. 205.601(e); as a plant disease control, Sec. 205.601(i); and as a plant or soil amendment, Sec. 205.601(j). --------------------------------------------------------------------------- \1\ Elemental sulfur petition: https://www.ams.usda.gov/rules-regulations/organic/national-list/petitioned. Under ``S.'' --------------------------------------------------------------------------- At its November 2, 2017 public meeting, the NOSB considered the petition to add elemental sulfur to the National List for use in organic livestock production and received public comment. In its review, the NOSB also considered a March 2017 technical evaluation report (technical report) on elemental sulfur \2\ that described its manufacture, industry uses, regulation, and chemical properties. --------------------------------------------------------------------------- \2\ The technical report for elemental sulfur is available on the AMS website, organized in alphabetical order: https://www.ams.usda.gov/rules-regulations/organic/national-list/petitioned. --------------------------------------------------------------------------- In consideration of the petition, technical report, and public comments, the NOSB determined that the use of elemental sulfur as a topical pesticide for organic livestock satisfies OFPA evaluation criteria for National List substances and recommended adding elemental sulfur to Sec. 205.603 as an external parasiticide in organic livestock production.\3\ AMS has reviewed and proposes to address this NOSB recommendation through this proposed rule. Consistent with the NOSB recommendation, this proposed rule would amend the National List by adding elemental sulfur to Sec. 205.603(b) as an external parasiticide. This would permit the use of elemental sulfur on livestock and livestock housing when preventive measures have failed (Sec. 205.238).\4\ --------------------------------------------------------------------------- \3\ NOSB elemental sulfur recommendation: https://www.ams.usda.gov/sites/default/files/media/LSSulfurFinalRec.pdf. \4\ Section 205.238(b) permits organic producers to use synthetic medications which are allowed for use in Sec. 205.603 when preventive practices are inadequate. --------------------------------------------------------------------------- Sec. 205.605 Nonagricultural (nonorganic) substances allowed as ingredients in or on processed products labeled as ``organic'' or ``made with organic (specified ingredients or food group(s)).'' This proposed rule would move one substance, currently listed in Sec. 205.605, to Sec. 205.606. Potassium Acid Tartrate The proposed rule would amend the National List to reclassify potassium acid tartrate from a non-agricultural substance listed in Sec. 205.605(b) to an agricultural substance listed in Sec. 205.606. Table 3--Proposed Rule Action for Potassium Acid Tartrate ------------------------------------------------------------------------ ------------------------------------------------------------------------ Current rule: Sec. 205.605(b), potassium acid tartrate. Proposed rule action: Remove potassium acid tartrate from Sec. 205.605(b) and insert potassium acid tartrate under Sec. 205.606. ------------------------------------------------------------------------ Potassium acid tartrate is currently allowed as a synthetic substance for use in organic handling. The U.S. Food and Drug Administration (FDA) allows potassium acid tartrate to be used as a leavening agent, pH control agent, or antimicrobial agent. Other uses that are permitted by the FDA include as an anticaking agent, a formulation aid, a humectant, a stabilizer and thickener, and a surface-active agent (21 CFR 184.1077). Potassium acid tartrate has been on the National List since October 2002. During its November 2017 public meeting, the NOSB considered the proposal to reclassify potassium acid tartrate as an agricultural substance. Specifically, the NOSB considered new information in an updated January 2017 technical report on potassium acid tartrate.\5\ This report described how potassium acid tartrate is a byproduct of the wine making process and is extracted with water. Prior to and during this meeting, the NOSB also received and considered public comment on the proposal. The NOSB determined that potassium acid tartrate meets the definition of an ``agricultural product'' in Sec. 205.2 of the USDA organic regulations because it is derived from an agricultural product (grapes) and does not undergo a chemical change during extraction.\6\ This is consistent with the USDA organic regulations and the NOP guidance on classification of agricultural and nonagricultural materials.\7\ Therefore, the NOSB recommended reclassifying potassium acid tartrate as an agricultural substance and moving it to section 205.606 of the National List. This action would require organic handlers who use potassium tartrate to source an organic form of the ingredient. If the ingredient is not commercially available,\8\ the nonorganic form may be used. --------------------------------------------------------------------------- \5\ 2017 potassium acid tartrate technical report: https://www.ams.usda.gov/rules-regulations/organic/national-list/petitioned. Under ``P.'' \6\ The USDA organic regulations define ``agricultural product'' as: ``Any agricultural commodity or product, whether raw or processed, including any commodity or product derived from livestock, that is marketing in the United States for human or livestock consumption.'' \7\ NOP 5033, Classification of Materials: https://www.ams.usda.gov/sites/default/files/media/Program%20Handbk_TOC.pdf. \8\ See 7 CFR 205.606 and 7 CFR 205.2 for definition of ``Commercially available.'' --------------------------------------------------------------------------- Consistent with the NOSB recommendation, this proposed rule would amend Sec. 205.605 by removing potassium acid tartrate from Sec. 205.605(b) and inserting it in Sec. 205.606. III. Related Documents On May 30, 2017, a Notice was published in the Federal Register (82 FR 24659) announcing the fall 2017 NOSB meeting. The purpose of the meeting was to deliberate on recommendations on substances petitioned as amendments to the National List. IV. Statutory and Regulatory Authority The OFPA authorizes the Secretary to make amendments to the National List based on recommendations developed by the NOSB. Sections 6518(k) and 6518(n) of the OFPA authorize the NOSB to develop recommendations for submission to the Secretary to amend [[Page 18746]] the National List and establish a process by which persons may petition the NOSB for the purpose of having substances evaluated for inclusion on or deletion from the National List. Section 205.607 of the USDA organic regulations sets forth the National List petition process. The current petition process (81 FR 12680, March 10, 2016) can be accessed through the NOP Program Handbook on the NOP website at https://www.ams.usda.gov/rules-regulations/organic/handbook. A. Executive Orders 12866 and 13771, and Regulatory Flexibility Act This action falls within a category of regulatory actions that the Office of Management and Budget (OMB) has exempted from Executive Order 12866. Additionally, because this proposal 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'[thinsp]'' (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. The Small Business Administration (SBA) sets size criteria for each industry described in the North American Industry Classification System (NAICS), to delineate which operations qualify as small businesses. The SBA has classified small agricultural producers that engage in crop and animal production as those with average annual receipts of less than $750,000. Handlers are involved in a broad spectrum of food production activities and fall into various categories in the NAICS Food Manufacturing sector. The small business thresholds for food manufacturing operations are based on the number of employees and range from 500 to 1,250 employees, depending on the specific type of manufacturing. Certifying agents fall under the NAICS subsector, ``All other professional, scientific and technical services.'' For this category, the small business threshold is average annual receipts of less than $15 million. AMS has considered the economic impact of this proposed rulemaking on small agricultural entities. Data collected by the USDA National Agricultural Statistics Service (NASS) and the NOP indicate most of the certified organic production operations in the U.S. would be considered small entities. According to the 2016 Certified Organic NASS Survey, 13,954 certified organic farms in the U.S. reported sales of organic products and total farmgate sales in excess of $7.5 billion.\9\ Based on that data, organic sales average $541,000 per farm. Assuming a normal distribution of producers, we expect that most of these producers would fall under the $700,000 sales threshold to qualify as a small business. --------------------------------------------------------------------------- \9\ U.S. Department of Agriculture, National Agricultural Statistics Service. September 2017. Certified Organic Survey, 2016 Summary. http://usda.mannlib.cornell.edu/usda/current/OrganicProduction/OrganicProduction-09-20-2017_correction.pdf. --------------------------------------------------------------------------- According to the NOP's Organic Integrity Database there are 9,633 certified handlers in the U.S.\10\ The Organic Trade Association's 2017 Organic Industry Survey has information about employment trends among organic manufacturers. The reported data are stratified into three groups by the number of employees per company: Less than 5; 5 to 49; and 50 plus. These data are representative of the organic manufacturing sector and the lower bound (50) of the range for the larger manufacturers is significantly smaller than the SBA's small business thresholds (500 to 1,250). Therefore, AMS expects that most organic handlers would qualify as small businesses. --------------------------------------------------------------------------- \10\ Organic Integrity Database: https://organic.ams.usda.gov/Integrity/. Accessed on March 23, 2018. --------------------------------------------------------------------------- The USDA has 82 accredited certifying agents who provide organic certification services to producers and handlers. The certifying agent that reports the most certified operations, nearly 3,500, would need to charge approximately $4,200 in certification fees in order to exceed the SBA's small business threshold of $15 million. The costs for certification generally range from $500 to $3,500, depending on the complexity of the operation. Therefore, AMS expects that most of the accredited certifying agents would qualify as small entities under the SBA criteria. The economic impact on entities affected by this rule would not be significant. The effect of this rule, if implemented as final, would be to allow the use of additional substances in organic crop or livestock production and organic handling. This action would increase regulatory flexibility and would give small entities more tools to use in day-to- day operations. AMS concludes that the economic impact of this addition, if any, would be minimal and beneficial to small agricultural service firms. Accordingly, USDA certifies that this rule would not have a significant economic impact on a substantial number of small entities. 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. Accordingly, to prevent duplicative regulation, states and local jurisdictions are preempted under the OFPA from creating programs of accreditation for private persons or state officials who want to become certifying agents of organic farms or handling operations. A governing state official would have to apply to USDA to be accredited as a certifying agent, as described in section 6514(b) of the OFPA. States are also preempted under sections 6503 through 6507 of the OFPA from creating certification programs to certify organic farms or handling operations unless the state programs have been submitted to, and approved by, the Secretary as meeting the requirements of the OFPA. Pursuant to section 6507(b)(2) of the OFPA, a state organic certification program that has been approved by the Secretary may, under certain circumstances, contain additional requirements for the production and handling of agricultural products organically produced in the state and for the certification of organic farm and handling operations located within the state. Such additional requirements must (a) further the purposes of the OFPA, (b) not be inconsistent with the OFPA, (c) not be discriminatory toward agricultural commodities organically produced in other States, and (d) not be effective until approved by the Secretary. In addition, pursuant to section 6519(c)(6) of the OFPA, this proposed rule would not supersede or 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, respectively, nor any of the authorities of the Secretary of Health and Human Services [[Page 18747]] under the Federal Food, Drug and Cosmetic Act (21 U.S.C. 301 et seq.), nor the authority of the Administrator of the Environmental Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.). C. Paperwork Reduction Act No additional collection or recordkeeping requirements are imposed on the public by this proposed 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. General Notice of Public Rulemaking This proposed rule reflects recommendations submitted by the NOSB to the Secretary to add one substance to the National List and to reclassify one substance on the National List. A 60-day period for interested persons to comment on this rule is provided. 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, subpart G is proposed to be 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. 205.603 by redesignating paragraphs (b)(2) through (b)(8) as (b)(3) through (b)(9) and adding new paragraph (b)(2) to read as follows: Sec. 205.603 Synthetic substances allowed for use in organic livestock production. * * * * * (b) * * * (2) Elemental sulfur--for treatment of livestock and livestock housing. * * * * * Sec. 205.605 [Amended] 0 3. Amend Sec. 205.605 paragraph (b) by removing ``Potassium acid tartrate.'' 0 4. Amend Sec. 205.606, by redesignating paragraphs (o) through (t) as (p) through (u) and adding new paragraph (o) to read as follows: Sec. 205.606 Nonorganically produced agricultural products allowed as ingredients in or on processed products labeled as ``organic.'' * * * * * (o) Potassium acid tartrate. * * * * * Dated: April 24, 2018. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2018-08991 Filed 4-27-18; 8:45 am] BILLING CODE 3410-02-P
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Proposed Rules Federal Register
Vol. 83, No. 83
Monday, April 30, 2018
This section of the FEDERAL REGISTER • Mail: Robert Pooler, Standards FOR FURTHER INFORMATION CONTACT:
contains notices to the public of the proposed Division, National Organic Program, Robert Pooler, Standards Division,
issuance of rules and regulations. The USDA–AMS–NOP, 1400 Independence National Organic Program. Telephone:
purpose of these notices is to give interested Ave. SW, Room 2642–S., Ag Stop 0268, (202) 720–3252.
persons an opportunity to participate in the Washington, DC 20250–0268.
rule making prior to the adoption of the final SUPPLEMENTARY INFORMATION:
rules.
Telephone: (202) 720–3252.
Instructions: All submissions received I. Background
must include the docket number AMS–
DEPARTMENT OF AGRICULTURE NOP–17–0080; NOP–17–09, and/or On December 21, 2000, the Secretary
Regulatory Information Number (RIN) established the National List within part
Agricultural Marketing Service 0581–AD78 for this rulemaking. When 205 of the USDA organic regulations (7
submitting a comment, clearly indicate CFR 205.600 through 205.607). The
7 CFR Part 205 the proposed rule topic and section National List identifies the synthetic
number to which the comment refers. In substances that may be used and the
[Document Number AMS–NOP–17–0080; addition, comments should clearly
NOP–17–09] nonsynthetic (natural) substances that
indicate whether the commenter may not be used in organic production.
RIN 0581 AD78 supports the action being proposed and The National List also identifies
also clearly indicate the reason(s) for the synthetic, nonsynthetic nonagricultural,
National Organic Program; Proposed position. Comments can also include and nonorganic agricultural substances
Amendments to the National List of information on alternative management that may be used in organic handling.
Allowed and Prohibited Substances for practices, where applicable, that
2017 NOSB Recommendations support alternatives to the proposed The Organic Foods Production Act of
(Livestock and Handling) amendments. Comments should also 1990, as amended, (7 U.S.C. 6501–6522)
offer any recommended language (OFPA), and § 205.105 of the USDA
AGENCY: Agricultural Marketing Service, organic regulations specifically prohibit
change(s) that would be appropriate to
USDA. the use of any synthetic substance in
the position. Please include relevant
ACTION: Proposed rule. information and data to support the organic production and handling unless
position such as scientific, the synthetic substance is on the
SUMMARY: This proposed rule would
amend the National List of Allowed and environmental, manufacturing, National List. Section 205.105 also
Prohibited Substances (National List) industry, or impact information, or requires that any nonorganic
section of the United States Department similar sources. Only relevant material agricultural and any nonsynthetic
of Agriculture’s (USDA’s) organic supporting the position should be nonagricultural substance used in
regulations to implement submitted. All comments received will organic handling be on the National
recommendations submitted to the be posted without change to http:// List. Under the authority of OFPA, the
Secretary of Agriculture (Secretary) by www.regulations.gov. National List can be amended by the
Document: To access the document Secretary based on recommendations
the National Organic Standards Board
and read background documents, or presented by the NOSB. Since the final
(NOSB). This rule proposes to: Add
comments received, go to http:// rule establishing the National Organic
elemental sulfur to the National List for
www.regulations.gov. Comments Program (NOP) became effective on
use in organic livestock production;
submitted in response to this proposed October 21, 2002, USDA’s Agricultural
and, reclassify potassium acid tartrate rule will also be available for viewing in
from a non-agricultural substance to an Marketing Service (AMS) has published
person at USDA–AMS, National Organic multiple rules amending the National
agricultural substance and require the Program, Room 2642-South Building,
organic form of the ingredient when List.
1400 Independence Ave. SW,
commercially available. Washington, DC, from 9 a.m. to 12 noon This proposed rule would amend the
DATES: Comments must be received by and from 1 p.m. to 4 p.m., Monday National List to implement two NOSB
June 29, 2018. through Friday (except official Federal recommendations on two amendments
ADDRESSES: Interested persons may holidays). Persons wanting to visit the to the National List. These
comment on the proposed rule using the USDA South Building to view recommendations were submitted to the
following procedures: comments received in response to this Secretary on November 7, 2017. Table 1
• Federal eRulemaking Portal: http:// proposed rule are requested to make an summarizes the proposed changes to the
www.regulations.gov. Follow the appointment in advance by calling (202) National List based on these NOSB
instructions for submitting comments. 720–3252. recommendations.
TABLE 1—SUBSTANCES BEING ADDED TO THE NATIONAL LIST OR CURRENT LISTINGS BEING AMENDED
nshattuck on DSK9F9SC42PROD with PROPOSALS
Substance National List section Proposed rule action
Elemental sulfur .............................................................................. § 205.603(b) Add to National List.
Potassium acid tartrate ................................................................... § 205.605 & § 205.606 Reclassify listing and move within National List.
VerDate Sep<11>2014 15:05 Apr 27, 2018 Jkt 244001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\30APP1.SGM 30APP1](https://thefederalregister.org/doc/83_FR_18827/page/1.svg)
![Federal Register / Vol. 83, No. 83 / Monday, April 30, 2018 / Proposed Rules 18747
under the Federal Food, Drug and § 205.605 [Amended] p.m., Monday through Friday, except
Cosmetic Act (21 U.S.C. 301 et seq.), nor ■ 3. Amend § 205.605 paragraph (b) by Federal holidays.
the authority of the Administrator of the removing ‘‘Potassium acid tartrate.’’ For service information identified in
Environmental Protection Agency under ■ 4. Amend § 205.606, by redesignating this NPRM, contact General Electric
the Federal Insecticide, Fungicide and paragraphs (o) through (t) as (p) through Company, GE Aviation, Room 285, 1
Rodenticide Act (7 U.S.C. 136 et seq.). (u) and adding new paragraph (o) to Neumann Way, Cincinnati, OH 45215;
read as follows: phone: 513–552–3272; email:
C. Paperwork Reduction Act aviation.fleetsupport@ge.com. You may
§ 205.606 Nonorganically produced view this service information at the
No additional collection or agricultural products allowed as ingredients
recordkeeping requirements are FAA, Engine and Propeller Standards
in or on processed products labeled as
imposed on the public by this proposed ‘‘organic.’’ Branch, 1200 District Avenue,
rule. Accordingly, OMB clearance is not Burlington, MA. For information on the
* * * * * availability of this material at the FAA,
required by the Paperwork Reduction (o) Potassium acid tartrate.
Act of 1995, 44 U.S.C. 3501, Chapter 35. call 781–238–7759.
* * * * *
D. Executive Order 13175 Examining the AD Docket
Dated: April 24, 2018.
Bruce Summers, You may examine the AD docket on
This proposed rule has been reviewed the internet at http://
in accordance with the requirements of Acting Administrator, Agricultural Marketing
Service. www.regulations.gov by searching for
Executive Order 13175, Consultation and locating Docket No. FAA–2018–
and Coordination with Indian Tribal [FR Doc. 2018–08991 Filed 4–27–18; 8:45 am]
0224; or in person at Docket Operations
Governments. The review reveals that BILLING CODE 3410–02–P
between 9 a.m. and 5 p.m., Monday
this regulation will not have substantial through Friday, except Federal holidays.
and direct effects on tribal governments The AD docket contains this NPRM, the
and will not have significant tribal DEPARTMENT OF TRANSPORTATION regulatory evaluation, any comments
implications. received, and other information. The
Federal Aviation Administration
E. General Notice of Public Rulemaking street address for Docket Operations
14 CFR Part 39 (phone: 800–647–5527) is listed above.
This proposed rule reflects Comments will be available in the AD
recommendations submitted by the [Docket No. FAA–2018–0224; Product docket shortly after receipt.
NOSB to the Secretary to add one Identifier 2018–NE–01–AD] FOR FURTHER INFORMATION CONTACT:
substance to the National List and to Christopher McGuire, Aerospace
reclassify one substance on the National Airworthiness Directives; General
Electric Company Turbofan Engines Engineer, ECO Branch, FAA, 1200
List. A 60-day period for interested District Avenue, Burlington MA; phone:
persons to comment on this rule is AGENCY: Federal Aviation 781–238–7120; fax: 781–238–7199;
provided. Administration (FAA), DOT. email: chris.mcguire@faa.gov.
List of Subjects in 7 CFR Part 205 ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION:
(NPRM).
Administrative practice and Comments Invited
procedure, Agriculture, Animals, SUMMARY: We propose to adopt a new We invite you to send any written
Archives and records, Imports, Labeling, airworthiness directive (AD) for all relevant data, views, or arguments about
Organically produced products, Plants, General Electric Company (GE) GEnx– this proposal. Send your comments to
Reporting and recordkeeping 1B engines. This proposed AD was an address listed under the ADDRESSES
requirements, Seals and insignia, Soil prompted by a report of a center vent section. Include ‘‘Docket No. FAA–
conservation. tube (CVT) failure leading to a loss of oil 2018–0224; Product Identifier 2018–
pressure and subsequent in-flight engine NE–01–AD’’ at the beginning of your
For the reasons set forth in the
shutdown. This proposed AD would comments. We specifically invite
preamble, 7 CFR part 205, subpart G is
require removal of the Air/Oil Extension comments on the overall regulatory,
proposed to be amended as follows:
Ducts, part numbers (P/N) 2332M85P01 economic, environmental, and energy
PART 205—NATIONAL ORGANIC or 2331M25G03. We are proposing this aspects of this NPRM. We will consider
PROGRAM AD to address the unsafe condition on all comments received by the closing
these products. date and may amend this NPRM
■ 1. The authority citation for 7 CFR DATES: We must receive comments on because of those comments.
part 205 continues to read as follows: this proposed AD by June 14, 2018. We will post all comments we
ADDRESSES: You may send comments, receive, without change, to http://
Authority: 7 U.S.C. 6501–6522. using the procedures found in 14 CFR www.regulations.gov, including any
11.43 and 11.45, by any of the following personal information you provide. We
■ 2. Amend § 205.603 by redesignating
methods: will also post a report summarizing each
paragraphs (b)(2) through (b)(8) as (b)(3)
• Federal eRulemaking Portal: Go to substantive verbal contact we receive
through (b)(9) and adding new
http://www.regulations.gov. Follow the about this NPRM.
paragraph (b)(2) to read as follows:
instructions for submitting comments.
nshattuck on DSK9F9SC42PROD with PROPOSALS
Discussion
§ 205.603 Synthetic substances allowed • Fax: 202–493–2251.
for use in organic livestock production. • Mail: U.S. Department of We were prompted to issue this
* * * * * Transportation, Docket Operations, NPRM based upon a report of a CVT
M–30, West Building Ground Floor, failure leading to a loss of oil pressure
(b) * * * and subsequent in-flight engine
Room W12–140, 1200 New Jersey
(2) Elemental sulfur—for treatment of Avenue SE, Washington, DC 20590. shutdown. During the event, the CVT
livestock and livestock housing. • Hand Delivery: Deliver to Mail failed due to oil leaking into the fan mid
* * * * * address above between 9 a.m. and 5 shaft, resulting in coking on the seal
VerDate Sep<11>2014 15:05 Apr 27, 2018 Jkt 244001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\30APP1.SGM 30APP1](https://thefederalregister.org/doc/83_FR_18827/page/4.svg)
Document Created: 2018-04-28 01:03:57
Document Modified: 2018-04-28 01:03:57
| 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 | Proposed rule. | |
| Dates | Comments must be received by June 29, 2018. | |
| Contact | Robert Pooler, Standards Division, National Organic Program. Telephone: (202) 720-3252. | |
| FR Citation | 83 FR 18744 | |
| RIN Number | 0581 AD78 | |
| 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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