National Organic Program: Notice of Policies Addressing Kelp, Seeds and Planting Stock, Livestock Feed, and Responding to Pesticide Residue Testing, 13776-13777 [2013-04823]

Download as PDF 13776 Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Rules and Regulations 799). The rule was determined to be Categorically Excluded. Therefore, no environmental assessment or environmental impact statement will be completed for this final rule. Executive Order 12372 Executive Order 12372, ‘‘Intergovernmental Review of Federal Programs,’’ requires consultation with State, and local officials. The objectives of the Executive Order are to foster an intergovernmental partnership and a strengthened Federalism, by relying on State, and local processes for State, and local government coordination and review of proposed Federal Financial assistance and direct Federal development. For reasons set forth in the Notice to 7 CFR part 3015, subpart V (48 FR 29115, June 24, 1983), the programs and activities within this rule are excluded from the scope of Executive Order 12372. Executive Order 12988 This rule has been reviewed in accordance with Executive Order 12988, ‘‘Civil Justice Reform.’’ This rule is not retroactive and it does not preempt State, or local laws, regulations, or policies unless they present an irreconcilable conflict with this rule. Before any judicial action may be brought regarding the provisions of this rule the administrative appeal provisions of 7 CFR parts 11 and 780 must be exhausted. emcdonald on DSK67QTVN1PROD with RULES Executive Order 13132 This rule has been reviewed under Executive Order 13132, ‘‘Federalism.’’ The policies contained in this rule do not have any substantial direct effect on States, the relationship between the Federal government and the States, or the distribution of power and responsibilities among the various levels of government. Nor does this rule impose substantial direct compliance costs on State, and local governments. Therefore, consultation with the States is not required. Executive Order 13175 This rule has been reviewed for compliance with Executive Order 13175, ‘‘Consultation and Coordination with Indian Tribal Governments.’’ Executive Order 13175 imposes requirements on the development of regulatory policies that have Tribal implications or preempt Tribal laws. The policies contained in this rule do not preempt Tribal law. FSA has been working closely with the USDA Office of Tribal Relations to ensure that the rule meets the concerns of Tribal leaders and to develop a plan VerDate Mar<15>2010 14:12 Feb 28, 2013 Jkt 229001 to improve the rule implementation with FSA staff. USDA will also respond in a timely and meaningful manner to all Tribal government requests for consultation concerning this rule and will provide additional venues, such as webinars and teleconferences, to periodically host collaborative conversations with Tribal leaders and their representatives concerning ways to implement this rule in Indian country. We received one comment on the interim rule, from a group representing Tribal farmers and ranchers. That comment is addressed above and noted that the local county committee and local FSA office should improve outreach efforts to Tribal members. PART 7—SELECTION AND FUNCTIONS OF FARM SERVICE AGENCY STATE AND COUNTY COMMITTEES Accordingly, we are adopting as final, without change, the interim rule that amended 7 CFR part 7 and that was published at 77 FR 33063–33075 on June 5, 2012. ■ Signed on December 4, 2012. Thomas J. Vilsack, Secretary of Agriculture. [FR Doc. 2013–04790 Filed 2–28–13; 8:45 am] BILLING CODE 3410–05–P DEPARTMENT OF AGRICULTURE Unfunded Mandates Reform Act Agricultural Marketing Service Title II of the Unfunded Mandate Reform Act of 1995 (UMRA, Pub. L. 104–4) requires Federal agencies to assess the effects of their regulatory actions on State, local, or Tribal governments or the private sector. Agencies generally must prepare a written statement, including a cost benefit analysis, for proposed and final rules with Federal mandates that may result in expenditures of $100 million or more in any 1 year for State, local, or Tribal governments, in the aggregate, or to the private sector. UMRA generally requires agencies to consider alternatives and adopt the more cost effective or least burdensome alternative that achieves the objectives of the rule. This rule contains no Federal mandates under the regulatory provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) for State, local, or Tribal governments, or the private sector. Therefore, this rule is not subject to the requirements of sections 202 and 205 of UMRA. 7 CFR Part 205 Paperwork Reduction Act Currently approved information collection activities are covered under OMB control number 0560–0229. This rule involves no change to the currently approved collection of information. E-Government Act Compliance FSA is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. List of Subjects for 7 CFR Part 7 Agriculture. PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 [Document Number AMS–NOP–11–0002; NOP–11–02] National Organic Program: Notice of Policies Addressing Kelp, Seeds and Planting Stock, Livestock Feed, and Responding to Pesticide Residue Testing Agricultural Marketing Service, USDA. ACTION: Notice of availability of final guidance. AGENCY: The National Organic Program (NOP) is announcing the availability of three final guidance documents and one instruction document intended for use by certifying agents and certified operations. The final guidance and instruction documents are entitled as follows: ‘‘The Use of Kelp in Organic Livestock Feed (NOP 5027); Responding to Results from Pesticide Residue Testing (NOP 2613)’’; ‘‘Seeds, Annual Seedlings, and Planting Stock in Organic Crop Production (NOP 5029)’’; and ‘‘Evaluating Allowed Ingredients and Sources of Vitamins and Minerals for Organic Livestock Feed (NOP 5030)’’. These final guidance and instruction documents are intended to inform the public of NOP’s current thinking on these topics. DATES: The final guidance documents announced by this notice of availability are effective on March 4, 2013. FOR FURTHER INFORMATION CONTACT: Melissa Bailey, Ph.D., Director, Standards Division, National Organic Program, USDA–AMS–NOP, 1400 Independence Ave. SW., Room 2646– So., Ag Stop 0268, Washington, DC 20250, Email: Melissa.bailey@ams.usda.gov; Telephone: (202) 720–3252; Fax: (202) 205–7808. SUMMARY: E:\FR\FM\01MRR1.SGM 01MRR1 Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Rules and Regulations emcdonald on DSK67QTVN1PROD with RULES SUPPLEMENTARY INFORMATION: I. Background On June 13, 2011, the National Organic Program (NOP) published in the Federal Register a notice of availability with request for public comment on four draft guidance documents (76 FR 34180). The topics covered in the draft documents addressed recommendations issued by the National Organic Standards Board (NOSB) and the USDA Office of Inspector General (OIG) in a March 2010 audit report of the NOP. The four documents presented policies on the use of kelp in livestock feed products, procedures for certifying agents in response to results from pesticide residue testing, requirements for procurement and use of seed, seedlings and planting stock, and evaluation criteria for allowed ingredients and sources of vitamins and minerals in livestock feed. The four draft guidances can be viewed on the NOP Web site at https:// www.ams.usda.gov/NopDraftGuidance. The 60-day comment period closed on August 12, 2011. The NOP received approximately 50 individual comments on the four draft guidance documents. Based upon the comments received, the NOP revised and is publishing the three draft guidance documents as final: ‘‘NOP 5027—The Use of Kelp in Organic Livestock Feed; ‘‘NOP 5029—Seeds, Annual Seedlings, and Planting Stock in Organic Crop Production’’; and ‘‘NOP 5030—Evaluating Allowed Ingredients and Sources of Vitamins and Minerals for Organic Livestock Feed’’. Each guidance document includes an appendix where the NOP provides a complete discussion of the comments received and the rationale behind any changes made to the guidance documents as well as any changes proposed, but not made to the guidance documents. The fourth draft guidance document, ‘‘NOP 5028—Responding to Results from Pesticide Residue Testing,’’ has been revised and reissued under the same title as an instruction document, NOP 2613. Instruction documents set forth or clarify existing NOP procedures and provide information to certifying agents about conducting business related to certification and enforcement. In contrast, guidance documents provide or explain options and alternatives to satisfy regulatory requirements, set forth changes in interpretation of policy, or address unusually complex or highly controversial issues. Upon consideration of the objectives of the content in the final document, the NOP VerDate Mar<15>2010 14:12 Feb 28, 2013 Jkt 229001 has issued NOP 2613 as an instruction document, rather than guidance, since the purpose is to explain to certifying agents how to respond to results from pesticide residue testing. Because this was issued as a draft guidance with request for comment, this instruction includes an appendix where the NOP provides a discussion of the comments received on the draft guidance and the rationale behind any changes made in the instruction as well as any changes proposed, but not made to the instruction. The three final guidance documents and one instruction document are now available from the NOP through ‘‘The Program Handbook: Guidance and Instructions for Certifying Agents 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 NOP regulations. The current edition of the Program Handbook is available online at https:// www.ams.usda.gov/ NopProgramHandbook. II. Significance of Guidance These final guidance documents are 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. Final guidance represents the NOP’s current thinking on these topics. 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, the NOP strongly encourages industry to discuss alternative approaches with the NOP before implementing them to avoid unnecessary or wasteful expenditures of 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 final guidance at the NOP’s Web site at https://www.ams.usda.gov/ PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 13777 nop. Requests for hard copies of the guidance or instruction documents can be obtained by submitting a written request to the person listed in the ADDRESSES section of this Notice. Authority: 7 U.S.C. 6501–6522. Dated: February 26, 2013. David R. Shipman, Administrator, Agricultural Marketing Service. [FR Doc. 2013–04823 Filed 2–28–13; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 905 [Doc. No. AMS–FV–11–0076; FV11–905–1 FR] Oranges, Grapefruit, Tangerines, and Tangelos Grown in Florida; Redistricting and Reapportionment of Grower Members, and Changing the Qualifications for Grower Membership on the Citrus Administrative Committee Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: This final rule redefines districts, reapportions representation, and modifies the qualifications for membership on the Citrus Administrative Committee (Committee). The Committee is responsible for local administration of the Federal marketing order for oranges, grapefruit, tangerines, and tangelos grown in Florida (order). This final rule reduces the number of districts, reapportions representation among the districts, and allows up to four growers who are shippers or employees of a shipper to serve as grower members on the Committee. These changes adjust grower representation to reflect the composition of the industry, provide equitable representation from each district, and create the opportunity for more growers to serve on the Committee. DATES: Effective March 4, 2013. FOR FURTHER INFORMATION CONTACT: Corey E. Elliott, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone: (863) 324– 3375, Fax: (863) 325–8793, or Email: Corey.Elliott@ams.usda.gov or Christian.Nissen@ams.usda.gov. Small businesses may request information on complying with this SUMMARY: E:\FR\FM\01MRR1.SGM 01MRR1

Agencies

[Federal Register Volume 78, Number 41 (Friday, March 1, 2013)]
[Rules and Regulations]
[Pages 13776-13777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04823]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-11-0002; NOP-11-02]


National Organic Program: Notice of Policies Addressing Kelp, 
Seeds and Planting Stock, Livestock Feed, and Responding to Pesticide 
Residue Testing

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice of availability of final guidance.

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

SUMMARY: The National Organic Program (NOP) is announcing the 
availability of three final guidance documents and one instruction 
document intended for use by certifying agents and certified 
operations. The final guidance and instruction documents are entitled 
as follows: ``The Use of Kelp in Organic Livestock Feed (NOP 5027); 
Responding to Results from Pesticide Residue Testing (NOP 2613)''; 
``Seeds, Annual Seedlings, and Planting Stock in Organic Crop 
Production (NOP 5029)''; and ``Evaluating Allowed Ingredients and 
Sources of Vitamins and Minerals for Organic Livestock Feed (NOP 
5030)''. These final guidance and instruction documents are intended to 
inform the public of NOP's current thinking on these topics.

DATES: The final guidance documents announced by this notice of 
availability are effective on March 4, 2013.

FOR FURTHER INFORMATION CONTACT: Melissa Bailey, Ph.D., Director, 
Standards Division, National Organic Program, USDA-AMS-NOP, 1400 
Independence Ave. SW., Room 2646-So., Ag Stop 0268, Washington, DC 
20250, Email: Melissa.bailey@ams.usda.gov; Telephone: (202) 720-3252; 
Fax: (202) 205-7808.

[[Page 13777]]


SUPPLEMENTARY INFORMATION: 

I. Background

    On June 13, 2011, the National Organic Program (NOP) published in 
the Federal Register a notice of availability with request for public 
comment on four draft guidance documents (76 FR 34180). The topics 
covered in the draft documents addressed recommendations issued by the 
National Organic Standards Board (NOSB) and the USDA Office of 
Inspector General (OIG) in a March 2010 audit report of the NOP. The 
four documents presented policies on the use of kelp in livestock feed 
products, procedures for certifying agents in response to results from 
pesticide residue testing, requirements for procurement and use of 
seed, seedlings and planting stock, and evaluation criteria for allowed 
ingredients and sources of vitamins and minerals in livestock feed. The 
four draft guidances can be viewed on the NOP Web site at https://www.ams.usda.gov/NopDraftGuidance. The 60-day comment period closed on 
August 12, 2011.
    The NOP received approximately 50 individual comments on the four 
draft guidance documents. Based upon the comments received, the NOP 
revised and is publishing the three draft guidance documents as final: 
``NOP 5027--The Use of Kelp in Organic Livestock Feed; ``NOP 5029--
Seeds, Annual Seedlings, and Planting Stock in Organic Crop 
Production''; and ``NOP 5030--Evaluating Allowed Ingredients and 
Sources of Vitamins and Minerals for Organic Livestock Feed''. Each 
guidance document includes an appendix where the NOP provides a 
complete discussion of the comments received and the rationale behind 
any changes made to the guidance documents as well as any changes 
proposed, but not made to the guidance documents.
    The fourth draft guidance document, ``NOP 5028--Responding to 
Results from Pesticide Residue Testing,'' has been revised and reissued 
under the same title as an instruction document, NOP 2613. Instruction 
documents set forth or clarify existing NOP procedures and provide 
information to certifying agents about conducting business related to 
certification and enforcement. In contrast, guidance documents provide 
or explain options and alternatives to satisfy regulatory requirements, 
set forth changes in interpretation of policy, or address unusually 
complex or highly controversial issues. Upon consideration of the 
objectives of the content in the final document, the NOP has issued NOP 
2613 as an instruction document, rather than guidance, since the 
purpose is to explain to certifying agents how to respond to results 
from pesticide residue testing. Because this was issued as a draft 
guidance with request for comment, this instruction includes an 
appendix where the NOP provides a discussion of the comments received 
on the draft guidance and the rationale behind any changes made in the 
instruction as well as any changes proposed, but not made to the 
instruction.
    The three final guidance documents and one instruction document are 
now available from the NOP through ``The Program Handbook: Guidance and 
Instructions for Certifying Agents 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 NOP regulations. The current edition of the Program Handbook is 
available online at https://www.ams.usda.gov/NopProgramHandbook.

II. Significance of Guidance

    These final guidance documents are 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. Final guidance 
represents the NOP's current thinking on these topics. 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, the NOP strongly encourages 
industry to discuss alternative approaches with the NOP before 
implementing them to avoid unnecessary or wasteful expenditures of 
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 final guidance at 
the NOP's Web site at https://www.ams.usda.gov/nop. Requests for hard 
copies of the guidance or instruction documents can be obtained by 
submitting a written request to the person listed in the ADDRESSES 
section of this Notice.

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

    Dated: February 26, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-04823 Filed 2-28-13; 8:45 am]
BILLING CODE 3410-02-P
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