National Organic Program: Notice of Draft Guidance on Classification of Materials and Materials for Organic Crop Production, 19637-19638 [2013-07613]
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19637
Notices
Federal Register
Vol. 78, No. 63
Tuesday, April 2, 2013
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS–NOP–12–0060; NOP–12–14]
National Organic Program: Notice of
Draft Guidance on Classification of
Materials and Materials for Organic
Crop Production
Agricultural Marketing Service,
USDA.
ACTION: Notice of availability of draft
guidance with request for comments.
AGENCY:
This notice announces draft
guidance for review and comment by
accredited certifying agents, certified
operations, material evaluation
programs, and other organic industry
stakeholders. The first set of draft
guidance documents implements
recommendations from the National
Organic Standards Board (NOSB)
concerning the classification of
materials under the USDA organic
regulations (7 CFR part 205). The
Classification of Materials draft
guidance, NOP 5033, details the
procedures and decision trees for
classifying materials used for organic
crop production, livestock production,
and handling. The second set of draft
guidance documents, NOP 5034,
provides clarification regarding
materials for use in organic crop
production. These documents include
an itemization of allowed natural and
synthetic materials and a limited
appendix of materials prohibited in
organic crop production.
The guidance explains the policy of
the National Organic Program (NOP)
concerning the portions of the
regulations in question, referenced
herein. The Agricultural Marketing
Service (AMS) invites organic
producers, handlers, certifying agents,
material evaluation programs,
consumers and other interested parties
to submit comments about these
guidance provisions. Notices of
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
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19:35 Apr 01, 2013
Jkt 229001
availability of final guidance on these
topics will be issued upon final
approval. Once finalized, final guidance
documents will be available from 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
USDA organic regulations. The current
edition of the Program Handbook is
available online at https://
www.ams.usda.gov/nop or in print upon
request.
DATES: Comments must be submitted on
or before June 3, 2013.
ADDRESSES: Submit written requests for
hard copies of this draft guidance
document to Toni Strother, Agricultural
Marketing Specialist, National Organic
Program, USDA–AMS–NOP, 1400
Independence Ave., SW., Room 2646
So., Ag Stop 0268, Washington, DC
20250–0268. See the SUPPLEMENTARY
INFORMATION section for electronic
access to the draft guidance documents.
Interested persons may submit
comments on these draft guidance
documents using the following
procedures:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Mail: Toni Strother, Agricultural
Marketing Specialist, National Organic
Program, USDA–AMS–NOP, 1400
Independence Ave., SW., Room 2646So., Ag Stop 0268, Washington, DC
20250–0268.
Written comments responding to this
request should be identified with the
document number AMS–NOP–12–0060;
NOP–12–14. Clearly indicate the draft
guidance and, if applicable, the
material(s) you are addressing, your
support for or opposition to it, and the
reason for your position. Please include
only relevant information and data to
support your position. AMS is
specifically requesting comments on the
status of some materials as described in
the SUPPLEMENTARY INFORMATION below.
USDA intends to make available all
comments, including names and
addresses when provided, regardless of
submission procedure used, on
www.regulations.gov and at
USDA,AMS, NOP, Room 2646-South
building, 1400 Independence Ave., SW.,
Washington, DC, from 9 a.m. to noon
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
and from 1 to 4 p.m., Monday through
Friday (except official Federal holidays).
Persons wanting to visit the USDA
South building to view comments from
the public to this notice are request to
make an appointment by calling (202)
720–3252.
FOR FURTHER INFORMATION CONTACT:
Melissa Bailey, Ph.D., Director,
Standards Division, National Organic
Program, USDA–AMS–NOP, 1400
Independence Ave. SW., Room 2646So., Ag Stop 0268, Washington, DC
20250. Telephone: (202) 720–3252; Fax:
(202) 205–7808.
SUPPLEMENTARY INFORMATION:
I. Background
The draft guidance documents
announced through this notice were
developed in response to outstanding
NOSB recommendations. These
documents also address the identified
need to develop guidance to address
requests by certifying agents and
certified operations for clarification on
the classification of materials and for
more definitive information on
materials used in organic crop
production.
Under the Organic Foods Production
Act (OFPA) (7 U.S.C. 6501–6522), the
National List of Allowed and Prohibited
Substance section of the USDA organic
regulations must include synthetic
substances which are permitted for use
in organic crop production, and
nonsynthetic (natural) substances which
are prohibited for use in organic crop
production.
Within the guidance, NOP has used
the synonymous term ‘‘material’’ in
place of the term ‘‘substance,’’ as the
term ‘‘material’’ is more commonly used
within the organic community.
Nonsynthetic (natural) materials are
generally permitted to be used in
organic production, but are not required
to be included in the National List. At
times, this unique construction of the
National List has been a source of
confusion or inconsistency in
determining which input materials are
allowed for organic production, since
permitted nonsynthetic materials (e.g.,
feather meal, fish meal, botanical
pesticides) are not specifically
identified in the standards. The lack of
guidance on classification has led to
confusion and inconsistency in the
industry in how to classify materials as
natural or synthetic, and, by extension,
E:\FR\FM\02APN1.SGM
02APN1
srobinson on DSK4SPTVN1PROD with NOTICES
19638
Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Notices
whether the material needs to be on the
National List.
The draft guidance document NOP
5033, Classification of Materials,
provides additional guidance to the
industry on how materials are classified
as nonsynthetic, synthetic, agricultural,
or nonagricultural. The terms
‘‘nonsynthetic,’’ ‘‘synthetic,’’
‘‘agricultural,’’ and ‘‘nonagricultural’’
are defined at 7 CFR 205.2 of the USDA
organic regulations. This guidance
implements a series of
recommendations of the NOSB and
provides clarification on how materials
should be classified according to these
defined terms. Draft guidance NOP
5033–1 includes a decision tree for
classifying a material as synthetic or
nonsynthetic. Draft guidance NOP
5033–2 includes a decision tree for
classifying a material as agricultural or
nonagricultural. For materials used in
organic crop production, the
classification guidance is intended to be
used in conjunction with the draft
guidance NOP 5034, Materials for
Organic Crop Production, to assist in
determining whether a material is
permitted for use.
The draft guidance document NOP
5034, Materials for Organic Crop
Production, provides guidance to the
industry on materials used in organic
crop production. Once finalized, NOP
5034–1 is intended to provide a tool for
organic producers to understand which
input materials are allowed in organic
crop production. The guidance includes
substances which are specifically
allowed in section 205.601 of the USDA
organic regulations, as well as materials
which are permitted, but are not
required to be included on the National
List. The appendix NOP 5034–2
provides a list of materials that are
specifically prohibited in organic crop
production. The appendix of prohibited
materials is not intended to be all
inclusive, but is provided for guidance
to the industry of items which have
been previously reviewed by the NOSB
and not recommended for use. The
appendix of prohibited materials also
includes materials which are
specifically listed in section 205.602 the
National List as prohibited for use in
organic crop production (e.g., lead salts)
or that are otherwise prohibited by the
USDA organic regulations (e.g., sewage
sludge). The guidance, once finalized,
will not grant new allowances for any
synthetic substance to be used in
organic production that have not been
specifically recommended by the NOSB
and added to the National List through
rulemaking for such purpose.
NOP is aware that there may have
been some inconsistency in the
VerDate Mar<15>2010
19:35 Apr 01, 2013
Jkt 229001
classification of a small number of
materials used in organic crop
production. NOP is issuing this draft
guidance in an effort to clarify the status
of these materials. Comments are
specifically requested on the
classification and descriptions provided
in NOP 5034–1 for the following
materials: bagasse, biochar, corn steep
liquor, fatty acids, glycerin, molasses,
vegetable protein hydrolysate, vinasse,
and xanthan gum. NOP is requesting
comments on whether these materials
are accurately classified according to the
draft guidance on classification, NOP
5033–1, and whether any amendments
are needed to the descriptions provided
in NOP 5034–1, Materials for Organic
Crop Production.
II. Significance of Guidance
This draft guidance document is being
issued in accordance with the Office of
Management and Budget (OMB)
Bulletin on Agency Good Guidance
Practices (GGPs) (January 25, 2007, 72
FR 3432–3440).
The purpose of GGPs is to ensure that
program guidance documents are
developed with adequate public
participation, are readily available to the
public, and are not applied as binding
requirements. The draft guidance, when
finalized, will represent 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. 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.
Authority: 7 U.S.C. 6501–6522.
Dated: March 28, 2013.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–07613 Filed 4–1–13; 8:45 am]
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DEPARTMENT OF COMMERCE
Bureau of Industry and Security
Sensors and Instrumentation
Technical Advisory Committee; Notice
of Partially Closed Meeting
The Sensors and Instrumentation
Technical Advisory Committee (SITAC)
will meet on April 23, 2013, 9:30 a.m.,
in the Herbert C. Hoover Building,
Room 6087B, 14th Street between
Constitution and Pennsylvania
Avenues, NW., Washington, DC The
Committee advises the Office of the
Assistant Secretary for Export
Administration on technical questions
that affect the level of export controls
applicable to sensors and
instrumentation equipment and
technology.
Agenda
Public Session
1. Welcome and Introductions.
2. Remarks from the Bureau of Industry
and Security Management.
3. Industry Presentations.
4. New Business.
Closed Session
5. Discussion of matters determined to
be exempt from the provisions
relating to public meetings found in 5
U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3).
The open session will be accessible
via teleconference to 20 participants on
a first come, first serve basis. To join the
conference, submit inquiries to Ms.
Yvette Springer at
Yvette.Springer@bis.doc.gov no later
than April 16, 2013.
A limited number of seats will be
available during the public session of
the meeting. Reservations are not
accepted. To the extent that time
permits, members of the public may
present oral statements to the
Committee. The public may submit
written statements at any time before or
after the meeting. However, to facilitate
distribution of public presentation
materials to the Committee members,
the Committee suggests that the
materials be forwarded before the
meeting to Ms. Springer.
The Assistant Secretary for
Administration, with the concurrence of
the General Counsel, formally
determined on December 11, 2012
pursuant to Section 10(d) of the Federal
Advisory Committee Act, as amended (5
U.S.C. app. 2 § 10(d), that the portion of
this meeting dealing with pre-decisional
changes to the Commerce Control List
and U.S. export control policies shall be
exempt from the provisions relating to
public meetings found in 5 U.S.C. app.
E:\FR\FM\02APN1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 63 (Tuesday, April 2, 2013)]
[Notices]
[Pages 19637-19638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-07613]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 /
Notices
[[Page 19637]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-NOP-12-0060; NOP-12-14]
National Organic Program: Notice of Draft Guidance on
Classification of Materials and Materials for Organic Crop Production
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of availability of draft guidance with request for
comments.
-----------------------------------------------------------------------
SUMMARY: This notice announces draft guidance for review and comment by
accredited certifying agents, certified operations, material evaluation
programs, and other organic industry stakeholders. The first set of
draft guidance documents implements recommendations from the National
Organic Standards Board (NOSB) concerning the classification of
materials under the USDA organic regulations (7 CFR part 205). The
Classification of Materials draft guidance, NOP 5033, details the
procedures and decision trees for classifying materials used for
organic crop production, livestock production, and handling. The second
set of draft guidance documents, NOP 5034, provides clarification
regarding materials for use in organic crop production. These documents
include an itemization of allowed natural and synthetic materials and a
limited appendix of materials prohibited in organic crop production.
The guidance explains the policy of the National Organic Program
(NOP) concerning the portions of the regulations in question,
referenced herein. The Agricultural Marketing Service (AMS) invites
organic producers, handlers, certifying agents, material evaluation
programs, consumers and other interested parties to submit comments
about these guidance provisions. Notices of availability of final
guidance on these topics will be issued upon final approval. Once
finalized, final guidance documents will be available from 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 USDA organic regulations.
The current edition of the Program Handbook is available online at
https://www.ams.usda.gov/nop or in print upon request.
DATES: Comments must be submitted on or before June 3, 2013.
ADDRESSES: Submit written requests for hard copies of this draft
guidance document to Toni Strother, Agricultural Marketing Specialist,
National Organic Program, USDA-AMS-NOP, 1400 Independence Ave., SW.,
Room 2646 So., Ag Stop 0268, Washington, DC 20250-0268. See the
SUPPLEMENTARY INFORMATION section for electronic access to the draft
guidance documents.
Interested persons may submit comments on these draft guidance
documents using the following procedures:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Toni Strother, Agricultural Marketing Specialist,
National Organic Program, USDA-AMS-NOP, 1400 Independence Ave., SW.,
Room 2646-So., Ag Stop 0268, Washington, DC 20250-0268.
Written comments responding to this request should be identified
with the document number AMS-NOP-12-0060; NOP-12-14. Clearly indicate
the draft guidance and, if applicable, the material(s) you are
addressing, your support for or opposition to it, and the reason for
your position. Please include only relevant information and data to
support your position. AMS is specifically requesting comments on the
status of some materials as described in the SUPPLEMENTARY INFORMATION
below.
USDA intends to make available all comments, including names and
addresses when provided, regardless of submission procedure used, on
www.regulations.gov and at USDA,AMS, NOP, Room 2646-South building,
1400 Independence Ave., SW., Washington, DC, from 9 a.m. to noon and
from 1 to 4 p.m., Monday through Friday (except official Federal
holidays). Persons wanting to visit the USDA South building to view
comments from the public to this notice are request to make an
appointment by calling (202) 720-3252.
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. Telephone: (202) 720-3252; Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
The draft guidance documents announced through this notice were
developed in response to outstanding NOSB recommendations. These
documents also address the identified need to develop guidance to
address requests by certifying agents and certified operations for
clarification on the classification of materials and for more
definitive information on materials used in organic crop production.
Under the Organic Foods Production Act (OFPA) (7 U.S.C. 6501-6522),
the National List of Allowed and Prohibited Substance section of the
USDA organic regulations must include synthetic substances which are
permitted for use in organic crop production, and nonsynthetic
(natural) substances which are prohibited for use in organic crop
production.
Within the guidance, NOP has used the synonymous term ``material''
in place of the term ``substance,'' as the term ``material'' is more
commonly used within the organic community.
Nonsynthetic (natural) materials are generally permitted to be used
in organic production, but are not required to be included in the
National List. At times, this unique construction of the National List
has been a source of confusion or inconsistency in determining which
input materials are allowed for organic production, since permitted
nonsynthetic materials (e.g., feather meal, fish meal, botanical
pesticides) are not specifically identified in the standards. The lack
of guidance on classification has led to confusion and inconsistency in
the industry in how to classify materials as natural or synthetic, and,
by extension,
[[Page 19638]]
whether the material needs to be on the National List.
The draft guidance document NOP 5033, Classification of Materials,
provides additional guidance to the industry on how materials are
classified as nonsynthetic, synthetic, agricultural, or
nonagricultural. The terms ``nonsynthetic,'' ``synthetic,''
``agricultural,'' and ``nonagricultural'' are defined at 7 CFR 205.2 of
the USDA organic regulations. This guidance implements a series of
recommendations of the NOSB and provides clarification on how materials
should be classified according to these defined terms. Draft guidance
NOP 5033-1 includes a decision tree for classifying a material as
synthetic or nonsynthetic. Draft guidance NOP 5033-2 includes a
decision tree for classifying a material as agricultural or
nonagricultural. For materials used in organic crop production, the
classification guidance is intended to be used in conjunction with the
draft guidance NOP 5034, Materials for Organic Crop Production, to
assist in determining whether a material is permitted for use.
The draft guidance document NOP 5034, Materials for Organic Crop
Production, provides guidance to the industry on materials used in
organic crop production. Once finalized, NOP 5034-1 is intended to
provide a tool for organic producers to understand which input
materials are allowed in organic crop production. The guidance includes
substances which are specifically allowed in section 205.601 of the
USDA organic regulations, as well as materials which are permitted, but
are not required to be included on the National List. The appendix NOP
5034-2 provides a list of materials that are specifically prohibited in
organic crop production. The appendix of prohibited materials is not
intended to be all inclusive, but is provided for guidance to the
industry of items which have been previously reviewed by the NOSB and
not recommended for use. The appendix of prohibited materials also
includes materials which are specifically listed in section 205.602 the
National List as prohibited for use in organic crop production (e.g.,
lead salts) or that are otherwise prohibited by the USDA organic
regulations (e.g., sewage sludge). The guidance, once finalized, will
not grant new allowances for any synthetic substance to be used in
organic production that have not been specifically recommended by the
NOSB and added to the National List through rulemaking for such
purpose.
NOP is aware that there may have been some inconsistency in the
classification of a small number of materials used in organic crop
production. NOP is issuing this draft guidance in an effort to clarify
the status of these materials. Comments are specifically requested on
the classification and descriptions provided in NOP 5034-1 for the
following materials: bagasse, biochar, corn steep liquor, fatty acids,
glycerin, molasses, vegetable protein hydrolysate, vinasse, and xanthan
gum. NOP is requesting comments on whether these materials are
accurately classified according to the draft guidance on
classification, NOP 5033-1, and whether any amendments are needed to
the descriptions provided in NOP 5034-1, Materials for Organic Crop
Production.
II. Significance of Guidance
This draft guidance document is being issued in accordance with the
Office of Management and Budget (OMB) Bulletin on Agency Good Guidance
Practices (GGPs) (January 25, 2007, 72 FR 3432-3440).
The purpose of GGPs is to ensure that program guidance documents
are developed with adequate public participation, are readily available
to the public, and are not applied as binding requirements. The draft
guidance, when finalized, will represent 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. 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.
Authority: 7 U.S.C. 6501-6522.
Dated: March 28, 2013.
David R. Shipman,
Administrator, Agricultural Marketing Service.
[FR Doc. 2013-07613 Filed 4-1-13; 8:45 am]
BILLING CODE 3410-02-P
