National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances (Crops and Processing), 52100-52107 [2013-20476]
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules
Georgia, Texas, and Nevada. The
remaining states for which NASS
reports onion production are New
Mexico, Idaho, New York, Colorado,
Michigan, Wisconsin, and Arizona.
Benefits of the proposed changes
substantially outweigh the costs. The
only additional cost borne by packers/
shippers, which is expected to be
minimal, is when ‘‘specialty or mixed
packs’’ are designated by means of
labeling. There are no other additional
costs to packers/shippers or growers
from this change, and smaller entities
would not bear a disproportionate cost.
The proposed change in the standards
reflects a shift in onion packing/
shipping practices that is already
underway. The additional flexibility in
the revised standards will facilitate
additional onion sales, to the benefit of
growers, packers, and consumers.
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Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This action is not intended to
have retroactive effect. There are no
administrative procedures which must
be exhausted prior to any judicial
challenge to the provisions of the rule.
Background and Proposed Rule
AMS has observed that the industry is
packing mixed colors of onions,
primarily in Idaho, Oregon, Washington,
and Texas. In addition, Marketing Order
958 for Idaho and Oregon Onions,
administrated by the Idaho-Eastern
Oregon Onion Committee, was amended
November, 2011, to allow pearl onion
packs and experimental shipments of
mixed colors. Furthermore, in a May
2012 meeting with the Marketing Order
Administration Division, AMS was
informed that Washington State, which
is outside of marketing order 958, has
packed mixed colors of larger Walla
Walla type onions for Canada.
Currently, the U.S. onion standards do
not permit mixing colors in the same
pack. The proposed revision will
provide the flexibility for shippers and
packers to do so. AMS believes that
permitting mixed colors when
designated as a specialty or mixed pack
will facilitate the marketing of onions by
aligning the standards with current
marketing practices. Therefore, AMS
proposes to amend the similar varietal
characteristic requirement for:
Onions Other Than BGG and Creole
Type in Sections 51.2830, 51.2831, and
51.2832, which affects the U.S. No. 1,
U.S. Export No. 1, and U.S Commercial
grades, by adding ‘‘except color when
designated as a specialty or mixed
pack.’’ Likewise, AMS proposes to
amend the one type requirement in
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Section 51.2835, which affects the U.S.
No. 2 grade, by adding ‘‘except when
designated as a specialty or mixed
pack.’’
Bermuda-Granex-Grano (BGG) Type
Onions in Sections 51.3195 and
51.3197, which affects the U.S. No. 1,
U.S. Combination, and U.S. No. 2
grades, by adding ‘‘except color when
designated as a specialty or mixed
pack.’’
Comments Invited
AMS proposes to amend the United
States Standards for Grades of Onions
(Other Than Bermuda-Granex-Grano
and Creole Type) and the United States
Standards for Grades of BermudaGranex-Grano Type Onions. This rule
provides for a 60-day comment period
for interested parties to comment on the
proposed revisions in the standards.
List of Subjects in 7 CFR Part 51
Agricultural commodities, Food
grades and standards, Fruits, Nuts,
Reporting and record keeping
requirements, Trees, Vegetables.
For reasons set forth in the preamble,
7 CFR part 51 is proposed to be
amended as follows:
PART 51—FRESH FRUITS,
VEGETABLES AND OTHER
PRODUCTS (INSPECTION,
CERTIFICATION, AND STANDARDS)
1. The authority citation for part 51
continues to read as follows:
■
(1) Similar varietal characteristics,
except color when designated as a
specialty or mixed pack;
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■ 5. In § 51.2835, paragraph (a) (1) is
revised to read as follows:
§ 51.2835
U.S. No. 1 Boilers
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*
(a) * * *
(1) One type, except when designated
as a specialty or mixed pack;
*
*
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*
■ 6. In § 51.3195, paragraph (a) (1) is
revised to read as follows:
§ 51.3195
U.S. No. 1
*
*
*
*
*
(a) * * *
(1) Similar varietal characteristics,
except color when designated as a
specialty or mixed pack;
*
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*
■ 7. In § 51.3197, paragraph (a) (1) is
revised to read as follows:
§ 51.3197
U.S. No. 2
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*
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*
*
(a) * * *
(1) Similar varietal characteristics,
except color when designated as a
specialty or mixed pack;
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Dated: August 16, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2013–20481 Filed 8–21–13; 8:45 am]
BILLING CODE 3410–02–P
Authority: 7 U.S.C. 1621–1627.
2. In § 51.2830, paragraph (a) (1) is
revised to read as follows:
■
§ 51.2830
Agricultural Marketing Service
U.S. No. 1.
*
*
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(a) * * *
(1) Similar varietal characteristics,
except color when designated as a
specialty or mixed pack;
*
*
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■ 3. In § 51.2831, paragraph (a) (1) is
revised to read as follows:
§ 51.2831
U.S. Export No. 1
*
*
*
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*
(a) * * *
(1) Similar varietal characteristics,
except color when designated as a
specialty of mixed pack;
*
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■ 4. In § 51.2832, paragraph (a) (1) is
revised to read as follows:
§ 51.2832
*
U.S. Commercial
*
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(a) * * *
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DEPARTMENT OF AGRICULTURE
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7 CFR Part 205
[Document Number AMS–NOP–13–0011;
NOP–13–01PR]
RIN 0581–AD33
National Organic Program; Proposed
Amendments to the National List of
Allowed and Prohibited Substances
(Crops and Processing)
Agricultural Marketing Service,
USDA.
ACTION: Proposed rule.
AGENCY:
This proposed rule would
amend the U.S. Department of
Agriculture’s (USDA’s) National List of
Allowed and Prohibited Substances
(National List) to reflect
recommendations submitted to the
Secretary of Agriculture (Secretary) by
the National Organic Standards Board
(NOSB) on May 25, 2012 and October
SUMMARY:
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules
18, 2012. The recommendations
addressed in this proposed rule pertain
to establishing exemptions (uses) for
one substance in organic crop
production and two substances in
organic processing. Consistent with the
recommendations from the NOSB, this
proposed rule would add the following
substances, along with any restrictive
annotations, to the National List:
biodegradable biobased mulch film;
Citrus hystrix, leaves and fruit; and
curry leaves (Murraya koenigii). This
action also proposes a new definition
for biodegradable biobased mulch film.
This proposed rule would also remove
two listings for nonorganic agricultural
products on the National List, hops
(Humulus lupulus) and unmodified rice
starch, as their use exemptions expired
on January 1, 2013, and June 21, 2009,
respectively.
DATES: Comments must be received by
October 21, 2013.
ADDRESSES: Interested persons may
comment on the proposed rule 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.
Instructions: All submissions received
must include the docket number AMS–
NOP–13–0011; NOP–13–01PR, and/or
Regulatory Information Number (RIN)
0581–AD32 for this rulemaking. You
should clearly indicate the topic and
section number of this proposed rule to
which your comment refers. You should
clearly indicate whether you support
the action being proposed for the
substances in this proposed rule. You
should clearly indicate the reason(s) for
your position. You should also supply
information on alternative management
practices, where applicable, that
support alternatives to the proposed
action. You should also offer any
recommended language change(s) that
would be appropriate to your position.
Please include relevant information and
data to support your position (e.g.
scientific, environmental,
manufacturing, industry, impact
information, etc.). Only relevant
material supporting your position
should be submitted. All comments
received will be posted without change
to https://www.regulations.gov.
AMS is particularly interested in
comments regarding the applicability of
the proposed compostability standards
for biodegradable biobased mulch film,
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and whether guidance on management
practices is necessary to prevent mulch
film from accumulating in fields.
Document: For access to the
document to read background
documents or comments received, go to
https://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 2646-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:
Melissa Bailey, Ph.D., Director,
Standards Division, Telephone: (202)
720–3252; Fax: (202) 205–7808.
SUPPLEMENTARY INFORMATION:
I. Background
On December 21, 2000, the Secretary
established, within the National Organic
Program (NOP) (7 CFR part 205), the
National List regulations in sections
205.600 through 205.607. This 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
nonagricultural and nonorganic
agricultural substances that may be used
in organic handling. The Organic Foods
Production Act of 1990 (OFPA) (7
U.S.C. 6501–6522), and USDA organic
regulations, in section 205.105,
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 the
OFPA, the National List can be
amended by the Secretary based on
proposed amendments developed by the
NOSB.
Since established, AMS has published
multiple amendments to the National
List beginning on October 31, 2003 (68
FR 61987). AMS published the most
recent amendment to the National List
on September 27, 2012 (77 FR 59287).
This proposed rule would amend the
National List to reflect three
recommendations submitted to the
Secretary by the NOSB on May 25, 2012
(Citrus hystrix leaves and fruit and curry
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leaves (Murraya koenigii)) and October
18, 2012 (biodegradable biobased mulch
film). Based upon their evaluation of
petitions submitted by industry
participants, public comments, market
surveillance, and review of technical
reports, the NOSB recommended that
the Secretary add one substance
(biodegradable biobased mulch film) to
section 205.601 of the National List for
organic crop production and add two
substances to section 205.606 (Citrus
hystrix leaves and fruit and curry leaves
(Murraya koenigii)) for organic
processing. This rule would also remove
listings for two substances (hops and
unmodified rice starch) as their use
exemptions have expired. The
exemptions for the use of each new
substance in organic crop production
and handling were evaluated by the
NOSB using the criteria specified in
OFPA (7 U.S.C. 6517–6518). In addition,
the amendments for two new substances
proposed for organic handling were also
evaluated by the NOSB using NOP
criteria on commercial availability (72
FR 2167).
II. Overview of Proposed Amendments
The following provides an overview
of the proposed amendments to
designated sections of the USDA organic
regulations:
Section 205.2
Terms defined.
Section 205.601 Synthetic substances
allowed for use in organic crop
production.
This proposed action would amend
sections 205.2 and 205.601 by adding
the following new definition and new
substance to the National List for
organic crop production.
Biodegradable Biobased Mulch Film
Biodegradable biobased mulch film
was petitioned to the National List in
January 2012 for use as synthetic mulch
for organic crop production.1 This
substance is also alternatively called
‘‘bioplastic mulch.’’
Biodegradable biobased mulch film is
used as an alternative to petroleumbased plastic mulches that do not
biodegrade. Traditional plastic mulches
require removal at the end of the
growing or harvest season under OFPA
and the USDA organic regulations (7
U.S.C. 6508; §§ 205.206(c)(6) and
205.601(b)(2)(ii)). Biodegradable
biobased mulch film is applied to
agricultural fields as a thin plastic layer
and is left in the field to biodegrade.
Like traditional plastic mulches,
1 Petition is available on NOP Web site in
Petitioned Substances Database under ‘‘B ’’ at
https://www.ams.usda.gov/NOPNationalList.
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules
biodegradable biobased mulch film is
used to cover the soil, modify soil
temperatures, retain soil moisture, and
help control weeds and insect
problems.2
Mulch film may be made from a
variety of degradable polymers,
including polylactic acid (PLA),
polyhydroxyalkanoates (PHA), and
aliphatic-aromatic copolymers (AAC).
Some biodegradable mulch films are
made from biological sources (i.e.,
biobased), and some are derived from
fossil fuel sources.3
At its October 15–18, 2012 meeting in
Providence, RI, the NOSB recommended
that biodegradable biobased mulch film
be added to the National List, with
restrictions, for use in organic crop
production. The NOSB evaluated
biodegradable biobased mulch film
against the evaluation criteria of 7
U.S.C. 6517 and 6518 of the OFPA,
received public comment, and
concluded that the substance is
consistent with the OFPA evaluation
criteria.
The NOSB indicated in its
recommendation that the use of this
substance is an opportunity to reduce
landfilling of traditional plastic mulches
without sacrificing organic farming
principles.
The regulatory text recommended by
the NOSB is provided in Table 1. The
NOSB indicated in its recommendation
that mulch film must meet certain
criteria for biodegradability,
compostability, and biobased content
(Criteria A and B in Table 1). In
addition, the NOSB recommended
restrictions on the types of materials
allowed for the production of biobased
mulch film (Criterion C). The NOSB also
indicated that growers must take
appropriate actions to ensure complete
degradation (Criterion D). The NOSB
indicated that criteria A through C are
intended to apply to certifying agents
and material evaluation programs that
will determine allowed products.
Criterion D was intended to refer to the
grower’s responsibility.
As part of this recommendation, the
NOSB also proposed the following
definition for the new term biobased:
‘‘Organic material in which carbon is
derived from a renewable resource via
biological processes. Biobased materials
include all plant and animal mass
derived from carbon dioxide recently
fixed via photosynthesis, per definition
of a renewable resource (ASTM).’’ 4 The
NOSB recommended that the term
‘‘biobased’’ be included in order to
specifically prohibit products derived
from petroleum, such as those made
from aliphatic-aromatic copolymers.
The Secretary has reviewed and
proposes to accept the NOSB’s
recommendation, with some
modifications. Table 1 provides a
comparison of the NOSB’s
recommended regulatory text and the
action proposed under this rule.
This proposed rule would amend
section 205.2 (Terms defined) by adding
a new definition for ‘‘biodegradable
biobased mulch film’’ to section 205.2 of
the USDA organic regulations.
This action proposes to define
biodegradable biobased mulch film as a
synthetic mulch that meets the
following criteria: (1) Meets the
compostability standards of ASTM
D6400 or D6868, or of other equivalent
international standards, i.e., EN 13432,
EN 14995, or ISO 17088; (2)
Demonstrates at least 90%
biodegradation absolute or relative to
microcrystalline cellulose in less than
two years, in soil, according to ISO
17556 or ASTM D5988 testing methods;
and (3) Must be biobased with content
determined using ASTM D6866 testing
method.5
This proposed rule would also add
the substance ‘‘biodegradable biobased
mulch film,’’ with restrictions, to new
subparagraph (b)(2)(iii) of section
205.601. The new listing would read as
follows: ‘‘Biodegradable biobased mulch
films as defined in section 205.2. Must
be produced without organisms or
feedstock derived from excluded
methods.’’
The NOSB recommended that the
standards for compostability,
biodegradation, and biobased content be
included at subparagraph (b)(2)(iii) of
section 205.601. AMS proposes to
include the references to these
standards within a new definition at
section 205.2 in order to streamline the
listing of this substance and limit the
number of subparagraph levels on the
National List.
TABLE 1—COMPARISON OF NOSB RECOMMENDATION AND AMS PROPOSED ACTION FOR BIODEGRADABLE BIOBASED
MULCH FILM
NOSB Recommendation
AMS Proposed action
205.2 .............................
Add the following new definition to § 205.2:
Biobased. Organic material in which carbon is derived
from a renewable resource via biological processes.
Biobased materials include all plant and animal mass
derived from carbon dioxide recently fixed via photosynthesis, per definition of a renewable resource
(ASTM).
205.601 .........................
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Section
Add the following substance to new subparagraph (iii) of
§ 205.601(b)(2): ...................................................................
(b) As herbicides, weed barriers, as applicable .................
(2) Mulches .........................................................................
(iii) Biodegradable biobased mulch films to be reviewed
meet the following criteria:
Add the following new definition to § 205.2:
Biodegradable Biobased Mulch Film. A synthetic mulch
film that meets the following criteria:
(1) Meets the compostability standards of ASTM D6400
or D6868, or of other equivalent international standards, i.e., EN 13432, EN 14995, or ISO 17088;
(2) Demonstrates at least 90% biodegradation absolute or
relative to microcrystalline cellulose in less than two
years, in soil, according to ISO 17556 or ASTM D5988
testing methods; and
(3) Must be biobased with content determined using
ASTM D6866 testing method.
Add the following substance to new subparagraph (iii) of
§ 205.601(b)(2):
(b) As herbicides, weed barriers, as applicable
(2) Mulches.
(iii) Biodegradable biobased mulch film as defined in
§ 205.2. Must be produced without organisms or feedstock derived from excluded methods.
2 Technical Evaluation Report, Biodegradable
Mulch Film Made from Bioplastics, August 2, 2012.
Available on the NOP Web site at https://www.ams.
usda.gov/AMSv1.0/getfile?dDocName=STELPRDC
5100029.
3 Ibid.
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4 ASTM refers to ASTM International, formerly
known as the American Society for Testing and
Materials (ASTM), https://www.astm.org.
5 ASTM refers to ASTM International, formerly
known as the American Society for Testing and
Materials (ASTM), https://www.astm.org. EN refers
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to the European Committee for Standardization,
https://www.cen.eu. ISO refers to the International
Organization for Standardization, https://www.iso.
org.
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52103
TABLE 1—COMPARISON OF NOSB RECOMMENDATION AND AMS PROPOSED ACTION FOR BIODEGRADABLE BIOBASED
MULCH FILM—Continued
Section
NOSB Recommendation
AMS Proposed action
(A) Completely biodegradable as shown by:
(1) Meeting the requirements of ASTM Standard D6400
or D6868 specifications, or of other international standard specifications with essentially identical criteria, i.e.
EN 13432, EN 14995, ISO 17088; and
(2) Showing at least 90% biodegradation in soil absolute
or relative to microcrystalline cellulose in less than two
years, in soil, tested according to ISO 17556 or ASTM
5988;
(B) Must be biobased with content determined using the
ASTM D6866 method;
(C) Must be produced without organisms or feedstock derived from excluded methods; and
(D) Grower must take appropriate actions to ensure complete degradation.
The proposed definition for
‘‘biodegradable biobased mulch film’’
includes the third-party standards for
compostability, biodegradation, and
biobased content which are included in
the NOSB recommendation. These
standards are summarized in Table 2.
Each standard provides a reference for
certifying agents and material
evaluation programs to verify that
biodegradable biobased much film meet
certain requirements for compostability,
biodegradability, and biobased content.
AMS is specifically interested in
comments regarding the compostability
standards included in the definition.
AMS has noted that when the substance
is used as recommended by the NOSB
(i.e., as mulch on the surface of the soil),
it is not composted according to the
standards for compost under section
205.203(c) of the USDA organic
regulations. In addition, the NOSB did
not consider or recommend the addition
of biodegradable biobased mulch film to
the list of allowed synthetic compost
feedstocks at section 205.601(c). This
proposed action includes the
compostability standards recommended
by the NOSB, but AMS is interested in
comments on the applicability of these
standards for the intended use of the
petitioned material. AMS is also
interested in comments on whether the
two criteria for biodegradation and
biobased content, without the criteria
for compostability, would be sufficient
for review of this substance.
TABLE 2—TABLE OF APPLICABLE STANDARDS FOR COMPOSTABILITY, BIODEGRADATION, AND BIOBASED CONTENT
Standard
Title
ASTM D6400 ...................
Standard Specification for Labeling of Plastics Designed to be Aerobically
Composted in Municipal or Industrial Facilities.
Standard Specification for Labeling of End Items that Incorporate Plastics
and Polymers as Coatings or Additives with Paper and Other Substrates Designed to be Aerobically Composted in Municipal or Industrial
Facilities.
Proof of compostability of plastic products ...................................................
Plastics—Evaluation of compostability—Test scheme and specifications
Specifications for compostable plastics ........................................................
Plastics—Determination of the ultimate aerobic biodegradability of plastic
materials in soil by measuring the oxygen demand in a respirometer or
the amount of carbon dioxide evolved.
Standard Test Method for Determining Aerobic Biodegradation of Plastic
Materials in Soil.
Standard Test Methods for Determining the Biobased Content of Solid,
Liquid, and Gaseous Samples Using Radiocarbon Analysis.
ASTM D6868 ...................
EN 13432 .........................
EN 14995 .........................
ISO 17088 .......................
ISO 17556 .......................
ASTM D5988 ...................
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ASTM D6866 ...................
AMS noted that the NOSB did not
recommend a minimum amount of
biobased content for biodegradable
biobased mulch films. AMS considered
whether a minimum should be included
in order to ensure that approved
products will derive most of their
content from biological sources, as was
intended by the NOSB. AMS consulted
with the USDA BioPreferred program to
inquire whether they have a specific
category established for biodegradable
mulch film products, since product
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Criteria
categories in the USDA BioPreferred
program include standards (i.e.,
minimums) for products’ biobased
content.6 The USDA BioPreferred
program indicated that they do not have
a specific product category for biobased
mulch film, and that mulch film does
not fall within their categories of
BioPreferred® Program product categories
are available at https://www.biopreferred.gov/
ProductCategories.aspx
6 USDA
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Compostability.
Compostability.
Compostability.
Compostability.
Compostability.
Biodegradability.
Biodegradability.
Biobased Content.
‘‘Mulch and Compost Materials’’ 7 or
‘‘Films—Non-Durable.’’ 8
(Manufacturers of biobased mulch film
who wish to certify this product under
the USDA BioPreferred program would
classify it in an ‘‘undesignated’’ product
category; products in this category must
contain a minimum of 25% biobased
content as measured by the standard test
7 Established at 7 CFR 2902.56; Final Rule
published October 18, 2010; 75 FR 63695.
8 Established at 7 CFR 2902.27; Final Rule
published May 14, 2008; 73 FR 27958.
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method.) AMS understands that
biobased mulch films used by organic
producers will need to be derived
primarily from biobased sources in
order to meet the requirements for
biodegradation and compostability, so
we have not proposed a minimum
biobased content requirement for mulch
film. Biodegradable mulch films that are
not biobased, e.g., derived from fossil
fuel sources, would not be permitted.
AMS considered the definition for
‘‘biobased’’ that was recommended by
the NOSB, and we have not proposed
the addition of this term to section
205.2. Instead, AMS proposed a new
definition for ‘‘biodegradable biobased
mulch film’’ that incorporates the
NOSB’s intent of limiting the use of this
substance to biobased products by
including a testing standard for
biobased content. The proposed new
term ‘‘biodegradable biobased mulch
film’’ indicates that this substance must
be biobased with content determined
using ASTM D6866 testing method.
Since this testing method has been
previously established for biobased
materials using an existing definition for
‘‘biobased,’’ AMS determined it was not
necessary to add a separate definition
for ‘‘biobased’’ to the USDA organic
regulations.
AMS also considered whether the
new definition for ‘‘biodegradable
biobased mulch film’’ may raise
questions as to whether certain types of
paper mulch are intended to be
included in the new definition.
Specifically, the petition describes a
type of paper mulch ‘‘comprised of kraft
paper coated with cured vegetable oilbased resins,’’ and indicates that these
materials are not intended to be
included within its scope. In addition,
these materials were also not considered
a part of the petition during the NOSB
review. As such, AMS does not consider
these paper mulches to fall within the
new definition of ‘‘biodegradable
biobased mulch film,’’ since they were
not included within the scope of the
petition and because these products are
not ‘‘films.’’ 9 This action is also not
intended to define newspaper or other
recycled paper as ‘‘biodegradable
biobased mulch films.’’ The use of
newspaper or other recycled paper,
without glossy or colored inks, will
continue to be allowed as allowed
synthetic mulch under the current
listing at section 205.601(b)(2)(i)
without the additional testing
requirements for biodegradable biobased
9 The biodegradable films intended by the
petition are described by the petitioner as
‘‘produced from bioplastics and meet standards for
aerobic biodegradation in soil.’’
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mulch film outlined under the new
definition at section 205.2.
The NOSB also recommended that
biodegradable biobased mulch film
must meet the following criteria: ‘‘Must
be produced without organisms or
feedstocks derived from excluded
methods.’’ AMS has reviewed this
language and has incorporated the text
into the listing proposed at section
205.601.
The NOSB also recommended the
following additional text for the listing
for biodegradable biobased mulch film:
‘‘Grower must take appropriate actions
to ensure complete degradation.’’ AMS
has reviewed this language and has not
incorporated this text into the proposed
listing as we believe the intent of this
text is adequately covered under other
sections of the USDA organic
regulations. For example, section
205.200 requires that production
practices maintain or improve the
natural resources of the operation,
including soil and water quality. In
addition, section 205.203 requires that
the producer select and implement
practices that maintain or improve the
physical, chemical, and biological
condition of soil. Thus, the use of film
in a manner that causes it to accumulate
in the field and not biodegrade over
time would not be compliant with the
existing requirements at sections
205.200 and 205.203.
The NOSB indicated that the
proposed language was intended to
clarify the grower’s responsibility and
what the certifying agent must evaluate.
The NOSB indicated that NOP, in
conjunction with the NOSB, should
develop guidance that explains proper
practices for use of biodegradable
biobased mulch film. In addition, the
NOSB indicated that it expects the
inspection process and certification
review to verify that biodegradation of
the mulch film is occurring so that it
does not accumulate in the fields where
it is used.
AMS understands that the complete
degradation of mulch film may be
impacted by a number of factors,
including climate, soil type, irrigation,
and other production practices. AMS
has not determined if there is a
demonstrated need for guidance on the
use of mulch film at this time. We
understand that guidance may be
needed in the future depending on the
prevalence of adoption of use of mulch
film by organic growers and any
problems observed by certifying agents
with degradation on organic fields. AMS
is interested in comments on whether
guidance on management practices is
necessary at this time to prevent mulch
film from accumulating in fields.
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Section 205.606 Nonorganically
Produced Agricultural Products Allowed
as Ingredients in or on Processed
Products Labeled as ‘‘Organic.’’
This proposed rule would amend
section 205.606 by removing paragraph
(l), removing subparagraph (w)(2), and
redesignating subparagraph (w)(3) as
(w)(2), to remove the following
substances from the National List:
Hops (Humulus lupulus). Hops
(Humulus lupulus) was added to the
National List on June 27, 2007 (72 FR
35137), to enable brewers to produce
organic beer with conventionally grown
hops in the absence of a commercially
available supply of organically grown
hops. In December 2009, an organic hop
grower association petitioned the NOSB
to remove hops from section 205.606 for
the purpose of advancing growth in the
organic hops market.10
In response to the petition, the NOSB
recommended at its October 2010 public
meeting that an expiration date of
January 1, 2013 be added to the listing
for hops. This recommendation was
accepted by the Secretary and was
implemented as a Final Rule published
June 27, 2012 (77 FR 33290). The listing
was amended to read as follows: Hops
(Humulus lupulus) until January 1,
2013. This action would remove the
expired listing for hops (Humulus
lupulus) from section 205.606 at
paragraph (l), as the use exemption for
this substance expired on January 1,
2013. Removal of this substance has no
new regulatory effect.
Unmodified Rice Starch
This proposed rule would amend
section 205.606 of the National List by
removing the expired exemption for
‘‘rice starch, unmodified (CAS
# 977000–08–0),’’ referred to below as
‘‘unmodified rice starch.’’ Unmodified
rice starch was petitioned to the
National List on February 14, 2007 as a
gelation agent used in combination with
other thickeners. The NOSB
recommended adding unmodified rice
starch to the National List and also
indicated that the listing should expire
two years after the date of publication
of the final rule. The NOSB
recommendation was accepted by the
Secretary, and unmodified rice starch
was added to the National List effective
June 21, 2007 by publication of an
interim final rule on June 27, 2007 (72
FR 35137). The listing reads as follows:
10 Petition to remove hops. Available in
Petitioned Substances Database, under ‘‘H,’’
available at the NOP Web site at https://www.ams.
usda.gov/NOPNationalList and https://www.ams.
usda.gov/AMSv1.0/getfile?dDocName=
STELPRDC5085449.
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules
(2) Rice starch, unmodified (CAS
# 977000–08–0)—for use in organic
handling until June 21, 2009. This
proposed rule would remove the listing
for unmodified rice starch that expired
on June 21, 2009. Removal of this
substance has no new regulatory effect.
This proposed rule would further
amend section 205.606 by redesignating
paragraphs (e) through (aa) as (g)
through (bb), respectively; and
redesignating paragraph (d) as
paragraph (e) for the purposes of adding
the following new substances at
paragraphs (d) and (f):
Citrus Hystrix, Leaves and Fruit
Leaves and fruit of Citrus hystrix were
petitioned in August 2011 for use as a
nonorganic agricultural ingredient in or
on processed products labeled as
‘‘organic.’’ 11 C. hystrix leaves and fruit
are traditional ingredients in Lao, Thai,
and other Southeast Asian cuisines. The
tree of C. hystrix is easily identified by
its distinctively shaped double leaves
and the fruit is known for its bumpy
skin. Both the leaves and fruit impart a
unique intense flavor and aroma in
foods due to their high concentration of
essential oils. C. hystrix leaves and fruit
are harvested, washed, and can be used
fresh, dried, or frozen.
At its May 22–25, 2012, meeting in
Albuquerque, NM, the NOSB accepted
public comment and recommended
adding C. hystrix leaves and fruit to the
National List for use in organic handling
as a non-organic agricultural ingredient
where the organic form is commercially
unavailable.12 In this open meeting, the
NOSB evaluated C. hystrix leaves and
fruit against evaluation criteria
established by 7 U.S.C. 6517 and 6518
of the OFPA evaluation criteria and
NOP commercial availability criteria (72
FR 2167). Therefore in response to the
NOSB recommendation regarding the
use of C. hystrix in organic handling, the
Secretary proposes to amend section
205.606 of the National List regulations
to allow C. hystrix as a nonorganically
produced agricultural product allowed
as an ingredient in or on processed
products labeled as ‘‘organic.’’
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Curry Leaves (Murraya koenigii)
Curry leaves were petitioned in
August 2011 for use as a nonorganic
agricultural ingredient in or on
processed products labeled as
11 Petition is available in Petitioned Substances
Database, under ‘‘C,’’ at https://www.ams.usda.gov/
NOPNationalList.
12 NOSB Formal Recommendation for Citrus
hystrix leaves and fruit, May 25, 2012. https://www.
ams.usda.gov/AMSv1.0/getfile?dDocName=
STELPRDC5098918.
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‘‘organic.’’ 13 Curry leaves, which are
also known as sweet neem leaves, are
extremely fragrant and are an important
ingredient commonly used in Indian,
Sri Lankan, Malay and other Southeast
Asian cuisines. Curry leaves impart a
unique flavor and fragrance which
cannot be substituted with other
ingredients. Curry leaves are harvested
from curry trees, washed, and can be
used fresh, dried, or frozen.
At its May 22–25, 2012, public
meeting in Albuquerque, NM, the NOSB
accepted public comment and
recommended adding curry leaves
(Murraya koenigii) to the National List
for use in organic handling as a
nonorganic agricultural ingredient when
organic curry leaves are commercially
unavailable.14 The NOSB evaluated
curry leaves (Murraya koenigii) against
evaluation criteria established by 7
U.S.C. 6517 and 6518 of the OFPA
evaluation criteria and NOP commercial
availability criteria (72 FR 2167).
Therefore in response to the NOSB
recommendation regarding the use of
curry leaves (Murraya koenigii) in
organic handling, the Secretary
proposes to amend section 205.606 of
the National List regulations to allow
curry leaves (Murraya koenigii) as a
nonorganically produced agricultural
product allowed as an ingredient in or
on processed products labeled as
‘‘organic.’’ The listing is proposed as the
common name of the ingredient, with
the scientific species name in
parentheses, to be consistent with the
listing of other agricultural products on
National List.
III. Related Documents
Two notices were published regarding
meetings of the NOSB and its
deliberations on recommendations and
substances petitioned for amending the
National List. Substances and
recommendations included in this
proposed rule were announced for
NOSB deliberation in the following
Federal Register notices: (1) 77 FR
21067, April 9, 2012 (curry leaves and
C. hystrix); and (2) 77 FR 52679, August
30, 2012 (biodegradable biobased mulch
film).
The expiration date of January 1,
2013, for the listing for hops was added
to the National List on June 27, 2012 by
a final rule (77 FR 33290) published in
the Federal Register notice on June 6,
2012.
13 Petition is available in Petitioned Substances
Database, under ‘‘C,’’ at https://www.ams.usda.gov/
NOPNationalList.
14 NOSB Formal Recommendation for Curry
Leaves, May 25, 2012, https://www.ams.usda.gov/
AMSv1.0/getfile?dDocName=STELPRDC5098915.
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52105
The listing and expiration date of June
21, 2009 for unmodified rice starch was
added to the National List on June 21,
2007, by an interim final rule (72 FR
35137) published in the Federal
Register on June 27, 2007.
Additional information on substances,
including petitions, technical reports,
and NOSB recommendations, are
available on the NOP Web site at
https://www.ams.usda.gov/NOPNational
List.
IV. Statutory and Regulatory Authority
The OFPA, as amended, (7 U.S.C.
6501–6522), authorizes the Secretary to
make amendments to the National List
based on proposed amendments
developed by the NOSB. Sections
6518(k) and 6518(n) of the 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 deletion from the
National List. The National List petition
process is implemented under section
205.607 of the NOP regulations. The
current petition guidelines (72 FR 2167,
January 18, 2007) can be accessed
through the NOP Web site at https://
www.ams.usda.gov/AMSv1.0/nop.
A. Executive Order 12866
This action has been determined not
significant for purposes of Executive
Order 12866, and therefore, has not
been reviewed by the Office of
Management and Budget.
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.
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 the
OFPA (7 U.S.C. 6514(b)). States are also
preempted by the OFPA (7 U.S.C. 6503
through 6507) 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 the OFPA (7 U.S.C.
6507(b)(2)), a State organic certification
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules
tkelley on DSK3SPTVN1PROD with PROPOSALS
program may contain additional
requirements for the production and
handling of organically produced
agricultural products that are produced
in the State and for the certification of
organic farm and handling operations
located within the State under certain
circumstances. 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.
Pursuant to the OFPA (7 U.S.C.
6519(f)), 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 EPA under the FIFRA
(7 U.S.C. 136–136(y)).
The OFPA (7 U.S.C. 6520) provides
for the Secretary to establish an
expedited administrative appeals
procedure under which persons may
appeal an action of the Secretary, the
applicable governing State official, or a
certifying agent under this title that
adversely affects such person or is
inconsistent with the organic
certification program established under
this title. The OFPA also provides that
the U.S. District Court for the district in
which a person is located has
jurisdiction to review the Secretary’s
decision.
C. Regulatory Flexibility Act
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
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.
Small agricultural service firms,
which include producers, handlers, and
accredited certifying agents, have been
defined by the Small Business
Administration (SBA) (13 CFR 121.201)
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as those having annual receipts of less
than $7,000,000 and small agricultural
producers are defined as those having
annual receipts of less than $750,000.
According to USDA, National
Agricultural Statistics Service (NASS),
certified organic acreage exceeded 3.5
million acres in 2011.15 According to
NOP’s Accreditation and International
Activities Division, the number of
certified U.S. organic crop and livestock
operations totaled over 17,281 in 2011.
AMS believes that most of these entities
would be considered small entities
under the criteria established by the
SBA. The procedures for producing and
handling certified apiculture products
will remain essentially the same under
this proposed rule as they have been
since ACAs began to certify apiculture
products organic under the livestock
regulations. The difference under the
proposed rule is that the regulation will
be more specific, and is tailored to
apiculture production and handling
requirements.
U.S. sales of organic food and nonfood have grown from $1 billion in 1990
to $31.4 billion in 2011. Sales in 2011
represented 9.5 percent growth over
2010 sales.16 In addition, the USDA has
86 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 https://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. Certifying agents reported
approximately 29,000 certified
operations worldwide in 2011.
D. 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, and
Chapter 35.
E. 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
15 U.S. Department of Agriculture, National
Agricultural Statistics Service. October 2012. 2011
Certified Organic Productions Survey. https://usda
01.library.cornell.edu/usda/current/Organic
Production/OrganicProduction-10-04-2012.pdf.
16 Organic Trade Association. 2012. Organic
Industry Survey. www.ota.com.
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and will not have significant Tribal
implications.
F. General Notice of Public Rulemaking
This proposed rule reflects
recommendations submitted by the
NOSB to the Secretary to add three
substances on the National List and to
remove two expired listings from the
National List. A 60-day period for
interested persons to comment on this
rule is provided and is deemed
appropriate.
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
1. The authority citation for 7 CFR
part 205 continues to read as follows:
■
Authority: 7 U.S.C. 6501—6522.
2. Section 205.2 is amended by adding
one new term in alphabetical order to
read as follows:
■
§ 205.2
Terms defined.
*
*
*
*
*
Biodegradable biobased mulch film. A
synthetic mulch film that meets the
following criteria:
(1) Meets the compostability
standards of ASTM D6400 or D6868, or
of other equivalent international
standards, i.e., EN 13432, EN 14995, or
ISO 17088;
(2) Demonstrates at least 90%
biodegradation absolute or relative to
microcrystalline cellulose in less than
two years, in soil, according to ISO
17556 or ASTM D5988 testing methods;
and
(3) Must be biobased with content
determined using ATM D6866 testing
method.
*
*
*
*
*
■ 3. Section 205.601 is amended by
adding paragraph (b)(2)(iii) to read as
follows:
§ 205.601 Synthetic substances allowed
for use in organic crop production.
*
*
*
*
*
(b) * * *
(2) * * *
(iii) Biodegradable biobased mulch
film as defined in § 205.2. Must be
produced without organisms or
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Federal Register / Vol. 78, No. 163 / Thursday, August 22, 2013 / Proposed Rules
feedstock derived from excluded
methods.
*
*
*
*
*
■ 4. Section 205.606 is amended by:
■ A. Removing paragraph (l);
■ B. Removing paragraph (w)(2);
■ C. Redesignating paragraph (w)(3) as
(w)(2);
■ D. Redesignating paragraphs (e)
through (aa) as (g) through (bb)
respectively;
■ E. Redesignating paragraph (d) as
paragraph (e); and
■ F. Adding new paragraphs (d) and (f).
The additions read as follows:
§ 205.606 Nonorganically produced
agricultural products allowed as ingredients
in or on processed products labeled as
‘‘organic.’’
*
*
*
*
*
(d) Citrus hystrix, leaves and fruit.
*
*
*
*
*
(f) Curry leaves (Murraya koenigii).
*
*
*
*
*
Dated: August 16, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural
Marketing Service.
[FR Doc. 2013–20476 Filed 8–21–13; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2013–0723; Notice No. 25–
13–03–SC]
Special Conditions: Boeing Model 777–
200, –300, and –300ER Series
Airplanes; Rechargeable Lithium Ion
Batteries and Battery Systems
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed special
conditions.
AGENCY:
This action proposes special
conditions for the Boeing Model 777–
200, –300, and –300ER series airplanes.
These airplanes as modified by the
ARINC Aerospace Company will have a
novel or unusual design feature,
specifically the rechargeable lithium ion
batteries and battery system that will be
used on an International
Communications Group (ICG) ePhone
cordless cabin handset. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for this design feature. These proposed
special conditions contain the
additional safety standards that the
Administrator considers necessary to
tkelley on DSK3SPTVN1PROD with PROPOSALS
SUMMARY:
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establish a level of safety equivalent to
that established by the existing
airworthiness standards.
DATES: Send your comments on or
before October 7, 2013.
ADDRESSES: Send comments identified
by docket number FAA–2013–0723
using any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/ and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington,
DC, 20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot.
gov/.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to the Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except federal holidays.
FOR FURTHER INFORMATION CONTACT:
Nazih Khaouly, FAA, Airplane and
Flight Crew Interface Branch, ANM–
111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind
Avenue SW., Renton, Washington,
98057–3356; telephone 425–227–2432;
facsimile 425–227–1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite interested people to take
part in this rulemaking by sending
written comments, data, or views. The
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52107
most helpful comments reference a
specific portion of the special
conditions, explain the reason for any
recommended change, and include
supporting data.
We will consider all comments we
receive on or before the closing date for
comments. We may change these special
conditions based on the comments we
receive.
Background
On August 10, 2012, the ARINC
Aerospace Company applied for a
supplemental type certificate for
installing equipment that uses
rechargeable lithium ion batteries and
battery systems in the Boeing Model
777–200, –300, and –300ER series
airplanes. The Model 777–200 series
airplanes are long-range, wide-body,
twin-engine jet airplanes with a
maximum capacity of 440 passengers.
The Boeing Model 777–300 and 777–
300ER series airplanes have a maximum
capacity of 550 passengers. The Model
777–200, –300, and –300ER series
airplanes have fly-by-wire controls,
fully software-configurable avionics,
and fiber-optic avionics networks.
Existing airworthiness regulations did
not anticipate the use of lithium ion
batteries and battery systems on aircraft.
Lithium ion batteries and battery
systems have new hazards that were not
contemplated when the existing
regulations were promulgated. In Title
14, Code of Federal Regulations (14
CFR) 25.1353, the FAA provided an
airworthiness standard for lead acid
batteries and nickel cadmium batteries.
These special conditions provide an
equivalent level of safety as that of the
existing regulation.
Type Certification Basis
Under the provisions of 14 CFR
21.101, the ARINC Aerospace Company
must show that the Boeing Model 777–
200, –300, and –300ER series airplanes,
as changed, continue to meet the
applicable provisions of the regulations
incorporated by reference in Type
Certificate No. T00001SE or the
applicable regulations in effect on the
date of application for the change. The
regulations incorporated by reference in
the type certificate are commonly
referred to as the ‘‘original type
certification basis.’’ The regulations
incorporated by reference in Type
Certificate No. T00001SE are as follows:
part 25, as amended by Amendments
25–1 through 25–82, except for
§ 25.571(e)(1), which remains at
Amendment 25–71 level. In addition,
the certification basis includes special
conditions and exemptions that are not
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]]>Agencies
[Federal Register Volume 78, Number 163 (Thursday, August 22, 2013)]
[Proposed Rules]
[Pages 52100-52107]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-20476]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS-NOP-13-0011; NOP-13-01PR]
RIN 0581-AD33
National Organic Program; Proposed Amendments to the National
List of Allowed and Prohibited Substances (Crops and Processing)
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would amend the U.S. Department of
Agriculture's (USDA's) National List of Allowed and Prohibited
Substances (National List) to reflect recommendations submitted to the
Secretary of Agriculture (Secretary) by the National Organic Standards
Board (NOSB) on May 25, 2012 and October
[[Page 52101]]
18, 2012. The recommendations addressed in this proposed rule pertain
to establishing exemptions (uses) for one substance in organic crop
production and two substances in organic processing. Consistent with
the recommendations from the NOSB, this proposed rule would add the
following substances, along with any restrictive annotations, to the
National List: biodegradable biobased mulch film; Citrus hystrix,
leaves and fruit; and curry leaves (Murraya koenigii). This action also
proposes a new definition for biodegradable biobased mulch film. This
proposed rule would also remove two listings for nonorganic
agricultural products on the National List, hops (Humulus lupulus) and
unmodified rice starch, as their use exemptions expired on January 1,
2013, and June 21, 2009, respectively.
DATES: Comments must be received by October 21, 2013.
ADDRESSES: Interested persons may comment on the proposed rule 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.
Instructions: All submissions received must include the docket
number AMS-NOP-13-0011; NOP-13-01PR, and/or Regulatory Information
Number (RIN) 0581-AD32 for this rulemaking. You should clearly indicate
the topic and section number of this proposed rule to which your
comment refers. You should clearly indicate whether you support the
action being proposed for the substances in this proposed rule. You
should clearly indicate the reason(s) for your position. You should
also supply information on alternative management practices, where
applicable, that support alternatives to the proposed action. You
should also offer any recommended language change(s) that would be
appropriate to your position. Please include relevant information and
data to support your position (e.g. scientific, environmental,
manufacturing, industry, impact information, etc.). Only relevant
material supporting your position should be submitted. All comments
received will be posted without change to https://www.regulations.gov.
AMS is particularly interested in comments regarding the
applicability of the proposed compostability standards for
biodegradable biobased mulch film, and whether guidance on management
practices is necessary to prevent mulch film from accumulating in
fields.
Document: For access to the document to read background documents
or comments received, go to https://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 2646-
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: Melissa Bailey, Ph.D., Director,
Standards Division, Telephone: (202) 720-3252; Fax: (202) 205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
On December 21, 2000, the Secretary established, within the
National Organic Program (NOP) (7 CFR part 205), the National List
regulations in sections 205.600 through 205.607. This 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 nonagricultural and
nonorganic agricultural substances that may be used in organic
handling. The Organic Foods Production Act of 1990 (OFPA) (7 U.S.C.
6501-6522), and USDA organic regulations, in section 205.105,
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 the
OFPA, the National List can be amended by the Secretary based on
proposed amendments developed by the NOSB.
Since established, AMS has published multiple amendments to the
National List beginning on October 31, 2003 (68 FR 61987). AMS
published the most recent amendment to the National List on September
27, 2012 (77 FR 59287).
This proposed rule would amend the National List to reflect three
recommendations submitted to the Secretary by the NOSB on May 25, 2012
(Citrus hystrix leaves and fruit and curry leaves (Murraya koenigii))
and October 18, 2012 (biodegradable biobased mulch film). Based upon
their evaluation of petitions submitted by industry participants,
public comments, market surveillance, and review of technical reports,
the NOSB recommended that the Secretary add one substance
(biodegradable biobased mulch film) to section 205.601 of the National
List for organic crop production and add two substances to section
205.606 (Citrus hystrix leaves and fruit and curry leaves (Murraya
koenigii)) for organic processing. This rule would also remove listings
for two substances (hops and unmodified rice starch) as their use
exemptions have expired. The exemptions for the use of each new
substance in organic crop production and handling were evaluated by the
NOSB using the criteria specified in OFPA (7 U.S.C. 6517-6518). In
addition, the amendments for two new substances proposed for organic
handling were also evaluated by the NOSB using NOP criteria on
commercial availability (72 FR 2167).
II. Overview of Proposed Amendments
The following provides an overview of the proposed amendments to
designated sections of the USDA organic regulations:
Section 205.2 Terms defined.
Section 205.601 Synthetic substances allowed for use in organic crop
production.
This proposed action would amend sections 205.2 and 205.601 by
adding the following new definition and new substance to the National
List for organic crop production.
Biodegradable Biobased Mulch Film
Biodegradable biobased mulch film was petitioned to the National
List in January 2012 for use as synthetic mulch for organic crop
production.\1\ This substance is also alternatively called ``bioplastic
mulch.''
---------------------------------------------------------------------------
\1\ Petition is available on NOP Web site in Petitioned
Substances Database under ``B '' at https://www.ams.usda.gov/NOPNationalList.
---------------------------------------------------------------------------
Biodegradable biobased mulch film is used as an alternative to
petroleum-based plastic mulches that do not biodegrade. Traditional
plastic mulches require removal at the end of the growing or harvest
season under OFPA and the USDA organic regulations (7 U.S.C. 6508;
Sec. Sec. 205.206(c)(6) and 205.601(b)(2)(ii)). Biodegradable biobased
mulch film is applied to agricultural fields as a thin plastic layer
and is left in the field to biodegrade. Like traditional plastic
mulches,
[[Page 52102]]
biodegradable biobased mulch film is used to cover the soil, modify
soil temperatures, retain soil moisture, and help control weeds and
insect problems.\2\
---------------------------------------------------------------------------
\2\ Technical Evaluation Report, Biodegradable Mulch Film Made
from Bioplastics, August 2, 2012. Available on the NOP Web site at
https://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5100029.
---------------------------------------------------------------------------
Mulch film may be made from a variety of degradable polymers,
including polylactic acid (PLA), polyhydroxyalkanoates (PHA), and
aliphatic-aromatic copolymers (AAC). Some biodegradable mulch films are
made from biological sources (i.e., biobased), and some are derived
from fossil fuel sources.\3\
---------------------------------------------------------------------------
\3\ Ibid.
---------------------------------------------------------------------------
At its October 15-18, 2012 meeting in Providence, RI, the NOSB
recommended that biodegradable biobased mulch film be added to the
National List, with restrictions, for use in organic crop production.
The NOSB evaluated biodegradable biobased mulch film against the
evaluation criteria of 7 U.S.C. 6517 and 6518 of the OFPA, received
public comment, and concluded that the substance is consistent with the
OFPA evaluation criteria.
The NOSB indicated in its recommendation that the use of this
substance is an opportunity to reduce landfilling of traditional
plastic mulches without sacrificing organic farming principles.
The regulatory text recommended by the NOSB is provided in Table 1.
The NOSB indicated in its recommendation that mulch film must meet
certain criteria for biodegradability, compostability, and biobased
content (Criteria A and B in Table 1). In addition, the NOSB
recommended restrictions on the types of materials allowed for the
production of biobased mulch film (Criterion C). The NOSB also
indicated that growers must take appropriate actions to ensure complete
degradation (Criterion D). The NOSB indicated that criteria A through C
are intended to apply to certifying agents and material evaluation
programs that will determine allowed products. Criterion D was intended
to refer to the grower's responsibility.
As part of this recommendation, the NOSB also proposed the
following definition for the new term biobased: ``Organic material in
which carbon is derived from a renewable resource via biological
processes. Biobased materials include all plant and animal mass derived
from carbon dioxide recently fixed via photosynthesis, per definition
of a renewable resource (ASTM).'' \4\ The NOSB recommended that the
term ``biobased'' be included in order to specifically prohibit
products derived from petroleum, such as those made from aliphatic-
aromatic copolymers.
---------------------------------------------------------------------------
\4\ ASTM refers to ASTM International, formerly known as the
American Society for Testing and Materials (ASTM), https://www.astm.org.
---------------------------------------------------------------------------
The Secretary has reviewed and proposes to accept the NOSB's
recommendation, with some modifications. Table 1 provides a comparison
of the NOSB's recommended regulatory text and the action proposed under
this rule.
This proposed rule would amend section 205.2 (Terms defined) by
adding a new definition for ``biodegradable biobased mulch film'' to
section 205.2 of the USDA organic regulations.
This action proposes to define biodegradable biobased mulch film as
a synthetic mulch that meets the following criteria: (1) Meets the
compostability standards of ASTM D6400 or D6868, or of other equivalent
international standards, i.e., EN 13432, EN 14995, or ISO 17088; (2)
Demonstrates at least 90% biodegradation absolute or relative to
microcrystalline cellulose in less than two years, in soil, according
to ISO 17556 or ASTM D5988 testing methods; and (3) Must be biobased
with content determined using ASTM D6866 testing method.\5\
---------------------------------------------------------------------------
\5\ ASTM refers to ASTM International, formerly known as the
American Society for Testing and Materials (ASTM), https://www.astm.org. EN refers to the European Committee for
Standardization, https://www.cen.eu. ISO refers to the International
Organization for Standardization, https://www.iso.org.
---------------------------------------------------------------------------
This proposed rule would also add the substance ``biodegradable
biobased mulch film,'' with restrictions, to new subparagraph
(b)(2)(iii) of section 205.601. The new listing would read as follows:
``Biodegradable biobased mulch films as defined in section 205.2. Must
be produced without organisms or feedstock derived from excluded
methods.''
The NOSB recommended that the standards for compostability,
biodegradation, and biobased content be included at subparagraph
(b)(2)(iii) of section 205.601. AMS proposes to include the references
to these standards within a new definition at section 205.2 in order to
streamline the listing of this substance and limit the number of
subparagraph levels on the National List.
Table 1--Comparison of NOSB Recommendation and AMS Proposed Action for
Biodegradable Biobased Mulch Film
------------------------------------------------------------------------
Section NOSB Recommendation AMS Proposed action
------------------------------------------------------------------------
205.2....................... Add the following Add the following
new definition to new definition to
Sec. 205.2: Sec. 205.2:
Biobased. Organic Biodegradable
material in which Biobased Mulch
carbon is derived Film. A synthetic
from a renewable mulch film that
resource via meets the following
biological criteria:
processes. Biobased (1) Meets the
materials include compostability
all plant and standards of ASTM
animal mass derived D6400 or D6868, or
from carbon dioxide of other equivalent
recently fixed via international
photosynthesis, per standards, i.e., EN
definition of a 13432, EN 14995, or
renewable resource ISO 17088;
(ASTM). (2) Demonstrates at
least 90%
biodegradation
absolute or
relative to
microcrystalline
cellulose in less
than two years, in
soil, according to
ISO 17556 or ASTM
D5988 testing
methods; and
(3) Must be biobased
with content
determined using
ASTM D6866 testing
method.
205.601..................... Add the following Add the following
substance to new substance to new
subparagraph (iii) subparagraph (iii)
of of
Sec. Sec.
205.601(b)(2):. 205.601(b)(2):
(b) As herbicides, (b) As herbicides,
weed barriers, as weed barriers, as
applicable. applicable
(2) Mulches......... (2) Mulches.
(iii) Biodegradable (iii) Biodegradable
biobased mulch biobased mulch film
films to be as defined in Sec.
reviewed meet the 205.2. Must be
following criteria: produced without
organisms or
feedstock derived
from excluded
methods.
[[Page 52103]]
(A) Completely
biodegradable as
shown by:
(1) Meeting the
requirements of
ASTM Standard D6400
or D6868
specifications, or
of other
international
standard
specifications with
essentially
identical criteria,
i.e. EN 13432, EN
14995, ISO 17088;
and
(2) Showing at least
90% biodegradation
in soil absolute or
relative to
microcrystalline
cellulose in less
than two years, in
soil, tested
according to ISO
17556 or ASTM 5988;
(B) Must be biobased
with content
determined using
the ASTM D6866
method;
(C) Must be produced
without organisms
or feedstock
derived from
excluded methods;
and
(D) Grower must take
appropriate actions
to ensure complete
degradation.
------------------------------------------------------------------------
The proposed definition for ``biodegradable biobased mulch film''
includes the third-party standards for compostability, biodegradation,
and biobased content which are included in the NOSB recommendation.
These standards are summarized in Table 2. Each standard provides a
reference for certifying agents and material evaluation programs to
verify that biodegradable biobased much film meet certain requirements
for compostability, biodegradability, and biobased content.
AMS is specifically interested in comments regarding the
compostability standards included in the definition. AMS has noted that
when the substance is used as recommended by the NOSB (i.e., as mulch
on the surface of the soil), it is not composted according to the
standards for compost under section 205.203(c) of the USDA organic
regulations. In addition, the NOSB did not consider or recommend the
addition of biodegradable biobased mulch film to the list of allowed
synthetic compost feedstocks at section 205.601(c). This proposed
action includes the compostability standards recommended by the NOSB,
but AMS is interested in comments on the applicability of these
standards for the intended use of the petitioned material. AMS is also
interested in comments on whether the two criteria for biodegradation
and biobased content, without the criteria for compostability, would be
sufficient for review of this substance.
Table 2--Table of Applicable Standards for Compostability, Biodegradation, and Biobased Content
----------------------------------------------------------------------------------------------------------------
Standard Title Criteria
----------------------------------------------------------------------------------------------------------------
ASTM D6400.............................. Standard Specification for Labeling of Compostability.
Plastics Designed to be Aerobically
Composted in Municipal or Industrial
Facilities.
ASTM D6868.............................. Standard Specification for Labeling of Compostability.
End Items that Incorporate Plastics and
Polymers as Coatings or Additives with
Paper and Other Substrates Designed to
be Aerobically Composted in Municipal or
Industrial Facilities.
EN 13432................................ Proof of compostability of plastic Compostability.
products.
EN 14995................................ Plastics--Evaluation of compostability-- Compostability.
Test scheme and specifications
ISO 17088............................... Specifications for compostable plastics.. Compostability.
ISO 17556............................... Plastics--Determination of the ultimate Biodegradability.
aerobic biodegradability of plastic
materials in soil by measuring the
oxygen demand in a respirometer or the
amount of carbon dioxide evolved.
ASTM D5988.............................. Standard Test Method for Determining Biodegradability.
Aerobic Biodegradation of Plastic
Materials in Soil.
ASTM D6866.............................. Standard Test Methods for Determining the Biobased Content.
Biobased Content of Solid, Liquid, and
Gaseous Samples Using Radiocarbon
Analysis.
----------------------------------------------------------------------------------------------------------------
AMS noted that the NOSB did not recommend a minimum amount of
biobased content for biodegradable biobased mulch films. AMS considered
whether a minimum should be included in order to ensure that approved
products will derive most of their content from biological sources, as
was intended by the NOSB. AMS consulted with the USDA BioPreferred
program to inquire whether they have a specific category established
for biodegradable mulch film products, since product categories in the
USDA BioPreferred program include standards (i.e., minimums) for
products' biobased content.\6\ The USDA BioPreferred program indicated
that they do not have a specific product category for biobased mulch
film, and that mulch film does not fall within their categories of
``Mulch and Compost Materials'' \7\ or ``Films--Non-Durable.'' \8\
(Manufacturers of biobased mulch film who wish to certify this product
under the USDA BioPreferred program would classify it in an
``undesignated'' product category; products in this category must
contain a minimum of 25% biobased content as measured by the standard
test
[[Page 52104]]
method.) AMS understands that biobased mulch films used by organic
producers will need to be derived primarily from biobased sources in
order to meet the requirements for biodegradation and compostability,
so we have not proposed a minimum biobased content requirement for
mulch film. Biodegradable mulch films that are not biobased, e.g.,
derived from fossil fuel sources, would not be permitted.
---------------------------------------------------------------------------
\6\ USDA BioPreferred[supreg] Program product categories are
available at https://www.biopreferred.gov/ProductCategories.aspx
\7\ Established at 7 CFR 2902.56; Final Rule published October
18, 2010; 75 FR 63695.
\8\ Established at 7 CFR 2902.27; Final Rule published May 14,
2008; 73 FR 27958.
---------------------------------------------------------------------------
AMS considered the definition for ``biobased'' that was recommended
by the NOSB, and we have not proposed the addition of this term to
section 205.2. Instead, AMS proposed a new definition for
``biodegradable biobased mulch film'' that incorporates the NOSB's
intent of limiting the use of this substance to biobased products by
including a testing standard for biobased content. The proposed new
term ``biodegradable biobased mulch film'' indicates that this
substance must be biobased with content determined using ASTM D6866
testing method. Since this testing method has been previously
established for biobased materials using an existing definition for
``biobased,'' AMS determined it was not necessary to add a separate
definition for ``biobased'' to the USDA organic regulations.
AMS also considered whether the new definition for ``biodegradable
biobased mulch film'' may raise questions as to whether certain types
of paper mulch are intended to be included in the new definition.
Specifically, the petition describes a type of paper mulch ``comprised
of kraft paper coated with cured vegetable oil-based resins,'' and
indicates that these materials are not intended to be included within
its scope. In addition, these materials were also not considered a part
of the petition during the NOSB review. As such, AMS does not consider
these paper mulches to fall within the new definition of
``biodegradable biobased mulch film,'' since they were not included
within the scope of the petition and because these products are not
``films.'' \9\ This action is also not intended to define newspaper or
other recycled paper as ``biodegradable biobased mulch films.'' The use
of newspaper or other recycled paper, without glossy or colored inks,
will continue to be allowed as allowed synthetic mulch under the
current listing at section 205.601(b)(2)(i) without the additional
testing requirements for biodegradable biobased mulch film outlined
under the new definition at section 205.2.
---------------------------------------------------------------------------
\9\ The biodegradable films intended by the petition are
described by the petitioner as ``produced from bioplastics and meet
standards for aerobic biodegradation in soil.''
---------------------------------------------------------------------------
The NOSB also recommended that biodegradable biobased mulch film
must meet the following criteria: ``Must be produced without organisms
or feedstocks derived from excluded methods.'' AMS has reviewed this
language and has incorporated the text into the listing proposed at
section 205.601.
The NOSB also recommended the following additional text for the
listing for biodegradable biobased mulch film: ``Grower must take
appropriate actions to ensure complete degradation.'' AMS has reviewed
this language and has not incorporated this text into the proposed
listing as we believe the intent of this text is adequately covered
under other sections of the USDA organic regulations. For example,
section 205.200 requires that production practices maintain or improve
the natural resources of the operation, including soil and water
quality. In addition, section 205.203 requires that the producer select
and implement practices that maintain or improve the physical,
chemical, and biological condition of soil. Thus, the use of film in a
manner that causes it to accumulate in the field and not biodegrade
over time would not be compliant with the existing requirements at
sections 205.200 and 205.203.
The NOSB indicated that the proposed language was intended to
clarify the grower's responsibility and what the certifying agent must
evaluate. The NOSB indicated that NOP, in conjunction with the NOSB,
should develop guidance that explains proper practices for use of
biodegradable biobased mulch film. In addition, the NOSB indicated that
it expects the inspection process and certification review to verify
that biodegradation of the mulch film is occurring so that it does not
accumulate in the fields where it is used.
AMS understands that the complete degradation of mulch film may be
impacted by a number of factors, including climate, soil type,
irrigation, and other production practices. AMS has not determined if
there is a demonstrated need for guidance on the use of mulch film at
this time. We understand that guidance may be needed in the future
depending on the prevalence of adoption of use of mulch film by organic
growers and any problems observed by certifying agents with degradation
on organic fields. AMS is interested in comments on whether guidance on
management practices is necessary at this time to prevent mulch film
from accumulating in fields.
Section 205.606 Nonorganically Produced Agricultural Products Allowed
as Ingredients in or on Processed Products Labeled as ``Organic.''
This proposed rule would amend section 205.606 by removing
paragraph (l), removing subparagraph (w)(2), and redesignating
subparagraph (w)(3) as (w)(2), to remove the following substances from
the National List:
Hops (Humulus lupulus). Hops (Humulus lupulus) was added to the
National List on June 27, 2007 (72 FR 35137), to enable brewers to
produce organic beer with conventionally grown hops in the absence of a
commercially available supply of organically grown hops. In December
2009, an organic hop grower association petitioned the NOSB to remove
hops from section 205.606 for the purpose of advancing growth in the
organic hops market.\10\
---------------------------------------------------------------------------
\10\ Petition to remove hops. Available in Petitioned Substances
Database, under ``H,'' available at the NOP Web site at https://www.ams.usda.gov/NOPNationalList and https://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5085449.
---------------------------------------------------------------------------
In response to the petition, the NOSB recommended at its October
2010 public meeting that an expiration date of January 1, 2013 be added
to the listing for hops. This recommendation was accepted by the
Secretary and was implemented as a Final Rule published June 27, 2012
(77 FR 33290). The listing was amended to read as follows: Hops
(Humulus lupulus) until January 1, 2013. This action would remove the
expired listing for hops (Humulus lupulus) from section 205.606 at
paragraph (l), as the use exemption for this substance expired on
January 1, 2013. Removal of this substance has no new regulatory
effect.
Unmodified Rice Starch
This proposed rule would amend section 205.606 of the National List
by removing the expired exemption for ``rice starch, unmodified (CAS
977000-08-0),'' referred to below as ``unmodified rice
starch.'' Unmodified rice starch was petitioned to the National List on
February 14, 2007 as a gelation agent used in combination with other
thickeners. The NOSB recommended adding unmodified rice starch to the
National List and also indicated that the listing should expire two
years after the date of publication of the final rule. The NOSB
recommendation was accepted by the Secretary, and unmodified rice
starch was added to the National List effective June 21, 2007 by
publication of an interim final rule on June 27, 2007 (72 FR 35137).
The listing reads as follows:
[[Page 52105]]
(2) Rice starch, unmodified (CAS 977000-08-0)--for use in
organic handling until June 21, 2009. This proposed rule would remove
the listing for unmodified rice starch that expired on June 21, 2009.
Removal of this substance has no new regulatory effect.
This proposed rule would further amend section 205.606 by
redesignating paragraphs (e) through (aa) as (g) through (bb),
respectively; and redesignating paragraph (d) as paragraph (e) for the
purposes of adding the following new substances at paragraphs (d) and
(f):
Citrus Hystrix, Leaves and Fruit
Leaves and fruit of Citrus hystrix were petitioned in August 2011
for use as a nonorganic agricultural ingredient in or on processed
products labeled as ``organic.'' \11\ C. hystrix leaves and fruit are
traditional ingredients in Lao, Thai, and other Southeast Asian
cuisines. The tree of C. hystrix is easily identified by its
distinctively shaped double leaves and the fruit is known for its bumpy
skin. Both the leaves and fruit impart a unique intense flavor and
aroma in foods due to their high concentration of essential oils. C.
hystrix leaves and fruit are harvested, washed, and can be used fresh,
dried, or frozen.
---------------------------------------------------------------------------
\11\ Petition is available in Petitioned Substances Database,
under ``C,'' at https://www.ams.usda.gov/NOPNationalList.
---------------------------------------------------------------------------
At its May 22-25, 2012, meeting in Albuquerque, NM, the NOSB
accepted public comment and recommended adding C. hystrix leaves and
fruit to the National List for use in organic handling as a non-organic
agricultural ingredient where the organic form is commercially
unavailable.\12\ In this open meeting, the NOSB evaluated C. hystrix
leaves and fruit against evaluation criteria established by 7 U.S.C.
6517 and 6518 of the OFPA evaluation criteria and NOP commercial
availability criteria (72 FR 2167). Therefore in response to the NOSB
recommendation regarding the use of C. hystrix in organic handling, the
Secretary proposes to amend section 205.606 of the National List
regulations to allow C. hystrix as a nonorganically produced
agricultural product allowed as an ingredient in or on processed
products labeled as ``organic.''
---------------------------------------------------------------------------
\12\ NOSB Formal Recommendation for Citrus hystrix leaves and
fruit, May 25, 2012. https://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5098918.
---------------------------------------------------------------------------
Curry Leaves (Murraya koenigii)
Curry leaves were petitioned in August 2011 for use as a nonorganic
agricultural ingredient in or on processed products labeled as
``organic.'' \13\ Curry leaves, which are also known as sweet neem
leaves, are extremely fragrant and are an important ingredient commonly
used in Indian, Sri Lankan, Malay and other Southeast Asian cuisines.
Curry leaves impart a unique flavor and fragrance which cannot be
substituted with other ingredients. Curry leaves are harvested from
curry trees, washed, and can be used fresh, dried, or frozen.
---------------------------------------------------------------------------
\13\ Petition is available in Petitioned Substances Database,
under ``C,'' at https://www.ams.usda.gov/NOPNationalList.
---------------------------------------------------------------------------
At its May 22-25, 2012, public meeting in Albuquerque, NM, the NOSB
accepted public comment and recommended adding curry leaves (Murraya
koenigii) to the National List for use in organic handling as a
nonorganic agricultural ingredient when organic curry leaves are
commercially unavailable.\14\ The NOSB evaluated curry leaves (Murraya
koenigii) against evaluation criteria established by 7 U.S.C. 6517 and
6518 of the OFPA evaluation criteria and NOP commercial availability
criteria (72 FR 2167). Therefore in response to the NOSB recommendation
regarding the use of curry leaves (Murraya koenigii) in organic
handling, the Secretary proposes to amend section 205.606 of the
National List regulations to allow curry leaves (Murraya koenigii) as a
nonorganically produced agricultural product allowed as an ingredient
in or on processed products labeled as ``organic.'' The listing is
proposed as the common name of the ingredient, with the scientific
species name in parentheses, to be consistent with the listing of other
agricultural products on National List.
---------------------------------------------------------------------------
\14\ NOSB Formal Recommendation for Curry Leaves, May 25, 2012,
https://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5098915.
---------------------------------------------------------------------------
III. Related Documents
Two notices were published regarding meetings of the NOSB and its
deliberations on recommendations and substances petitioned for amending
the National List. Substances and recommendations included in this
proposed rule were announced for NOSB deliberation in the following
Federal Register notices: (1) 77 FR 21067, April 9, 2012 (curry leaves
and C. hystrix); and (2) 77 FR 52679, August 30, 2012 (biodegradable
biobased mulch film).
The expiration date of January 1, 2013, for the listing for hops
was added to the National List on June 27, 2012 by a final rule (77 FR
33290) published in the Federal Register notice on June 6, 2012.
The listing and expiration date of June 21, 2009 for unmodified
rice starch was added to the National List on June 21, 2007, by an
interim final rule (72 FR 35137) published in the Federal Register on
June 27, 2007.
Additional information on substances, including petitions,
technical reports, and NOSB recommendations, are available on the NOP
Web site at https://www.ams.usda.gov/NOPNationalList.
IV. Statutory and Regulatory Authority
The OFPA, as amended, (7 U.S.C. 6501-6522), authorizes the
Secretary to make amendments to the National List based on proposed
amendments developed by the NOSB. Sections 6518(k) and 6518(n) of the
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 deletion from the National
List. The National List petition process is implemented under section
205.607 of the NOP regulations. The current petition guidelines (72 FR
2167, January 18, 2007) can be accessed through the NOP Web site at
https://www.ams.usda.gov/AMSv1.0/nop.
A. Executive Order 12866
This action has been determined not significant for purposes of
Executive Order 12866, and therefore, has not been reviewed by the
Office of Management and Budget.
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.
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 the OFPA
(7 U.S.C. 6514(b)). States are also preempted by the OFPA (7 U.S.C.
6503 through 6507) 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 the OFPA (7 U.S.C. 6507(b)(2)), a State organic
certification
[[Page 52106]]
program may contain additional requirements for the production and
handling of organically produced agricultural products that are
produced in the State and for the certification of organic farm and
handling operations located within the State under certain
circumstances. 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.
Pursuant to the OFPA (7 U.S.C. 6519(f)), 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 EPA under the FIFRA (7 U.S.C. 136-
136(y)).
The OFPA (7 U.S.C. 6520) provides for the Secretary to establish an
expedited administrative appeals procedure under which persons may
appeal an action of the Secretary, the applicable governing State
official, or a certifying agent under this title that adversely affects
such person or is inconsistent with the organic certification program
established under this title. The OFPA also provides that the U.S.
District Court for the district in which a person is located has
jurisdiction to review the Secretary's decision.
C. Regulatory Flexibility Act
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 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.
Small agricultural service firms, which include producers,
handlers, and accredited certifying agents, have been defined by the
Small Business Administration (SBA) (13 CFR 121.201) as those having
annual receipts of less than $7,000,000 and small agricultural
producers are defined as those having annual receipts of less than
$750,000. According to USDA, National Agricultural Statistics Service
(NASS), certified organic acreage exceeded 3.5 million acres in
2011.\15\ According to NOP's Accreditation and International Activities
Division, the number of certified U.S. organic crop and livestock
operations totaled over 17,281 in 2011. AMS believes that most of these
entities would be considered small entities under the criteria
established by the SBA. The procedures for producing and handling
certified apiculture products will remain essentially the same under
this proposed rule as they have been since ACAs began to certify
apiculture products organic under the livestock regulations. The
difference under the proposed rule is that the regulation will be more
specific, and is tailored to apiculture production and handling
requirements.
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\15\ U.S. Department of Agriculture, National Agricultural
Statistics Service. October 2012. 2011 Certified Organic Productions
Survey. https://usda01.library.cornell.edu/usda/current/OrganicProduction/OrganicProduction-10-04-2012.pdf.
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U.S. sales of organic food and non-food have grown from $1 billion
in 1990 to $31.4 billion in 2011. Sales in 2011 represented 9.5 percent
growth over 2010 sales.\16\ In addition, the USDA has 86 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 https://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. Certifying agents reported approximately 29,000
certified operations worldwide in 2011.
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\16\ Organic Trade Association. 2012. Organic Industry Survey.
www.ota.com.
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D. 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, and
Chapter 35.
E. 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.
F. General Notice of Public Rulemaking
This proposed rule reflects recommendations submitted by the NOSB
to the Secretary to add three substances on the National List and to
remove two expired listings from the National List. A 60-day period for
interested persons to comment on this rule is provided and is deemed
appropriate.
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. Section 205.2 is amended by adding one new term in alphabetical
order to read as follows:
Sec. 205.2 Terms defined.
* * * * *
Biodegradable biobased mulch film. A synthetic mulch film that
meets the following criteria:
(1) Meets the compostability standards of ASTM D6400 or D6868, or
of other equivalent international standards, i.e., EN 13432, EN 14995,
or ISO 17088;
(2) Demonstrates at least 90% biodegradation absolute or relative
to microcrystalline cellulose in less than two years, in soil,
according to ISO 17556 or ASTM D5988 testing methods; and
(3) Must be biobased with content determined using ATM D6866
testing method.
* * * * *
0
3. Section 205.601 is amended by adding paragraph (b)(2)(iii) to read
as follows:
Sec. 205.601 Synthetic substances allowed for use in organic crop
production.
* * * * *
(b) * * *
(2) * * *
(iii) Biodegradable biobased mulch film as defined in Sec. 205.2.
Must be produced without organisms or
[[Page 52107]]
feedstock derived from excluded methods.
* * * * *
0
4. Section 205.606 is amended by:
0
A. Removing paragraph (l);
0
B. Removing paragraph (w)(2);
0
C. Redesignating paragraph (w)(3) as (w)(2);
0
D. Redesignating paragraphs (e) through (aa) as (g) through (bb)
respectively;
0
E. Redesignating paragraph (d) as paragraph (e); and
0
F. Adding new paragraphs (d) and (f). The additions read as follows:
Sec. 205.606 Nonorganically produced agricultural products allowed as
ingredients in or on processed products labeled as ``organic.''
* * * * *
(d) Citrus hystrix, leaves and fruit.
* * * * *
(f) Curry leaves (Murraya koenigii).
* * * * *
Dated: August 16, 2013.
Rex A. Barnes,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2013-20476 Filed 8-21-13; 8:45 am]
BILLING CODE 3410-02-P
