[Federal Register Volume 81, Number 11 (Tuesday, January 19, 2016)]
[Notices]
[Pages 2837-2838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-00862]
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Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
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Federal Register / Vol. 81, No. 11 / Tuesday, January 19, 2016 /
Notices
[[Page 2837]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Doc. No. AMS-NOP-14-0062; NOP-14-01]
National Organic Program: Notice of Final Guidance for Accredited
Certifying Agents and Certified Operations on Natural Resources and
Biodiversity Conservation
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice of availability of final guidance.
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SUMMARY: The National Organic Program (NOP) is announcing the
availability of a final guidance document intended for use by
accredited certifying agents and certified operations. The guidance
document is entitled: Natural Resources and Biodiversity Conservation
(NOP 5020). This guidance document is intended to inform the public of
NOP's current thinking on this topic.
DATES: The final guidance document announced by this notice is
effective on January 20, 2016.
FOR FURTHER INFORMATION CONTACT: Paul Lewis, Ph.D., Standards Division,
National Organic Program, USDA-AMS-NOP, 1400 Independence Ave. SW.,
Room 2642-S., Ag Stop 0268, Washington, DC 20250-0268. Telephone: (202)
720-3252, Email: [email protected]; Telephone: (202) 260-9294.
SUPPLEMENTARY INFORMATION:
I. Background
On December 29, 2014, the National Organic Program (NOP) published
in the Federal Register a notice of availability with request for
public comment on a draft guidance document addressing Natural
Resources and Biodiversity Conservation for Certified Organic
Operations and Accredited Certifying Agents (ACA's) (79 FR 78025). The
NOP selected the topic for the draft guidance in response to a May 2009
National Organic Standards Board (NOSB) request that AMS clarify the
requirements and limitations codified at 7 CFR 205.200.\1\
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\1\ NOSB Recommendation: Implementation of Biodiversity
Conservation in Organic Agriculture Systems. Issued on March 5,
2009. Available on the NOP Web site at: http://www.ams.usda.gov/sites/default/files/media/NOP%20Final%20Rec%20Biodiversity.pdf.
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The general natural resources and biodiversity conservation
requirement of the U.S. Department of Agriculture (USDA) organic
regulations at 7 CFR 205.200 requires operations to ``maintain or
improve the natural resources of the operation, including soil and
water quality.'' Section 205.2 of the regulations defines ``natural
resources of the operation'' as the ``physical, hydrological, and
biological features of a production operation, including soil, water,
wetlands, woodlands, and wildlife.'' The May 2009 NOSB recommendation
asked the NOP to establish: (1) Consistent discussion and review of
biodiversity protection and enhancement in all certified operations'
organic system plans; (2) increased education and information for
certified operations, inspectors, and certifiers; (3) uniformity of
inspection and certification procedures with regard to how certified
operations implement the biodiversity standards; (4) incorporation of
biodiversity standards into the procedures for accreditation and
certifier audits; and (5) use of materials evaluation criteria that
foster consideration of biodiversity conservation when adding or
deleting materials from the National List of Allowed and Prohibited
Substances. The draft NOP guidance can be viewed on the NOP Web site at
http://www.ams.usda.gov/sites/default/files/media/NOP-5020.pdf. The 60-
day comment period closed on February 27, 2015.
NOP received approximately 964 individual comments on the draft
guidance document. Based upon the comments received, the NOP revised
and is publishing a final guidance document on Natural Resources and
Biodiversity Conservation (NOP 5020). The guidance document includes an
appendix (NOP 5020-1) where the NOP provides a complete discussion of
the comments received and the rationale behind any changes made to the
guidance documents.
This final guidance provides examples of production practices that
support conservation principles and demonstrate compliance with 7 CFR
205.200. This guidance also clarifies: (1) The certified organic
operator's responsibility to select, carry out, and record production
practices that ``maintain or improve the natural resources of the
operation;'' (2) the accredited certifying agent's (certifier)
responsibility to verify operator compliance with this requirement; and
(3) how domestic organic operations that participate in a USDA Natural
Resources Conservation Service (NRCS) program and the NOP can reduce
their paperwork burdens. This final guidance is available from the NOP
through ``The Program Handbook: Guidance and Instructions for
Accredited Certifying Agents (ACAs) and Certified Operations''. This
Handbook provides those who own, manage, or certify organic operations
with guidance and instructions that can assist them in complying with
the USDA organic regulations. The current edition of the Program
Handbook is available online at http://www.ams.usda.gov/rules-regulations/organic/handbook.
II. Significance of Guidance
This final guidance document is being issued in accordance with the
Office of Management and Budget (OMB) Bulletin on Agency Good Guidance
Practices (GGPs) (January 25, 2007, 72 FR 3432-3440). The purpose of
GGPs is to ensure that program guidance documents are developed with
adequate public participation, are readily available to the public, and
are not applied as binding requirements. This guidance represents the
NOP's current thinking on the topic. It does not create or confer any
rights for, or on, any person and does not operate to bind the NOP or
the public. Guidance documents are intended to provide a uniform method
for operations to comply with the Organic Foods Production Act (OFPA)
and the USDA organic regulations that can reduce the burden of
developing their own methods and simplify audits and inspections.
Alternative approaches that can demonstrate compliance with the OFPA,
as amended (7 U.S.C. 6501-
[[Page 2838]]
6522), and its implementing regulations are also acceptable. As with
any alternative compliance approach, the NOP strongly encourages
industry to discuss alternative approaches with the NOP before
implementing them to avoid unnecessary or wasteful expenditures of
resources, and to ensure the proposed alternative approach complies
with the OFPA and its implementing regulations.
Electronic Access
Persons with access to Internet may obtain the final guidance at
the NOP's Web site at http://www.ams.usda.gov/nop. Request for hard
copies of the final guidance document can be obtained by submitting a
written request to the person listed in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
Authority: 7 U.S.C. 6501-6522.
Dated: January 13, 2016.
Erin Morris,
Associate Administrator, Agricultural Marketing Service.
[FR Doc. 2016-00862 Filed 1-15-16; 8:45 am]
BILLING CODE 3410-02-P