[Federal Register Volume 81, Number 47 (Thursday, March 10, 2016)]
[Notices]
[Pages 12680-12681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-05399]
========================================================================
Notices
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains documents other than rules
or proposed rules that are applicable to the public. Notices of hearings
and investigations, committee meetings, agency decisions and rulings,
delegations of authority, filing of petitions and applications and agency
statements of organization and functions are examples of documents
appearing in this section.
========================================================================
Federal Register / Vol. 81, No. 47 / Thursday, March 10, 2016 /
Notices
[[Page 12680]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
[Document Number AMS-NOP-16-0003; NOP-15-09]
National Organic Program; Notice of Availability of National List
Petition Guidelines
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Agricultural Marketing Service (AMS) National Organic
Program (NOP) is announcing the availability of NOP 3011, National List
Petition Guidelines. These guidelines apply to petitions that request
an amendment to the NOP's National List of Allowed and Prohibited
Substances (National List). The National List identifies the synthetic
substances that may be used and the nonsynthetic substances that may
not be used in organic production. The National List also identifies
the non-organic substances that may be used in organic handling. The
National List Petition Guidelines are based upon the May 2, 2014,
recommendations of the National Organic Standards Board and modify the
information to be included in a petition. This notice also clarifies
the information to be submitted for all types of petitions that request
amendments to the National List. This notice and NOP 3011 replace the
previous petition guidelines that were published in the Federal
Register on January 18, 2007 (72 FR 2167).
DATES: Effective Date: The petition guidelines announced by this notice
of availability are effective on March 11, 2016.
ADDRESSES: Petitions should be submitted to National List Manager,
USDA-AMS-NOP, 1400 Independence Avenue SW., Room 2642-So., Ag Stop
0268, Washington, DC 20250-0268 or via email to [email protected].
Electronic submission by email is preferred.
FOR FURTHER INFORMATION CONTACT: National List Manager, National
Organic Program, 1400 Independence Avenue SW., Room 2642-South, STOP
0268; Washington, DC 20250-0268; Telephone (202) 720-3252; Fax: (202)
205-7808.
SUPPLEMENTARY INFORMATION:
I. Background
The Organic Foods Production Act of 1990 (OFPA), as amended (7
U.S.C. 6501 et seq.), authorizes the establishment of the National
Organic Program including the National List of Allowed and Prohibited
Substances (National List). This National List identifies the synthetic
substances that may be used and the nonsynthetic substances that may
not be used in organic production, and also identifies the non-organic
substances that may be used in organic handling. The OFPA and USDA
organic regulations, in section 205.105, specifically prohibit the use
of any synthetic substance for organic production and handling unless
the synthetic substance is on the National List. Section 205.105 also
requires that any non-organic, nonsynthetic substance used in organic
handling must also be on the National List. Since the USDA organic
regulations became effective on October 21, 2002, the National List has
been amended through rulemaking by the National List Petition Process
and the National List Sunset Process. The guidelines contained in this
notice apply only to the National List Petition Process.
The ability for any person to petition to amend the National List
is authorized by the OFPA (7 U.S.C. 6518(n)) and the USDA organic
regulations, in section 205.607. This authorization provides that any
person may petition the National Organic Standards Board (NOSB) for the
purpose of having a substance evaluated by the NOSB for recommendation
to the Secretary for inclusion on or removal from the National List.
The NOSB is authorized to review petitions under specified evaluation
criteria in OFPA (7 U.S.C. 6518(m)), and forward recommendations for
amending the National List to the Secretary.
At its April 29-May 2, 2014, public meeting in San Antonio, Texas,
the NOSB issued two recommendations concerning the National List
petition process. This notice announces the availability of revised
petition guidelines which are based upon these NOSB recommendations.
II. NOSB Recommendations
Confidential Business Information
The NOSB issued a recommendation at its April 29-May 2, 2014,
public meeting addressing the inclusion of confidential business
information (CBI) in petitions.\1\ The NOSB recommended that the
National List petition process be revised to eliminate the provision
for confidential business information. The NOSB indicated the
importance of transparency in the petition process, the right of the
public to fully know the materials included in or on certified organic
products, and the potential for an untenable administrative burden of
management of CBI. AMS has reviewed the recommendation and has accepted
the recommendation. The updated petition guidelines do not contain the
previous provision that allowed for the submission of confidential
business information by petitioners.
---------------------------------------------------------------------------
\1\ NOSB Recommendation, Confidential Business Information in
Petitions, May 2, 2014. Available on the NOP Web site at http://www.ams.usda.gov/sites/default/files/media/NOP%20Materials%20Final%20Rec%20Confidential%20Business%20Info.pdf.
---------------------------------------------------------------------------
Update of Petition Process
The NOSB also issued a recommendation at its April 29-May 2, 2014,
public meeting that addressed other changes to the petition and
technical review process.\2\ The NOSB recommended several updates to
clarify how to submit complete petitions, explain to petitioners what
to expect in the petition process, make the review process for the NOSB
clearer and more consistent, and provide transparency about these
processes to the public. AMS has reviewed the recommendation and has
updated the current guidelines to align with the NOSB recommendation.
Updates in the NOSB recommendation that pertain to parts of
[[Page 12681]]
the NOSB Policy and Procedures Manual and Technical Review Process will
be addressed through separate actions. The changes affecting the
National List petition guidelines include the following: (1) Requesting
the petitioners indicate the OFPA category for substances used in
organic production; (2) abbreviated requirements for petitions that
request a change to annotations for substances already listed; (3)
elimination of references to Confidential Business Information; (4)
clarification of requirements for petitions requesting the addition,
removal, or amendment of an annotation for a listed substance; and (5)
other language changes for clarity. As part of the revision to the
petition guidelines, NOP has also included within NOP 3011 answers to
common questions about the petition process, such as the role of the
NOP, role of the NOSB, and the criteria used to evaluate petitions.
---------------------------------------------------------------------------
\2\ NOSB Recommendation, Update of the Petition and Technical
Review Process, May 2, 2014. Available on the NOP Web site at http://www.ams.usda.gov/sites/default/files/media/NOP%20Materials%20Final%20Rec%20Update%20on%20Petition%20and%20TR%20Process.pdf.
---------------------------------------------------------------------------
III. Availability of National List Petition Guidelines
The procedure document titled ``National List Petition Guidelines''
(NOP 3011) is now available from the NOP through ``The Program
Handbook: Guidance and Instructions for Certifying Agents and Certified
Operations.'' This Handbook provides those who own, manage, or certify
organic operations with guidance and instructions that can assist them
in complying with the USDA organic regulations. The current edition of
the Program Handbook is available online at http://www.ams.usda.gov/.
IV. Electronic Access
Persons with access to Internet may obtain the petition guidelines
at the NOP's Web site at http://www.ams.usda.gov/nop. Requests for hard
copies of the petition guidelines can be obtained by submitting a
written request to the person listed in the ADDRESSES section of this
Notice.
Authority: 7 U.S.C. 6501-6522.
Dated: March 3, 2016.
Elanor Starmer,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2016-05399 Filed 3-9-16; 8:45 am]
BILLING CODE 3410-02-P