[Federal Register Volume 66, Number 54 (Tuesday, March 20, 2001)]
[Rules and Regulations]
[Page 15619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-6836]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 66, No. 54 / Tuesday, March 20, 2001 / Rules 
and Regulations  

[[Page 15619]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Docket Number: TMD-00-02-FR]
RIN 0581-AA40


National Organic Program; Correction of the Effective Date Under 
Congressional Review Act (CRA)

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule: correction of effective date under CRA.

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

SUMMARY: The Agricultural Marketing Service (AMS) is correcting the 
effective date of the final rule (65 FR 80548), promulgated under the 
Organic Foods Production Act of 1990, that establishes the National 
Organic Program (NOP). The NOP establishes national standards for the 
production and handling of organically produced products, including a 
national list of substances approved for or prohibited from use in 
organic production and handling. This change in the effective date 
meets the requirements of the Congressional Review Act (CRA) enacted as 
part of the Small Business Regulatory Enforcement Fairness Act of 1996 
(5 U.S.C. 801-808), which requires that, before this rule can take 
effect, AMS must submit a copy of the rule to each House of the 
Congress and to the Comptroller General, together with a concise 
general statement of the rule and its proposed effective date. This 
information was provided to Congress and the Comptroller General on 
February 20, 2001.

EFFECTIVE DATE: The effective date of the final rule published at 65 FR 
80548, December 21, 2000, is corrected to April 21, 2001.

FOR FURTHER INFORMATION CONTACT: Richard Mathews, Senior Agricultural 
Marketing Specialist, USDA-AMS-TMP-NOP, Room 2510-So., Ag Stop 0268, 
P.O. Box 96456, Washington, DC 20090-6456; Telephone: (202) 205-7806; 
Fax: (202) 205-7808.

SUPPLEMENTARY INFORMATION: The final rule published at 65 FR 80548 
establishes the NOP under the direction of AMS, an arm of the United 
States Department of Agriculture (USDA). The NOP will facilitate 
domestic and international marketing of fresh and processed food that 
is organically produced and assure consumers that such products meet 
consistent, uniform standards. The NOP establishes national standards 
for the production and handling of organically produced products, 
including a national list of substances approved for or prohibited from 
use in organic production and handling. The NOP includes a national 
accreditation program for state officials and private persons who want 
to be accredited as certifying agents. Under the NOP, certifying agents 
will certify whether production and handling operations comply with the 
requirements of 7 CFR part 205, and will enforce program requirements. 
The final rule includes requirements that products must meet to be 
labeled as organic or as containing organic ingredients. The program is 
authorized under the Organic Foods Production Act of 1990.
    This action corrects the effective date of the final rule in order 
to meet the requirements of the Small Business Regulatory Enforcement 
Fairness Act of 1966 (5 U.S.C. 801-808). The act requires that before a 
final rule can take effect, it must be submitted to each House of the 
Congress and to the Comptroller General, along with a concise general 
statement of the rule and its proposed effective date. We have 
determined that the report to Congress and to the Comptroller General 
was not received, as previously thought, concurrent with the 
transmission of the rule to the Federal Register. This information was 
provided to Congress and the Comptroller General on February 20, 2001. 
Under 5 U.S.C. 801-808, the effective date of a major rule is, as 
pertinent here, ``the later of the date occurring 60 days after the 
date on which * * * the Congress received the [required] report * * * 
or * * * the rule is published in the Federal Register * * *''. Thus 
the published effective date which was 60 days following the date of 
publication of the rule in the Federal Register, is erroneous; rather 
the actual effective date of the rule is 60 days after the receipt by 
Congress of the final rule, or April 21, 2001. This final rule corrects 
the previously published effective date.
    Because the correction of the effective date is required by law, we 
find good cause under 5 U.S.C. 553(b)(3)(B) and 555(d)(3) to waive 
public comment thereon.
    The rule is now scheduled to become effective on April 21, 2001.

    Dated: March 14, 2001.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 01-6836 Filed 3-19-01; 8:45 am]
BILLING CODE 3410-02-P