[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]


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 Notices
                                                 Federal Register
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 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. 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.

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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.
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    \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.
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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.
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    \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.
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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