Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 62693 

included: ‘‘Market conditions are always 

subject to fluctuation and change, and it 

is incumbent upon all license holders to 

adjust to these changing conditions. 

Nonetheless, to allow additional time to 

adjust to changes in EU’s supply and 

demand, due to its long-term dairy 

policy changes, the Department will 

temporarily suspend the historical 

license reduction provisions for a period 

of 2 years, commencing in 2009. 

Historical license reductions will again 

be implemented beginning 2011, rather 

than in 2012 or 2014, as in the proposed 

rule.’’ 

As the circumstances that prompted 

the previous suspension continue, an 

additional temporary suspension is 

proposed to improve program 

administration and reflect ongoing 

changes in the markets for cheese and 

other dairy products subject to import 

licensing requirements. The historical 

licenses provide for orderly importation 

of a wide variety of cheeses and permit 

companies to invest in market 

development with some assurance of 

future ability to provide specific types 

of cheese. 

List of Subjects in 7 CFR Part 6 

Agricultural commodities, cheese, 

dairy products, imports, Reporting and 

recordkeeping requirements. 

For the reasons described in the 

preamble, 7 CFR part 6 is proposed to 

be amended as follows: 

PART 6—IMPORT QUOTAS AND FEES 

Subpart—Dairy Tariff—Rate Import 

Quota Licensing 

1. The authority citation of part 6 

subpart—Dairy Tariff—Rate Import 

Quota Licensing, continues to read as 

follows: 

Authority: Additional U.S. Notes 6, 7, 8, 

12, 14, 16–23 and 25 to Chapter 4 and 

General Note 15 of the Harmonized Tariff 

Schedule of the United States (19 U.S.C. 

1202), Pub. L. 97–258, 96 Stat. 1051, as 

amended (31 U.S.C. 9701), and secs. 103 and 

404, Pub. L. 103–465, 108 Stat. 4819 (19 

U.S.C. 3513 and 3601). 

2. Section 6.25 (b)(1) is revised to read 

as follows: 

§ 6.25 Allocation of licenses. 

* * * * * 

(b) Historical licenses for the 2011 

and subsequent quota years (Appendix 

1). (1) A person issued a historical 

license for the 2010 quota year will be 

issued a historical license in the same 

amount for the same article from the 

same country for the 2011 quota year 

and for each subsequent quota year 

except that: 

(i) Beginning with the quota year 

2016, a person who has surrendered 

more than 50 percent of such historical 

license in at least three of the prior five 

quota years will thereafter be issued a 

license in an amount equal to the 

average annual quantity entered during 

those five quota years. 

(ii) [Reserved] 

* * * * * 

Dated: October 5, 2010. 

Suzanne Hale, 

Administrator, Foreign Agricultural Service. 

[FR Doc. 2010–25651 Filed 10–12–10; 8:45 am] 

BILLING CODE 3410–10–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Doc. #AMS–NOP–10–0048; NOP–10–05] 

National Organic Program: Notice of 

Draft Guidance for Accredited 

Certifying Agents and Certified 

Operations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of availability with 

request for comments. 

SUMMARY: The National Organic 

Program (NOP) is announcing the 

availability of five draft guidance 

documents intended for use by 

accredited certifying agents and 

certified operations. The five draft 

guidance documents are entitled as 

follows: Compost and Vermicompost in 

Organic Crop Production (NOP 5021); 

Wild Crop Harvesting (NOP 5022); 

Outdoor Access for Organic Poultry 

(NOP 5024); Commingling and 

Contamination Prevention in Organic 

Production and Handling (NOP 5025); 

and The Use of Chlorine Materials in 

Organic Production and Handling (NOP 

5026). These draft guidance documents 

are intended to inform the public of 

NOP’s current thinking on these topics. 

The NOP is seeking comments on the 

five draft guidance documents. A notice 

of availability of final guidance on these 

topics will be issued upon their final 

approval. Once finalized, these 

guidance documents will be 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 

National Organic Program (NOP) 

regulations. The current edition of the 

Program Handbook is available online at 

http://www.ams.usda.gov/nop or in 

print upon request. 

DATES: To ensure that NOP considers 

your comment on this draft guidance 

before it begins work on the final 

version of the guidance, submit written 

comments on the draft guidance by 

December 13, 2010. 

ADDRESSES: Submit written requests for 

hard copies of these draft guidance 

documents to 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. See the 

SUPPLEMENTARY INFORMATION section for 

electronic access to the draft guidance 

documents. 

Interested persons may comment on 

these five draft guidance documents 

using the following procedures: 

Internet: http://www.regulations.gov. 

Mail: Comments may be submitted by 

mail to: 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. 

Written comments responding to this 

request should be identified with the 

document number AMS–NOP–10–0048; 

NOP–10–05. You should clearly 

indicate your position and the reasons 

for your position. You should clearly 

indicate which guidance document you 

are commenting on, especially if you 

choose to comment on more than one 

draft guidance document. If you are 

suggesting changes to a draft guidance 

document, you should include 

recommended language changes, as 

appropriate, along with any relevant 

supporting documentation. 

USDA intends to make available all 

comments, including names and 

addresses when provided, regardless of 

submission procedure used, on http:// 

www.regulations.gov and at USDA— 

AMS, NOP, Room 2646–South building, 

1400 Independence Ave., SW., 

Washington, DC, from 9 a.m. to noon 

and from 1 to 4 p.m., Monday through 

Friday (except official Federal holidays). 

Persons wanting to visit the USDA 

South building to view comments from 

the public to this notice are requested to 

make an appointment by calling (202) 

720–3252. 

FOR FURTHER INFORMATION CONTACT: Toni 

Strother, Agricultural Marketing 

Specialist, National Organic Program 

(NOP), (202) 720–3252, 

NOP.guidance@ams.usda.gov, or visit 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
62694 Federal Register / Vol. 75, No. 197 / Wednesday, October 13, 2010 / Proposed Rules 

the NOP Web site at: http:// 

www.ams.usda.gov/nop. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The five draft guidance documents 

announced through this notice were 

selected in response to the USDA Office 

of Inspector General’s (OIG) March 2010 

Audit Report 01601–03–Hy: Oversight 

of the National Organic Program. The 

OIG findings identified specific areas of 

the NOP regulations where OIG 

recommended guidance be issued to 

strengthen oversight by ACAs and 

improve consistency and overall 

administration of the NOP. The NOP 

specifically developed Commingling 

and Contamination Prevention in 

Organic Production and Handling (NOP 

5025) and Outdoor Access for Organic 

Poultry (NOP 5024) draft guidance in 

response to the OIG report. The OIG also 

identified the need for the NOP to act 

upon recommendations issued by the 

National Organic Standards Board 

(NOSB) from 2001 to 2010. The NOP 

developed The Use of Chlorine 

Materials in Organic Production and 

Handling (NOP 5026) and Compost and 

Vermicompost in Organic Crop 

Production (NOP 5021) in response to 

outstanding NOSB recommendations. 

The NOP also identified a need to 

develop guidance to address requests by 

ACAs and certified operations for 

clarifications on particular issues. Wild 

Crop Harvesting (NOP 5022) is an 

example of guidance being issued in 

response to these requests. 

II. Significance of Guidance 

These draft guidance documents are 

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. The draft guidance, when 

finalized, will represent the NOP’s 

current thinking on these topics. 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 that can reduce the burden of 

developing their own methods and 

simplify audits and inspections. 

Alternative approaches that can 

demonstrate compliance with the 

Organic Foods Production Act (OFPA), 

as amended (7 U.S.C. 6501–6522), and 

its implementing regulations are also 

acceptable. 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 

Act and its implementing regulations. 

III. Electronic Access 

Persons with access to Internet may 

obtain the draft guidance at either 

NOP’s Web site at http:// 

www.ams.usda.gov/nop or http:// 

www.regulations.gov. 

Dated: October 5, 2010. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–25730 Filed 10–12–10; 8:45 am] 

BILLING CODE 3410–02–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 37 

[NRC–2010–0194; RIN 3150–AI12] 

Implementation Guidance for Physical 

Protection of Byproduct Material 

Category 1 and Category 2 Quantities 

of Radioactive Material; Draft Guidance 

Document for Comment; Extension of 

Comment Period 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Extension of comment period. 

SUMMARY: On July 14, 2010, the U.S. 

Nuclear Regulatory Commission (NRC) 

noticed for public comment 

implementation guidance for a proposed 

rule to establish security requirements 

for the use and transport of Category 1 

and Category 2 quantities of radioactive 

material. The public comment period 

for this guidance was to have expired on 

November 12, 2010. The NRC received 

several requests to extend the comment 

period to January 15, 2011. Due to the 

size and complexity of the draft 

implementation guidance and the 

associated proposed rule, the NRC has 

decided to extend the comment period 

until January 18, 2011. 

DATES: The comment period has been 

extended and now expires on January 

18, 2011. Comments received after this 

date will be considered if it is practical 

to do so, but the NRC is able to ensure 

consideration only for comments 

received on or before this date. 

ADDRESSES: Please include Docket ID 

NRC–2010–0194 in the subject line of 

your comments. For instructions on 

accessing documents related to this 

action, see ‘‘Submitting Comments and 

Accessing Information’’ in the 

SUPPLEMENTARY INFORMATION section of 

this document. You may submit 

comments by any one of the following 

methods. 

Federal Rulemaking Web Site: Go to 

http://www.regulations.gov and search 

for documents filed under Docket ID 

NRC–2010–0194. Address questions 

about NRC dockets to Carol Gallagher, 

telephone 301–492–3668; e-mail 

Carol.Gallagher@nrc.gov. 

Mail comments to: Cindy Bladey, 

Chief, Rules, Announcements, and 

Directives Branch (RADB), Office of 

Administration, Mail Stop: TWB–05– 

B01M, U.S. Nuclear Regulatory 

Commission, Washington, DC 20555– 

0001. 

Fax comments to: RADB at (301) 492– 

3446. 

FOR FURTHER INFORMATION CONTACT: 

Merri Horn, Office of Federal and State 

Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: (301) 415– 

8126, e-mail: Merri.Horn@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Submitting Comments and Accessing 

Information 

Comments submitted in writing or in 

electronic form will be posted on the 

NRC Web site and on the Federal 

rulemaking Web site http:// 

www.regulations.gov. Because your 

comments will not be edited to remove 

any identifying or contact information, 

the NRC cautions you against including 

any information in your submission that 

you do not want to be publicly 

disclosed. The NRC requests that any 

party soliciting or aggregating comments 

received from other persons for 

submission to the NRC inform those 

persons that the NRC will not edit their 

comments to remove any identifying or 

contact information, and therefore, they 

should not include any information in 

their comments that they do not want 

publicly disclosed. 

You can access publicly available 

documents related to this document 

using the following methods: 

NRC’s Public Document Room (PDR): 

The public may examine and have 

copied for a fee publicly available 

documents at the NRC’s PDR, 

Room O–1F21, One White Flint North, 

11555 Rockville Pike, Rockville, 

Maryland. 

NRC’s Agencywide Documents Access 

and Management System (ADAMS): 

Publicly available documents created or 

received at the NRC are available 

electronically at the NRC’s Electronic 


jlentini on DSKJ8SOYB1PROD with PROPOSALS