13776 Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Rules and Regulations 

799). The rule was determined to be 

Categorically Excluded. Therefore, no 

environmental assessment or 

environmental impact statement will be 

completed for this final rule. 

Executive Order 12372 

Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs,’’ requires consultation with 

State, and local officials. The objectives 

of the Executive Order are to foster an 

intergovernmental partnership and a 

strengthened Federalism, by relying on 

State, and local processes for State, and 

local government coordination and 

review of proposed Federal Financial 

assistance and direct Federal 

development. For reasons set forth in 

the Notice to 7 CFR part 3015, subpart 

V (48 FR 29115, June 24, 1983), the 

programs and activities within this rule 

are excluded from the scope of 

Executive Order 12372. 

Executive Order 12988 

This rule has been reviewed in 

accordance with Executive Order 12988, 

‘‘Civil Justice Reform.’’ This rule is not 

retroactive and it does not preempt 

State, or local laws, regulations, or 

policies unless they present an 

irreconcilable conflict with this rule. 

Before any judicial action may be 

brought regarding the provisions of this 

rule the administrative appeal 

provisions of 7 CFR parts 11 and 780 

must be exhausted. 

Executive Order 13132 

This rule has been reviewed under 

Executive Order 13132, ‘‘Federalism.’’ 

The policies contained in this rule do 

not have any substantial direct effect on 

States, the relationship between the 

Federal government and the States, or 

the distribution of power and 

responsibilities among the various 

levels of government. Nor does this rule 

impose substantial direct compliance 

costs on State, and local governments. 

Therefore, consultation with the States 

is not required. 

Executive Order 13175 

This rule has been reviewed for 

compliance with Executive Order 

13175, ‘‘Consultation and Coordination 

with Indian Tribal Governments.’’ 

Executive Order 13175 imposes 

requirements on the development of 

regulatory policies that have Tribal 

implications or preempt Tribal laws. 

The policies contained in this rule do 

not preempt Tribal law. 

FSA has been working closely with 

the USDA Office of Tribal Relations to 

ensure that the rule meets the concerns 

of Tribal leaders and to develop a plan 

to improve the rule implementation 

with FSA staff. USDA will also respond 

in a timely and meaningful manner to 

all Tribal government requests for 

consultation concerning this rule and 

will provide additional venues, such as 

webinars and teleconferences, to 

periodically host collaborative 

conversations with Tribal leaders and 

their representatives concerning ways to 

implement this rule in Indian country. 

We received one comment on the 

interim rule, from a group representing 

Tribal farmers and ranchers. That 

comment is addressed above and noted 

that the local county committee and 

local FSA office should improve 

outreach efforts to Tribal members. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandate 

Reform Act of 1995 (UMRA, Pub. L. 

104–4) requires Federal agencies to 

assess the effects of their regulatory 

actions on State, local, or Tribal 

governments or the private sector. 

Agencies generally must prepare a 

written statement, including a cost 

benefit analysis, for proposed and final 

rules with Federal mandates that may 

result in expenditures of $100 million or 

more in any 1 year for State, local, or 

Tribal governments, in the aggregate, or 

to the private sector. UMRA generally 

requires agencies to consider 

alternatives and adopt the more cost 

effective or least burdensome alternative 

that achieves the objectives of the rule. 

This rule contains no Federal mandates 

under the regulatory provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA) for State, local, or 

Tribal governments, or the private 

sector. Therefore, this rule is not subject 

to the requirements of sections 202 and 

205 of UMRA. 

Paperwork Reduction Act 

Currently approved information 

collection activities are covered under 

OMB control number 0560–0229. This 

rule involves no change to the currently 

approved collection of information. 

E-Government Act Compliance 

FSA is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

List of Subjects for 7 CFR Part 7 

Agriculture. 

PART 7—SELECTION AND 

FUNCTIONS OF FARM SERVICE 

AGENCY STATE AND COUNTY 

COMMITTEES 

■ Accordingly, we are adopting as final, 

without change, the interim rule that 

amended 7 CFR part 7 and that was 

published at 77 FR 33063–33075 on 

June 5, 2012. 

Signed on December 4, 2012. 

Thomas J. Vilsack, 

Secretary of Agriculture. 

[FR Doc. 2013–04790 Filed 2–28–13; 8:45 am] 

BILLING CODE 3410–05–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Document Number AMS–NOP–11–0002; 

NOP–11–02] 

National Organic Program: Notice of 

Policies Addressing Kelp, Seeds and 

Planting Stock, Livestock Feed, and 

Responding to Pesticide Residue 

Testing 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of availability of final 

guidance. 

SUMMARY: The National Organic 

Program (NOP) is announcing the 

availability of three final guidance 

documents and one instruction 

document intended for use by certifying 

agents and certified operations. The 

final guidance and instruction 

documents are entitled as follows: ‘‘The 

Use of Kelp in Organic Livestock Feed 

(NOP 5027); Responding to Results from 

Pesticide Residue Testing (NOP 2613)’’; 

‘‘Seeds, Annual Seedlings, and Planting 

Stock in Organic Crop Production (NOP 

5029)’’; and ‘‘Evaluating Allowed 

Ingredients and Sources of Vitamins and 

Minerals for Organic Livestock Feed 

(NOP 5030)’’. These final guidance and 

instruction documents are intended to 

inform the public of NOP’s current 

thinking on these topics. 

DATES: The final guidance documents 

announced by this notice of availability 

are effective on March 4, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Melissa Bailey, Ph.D., Director, 

Standards Division, National Organic 

Program, USDA–AMS–NOP, 1400 

Independence Ave. SW., Room 2646– 

So., Ag Stop 0268, Washington, DC 

20250, Email: 

Melissa.bailey@ams.usda.gov; 

Telephone: (202) 720–3252; Fax: (202) 

205–7808. 


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Federal Register / Vol. 78, No. 41 / Friday, March 1, 2013 / Rules and Regulations 13777 

SUPPLEMENTARY INFORMATION:

I. Background 

On June 13, 2011, the National 

Organic Program (NOP) published in the 

Federal Register a notice of availability 

with request for public comment on four 

draft guidance documents (76 FR 

34180). The topics covered in the draft 

documents addressed recommendations 

issued by the National Organic 

Standards Board (NOSB) and the USDA 

Office of Inspector General (OIG) in a 

March 2010 audit report of the NOP. 

The four documents presented policies 

on the use of kelp in livestock feed 

products, procedures for certifying 

agents in response to results from 

pesticide residue testing, requirements 

for procurement and use of seed, 

seedlings and planting stock, and 

evaluation criteria for allowed 

ingredients and sources of vitamins and 

minerals in livestock feed. The four 

draft guidances can be viewed on the 

NOP Web site at http:// 

www.ams.usda.gov/NopDraftGuidance. 

The 60-day comment period closed on 

August 12, 2011. 

The NOP received approximately 50 

individual comments on the four draft 

guidance documents. Based upon the 

comments received, the NOP revised 

and is publishing the three draft 

guidance documents as final: ‘‘NOP 

5027—The Use of Kelp in Organic 

Livestock Feed; ‘‘NOP 5029—Seeds, 

Annual Seedlings, and Planting Stock in 

Organic Crop Production’’; and ‘‘NOP 

5030—Evaluating Allowed Ingredients 

and Sources of Vitamins and Minerals 

for Organic Livestock Feed’’. Each 

guidance document includes an 

appendix where the NOP provides a 

complete discussion of the comments 

received and the rationale behind any 

changes made to the guidance 

documents as well as any changes 

proposed, but not made to the guidance 

documents. 

The fourth draft guidance document, 

‘‘NOP 5028—Responding to Results 

from Pesticide Residue Testing,’’ has 

been revised and reissued under the 

same title as an instruction document, 

NOP 2613. Instruction documents set 

forth or clarify existing NOP procedures 

and provide information to certifying 

agents about conducting business 

related to certification and enforcement. 

In contrast, guidance documents 

provide or explain options and 

alternatives to satisfy regulatory 

requirements, set forth changes in 

interpretation of policy, or address 

unusually complex or highly 

controversial issues. Upon 

consideration of the objectives of the 

content in the final document, the NOP 

has issued NOP 2613 as an instruction 

document, rather than guidance, since 

the purpose is to explain to certifying 

agents how to respond to results from 

pesticide residue testing. Because this 

was issued as a draft guidance with 

request for comment, this instruction 

includes an appendix where the NOP 

provides a discussion of the comments 

received on the draft guidance and the 

rationale behind any changes made in 

the instruction as well as any changes 

proposed, but not made to the 

instruction. 

The three final guidance documents 

and one instruction document are 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 NOP regulations. 

The current edition of the Program 

Handbook is available online at http:// 

www.ams.usda.gov/ 

NopProgramHandbook. 

II. Significance of Guidance 

These final 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. Final 

guidance represents 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. 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 

Act and its implementing regulations. 

III. 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. Requests for hard copies of the 

guidance or instruction documents 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: February 26, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–04823 Filed 2–28–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 905 

[Doc. No. AMS–FV–11–0076; FV11–905–1 

FR] 

Oranges, Grapefruit, Tangerines, and 

Tangelos Grown in Florida; 

Redistricting and Reapportionment of 

Grower Members, and Changing the 

Qualifications for Grower Membership 

on the Citrus Administrative 

Committee 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule redefines 

districts, reapportions representation, 

and modifies the qualifications for 

membership on the Citrus 

Administrative Committee (Committee). 

The Committee is responsible for local 

administration of the Federal marketing 

order for oranges, grapefruit, tangerines, 

and tangelos grown in Florida (order). 

This final rule reduces the number of 

districts, reapportions representation 

among the districts, and allows up to 

four growers who are shippers or 

employees of a shipper to serve as 

grower members on the Committee. 

These changes adjust grower 

representation to reflect the composition 

of the industry, provide equitable 

representation from each district, and 

create the opportunity for more growers 

to serve on the Committee. 

DATES: Effective March 4, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Corey E. Elliott, Marketing Specialist, or 

Christian D. Nissen, Regional Director, 

Southeast Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (863) 324– 

3375, Fax: (863) 325–8793, or Email: 

Corey.Elliott@ams.usda.gov or 

Christian.Nissen@ams.usda.gov. 

Small businesses may request 

information on complying with this 


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