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[Federal Register: October 13, 2010 (Volume 75, Number 197)]
[Proposed Rules]               
[Page 62693-62694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13oc10-11]                         

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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National Organic Program: Notice of Draft Guidance for Accredited 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.

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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availability of five draft guidance documents intended for use by 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 The five draft 
guidance documents are entitled as follows: Compost and Vermicompost in 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 These draft guidance documents are intended to inform the 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comments on the five draft guidance documents.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DATES: To ensure that NOP considers your comment on this draft guidance 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written comments on the draft guidance by December 13, 2010.

ADDRESSES: Submit written requests for hard copies of these draft 
guidance documents to Toni Strother, Agricultural Marketing Specialist, 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

[[Page 62694]]

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
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