```

[Federal Register: February 25, 2011 (Volume 76, Number 38)]
[Proposed Rules]               
[Page 10527-10528]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe11-17]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Document Number AMS-NOP-11-0005; NOP-11-01]

 
Regulatory Flexibility Act: Section 610 Review of National 
Organic Program Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Review and request for comments.

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

SUMMARY: This document announces the Agricultural Marketing Service's 
(AMS) plans to review the National Organic Program (NOP) regulations (7 
CFR part 205). This review will be conducted under criteria contained 
in section 610 of the Regulatory Flexibility Act (RFA), as amended. The 
RFA provisions require that all Federal agencies review existing 
regulations that have a significant economic impact on a substantial 
number of small entities to determine whether the associated impact can 
be minimized.

DATES: Written comments must be received by April 26, 2011.

ADDRESSES: Interested persons may submit written comments on this 
review using the following addresses:
     Mail: Toni Strother, Agricultural Marketing Specialist, 
National Organic Program, USDA-AMS-NOP, 1400 Independence Ave., SW., 
Room 2646-So., Ag Stop 0268, Washington, DC 20250.
     Internet: http://www.regulations.gov.
    Written comments responding to this review should reference the 
document number (AMS-NOP-11-0005; NOP-11-01). It is our intention to 
have all comments concerning this review, including names and addresses 
when provided, whether submitted by mail or Internet available for 
viewing on the Regulations.gov (http://www.regulations.gov) Internet 
site. Comments submitted in response to this notice of review will also 
be available for viewing in person at USDA, AMS, National Organic 
Program, 1400 Independence Ave., SW., Room 2646-South Building, 
Washington, DC, from 9 a.m., to 12 noon and from 1 p.m. to 4 p.m., 
Monday through Friday (except official Federal holidays). Persons 
wanting to visit the USDA South Building to view comments received in 
response to this notice are requested to make an appointment in advance 
by calling (202) 720-3252.

FOR FURTHER INFORMATION CONTACT: Melissa Bailey, PhD, Director, 
Standards Division, National Organic Program, USDA-AMS-NOP, 1400 
Independence Ave., SW., Room 2646-So., Ag Stop 0268, Washington, DC 
20250-0268; telephone: (202) 720-3252; facsimile (202) 205-7808; or 
electronic mail: Melissa.Bailey@usda.gov.

SUPPLEMENTARY INFORMATION: The NOP is authorized by the Organic Foods 
Production Act (OFPA) of 1990, as amended (7 U.S.C. 6501-6522). The 
Agricultural Marketing Service (AMS) administers the NOP. Under the 
NOP, the AMS oversees national standards for the production, handling, 
and labeling of organically produced agricultural products. Final 
regulations implementing the National Organic Program (NOP) were 
published December 21, 2000 (65 FR 80548), and became effective on 
October 21, 2002.
    On March 24, 2006, AMS published in the Federal Register (71 FR 
14827), its schedule to review certain regulations, including the NOP 
regulations, under criteria contained in section 610 of the RFA (5 
U.S.C. 601-612). Because many AMS regulations impact small entities, 
AMS decided, as a matter of policy, to periodically review regulations, 
irrespective of whether specific regulations meet the threshold 
requirement for mandatory review established by the RFA. As a result, 
the Agency is now conducting this review of the NOP regulations.
    The purpose of the review is to determine whether the NOP 
regulations should be continued without change, amended, or rescinded, 
consistent with the objectives of applicable statutes, to minimize the 
impacts on small entities. In conducting this review, the AMS will 
consider the following factors: (1) The continued need for the 
regulations; (2) the nature of complaints or comments received from the 
public concerning the regulations; (3) the complexity of the 
regulations; (4) the extent to which the regulations overlap, 
duplicate, or conflict with other Federal rules, and, to the extent 
feasible, with State and local regulations; and (5) the length of time 
since the regulations have been evaluated or the degree to which 
technology, economic conditions, or

[[Page 10528]]

other factors have changed in the area affected by the regulations.
    Written comments, views, opinions, and other information regarding 
the impact of the NOP regulations on small businesses are invited.

    Dated: February 22, 2011.
Rayne Pegg,
Administrator, Agricultural Marketing Service.
[FR Doc. 2011-4257 Filed 2-24-11; 8:45 am]
BILLING CODE 3410-02-P
```