54660 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

Employee survey questions Employee response choices 

(10) Physical conditions (for example, noise level, temperature, lighting, 

cleanliness in the workplace) allow employees to perform their jobs 

well.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

Performance Culture 

(11) Promotions in my work unit are based on merit .............................. Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(12) In my work unit, steps are taken to deal with a poor performer who 

cannot or will not improve.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(13) Creativity and innovation are rewarded ............................................ Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(14) In my work unit, differences in performance are recognized in a 

meaningful way.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(15) My performance appraisal is a fair reflection of my performance Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(16) Discussions with my supervisor/team leader about my performance are worthwhile.Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(17) Managers/supervisors/team leaders work well with employees of 

different backgrounds.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

Leadership 

(18) I have a high level of respect for my organization’s senior leaders Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(19) In my organization, leaders generate high levels of motivation and 

commitment in the workforce.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(20) Managers review and evaluate the organization’s progress toward 

meeting its goals and objectives.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(21) Employees are protected from health and safety hazards on the 

job.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

(22) My organization has prepared employees for potential safety and 

security threats.

Strongly Agree, Agree, Neither Agree Nor Disagree, Disagree, Strongly 

Disagree, or Do Not Know. 

Job Satisfaction 

(23) How satisfied are you with your involvement in decisions that affect your work? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(24) How satisfied are you with the recognition you receive for doing a 

good job? 

Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(25) How satisfied are you with the policies and practices of your senior leaders? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(26) How satisfied are you with the training you receive for your 

present job? 

Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(27) Considering everything, how satisfied are you with your job? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

(28) Considering everything, how satisfied are you with your pay? Very Satisfied, Satisfied, Neither Satisfied Nor Dissatisfied, Dissatisfied, 

or Very Dissatisfied. 

§ 250.302 Availability of results. 

(a) Each agency will make the results 

of its annual survey available to the 

public and post the results on its Web 

site, unless the agency head determines 

that doing so would jeopardize or 

negatively impact national security. The 

posted survey results will include the 

following: 

(1) The agency’s evaluation of its 

survey results; 

(2) How the survey was conducted; 

(3) Description of the employee 

sample, unless all employees are 

surveyed; 

(4) The survey questions and response 

choices with the prescribed questions 

identified; 

(5) The number of employees 

surveyed and number of survey 

respondents; and 

(6) The number of respondents for 

each survey question and each response 

choice. 

(b) Data must be collected by 

December 31 of each calendar year. 

Each agency must post the beginning 

and ending dates of its employees 

survey and either the survey results 

described in paragraph (a) or a 

statement noting the decision not to 

post no later than 120 days after the 

agency completes survey 

administration. OPM may extend this 

date in unusual circumstances. 

(c) Each agency must submit its 

survey results to OPM no later than 120 

days after the agency completes survey 

administration. 

[FR Doc. 05–18374 Filed 9–15–05; 8:45 am] 

BILLING CODE 6325–39–M 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Docket Number TM–04–01] 

RIN 0581–AC35 

National Organic Program (NOP): 

Proposed Amendments to the National 

List of Allowed and Prohibited 

Substances (Crops and Processing) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

amend the U.S. Department of 

Agriculture’s (USDA) National List of 

Allowed and Prohibited Substances 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54661 

(National List) regulations to reflect 

recommendations submitted to the 

Secretary of Agriculture (Secretary) by 

the National Organic Standards Board 

(NOSB) from November 15, 2000, 

through March 3, 2005. Consistent with 

the recommendations from the NOSB, 

this proposed rule would add fifteen 

substances, along with any restrictive 

annotations, to the National List. This 

proposed rule would also amend the 

mailing address for where to file a 

Certification or Accreditation appeal. 

DATES: Comments must be received by 

November 15, 2005. 

ADDRESSES: Interested persons may 

comment on this proposed rule using 

the following procedures: 

• Mail: Comments may be submitted 

by mail to: Arthur Neal, Director of 

Program Administration, National 

Organic Program, USDA–AMS–TMP–

NOP, 1400 Independence Ave., SW., 

Room 4008–So., Ag Stop 0268, 

Washington, DC 20250. 

• E-mail: Comments may be 

submitted via the Internet to: 

National.List@usda.gov. 

• Internet: http:// 

www.regulations.gov. 

• Fax: Comments may be submitted 

by fax to: (202) 205–7808. 

• Written comments on this proposed 

rule should be identified with the 

docket number TMD–04–01. 

Commenters should identify the topic 

and section number of this proposed 

rule to which the comment refers. 

• Clearly indicate if you are for or 

against the proposed rule or some 

portion of it and your reason for it. 

Include recommended language changes 

as appropriate. 

• Include a copy of articles or other 

references that support your comments. 

Only relevant material should be 

submitted. 

It is our intention to have all 

comments to this proposed rule, 

whether submitted by mail, e-mail, or 

fax, available for viewing on the NOP 

homepage. Comments submitted in 

response to this proposed rule will be 

available for viewing in person at 

USDA–AMS, Transportation and 

Marketing, Room 4008-South Building, 

1400 Independence Ave., SW., 

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 

proposed rule are requested to make an 

appointment in advance by calling (202) 

720–3252. 

FOR FURTHER INFORMATION CONTACT: 

Arthur Neal, Director of Program 

Administration, Telephone: (202) 720–

3252; Fax: (202) 205–7808. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 21, 2000, the Secretary 

established, within the NOP [7 CFR part 

205], the National List regulations 

(§§ 205.600 through 205.607). The 

National List regulations identify 

synthetic substances and ingredients 

that are allowed and nonsynthetic 

(natural) substances and ingredients that 

are prohibited for use in organic 

production and handling. Under the 

authority of the Organic Foods 

Production Act of 1990 (OFPA), as 

amended, (7 U.S.C. 6501 et seq.), the 

National List can be amended by the 

Secretary based on proposed 

amendments developed by the NOSB. 

Since established, the National List has 

been amended twice, October 31, 2003 

(68 FR 61987), and November 3, 2003 

(68 FR 62215). 

This proposed rule would amend the 

National List to reflect 

recommendations submitted to the 

Secretary by the NOSB from November 

15, 2000, through March 3, 2005. 

Between the specified time period, the 

NOSB has recommended that the 

Secretary add four substances to 

§ 205.601 and eleven substances to 

§ 205.605 of the National List 

regulations. This proposed rule would 

also amend the mailing address for 

where to file a Certification or 

Accreditation appeal pursuant to 

§ 205.681(d). 

II. Overview of Proposed Amendments 

The following provides an overview 

of the proposed amendments to 

designated sections of the National List 

regulations: 

Section 205.601 Synthetic Substances 

Allowed for Use in Organic Crop 

Production 

This proposed rule would amend 

paragraph (m)(2) of § 205.601 of the 

regulations by adding the following 

substances: 

Glycerine oleate (Glycerol 

monooleate) (CAS #s 25496–72–4; 111–

03–5; 37220–82–9)—for use only until 

December 31, 2006. Glycerine oleate 

was petitioned to be used as an antifoaming agent (defoamer) in organic 

crop production. Glycerine oleate is a 

clear amber or pale yellow liquid that is 

insoluble in water, slightly soluble in 

cold alcohol, and soluble in hot alcohol, 

chloroform, ether, and petroleum ether. 

In crop production, Glycerin oleate 

would be used as an anti-foaming agent 

(defoamer) in micronized wettable 

Sulfur that is used to control scab and 

mildew in the production of apples, 

pears, grapes, and raisins. The function 

of Glycerine oleate in the micronized 

wettable Sulfur would be to enable the 

product to be mixed in a tank effectively 

and sprayed on crops evenly. 

Under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), the Environmental Protection 

Agency (EPA) has classified Glycerine 

oleate as a List 3 inert (Inerts of 

Unknown Toxicity). Under the Food 

and Drug Administration (FDA), 

Glycerin monooleate (a synonym for 

Glycerin oleate) has been classified as a 

substance that is Generally Recognized 

As Safe (GRAS) for food production (21 

CFR 184.1323). 

The NOSB, at its May 13–14, 2003, 

meeting in Austin, TX, recommended 

adding Glycerine oleate to § 205.601(m) 

(2) of the National List regulations. In 

this open meeting, the NOSB evaluated 

Glycerine oleate against the evaluation 

criteria of 7 U.S.C. 6517 and 6518 of the 

OFPA, received public comment, and 

concluded that the substance is 

consistent with the OFPA evaluation 

criteria; however, it recommended that 

Glycerine oleate be added to the 

National List regulations, for use in crop 

production, only until December 31, 

2006. 

The normal time period for the use of 

a substance under the NOP regulations 

is 5 years, beginning the date the 

substance appears in the National List 

regulations. The NOSB recommended 

the early expiration date of December 

31, 2006, because of the present efforts 

of the Environmental Protection Agency 

(EPA) to reclassify inerts on List 2 

(Potentially Toxic Inert Ingredients/ 

High Priority for Testing Inerts) and List 

3 (Inerts of Unknown Toxicity) to either 

List 1 (Inert Ingredients of Toxicological 

Concern) or List 4 (Inerts of Minimal 

Concern) by December 31, 2006. With 

respect to the use of EPA regulated inert 

ingredients in organic crop and 

livestock production, only substances 

included on EPA’s List 4 are 

categorically allowed on the National 

List (§ 205.601(m)(i)); all other EPA inert 

ingredients must be listed individually. 

Glycerine oleate is a List 3 inert; the 

NOSB anticipates that EPA will 

conclude its reclassification of 

Glycerine oleate to either a List 1 or List 

4 status by December 31, 2006. If 

Glycerine oleate is reclassified as a List 

1 inert, it will be prohibited for use as 

an inert ingredient for organic crop 

production. If Glycerin oleate is 

reclassified as a List 4 inert, then it will 

automatically continue to be allowed for 

use in organic crop production as an 

inert ingredient. In addition, if EPA 

does not complete its reclassification of 

54662 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

Glycerine oleate by December 31, 2006, 

the substance will be prohibited for use 

in organic crop production beginning on 

January 1, 2007. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

Glycerine oleate in organic crop 

production, the Secretary accepts the 

NOSB recommendation and proposes to 

amend § 205.601(m)(2) of the National 

List regulation as follows: 

Glycerine oleate (Glycerol 

monooleate) (CAS #s 25496–72–4; 111–

03–5; 37220–82–9)—for use only until 

December 31, 2006. 

Tetrahydrofurfuryl alcohol (CAS # 

97–99–4)—for use only until December 

31, 2006. Tetrahydrofurfuryl alcohol 

was petitioned for use as an inert 

pesticidal ingredient for use in organic 

crop production. Tetrahydrofurfuryl 

alcohol is a clear, colorless liquid that 

is used extensively in various industries 

as a high-purity, water miscible solvent, 

and as a chemical intermediate. If 

released to soil, Tetrahydrofurfuryl 

alcohol is expected to exhibit high 

solubility. 

Under FIFRA, the EPA has registered 

Tetrahydrofurfuryl alcohol as a List 3 

inert (Inerts of Unknown Toxicity). In 

addition, the FDA has classified 

Tetrahydrofurfuryl alcohol as a direct 

food additive in synthetic flavoring 

substances (21 CFR 172.515) and an 

indirect food additive in adhesives and 

the manufacture of paper and paper 

adjuvants (21 CFR 175.105 and 

176.210). 

The NOSB, at its May 13–14, 2003, 

meeting in Austin, TX, recommended 

adding Tetrahydrofurfuryl alcohol to 

§ 205.601(m)(2) of the National List 

regulations. In this open meeting, the 

NOSB evaluated Tetrahydrofurfuryl 

alcohol against the evaluation criteria of 

7 U.S.C. 6517 and 6518 of the OFPA, 

received public comment, and 

concluded that the substance is 

consistent with the OFPA evaluation 

criteria; however, it recommended that 

Tetrahydrofurfuryl alcohol be added to 

the National List regulations, for use in 

crop production, only until December 

31, 2006. 

The normal time period for the use of 

a substance under the NOP regulations 

is five years, beginning the date the 

substance appears in the National List 

regulations. The NOSB recommended 

the early expiration date of December 

31, 2006, because of the present efforts 

of the EPA to reclassify inerts on List 2 

(Potentially Toxic Inert Ingredients/ 

High Priority for Testing inerts) and List 

3 (Inerts of Unkown Toxicity) to either 

List 1 (Inert Ingredients of Toxicological 

Concern) or List 4 (Inerts of Minimal 

Concern) by December 31, 2006. With 

respect to the use of EPA regulated inert 

ingredients in organic crop and 

livestock production, only substances 

included on EPA’s List 4 are 

categorically allowed on the National 

List (§ 205.601(m)(i)); all other EPA inert 

ingredients must be listed individually. 

Tetrahydrofurfuryl alcohol is a List 3 

inert; the NOSB anticipates that EPA 

will conclude its reclassification of 

Tetrahydrofurfuryl alcohol to either a 

List 1 or List 4 status by December 31, 

2006. If Tetrahydrofurfuryl alcohol is 

reclassified as a List 1 inert, it will be 

prohibited for use as an inert ingredient 

for organic crop production. If 

Tetrahydrofurfuryl alcohol is 

reclassified as a List 4 inert, then it will 

automatically continue to be allowed for 

use in organic crop production as an 

inert ingredient. In addition, if EPA 

does not complete its reclassification of 

Tetrahydrofurfuryl alcohol by December 

31, 2006, the substance will be 

prohibited for use in organic crop 

production beginning on January 1, 

2007. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

Tetrahydrofurfurly alcohol in organic 

crop production, the Secretary accepts 

the NOSB recommendation and 

proposes to amend § 205.601(m)(2) of 

the National List regulation as follows: 

Tetrahydrofurfurly alcohol (CAS # 

97–99–4)—for use only until December 

31, 2006. 

Hydrogen chloride (CAS # 7647–01–

0)—for de-linting cotton seed for 

planting. Hydrogen chloride was 

petitioned for use as a synthetic to 

delint cotton seed for planting in 

organic crop production. Hydrogen 

chloride is a colorless to slightly yellow 

gas with a pungent, irritating odor. It is 

very soluble in water and readily 

soluble in alcohol and ether. Hydrogen 

chloride has been classified by the FDA 

as a substance that is GRAS when used 

as a buffer and neutralizing agent in 

accordance with good manufacturing or 

feeding practice (21 CFR 582.1057). In 

delinting cotton seeds intended for 

planting organic acreage, Hydrogen 

chloride is released into a delinting 

machine that contains linted cotton 

seeds. Seed is exposed to the Hydrogen 

chloride for about eight to ten minutes 

to weaken the lint and is then sent 

through buffers to remove the weakened 

lint from the seed. After delinting, a 

neutralizing agent (often Calcium 

carbonate) is used to prevent acid 

damage to the seed. 

The NOSB, at its April 28–30, 2004, 

meeting in Chicago, IL, recommended 

adding Hydrogen chloride to § 205.601 

of the National List regulations. In this 

open meeting, the NOSB evaluated 

Hydrogen chloride against the 

evaluation criteria of 7 U.S.C. 6517 and 

6518 of the OFPA, received public 

comment, and concluded that the 

substance is consistent with the OFPA 

evaluation criteria. Therefore, in 

response to the NOSB recommendation 

regarding the use of Hydrogen chloride 

in organic crop production, the 

Secretary accepts the NOSB 

recommendation and proposes to 

amend § 205.601 of the National List 

regulations by adding (1) a new 

paragraph (n), Seed preparations, and 

(2) Hydrogen chloride as follows: 

(n) Seed preparations. 

Hydrogen chloride (CAS # 7647–01–

0)—for de-linting cotton seed for 

planting. 

Ferric phosphate (CAS # 10045–86–

0). Ferric phosphate was petitioned for 

use as a pesticide (molluscicide) to bait 

slugs and snails in organic crop 

production. It is an odorless, yellowishwhite powder that is not very soluble in 

water. Ferric phosphate is normally 

applied to soil as part of a pellet that 

includes a wheat-based bait to attract 

snails and slugs. After the pellets are 

consumed, Ferric phosphate interferes 

with calcium metabolism in the 

digestive tract of the snails and slugs, 

causing them to stop eating. Shortly 

thereafter, the snails and slugs die. 

Under the FIFRA, the EPA has 

registered ferric phosphate as a 

biochemical molluscicide that targets a 

wide range of slugs and snails (63 FR 

43936). In assessing risks to human 

health, EPA has concluded that there 

are no known or expected adverse 

effects to humans from the use of ferric 

phosphate. In assessing risks to the 

environment, the EPA has concluded 

that there are no known or expected 

harmful effects of the use of Ferric 

phosphate on the environment if users 

follow the application rates and use 

directions on the label. In addition to 

the assessments of the EPA, the FDA has 

classified Ferric phosphate as a 

substance that is GRAS for food use (21 

CFR 184.1301). 

The NOSB, at its February 28–March 

3, 2005, meeting in Washington, DC, 

recommended adding Ferric phosphate 

to § 205.601(h) of the National List 

regulations without restriction. In this 

open meeting, the NOSB evaluated 

Ferric phosphate against the evaluation 

criteria of 7 U.S.C. 6517 and 6518 of the 

OFPA, received public comment, and 

concluded that the substance is 

consistent with the OFPA evaluation 

criteria. Therefore, in response to the 

NOSB recommendation regarding the 

use of Ferric phosphate in organic crop 

production, the Secretary accepts the 

NOSB recommendation and proposes to 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54663 

amend § 205.601(h) of the National List 

regulations as follows: 

Ferric phosphate (CAS # 10045–86–

0). 

Section 205.605 Nonagricultural 

(Nonorganic) Substances Allowed as 

Ingredients in or on Processed Products 

Labeled as ‘‘Organic’’ or ‘‘Made With 

Organic (Specified Ingredients or Food 

Group(s))’’ 

This proposed rule would amend 

§ 205.605 (a) of the regulations by 

adding the following substances: 

Egg white lysozyme (CAS # 9001–63–

2). Egg white lysozyme was petitioned 

for use as an enzyme in organic 

processing. It is a white powder with no 

distinct odor. It is readily soluble in 

water and practically insoluble in 

alcohol, chloroform, and ether. Egg 

white lysozyme is considered to be 

GRAS by the FDA for use as an 

antimicrobial agent in casings for 

frankfurters and on cooked meat and 

poultry products. Egg white lysozyme is 

used in casings for frankfurters at a 

concentration of 2.5 milligram (mg) 

lysozyme per pound (lb) of frankfurter 

(equivalent to 5.5 mg Lysozyme per 

kilogram (kg) of food) and in cooked 

meat and poultry products sold as 

ready-to-eat at a concentration of 2.0 mg 

of Lysozyme per lb of cooked meat or 

poultry product (equivalent to 4.4 mg of 

Lysozyme per kg of food). The FDA 

acknowledged in GRAS Notice No. 

(GRN) 000064 that it had no question, 

at the time of review, that Egg white 

lysozyme is GRAS under the intended 

conditions of use; provided, that the 

ingredient statement of food products 

that contain Egg white lysozyme contain 

the name ‘‘Egg white lysozyme’’ to 

identify the source of the protein. 

The NOSB, at its May 13–14, 2003, 

meeting in Austin, TX, recommended 

adding Egg white lysozyme to 

§ 205.605(a) of the National List 

regulations without restriction. In this 

open meeting, the NOSB evaluated Egg 

white lysozyme against the evaluation 

criteria of 7 U.S.C. 6517 and 6518 of the 

OFPA, received public comment, and 

concluded that the substance is 

consistent with the OFPA evaluation 

criteria. Therefore, in response to the 

NOSB recommendation regarding the 

use of Egg white lysozyme in organic 

handling, the Secretary accepts the 

NOSB recommendation and proposes to 

amend § 205.605(a) of the National List 

regulations as follows: 

Egg white lysozyme (CAS # 9001–63–

2). 

L-Malic acid (CAS # 97–67–6). DLMalic acid was originally petitioned for 

use as a synthetic processing aid in 

organic handling. It is a white or 

colorless powder with no odor. It is 

readily biodegradable in water and in 

soil. DL-Malic acid is considered to be 

GRAS by FDA (21 CFR 184.1069). It is 

a processing aid that is used in bottled 

iced tea, dry mix beverages, carbonated 

beverages, bakery products, fruit juices, 

candies, gelatins, desserts, frozen 

specialties, sports drinks, and other food 

products. 

The NOSB, at its May 13–14, 2003, 

meeting in Austin, TX, evaluated DLMalic acid in an open meeting, received 

public comment, and concluded that the 

substance was not consistent with the 

evaluation criteria of 7 U.S.C. 6517 and 

6518 of the OFPA. This determination 

was made because of an identified 

available natural alternative, L-Malic 

acid. As a result of having identified a 

natural alternative to DL-malic acid, the 

NOSB asked the petitioner whether LMalic acid, a natural, could be 

substituted for DL-Malic acid for 

inclusion on the National List. The 

petitioner concurred and the NOSB 

recommended L-Malic acid for 

inclusion in section 205.605(a) of the 

National List. Therefore, in response to 

the NOSB recommendation regarding 

the use of L-Malic acid in organic 

handling, the Secretary accepts the 

NOSB recommendation and proposes to 

amend § 205.605 (a) of the National List 

regulations as follows: 

L-Malic acid (CAS # 97–67–6). 

Microorganisms—any food grade 

bacteria, fungi, and other 

microorganisms. Seed mold, a 

microorganism, was petitioned for use 

as a processing aid in organic handling. 

Seed mold is used as a culture starter in 

food processing. In the evaluation of 

seed mold, the NOSB recognized that 

they had previously evaluated and 

determined other types of food-grade 

microorganisms (e.g., dairy cultures and 

yeast) and certain by-products derived 

from them (e.g., enzymes) to be 

consistent with OFPA criteria and the 

NOP regulations. These microorganisms 

are already included on the National 

List. 

The NOSB acknowledged that there 

are many species of food-grade 

microorganisms that are used in food 

processing that could be petitioned for 

use in organic handling. As a result, a 

decision was made by the NOSB to 

evaluate the categorical use of foodgrade microorganisms in organic 

handling and recommend their 

inclusion in section 205.605(a) of the 

National List. This decision would 

obviate the need for future review and 

evaluation of other individual food 

grade microorganisms that exhibit 

similar characteristics and functions as 

those already approved for use on the 

National List. 

At its May 13–14, 2003, meeting in 

Austin, TX, the NOSB recommended 

adding microorganisms to § 205.605(a) 

of the National List regulations without 

restriction. In this open meeting, the 

NOSB evaluated the categorical use of 

microorganisms in organic handling 

against 7 U.S.C. 6517 and 6518 of the 

OFPA, received public comment, and 

concluded that the use of 

microorganisms in organic handling is 

consistent with the evaluation criteria. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

microorganisms in organic handling, the 

Secretary accepts the NOSB 

recommendation and proposes to 

amend § 205.605(a) of the National List 

regulations as follows: 

Microorganisms—any food grade 

bacteria, fungi, and other 

microorganisms. 

This proposed rule would also amend 

§ 205.605(b) of the regulations by adding 

the following substances: 

Activated charcoal (CAS #s 7440–44–

0; 64365–11–3)—only from vegetative 

sources; for use only as a filtering aid in 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’ Activated 

charcoal was petitioned for use as a 

processing aid in organic handling. 

Activated charcoal is a solid, porous, 

black carbonaceous material that is used 

as a decolorizing agent, taste- and odorremoving agent, and purification agent 

in food processing. It is also used for the 

treatment of water, including potable 

water. Activated charcoal is 

acknowledged by FDA in 21 CFR 

173.25(b)(1)(ii) to be an allowed 

substance for use in ion exchange. It is 

also recognized as an indirect food 

additive in closures with sealing gaskets 

for food containers (21 CFR 177.1210). 

At its September 17–19, 2002, 

meeting in Austin, TX, the NOSB 

recommended adding activated charcoal 

to § 205.605(b) of the National List 

regulations for organic handling, with 

the restrictions that the substance: (1) 

Comes from vegetative sources only; 

and (2) only be used as a filtering aid. 

In this open meeting, the NOSB 

evaluated the use of activated charcoal 

against the evaluation criteria of 

§ 205.600(b) of the National List 

regulations, received public comment, 

and concluded that the use of activated 

charcoal in organic handling is 

consistent with the evaluation criteria. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

activated charcoal in organic handling, 

54664 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

the Secretary proposes to amend 

§ 205.605(b) of the National List 

regulations to allow activated charcoal 

as a synthetic ingredient in or on 

processed products labeled as ‘‘made 

with organic (specified ingredients or 

food group(s))’’ as follows: 

Activated charcoal (CAS #s 7440–44–

0; 64365–11–3)—only from vegetative 

sources; for use only as a filtering aid in 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

Ammonium hydroxide (CAS # 1336–

21–6)—for use only as a boiler water 

additive until October 21, 2005. 

Restricted to handling agricultural 

products labeled ‘‘made with organic 

(specified ingredients or food 

group(s));’’ prohibited in handling 

agricultural products labeled ‘‘organic.’’

Ammonium hydroxide was petitioned 

as a boiler water additive in organic 

handling. It is a colorless liquid with an 

intense odor. It is used in preventing the 

corrosion of boiler equipment used in 

food processing. Ammonium hydroxide 

is considered to be GRAS by FDA and 

allowed as a boiler water additive under 

21 CFR 184.1139. 

At its October 15–17, 2001, meeting in 

Washington, DC, the NOSB 

recommended adding Ammonium 

hydroxide to § 205.605(b) of the 

National List regulations, with the 

restriction that it can only be used in 

organic handling until October 21, 2005. 

In this open meeting, the NOSB 

evaluated the use of Ammonium 

hydroxide against the evaluation criteria 

of § 205.600(b) of the National List 

regulations, received public comment, 

and concluded that the use of 

Ammonium hydroxide in organic 

handling is consistent with the 

evaluation criteria. 

Although the NOSB determined 

Ammonium hydroxide to be consistent 

with the evaluation criteria of 

§ 205.600(b), it recommended an early 

expiration date of October 21, 2005, for 

the use of the substance, to encourage 

the organic processing industry to find 

an alternative substance to use in place 

of the Ammonium hydroxide. The 

normal time period for the use of a 

substance under the NOP regulations is 

5 years, beginning the date the 

substance appears in the National List 

regulations. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

Ammonium hydroxide in organic 

handling, the Secretary proposes to 

amend § 205.605(b) of the National List 

regulations to allow Ammonium 

hydroxide as a synthetic ingredient in or 

on processed products labeled as ‘‘made 

with organic (specified ingredients or 

food group(s))’’ as follows: 

Ammonium hydroxide (CAS # 1336–

21–6)—for use only as a boiler water 

additive until October 21, 2005. 

Restricted to handling agricultural 

products labeled ‘‘made with organic 

(specified ingredients or food 

group(s));’’ prohibited in handling 

agricultural products labeled ‘‘organic.’’

Cyclohexylamine (CAS # 108–91–8)—

for use only as a boiler water additive 

for packaging sterilization. Restricted to 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

Cyclohexylamine was petitioned as a 

boiler water additive in organic 

handling. Cyclohexylamine is a 

colorless to yellow liquid that has a 

strong, fishy odor. It is miscible with 

water and with common organic 

solvents. It is used to prevent the 

corrosion of boiler equipment used in 

food processing. Cyclohexylamine is 

approved for use as a secondary direct 

food additive and boiler water additive 

by FDA under 21 CFR 173.310. 

At its October 15–17, 2001, meeting in 

Washington, DC, the NOSB 

recommended adding Cyclohexlamine 

to § 205.605(b) of the National List 

regulations for organic handling, with 

the restriction that it be used as a boiler 

water additive for packaging 

sterilization only. In this open meeting, 

the NOSB evaluated the use of 

Cyclohexlamine against the evaluation 

criteria of § 205.600(b) of the National 

List regulations, received public 

comment, and concluded that the use of 

Cyclohexlamine in organic handling is 

consistent with the evaluation criteria. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

Cyclohexlamine in organic handling, 

the Secretary proposes to amend 

§ 205.605(b) of the National List 

regulations to allow Cyclohexlamine as 

a synthetic ingredient in or on 

processed products labeled as ‘‘made 

with organic (specified ingredients or 

food group(s))’’ as follows: 

Cyclohexylamine (CAS # 108–91–8)—

for use only as a boiler water additive 

for packaging sterilization. Restricted to 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

Diethylaminoethanol (CAS # 100–37–

8)—for use only as a boiler water 

additive for packaging sterilization; 

restricted to handling agricultural 

products labeled ‘‘made with organic 

(specified ingredients or food 

group(s));’’ prohibited for use in 

handling agricultural products labeled 

‘‘organic.’’ Diethlaminoethanol was 

petitioned as a boiler water additive in 

organic handling. Diethylaminoethanol 

is a colorless liquid with a weak 

ammonia odor. It is hygroscopic soluble 

in water, alcohol, Acetone, Benzene, 

and Petroleum ether. 

Diethlaminoethanol inhibits corrosion 

in boiler chemical systems in return 

lines, by neutralizing Carbonic acid in 

steam and steam condensates, and by 

scavenging free Oxygen. It is used in 

conjunction with Cyclohexylamine, 

Morpholine, and Octadecylamine. 

Diethylaminoethanol is approved for 

use as a secondary direct food additive 

and boiler water additive by FDA under 

21 CFR 173.310. 

At its May 6–8, 2002, meeting in 

Austin, TX, the NOSB recommended 

adding Diethylaminoethanol to 

§ 205.605(b) of the National List 

regulations for organic handling, with 

the restriction that it be used as a boiler 

water additive for packaging 

sterilization only. In this open meeting, 

the NOSB evaluated the use of 

Diethylaminoethanol against the 

evaluation criteria of § 205.600(b) of the 

National List regulations, received 

public comment, and concluded that the 

use of Diethylaminoethanol in organic 

handling is consistent with the 

evaluation criteria. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

Diethylaminoethanol in organic 

handling, the Secretary proposes to 

amend § 205.605(b) of the National List 

regulations to allow 

Diethylaminoethanol as a synthetic 

ingredient in or on processed products 

labeled as ‘‘made with organic 

(specified ingredients or food group(s))’’

as follows: 

Diethylaminoethanol (CAS # 100–37–

8)—for use only as a boiler water 

additive for packaging sterilization. 

Restricted to handling agricultural 

products labeled ‘‘made with organic 

(specified ingredients or food 

group(s));’’ prohibited for use in 

handling agricultural products labeled 

‘‘organic.’’

Octadecylamine (CAS # 124–30–1)—

for use only as a boiler water additive 

for packaging sterilization. Restricted to 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited for use in handling 

agricultural products labeled ‘‘organic.’’

Octadecylamine was petitioned for use 

as a boiler water additive to prevent 

corrosion of boiler equipment and 

distribution lines. Octadecylamine is an 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54665 

opaque, off-white liquid with 

ammoniacal odor, insoluble in water but 

soluble in alcohol, Ether, Benzene; very 

soluble in Chloroform; and miscible in 

Acetone. Octadecylamine is approved 

for use as a secondary direct food 

additive and boiler water additive by 

FDA under 21 CFR 173.310. 

At its October 15–17, 2001, meeting in 

Washington, DC, the NOSB 

recommended adding Octadecylamine 

to § 205.605(b) of the National List 

regulations for organic handling, with 

the restriction that it be used as a boiler 

water additive for packaging 

sterilization only. In this open meeting, 

the NOSB evaluated the use of 

Octadecylamine against the evaluation 

criteria of § 205.600(b) of the National 

List regulations, received public 

comment, and concluded that the use of 

Octadecylamine in organic handling is 

consistent with the evaluation criteria. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

Octadecylamine in organic handling, 

the Secretary proposes to amend 

§ 205.605(b) of the National List 

regulations to allow Octadecylamine as 

a synthetic ingredient in or on 

processed products labeled as ‘‘made 

with organic (specified ingredients or 

food group(s))’’ as follows: 

Octadecylamine (CAS # 124–30–1)—

for use only as a boiler water additive 

for packaging sterilization. Restricted to 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited for use in handling 

agricultural products labeled ‘‘organic.’’

Peracetic acid/Peroxyacetic acid (CAS 

# 79–21–0)—for use in wash and/or 

rinse water according to FDA 

limitations. For use as a sanitizer on 

food contact surfaces. Restricted to use 

in handling agricultural products 

labeled ‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in agricultural products 

labeled ‘‘organic.’’ Peracetic acid was 

petitioned as an anti-microbial water 

treatment additive and/or as an 

equipment sanitizer or disinfectant. Its 

most common use in food processing 

and handling is as a sanitizer for food 

contact surfaces and as a disinfectant for 

fruits, vegetables, meats, and eggs. Other 

uses of Peracetic acid include removing 

deposits, suppressing odor, and 

stripping biofilms from food contact 

surfaces. Peracetic acid is a clear 

colorless liquid with no foaming 

capability, and has a strong pungent 

odor. It is approved by FDA as a 

secondary direct food additive used in 

the washing or peeling of fruits and 

vegetables (21 CFR 173.315). It is also 

approved for use as an indirect food 

additive, sanitizer, under 21 CFR 

178.1010. 

At its November 15–17, 2000, meeting 

in Washington, DC, the NOSB 

recommended adding Peracetic acid to 

§ 205.605(b) of the National List 

regulations for organic handling, with 

the restrictions that it be allowed: (1) 

For direct food contact only in wash 

and/or rinse water; and (2) as a sanitizer 

on surfaces in contact with organic food. 

In this open meeting, the NOSB 

evaluated the use of Peracetic acid 

against the evaluation criteria of 

§ 205.600(b) of the National List 

regulations, received public comment, 

and concluded that the use of Peracetic 

acid in organic handling is consistent 

with the evaluation criteria. 

In accepting the NOSB 

recommendation to allow Peracetic acid 

in organic handling, this proposed rule 

proposes language for including 

Peracetic acid on the National List that 

differs from the original NOSB 

recommendation. The original wording 

of the NOSB recommendation submitted 

to the Secretary was as follows: 

‘‘Peracetic acid—for direct food contact 

only in wash and/or rinse water, as a 

sanitizer on surfaces in contact with 

organic food.’’ The NOP did not elect to 

use that language because of the 

confusion the language could cause 

when referencing the use of Peracetic 

acid (Peroxyacetic acid) against FDA 

regulations. 

For instance, the recommended NOSB 

language references ‘‘Peracetic acid’’ as 

the common name of the substance, but 

FDA regulations reference ‘‘Peroxyacetic 

acid,’’ in 21 CFR 173.315, for the 

washing or peeling of fruits and 

vegetables. Also, FDA regulations 

restrict the use of Peracetic acid/ 

Peroxyacetic acid on fruits and 

vegetables that are not raw agricultural 

commodities. Based on this information, 

the NOP determined that the original 

NOSB recommendation could cause 

handlers that use Peracetic acid/ 

Peroxyacetic acid to believe that the 

substance could be used on all 

agricultural products. As a result, this 

proposed rule attempts to limit 

confusion regarding the proposed use of 

Peracetic acid/Peroxyacetic acid in the 

handling of ‘‘made with * * *’’

products by including language that 

acknowledges the FDA use limitations. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

Peracetic acid/Peroxyacetic acid in 

organic handling, the Secretary 

proposes to amend § 205.605(b) of the 

National List regulations to allow 

Peracetic acid/Peroxyacetic acid as a 

synthetic ingredient in or on processed 

products labeled as ‘‘made with organic 

(specified ingredients or food group(s))’’

as follows: 

Peracetic acid/Peroxyacetic acid (CAS 

# 79–21–0)—for use in wash and/or 

rinse water according to FDA 

limitations. For use as a sanitizer on 

food contact surfaces. Restricted to use 

in handling agricultural products 

labeled ‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

Sodium acid pyrophosphate (CAS # 

7758–16–9)—for use only as a leavening 

agent in agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’ Sodium 

acid pyrophosphate was petitioned for 

use as a leavening agent in baked goods. 

It helps to control the release of Carbon 

dioxide that leavens baked goods. It can 

be either anhydrous or contain one or 

more molecules of water of hydration. 

The anhydrous forms are white, 

crystalline powders or granules. The 

hydrated forms occur as white or 

transparent crystals or granules. When 

used in accordance with good 

manufacturing practices, Sodium acid 

pyrophosphate is considered to be 

GRAS by FDA under 21 CFR 182.1087. 

At its May 13–14, 2003, meeting in 

Austin, TX, the NOSB recommended 

adding Sodium acid pyrophosphate to 

§ 205.605(b) of the National List 

regulations for organic handling, with 

the restriction that it only be used as a 

leavening agent. In this open meeting, 

the NOSB evaluated Sodium acid 

pyrophosphate against the evaluation 

criteria of § 205.600(b) of the National 

List regulations, received public 

comment, and concluded that the use of 

Sodium acid pyrophosphate in organic 

handling is consistent with the 

evaluation criteria. 

Therefore, in response to the NOSB 

recommendation regarding the use of 

Sodium acid pyrophosphate in organic 

handling, the Secretary proposes to 

amend § 205.605(b) of the National List 

regulations to allow Sodium acid 

pyrophosphate as a synthetic ingredient 

in or on processed products labeled as 

‘‘made with organic (specified 

ingredients or food group(s))’’ as 

follows: 

Sodium acid pyrophosphate (CAS # 

7758–16–9)—for use only as a leavening 

agent in agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

Tetrasodium pyrophosphate (CAS # 

7722–88–5)—for use only in meat 

analog products labeled ‘‘made with 

54666 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

organic (specified ingredients or food 

group(s));’’ prohibited in handling 

agricultural products labeled ‘‘organic.’’

In a proposed rule, published May 22, 

2003 (68 FR 27941), § 205.605(b) of the 

regulations was proposed to be 

amended by adding Tetrasodium 

pyrophosphate to be used only in 

textured meat analog products. In 

response to the proposal to add 

Tetrasodium pyrophospate on the 

National List regulations, we received 

six public comments, three in favor of 

and three opposed to its inclusion. 

Regarding the comments that opposed 

the inclusion of Tetrasodium 

pyrophosphate on the National List 

regulations, commenters expressed 

concern that the recommended 

annotation was vague, confusing, 

undefined and needed clarification. 

They stated that the primary use of 

Tetrasodium pyrophosphate, as 

proposed, appeared to be to create 

texture that is similar to a meat product. 

They also asserted that such a use 

would be in direct conflict with the 

criterion in § 205.600(b)(4) of the 

regulations that emphasizes ‘‘the 

substance’s primary use is not as a 

preservative or to recreate or improve 

flavors, colors, textures, or nutritive 

value lost during processing, except 

where the replacement of nutrients is 

required by law.’’

Due to the merit of those comments, 

on March 3, 2003 (68 FR 62215), we did 

not add Tetrasodium pyrophosphate on 

the National List and referred the 

substance back to the NOSB for further 

deliberation as to whether the proposed 

use of Tetrasodium pyrophosphate 

conflicts with § 205.600 (b)(4) of the 

NOP regulations. Through further 

review and deliberation at their April 

2004 meeting in Chicago, IL, the NOSB 

determined that the proposed use of 

Tetrasodium pyrophosphate did not 

conflict with § 205.600 (b)(4) of the NOP 

regulations. In response to the concerns 

of the commenters, the NOSB provided 

that the primary use of Tetrasodium 

pyrophosphate, as petitioned, is not to 

serve as a preservative, or to ‘‘recreate’’

flavor, color or texture. They 

acknowledged that the substance may 

be used to create texture; however, it is 

not being used to ‘‘recreate’’ texture, as 

is referenced in § 205.600 (b)(4) of the 

regulations. Rather, it is being proposed 

to add Tetrasodium pyrophosphate to 

§ 205.605(b) of the National List 

regulations as follows: 

Tetrasodium pyrophosphate (CAS # 

7722–88–5)—for use only in meat 

analog products labeled ‘‘made with 

organic (specified ingredients or food 

group(s));’’ prohibited in handling 

agricultural products labeled ‘‘organic.’’

Section 205.681 Appeals 

This proposed rule would amend 

§ 205.681(d)(1) of the regulations by 

updating the mailing address for where 

to file a Certification or Accreditation 

appeal as follows: 

Administrator, USDA, AMS, c/o NOP 

Appeals Staff, Stop 0203, Room 3529–

S, 1400 Independence Avenue, SW., 

Washington, DC 20250–0203. 

III. Related Documents 

Seven notices were published 

regarding the meetings of the NOSB and 

its deliberations on recommendations 

and substances petitioned for amending 

the National List. Substances and 

recommendations included in this 

proposed rule were announced for 

NOSB deliberation in the following 

Federal Register Notices: (1) 65 FR 

64657, October 30, 2000, (Peracetic 

acid); (2) 66 FR 48654, September 21, 

2001, (Ammonium hydroxide, 

Cyclohexlamine, and Octadecylamine); 

(3) 67 FR 19375, April 19, 2002, 

(Diethylaminoethanol); (4) 67 FR 54784, 

August 26, 2002, (Activated charcoal); 

(5) 68 FR 23277, May 1, 2003, (Egg 

white lysozyme, Glycerine oleate, 

L-Malic acid, Microorganisms, Sodium 

acid pyrophosphate and 

Tetrahydrofurfuryl alcohol); (6) 69 FR 

18036, April 6, 2004, (Hydrogen 

Chloride, and Tetrasodium 

pyrophosphate); and (7) 70 FR 7224, 

February 11, 2005, (Ferric phosphate). 

IV. Statutory and Regulatory Authority 

The OFPA, as amended (7 U.S.C. 6501 

et seq.), authorizes the Secretary to 

make amendments to the National List 

based on proposed amendments 

developed by the NOSB. Sections 

6518(k)(2) and 6518(n) of OFPA 

authorizes the NOSB to develop 

proposed amendments to the National 

List for submission to the Secretary and 

establishes a petition process by which 

persons may petition the NOSB for the 

purpose of having substances evaluated 

for inclusion on or deletion from the 

National List, respectively. The National 

List petition process is implemented 

under § 205.607 of the NOP regulations. 

The current petition process (65 FR 

43259) can be accessed through the NOP 

Web site at http://www.ams.usda.gov/ 

nop. 

A. Executive Order 12866 

This action has been determined to be 

non-significant for purposes of 

Executive Order 12866, and therefore, 

has not been reviewed by the Office of 

Management and Budget. 

B. Executive Order 12988 

Executive Order 12988 instructs each 

executive agency to adhere to certain 

requirements in the development of new 

and revised regulations in order to avoid 

unduly burdening the court system. 

This proposed rule is not intended to 

have a retroactive effect. 

States and local jurisdictions are 

preempted under section 2115 of the 

OFPA (7 U.S.C. 6514) from creating 

programs of accreditation for private 

persons or State officials who want to 

become certifying agents of organic 

farms or handling operations. A 

governing State official would have to 

apply to USDA to be accredited as a 

certifying agent, as described in section 

2115(b) of the OFPA (7 U.S.C. 6514(b)). 

States are also preempted under 

sections 2104 through 2108 of the OFPA 

(7 U.S.C. 6503 through 6507) from 

creating certification programs to certify 

organic farms or handling operations 

unless the State programs have been 

submitted to, and approved by, the 

Secretary as meeting the requirements of 

the OFPA. 

Pursuant to section 2108(b)(2) of the 

OFPA (7 U.S.C. 6507(b)(2)), a State 

organic certification program may 

contain additional requirements for the 

production and handling of organically 

produced agricultural products that are 

produced in the State and for the 

certification of organic farm and 

handling operations located within the 

State under certain circumstances. Such 

additional requirements must: (a) 

Further the purposes of the OFPA, (b) 

not be inconsistent with the OFPA, (c) 

not be discriminatory toward 

agricultural commodities organically 

produced in other States, and (d) not be 

effective until approved by the 

Secretary. 

Pursuant to section 2120(f) of the 

OFPA (7 U.S.C. 6519 (f)), this proposed 

rule would not alter the authority of the 

Secretary under the Federal Meat 

Inspection Act (21 U.S.C. 601 et seq.), 

the Poultry Products Inspections Act (21 

U.S.C. 451 et seq.), or the Egg Products 

Inspection Act (21 U.S.C. 1031 et seq.), 

concerning meat, poultry, and egg 

products, nor any of the authorities of 

the Secretary of Health and Human 

Services under the Federal Food, Drug 

and Cosmetic Act (21 U.S.C. 301 et 

seq.), nor the authority of the 

Administrator of the Environmental 

Protection Agency (EPA) under the 

Federal Insecticide, Fungicide and 

Rodenticide Act (7 U.S.C. 136 et seq.). 

Section 2121 of the OFPA (7 U.S.C. 

6520) provides for the Secretary to 

establish an expedited administrative 

appeals procedure under which persons 

Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54667 

may appeal an action of the Secretary, 

the applicable governing State official, 

or a certifying agent under this title that 

adversely affects such person or is 

inconsistent with the organic 

certification program established under 

this title. The OFPA also provides that 

the U.S. District Court for the district in 

which a person is located has 

jurisdiction to review the Secretary’s 

decision. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) requires agencies 

to consider the economic impact of each 

rule on small entities and evaluate 

alternatives that would accomplish the 

objectives of the rule without unduly 

burdening small entities or erecting 

barriers that would restrict their ability 

to compete in the market. The purpose 

is to fit regulatory actions to the scale of 

businesses subject to the action. Section 

605 of the RFA allows an agency to 

certify a rule, in lieu of preparing an 

analysis, if the rulemaking is not 

expected to have a significant economic 

impact on a substantial number of small 

entities. 

Pursuant to the requirements set forth 

in the RFA, the Agricultural Marketing 

Service (AMS) performed an economic 

impact analysis on small entities in the 

final rule published in the Federal 

Register on December 21, 2000 (65 FR 

80548). The AMS has also considered 

the economic impact of this action on 

small entities. The impact on entities 

affected by this proposed rule would not 

be significant. The effect of this 

proposed rule would be to allow the use 

of additional substances in agricultural 

production and handling. This action 

would relax the regulations published 

in the final rule and would provide 

small entities with more tools to use in 

day-to-day operations. The AMS 

concludes that the economic impact of 

this addition of allowed substances, if 

any, would be minimal and entirely 

beneficial to small agricultural service 

firms. Accordingly, USDA certifies that 

this rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Small agricultural service firms, 

which include producers, handlers, and 

accredited certifying agents, have been 

defined by the Small Business 

Administration (SBA) (13 CFR 121.201) 

as those having annual receipts of less 

than $6,000,000 and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

This proposed rule would have an 

impact on a substantial number of small 

entities. 

The U.S. organic industry at the end 

of 2001 included nearly 6,600 certified 

crop and livestock operations, including 

organic production and handling 

operations, producers, and handlers. 

These operations reported certified 

acreage totaling more than 2.34 million 

acres, 72,209 certified livestock, and 

5.01 million certified poultry. Data on 

the numbers of certified handling 

operations are not yet available, but 

likely number in the thousands, as they 

would include any operation that 

transforms raw product into processed 

products using organic ingredients. 

Growth in the U.S. organic industry has 

been significant at all levels. From 1997 

to 2001, the total organic acreage grew 

by 74 percent; livestock numbers 

certified organic grew by almost 300 

percent over the same period, and 

poultry certified organic increased by 

2,118 percent over this time. Sales 

growth of organic products has been 

equally significant, growing on average 

around 20 percent per year. Sales of 

organic products were approximately $1 

billion in 1993, but reached $15 billion 

in 2004. In addition, USDA has 

accredited 97 certifying agents who 

have applied to USDA to be accredited 

in order to provide certification services 

to producers and handlers. A complete 

list of names and addresses of 

accredited certifying agents may be 

found on the AMS NOP Web site, at 

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

believes that most of these entities 

would be considered small entities 

under the criteria established by the 

SBA. 

D. Paperwork Reduction Act 

Pursuant to the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501, et seq., the 

existing information collection 

requirements for the NOP are approved 

under OMB number 0581–0191. No 

additional collection or recordkeeping 

requirements are imposed on the public 

by this proposed rule. Accordingly, 

OMB clearance is not required by 

section 350(h) of the Paperwork 

Reduction Act, or OMB’s implementing 

regulation at 5 CFR part 1320. 

E. General Notice of Public Rulemaking 

This proposed rule reflects 

recommendations submitted to the 

Secretary by the NOSB and includes an 

amendment to the mailing address for 

where to file a Certification or 

Accreditation Appeal. The seven 

substances proposed to be added to the 

National List were based on petitions 

from the industry. The NOSB evaluated 

each petition using criteria in the OFPA. 

Because these substances are critical to 

organic production and handling 

operations, producers and handlers 

should be able to use them in their 

operations as soon as possible. A 60-day 

period for interested persons to 

comment on this rule is provided. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agriculture, Animals, 

Archives and records, Imports, Labeling, 

Organically produced products, Plants, 

Reporting and recordkeeping 

requirements, Seals and insignia, Soil 

conservation. 

For the reasons set forth in the 

preamble, 7 CFR part 205, Subpart G is 

proposed to be amended as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

2. Section 205.601 is amended by: 

a. Revising paragraph (h). 

b. Revising paragraph (m)(2). 

c. Adding a new paragraph (n). 

d. Reserving paragraphs (o)–(z). 

The revisions and additions read as 

follows: 

§ 205.601 Synthetic substance allowed for 

use in organic crop production. 

* * * * * 

(h) As slug or snail bait. Ferric 

phosphate (CAS # 10045–86–0). 

* * * * * 

(m) * * * 

(2) EPA List 3—Inerts of Unknown 

Toxicity allowed: 

(i) Glycerine Oleate (Glycerol 

monooleate) (CAS #s 25496–72–4; 111–

03–5; 37220–82–9)—for use only until 

December 31, 2006. 

(ii) Inerts used in passive pheromone 

dispensers. 

(iii) Tetrahydrofurfuryl alcohol (CAS 

# 97–99–4)—for use only until 

December 31, 2006. 

(n) Seed preparations. Hydrogen 

chloride (CAS # 7647–01–0)—for 

delinting cotton seed for planting. 

* * * * * 

3. Section 205.605 is amended by: 

a. Adding three materials to paragraph 

(a). 

b. Adding 8 new substances to 

paragraph (b). 

The additions read as follows: 

§ 205.605 Nonagricultural (nonorganic) 

substances allowed as ingredients in or on 

processed products labeled as ‘‘organic’’ or 

‘‘made with organic (specified ingredients 

or food group(s)).’’

* * * * * 

(a) * * * 

* * * * * 

54668 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

Egg white lysozyme (CAS # 9001–63–

2) 

* * * * * 

L-Malic acid (CAS # 97–67–6). 

* * * * * 

Microorganisms—any food grade 

bacteria, fungi, and other 

microorganism. 

* * * * * 

(b) * * * 

Activated charcoal (CAS #s 7440–44–

0; 64365–11–3)—only from vegetative 

sources; for use only as a filtering aid in 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

* * * * * 

Ammonium hydroxide (CAS # 1336–

21–6)—for use only as a boiler water 

additive until October 21, 2005. 

Restricted to handling agricultural 

products labeled ‘‘made with organic 

(specified ingredients or food 

group(s));’’ prohibited in handling 

agricultural products labeled ‘‘organic.’’

* * * * * 

Cyclohexylamine (CAS # 108–91–8)—

for use only as a boiler water additive 

for packaging sterilization. Restricted to 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

Diethylaminoethanol (CAS # 100–37–

8)—for use only as a boiler water 

additive for packaging sterilization. 

Restricted to handling agricultural 

products labeled ‘‘made with organic 

(specified ingredients or food 

group(s));’’ prohibited for use in 

handling agricultural products labeled 

‘‘organic.’’

* * * * * 

Octadecylamine (CAS # 124–30–1)—

for use only as a boiler water additive 

for packaging sterilization. Restricted to 

handling agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited for use in handling 

agricultural products labeled ‘‘organic.’’

* * * * * 

Peracetic acid/Peroxyacetic acid (CAS 

# 79–21–0)—for use in wash and/or 

rinse water according to FDA 

limitations. For use as a sanitizer on 

food contact surfaces. Restricted to use 

in handling agricultural products 

labeled ‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

* * * * * 

Sodium acid pyrophosphate (CAS # 

7758–16–9)—for use only as a leavening 

agent in agricultural products labeled 

‘‘made with organic (specified 

ingredients or food group(s));’’

prohibited in handling agricultural 

products labeled ‘‘organic.’’

* * * * * 

Tetrasodium pyrophosphate (CAS # 

7722–88–5)—for use only in meat 

analog products labeled ‘‘made with 

organic (specified ingredients or food 

group(s));’’ prohibited in handling 

agricultural products labeled ‘‘organic.’’

* * * * * 

4. In § 205.681, paragraph (d)(1) is 

revised to read as follows: 

§ 205.681 Appeals. 

* * * * * 

(d) * * * (1) Appeals to the 

Administrator must be filed in writing 

and addressed to: Administrator, USDA, 

AMS, c/o NOP Appeals Staff, Stop 0203, 

Room 3529–S, 1400 Independence 

Avenue, SW., Washington, DC 20250–

0203 

* * * * * 

Dated: September 12, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–18381 Filed 9–15–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22423; Directorate 

Identifier 2005–NM–068–AD] 

RIN 2120–AA64 

Airworthiness Directives; Boeing 

Model 747–200C and –200F Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to 

supersede an existing airworthiness 

directive (AD) that applies to certain 

Boeing Model 747–200C and –200F 

series airplanes. The existing AD 

currently requires repetitive inspections 

to find fatigue cracking in the upper 

chord of the upper deck floor beams, 

and repair if necessary. For certain 

airplanes, the existing AD also provides 

an optional repair/modification, which 

extends certain repetitive inspection 

intervals. This proposed AD would 

reduce the compliance time for all 

initial inspections and reduce the 

repetitive interval for a certain 

inspection. This proposed AD is 

prompted by new reports of cracks in 

the upper deck floor beams occurring at 

lower flight cycles. We are proposing 

this AD to find and fix cracking in 

certain upper deck floor beams. Such 

cracking could extend and sever floor 

beams at a floor panel attachment hole 

location and could result in rapid 

decompression and loss of 

controllability of the airplane. 

DATES: We must receive comments on 

this proposed AD by October 31, 2005. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

proposed AD. 

• DOT Docket Web site: 

Go to http://dms.dot.gov and follow the 

instructions for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street SW., Nassif Building, 

Room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

For service information identified in 

this proposed AD, contact Boeing 

Commercial Airplanes, P.O. Box 3707, 

Seattle, Washington 98124–2207. 

You can examine the contents of this 

AD docket on the Internet at http:// 

dms.dot.gov, or in person at the Docket 

Management Facility, U.S. Department 

of Transportation, 400 Seventh Street 

SW., room PL–401, on the plaza level of 

the Nassif Building, Washington, DC. 

This docket number is FAA–2005–

22423; the directorate identifier for this 

docket is 2005–NM–068–AD. 

FOR FURTHER INFORMATION CONTACT: Ivan 

Li, Aerospace Engineer, Airframe 

Branch, ANM–120S, FAA, Seattle 

Aircraft Certification Office, 1601 Lind 

Avenue, SW., Renton, Washington 

98055–4056; telephone (425) 917–6437; 

fax (425) 917–6590. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

We invite you to submit any relevant 

written data, views, or arguments 

regarding this proposed AD. Send your 

comments to an address listed under 

ADDRESSES. Include ‘‘Docket No. FAA–

2005–22423; Directorate Identifier 

2005–NM–068–AD’’ at the beginning of 

your comments. We specifically invite