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[Federal Register Volume 76, Number 113 (Monday, June 13, 2011)]
[Proposed Rules]
[Pages 34180-34181]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14500]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 205

[Doc. AMS-NOP-11-0002; NOP-11-02]

National Organic Program; Notice of Draft Guidance for Accredited 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availability of four draft guidance documents intended for use by 
accredited certifying agents and certified operations. The draft 
guidance documents are entitled as follows: ``The Use of Kelp in 
Organic Livestock Feed (NOP 5027)''; ``Responding to Results from 
Pesticide Residue Testing (NOP 5028)''; ``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, Feed Supplements, and Feed Additives (NOP 
5030)''.
    These draft guidance documents are intended to inform the public of 
NOP's current thinking on these topics. 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.

DATES: To ensure that NOP considers your comment on this draft guidance 
before it begins work on the final

[[Page 34181]]

version of the guidance, submit written comments on the draft guidance 
by August 12, 2011.

ADDRESSES: Submit written requests for hard copies of these draft 
guidance documents to Toni Strother, Agricultural Marketing Specialist, 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SUPPLEMENTARY INFORMATION section for electronic access to the draft 
guidance documents.
    Interested persons may comment on these four draft guidance 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-11-0002; NOP-11-02. 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: Melissa R. Bailey, PhD, Director, 
Standards Division, National Organic Program (NOP), USDA-AMS-NOP, 1400 
Independence Ave., SW., Room 2646-So., Ag Stop 0268, Washington, DC 
20250-0268, Telephone: (202) 720-3252, E-mail: 
NOP.guidance@ams.usda.gov, or visit the NOP Web site at: http://www.ams.usda.gov/nop.

SUPPLEMENTARY INFORMATION: 

I. Background

    The NOP selected the topics for the four draft guidance documents 
announced through this notice in response to recommendations issued by 
the National Organic Standards Board (NOSB) and the need to improve 
consistency in how certifying agents and certified operations are 
implementing the NOP regulations at 7 CFR part 205. The NOP developed 
``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, Feed 
Supplements, and Feed Additives (NOP 5030)'' in response to outstanding 
NOSB recommendations from May 2002, February 2005, and November 2008. 
The NOP developed ``The Use of Kelp in Organic Livestock Feed (NOP 
5027)'' in response to requests by certifying agents and certified 
operations for clarifications on this issue. The NOP developed 
``Responding to Results from Pesticide Residue Testing (NOP 5028)'' to 
describe the reporting scheme and actions that certifying agents should 
be instituting to meet the requirements at Sec.  205.670 of the NOP 
regulations.

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. 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.

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. Requests for hard copies of the draft guidance 
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: June 7, 2011.
Ellen King,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2011-14500 Filed 6-10-11; 8:45 am]
BILLING CODE 3410-02-P
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