This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

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Notices Federal Register

19637 

Vol. 78, No. 63 

Tuesday, April 2, 2013 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Doc. No. AMS–NOP–12–0060; NOP–12–14] 

National Organic Program: Notice of 

Draft Guidance on Classification of 

Materials and Materials for Organic 

Crop Production 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Notice of availability of draft 

guidance with request for comments. 

SUMMARY: This notice announces draft 

guidance for review and comment by 

accredited certifying agents, certified 

operations, material evaluation 

programs, and other organic industry 

stakeholders. The first set of draft 

guidance documents implements 

recommendations from the National 

Organic Standards Board (NOSB) 

concerning the classification of 

materials under the USDA organic 

regulations (7 CFR part 205). The 

Classification of Materials draft 

guidance, NOP 5033, details the 

procedures and decision trees for 

classifying materials used for organic 

crop production, livestock production, 

and handling. The second set of draft 

guidance documents, NOP 5034, 

provides clarification regarding 

materials for use in organic crop 

production. These documents include 

an itemization of allowed natural and 

synthetic materials and a limited 

appendix of materials prohibited in 

organic crop production. 

The guidance explains the policy of 

the National Organic Program (NOP) 

concerning the portions of the 

regulations in question, referenced 

herein. The Agricultural Marketing 

Service (AMS) invites organic 

producers, handlers, certifying agents, 

material evaluation programs, 

consumers and other interested parties 

to submit comments about these 

guidance provisions. Notices of 

availability of final guidance on these 

topics will be issued upon final 

approval. Once finalized, final guidance 

documents will be available from 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 

USDA organic regulations. The current 

edition of the Program Handbook is 

available online at http:// 

www.ams.usda.gov/nop or in print upon 

request. 

DATES: Comments must be submitted on 

or before June 3, 2013. 

ADDRESSES: Submit written requests for 

hard copies of this draft guidance 

document 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 submit 

comments on these draft guidance 

documents using the following 

procedures: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Toni Strother, Agricultural 

Marketing Specialist, National Organic 

Program, USDA–AMS–NOP, 1400 

Independence Ave., SW., Room 2646- 

So., Ag Stop 0268, Washington, DC 

20250–0268. 

Written comments responding to this 

request should be identified with the 

document number AMS–NOP–12–0060; 

NOP–12–14. Clearly indicate the draft 

guidance and, if applicable, the 

material(s) you are addressing, your 

support for or opposition to it, and the 

reason for your position. Please include 

only relevant information and data to 

support your position. AMS is 

specifically requesting comments on the 

status of some materials as described in 

the SUPPLEMENTARY INFORMATION below. 

USDA intends to make available all 

comments, including names and 

addresses when provided, regardless of 

submission procedure used, on 

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 request to 

make an appointment by calling (202) 

720–3252. 

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. Telephone: (202) 720–3252; Fax: 

(202) 205–7808. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The draft guidance documents 

announced through this notice were 

developed in response to outstanding 

NOSB recommendations. These 

documents also address the identified 

need to develop guidance to address 

requests by certifying agents and 

certified operations for clarification on 

the classification of materials and for 

more definitive information on 

materials used in organic crop 

production. 

Under the Organic Foods Production 

Act (OFPA) (7 U.S.C. 6501–6522), the 

National List of Allowed and Prohibited 

Substance section of the USDA organic 

regulations must include synthetic 

substances which are permitted for use 

in organic crop production, and 

nonsynthetic (natural) substances which 

are prohibited for use in organic crop 

production. 

Within the guidance, NOP has used 

the synonymous term ‘‘material’’ in 

place of the term ‘‘substance,’’ as the 

term ‘‘material’’ is more commonly used 

within the organic community. 

Nonsynthetic (natural) materials are 

generally permitted to be used in 

organic production, but are not required 

to be included in the National List. At 

times, this unique construction of the 

National List has been a source of 

confusion or inconsistency in 

determining which input materials are 

allowed for organic production, since 

permitted nonsynthetic materials (e.g., 

feather meal, fish meal, botanical 

pesticides) are not specifically 

identified in the standards. The lack of 

guidance on classification has led to 

confusion and inconsistency in the 

industry in how to classify materials as 

natural or synthetic, and, by extension, 


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19638 Federal Register / Vol. 78, No. 63 / Tuesday, April 2, 2013 / Notices 

whether the material needs to be on the 

National List. 

The draft guidance document NOP 

5033, Classification of Materials, 

provides additional guidance to the 

industry on how materials are classified 

as nonsynthetic, synthetic, agricultural, 

or nonagricultural. The terms 

‘‘nonsynthetic,’’ ‘‘synthetic,’’ 

‘‘agricultural,’’ and ‘‘nonagricultural’’ 

are defined at 7 CFR 205.2 of the USDA 

organic regulations. This guidance 

implements a series of 

recommendations of the NOSB and 

provides clarification on how materials 

should be classified according to these 

defined terms. Draft guidance NOP 

5033–1 includes a decision tree for 

classifying a material as synthetic or 

nonsynthetic. Draft guidance NOP 

5033–2 includes a decision tree for 

classifying a material as agricultural or 

nonagricultural. For materials used in 

organic crop production, the 

classification guidance is intended to be 

used in conjunction with the draft 

guidance NOP 5034, Materials for 

Organic Crop Production, to assist in 

determining whether a material is 

permitted for use. 

The draft guidance document NOP 

5034, Materials for Organic Crop 

Production, provides guidance to the 

industry on materials used in organic 

crop production. Once finalized, NOP 

5034–1 is intended to provide a tool for 

organic producers to understand which 

input materials are allowed in organic 

crop production. The guidance includes 

substances which are specifically 

allowed in section 205.601 of the USDA 

organic regulations, as well as materials 

which are permitted, but are not 

required to be included on the National 

List. The appendix NOP 5034–2 

provides a list of materials that are 

specifically prohibited in organic crop 

production. The appendix of prohibited 

materials is not intended to be all 

inclusive, but is provided for guidance 

to the industry of items which have 

been previously reviewed by the NOSB 

and not recommended for use. The 

appendix of prohibited materials also 

includes materials which are 

specifically listed in section 205.602 the 

National List as prohibited for use in 

organic crop production (e.g., lead salts) 

or that are otherwise prohibited by the 

USDA organic regulations (e.g., sewage 

sludge). The guidance, once finalized, 

will not grant new allowances for any 

synthetic substance to be used in 

organic production that have not been 

specifically recommended by the NOSB 

and added to the National List through 

rulemaking for such purpose. 

NOP is aware that there may have 

been some inconsistency in the 

classification of a small number of 

materials used in organic crop 

production. NOP is issuing this draft 

guidance in an effort to clarify the status 

of these materials. Comments are 

specifically requested on the 

classification and descriptions provided 

in NOP 5034–1 for the following 

materials: bagasse, biochar, corn steep 

liquor, fatty acids, glycerin, molasses, 

vegetable protein hydrolysate, vinasse, 

and xanthan gum. NOP is requesting 

comments on whether these materials 

are accurately classified according to the 

draft guidance on classification, NOP 

5033–1, and whether any amendments 

are needed to the descriptions provided 

in NOP 5034–1, Materials for Organic 

Crop Production. 

II. Significance of Guidance 

This draft guidance document is 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. 

Authority: 7 U.S.C. 6501–6522. 

Dated: March 28, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–07613 Filed 4–1–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

Sensors and Instrumentation 

Technical Advisory Committee; Notice 

of Partially Closed Meeting 

The Sensors and Instrumentation 

Technical Advisory Committee (SITAC) 

will meet on April 23, 2013, 9:30 a.m., 

in the Herbert C. Hoover Building, 

Room 6087B, 14th Street between 

Constitution and Pennsylvania 

Avenues, NW., Washington, DC The 

Committee advises the Office of the 

Assistant Secretary for Export 

Administration on technical questions 

that affect the level of export controls 

applicable to sensors and 

instrumentation equipment and 

technology. 

Agenda 

Public Session 

1. Welcome and Introductions. 

2. Remarks from the Bureau of Industry 

and Security Management. 

3. Industry Presentations. 

4. New Business. 

Closed Session 

5. Discussion of matters determined to 

be exempt from the provisions 

relating to public meetings found in 5 

U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). 

The open session will be accessible 

via teleconference to 20 participants on 

a first come, first serve basis. To join the 

conference, submit inquiries to Ms. 

Yvette Springer at 

Yvette.Springer@bis.doc.gov no later 

than April 16, 2013. 

A limited number of seats will be 

available during the public session of 

the meeting. Reservations are not 

accepted. To the extent that time 

permits, members of the public may 

present oral statements to the 

Committee. The public may submit 

written statements at any time before or 

after the meeting. However, to facilitate 

distribution of public presentation 

materials to the Committee members, 

the Committee suggests that the 

materials be forwarded before the 

meeting to Ms. Springer. 

The Assistant Secretary for 

Administration, with the concurrence of 

the General Counsel, formally 

determined on December 11, 2012 

pursuant to Section 10(d) of the Federal 

Advisory Committee Act, as amended (5 

U.S.C. app. 2 § 10(d), that the portion of 

this meeting dealing with pre-decisional 

changes to the Commerce Control List 

and U.S. export control policies shall be 

exempt from the provisions relating to 

public meetings found in 5 U.S.C. app. 


srobinson on DSK4SPTVN1PROD with NOTICES