5424 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 

1NOSB recommendation for low-acyl gellan gum, 

October 30, 2020. Available at: https://www.ams.

usda.gov/sites/default/files/media/HSLowAcyl

GellanGumRec_webpost.pdf. 

2NOSB recommendation for paper-based crop 

planting aids, April 30, 2021. Available at: https:// 

www.ams.usda.gov/sites/default/files/media/ 

CSPaperBasedCropPlantingAids_FinalRec.pdf. 

3August 2019 low-acyl gellan gum petition: 

https://www.ams.usda.gov/sites/default/files/ 

media/PetitionLowAcylGellanGum08082019.pdf. 

4March 2020 low-acyl gellan gum petition: 

https://www.ams.usda.gov/sites/default/files/ 

media/PetitionAddendum_LAGellanGum_

ResponsetoNOSB_03062020.pdf. 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Document Number AMS–NOP–21–0060; 

NOP–21–02] 

RIN 0581–AE11 

National Organic Program; Proposed 

Amendments to the National List of 

Allowed and Prohibited Substances 

per October 2020 and April 2021 NOSB 

Recommendations (Handling, Crop) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: The U.S. Department of 

Agriculture’s (USDA) Agricultural 

Marketing Service (AMS) proposes 

amendments to the National List of 

Allowed and Prohibited Substances 

(National List) section of the USDA’s 

organic regulations to implement 

recommendations submitted to the 

Secretary of Agriculture (Secretary) by 

the National Organic Standards Board 

(NOSB). This rule proposes to add lowacyl gellan gum, a food additive used as 

a thickener, gelling agent, and stabilizer; 

and paper-based crop planting aids to 

the National List, along with a 

definition of paper-based crop planting 

aids. If finalized, low-acyl gellan gum 

would be allowed as an ingredient in 

processed organic products, and paperbased crop planting aids would be 

allowed in organic crop production. The 

rule also proposes the correction of a 

spelling error on the National List to 

change ‘‘wood resin’’ to ‘‘wood rosin’’. 

DATES: Send comment on or before 

April 4, 2022. 

ADDRESSES: You may send comments on 

this proposed rule to the Federal 

eRulemaking Portal at https://

www.regulations.gov/. You can access 

this proposed rule and instructions for 

submitting public comments by 

searching for document number, AMS– 

NOP–21–0060. Comments may also be 

sent to Jared Clark, Standards Division, 

National Organic Program, AMS, USDA; 

1400 Independence Ave. SW, Room 

2642-So., Ag Stop 0268, Washington, 

DC 20250–0268, or Email: Jared.Clark@

usda.gov. 

Instructions: All comments received 

must include the docket number AMS– 

NOP–21–0060; NOP–21–02, and/or 

Regulatory Information Number (RIN) 

0581–AE11 for this rulemaking. You 

should clearly indicate the topic and 

section number of this proposed rule to 

which your comment refers, state your 

position(s), offer any recommended 

language change(s), and include 

relevant information and data to support 

your position(s) (e.g., scientific, 

environmental, manufacturing, 

industry, or industry-impact 

information, etc.). All comments and 

relevant background documents posted 

to https://www.regulations.gov will 

include any personal information 

provided. 

FOR FURTHER INFORMATION CONTACT: 

Jared Clark, Standards Division, 

National Organic Program, 202–720– 

3252, Jared.Clark@usda.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 21, 2000, the Secretary 

established the Agricultural Marketing 

Service’s (AMS) National Organic 

Program and the USDA organic 

regulations (65 FR 80547). Within the 

USDA organic regulations (7 CFR part 

205) is the National List of Allowed and 

Prohibited Substances (or ‘‘National 

List’’). The National List identifies the 

synthetic substances that may be used, 

and the nonsynthetic (natural) 

substances that may not be used, in 

organic crop and livestock production. 

It also identifies the nonorganic 

substances that may be used in or on 

processed organic products (i.e., in 

organic ‘‘handling’’). 

The Organic Foods Production Act of 

1990 (OFPA) (7 U.S.C. 6501–6524) 

establishes what may be included on the 

National List and the procedures that 

the USDA must follow to amend the 

National List (§ 6517). OFPA also 

describes the NOSB’s responsibilities in 

proposing amendments to the National 

List, including the criteria for evaluating 

amendments to the National List 

(§ 6518(m)). Section 205.607 of the 

USDA organic regulations permits any 

person to petition to add or remove a 

substance from the National List. The 

petition process is described in further 

detail in the Statutory and Regulatory 

Authority section below. 

The NOSB submitted 

recommendations to the Secretary after 

the conclusion of its public meetings on 

October 30, 2020 and April 30, 2021. In 

its 2020 1 and 2021 2 recommendations, 

the NOSB concluded that adding paperbased crop planting aids and low-acyl 

gellan gum, a food additive used as a 

thickener, gelling agent, and stabilizer, 

to the National List was consistent with 

OFPA evaluation criteria (7 U.S.C. 

6518(m)). This proposed rule addresses 

these NOSB recommendations to add 

low-acyl gellan gum and paper-based 

crop planting aids to the National List 

and to add a definition of paper-based 

crop planting aids to § 205.2 (Terms 

Defined). 

II. Overview of Proposed Amendments 

The following provides an overview 

of the proposed amendments to the 

National List, along with the NOSB and 

AMS justifications for each proposed 

amendment. AMS welcomes comments 

on each proposed amendment. 

Comments received during the comment 

period will inform AMS’s decisions for 

the final rule; specifically, whether the 

proposed amendments align with OFPA 

criteria and are justified. 

A. Low-Acyl Gellan Gum (§ 205.605(b)) 

AMS is proposing to add low-acyl 

gellan gum to the National List at 

§ 205.605(b) as a nonagricultural, 

synthetic substance allowed for use in 

organic handling. If finalized, low-acyl 

gellan gum would be allowed as an 

ingredient in processed organic and 

‘‘made with organic’’ products. This 

AMS proposal follows a 

recommendation to AMS from the 

NOSB. The NOSB’s recommendation 

was based on their review of CP Kelco’s 

August 2019 petition, 3 4 stakeholder 

comments, and a third-party technical 

report. 

Background 

Gellan gums are used in food 

products as thickeners, gelling agents, 

and stabilizers, and they can be used in 

products that require gelling, 

texturizing, stabilizing, suspending, 

film-forming, and structuring (e.g., 

capsules used for dietary supplements). 

The petitioner argues that low-acyl 

gellan gum is necessary in organic 

handling as it holds unique qualities not 

found in other thickener substances on 

the National List, including: The ability 

to create a stable fluid gel with 

suspended matter in beverages 

containing fruit pulp or jelly pieces; 

product clarity not offered by high-acyl 

gellan gum; heat stability in acid 

systems unlike carrageenan; the ability 

to be used in standard processing 

without additional steps (e.g., compared 

to pectin, which requires special 

handling in gelled confections); and 


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5 Gums technical report, 2018: https://

www.ams.usda.gov/sites/default/files/media/ 

GumsTRFinal20180130.pdf. 

6August 2018 paper planting pots petition: 

https://www.ams.usda.gov/sites/default/files/ 

media/PaperPotorContainerPetition080718.pdf. 

7August 2018 paper planting pots petition 

addendum: https://www.ams.usda.gov/sites/ 

default/files/media/PetitionAdendumPaperPots

10022018.pdf. 

8Paper pots and containers technical report, 

2019: https://www.ams.usda.gov/sites/default/files/ 

media/PaperTRFinal7262019.pdf. 

9Newspaper or Other Recycled Paper, January 

2006: https://www.ams.usda.gov/sites/default/files/ 

media/Newspaper%20TR%202006.pdf. 

10Newspaper or Other Recycled Paper, January 

2017: https://www.ams.usda.gov/sites/default/files/ 

media/Newspaper%20TR%20Final%2001

%2011%2017.pdf. 

providing a carrageenan-free, vegetarian 

alternative for hard and soft capsules 

(e.g., dietary supplements). 

As described in the third-party 

technical report,5 there are two forms of 

gellan gum: High-acyl and low-acyl. 

High-acyl gellan gum is listed on the 

National List (at § 205.605(a)) as a 

nonsynthetic, nonagricultural substance 

allowed in organic handling. To 

manufacture the low-acyl form, highacyl gellan gum is deacetylated using 

potassium hydroxide and heat resulting 

in a synthetic substance per the 

definition of ‘‘synthetic’’ at § 205.2. 

Acid is then used to lower the pH, and 

the low-acyl gellan gum is recovered 

from the solution by alcohol 

precipitation. 

NOSB Recommendation 

The NOSB recommended the addition 

of low-acyl gellan gum to the National 

List, at § 205.605(b), as a synthetic 

nonagricultural substance allowed in 

organic handling. After the NOSB 

reviewed the low-acyl gellan gum 

petition, a 2018 third-party technical 

report on gums, and public comments, 

they determined that the petitioned use 

of low-acyl gellan gum meets the OFPA 

criteria for inclusion in the National List 

in accordance with 7 U.S.C. 6518(m). In 

the rationale supporting their 

recommendation, the NOSB noted 

minimal adverse effects on the 

environment and distinct properties of 

low-acyl gellan gum, including a hard, 

non-elastic, brittle gel (unlike high-acyl 

gellan gum) and being a vegetarian 

option for the manufacture of capsules 

used for dietary supplements. The 

NOSB recommended that low-acyl 

gellan gum be classified as ‘‘synthetic,’’ 

as the manufacturing process includes 

deacetylation (the removal of acetyl 

group(s) from molecules), which is a 

chemical change. 

AMS Review of NOSB Recommendation 

AMS agrees that low-acyl gellan gum 

appears to meet the requirements for 

addition to the National List under 7 

U.S.C. 6517(c)(1)(A). Public comments 

submitted to the NOSB and the 2018 

third-party technical report indicate 

low-acyl gellan gum is necessary due to 

the apparent unavailability of wholly 

natural substitute products. 

Additionally, low-acyl gellan gum does 

not appear to be harmful to human 

health or the environment, as gellan 

gum is listed by the Food & Drug 

Administration (FDA) as a food additive 

permitted for direct addition to food for 

human consumption at 21 CFR 172.665. 

Additionally, gellan gum is allowed as 

an inert ingredient in minimum risk 

pesticides (i.e., pesticide products 

exempt from the requirements of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act [FIFRA]) by the U.S. 

Environmental Protection Agency (EPA) 

at 40 CFR 152.25(f)(2)(iv). AMS also 

agrees with the NOSB’s 

recommendation to classify low-acyl 

gellan gum as a ‘‘synthetic’’ substance 

because the process of removing acetyl 

groups by the deacetylation portion 

meets the definition of ‘‘synthetic’’ 

under § 205.2. 

As low-acyl gellan gum appears to 

meet the requirements at 7 U.S.C. 

6517(c)(1)(A), AMS proposes the 

addition of low-acyl gellan gum to the 

National List at 7 CFR 205.605(b) as a 

nonagricultural synthetic substance 

allowed for use in ‘‘organic’’ and ‘‘made 

with organic (specified ingredients or 

food group(s))’’ processed products. 

B. Paper-Based Crop Planting Aids 

(§ 205.601(o)(2)) 

AMS is proposing to add paper-based 

crop planting aids to the National List 

at § 205.601(o)(2) as a synthetic 

substance allowed for use in organic 

crop production and add a definition of 

paper-based crop planting aids to 

§ 205.2 (Terms Defined). If finalized, 

paper-based crop planting aids would 

be allowed in organic crop production. 

This AMS proposal follows a 

recommendation to AMS from the 

NOSB from their review of Small Farm 

Works and Stone Circle Farm’s August 

2018 petition,6 7 a third-party technical 

report, and public comment. 

Background 

Paper-based crop planting aids are 

used to transplant closely spaced crops, 

such as onions, beets, baby salad greens, 

etc. The petitioner argued that paperbased crop planting aids are necessary 

in organic crop production as they allow 

crop producers to replace the slower 

and more costly method of transplanting 

by hand. These paper-based crop 

planting aids, typically in the form of 

individual paper pots or paper chain 

pots, are generally used by small scale 

farming operations to transplant closely 

spaced crops using non-motorized 

equipment. 

As described in the 2019 Technical 

Report on paper-pots and containers,8

most paper-based crop planting aids 

contain kraft-manufactured paper, a 

synthetic substance. Paper-pots and 

other paper-based crop planting aids 

also contain a variety of synthetic, 

nonsynthetic, biobased, and/or 

biodegradable strengthening, adhesive 

and binding, fiber reinforcement, and 

antimicrobial additives. 

NOSB Recommendation 

The NOSB recommended the addition 

of paper-based crop planting aids to 

§ 205.2 Terms Defined as well as to the 

National List, at § 205.601(o)(2), as a 

synthetic substance allowed in organic 

crop production. The recommended 

definition is: 

Paper-based crop planting aid. A material 

that is comprised of at least 60% cellulosebased fiber by weight, including, but not 

limited to, pots, seed tape, and collars that 

are placed in or on the soil and later 

incorporated into the soil, excluding 

biodegradable mulch film. Up to 40% of the 

ingredients can be non-synthetic, other 

permitted synthetic ingredients at 

§ 205.601(j), or synthetic strengthening fibers, 

adhesives, or resins. Contains no less than 

80% biobased content as verified by a 

qualified third-party assessment (e.g., 

laboratory test using ASTM D6866 or 

composition review by qualified personnel). 

Added nutrients must comply with 

§ 205.105, 205.203, and 205.206. 

The NOSB recommended an 

annotated listing for paper-based crop 

planting aids at § 205.601(o)(2) as: 

Production Aids: Paper-based crop 

planting aids as defined in 205.2. Virgin or 

recycled paper without glossy paper or 

colored inks. 

After the NOSB reviewed the paperbased crop planting aid petition, a 2019 

Technical Report on paper pots and 

containers, two January 2006 9 and 

January 2017 10 technical reports on 

newspaper, and public comments, the 

NOSB determined that the petitioned 

use of paper-based crop planting aids 

meets the OFPA criteria for allowed 

synthetic substances in organic crop 

production at 7 U.S.C. 6518(m). 

Specifically, the NOSB stated that 

allowing paper-based crop planting aids 

will assist small farmers in growing 

organic crops that would otherwise be 

prohibitive to grow due to the manual 


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11NOP 5033—Guidance: Classification of 

Materials: https://www.ams.usda.gov/sites/default/ 

files/media/NOP-5033.pdf. 

12Formal Recommendation, 2022 Sunset 

Reviews—Handling, October 30, 2020: https://

www.ams.usda.gov/sites/default/files/media/ 

HS2022SunsetRecs_webpost.pdf. 

13Table of Small Business Size Standards 

Matched to North American Industrial 

Classification System Codes, August 19, 2019: 

https://www.naics.com/wp-content/uploads/2017/ 

10/SBA_Size_Standards_Table.pdf. 

labor involved in transplanting. The 

NOSB recommended that paper-based 

crop planting aids be classified as 

‘‘synthetic,’’ as the manufacturing 

process includes acid-base chemical 

reactions. 

AMS Review of NOSB Recommendation 

AMS agrees with the NOSB 

recommendation on paper-based crop 

planting aids, including: The 

classification of paper-based crop 

planting aids as a ‘‘synthetic’’ substance, 

the recommended definition of ‘‘paperbased crop planting aid,’’ and the 

annotation listing at § 205.601. 

AMS determined that paper-based 

crop planting aids, as presented in the 

recommended definition, appear to 

meet the requirements for addition to 

the National List under 7 U.S.C. 

6517(c)(1)(A). Paper-based crop planting 

aids are expected to readily break down 

in the soil and are not expected to be 

harmful to human health or the 

environment in the amounts used for 

this purpose. This determination is 

supported by the presence of paper on 

EPA’s list of ‘‘inert ingredients 

permitted in minimum risk pesticide 

products’’ at 40 CFR 152.25(f)(2)(iv). 

Further, paper-based crop planting aids 

appear to be necessary due to the lack 

of wholly natural substitute products. 

Public comments and a 2019 third-party 

technical report also found that these 

planting aids were consistent with 

organic farming, because a similar 

substance (newspaper) is currently 

allowed as a mulch and/or compost 

feedstock, and paper planting aids 

reduce plastic use. 

AMS agrees with the classification of 

paper-based crop planting aids as a 

‘‘synthetic’’ substance, as the acid-base 

reactions included in the kraft process 

of manufacturing paper, as well as the 

inclusion of additional synthetic 

substances to improve performance, fit 

the definition of ‘‘synthetic’’ under 

§ 205.2 and further described in NOP 

5033.11

AMS reviewed public comments 

submitted to the NOSB prior to the 

October 2020 and April 2021 NOSB 

meetings. Many commentors requested 

clarification on the term ‘‘qualified 

personnel’’ in the proposed definition of 

Paper-based crop planting aid. AMS 

interprets ‘‘qualified personnel’’ to be a 

third-party (i.e., certifier or material 

review organization) capable and 

qualified to make limited biobased 

determinations based on productspecific formulation. AMS views this 

allowance as an alternative verification 

process when the biobased nature of the 

ingredients is clear (e.g., a product 

composed entirely of paper and coconut 

coir). AMS seeks comment on the 

interpretation of ‘‘qualified personnel’’ 

and the additional considerations 

outlined within NOSB’s 

recommendation. 

As paper-based crop planting aids 

appear to meet the requirements at 7 

U.S.C. 6517(c)(1)(A), AMS proposes the 

following: An addition of a definition of 

‘‘paper-based crop planting aids’’ to 7 

CFR 205.2, and the addition of paperbased crop planting aids to the National 

List at 7 CFR 205.601(o)(ii) as a 

synthetic substance allowed for use in 

organic crop production. The addition 

of paper-based crop planting aids at 

§ 205.601(o)(2) would result in a 

redesignation of microcrystalline 

cheesewax to § 205.601(o)(1), with both 

present under § 205.601(o) ‘‘As 

production aids.’’ Additionally, in 

support of the proposed definition, 

AMS will explore updating the 

reference to ASTM D6866–12 at § 205.3 

to the current standard in a future 

rulemaking. 

C. Wood Rosin (sic. Resin; § 205.605(a)) 

AMS is proposing a spelling 

correction to ‘‘wood resin’’ listed in the 

definition of ‘‘waxes’’ at 7 CFR 

205.605(b). In their sunset 

recommendation 12 for this substance, 

the Board noted that ‘‘wood resin’’ is the 

incorrect term and that the corrected 

listing should read ‘‘wood rosin.’’ 

Though it appears that resin can also 

refer to rosin, AMS agrees that rosin is 

the preferred term because it is more 

specific to the wood product and would 

provide more clarity on the substance 

allowed. 

AMS proposes amending the listing at 

§ 205.605(a) ‘‘Waxes—nonsynthetic 

(Wood resin)’’ to read ‘‘Waxes— 

nonsynthetic (Wood rosin)’’. 

III. Statutory and Regulatory Authority 

The OFPA authorizes the Secretary to 

make amendments to the National List 

based on recommendations developed 

by the NOSB. Sections 6518(k) and 

6518(n) of the OFPA authorize the 

NOSB to develop recommendations for 

submission to the Secretary to amend 

the National List and establish a process 

by which persons may petition the 

NOSB for the purpose of having 

substances evaluated for inclusion on, 

or deletion from, the National List. 

Section 205.607 of the USDA organic 

regulations permits any person to 

petition to add or remove a substance 

from the National List and directs 

petitioners to obtain the petition 

procedures from USDA. The current 

petition procedures published in the 

Federal Register (81 FR 12680, March 

10, 2016) for amending the National List 

can be accessed through the NOP 

Program Handbook on the AMS website 

in ‘‘Section I Other’’ at https://

www.ams.usda.gov/rules-regulations/ 

organic/handbook. 

A. Executive Order 12866 and 

Regulatory Flexibility Act 

This proposed rule does not meet the 

criteria of a significant regulatory action 

under Executive Order 12866 as 

supplemented by Executive Order 

13563. Therefore, the Office of 

Management and Budget (OMB) has not 

reviewed this rule under those Orders. 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) 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 

of the RFA 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. 

The Small Business Administration 

(SBA) sets size criteria for each industry 

described in the North American 

Industry Classification System (NAICS) 

to delineate which operations qualify as 

small businesses.13 The SBA has 

classified small agricultural producers 

that engage in crop and animal 

production as those with average annual 

receipts of less than $1,000,000. 

Handlers are involved in a broad 

spectrum of food production activities 

and fall into various categories in the 

NAICS Food Manufacturing sector. The 

small business thresholds for food 

manufacturing operations are based on 

the number of employees and range 

from 500 to 1,250 employees, depending 

on the specific type of manufacturing. 

For this category, the small business 

threshold is average annual receipts of 

less than $16.5 million. 

AMS has considered the economic 

impact of this proposed rulemaking on 


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14U.S. Department of Agriculture, National 

Agricultural Statistics Service. 2019 Census of 

Agriculture. https://www.nass.usda.gov/ 

Publications/AgCensus/2017/Online_Resources/ 

Organics/ORGANICS.pdf. 15Organic Integrity Database: https://organic.ams.

usda.gov/Integrity/. Accessed on January 29, 2021. 

16Organic Integrity Database, Certifier Locator: 

https://organic.ams.usda.gov/Integrity/Certifiers/ 

CertifiersLocationsSearchPage.aspx. Accessed 

February 25, 2021. 

small agricultural entities. Data 

collected by the USDA National 

Agricultural Statistics Service (NASS) 

and the NOP indicate most of the 

certified organic production operations 

in the United States would be 

considered small entities. According to 

the 2019 Census of Agriculture, 16,585 

organic farms in the United States 

reported total sales of organic products 

and total farmgate sales more than $9.9 

billion.14 Based on that data, organic 

sales average just under $600,000 per 

farm. Assuming a normal distribution of 

producers, we expect that most of these 

producers would fall under the 

$1,000,000 sales threshold to qualify as 

a small business. 

According to the NOP’s Organic 

Integrity Database, there are 19,059 

organic handlers certified under the 

USDA organic regulations, as of January 

2021.15 The Organic Trade Association’s 

2020 Organic Industry Survey has 

information about employment trends 

among organic manufacturers. The 

reported data are stratified into three 

groups by the number of employees per 

company: Less than 5; 5 to 49; and 50 

plus. These data are representative of 

the organic manufacturing sector and 

the lower bound (50) of the range for the 

larger manufacturers is significantly 

smaller than the SBA’s small business 

thresholds (500 to 1,250). Therefore, 

AMS expects that most organic handlers 

would qualify as small businesses. 

The SBA defines small agricultural 

service firms, which include certifying 

agents under the NAICS subsector ‘‘All 

other professional, scientific, and 

technical services,’’ as those having 

annual receipts of less than $16,500,000 

(13 CFR 121.201). There are currently 77 

USDA-accredited certifying agents; 

based on a query of the NOP certified 

organic operations database.16 While 

many certifying agents are small entities 

that would be affected by this proposed 

rule, we do not expect that these 

certifying agents would incur significant 

costs as a result of this action. Certifying 

agents already must comply with the 

current regulations, e.g., maintaining 

certification records for organic 

operations. 

The economic impact on entities 

affected by this rule would not be 

significant. The effect of this rule, if 

implemented as final, would be to allow 

the use of an additional substance in 

organic handling. Adding a substance to 

the National List would increase 

regulatory flexibility and would give 

small entities more tools to use in dayto-day operations. Therefore, AMS 

concludes that the economic impact of 

this addition, if any, would be minimal. 

Accordingly, USDA certifies that this 

rule would not have a significant 

economic impact on a substantial 

number of small entities. 

B. Executive Order 12988 

Executive Order 12988 instructs each 

executive agency to adhere to certain 

requirements in the development of new 

and revised regulations to avoid unduly 

burdening the court system. 

Accordingly, to prevent duplicative 

regulation, states and local jurisdictions 

are preempted under the OFPA 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 

6514(b) of the OFPA. States are also 

preempted under sections 6503 through 

6507 of the OFPA 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 6507(b)(2) of the 

OFPA, a state organic certification 

program that has been approved by the 

Secretary may, under certain 

circumstances, contain additional 

requirements for the production and 

handling of agricultural products 

organically produced in the state and for 

the certification of organic farm and 

handling operations located within the 

state. 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. 

In addition, pursuant to section 

6519(c)(6) of the OFPA, this proposed 

rule would not supersede or alter the 

authority of the Secretary under the 

Federal Meat Inspection Act (21 U.S.C. 

601–624), the Poultry Products 

Inspection Act (21 U.S.C. 451–471), or 

the Egg Products Inspection Act (21 

U.S.C. 1031–1056), concerning meat, 

poultry, and egg products, respectively, 

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 

EPA under the Federal Insecticide, 

Fungicide and Rodenticide Act (7 U.S.C. 

136 et seq.). 

This proposed rule is not intended to 

have a retroactive effect. 

C. Paperwork Reduction Act 

No additional collection or 

recordkeeping requirements are 

imposed on the public by this proposed 

rule. Accordingly, OMB clearance is not 

required by the Paperwork Reduction 

Act of 1995, 44 U.S.C. 3501, Chapter 35. 

D. Executive Order 13175 

This proposed rule has been reviewed 

under Executive Order 13175— 

Consultation and Coordination with 

Indian Tribal Governments. Executive 

Order 13175 requires Federal agencies 

to consult and coordinate with tribes on 

a government-to-government basis on: 

(1) Policies that have tribal implication, 

including regulation, legislative 

comments, or proposed legislation; and 

(2) other policy statements or actions 

that have substantial direct effects on 

one or more Indian tribes, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

AMS has assessed the impact of this 

proposed rule on Indian tribes and 

determined that this rule would not 

have tribal implications that require 

consultation under Executive Order 

13175. AMS hosts a quarterly 

teleconference with tribal leaders where 

matters of mutual interest regarding the 

marketing of agricultural products are 

discussed. Information about the 

proposed changes to the regulations will 

be shared during an upcoming quarterly 

call, and tribal leaders will be informed 

about the proposed revisions to the 

regulation and the opportunity to 

submit comments. AMS will work with 

the USDA Office of Tribal Relations to 

ensure meaningful consultation is 

provided as needed with regards to the 

NOP regulations. 

E. General Notice of Public Rulemaking 

This proposed rule reflects 

recommendations submitted by the 

NOSB to the Secretary to add two 

substances to the National List. 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, Agricultural commodities, 

Agriculture, Animals, Archives and 

records; Fees, Imports, Labeling, 


tkelley on DSK125TN23PROD with PROPS1
5428 Federal Register / Vol. 87, No. 21 / Tuesday, February 1, 2022 / Proposed Rules 

Livestock, Organically produced 

products, Plants, Reporting and 

recordkeeping requirements, Seals and 

insignia, Soil conservation. 

For the reasons set forth in the 

preamble, the Agricultural Marketing 

Service proposes to amend 7 CFR part 

205 as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for part 205 

continues to read as follows: 

Authority: 7 U.S.C. 6501–6524. 

■ 2. Amend § 205.2 by adding, in 

alphabetical order, the definition for 

‘‘Paper-based crop planting aid’’. 

§ 205.2 Terms Defined. 

* * * * * 

Paper-based crop planting aid. A 

material that is comprised of at least 

60% cellulose-based fiber by weight, 

including, but not limited to, pots, seed 

tape, and collars that are placed in or on 

the soil and later incorporated into the 

soil, excluding biodegradable mulch 

film. Up to 40% of the ingredients can 

be nonsynthetic, other permitted 

synthetic ingredients at § 205.601(j), or 

synthetic strengthening fibers, 

adhesives, or resins. Contains no less 

than 80% biobased content as verified 

by a qualified third-party assessment 

(e.g., laboratory test using ASTM D6866 

or composition review by qualified 

personnel). Added nutrients must 

comply with §§ 205.105, 205.203, and 

205.206. 

* * * * * 

■ 3. Amend § 205.601 by revising 

paragraph (o) to read as follows: 

§ 205.601 Synthetic substances allowed 

for use in organic crop production. 

* * * * * 

(o) Production aids: 

(1) Microcrystalline cheesewax (CAS 

#’s 64742–42–3, 8009–03–08, and 8002– 

74–2)—for use in log grown mushroom 

production. Must be made without 

either ethylene-propylene co-polymer or 

synthetic colors. 

(2) Paper-based crop planting aids as 

defined in § 205.2. Virgin or recycled 

paper without glossy paper or colored 

inks. 

* * * * * 

■ 4. Amend § 205.605 by: 

■ a. In paragraph (a), revising the entry 

for ‘‘Waxes’’. 

■ b. In paragraph (b), adding, in 

alphabetical order, an entry for ‘‘Lowacyl gellan gum.’’. 

The addition and revision to 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) * * * 

Waxes—nonsynthetic (Wood rosin). 

* * * * * 

(b) * * * 

Low-acyl gellan gum. 

* * * * * 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–01915 Filed 1–31–22; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2022–0021; Project 

Identifier AD–2020–01283–A] 

RIN 2120–AA64 

Airworthiness Directives; Piper 

Aircraft, Inc., Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

certain Piper Aircraft, Inc., (Piper) 

Model PA–46–600TP airplanes. This 

proposed AD was prompted by testing 

that showed that the wing splice 

assembly could fail before the assembly 

reaches its established life limit. This 

proposed AD would require revising the 

Airworthiness Limitations section of the 

existing maintenance manual (MM) or 

instructions for continued airworthiness 

to reduce the life limit of the wing 

splice assembly. The FAA is proposing 

this AD to address the unsafe condition 

on these products. 

DATES: The FAA must receive comments 

on this proposed AD by March 18, 2022. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

For service information identified in 

this NPRM, contact Piper Aircraft, Inc., 

2926 Piper Drive, Vero Beach, FL 32960; 

phone: (772) 299–2141; website: https:// 

www.piper.com. You may view the 

service information at the FAA, 

Airworthiness Products Section, 

Operational Safety Branch, 901 Locust, 

Kansas City, MO 64106. For information 

on the availability of this material at the 

FAA, call (817) 222–5110. 

Examining the AD Docket 

You may examine the AD docket at 

https://www.regulations.gov by 

searching for and locating Docket No. 

FAA–2022–0021; or in person at Docket 

Operations between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The AD docket contains this 

NPRM, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

FOR FURTHER INFORMATION CONTACT: John 

Marshall, Aviation Safety Engineer, 

Atlanta ACO Branch, FAA, 1701 

Columbia Avenue, College Park, GA 

30337; phone: (404) 474–5524; email: 

john.r.marshall@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written relevant data, views, or 

arguments about this proposal. Send 

your comments to an address listed 

under ADDRESSES. Include ‘‘Docket No. 

FAA–2022–0021; Project Identifier AD– 

2020–01283–A’’ at the beginning of your 

comments. The most helpful comments 

reference a specific portion of the 

proposal, explain the reason for any 

recommended change, and include 

supporting data. The FAA will consider 

all comments received by the closing 

date and may amend this proposal 

because of those comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to https://

www.regulations.gov, including any 

personal information you provide. The 

agency will also post a report 

summarizing each substantive verbal 

contact received about this NPRM. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 


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