This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

6839 

Vol. 87, No. 25 

Monday, February 7, 2022 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

[Doc. No. AMS–NOP–21–85] 

National Organic Program; Notice of 

Public Listening Session With Request 

for Comment 

AGENCY: Agricultural Marketing Service. 

ACTION: Notice of public meeting. 

SUMMARY: The U.S Department of 

Agriculture (USDA), Agricultural 

Marketing Service (AMS), National 

Organic Program (NOP), is announcing 

a public listening session, with request 

for comment, regarding upcoming 

standards development activities, 

including feedback about specific 

recommendations received from the 

National Organic Standards Board 

(NOSB). AMS intends to use the 

information received from public 

comments to prioritize future 

rulemaking and standards development 

activities. This Notice also includes a 

summary of NOP rulemaking currently 

in progress, for which the NOP is not 

accepting comments. 

DATES: AMS will host a virtual meeting 

on March 21, 2022, from 1:00 p.m. to 

approximately 3:00 p.m. Eastern Time 

(ET). The deadline to sign up to make 

oral comments during the meeting is 

February 28, 2022. The deadline to 

submit written comments is March 30, 

2022. 

ADDRESSES: The virtual meeting can be 

accessed via the internet and/or phone. 

Access information will be available on 

the AMS website prior to each event. 

Detailed information can be found at 

https://www.ams.usda.gov/event/ 

national-organic-program-prioritieslistening-session. 

FOR FURTHER INFORMATION CONTACT: Erin 

Healy, Director, Standards Division, 

National Organic Program, Telephone: 

(202) 617–4942; Email: erin.healy@

usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

This Notice seeks input from 

stakeholders on upcoming standards 

development activities by AMS NOP, 

including feedback about specific 

recommendations from the NOSB. The 

NOP’s mission is to protect the integrity 

of USDA organic products and the 

organic seal and to develop and grow 

the organic market by supporting 

organic farms, businesses, and those 

exploring the organic market. NOP 

develops the market and protects 

organic integrity by establishing clear 

standards that create a level playing 

field, providing oversight of third-party 

certifying agents, and enforcing the 

regulations. The NOSB is a Federal 

advisory committee established by the 

Organic Foods Production Act (OFPA). 

The NOSB’s mission is ‘‘to assist in the 

development of standards for substances 

to be used in organic production and to 

advise the Secretary on any other 

aspects of the implementation of 

[OFPA].’’ (7 U.S.C. 6518(a)) 

The USDA is committed to 

transparently sharing the status, 

priorities, decision criteria, and current 

positions on NOSB recommendations. 

As such, in response to stakeholder 

interest in organic standards 

development and in the status of 

outstanding NOSB recommendations, 

AMS is hosting a listening session with 

request for public comment. AMS 

intends to use information received 

from public comments to guide the 

prioritization of organic standards 

development. Stakeholders that may be 

affected by future actions on this topic 

includes certified organic operations, 

certifying agents, operations 

transitioning (or seeking to transition) to 

organic, consumers, and other interested 

parties. 

The listening session will be 

recorded, and a transcript will be posted 

following the session on the NOP 

website at https://www.ams.usda.gov/ 

event/national-organic-programpriorities-listening-session. 

Oral Comments: Individuals that want 

to present oral comments during the 

virtual listening session must preregister by 11:59 p.m. ET, February 28, 

2022. Each commenter will be allotted 

one 3-minute speaking slot during the 

virtual listening session. Instructions for 

registering to present oral comments can 

be found at https://www.ams.usda.gov/ 

event/national-organic-programpriorities-listening-session. 

Written Comments: Interested persons 

are invited to submit written comments 

on NOP rulemaking priorities and 

development activities. Written 

comments must be submitted on or 

before March 30, 2022, via http://

www.regulations.gov. All written 

comments should reference the 

document number and the date and 

page number of this issue of the Federal 

Register. All comments submitted in 

response to this Notice will be included 

in the record and the identity of the 

individuals or entities submitting the 

comments will be made public on the 

internet at the address provided above. 

AMS, Specialty Crops Program, strongly 

prefers that comments be submitted 

electronically. However, written 

comments may also be submitted (i.e., 

postmarked) via mail to the person 

listed in the FOR FURTHER INFORMATION

CONTACT section by or before the 

deadline. 

Meeting Accommodations: If you are 

a person requiring a reasonable 

accommodation, please make requests 

in advance for sign language 

interpretation or other reasonable 

accommodation to the person listed 

under FOR FURTHER INFORMATION

CONTACT. Determinations for a 

reasonable accommodation will be 

made on a case-by-case basis. 

Background 

The NOP’s mission is to protect the 

integrity of USDA organic products and 

the organic seal. AMS protects organic 

integrity by establishing clear standards 

that create a level playing field and then 

enforcing those standards. AMS also 

develops and grows the organic market 

by supporting organic farms and 

businesses and those exploring the 

organic market. The program also 

oversees third-party certifying agents in 

their implementation of the organic 

standards with organic operations and 

develops training to support standards 

implementation and oversight. 

AMS also supports the work of the 

NOSB, an Advisory Board with a 

mission to assist USDA in the 

development of standards for substances 

used in organic production and to 

advise the Secretary on other aspects of 

implementation of OFPA. The NOSB 

has specific statutory authorities with 

respect to the National List, found in the 

OFPA and the USDA organic 


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6840 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 

regulations. The Board’s activities 

include analyzing petitions, Technical 

Reports, and other documents to make 

recommendations for certain materials 

to be included in or excluded from the 

National List. Beyond its National List 

responsibilities, the Board also has and 

exercises authority to make 

recommendations on other topics 

related to organic agriculture and food 

production, including new standards, 

clarification of existing standards, or the 

role of organic in broader policy issues 

such as climate-smart agriculture or 

creating a more resilient and equitable 

agriculture system. Some of these work 

agenda topics are AMS-initiated (import 

oversight, human capital); others are 

proposed by NOSB members and 

approved by AMS. NOP and NOSB 

members collaborate to develop work 

plan items and meeting agendas. 

For all of its work, the Board develops 

and reviews discussion papers and 

proposals, and also considers 

stakeholder input through oral and 

written comment. If a NOSB proposal 

passes with a ‘‘decisive vote’’ (2⁄3 of the 

vote), it becomes a recommendation to 

the USDA for consideration. An NOSB 

recommendation is not USDA policy. 

USDA reviews the recommendation to 

determine whether to advance it 

through the standards development 

process. 

The NOSB and the NOP both operate 

under the authority of the OFPA, and 

standards developed by the program 

must align with OFPA provisions. In 

addition to the OFPA, the NOSB is also 

governed by the Federal Advisory 

Committee Act (FACA). The NOP 

establishes standards, including 

conducting rulemaking and developing 

policies, in accordance with the 

Administrative Procedure Act (APA), 5 

U.S.C. 551 et seq., and the Office of 

Management and Budget (OMB) rules 

and policies. The NOSB and NOP 

evaluate policy using overlapping, but 

distinct regulatory criteria. For example, 

where the NOSB focuses on the OFPA 

criteria and stakeholder input to 

develop its proposals and 

recommendations, the NOP must also 

consider other factors including the 

regulatory impact, including costs and 

benefits, to regulated entities. 

As of October 2021, the NOSB has 

made 678 recommendations to USDA 

AMS related to organic production and 

substances since the NOSB was first 

chartered in 1992. USDA AMS has 

reviewed and implemented 87 percent 

(592) of the Board’s total 

recommendations and 80 percent of the 

NOSB’s recommendations specific to 

practice (non-materials-related) 

standards. Not all recommendations 

have required rulemaking; AMS has 

implemented many NOSB 

recommendations through guidance, 

instructions and letters to certifiers, 

training, and policy statements. 

AMS NOP Current Rulemaking 

Priorities 

AMS has a number of rulemaking 

priorities in progress. This section 

summarizes these rules; however, AMS 

is not accepting comments on these 

rules in this listening session. Rather, 

they are included here to provide the 

status of ongoing regulatory priorities. 

AMS will be accepting comments on 

these four rules once they are published 

in the Federal Register. 

Strengthening Organic Enforcement 

(SOE) Final Rule 

In August 2020, AMS published the 

Strengthening Organic Enforcement 

(SOE) proposed rule to strengthen the 

oversight and enforcement of organic 

control systems. This was needed to 

respond to the increasing complexity of 

organic supply chains and market 

growth. The proposed rule includes 

provisions related to handler 

certifications, import certificates, and 

certifier oversight. The proposed rule 

would implement the requirements 

from the 2018 Farm Bill, other 

provisions informed by program 

experience, and several 

recommendations from the NOSB, 

including: 

• Calculating Percentage Organic in 

Multi-ingredient Products (April 2013); 

• Establishing Criteria for 

Certification of Grower Groups (October 

2002); 

• Certifying Operations with Multiple 

Production Units, Sites and Facilities 

Under the National Organic Program 

(November 2008); 

• Clarifying the Limitations of 

Uncertified Handlers under § 205.101(b) 

(October 2010); 

• Strengthening Inspector 

Qualifications and Training (May 2018); 

• Publishing Guidance on 

Unannounced Inspections (December 

2011); 

• Information on Certificates of 

Organic Operation (March 2005); 

• Using Expiration Dates on 

Certificates of Organic Operation 

(November 2006); and 

• Standardized Certificates 

(November 2007). 

AMS has written the SOE final rule 

and it is under review. We expect the 

final rule to be published in 2022. 

Origin of Livestock (OOL) Final Rule 

In 2015, the NOP published the 

Origin of Livestock (OOL) proposed rule 

to clarify requirements for the transition 

of dairy animals into organic 

production. The OOL rulemaking is to 

implement previous NOSB 

recommendations. The final rule has 

been written and, as of December 2021, 

was under review at the Office of 

Management and Budget (OMB). 

Organic Livestock and Poultry 

Standards (OLPS) 

The Organic Livestock and Poultry 

Practices (OLPP) final rule was 

originally published under Secretary 

Vilsack in 2017 and withdrawn under 

Secretary Perdue in 2018. A new 

proposed rule—Organic Livestock and 

Poultry Standards (OLPS)—has been 

written and, as of December 2021, was 

under review at OMB. 

Inert Ingredients in Pesticides for 

Organic Production 

Materials and ingredients that support 

organic crop and livestock production 

and organic processors are vital for the 

day-to-day work of organic farms and 

businesses. In addition to periodic rules 

and notices (2–6 per year) to maintain 

and change the National List to respond 

to NOSB recommendations, AMS is 

finalizing an Advanced Notice of 

Proposed Rulemaking to address the use 

in organic production of ‘‘inert’’ 

substances, which is currently based on 

Environmental Protection Agency (EPA) 

regulatory reference lists that have 

expired. Future rulemaking is needed to 

update the National List to resolve the 

references to the expired EPA reference 

lists, to provide market certainty, and to 

maintain industry confidence in the 

National List process. 

Overview of Program Structure 

Standards development is one of 

many activities conducted by the NOP. 

The NOP is made up of six groups: 

Accreditation Division, Compliance and 

Enforcement Division, International 

Activities Division, Trade Systems 

Division, Standards Division, and the 

Office of the Deputy Administrator. The 

Accreditation Division and Compliance 

and Enforcement Division conducts 

audits of certifying agents and their 

satellite offices, prepares 

noncompliance and evaluates corrective 

actions; considers reinstatement 

requests from suspended operations; 

reviews certifier records and reports; 

investigates complaints; conducts 

surveillance of operations and regions 

or countries based on market growth 

and risk; conducts the program’s 

livestock compliance program; conducts 

focused import oversight investigations; 

and develops and delivers training for 

certifiers and operations. 


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Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 6841 

The International Activities Division 

monitors existing organic trade 

arrangements and leads technical 

negotiations for new arrangements. The 

Trade Systems Division is responsible 

for all technology development and data 

dashboard development for the 

program, including leading the 

development of the import certificate 

reporting system required by the 2018 

Farm Bill. The team also leads the 

Interagency Organic Import Oversight 

Working Group. The Office of the 

Deputy Administrator houses the NOP 

appeals function, quality management, 

communications, Organic Integrity 

Learning Center development, the 

human capital initiative, special 

projects, and general customer service 

and organizational management. 

The Standards Division develops 

organic rules and policies; provides 

technical and administrative support to 

the NOSB; and evaluates materials 

conflicts from certifiers. The Division 

also serves as USDA’s authority on 

interpreting the organic standards and 

provides critical input to NOP and other 

USDA officials concerning USDA policy 

positions on organic production, 

handling, processing, and labeling. 

AMS believes that the current 

structure of the Program appropriately 

supports the Program’s mission. AMS 

invites public comments on this 

structure. 

Outstanding NOSB Recommendations: 

Practice Standards 

Experience has shown that organic 

rulemaking is most successful when it 

addresses the needs with the most crosscommunity support, when the economic 

benefits are clear, and when rulemaking 

resolves known market inconsistencies. 

Below, AMS outlines what it believes to 

be the current outstanding NOSB 

recommendations, focusing on practice 

standards. Some NOSB 

recommendations were passed very 

early in the life of the program, before 

there was an active NOP Standards 

Division. Some recommendations have 

been addressed through training, 

guidance, or instructions for certifiers. 

NOSB recommendations referenced 

above as being addressed by current 

rulemaking priorities are not repeated 

here. 

Organic Apiculture Production 

Standards (October 2010) 

NOP drafted a proposed rule that 

would establish organic apiculture 

standards during the Obama 

Administration; however, the rule was 

not published. AMS invites comments 

on whether to prioritize this 

rulemaking. 

Organic Pet Food Product Standards 

(November 2008) 

NOP drafted a proposed rule that 

would establish organic pet food 

product standards during the Obama 

Administration; however, the rule was 

not published. AMS invites comments 

on whether to prioritize this 

rulemaking. 

Organic Mushroom Production 

Standards (October 2001) 

NOP has completed preliminary 

research for this standards development 

work. Producers are currently certifying 

mushrooms under the organic crop 

standard. AMS invites comments on 

whether to prioritize this rulemaking. 

Organic Aquaculture Production 

Standards (March 2007) 

NOP drafted a proposed rule that 

would establish organic aquaculture 

standards during the Obama 

Administration. The rule was placed on 

hold at the end of the Administration 

due to interagency concerns during 

OMB review; agencies with interest in 

the rule included the National Oceanic 

and Atmospheric Administration 

(NOAA), Small Business Administration 

(SBA), and Office of the United States 

Trade Representative (USTR). The rule 

would require interagency coordination 

to advance. The NOP currently permits 

the sale of organic aquaculture products 

that are certified under other 

government organic standards (e.g., 

European Union). AMS invites 

comments on whether to prioritize this 

rulemaking. 

Hydroponic/Aeroponic Production and 

Create Greenhouse and Container 

Production Standards (April 2010; 

November 2017—Prohibit Aeroponics) 

The certification of hydroponic 

production systems as organic is 

currently allowed by AMS if the 

producer can demonstrate compliance 

with the USDA organic regulations; 

there are certified organic hydroponic 

operations in the U.S. at this time. 

While the NOSB recommended a 

rulemaking that would prohibit organic 

certification for those operations, AMS 

does not to intend to propose the 

prohibition of these production systems. 

However, AMS agrees that there are 

currently inconsistencies among 

certifiers with respect to the 

certification of greenhouses and 

container systems. AMS invites 

comments as to whether standards 

should be established for these specific 

production environments. 

Clarification of Emergency Synthetic 

Parasiticide Use With Organic Livestock 

(October 2018) 

NOP has not made this 

recommendation a regulatory priority 

and believes it should continue to be a 

low regulatory priority, as there has not 

yet been a demonstrated need or 

justification for advancing this 

recommendation. There are no known 

situations where parasiticides have been 

used in a manner inconsistent with the 

National List, nor have certifiers 

reported having issues determining 

what is considered ‘‘emergency use.’’ 

AMS invites comments on this 

prioritization. 

Eliminate Incentive To Convert Native 

Ecosystems to Organic Production 

(April 2018) 

NOP has not made this 

recommendation a regulatory priority. 

Provisions within this recommendation 

appear to contradict the wild crop 

standard which allows product 

harvested from unmanaged land to be 

certified as organic. Before proceeding 

with this recommendation, NOP would 

like to see significant support by the 

organic industry and Congressional 

action may be needed. AMS invites 

comments on this prioritization, 

including whether increased utilization 

of existing USDA programs could help 

meet some of the goals of this 

recommendation. 

Establish Standard Criteria for 

Commercial Availability 

Determinations—Agricultural 

Ingredients in Processed Products 

Standards (November 2007) 

NOP has not made this 

recommendation a regulatory priority 

because the Accredited Certifiers 

Association (ACA) has issued Best 

Practices documents for commercial 

availability that are currently in use 

among the industry. Certifiers have not 

communicated a strong need for this 

recommendation to move forward. AMS 

invites comments on this prioritization. 

Require Increased Use of Organic Seeds 

(April 2019) 

NOP has not made this 

recommendation a regulatory priority 

because NOP believes the 

recommendation is already addressed 

by USDA organic regulations for 

commercial availability related to seeds 

and planting stock. Therefore, 

additional rulemaking is not needed. 

The NOP has completed training on 

organic seed sourcing as a practical, 

high-impact step; the training is 

available in the Organic Integrity 

Learning Center. The ACA has also 


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6842 Federal Register / Vol. 87, No. 25 / Monday, February 7, 2022 / Notices 

1See Certain Carbon and Alloy Steel Cut-toLength Plate from the Republic of Korea: 

Preliminary Results of Countervailing Duty 

Administrative Review, and Intent to Rescind 

Review, in Part; 2019, 86 FR 42788 (August 5, 2021) 

(Preliminary Results), and accompanying 

Preliminary Decision Memorandum. 

published a Best Practice Document for 

certifiers to increase consistency. AMS 

invites comments on this prioritization. 

Recommendations Related to Genetic 

Engineering and Excluded Methods 

(Multiple) 

NOSB has made a number of 

recommendations related to genetic 

engineering and included methods. For 

example, ‘‘Require Genetic Integrity for 

Transparency of Seed Grown on 

Organic Land—Instructions to 

Certifiers’’ (October 2019) and 

‘‘Guidance of GMO Prevention 

Strategies’’ (October 2015) both 

recommend establishing thresholds for 

addressing the presence of genetic 

material contamination, with significant 

cost implications for testing and 

monitoring. The NOP has not prioritized 

these two recommendations given the 

significant implementation 

requirements and likely costs involved. 

AMS invites comments on this 

prioritization. 

The NOSB has also recommended 

developing ‘‘Guidance for Determining 

which New Technologies are Considered 

Excluded Methods’’ (October 2019). 

NOP has not made this recommendation 

a priority because it believes the current 

definition of Excluded Methods in the 

USDA organic regulations is sufficiently 

broad to cover a large range of new 

technologies. Augmenting this 

regulatory definition with a long list of 

prohibited technologies may cause 

confusion and could lead to an implied 

‘‘allowance by omission’’ for 

technologies not listed. We believe the 

intent of this recommendation could be 

achieved by communicating the 

program’s position on excluded 

methods (that they are not allowed) 

more directly and investing resources 

into communicating with certifiers 

about NOP’s expectations for oversight. 

AMS invites comments on this 

prioritization. 

Develop Organic Personal Care Product 

Standards (December 2009) 

NOP has not made this 

recommendation a regulatory priority. 

This rulemaking would be very complex 

and would require a significant 

expansion of existing regulations. NOP 

has published two items: ‘‘Policy Memo: 

‘‘Organic Personal Care/Cosmetics’’ and 

‘‘Fact Sheet—Personal Care Products’’ 

that have allowed certifiers and 

operations to find a path to certification 

for these products within the existing 

rules and standards. Other private 

standards have been developed that are 

specific to organic cosmetic 

certification. Regulatory action in this 

area would require significant 

interagency cooperation and review, as 

it would need to harmonize with 

current Food and Drug Administration 

(FDA) regulations regarding ingredient 

statements on cosmetics and personal 

care products. AMS invites comments 

on this prioritization. 

Restrict the Use of Livestock Vaccines 

Made From Excluded Methods (October 

2019) 

NOP has not made this 

recommendation a regulatory priority. 

There has not been a strong justification 

or demonstrated need for this 

rulemaking. The organic livestock 

industry is not large enough to support 

the development, testing, and 

deployment of non-genetically modified 

(GMO) vaccines. Rulemaking would 

involve adding the non-GMO 

commercial availability as an annotation 

to § 205.603(a)(4). AMS invites 

comments on this prioritization. 

NOP Handbook Updates 

Along with the OFPA and the USDA 

organic regulations, the NOP Handbook, 

titled, The Program Handbook: 

Guidance and Instructions for 

Accredited Certifying Agents and 

Certified Operations provides those who 

own, manage, or certify organic 

operations with guidance, instructions, 

and policy memos that can assist them 

in complying with the USDA organic 

regulations. The Handbook is consistent 

with OMB’s Bulletin on Agency Good 

Guidance Practices (GGPs) published 

January 25, 2007 (72 FR 3432–3440). 

The purpose of the OMB’s GGPs is to 

help 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 NOP Handbook is an important 

tool for organic operations and for 

certifying agents. There are a number of 

guidance, instructions, and policy 

memos that are part of the NOP 

Handbook that will need to be updated 

as a result of SOE; several also need 

updates to align with current NOP 

policy (e.g., label use-ups when 

certifiers exit the organic program; 

accreditation process updates based on 

NOP’s increased staffing and 

capabilities; and references to 

conservation tools administered by 

other USDA agencies). AMS invites 

public comments with respect to which 

NOP Handbook documents need 

updates from the organic community’s 

perspective. 

Request for Public Comments 

AMS seeks comments on the 

prioritization of outstanding NOSB 

recommendations and NOP Handbook 

updates (specifically, comments on 

whether issues not currently included 

should be considered for regulatory 

action) as it considers future rulemaking 

and policy development activities. AMS 

welcomes input about whether current 

resources should be allocated in a 

different manner to support standards 

development, or other program 

priorities. Comments received in 

response to this notice will inform 

future regulatory and policy 

development activities. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2022–02429 Filed 2–4–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[C–580–888] 

Certain Carbon and Alloy Steel Cut-toLength Plate From the Republic of 

Korea: Final Results and Partial 

Recission of Countervailing Duty 

Administrative Review; 2019 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: The Department of Commerce 

(Commerce) determines that POSCO 

and certain other producers/exporters of 

certain carbon and alloy steel cut-tolength plate (CTL plate) from the 

Republic of Korea (Korea) received de 

minimis net countervailable subsidies 

during the period of review (POR), 

January 1, 2019, through December 31, 

2019. 

DATES: Applicable February 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Faris Montgomery or George Ayache, 

AD/CVD Operations, Office VIII, 

Enforcement and Compliance, 

International Trade Administration, 

U.S. Department of Commerce, 1401 

Constitution Avenue NW, Washington, 

DC 20230; telephone: (202) 482–1537 or 

(202) 482–2623. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 5, 2021, Commerce 

published the Preliminary Results of 

this review.1 On November 2, 2021, 


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