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[Federal Register Volume 74, Number 53 (Friday, March 20, 2009)]
[Notices]
[Pages 11904-11905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6056]

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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

[AMS-TM-09-0014; TM-09-03]

Notice of Meeting of the National Organic Standards Board

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Notice.

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SUMMARY: In accordance with the Federal Advisory Committee Act, as 
amended, the Agricultural Marketing Service (AMS) is announcing a 
forthcoming meeting of the National Organic Standards Board (NOSB).

DATES: The meeting dates are Monday, May 4, 2009, 9 a.m. to 5 p.m.; 
Tuesday, May 5, 2009, 8 a.m. to 5 p.m.; and Wednesday, May 6, 2009, 
8:30 a.m. to 5 p.m. Requests from individuals and organizations wishing 
to make oral presentations at the meeting are due by the close of 
business on April 20, 2009.

ADDRESSES: The meeting will take place at the Washington Plaza Hotel, 
10 Thomas Circle, NW., Washington, DC 20005.
     Requests for copies of the NOSB meeting agenda, may be 
sent to Ms. Valerie Frances, Executive Director, NOSB, USDA-AMS-TMP-
NOP, 1400 Independence Ave., SW., Room 4004-So., Ag Stop 0268, 
Washington, DC 20250-0268. The NOSB meeting agenda and proposed 
recommendations may also be viewed at http://www.ams.usda.gov/nop.
     Comments on proposed NOSB recommendations may be submitted 
by the close of business on April 20, 2009, in writing to Ms. Valerie 
Frances at either the postal address above or via the Internet at 
http://www.regulations.gov only. The comments should identify Docket 
No. AMS-TM-09-0014. It is our intention to have all comments to this 
notice whether they are submitted by mail or the Internet available for 
viewing on the http://www.regulations.gov Web site.
     Requests to make an oral presentation at the meeting may 
also be sent by April 20, 2009, to Ms. Valerie Frances at the postal 
address above, by e-mail at [email protected], via facsimile 
at (202) 205-7808, or phone at (202) 720-3252.

FOR FURTHER INFORMATION CONTACT: Valerie Frances, Executive Director, 
NOSB, National Organic Program (NOP), (202) 720-3252, or visit the NOP 
Web site at: http://www.ams.usda.gov/nop.

SUPPLEMENTARY INFORMATION: Section 2119 (7 U.S.C. 6518) of the Organic 
Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501 et seq.) 
requires the establishment of the NOSB. The purpose of the NOSB is to 
make recommendations about whether a substance should be allowed or 
prohibited in organic production or handling, to assist in the 
development of standards for substances to be used in organic 
production, and to advise the Secretary on other aspects of the 
implementation of the OFPA. The NOSB met for the first time in 
Washington, DC in March 1992, and currently has six subcommittees 
working on various aspects of the organic program. The committees are: 
Compliance, Accreditation, and Certification; Crops; Handling; 
Livestock; Materials; and Policy Development.
    In August of 1994, the NOSB provided its initial recommendations 
for the NOP to the Secretary of Agriculture. Since that time, the NOSB 
has submitted 166 addenda to its recommendations and reviewed more than 
342 substances for inclusion on the National List of Allowed and 
Prohibited Substances. The Department of Agriculture (USDA) published 
its final National Organic Program regulation in the Federal Register 
on December 21, 2000, (65 FR 80548). The rule became effective April 
21, 2001.
    In addition, the OFPA authorizes the National List of Allowed and 
Prohibited Substances and provides that no allowed or prohibited 
substance would remain on the National List for a period exceeding five 
years unless the exemption or prohibition is reviewed and recommended 
for renewal by the NOSB and adopted by the Secretary of Agriculture. 
This expiration is commonly referred to as sunset of the National List. 
The National List appears at 7 CFR part 205, subpart G.
    The principal purposes of the NOSB meeting are to provide an 
opportunity for the NOSB to receive an update from the USDA/NOP and 
hear progress reports from NOSB committees regarding work plan items 
and proposed action items. The last NOSB meeting was held on November 
17-20, 2008, in Washington, DC.
    At its last meeting, the Board recommended the addition of two 
materials with one on the National List section 205.601 for use in 
crops, and with one on section 205.606 for use in handling. The Board 
also recommended an expiration date of October 21, 2012, for all forms 
of Tetracycline used in organic crop production on section 205.601.
    At this meeting, the NOSB will begin its review of the 11 materials 
scheduled

[[Page 11905]]

to expire after September 12, 2011. There are two synthetic substances: 
Hydrogen chloride (CAS  7647-01-0) and Ferric phosphate (CAS 
 10045-86-0), currently allowed for use in organic crop 
production, that will no longer be allowed for use after September 12, 
2011. There are nine materials: Egg white lysozyme (CAS  9001-
63-2), L-Malic acid (CAS  97-67-6), Microorganisms, Activated 
charcoal (CAS s 7440-44-0; 64365-11-3), Cyclohexylamine (CAS 
 108-91-8), Diethylaminoethanol (CAS  100-37-8), 
Octadecylamine (CAS  124-30-1), Peracetic acid/Peroxyacetic 
acid (CAS  79-21-0), Sodium acid pyrophosphate (CAS  
7758-16-9), and Tetrasodium pyrophosphate (CAS  7722-88-5), 
currently allowed for use in organic handling, that will no longer be 
allowed for use after September 12, 2011. The sunset review process 
must be concluded no later than September 12, 2011. If renewal is not 
concluded by those dates, the use or prohibition of these 11 materials 
will no longer be in compliance with the NOP.
    At this meeting, the Policy Development Committee will present 
recommendations regarding revisions to the NOSB Policy and Procedures 
Manual and the Guide for new NOSB members as well as discuss their on-
going collaboration with the NOP to review the NOP responses to prior 
NOSB recommendations.
    The Compliance, Accreditation, and Certification Committee will 
present their recommendations for use as guidance by accredited 
certifying agents for the labeling of products certified as 100 percent 
organic and their recommendation for use as guidance by the NOP to meet 
the requirements of Sec. 2117 (7 U.S.C. 6516) and section 205.509 in 
regard to Peer Review.
    The Compliance, Accreditation, and Certification and the Crops 
Committees will jointly present their recommendation offering guidance 
for accredited certifying agents and the NOP to strengthen the 
implementation of the principles of biodiversity and conservation 
throughout the organic standards.
    The Crops Committee will present recommendations on the materials: 
Isoparrafinic hydrocarbon and the on-farm manufacture of Sulfurous Acid 
petitioned for use on section 205.601. The Committee will begin their 
review on the continued use or prohibition of the material exemptions 
for Hydrogen chloride (CAS  7647-01-0) and Ferric phosphate 
(CAS  10045-86-0), with their respective annotations and 
limitations, currently allowed for use in organic crop production, that 
will no longer be allowed for use after September 12, 2011.
    The Livestock Committee will present their recommendations on the 
materials: Propionic Acid and Injectable vitamins and minerals for use 
as supplements, petitioned for inclusion in 205.603 for use in organic 
livestock production. The Committee will also present their 
recommendation in regard to the development of organic aquaculture 
standards for bivalves.
    The Materials and Handling Committees will jointly present their 
recommendation on the definition of a nonagricultural substance in 
section 205.2.
    The Handling Committee will present their recommendations on the 
materials: Propionic acid, Sodium chlorite, acidified, and Propane as a 
processing aid, petitioned for inclusion in section 205.605 for use in 
organic products. The Committee will present their recommendations on 
the materials: Chickory Root Extract, Red Corn Color, Myrrh Essential 
Oil, and Wheat Germ, petitioned for inclusion in section 205.606 for 
use in organic products depending on final commercial availability 
determinations performed by accredited certifying agents. The Committee 
will present their recommendations on the material: Lecithin, bleached, 
petitioned for removal from use from section 205.605 (b) in organic 
products and on the material Lecithin, unbleached, fluid, petitioned 
for removal from section 205.606 for use in organic products.
    The Handling Committee will also begin their review on the 
continued use or prohibition of the material exemptions for nine 
materials: Egg White Lysozyme (CAS  9001-63-2), L-Malic acid 
(CAS  97-67-6), Microorganisms, Activated charcoal (CAS 
s 7440-44-0; 64365-11-3), Cyclohexylamine (CAS  108-
91-8), Diethylaminoethanol (CAS  100-37-8), Octadecylamine 
(CAS  124-30-1), Peracetic acid/Peroxyacetic acid (CAS 
 79-21-0), Sodium acid pyrophosphate (CAS  7758-16-
9), and Tetrasodium pyrophosphate (CAS  7722-88-5), with their 
respective annotations and limitations currently allowed for use in 
organic handling on section 205.605, that will no longer be allowed for 
use after September 12, 2011.
    The meeting is open to the public. The NOSB has scheduled time for 
public input for Monday, May 4, 2009, from 10:45 a.m. to 5 p.m. and 
Tuesday, May 5, 2009, from 3:30 p.m. to 5 p.m. Individuals and 
organizations wishing to make oral presentations at the meeting may 
forward their requests by mail, facsimile, e-mail, or phone to Ms. 
Valerie Frances as listed in ADDRESSES above. Individuals or 
organizations will be given approximately five minutes to present their 
views. All persons making oral presentations are requested to provide 
their comments in writing. Written submissions may contain information 
other than that presented at the oral presentation. Anyone may submit 
written comments at the meeting. Persons submitting written comments 
are asked to provide 30 copies.
    Interested persons may visit the NOSB portion of the NOP Web site 
at http://www.ams.usda.gov/nop to view available meeting documents 
prior to the meeting, or visit http://www.regulations.gov to submit and 
view comments as provided for in ADDRESSES above. Documents presented 
at the meeting will be posted for review on the NOP Web site 
approximately six weeks following the meeting.

    Dated: March 16, 2009.
Robert C. Keeney,
Acting Associate Administrator.
[FR Doc. E9-6056 Filed 3-19-09; 8:45 am]
BILLING CODE 3410-02-P
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