This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

54057 

Vol. 73, No. 182 

Thursday, September 18, 2008 

OFFICE OF PERSONNEL 

MANAGEMENT 

5 CFR Part 532 

RIN 3206–AL68 

Prevailing Rate Systems; Redefinition 

of the New Orleans, LA, Appropriated 

Fund Federal Wage System Wage Area 

AGENCY: U.S. Office of Personnel 

Management. 

ACTION: Final rule. 

SUMMARY: The U.S. Office of Personnel 

Management is issuing a final rule to 

add St. Charles and St. John the Baptist 

Parishes, Louisiana, to the survey area 

of the New Orleans, LA, appropriated 

fund Federal Wage System wage area. 

The purpose of this change is to ensure 

the lead agency for the New Orleans 

wage area is able to obtain wage data 

that best represent the prevailing rates 

paid by businesses in the area. 

DATES: Effective date: This regulation is 

effective on September 18, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Madeline Gonzalez, (202) 606–2838; 

e-mail: pay-performancepolicy@opm.gov; or Fax: (202) 606– 

4264. 

SUPPLEMENTARY INFORMATION: On July, 9 

2008, the U.S. Office of Personnel 

Management (OPM) issued an interim 

rule (73 FR 39213) to add St. Charles 

and St. John the Baptist Parishes, 

Louisiana, to the survey area of the New 

Orleans, LA, appropriated fund Federal 

Wage System (FWS) wage area. The 

interim rule had a 30-day public 

comment period, during which OPM 

received no comments. 

This change will be effective for the 

next full-scale wage survey in the wage 

area, which is scheduled to begin in 

November 2008. 

Regulatory Flexibility Act 

I certify that these regulations will not 

have a significant economic impact on 

a substantial number of small entities 

because they will affect only Federal 

agencies and employees. 

List of Subjects in 5 CFR Part 532 

Administrative practice and 

procedure, Freedom of information, 

Government employees, Reporting and 

recordkeeping requirements, Wages. 

U.S. Office of Personnel Management. 

Michael W. Hager, 

Acting Director. 

■ Accordingly, under the authority of 5 

U.S.C. 5343, the interim rule published 

on July 9, 2008, amending 5 CFR part 

532 (73 FR 39213) is adopted as final 

with no changes. 

[FR Doc. E8–21831 Filed 9–17–08; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Agriculture Marketing Service 

7 CFR Part 205 

[Docket Number AMS–TM–08–0025; TM–08– 

05FR] 

RIN 0581–AC81 

National Organic Program; 

Amendment to the National List of 

Allowed and Prohibited Substances 

(Livestock) 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

U.S. Department of Agriculture’s 

(USDA) National List of Allowed and 

Prohibited Substances (National List) to 

reflect one recommendation submitted 

to the Secretary of Agriculture 

(Secretary) by the National Organic 

Standards Board (NOSB) on May 22, 

2008. Consistent with the 

recommendation from the NOSB, this 

final rule revises the annotation of one 

substance on the National List, 

Methionine, to extend its use in organic 

poultry production until October 1, 

2010. 

DATES: This rule becomes effective 

September 19, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Richard H. Mathews, Chief, Standards 

Development and Review Branch, 

Telephone: (202) 720–3252; Fax: (202) 

205–7808. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 21, 2000, the Secretary 

established, within the NOP [7 CFR part 

205], the National List regulations 

§§ 205.600 through 205.607. This 

National List identifies the synthetic 

substances that may be used and the 

nonsynthetic (natural) substances that 

may not be used in organic production. 

The National List also identifies 

synthetic, nonsynthetic nonagricultural 

and nonorganic agricultural substances 

that may be used in organic handling. 

The Organic Foods Production Act of 

1990 (OFPA), as amended, (7 U.S.C. 

6501 et seq.), and NOP regulations, in 

§ 205.105, specifically prohibit the use 

of any synthetic substance for organic 

production and handling unless the 

synthetic substance is on the National 

List. Section 205.105 also requires that 

any nonorganic agricultural and any 

nonsynthetic nonagricultural substance 

used in organic handling be on the 

National List. 

Under the authority of the OFPA, as 

amended, (7 U.S.C. 6501 et seq.), the 

National List can be amended by the 

Secretary based on proposed 

amendments developed by the NOSB. 

Since established, the National List has 

been amended nine times, October 31, 

2003 (68 FR 61987), November 3, 2003 

(68 FR 62215), October 21, 2005 (70 FR 

61217), June 7, 2006 (71 FR 32803), 

September 11, 2006 (71 FR 53299), June, 

27, 2007 (72 FR 35137), October 16, 

2007 (72 FR 58469), December 10, 2007 

(72 FR 69569), and December 12, 2007 

(72 FR 70479). Additionally, an 

amendment to the National List, 

proposed on July 14, 2008, (73 FR 

40194), is currently pending. 

This final rule amends the National 

List to reflect one recommendation 

submitted to the Secretary by the NOSB 

on May 22, 2008. 

II. Overview of Proposed Amendment 

The following provides an overview 

of the proposed amendment to § 205.603 

of the National List: 


dwashington3 on PRODPC61 with RULES
54058 Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 

Section 205.603 Synthetic Substances 

Allowed for Use in Organic Livestock 

Production 

This final rule amends § 205.603(d)(1) 

by changing ‘‘2008’’ to ‘‘2010’’. Section 

205.603(d)(1) now reads as follows: 

DL—Methionine, DL—Methionine— 

hydroxyl analog, and DL—Methionine— 

hydroxyl analog calcium (CAS #–59– 

51–8; 63–68–3; 348–67–4)—for use only 

in organic poultry production until 

October 1, 2010. 

III. Related Documents 

On April 4, 2008, a notice was 

published in the Federal Register (73 

FR 18491) announcing the meeting of 

the NOSB and its planned deliberations 

on recommendations involving the use 

of Methionine in organic poultry 

production. NOSB meetings are open to 

the public and allow for public 

participation. The recommendation to 

extend Methionine’s use in organic 

poultry production included in this 

final rule was published as a proposed 

rule on July 14, 2008 (73 FR 40197). 

IV. Statutory and Regulatory Authority 

The OFPA, as amended (7 U.S.C. 6501 

et seq.), authorizes the Secretary to 

make amendments to the National List 

based on proposed amendments 

developed by the NOSB. Sections 

6518(k)(2) and 6518(n) of OFPA 

authorize the NOSB to develop 

proposed amendments to the National 

List for submission to the Secretary and 

establish a petition process by which 

persons may petition the NOSB for the 

purpose of having substances evaluated 

for inclusion on or deletion from the 

National List. The National List petition 

process is implemented under § 205.607 

of the NOP regulations. The current 

petition process (72 FR 2167, January 

18, 2007) can be accessed through the 

NOP Web site at http:// 

www.ams.usda.gov/nop/Newsroom/ 

FedReg01_18_07NationalList.pdf. 

A. Executive Order 12866 

This action has been determined not 

significant for purposes of Executive 

Order 12866, and therefore, has not 

been reviewed by the Office of 

Management and Budget. 

B. Executive Order 12988 

Executive Order 12988 instructs each 

executive agency to adhere to certain 

requirements in the development of new 

and revised regulations in order to avoid 

unduly burdening the court system. The 

final rule (68 FR 61987), dated October 

31, 2003, adding Methionine to the 

National List was reviewed under this 

Executive Order and no additional 

related information has been obtained 

since then. This proposed rule is not 

intended to have a retroactive effect. 

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 

§ 2115(b) of the OFPA (7 U.S.C. 

6514(b)). States are also preempted 

under §§ 2104 through 2108 of the 

OFPA (7 U.S.C. 6503 through 6507) 

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 § 2108(b)(2) of the OFPA 

(7 U.S.C. 6507(b)(2)), a State organic 

certification program may contain 

additional requirements for the 

production and handling of organically 

produced agricultural products that are 

produced in the State and for the 

certification of organic farm and 

handling operations located within the 

State under certain circumstances. 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. 

Pursuant to § 2120(f) of the OFPA (7 

U.S.C. 6519(f)), this final rule would not 

alter the authority of the Secretary 

under the Federal Meat Inspection Act 

(21 U.S.C. 601 et seq.), the Poultry 

Products Inspections Act (21 U.S.C. 451 

et seq.), or the Egg Products Inspection 

Act (21 U.S.C. 1031 et seq.), concerning 

meat, poultry, and egg products, 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 

Environmental Protection Agency under 

the Federal Insecticide, Fungicide and 

Rodenticide Act (7 U.S.C. 136 et seq.). 

Section 2121 of the OFPA (7 U.S.C. 

6520) provides for the Secretary to 

establish an expedited administrative 

appeals procedure under which persons 

may appeal an action of the Secretary, 

the applicable governing State official, 

or a certifying agent under this title that 

adversely affects such person or is 

inconsistent with the organic 

certification program established under 

this title. The OFPA also provides that 

the U.S. District Court for the district in 

which a person is located has 

jurisdiction to review the Secretary’s 

decision. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) 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 

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. 

Pursuant to the requirements set forth 

in the RFA, AMS performed an 

economic impact analysis on small 

entities in the final rule published in the 

Federal Register on December 21, 2000 

(65 FR 80548). The AMS has also 

considered the economic impact of this 

action on small entities. The impact on 

entities affected by this final rule would 

not be significant. The current approval 

for the use of Methionine in organic 

poultry production will expire October 

1, 2008. The effect of this final rule is 

to allow the continued use of 

Methionine through October 1, 2010. 

The AMS concludes that this action 

would have minimal economic impact 

on small agricultural service firms. 

Accordingly, USDA certifies that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

Small agricultural service firms, 

which include producers, handlers, and 

accredited certifying agents, have been 

defined by the Small Business 

Administration (SBA) (13 CFR 121.201) 

as those having annual receipts of less 

than $6,500,000 and small agricultural 

producers are defined as those having 

annual receipts of less than $750,000. 

The U.S. organic industry at the end 

of 2001 included nearly 6,949 certified 

organic crop and livestock operations. 

These operations reported certified 

acreage totaling more than 2.09 million 

acres of organic farm production. Data 

on the numbers of certified organic 

handling operations (any operation that 

transforms raw product into processed 

products using organic ingredients) 

were not available at the time of survey 

in 2001; but they were estimated to be 

in the thousands. By the end of 2005, 

the number of U.S. certified organic 

crop, livestock, and handling operations 

totaled about 8,500. Based on 2005 

USDA, Economic Research Service, data 


dwashington3 on PRODPC61 with RULES
Federal Register / Vol. 73, No. 182 / Thursday, September 18, 2008 / Rules and Regulations 54059 

from USDA-accredited certifying agents, 

U.S. certified organic acreage increased 

to 4 million acres. 

The U.S. sales of organic food and 

beverages have grown from $1 billion in 

1990 to nearly $17 billion in 2006. The 

organic industry is viewed as the fastest 

growing sector of agriculture, 

representing almost 3 percent of overall 

food and beverage sales. Since 1990, 

organic retail sales have historically 

demonstrated a growth rate between 20 

to 24 percent each year, including a 22 

percent increase in 2006. 

In 2005, U.S. retail sales of organic 

poultry products were $161 million. 

The growth rate for organic poultry 

retail sales is estimated at between 23 

and 38 percent per year. Organic egg 

sales were $161 million in 2005 and are 

projected to grow at a rate of 8 to 13 

percent per year. The organic industry, 

in 2005, raised approximately 13.8 

million birds. Organic poultry is raised 

in 40 of the 50 states. In addition to 

being sold as whole products, organic 

eggs and poultry are used in the 

production of organic processed 

products such as eggnog, ice cream, 

soups, broth, noodles, French toast, 

pancakes, waffles, tartar sauce, 

hollandaise sauce, mayonnaise, salad 

dressing, cookies, cakes, cheese cakes, 

bread, and other bakery goods. 

In addition, USDA has 95 accredited 

certifying agents who provide 

certification services to producers and 

handlers. A complete list of names and 

addresses of accredited certifying agents 

may be found on the AMS NOP Web 

site, at http://www.ams.usda.gov/nop. 

AMS believes that most of these entities 

would be considered small entities 

under the criteria established by the 

SBA. 

D. Paperwork Reduction Act 

No additional collection or 

recordkeeping requirements are 

imposed on the public by this final rule. 

Accordingly, OMB clearance is not 

required by section 350(h) of the 

Paperwork Reduction Act of 1995, 44 

U.S.C. 3501, et seq., or OMB’s 

implementing regulations at 5 CFR part 

1320. 

The AMS is committed to compliance 

with the Government Paperwork 

Elimination Act (GPEA), which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

The AMS is committed to complying 

with the E-Government Act, to promote 

the use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

E. Discussion of Comments Received 

Six (6) comments were received on 

the proposed revision to extend the use 

of synthetic Methionine in organic 

poultry production until October 1, 

2010. Comments were received from a 

consumer, a poultry producer, a trade 

association, a Cooperative, and 2 

accredited certifying agents. Two (2) 

comments opposed and 4 supported 

extending the current authorization for 

the use of synthetic Methionine. 

One or more of the comments in 

support of the extension either 

acknowledged the need to continue to 

look for substitutes or find alternatives 

for Methionine or supported the Board’s 

efforts in this regard. Comments in 

opposition were received from a 

consumer and a poultry producer 

associated with an accredited certifying 

agent who forwarded a comment from 

the accredited certifying agent. The 

consumer opposed the use of synthetic 

substances in organic production in 

general. The poultry producer opposed 

extended authorization for the use of 

Methionine and claims to be raising 

broiler and breeder chickens and 

turkeys without the use of Methionine. 

Neither commenter provided any 

evidence that the National Organic 

Standards Board’s recommendation to 

extend the authorization for Methionine 

was in error or that wholly natural 

substitute products are presently 

available in sufficient supplies to meet 

poultry producer needs. After full 

consideration of these comments, we 

have determined that the record 

supports extension of the authorized use 

of Methionine until October 1, 2010. 

This extension will provide the organic 

feed sector with the time to create 

sufficient supplies of wholly natural 

substitute products. 

F. Effective Date 

This final rule reflects 

recommendations submitted to the 

Secretary by the NOSB for extending the 

use of Methionine, a synthetic 

substance, in organic poultry 

production until October 1, 2010. The 

NOSB evaluated this substance using 

criteria in the OFPA. The substance’s 

evaluation was initiated by a petition 

from the Methionine Task Force. 

The NOSB determined that while 

wholly natural substitute products exist, 

they are not presently available in 

sufficient supplies to meet poultry 

producer needs. Therefore, synthetic 

Methionine is presently a necessary 

component of a nutritionally adequate 

diet for organic poultry. Loss of the use 

of Methionine, at this time, would 

disrupt the well-established organic 

poultry market and cause substantial 

economic harm to organic poultry 

operations, as well as to organic 

handling operations that rely on organic 

eggs and poultry in the production of 

organic processed products. 

Accordingly, pursuant to 5 U.S.C. 

553, it is found and determined that 

good cause exists for not postponing the 

effective date of this rule until 30 days 

after publication in the Federal Register 

because this rulemaking should be 

completed before the use of Methionine 

expires for organic poultry operations 

on October 1, 2008. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agriculture, Animals, 

Archives and records, Imports, Labeling, 

Organically produced products, Plants, 

Reporting and recordkeeping 

requirements, Seals and insignia, Soil 

conservation. 

■ For the reasons set forth in the 

preamble, 7 CFR part 205, subpart G is 

amended as follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

§ 205.603 [Amended] 

■ 2. Section 205.603(d)(1) is amended 

by removing ‘‘2008’’ and adding 

‘‘2010’’in its place. 

Dated: September 12, 2008. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E8–21785 Filed 9–17–08; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 71, 77, 78, 79, and 80 

[Docket No. APHIS–2008–0077] 

RIN 0579–AC84 

National Animal Identification System; 

Use of 840 Animal Identification 

Numbers for U.S.-Born Animals Only 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

regulations concerning the interstate 


dwashington3 on PRODPC61 with RULES