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Proposed Rules
Federal Register
contains notices to the public of the proposed as amended (7 U.S.C. 6501 et seq.) purpose of these notices is to give interested persons an opportunity to participate in the which your comment refers. You should § 205.105, specifically prohibit the use rule making prior to the adoption of the final DEPARTMENT OF AGRICULTURE
should clearly indicate the reason(s) for List. Section 205.105 also requires that Agricultural Marketing Service
7 CFR Part 205
[Document Number AMS–NOP–11–0058;

RIN 0581–AD15
data to support your position (e.g., National Organic Program; Proposed
Amendments to the National List of
Allowed and Prohibited Substances
information, etc.). Only relevant (Crops, Livestock and Processing)
AGENCY: Agricultural Marketing Service,
ACTION: Proposed rule.
SUMMARY: This proposed rule would
Agriculture’s (USDA’s) National List of rule will also be available for viewing in 2010 (75 FR 38693); August 24, 2010 (75 person at USDA–AMS, National Organic FR 51919) December 13, 2010 (75 FR appointment in advance by calling (202) Secretary by the NOSB on October 28, FOR FURTHER INFORMATION CONTACT:
DATES: Comments must be received by
ADDRESSES: Interested persons may
I. Background
substance (formic acid) to § 205.603(b) established, within the National Organic for organic livestock production, and • Mail: Toni Strother, Agricultural § 205.605(a) for organic processing. The identifies the synthetic substances that the NOSB using the criteria specified in Instructions: All submissions received National List also identifies synthetic, II. Overview of Proposed Amendments
NOP–11–0058; NOP–11–09PR, and/or mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Proposed Rules
designated sections of the National List adding an expiration date of October 21, alternative. In addition, the NOSB was 2012, in accordance with the NOSB linked to apple and pear varieties which 21, 2012 expiration date. In effect, the § 205.601 by changing the annotation at Tetracycline. Tetracycline, in the form The NOSB Crops Committee reviewed fire blight.4 5 The petitioner also commented that at least 38 of 50 organic issued a Committee proposal against the exemption for the use of tetracycline broad-spectrum antibiotic for control of referenced their concerns over antibiotic 2012, then they would be forced to resistance and availability of fire blight organisms which functions by inhibiting resistant varieties as alternatives to the allowance for the use of tetracycline to control fire blight in apples and pears following agronomic uses: Fire blight of potential alternatives to tetracycline, the October 21, 2014, as options for adoption of those alternative strategies, and the potential impact of not allowing developed for commercial use. In their tetracycline for fire blight control after soil bacteria, Streptomyces, by a control including the use of fire blight addition of ‘‘apples and pears’’ in the crystalline powder, is freely soluble in resistant root stocks, biological controls, annotation accurately identifies the streptomycin, and apple and pear allowed use of this substance in organic varieties that are less susceptible to fire commenters also stated that the efficacy stage, when fire blight infection usually expectation in stating that, ‘‘members of discouraging producers from using these coordinate efforts in preparing for the solution of oxytetracycline calcium and/ U.S. Department of Agriculture, National Agricultural Statistics Service. 2007 Census of Agriculture: Organic Production Survey: Organic certain areas of the country, such as the Fruit and Tree Nuts Harvested from Certified Organic Farms, Table 24, 2008. Available at: used in human and animal drugs to treat its effectiveness against fire blight. The petition was submitted by the Washington State Horticultural Association, and is available from the NOP Web site in the Petitioned Substances listing for tetracycline to allow the use 2 NOSB Crops Committee Recommendation on Tetracycline. April 2011. Available at the NOP Web 6 Summarized from 2010 survey of organic apple and pear growers in Washington State: Organic (oxytetracycline). April 1, 2011. Available in 3 Transcript from the April 26–29, 2011 NOSB Orchards: Needs and Priorities, conducted by David petitioned substances database, under ‘‘T,’’ at the meeting is available under the NOSB section of the Granatstein (WSU–CSANR), Mark LaPierre, Wilbur- Ellis Co., and Nadine Lehrer, WSU–TFRC. mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Proposed Rules
residues above those found naturally are Formic acid is a colorless liquid with a pesticide product is used as directed.14 At its October 25–28, 2010, meeting in the USDA Agricultural Research Service formate. Methanol and carbon assistance in prioritizing research in the formic acid.10 Formic acid is considered received public comment at this corrosive to metals and biological tissue, meeting.15 During the NOSB deliberations, the Board noted that they production, and propagation of resistant fumigant products can cause eye, skin, against the addition of formic acid to the provided by the petitioner. According to biochemical such as the use of synthetic qualifying words ‘‘in apples and pears’’; acid causes mite deaths by asphyxiation sucrose octanoate esters (currently listed between the words ‘‘control’’ and generally without harm to exposed bees. on § 205.603) for control for Varroa ‘‘only,’’ in the current annotation and (2) replacing the current expiration date of ‘‘October 21, 2012’’ with the new expiration date, ‘‘October 21, 2014,’’ after which tetracycline may not be used regulated by other Federal agencies. Formic acid has antibacterial properties conditions in Hawaii, one of the U.S.’s that make it effective as a preservative, (FDA) permits its use as a food additive Allowed for Use in Organic Livestock paragraphs (b)(3) through (b)(8) for the substance as an external parasiticide at acid was petitioned for use in May 2010, Varroa mites in bee colonies, and as a pesticide for suppression of Varroa mites.9 Varroa mites attach themselves 14 EPA, 2010. Formic Acid (214900) Fact Sheet, 10 Hazardous Substances Data Bank (HSDB). Tetracycline. April 29, 2011. Available at the NOP 2010. Formic Acid, CASRN: 64–18–6. Last revised 4–27–2010. Retrieved February 15, 2011, from 15 The record contains acknowledgement that the 8 May 2011 Letters submitted by NOP to USDA 11 NOAA (CAMEO Chemical), 2011. Formic Acid, Board had requested a Technical Report for formic ARS and NIFA on fire blight research. Available at acid. However, this report was not available for review by the October 2010 meeting. The NOSB 12 Technical Report on Formic acid. June 1, 2011. stated that, based on the information contained in 9 The petition was submitted by the Hawaii Available in petitioned substances database, under the petition, they concluded that the substance is Department of Agriculture, and is retrievable from consistent with the OFPA evaluation criteria. the NOP Web site in the Petitioned Substances 13 Tracheal mites lay eggs inside bees’ tracheal 16 Transcripts from the April 26–29, 2011 meeting tubes, and their larvae feed on the bee after the eggs can be retrieved from the NOSB section of the NOP mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Proposed Rules
(Nonorganic) Substances Allowed as Ingredients in or on Processed Products Labeled as ‘‘Organic’’ or ‘‘Made With not limit the use of formic acid only for Organic (Specified Ingredients or Food their deliberations, the NOSB noted that treatment of Varroa mites, which was pesticide to control Varroa and tracheal requires acid activation. The NOSB explained that, though acid activation properties of attapulgite, acid activation Varroa and tracheal mites in organic handling for purifying vegetable and animal oils; and (2) as a livestock feed additive.17 Attapulgite is the product of naturally occurring attapulgus clay that question of whether listing formic acid, evaluation criteria of 7 U.S.C. 6517 and section be limited to use as ‘‘a topical chlorophyll, metals and other impurities is consistent with the OFPA evaluation petitioner’s request, the NOSB issued a applicable’’. The NOSB explained that be considered a parasite. The NOSB also According to the petitioner, adverse effects to human health would not be expected from occupational exposure to the listing for sucrose octanoate esters, apiculture to control Varroa mites. Everything Added to Food in the United follows: III. Related Documents
standards. In the NOP’s consideration of pesticides applied for food and non- federal registration under Section 25(b) Federal Register notices: (1) 76 FR
exempt from the requirement of a tolerance when used as an inert IV. Statutory and Regulatory Authority
et seq.], authorizes the Secretary to 17 Due to the nonsynthetic classification of this substance, a petition for use as an additive for (CAS #64–18–6) at paragraph (b)(2) as a 18 The petition was submitted by the Oil-Dri Corporation of America, and is retrievable from the List for submission to the Secretary and NOP Web site in the Petitioned Substances Formic acid (CAS #64–18–6)—for use 19 Technical Report on Attapulgite. February 1, 2010. A copy of this report is available in the National List. The National List petition mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Proposed Rules
and Cosmetic Act (21 U.S.C. 301 et appeals procedure under which persons livestock operations at the end of 2008. the applicable governing State official, 4.8 million certified acres consisting of or a certifying agent under this title that requirements in the development of new this title. The OFPA also provides that and revised regulations in order to avoid the U.S. District Court for the district in believes that most of the certified jurisdiction to review the Secretary’s (5 U.S.C. 601 et seq.) requires agencies to consider the economic impact of each 2008.21 Between 1990 and 2008, organic to 24 percent each year. In 2010, organic barriers that would restrict their ability is to fit regulatory actions to the scale of businesses subject to the action. Section addresses of accredited certifying agents impact on a substantial number of small accredited certifying agents would be entities in the final rule published in the Federal Register on December 21, 2000
Act of 1995, 44 U.S.C. 3501, chapter 35. State under certain circumstances. Such would not be significant. The effect of additional requirements must: (a) this proposed rule would be to allow the E. Executive Order 13175 produced in other States, and (d) not be provide small entities with more tools to Governments. The review reveals that this regulation will not have substantial 20 U.S. Department of Agriculture, Economic any, would be minimal and beneficial to Research Service, 2009. Data Sets: U.S. Certified Organic Farmland Acreage, Livestock Numbers and Inspection Act (21 U.S.C. 601–624), the 21 Dimitri, C., and L. Oberholtzer. 2009. Marketing U.S. Organic Foods: Recent Trends from Farms to Consumers, Economic Information Bulletin No. 58, U.S. Department of Agriculture, Economic Research 22 Organic Trade Association’s 2011 Organic mstockstill on DSK4VPTVN1PROD with PROPOSALS Federal Register / Vol. 76, No. 216 / Tuesday, November 8, 2011 / Proposed Rules
and direct effects on Tribal governments Signed in Washington, DC, on November 3, Pearlie Reed,
Assistant Secretary for Administration for the
David R. Shipman,
[FR Doc. 2011–29033 Filed 11–7–11; 8:45 am] Acting Administrator, Agricultural Marketing BILLING CODE P
[FR Doc. 2011–28800 Filed 11–7–11; 8:45 am] DEPARTMENT OF AGRICULTURE
60-day period for interested persons to comment on this rule is provided and is Food Safety and Inspection Service
9 CFR Parts 319 and 381
List of Subjects in 7 CFR Part 205
Office of Advocacy and Outreach
[Docket No. FSIS–2010–0012]
RIN 0583–AD41
7 CFR Part 2502
Archives and records, Imports, Labeling, Organically produced products, Plants, Common or Usual Name for Raw Meat
RIN 0503–AA49
and Poultry Products Containing
Added Solutions—Reopening of
Agricultural Career and Employment
Comment Period
Grants Program; Withdrawal
AGENCY: Food Safety and Inspection
AGENCY: Office of Advocacy and
ACTION: Proposed rule; reopening of
comment period.
ACTION: Proposed rule; withdrawal.
SUMMARY: The Food Safety and
SUMMARY: On October 27, 2011, USDA
Authority: 7 U.S.C. 6501–6522.
Name for Raw Meat and Poultry Products Containing Added Solutions.’’ 2. Section 205.601 paragraph (i)(12) is and farm workers by improving the supply, stability, safety, and training of the agricultural labor force. The § 205.601
Synthetic substances allowed
for use in organic crop production.
DATES: The comment period for the
Regulations section of this issue of the Federal Register, USDA is publishing
ADDRESSES: FSIS invites interested
DATES: As of November 8, 2011, the
Federal eRulemaking Portal: This Christine Chavez, Program Leader, Farmworker Coordination, Office of § 205.603
Synthetic substances allowed
for use in organic livestock production.
attach a file for lengthier comments. Go (2) Formic acid (CAS #64–18–6)—for the online instructions at that site for 205–4215, Fax: (202) 720–7136, Email: Mail, including floppy disks or CD– ROMs, and hand- or courier-delivered SUPPLEMENTARY INFORMATION: USDA is
items: Send to U.S. Department of ‘‘Attapulgite’’ is added in alphabetical October 27, 2011, entitled ‘‘Agricultural Program,’’ because it was intended to § 205.605
Nonagricultural (nonorganic)
publish in the Federal Register as an
substances allowed as ingredients in or on
Instructions: All items submitted by processed products labeled as ‘‘organic’’ or
mail or electronic mail must include the ‘‘made with organic (specified ingredients
or food groups(s)).’’
the Federal Register.
mstockstill on DSK4VPTVN1PROD with PROPOSALS


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