National Organic Program; National List of Allowed and Prohibited Substances-Crops and Handling From October 2019 NOSB

Published date25 March 2021
Record Number2021-05700
SectionProposed rules
CourtAgricultural Marketing Service
Federal Register, Volume 86 Issue 56 (Thursday, March 25, 2021)
[Federal Register Volume 86, Number 56 (Thursday, March 25, 2021)]
                [Proposed Rules]
                [Pages 15800-15804]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2021-05700]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 86, No. 56 / Thursday, March 25, 2021 /
                Proposed Rules
                [[Page 15800]]
                DEPARTMENT OF AGRICULTURE
                Agricultural Marketing Service
                7 CFR Part 205
                [Document Number AMS-NOP-19-0102; NOP-19-05]
                RIN 0581-AD93
                National Organic Program; National List of Allowed and Prohibited
                Substances--Crops and Handling From October 2019 NOSB
                AGENCY: Agricultural Marketing Service, USDA.
                ACTION: Proposed rule.
                -----------------------------------------------------------------------
                SUMMARY: This proposed rule would amend the National List of Allowed
                and Prohibited Substances (National List) section of the United States
                Department of Agriculture's (USDA's) organic regulations to add
                potassium hypochlorite for pre-harvest use as a sanitizer in organic
                crop production and fatty alcohols for sucker control in organic
                tobacco production. In addition, this rule proposes to remove the
                listing for dairy cultures, as it is redundant with an existing
                listing.
                DATES: Comments must be received by May 24, 2021.
                ADDRESSES: Interested persons may comment on the proposed rule using
                the following procedures:
                 Federal eRulemaking Portal: http://www.regulations.gov.
                Follow the instructions for submitting comments.
                 Mail: Jared Clark, Standards Division, National Organic
                Program, USDA-AMS-NOP, 1400 Independence Ave. SW, Room 2642-S, Ag Stop
                0268, Washington, DC 20250-0268. Telephone: (202) 720-3252.
                 Instructions: All submissions received must include the docket
                number AMS-NOP-19-0102, NOP-19-05, and/or Regulatory Information Number
                (RIN) 0581-AD93 for this rulemaking. When submitting a comment, clearly
                indicate the proposed rule topic and section number to which the
                comment refers. In addition, comments should clearly indicate whether
                the commenter supports the action being proposed and clearly indicate
                the reason(s) for the position. Comments can also include information
                on alternative management practices, where applicable, that support
                alternatives to the proposed amendments. Comments should also offer any
                recommended language change(s) that would be appropriate to the
                position. Please include relevant information and data to support the
                position such as scientific, environmental, manufacturing, industry, or
                impact information, or similar sources. Only relevant material
                supporting the position should be submitted. All comments received will
                be posted without change to https://www.regulations.gov.
                 Document: To access the document and read background documents, or
                comments received, go to https://www.regulations.gov (search for Docket
                ID AMS-NOP-19-0102).
                FOR FURTHER INFORMATION CONTACT: Jared Clark, Standards Division,
                National Organic Program. Telephone: (202) 720-3252.
                SUPPLEMENTARY INFORMATION:
                I. Background
                 On December 21, 2000, the Secretary established the National List
                within part 205 of the USDA organic regulations (7 CFR 205.600 through
                205.607). The National List identifies the synthetic substances allowed
                in organic farming and the nonsynthetic substances prohibited in
                organic farming. The National List also identifies nonagricultural and
                nonorganic agricultural substances (ingredients) that may be used in
                organic handling.
                 The Organic Foods Production Act of 1990 (OFPA), as amended (7
                U.S.C. 6501-6524), and the USDA organic regulations (7 CFR part 205)
                specifically prohibit the use of any synthetic substance in organic
                production and handling unless the synthetic substance is on the
                National List (Sec. Sec. 205.601, 205.603 and 205.605(b)). Section
                205.105 also requires that any nonorganic agricultural substance and
                any nonsynthetic nonagricultural substance used in organic handling be
                on the National List (Sec. Sec. 205.605(a) and 205.606). Under the
                authority of OFPA, the National List can be amended by the Secretary
                based on recommendations presented by the National Organic Standards
                Board (NOSB). Since the final rule establishing the National Organic
                Program (NOP) became effective on October 21, 2002, USDA's Agricultural
                Marketing Service (AMS) has published multiple rules amending the
                National List.
                 This proposed rule would amend the National List to reflect three
                recommendations submitted to the Secretary by the NOSB on October 25,
                2019. This action would make the following changes to the National List
                based on the NOSB recommendations for three substances. Two substances
                are proposed to be added to the National List for use in organic crop
                production in response to petitions from the public. One substance is
                being recommended for removal from the National List because it is
                redundant to another listing on the National List. AMS published two
                notices in the Federal Register announcing the NOSB meetings and
                inviting public comments on the materials included in this proposed
                rule: November 26, 2018 (83 FR 60373) and May 22, 2019 (84 FR 23522).
                AMS also hosted public webinars (April 16 & 18, 2019, and October 15 &
                17, 2019), to provide additional opportunities for public comment. The
                NOSB received additional comment during its public meetings on April
                24-25, 2019,\1\ and October 23-24, 2019.\2\ Table 1 summarizes the
                proposed changes to the National List.
                ---------------------------------------------------------------------------
                 \1\ National Organic Standards Board (NOSB) Spring 2019 Meeting:
                https://www.ams.usda.gov/event/national-organic-standards-board-nosb-meeting-seattle-wa.
                 \2\ National Organic Standards Board (NOSB) Fall 2019 Meeting:
                https://www.ams.usda.gov/event/national-organic-standards-board-nosb-meeting-pittsburgh-pa.
                [[Page 15801]]
                 Table 1--Proposed Amendments to the National List
                ------------------------------------------------------------------------
                 National list
                 Substance section Proposed rule action
                ------------------------------------------------------------------------
                Potassium hypochlorite............ Sec. 205.601 Add to National
                 List.
                Fatty alcohols (C6, C8, C10, C12). Sec. 205.601 Add to National
                 List.
                Dairy cultures.................... Sec. 205.605 Remove from National
                 List.
                ------------------------------------------------------------------------
                II. Overview of Proposed Amendments
                 The following provides an overview of the proposed amendments to
                designated sections of the National List regulations:
                Sec. 205.601 Synthetic Substances Allowed for Use in Organic Crop
                Production
                 This proposed rule would add two substances to Sec. 205.601,
                synthetic substances allowed for use in organic crop production.
                Potassium Hypochlorite
                 The proposed rule would amend the National List to add potassium
                hypochlorite to Sec. 205.601(a) as a synthetic substance allowed for
                use as a pre-harvest sanitizer in irrigation water in organic crop
                production. Table 2 illustrates the proposed listing.
                 Table 2--Proposed Amendment for Potassium Hypochlorite
                ------------------------------------------------------------------------
                 Current rule: N/A
                ------------------------------------------------------------------------
                Proposed amendment: Add potassium hypochlorite to
                 Sec. 205.601(a)(2).
                ------------------------------------------------------------------------
                 In November 2018, AMS received a petition to add potassium
                hypochlorite as a synthetic substance allowed for use in organic crop
                production.3 4 The petition proposed to add potassium
                hypochlorite to Sec. 205.601 as a type of chlorine material that can
                be used as a pre-harvest sanitizer.
                ---------------------------------------------------------------------------
                 \3\ The initial petition for potassium hypochlorite was
                submitted in November 2018: https://www.ams.usda.gov/sites/default/files/media/PotassiumHypochloritePetition.pdf.
                 \4\ A revised petition for potassium hypochlorite was submitted
                in March 2019: https://www.ams.usda.gov/sites/default/files/media/PotassiumHypochloriteRevisedPetition03262019.pdf.
                ---------------------------------------------------------------------------
                 After considering the petition, the 2011 technical report on
                chlorine materials, and the public comments, the NOSB determined that
                this use of potassium hypochlorite meets the OFPA criteria for allowed
                synthetic substances in organic crop production.\5\ The NOSB concluded
                that potassium hypochlorite is similar to other chlorine materials
                allowed in organic crop production and allowing its use supports
                compliance with the Food Safety and Modernization Act (FSMA) (21 U.S.C.
                2201-2252) to sanitize irrigation water. In addition, the NOSB
                indicated that potassium hypochlorite has advantages over sodium
                hypochlorite, also an allowed chlorine material at Sec.
                205.601(a)(2)(iv), because potassium is a plant nutrient and is
                unlikely to increase soil salinization because it does not contain
                sodium.
                ---------------------------------------------------------------------------
                 \5\ Chlorine compounds technical report, 2011: https://www.ams.usda.gov/sites/default/files/media/Chlorine%202%20TR%202011.pdf. This technical report describes the
                manufacture, industry uses, regulation, and chemical properties of
                chlorine compounds. Information in this technical report is
                transferable to potassium hypochlorite.
                ---------------------------------------------------------------------------
                 The NOSB recommended adding potassium hypochlorite to Sec. 205.601
                as a synthetic substance allowed for use as a pre-harvest sanitizer for
                use in irrigation water in organic crop production. The recommendation
                also specified that the concentration of potassium hypochlorite in
                irrigation water should not exceed maximum residual disinfectant limits
                specified under the Safe Drinking Water Act (SDWA) (42 U.S.C. 300(f) et
                seq.).6 7 Notably, the recommendation also explained the
                intent for a more limited allowance for potassium hypochlorite in
                comparison to other allowed chlorine substances on the National List
                for crop production. The recommendation specified that an allowance for
                potassium hypochlorite be limited to irrigation water. Additional uses,
                including post-harvest, would be prohibited.
                ---------------------------------------------------------------------------
                 \6\ NOSB potassium hypochlorite recommendation: https://www.ams.usda.gov/sites/default/files/media/CSPotassiumHypochlorite.pdf.
                 \7\ Safe Drinking Water Act (SDWA) https://www.epa.gov/sdwa.
                ---------------------------------------------------------------------------
                 AMS concurs with the NOSB's determination that potassium
                hypochlorite is a synthetic substance and that the use of potassium
                hypochlorite satisfies the OFPA criteria for allowed synthetic
                substances in organic crop production. Consistent with the NOSB
                recommendation, this proposed rule would amend the National List by
                adding potassium hypochlorite to the National List as a type of
                chlorine material that can be used as a pre-harvest sanitizer. Given
                that the NOSB recommendation specified that potassium hypochlorite be
                allowed for irrigation water only, we are proposing that potassium
                hypochlorite would not be allowed for organic edible sprout production.
                This would clarify how the allowance for potassium hypochlorite is
                different from other allowed chlorine materials which are permitted for
                use in organic edible sprout production.
                Fatty Alcohols (C6, C8, C10,
                C12)
                 The proposed rule would amend the National List to add fatty
                alcohols (C6, C8, C10, C12)
                to Sec. 205.601 as a synthetic substance allowed for use in crop
                production. Table 3 illustrates the proposed listing.
                 Table 3--Proposed Amendment for Fatty Alcohols (C6, C8, C10, C12)
                ------------------------------------------------------------------------
                
                ------------------------------------------------------------------------
                Current rule: N/A.
                Proposed amendment: Add fatty alcohols (C6, C8,
                 C10, and/or C12) to Sec.
                 205.601(k).
                ------------------------------------------------------------------------
                 AMS received a petition to add fatty alcohols (C6,
                C8, C10, C12) to the National List for
                use in organic crop production.8 9 The petition identified
                the intended use as sucker control in tobacco production. The petition
                explained that sucker control in tobacco production improves yield and
                quality of the plant, reduces pest pressure and supports crop rotation
                practices.
                ---------------------------------------------------------------------------
                 \8\ Fatty alcohols petition, December 10, 2018: https://www.ams.usda.gov/sites/default/files/media/RevisedPetitionNaturalFattyAlcoholsforUseonOrganicTobaccoCrops.pdf.
                 \9\ In 2015, a petition was submitted for fatty alcohols
                octanol-decanol mix. The NOSB did not recommend listing this
                substance. The 2015 fatty alcohols petition and the corresponding
                2017 NOSB recommendation are available in the list of petitioned
                substances on the AMS website: https://www.ams.usda.gov/rules-regulations/organic/national-list/f.
                ---------------------------------------------------------------------------
                 After considering the petition, the technical report on fatty
                alcohols, and the public comments, the NOSB determined that this use of
                fatty alcohols meets the OFPA criteria for allowed synthetic substances
                in organic tobacco production.\10\ The NOSB concluded that the
                alternative materials for sucker control are ineffective and that fatty
                alcohols used for sucker
                [[Page 15802]]
                control are essential for organic tobacco production. Further, the NOSB
                also cited human health issues from manual desuckering which can cause
                nicotine poisoning and other health issues in workers due to heavy
                exposure to the nicotine present in the tobacco plant through dermal
                (skin) exposure. Consequently, the NOSB recommended the addition of
                fatty alcohols (C6, C8, C10,
                C12) to the National List for organic tobacco
                production.\11\
                ---------------------------------------------------------------------------
                 \10\ Fatty alcohols technical report, 2016: https://www.ams.usda.gov/sites/default/files/media/FattyAlcohols020217.pdf.
                 \11\ NOSB recommendation for fatty alcohols, October 2019:
                https://www.ams.usda.gov/sites/default/files/media/CSFattyAlcoholsFinalRec_0.pdf.
                ---------------------------------------------------------------------------
                 AMS concurs with the NOSB's determination that fatty alcohols are a
                synthetic substance and that the use of fatty alcohols satisfies the
                OFPA criteria for allowed synthetic substances. Some discussion opined
                that the use of fatty alcohols for desuckering is primarily for
                economic benefit and that manual desuckering of tobacco plants, while
                more expensive, is the only method compatible with organic production.
                AMS is not persuaded by that argument because manual desuckering may
                pose adverse health risks to workers due to contact with tobacco
                plants. There are no alternative practices or allowed materials under
                current USDA organic regulations that perform this function. Therefore,
                AMS concurs that this substance is necessary for organic tobacco
                production and is consistent with organic farming. This proposed rule
                would amend the National List by adding fatty alcohols (C6,
                C8, C10, and/or C12) for sucker
                control in organic tobacco production.
                 The parenthetical content (C6, C8,
                C10, and/or C12) for the proposed listing
                specifies the range of alcohols that would be included in this listing.
                AMS is proposing that fatty alcohol products allowed for sucker control
                in organic production may contain either some or all of these fatty
                alcohols. NOP understands that referring to the carbon chain length of
                fatty alcohols are commonly understood by industry and regulation. In
                listing ``C6, C8, C10, and/or C12'' as allowed fatty alcohols, it
                should be understood that these carbon chain designations refer to 1-
                hexanol, 1-octanol, 1-decanol, and 1-dodecanol. AMS welcomes comments
                on whether the proposed listing provides the clarity for material
                reviewers to clearly determine which products would be permitted for
                sucker control in organic tobacco production.
                Sec. 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))''
                 This proposed rule would remove one substance from Sec. 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)).''
                Dairy Cultures
                 The proposed rule would amend the National List by removing dairy
                cultures as a nonsynthetic nonagricultural substance listed in Sec.
                205.605(a) for use in organic handling. The NOSB recommended removing
                dairy cultures from the National List because dairy cultures are
                allowed under the listing for ``microorganisms'' in Sec. 205.605.\12\
                The NOSB determined that dairy cultures is a redundant listing and that
                removing dairy cultures would have no negative impacts because these
                ingredients would continue to be allowed in organic handling. In
                addition, the NOSB indicated that permitted ancillary substances in
                dairy cultures would continue to be allowed under the
                ``microorganisms'' listing.
                ---------------------------------------------------------------------------
                 \12\ The NOSB recommended the removal of dairy cultures from the
                National List as part of its 2021 sunset review. The OFPA sunset
                provision (7 U.S.C. 6517(e)) requires the NOSB to review exemptions
                or prohibitions to the National List within 5 years of such
                exemption or prohibition being adopted or reviewed. The NOSB
                subsequently votes to remove a substance allowance or prohibition
                from the National List. The NOSB recommendation to remove dairy
                cultures is available here: https://www.ams.usda.gov/sites/default/files/media/HS2021SunsetReviews.pdf.
                ---------------------------------------------------------------------------
                 AMS concurs that microorganisms are inclusive of dairy cultures and
                that listing both dairy cultures and microorganisms on the National
                List is redundant. AMS' intent and belief are that current use patterns
                for approved dairy cultures would not be affected by the changes
                included in this proposed rule. Therefore, AMS is proposing to remove
                dairy cultures from the National List.
                III. Related Documents
                 AMS published two notices in the Federal Register announcing the
                April 2019 and October 2019 NOSB meetings: November 26, 2018 (83 FR
                60373) and May 22, 2019 (84 FR 23522). At these meetings, the NOSB
                deliberated on substances petitioned as amendments to the National List
                and substances under sunset review.
                IV. 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 to 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
                NOP website at https://www.ams.usda.gov/rules-regulations/organic/handbook.
                A. Executive Orders 12866 and Regulatory Flexibility Act
                 This action falls within a category of regulatory actions that the
                Office of Management and Budget (OMB) has exempted from Executive Order
                12866.
                 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
                [[Page 15803]]
                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. Certifying agents fall under the NAICS subsector, ``All
                other professional, scientific and technical services.'' For this
                category, the small business threshold is average annual receipts of
                less than $16.5 million.
                ---------------------------------------------------------------------------
                 \13\ Table 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.
                ---------------------------------------------------------------------------
                 AMS has considered the economic impact of this proposed rulemaking
                on small agricultural entities. Data collected by the USDA National
                Agricultural Statistics Service and the NOP indicate most of the
                certified organic production operations in the United States would be
                considered small entities. According to the 2019 Certified Organic
                Survey, 16,524 organic farms in the United States reported sales of
                organic products and total farmgate sales in excess of $9.9
                billion.\14\ Based on that data, organic sales average $601,000 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.
                ---------------------------------------------------------------------------
                 \14\ U.S. Department of Agriculture, National Agricultural
                Statistics Service. 2019 Organic Survey. https://www.nass.usda.gov/Publications/AgCensus/2017/Full_Report/Volume_1,_Chapter_1_US/. The
                number of organic farms includes only certified farms.
                ---------------------------------------------------------------------------
                 According to the NOP's Organic Integrity Database, there are 19,832
                organic handlers that are certified under the USDA organic regulations,
                of which 10,500 are based in the U.S.\15\ The Organic Trade
                Association's 2020 Organic Industry Survey \16\ 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.
                ---------------------------------------------------------------------------
                 \15\ Organic Integrity Database: https://organic.ams.usda.gov/Integrity/. Accessed on August 18, 2020.
                 \16\ 2020 Organic Industry Survey, Organic Trade Association.
                Available for purchase at https://ota.com/organic-market-overview/organic-industry-survey.
                ---------------------------------------------------------------------------
                 The USDA has 77 accredited certifying agents who provide organic
                certification services to producers and handlers. The certifying agent
                that reports the most certified operations, nearly 3,500, would need to
                charge approximately $4,200 in certification fees in order to exceed
                the SBA's small business threshold of $16.5 million. The costs for
                certification generally range from $500 to $3,500, depending on the
                complexity of the operation. Therefore, AMS expects that most of the
                accredited certifying agents would qualify as small entities under the
                SBA criteria.
                 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 two additional substances in organic crop
                production and remove one redundant listing from the regulations.
                Adding two substances to the National List would increase regulatory
                flexibility and would give small entities more tools to use in day-to-
                day operations. This action would also remove dairy cultures as a
                redundant listing and would have no impact on the industry. AMS
                reviewed comments submitted to the NOSB regarding the materials
                petitioned for inclusion on and recommended for removal from the
                National List. 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
                in order to avoid unduly burdening the court system. This proposed rule
                is not intended to have a retroactive effect.
                 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 Environmental Protection Agency under the Federal
                Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.).
                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 in accordance with the
                requirements of Executive Order 13175, Consultation and Coordination
                with Indian Tribal Governments. The review reveals that this regulation
                will not have substantial and direct effects on tribal governments and
                will not have significant tribal implications.
                F. 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 and to
                remove one substance from 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, Agriculture, Archives and
                records, Crops, Imports, Labeling, National list, National Organic
                Standards Board (NOSB), Organically produced products, Plants,
                Reporting and recordkeeping requirements, Seals and insignia, Soil
                conservation, Sunset.
                [[Page 15804]]
                 For the reasons set forth in the preamble, AMS proposes to amend 7
                CFR part 205 as follows:
                PART 205--NATIONAL ORGANIC PROGRAM
                0
                1. The authority citation for 7 CFR part 205 is revised to read as
                follows:
                 Authority: 7 U.S.C. 6501-6524.
                0
                2. Amend Sec. 205.601 by:
                0
                a. Revising paragraph (a)(2)(iv);
                0
                b. Adding paragraph (a)(2)(v); and
                0
                c. Revising paragraph (k).
                 The revisions and addition to read as follows:
                Sec. 205.601 Synthetic substances allowed for use in organic crop
                production.
                * * * * *
                 (a) * * *
                 (2) * * *
                 (iv) Potassium hypochlorite--not allowed for edible sprout
                production.
                 (v) Sodium hypochlorite.
                * * * * *
                 (k) As plant growth regulators.
                 (1) Ethylene gas--for regulation of pineapple flowering.
                 (2) Fatty alcohols (C6, C8, C10,
                and/or C12)--for sucker control in organic tobacco
                production.
                * * * * *
                Sec. 205.605 [Amended]
                0
                3. In Sec. 205.605, amend paragraph (a) by removing the words ``Dairy
                cultures''.
                Bruce Summers,
                Administrator, Agricultural Marketing Service.
                [FR Doc. 2021-05700 Filed 3-24-21; 8:45 am]
                BILLING CODE 3410-02-P
                

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