Unknown. Final rule; discussion of comments

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-05-10.xml --- 76 90 Tuesday, May 10, 2011 Contents Agricultural Marketing Agricultural Marketing Service RULES Importer Nominations to Dairy Promotion and Research Board: Dairy Promotion and Research Program, 26930-26931 2011-11015 National Organic Program: Ruminant Slaughter Stock Provision of Access to Pasture, 26927-26930 2011-11013 PROPOSED RULES Mango Promotion, Research, and Information Order; Assessment Increase, 26946-26948 2011-11042 Agricultural Research Agricultural Research Service NOTICES Intents to Grant Exclusive Licenses, 2011-11365 27002 2011-11366 Agriculture Agriculture Department See Agricultural Marketing Service See Agricultural Research Service See Forest Service See Natural Resources Conservation Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27001 2011-11297 Army Army Department See Engineers Corps Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request for Assistance for Child Victims of Human Trafficking, 27060-27061 2011-11364 Coast Guard Coast Guard RULES Safety Zones: Space Coast Super Boat Grand Prix, Atlantic Ocean, Cocoa Beach, FL, 26931-26933 2011-11341 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27071-27075 2011-11270 2011-11273 2011-11268 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27004-27005 2011-11338 Copyright Office Copyright Office, Library of Congress NOTICES Meetings: Section 302 Report, 27091-27092 2011-11226 Defense Department Defense Department See Engineers Corps See Navy Department NOTICES 36(b)(1) Arms Sales Notifications, 27022-27030 2011-11274 2011-11275 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27031-27034 2011-11257 2011-11390 2011-11392 2011-11393 Meetings: Equity and Excellence Commission, 27034-27035 2011-11256 Regional Advisory Committees, 27035 2011-11441 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Attestation by Employers using Alien Crewmembers for Longshore Activities in Alaska, 27090-27091 2011-11192 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements;

Availability, etc.: Indianapolis, White River (North), IN, Flood Damage Reduction Project, 27030-27031 2011-11347 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans: Connecticut; Prevention of Significant Deterioration; Greenhouse Gas Permitting Authority and Tailoring, 26933-26938 2011-11218 NOTICES Self-certification Program Authorizations: State of Washington; Lead-Based Paint Renovation, Repair and Painting, and Pre-Renovation Education Activities, etc., 27044-27048 2011-11437 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives:

Airbus Model A300 B2-1C, A300 B2-203, A300 B2K-3C, A300-B4-103, A300 B4-203, and A300 B4-2C Airplanes, 26962-26967 2011-11335 Embraer - Embraer - Empresa Brasileira de Aeronautica S.A. Model EMB-500 Airplanes, 26959-26962 2011-11334 Special Conditions: Boeing Model 747-8 Series Airplanes; Overhead Flight Attendant Rest Compartment, 26949-26957 2011-11368 Boeing, Model 747-8 Series Airplanes; Door 1 Extendable Length Escape Slide, 26957-26959 2011-11294 NOTICES Airmen Transition to Experimental or Unfamiliar Airplanes, 27168 2011-11414 Meetings:

Air Traffic Procedures Advisory Committee, 27168-27169 2011-11369 Passenger Facility Charge Approvals and Disapprovals, 27169-27170 2011-11154 Federal Communications Federal Communications Commission PROPOSED RULES Improving Wireless Coverage through Use of Signal Boosters, 26983-26996 2011-11135 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27048-27053 2011-11346 2011-11375 2011-11376 2011-11377 2011-11379 2011-11380 Meetings; Sunshine Act, 27053-27054 2011-11582 Federal Emergency Federal Emergency Management Agency RULES Changes in Flood Elevation Determinations, 26941-26945 2011-11306 2011-11416 Suspensions of Community Eligibility, 26938-26941 2011-11301 PROPOSED RULES Proposed Flood Elevation Determinations, 26968-26980 2011-11411 2011-11418 2011-11425 Proposed Flood Elevation Determinations;

Correction, 26980-26983 2011-11245 2011-11292 2011-11298 NOTICES Major Disaster Declarations: Alabama; Amendment No. 1, 27076-27077 2011-11310 Alabama; Amendment No. 2, 27075-27076 2011-11300 Alabama; Amendment No. 3, 27076 2011-11312 Georgia; Amendment No. 1, 27077 2011-11309 Mississippi; Amendment No. 1, 27077 2011-11282 Oklahoma, 27076 2011-11311 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 27035-27044 2011-11319 2011-11320 2011-11321 2011-11322 2011-11372 2011-11373 Federal Railroad Federal Railroad Administration NOTICES Applications for Approval of Discontinuance or Modification of Railroad Signal System, 27170-27171 2011-11281 Partial Relief from Emergency Order No. 21:

Northwestern Pacific Railroad Co., 27171-27172 2011-11272 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27054-27056 2011-11323 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 27056 2011-11541 Federal Trade Federal Trade Commission NOTICES Proposed Consent Orders; Analysis: Lookout Services, Inc., 27056-27058 2011-11182 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27172-27173 2011-11353 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Designation of Critical Habitat for Lepidium Papilliferum (Slickspot Peppergrass), 27184-27215 2011-10753 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Guidance for Industry on Updating Labeling for Susceptibility Test Information, etc., 27061-27062 2011-11359 Information from United States Firms and Processors that Export to European Community, 27061 2011-11360 Biologics Price Competition and Innovation Act of 2009:

Options for User Fee Program for Biosimilar and Interchangeable Biological Product Applications, etc., 27062-27067 2011-11348 Forest Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Recreation Program Administration, 27002-27003 2011-11293 Meetings: Olympic Peninsula Resource Advisory Committee, 27003 2011-11342 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Special Volunteer and Guest Researcher Assignment, 27058-27059 2011-11406 Considerations on Federal Vaccine Safety System; Solicitation of Written Comments: Draft Report and Draft Recommendations of Vaccine Safety Working Group, 27059-27060 2011-11401 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27067-27068 2011-11396 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services See U.S. Customs and Border Protection See U.S. Immigration and Customs Enforcement Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Choice Neighborhoods, 27082 2011-11258 FHA-Insured Mortgage Loan Servicing of Delinquent, Default, and Foreclosure Loans with Service Members, 27082-27083 2011-11262 Environmental Impact Statements; Availability, etc.: Yesler Terrace Redevelopment Project, 27083-27084 2011-11265 Section 8 Housing Assistance Payments Program—Renewal Funding Annual Adjustment Factors, Fiscal Year 2011, 27084-27085 2011-11263 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission See National Park Service Internal Revenue Internal Revenue Service NOTICES Quarterly Publication of Individuals, Who Have Chosen To Expatriate, 27175-27182 2011-11299 International Trade Adm International Trade Administration NOTICES Antidumping Duty Changed Circumstances Reviews;

Initiation and Preliminary Results: Polyethylene Terephthalate Film, Sheet, and Strip from Republic of Korea, 27005-27006 2011-11389 Antidumping Duty Orders and Extensions of Final Determinations; Affirmative Preliminary Determination of Circumvention: Steel Wire Garment Hangers from People's Republic of China, 27007-27016 2011-11394 International Trade Com International Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27088-27089 2011-11241 Judicial Conference Judicial Conference of the United States NOTICES Meetings:

Advisory Committee on Rules of Appellate Procedure, 27089 2011-11384 Advisory Committee on Rules of Bankruptcy Procedure, 27089 2011-11383 Advisory Committee on Rules of Civil Procedure, 27090 2011-11388 Advisory Committee on Rules of Criminal Procedure, 27089 2011-11386 Advisory Committee on Rules of Evidence, 27090 2011-11385 Committee on Rules of Practice and Procedure, 27089 2011-11382 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 27085-27086 2011-11289 Filings of Plats of Surveys: Minnesota, 27086 2011-11349 Library Library of Congress See Copyright Office, Library of Congress National Archives National Archives and Records Administration NOTICES Opening of Materials: Nixon Presidential Historical Materials, 27092 2011-11533 National Foundation National Foundation on the Arts and the Humanities NOTICES National Endowment for Humanities FY 2010 Service Contract Inventory;

Availability, 27092-27093 2011-11229 National Highway National Highway Traffic Safety Administration PROPOSED RULES New Corporate Average Fuel Economy Standards: Intent to Prepare Environmental Impact Statement, 26996-27000 2011-11278 National Indian National Indian Gaming Commission PROPOSED RULES Regulatory Review Schedule, 26967-26968 2011-11284 National Institute National Institute of Standards and Technology NOTICES Evaluating Test Procedures for Voting Systems, 27016 2011-11443 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 27070-27071 2011-11397 Center for Scientific Review; Cancellation, 27069 2011-11404 National Cancer Institute, 27069-27070 2011-11402 National Heart, Lung, and Blood Institute, 27068 2011-11398 National Institute of Allergy and Infectious Diseases, 27069-27070 2011-11399 2011-11400 National Oceanic National Oceanic and Atmospheric Administration NOTICES Endangered and Threatened Species: Take of Anadromous Fish, 27016-27017 2011-11451 Take of Anadromous Fish;

Applications, 27017-27019 2011-11449 Meetings: Interagency Ocean Observation Committee, Data Management and Communications Steering Team, 27019-27020 2011-11317 Mid-Atlantic Fishery Management Council, 27019 2011-11324 National Climate Assessment and Development Advisory Committee, 27020 2011-11442 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Apostle Islands National Lakeshore, 27086-27087 2011-11412 Winter Use Plan, Yellowstone National Park, 27087-27088 2011-11408 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2011-11339 27093-27094 2011-11395 National Resources Natural Resources Conservation Service NOTICES Meetings: Agricultural Air Quality Task Force, 27003-27004 2011-11405 Navy Navy Department NOTICES Meetings: U.S. Naval Academy Board of Visitors, 27031 2011-11328 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Applications and Amendments to Facility Operating Licenses, 27094-27101 2011-11225 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on Radiation Protection and Nuclear Materials, 27101-27102 2011-11354 Advisory Committee on Reactor Safeguards;

Subcommittee on Economic Simplified Boiling Water Reactor, 27102 2011-11361 Advisory Committee on Reactor Safeguards; Subcommittee on Fukushima, 27103 2011-11356 Advisory Committee on Reactor Safeguards; Subcommittee on U.S. Advanced Pressurized Power Reactor, 27102 2011-11363 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act: Closed Portion, 27103 2011-11513 Public Hearing, 27103 2011-11511 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Representative and Address Provisions, 27020-27022 2011-11378 Recovery Recovery Accountability and Transparency Board NOTICES Privacy Act; Systems of Records, 27103-27105 2011-11296 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: C2 Options Exchange, Inc., 27112-27114, 27117-27118 2011-11313 2011-11357 Chicago Board Options Exchange, Inc., 27108-27111, 27125-27127 2011-11358 2011-11362 2011-11381 Financial Industry Regulatory Authority, Inc., 27123-27125 2011-11325 NASDAQ OMX PHLX LLC, 27105-27108 2011-11315 NASDAQ Stock Market LLC, 27134-27136 2011-11326 NYSE Amex LLC, 27118-27121, 27136-27137 2011-11318 2011-11337 NYSE Arca, Inc., 27114-27117, 27122-27123, 27127-27134 2011-11314 2011-11316 2011-11327 Small Business Small Business Administration PROPOSED RULES Meetings:

Small Business Jobs Act Tour; Selected Provisions Having an Effect on Government Contracting; Correction, 26948-26949 2011-10921 NOTICES Major Disaster Declarations: Alabama, 27141 2011-11428 Alabama; Amendment 1, 27140-27141 2011-11431 Alabama; Amendment 2, 27139 2011-11429 Alabama; Amendment 3, 27140 2011-11447 Arkansas, 27139-27140 2011-11420 2011-11427 Georgia, 27138, 27142 2011-11436 2011-11445 Georgia; Amendment 2, 27141 2011-11426 Mississippi, 27139-27140 2011-11433 Mississippi;

Amendment 1, 27141-27143 2011-11434 2011-11446 Tennessee, 27137-27138 2011-11423 2011-11424 Social Social Security Administration NOTICES Meetings: Future Systems Technology Advisory Panel, 27143 2011-11240 State Department State Department NOTICES Bureau of Educational and Cultural Affairs Request for Cooperative Agreement Proposals: English Language Fellow Program for Academic Year 2012-2013, 27143-27149 2011-11430 Bureau of Educational and Cultural Affairs Request for Grant Proposals:

Access Teacher Development Online Program, 27149-27156 2011-11421 Teacher Exchange Program, 27156-27164 2011-11432 Extension of Accreditation Agreement with Colorado Department of Human Services, 27164-27167 2011-11409 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Lassen Valley Railway, LLC, Washoe County, NV and Lassen County, CA, 27173 2011-11336 Acquisitions and Operation Exemptions: Carolina Coastal Railway, Inc.; Rocky Mount and Western Railroad Co., Inc. d/b/a Nash County Railroad, 27173-27174 2011-11340 Transportation Department Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board NOTICES Applications for Certificates of Public Convenience and Necessity and Foreign Air Carrier Permits, 27167-27168 2011-11343 Aviation Proceedings;

Agreements, 27168 2011-11344 Treasury Treasury Department See Internal Revenue Service See United States Mint NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 27174 2011-11280 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alien's Change of Address Card, 27077-27078 2011-11413 Request for Certification of Military or Naval Service, 27078-27079 2011-11417 Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Pay Off or Discharge Alien Crewman, 27080-27081 2011-11351 Declaration of Unaccompanied Articles, 27079-27080 2011-11352 Notice of Detention, 27079 2011-11247 Immigration U.S. Immigration and Customs Enforcement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Relating to Beneficiary of Private Bill, 27081-27082 2011-11308 U.S.

Mint United States Mint NOTICES Pricing for American Eagle and American Buffalo Bullion Presentation Cases, 27182 2011-11290 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 27184-27215 2011-10753 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 90 Tuesday, May 10, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS-NOP-11-0030;

NOP-11-07] National Organic Program; Notice on the Ruminant Slaughter Stock Provision of the Access to Pasture Rule AGENCY: Agricultural Marketing Service, USDA. ACTION: Final rule; discussion of comments. SUMMARY: This document informs the general public that no further action will be taken by the National Organic Program

(NOP)to amend the provision on ruminant slaughter stock under the NOP regulations. This document provides a summary of the comments received in response to a request for comments on the ruminant slaughter stock requirements as codified by the final rule on access to pasture published on February 17, 2010. Based upon the comments received, the rationale behind the decision to retain the section on livestock living conditions for ruminant slaughter stock as codified under the NOP regulations is discussed. FOR FURTHER INFORMATION CONTACT: Melissa Bailey, PhD, Director, Standards Division, National Organic Program, USDA-AMS-NOP, 1400 Independence Ave., SW., Room 2646-So., Ag Stop 0268, Washington, DC 20250-0268; *telephone:*

(202)720-3252; facsimile

(202)205-7808; or *electronic mail:* *Melissa.Bailey@usda.gov.* SUPPLEMENTARY INFORMATION: The NOP is authorized by the Organic Foods Production Act

(OFPA)of 1990, as amended (7 U.S.C. 6501-6522). The Agricultural Marketing Service

(AMS)administers the NOP. Under the NOP, the AMS oversees national standards for the production, handling, and labeling of organically produced agricultural products. Final regulations implementing the National Organic Program

(NOP)were published December 21, 2000 (65 FR 80548), and became effective on October 21, 2002. On February 17, 2010, the NOP published a final rule on the access to pasture requirements for livestock (75 FR 7154). This rule established certain conditions that operations raising ruminant slaughter stock (also called “finish feeding” operations) must meet under § 205.239(d) of the NOP regulations. During the finishing period, ruminant slaughter stock are exempt from the minimum 30 percent Dry Matter Intake

(DMI)requirement from grazing that other ruminants must meet under the livestock feed requirements at § 205.237 of the NOP regulations. However, producers must maintain slaughter stock on pasture for each day that their finishing period overlaps with the grazing season for the operation's geographical location. Another condition is that the finishing period is limited to one-fifth ( 1/5 ) of the animal's total life or 120 days, whichever is shorter. Although the access to pasture rule was issued as a final rule, the NOP invited public comments on the ruminant slaughter stock provision at § 205.239(d) of the NOP regulations. As discussed in the preamble of the final rule (75 FR 7176), the NOP determined that it would be prudent to accept comment on this provision because the proposed rule for access to pasture (73 FR 63584) did not include an exception for ruminant slaughter stock from the new livestock feed and living condition requirements and, thus, could benefit from additional public comment. In the final rule, the NOP requested comments on three issues related to the ruminant slaughter stock provision:

(1)Infrastructural hurdles and regional differences that should be considered,

(2)the length of the finishing period, and

(3)the use of feedlots for finishing organic slaughter stock. The 60-day comment period closed on April 19, 2010. The NOP received over 500 individual and 14,000 form letter public comments in response to the request for comments on ruminant slaughter stock. The NOP opted to supplement the analysis of the comments received with two site visits of organic finish feeding operations in December 2010. The comments received addressed all three issues for which we had requested feedback as well as some additional issues ( *e.g.* labeling) for which we had not specifically solicited comments. We received comments from organic beef producers, state government agencies, animal welfare organizations, consumer organizations, certifying agents, retailers, and a trade association. Based upon the comments received, the NOP does not believe that action is warranted to amend the provision on ruminant slaughter stock at § 205.239(d) of the NOP regulations. We are issuing this document to inform certified operations, certifying agents, and the general public that further rulemaking will not be pursued by the NOP at this time. Furthermore, we are issuing this document to provide a discussion of the comments received and the rationale behind our decision to retain § 205.239(d) as codified by the access to pasture final rule published on February 17, 2010. The NOP would like to reiterate that operations certified as of February 17, 2010 (the publication date of the rule) need to be in full compliance with the rule, including the provision on ruminant slaughter stock at § 205.239(d) of the NOP regulations, by June 17, 2011. New organic livestock operations must be in full compliance with the rule now. Discussion of Comments Received on Infrastructural Challenges One infrastructural consideration cited in many comments submitted by organic beef producers was their concern over the feasibility of maintaining slaughter stock on pasture without degradation to the environment. Their environmental concerns fell into two areas:

(1)The potential disruption to proper nutrient cycling, and

(2)soil and water contamination. With regard to nutrient cycling, many comments suggested that if slaughter stock is allowed access to pasture, then their operations would be unable to collect the manure for application to crops, thus, adversely impacting the nutrient cycling on their farms. These commenters asserted that valuable nutrients would be left on pasture, instead of captured and used on cropland, and that this would require them to purchase off-farm organic fertilizers for their crops. One commenter further explained that their operation had worked with the Natural Resource Conservation Service

(NRCS)to invest in a settling basin for the collection of runoff from the finish feeding yard such that it could be used to fertilize their organic crops. They suggested that requiring them to maintain slaughter stock on pasture would eliminate the benefit of that investment. In consideration of these comments on nutrient cycling, we ascertained how the requirement to maintain slaughter stock on pasture would impact the ability of beef producers to promote nutrient cycling on their farms. We believe that maintaining slaughter stock on pasture will not necessarily be an impediment to proper nutrient cycling. For the period of time that the finishing period corresponds with the grazing season and, thus, when slaughter stock will need to be maintained on pasture, nutrients from manure would be fertilizing the pasture areas instead of captured for use on cropland. While some producers might prefer to capture and use these nutrients on cropland as an alternative to purchasing organic fertilizers, the application of manure nutrients on pasture does not equate to environmental degradation as long as the pasture is appropriately managed as part of an operation's organic system. We also believe that the provision does not preclude the collection of manure during the non-grazing season and that most producers who have infrastructure to capture runoff will continue to benefit from this infrastructure. With the new provisions at § 205.239(d), the period of time during which producers would collect manure from their feeding area would only decrease by the number of days that the finishing period corresponds to the grazing season ( *i.e.* the days when the animals must be maintained on pasture). During the non-grazing season, producers will still be able to collect the majority of the manure from feed areas as they collect now and can continue to apply the manure they collect to their cropland. With regard to soil and water contamination, some commenters expressed concern over the compaction and runoff issues that could arise by allowing slaughter stock access to pasture areas near their feed yards, especially after inclement weather, or because of the long distances animals would need to travel to reach pasture areas. These comments cited concern over erosion of animal lanes or walkways and suggested that allowing the use of lanes or walkways might conflict with the USDA Natural Resource Conservation Service

(NRCS)plans for nutrient and soil management of paddocks. We acknowledge that there can be farm specific conditions (e.g. areas that receive heavy rainfall) under which providing access to pasture areas would present a risk to soil and water quality. However, producers already have the option of including a description in their Organic System Plan

(OSP)of conditions under which they anticipate confining livestock in a yard or feeding pad due to a risk to soil and water quality per § 205.239(b)(4) of the NOP regulations. Therefore, we do not agree that a change is warranted to remove the “maintain on pasture” language in the slaughter stock provision at § 205.239(d) since producers already have a mechanism through the NOP to address instances during which soil or water quality may be put at risk by allowing animals on pasture. In addition, if producers need to use lanes or walkways because of their farm layout, then these should be managed accordingly to prevent erosion. We encourage producers to engage NRCS in discussion about how their management approach might need modification so they can maintain slaughter stock on pasture during the period required by the NOP regulations. Another infrastructural issue raised by producers is that existing feeding yards and areas have not been constructed near pasture areas, making it difficult and cost prohibitive to provide a pasture area to slaughter stock. A few commenters also suggested that putting feed bunks or feeding grains in the pasture would be expensive and could damage pasture by encouraging overuse of the areas that had feed bunks. Additional comments propose that this would also present a challenge with fencing to keep the slaughter stock separate from other groups on pasture ( *e.g.,* a bull with cows); one commenter pointed out this would be especially difficult if multiple age groups needed to be managed separately. As a point of clarification, the provision does not require producers to provide feed rations to slaughter stock on the pasture. The provision at § 205.239(d) states that “yards, feeding pads, or feedlots *may* (emphasis added) be used to provide finish feeding rations” during the period when slaughter stock must be maintained on pasture. For example, a producer with a yard or feeding pad located near a pasture area might choose to install a lane from the yard to the pasture so animals can use the pasture during the day while retaining access to their feed ration provided at the yard or feeding pad. For those with different configurations, we recognize that they will need to make adjustments to make the infrastructure compatible with the requirement to maintain animals on pasture for certain periods. However, we believe that the requirement to maintain slaughter stock on pasture for these periods is consistent with what has always been a requirement of the NOP regulations: Providing ruminants with access to pasture. We received some comments that, in the absence of regulatory action by the NOP, producers have guided their management practices using the 2001 and 2005 National Organic Standards Board

(NOSB)recommendations which do not specify a requirement to maintain slaughter stock on pasture during the finishing period. It is critical to remember that NOSB recommendations are not codified and, therefore, are not legally binding. Prior to the access to pasture final rule, the NOP regulations did not have an allowance for the finishing of slaughter stock and, therefore, not providing access to pasture during the finishing period was a violation of the NOP regulations. Discussion of Comments Received on the Length of the Finishing Period The majority of comments received voiced support for a finishing period during which slaughter stock would have access to pasture. Several comments received from producers suggested changing the length of the finishing period from a 120-day, or one-fifth of life, (whichever is shorter) maximum, to either a 140-day or 160-day maximum. Their rationale was that the additional time on feed would enable them to obtain choice grade beef. One commenter further explained that the 120-day maximum may not be adequate if the nutritional quality of grain were to decrease in a particular year because of crop conditions. Commenters expressed that this issue of grading choice could be further exacerbated by the fact that slaughter stock must be maintained on pasture during the finishing period. Since slaughter stock on pasture will graze during the finishing period and, thus, may consume less grain, commenters explained that there may be a lower rate of gain and lower carcass grade attained in the final product. There was also uncertainty among commenters about whether the “one-fifth of life” condition in the rule would be sufficient for optimizing carcass quality for bovines that reach slaughter weight earlier than 20 months of age. However, some producers agreed that, on average, a 120-day finishing period for bovines tends to be adequate and supported the rule as written. This position is further supported by both the comments received on the proposed rule for access to pasture and the NOSB recommendations from 2001 and 2005, which included a 120-day maximum finishing period as part of their recommendations. We believe that the record supports retaining the 120-day/one-fifth of life finishing period language as currently written at § 205.239(d). Many beef producers stated that they were currently complying with the 2001 NOSB recommendation and emphasized their support for this recommendation. The 2001 NOSB recommendation, which was supported by these comments, references a 120-day finishing period. Furthermore, the 2005 NOSB recommendation states that the Board received comments from beef producers who indicated that 120-days is the amount of time needed to achieve “choice” grades of beef. In addition, as discussed in the access to pasture final rule (75 FR 7176), the 120-day period was also based upon the typical time frame for finishing beef cattle at 18-24 months of age. The one-fifth of life language was added to account for livestock who are slaughtered at a much younger age than is typical for beef animals. We believe it is important to retain the one-fifth of life as part of the provision, because, in its absence, there could be cases in which young animals would be denied access to pasture for the majority of their lives. This would not meet the intent of the access to pasture requirements for all ruminants. Among the animal welfare and environmental organizations who commented, several opposed any finishing period during which livestock are exempt from the 30% DMI from pasture. The comments particularly target the practice of grain finishing that is facilitated by the finish feeding exemption. Some of these comments requested a shorter finishing period if the 30% DMI from pasture exemption is retained. Other comments voiced conditional support for the 120-day finishing period dependent upon the retention and clarification of the requirement to maintain livestock on pasture during the finishing phase. Some comments received from animal welfare organizations suggested that the finishing period is too long, but did not explicitly state their reasoning for suggesting a shorter finishing period. A few comments, both stating their overall support for the ruminant slaughter stock provision, recommended that certifying agents be allowed to determine the length of the finishing period that is appropriate for regional conditions and species-specific differences. We believe that the new requirement at § 205.239(d) as codified addresses many of these concerns while providing sufficient flexibility to organic livestock producers. It allows producers who feed grain to achieve a certain type of organic product to continue to do so while ensuring that ruminants are maintained on pasture for a period of time that meets the intent of the access to pasture rule, which is, in part, to accommodate the natural grazing behavior of ruminants. However, it would not be reasonable to require that 30% of the animal's DMI come from grazing during the finishing period because of the amount of grain and free choice hay that is typically consumed by slaughter stock, even when these animals are maintained on pasture. We also believe that setting a specific standard of 120 days or one-fifth of life, rather than allowing certifying agents to determine the finishing period, will ensure consistency across certifiers and a level playing field for all producers. Discussion of Comments Received on the Use of Feedlots Many comments opposed the exemption of slaughter stock from the 30% DMI requirement during the finishing period and the allowance for providing feed rations in yards, feeding pads, or feedlots. One producer disagreed with allowing slaughter stock to be confined for any period of time and would prefer a provision that requires animals to be maintained on pasture their entire lives, not just the period of time when finishing overlaps with the grazing season. Comments received from animal welfare advocacy groups also emphasized that exempting slaughter stock from being on pasture at all times is unnecessary because they believe that the majority of organic producers do not confine their beef to feedlots at any time. These comments further asserted that allowing the finishing of animals in feed yards is contrary to the requirement under the NOP regulations to accommodate the natural behaviors of the animals. A few comments detailed some of the animal health and welfare drawbacks to grain feeding ruminants in feeding areas and advocated for a complete ban on providing finish rations in feed yards, feeding pads or feedlots. One comment suggested that the entire exemption for ruminant slaughter stock be deleted, arguing that finish feeding operations should have to meet consumer expectations by following all of the access to pasture requirements of the NOP regulations. While we recognize the concerns raised by commenters about confinement and animal health and welfare issues associated with feedlots, yards, and feeding areas, we believe that these concerns are already addressed throughout the NOP regulations and do not require an amendment to the finish feeding provisions. For example, under § 205.239(a) of the NOP regulations, producers are already required to maintain year-round livestock living conditions which accommodate the health and natural behavior of animals, except when temporary confinement is deemed necessary according to § 205.239(b) and (c). The health and welfare of slaughter stock is also addressed by ensuring that yards, feeding pads, and feedlots are large enough to allow all ruminants occupying the area to feed simultaneously without crowding and without competition for food (§ 205.239(d)). Total confinement of ruminants in yards, feeding pads, and feedlots is prohibited per § 205.239(a)(1). Furthermore, producers are already required to manage their livestock feed to ensure the health of their animals in accordance with § 205.237 and § 205.238(a)(2). We also believe that the requirement at § 205.239(d) to maintain slaughter stock on pasture when the finishing period overlaps with the grazing season ensures that animals will have an opportunity to graze when forage is available. Discussion of Comments Received on Labeling and Grass-Fed Products Many commenters suggested that there is a place for both grass finished and grain finished beef in the organic market. One commenter put forth a proposal for a 3-tier labeling system: “Organic—Grass Fed/Grain Finished,” “Organic—Grass Fed/Finished on Pasture with Supplemental Grain Feeding,” “Organic—100% Grass Fed/Grass Finished.” Their recommendation suggested that the “Organic—100% Grass-fed/Grass Finished” label be a hybrid of the organic standards and the Agricultural Marketing Service

(AMS)Quality Systems Verification Program standards for “USDA grass-fed.” The comments supporting this approach suggested that this labeling scheme would accommodate the diversity of current practices in organic meat production and the diversity in consumer preference by enabling consumers to differentiate among the types of finishing practices. Some commenters did not recommend that NOP adopt a new labeling scheme, but instead advised that the organic regulations require grass-fed claims on organic meat products to adhere to the AMS grass-fed standard. Furthermore, these commenters requested that the NOP facilitate a means to obtain organic certification and grass-fed verification simultaneously via the certifying agent of the certified operation. Other commenters advised that grass-fed label claims are not and should not be within the purview of NOP. Each producer, they stated, can elect to pursue claims, such as grass-fed, in addition to and separate from organic certification. We do not believe it is practical for the NOP to undertake the labeling scheme recommended by some commenters. The existing NOP regulations do not preclude producers from consulting with the USDA Food Safety and Inspection Service

(FSIS)about the possibility of modeling their labels upon the scheme described by the commenters. It is important to note that organic producers may request verification for a “Grass Fed” label claim through the AMS grass-fed process verified standard at any time. In addition, the NOP identified what would be required for certifying agents who certify organic to offer “Grass Fed” verification under their accreditation scope. The certifying agent would need to be approved under the ISO Guide 65 program for organics, request an expansion of their accreditation to include “Grass Fed” through AMS Audit, Review, and Compliance

(ARC)Services, and engage in a review of the process at their next onsite audit with ARC. We encourage certifiers to contact the NOP for additional information if they are interested in pursuing this option. Dated: April 28, 2011. Rayne Pegg, Administrator, Agricultural Marketing Service. [FR Doc. 2011-11013 Filed 5-9-11; 8:45 am]

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