Unknown. Final rule

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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-2017-07-06.xml --- 82 128 Thursday, July 6, 2017 Contents Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Sweet Onions Grown in the Walla Walla Valley of Southeast Washington and Northeast Oregon, 31244-31245 2017-14177 National Organic Program: Sunset 2017 Amendments to the National List, 31241-31244 2017-14006 Agriculture Agriculture Department See Agricultural Marketing Service See Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31283 2017-14169 Army Army Department NOTICES Meetings: Army Science Board, 31312 2017-14160 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31331-31333 2017-14109 Civil Rights Civil Rights Commission NOTICES Meetings: Delaware Advisory Committee, 31290 2017-14092 Tennessee Advisory Committee, 31290 2017-14093 Coast Guard Coast Guard RULES Drawbridge Operations:

Hutchinson River, New York, NY, 31254-31255 2017-14171 Jamaica Bay, Queens, NY, 31255 2017-14103 Mill River, New Haven, CT, 31253-31254 2017-14164 Safety Zones: Marine Events held in the Captain of the Port Long Island Sound Zone, 31257-31263 2017-14188 2017-14189 Oswego Harborfest 2017 Breakwall Fireworks Display; Oswego Harbor, Oswego, NY, 31255-31257 2017-14150 NOTICES Meetings: National Boating Safety Advisory Council; Input to Support Regulatory Reform of Coast Guard Regulations;

New Task, 31340-31341 2017-14255 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31310-31311 2017-14098 Defense Department Defense Department See Army Department See Engineers Corps NOTICES Meetings:

Defense Advisory Committee on Investigation Prosecution and Defense of Sexual Assault in the Armed Forces, 31312-31313 2017-14198 Defense Advisory Committee on Military Personnel Testing, 31313 2017-14155 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Direct Loan Program and Federal Family Education Loan Program Teacher Loan Forgiveness Forms, 31314-31315 2017-14132 Employee Benefits Employee Benefits Security Administration PROPOSED RULES Fiduciary Rule and Prohibited Transaction Exemptions;

Request for Information, 31278-31281 2017-14101 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Interconnection Facilities Studies Summary Prepared for the Proposed Northern Pass Transmission Project, 31315-31316 2017-14165 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Extending SC 31 (Carolina Bays Parkway), in Horry County, South Carolina, to connect to US 17, in Brunswick County, North Carolina, 31313-31314 2017-14214 Environmental Protection Environmental Protection Agency RULES Formaldehyde Emission Standards for Composite Wood Products;

Compliance Date Extension, 31267-31268 2017-14106 National Priorities List: Deletion of the Shpack Landfill Superfund Site; National Oil and Hazardous Substances Pollution Contingency Plan, 31263-31267 2017-14112 PROPOSED RULES National Priorities List: Deletion of the Shpack Landfill Superfund Site; National Oil and Hazardous Substances Pollution Contingency Plan, 31281-31282 2017-14113 NOTICES Cross-Media Electronic Reporting: Authorized Program Revision Approval, Georgia, 31322 2017-14215 Authorized Program Revision Approval, State of North Carolina, 31322-31323 2017-14207 Pesticide Product Registrations:

Product Cancellation Order for Certain Pesticide Registrations, 31320-31322 2017-14086 Transfers of Data: CACI/Emergent and Arctic Slope Mission Services, LLC, 31319-31320 2017-14201 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 31245-31250 2017-13949 Bombardier, Inc., Airplanes, 31250-31252 2017-13950 NOTICES Aeronautical Land-Use Assurances; Waivers: Bismarck Municipal Airport, Bismarck, ND, 31387-31388 2017-14218 Federal Communications Federal Communications Commission RULES Enabling Railroad Police Officers to Access Public Safety Interoperability and Mutual Aid Channels, 31270-31271 2017-14163 PROPOSED RULES Petitions for Reconsideration of Action in Rulemaking Proceeding, 31282 2017-14161 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31323-31325 2017-14162 2017-14217 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31325-31327 2017-14151 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 31327 2017-14285 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 31316-31319 2017-14148 2017-14149 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements;

Availability, etc.: I-94 Rehabilitation Project from East of I-94 to East of Conner Avenue in Detroit, MI, 31388 2017-14170 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31327-31329 2017-14140 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 31329-31330 2017-14209 Fish Fish and Wildlife Service NOTICES Endangered Species Permits; Applications, 31346-31347 2017-14146 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Approvals:

Premier Logistics, LLC; Tulsa, OK, 31291 2017-14175 Subzone Expansions; Applications: 5.11, Inc.; Foreign-Trade Zone 231, Stockton, CA, 31291 2017-14176 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Craig and Thorne Bay Ranger Districts, Tongass National Forest; AK; Prince of Wales Landscape Level Analysis Project, 31284-31287 2017-14138 Meetings: Alabama Resource Advisory Committee, 31289-31290 2017-14131 Coconino County Resource Advisory Committee, 31288 2017-14133 Eastern Region Recreation Resource Advisory Committee, 31283-31284 2017-14134 Lassen County Resource Advisory Committee, 31287, 31289 2017-14136 2017-14137 Southeast Washington Forest Resource Advisory Committee, 31288 2017-14135 General Services General Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Statement of Witness, 31330-31331 2017-14183 System for Award Management Registration Requirements for Prime Grant Recipients, 31331 2017-14185 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: iCoast—Did the coast change?, 31347-31349 2017-14192 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See National Institutes of Health See Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31333-31334 2017-14211 Approval of Entities That Certify Medical Review Officers, 31335-31336 2017-14154 Findings of Research Misconduct, 31334-31335 2017-14075 Meetings: Advisory Council on Alzheimer's Research, Care, and Services, 31333 2017-14156 Homeland Homeland Security Department See Coast Guard See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Exigent Health and Safety Deficiency Correction Certification, 31342-31343 2017-14179 Home Equity Conversion Mortgage Insurance Application for the Origination of Reverse Mortgages and Related Documents, 31343-31344 2017-14184 Understanding Rapid Re-Housing Study, 31344-31345 2017-14220 Interior Interior Department See Fish and Wildlife Service See Geological Survey See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews, 31292-31301 2017-14172 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Tapered Roller Bearings and Parts Thereof, Finished and Unfinished, from the People's Republic of China, 31301-31304 2017-14174 Welded ASTM A-312 Stainless Steel Pipe from the Republic of Korea, 31291-31292 2017-14173 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Intravascular Administration Sets and Components Thereof; Yangzhou Weideli Trade Co., Ltd., 31349-31350 2017-14194 Certain Motorized Self-Balancing Vehicles, 31350-31351 2017-14197 Justice Department Justice Department NOTICES Proposed Consent Decrees:

CERCLA, 31351-31352 2017-14193 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau RULES Final Supplementary Rule for Public Lands, Moab Field Office, Grand County, UT, 31268-31270 2017-13891 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cruise Vessel Security and Safety Training Provider Certification, 31388-31389 2017-14095 Uniform Financial Reporting Requirements, 31389 2017-14097 Requests for Administrative Waivers of the Coastwise Trade Laws:

Vessel DIAMOND SEAS, 31389-31390 2017-14094 Vessel WICKED WITCH, 31390 2017-14090 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31354-31355 2017-14102 Meetings: Ad Hoc Task Force on Science, Technology, Engineering and Mathematics Education, 31353 2017-14115 Aeronautics Committee, 31353-31354 2017-14119 Human Exploration and Operations Committee, 31352 2017-14118 Institutional Committee, 31353 2017-14117 Science Committee, 31354 2017-14120 Technology, Innovation and Engineering Committee, 31352-31353 2017-14116 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Identifying Experts in Prevention Science Methods to Include on NIH Review Panels, Office of Disease Prevention, 31337-31338 2017-14087 Guidance: Extension of Effective Date of NIH Policy on the Use of a Single Institutional Review Board for Multi-Site Research, 31336 2017-14190 Meetings: Center for Scientific Review, 31336-31337 2017-14126 2017-14127 2017-14128 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31305 2017-14125 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Groundfish Trawl Catcher Processor Economic Data Report, 31304-31305 2017-14124 Gulf of Alaska Catcher Vessel and Processor Trawl Economic Data Report, 31305-31306 2017-14123 Meetings: Mid-Atlantic Fishery Management Council; Correction, 31305 2017-14153 New England Fishery Management Council; Correction, 31307 2017-14152 Takes of Marine Mammals Incidental to Specified Activities:

Commercial Fireworks Displays in the Monterey Bay National Marine Sanctuary, 31306-31307 2017-14139 Takes of Marine Mammals: Sand Point City Dock Replacement Project in Sand Point, AK, 31400-31428 2017-14157 National Science National Science Foundation NOTICES Charter Renewals: National Science Foundation, 31355 2017-14158 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Walking-Working Surfaces and Personal Protective Equipment (Fall Protection Systems) for General Industry;

Approval of Collections of Information, 31252-31253 2017-14122 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Global Intellectual Property Academy Surveys, 31310 2017-14182 Submissions Regarding Correspondence and Regarding Attorney Representation, 31308-31309 2017-14181 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: New York City Permit Requirements for Transportation of Certain Hazardous Materials, 31390-31396 2017-14147 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 31355 2017-14114 Securities Securities and Exchange Commission NOTICES Applications:

Deregistration under Investment Company Act, 31369-31371 2017-14195 Joint Industry Plans: Bats BYX Exchange, Inc., Bats BZX Exchange, Inc., Bats EDGA Exchange, Inc., Bats EDGX Exchange, Inc., et al.; Correction, 31377-31378 2017-14199 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 31366-31369 2017-14144 Fixed Income Clearing Corp., 31356-31364, 31378-31384 2017-14142 2017-14145 Investors Exchange, LLC, 31377 2017-14143 LCH SA, 31364-31366 2017-14239 National Securities Clearing Corp., 31384-31386 2017-14141 The Options Clearing Corp., 31371-31376 2017-14187 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Individual, Corporate or Foundation, and Government Donor Letter Applications, 31386-31387 2017-14200 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31338-31340 2017-14083 2017-14104 Surface Transportation Surface Transportation Board RULES Publication Requirements for Agricultural Products; Rail Transportation of Grain, Rate Regulation Review, 31271-31277 2017-14180 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Maritime Administration See Pipeline and Hazardous Materials Safety Administration Security Transportation Security Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Critical Facility Information of the Top 100 Most Critical Pipelines, 31341-31342 2017-14159 Treasury Treasury Department NOTICES Requests for Information: Promoting Energy Independence and Economic Growth, 31396-31397 2017-14100 Separate Parts In This Issue Part II Commerce Department, National Oceanic and Atmospheric Administration, 31400-31428 2017-14157 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 128 Thursday, July 6, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 205 [Document Number AMS-NOP-16-0052; NOP-16-03] RIN 0581-AD52 National Organic Program (NOP); Sunset 2017 Amendments to the National List AGENCY:

Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: This final rule amends the National List of Allowed and Prohibited Substances (National List) within the U.S. Department of Agriculture's

(USDA)organic regulations, to prohibit the use of 8 substances in organic production and handling after June 27, 2017: Lignin sulfonate (for use as a floating agent); furosemide; magnesium carbonate; and the nonorganic forms of chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers. This action also renews 3 substances on the National List to continue to allow nonorganic forms of inulin-oligofructose enriched, Turkish bay leaves, and whey protein concentrate in organic products. This action addresses eleven recommendations submitted to the Secretary of Agriculture (Secretary) by the National Organic Standards Board

(NOSB)following its October 2015 meeting. These recommendations pertain to the NOSB's 2017 sunset review of a portion of the substances on the National List. DATES: This final rule is effective on August 7, 2017. The renewal of the substances inulin-oligofructose enriched, Turkish bay leaves, and whey protein concentrate for inclusion on the National List is applicable beginning on June 27, 2017. FOR FURTHER INFORMATION CONTACT: Paul Lewis, Ph.D., Director, Standards Division, *Telephone:*

(202)720-3252; *Fax:*

(202)260-9151. SUPPLEMENTARY INFORMATION: I. Background The USDA Agricultural Marketing Service

(AMS)administers the National Organic Program (NOP), under the authority of the Organic Foods Production Act of 1990 (OFPA), as amended (7 U.S.C. 6501-6522). The regulations implementing the NOP, also referred to as the USDA organic regulations, were published December 21, 2000 (65 FR 80548) and became effective on October 21, 2002. Through these regulations, AMS oversees national standards for the production, handling, and labeling of organically produced agricultural products. Since October 2002, the USDA organic regulations have been frequently amended, mostly for changes to the National List in 7 CFR 205.601-205.606. The National List identifies synthetic substances that may be used and the nonsynthetic substances that must not be used in organic production. The National List also identifies synthetic, nonsynthetic nonagricultural, and nonorganic agricultural substances that may be used in organic handling. The OFPA and USDA organic regulations specifically prohibit the use of any synthetic substance in organic production and handling unless the synthetic substance is on the National List. Section 205.105 also requires that any nonorganic agricultural substance and any nonsynthetic nonagricultural substance used in organic handling appear on the National List. The OFPA authorizes the National Organic Standards Board (NOSB), operating in accordance with the Federal Advisory Committee Act (5 U.S.C. App. 2 *et seq.* ), to develop recommendations to amend the National List. The NOSB assists in the evaluation of substances for organic production and handling and advises the Secretary on the USDA organic regulations. The OFPA also requires a sunset review of all substances included on the National List within five years of their addition to or renewal on the list. If a listed substance is not reviewed by the NOSB and renewed by the USDA within the five-year period, its allowance or prohibition on the National List is no longer valid. This periodic review of National List substances is referred to as “sunset review.” Under the authority of the OFPA, the Secretary can amend the National List through rulemaking based upon proposed amendments recommended by the NOSB. The NOSB's sunset review of substances on the National List includes consideration of public comments and applicable supporting evidence that express a continued need for the use or prohibition of the substance(s) as required by the OFPA. Recommendations to either continue or discontinue an authorized exempted synthetic substance (7 U.S.C. 6517(c)(1)) are developed by the NOSB based on evaluation of technical information, public comments, and supporting evidence that demonstrate that the substance is:

(a)Harmful to human health or the environment;

(b)no longer necessary for organic production due to the availability of alternative wholly nonsynthetic substitute products or practices; or

(c)inconsistent with organic farming and handling practices. In accordance with the sunset review process published in the **Federal Register** on September 16, 2013 (78 FR 61154), this final rule would amend the National List to remove eight substances as recommended to the Secretary by the NOSB on October 29, 2015. Additionally, this final rule would renew three substances allowed for use in organic products based on information that there is a continued need for these materials. II. Overview of Amendments Removals This final rule amends the National List to remove eight exemptions (allowances) for: Lignin sulfonate, furosemide, magnesium carbonate, chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers. The NOSB recommended that these substances should be removed from the National List based on its 2017 sunset review. In summary, the NOSB concluded that these substances are no longer needed in organic production or handling because there are alternative practices or materials. AMS concurs with these recommendations for removal as described below. The NOSB considered public comments and other information to determine whether these substances continue to meet the OFPA criteria (7 U.S.C. 6517(c) and 6518(m)) for inclusion on the National List. With regard to

(i)lignin sulfonate (§ 205.601(1)(l)—synthetic substance allowed as a floating agent in post-harveset handling),

(ii)furosemide (§ 205.603(a)—synthetic substance allowed for livestock medical treatment), and

(iii)magnesium carbonate (§ 205.605(b)—synthetic ingredient allowed in or on organic processed proeducts), the NOSB concluded that these three substances are no longer necessary for organic production or postharvest handling and alternative substances are available. AMS received no public comments concerning the proposed removal of lignin sulfonate (as as floating agent in post-harvest handling), furosemide, and magnesium carbonate from the National List. AMS has reviewed and accepts the NOSB recommendations to remove these substances from the National List when the listings are due to sunset, or expire. Therefore, after June 27, 2017, lignin sulfonate (as as floating agent in post-harvest handling), furosemide, and magnesium carbonate will no longer be allowed for use in organic production or handling. 1 1 The allowance for lignin sulftonate as a chelating agent or dust suppressant for plant or soil amendments in organic crop production remains on the National List (§ 205.601(j)(4)). With regard to chia (Salvia hispanica L.), dillweed oil, galangal (frozen), lemongrass (frozen), and peppers (chipotle chile), the NOSB considered public comments and other information to determine whether these five substances continue to meet the OFPA criteria for inclusion on the National List. These substances appear in section 205.606 of the National List which allows the use of nonorganic forms of these substances when the organic form is not commercially available. 2 The NOSB recommended that these substances be removed because adequate organic sources are available in the supply chain and nonorganic forms are not needed. 2 Definition of Commercially Available (§ 205.2): The ability to obtain a production input in an appropriate form, quality, or quantity to fulfill an essential function in a system of organic production or handling, as determined by the certifying agent in the course of reviewing the organic plan. AMS received no public comments concerning the proposed removal of chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers from the National List. AMS has reviewed and accepts the NOSB recommendations to remove these substances from the National List when the listings are due to sunset, or expire. Therefore, after June 27, 2017, nonorganic forms of chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers will no longer be allowed for use in organic products. III. Related Documents Two notices announcing NOSB public meetings were published in the **Federal Register** on March 12, 2015 (80 FR 12975) and on September 8, 2015 (80 FR 53759). These notices invited the public to provide comments to the NOSB for the 2017 sunset review. The notices informed the public that the listings discussed in this final rule would expire from the National List on June 27, 2017, if not reviewed by the NOSB and renewed by the Secretary. On January 18, 2017, AMS published a proposed rule in the **Federal Register** (82 FR 5431) to notify the public and solicit comments on AMS' proposed action to remove eleven substances from the National List based on the NOSB's 2017 sunset recommendations. The comment period for the proposed rule was extended an additional 30 days to April 19, 2017, per a **Federal Register** document published on February 17, 2017 (82 FR 10967). IV. Statutory and Regulatory Authority OFPA, as amended (7 U.S.C. 6501-6522), authorizes the Secretary to make amendments to the National List based on proposed recommendations developed by the NOSB. Sections 6518(k)(2) and 6518(n) of OFPA authorize the NOSB to develop proposed amendments to the National List for submission to the Secretary and establish a petition process by which persons may petition the NOSB for the purpose of having substances evaluated for inclusion on or removal from the National List. The National List petition process is implemented under § 205.607 of the USDA organic regulations. The National List Petition Guidelines (NOP 3011) are published in the NOP Handbook which is available on the AMS Web site, *http://www.ams.usda.gov/nop.* The guidelines describe the information to be included for all types of petitions submitted to amend the National List. AMS published a revised sunset review process in the **Federal Register** on September 16, 2013 (78 FR 56811). A. Executive Orders 12866 and 13771, and Regulatory Flexibility Act This rule does not meet the definition of a significant regulatory action contained in section 3(f) of Executive Order 12866, and is not subject to review by the Office of Management and Budget (OMB). Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements contained in Executive Order 13771. *See* OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017). 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. Pursuant to the requirements set forth in the RFA, AMS performed an economic impact analysis on small entities in the final rule published in the **Federal Register** on December 21, 2000 (65 FR 80548). AMS has also considered the economic impact of this action on small entities. The impact on entities affected by this proposed rule would not be significant. The effect of this rule would be to prohibit the use of eight substances that have limited public support and may no longer be used because alternatives to these substances have been developed and implemented by organic producers or organic handlers (food processors). AMS concludes that the economic impact of removing lignin sulfonate, furosemide, magnesium carbonate, chia, dillweed oil, frozen galangal, frozen lemongrass, and chipotle chile peppers from the National List would be minimal to small agricultural firms because alternative practices or substances are commercially available. As such, these substances are to be removed from the National List under this rule. This rule would also allow for the continued use of three nonorganic agricultural susbstances: Turkish bay leaves, inulin-oligofructose enriched, and whey protein concentrate. AMS concludes that renewing these three ingredients would minimize impact to small agricultural firms because alternative products or organic forms of these ingredients are not commercially available and handlers need to use the nonorganic forms. Accordingly, AMS certifies that this rule will not have a significant economic impact on a substantial number of small entities. Small agricultural service firms, which include producers, handlers, and accredited certifying agents, have been defined by the Small Business Administration

(SBA)as those having annual receipts of less than $7,500,000 and small agricultural producers are defined as those having annual receipts of less than $750,000. See 13 CFR 121.201. According to NOP's Accreditation and International Activities Division, the number of certified U.S. organic crop and livestock operations totaled over 24,669 in March 2017. The list of certified operations is available on the AMS NOP Web site at *http://www.ams.usda.gov/nop.* AMS believes that most of these entities would be considered small entities under the criteria established by the SBA. In addition, the USDA has 81 accredited certifying agents who provide certification services to producers and handlers. A complete list of names and addresses of accredited certifying agents may be found on the AMS NOP Web site at *http://www.ams.usda.gov/nop.* AMS believes that most of these accredited certifying agents would be considered small entities under the criteria established by the SBA. 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. Pursuant to section 6519(f) of OFPA, this proposed rule would not 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, 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. 301-399), nor the authority of the Administrator of the U.S. Environmental Protection Agency

(EPA)under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136-136(y)). C. Paperwork Reduction Act No additional collection or recordkeeping requirements are imposed on the public by this 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. E. Comments Received on Proposed Rule AMS-NOP-16-0052; NOP-16-03 AMS received seven public comments from ingredient manufacturers, organic handlers, and a trade association on the proposal to remove the following three substances from the National List: Turkish bay leaves, inulin-oligofructose enriched, and whey protein concentrate. These substances are listed in section 205.606 of the National List, which allows nonorganic forms to be used in organic products when organic forms are not commercially available. Removing these substances from the National List would mean that only organic forms of these ingredients could be used in organic products. Changes Made Based on Comments AMS received public comments which opposed the removal of Turkish bay leaves from the National List. These public comments stated that organic Turkish bay leaves are not available in the quantity or quality needed to meet organic handling needs. The comments explained that the different flavor profile of ground organic Turkish bay leaves would negatively impact finished products. Comments requested that AMS maintain the allowance for nonorganic Turkish bay leaves while suppliers pursue sources of organic Turkish bay leaves in sufficient quality and quantity to meet industry needs. AMS also received public comments opposing the proposed removal of inulin-oligofructose enriched from the National List. Comments acknowledged that there are organic or alternate forms of inulin available, such as inulin from organic agave and fructooligosaccharides, but explained that these are not equivalent to inulin-oligofructose enriched, which is sourced only from chicory root and provides unique functionality for use as a prebiotic in organic infant formula. The comments indicated that an adequate supply of organic chicory root is not commercially available. AMS received public comment opposing the removal of whey protein concentrate from the National List. Whey protein concentrate is used as an ingredient in various products including bakery, confectionary, processed meat, infant formula, and dairy products. Public comments submitted indicated that whey protein concentrate is essential to organic processed products and is not commercially available in organic form at this time. In consideration of the new information presented in public comments, AMS has determined that nonorganic forms of Turkish bay leaves, inulin-oligofructose enriched, and whey protein concentrate are essential to organic production and handling and should remain on the National List. The USDA organic regulations may allow the use of nonorganic substances that are not commercially available in organic form, quality, or quantity, and are necessary to organic handling. As with other substances in section 205.606 of the National List, organic handlers are permitted to use the nonorganic substance only if the organic substance is not commercially available. Handlers will need to demonstrate, and certifiers will need to verify, that the organic substance is not available in the form, quality or quantity needed. Further, any member of the public may petition to remove an agricultural substance from the National List if an organic substance becomes commercially available. 3 3 The AMS Web site describes how to submit a petition: *https://www.ams.usda.gov/rules-regulations/organic/national-list/filing-petition.* See also NOP 3011 National List Petition Guidelines. List of Subjects in 7 CFR Part 205 Administrative practice and procedure, Agriculture, Animals, Archives and records, Imports, Labeling, Organically produced products, Plants, Reporting and recordkeeping requirements, Seals and insignia, Soil conservation. For the reasons set forth in the preamble, 7 CFR part 205 is amended as follows: PART 205—NATIONAL ORGANIC PROGRAM 1. The authority citation for 7 CFR part 205 continues to read as follows: Authority: 7 U.S.C. 6501-6522. 2. Amend § 205.601 by revising paragraph

(l)to read as follows: § 205.601 Synthetic substances allowed for use in organic crop production.

(l)As floating agents in postharvest handling. Sodium silicate—for tree fruit and fiber processing. § 205.603 [Amended] 3. Amend § 205.603 by: a. Removing paragraph (a)(10); and b. Redesignating paragraphs (a)(11) through

(23)as paragraphs (a)(10) through (22). § 205.605 [Amended] 4. Amend § 205.605(b) by removing the substance “Magnesium carbonate—for use only in agricultural products labeled “made with organic (specified ingredients or food group(s)),” prohibited in agricultural products labeled “organic”.” § 205.606 [Amended] 5. Amend § 205.606 by: a. Removing paragraphs (c), (e), (h), (o), and (s); and b. Redesignating paragraphs (d), (f), (g),

(i)through (n),

(p)through (r), and

(t)through

(y)as paragraphs

(c)through (t), respectively. Dated: June 28, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service. [FR Doc. 2017-14006 Filed 7-5-17; 8:45 am]

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