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Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Rules and Regulations
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larger manufacturers is significantly smaller than SBAs small business thresholds 500 to 1,250. Therefore, AMS expects that most organic handlers would qualify as small businesses.
Certifying agents. SBA defines all other professional, scientific, and technical services, which include certifying agents, as those having annual receipts of less than $16,500,000 13
CFR 121.201. There are currently 77
USDA-accredited certifying agents, based on a query of NOP certified organic operations database, who provide organic certification services to producers and handlers. While many certifying agents are small entities that would be affected by this proposed rule, we do not expect that these certifying agents would incur significant costs as a result of this action as certifying agents already must comply with the current regulations e.g., maintaining certification records for organic operations.
AMS does not expect the economic impact on entities affected by this rule to be significant. The effect of this final rule will allow the use of three additional substances in organic crop production and organic handling.
Adding three substances to the National List will increase regulatory flexibility and provide small entities with more options to use in day-to-day operations.
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 final rule is not intended to have a retroactive effect. Accordingly, to prevent duplicative regulation, states and local jurisdictions are preempted under 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 6514b of OFPA.
States are also preempted under sections 6503 through 6507 of 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 OFPA.
Pursuant to section 6507b2 of 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
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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 OFPA, b not be inconsistent with 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 6519c6
of OFPA, this final rule does not supersede or alter the authority of the Secretary under the Federal Meat Inspection Act 21 U.S.C. 601624, the Poultry Products Inspection Act 21
U.S.C. 451471, or the Egg Products Inspection Act 21 U.S.C. 10311056, 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 EPA 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 final 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 final rule has been reviewed under Executive Order 13175
Consultation and Coordination with Indian Tribal Governments. Executive Order 13175 requires Federal agencies to consult and coordinate with tribes on a government-to-government basis on:
1 Policies that have tribal implication, including regulation, legislative comments, or proposed legislation; and 2 other policy statements or actions that have substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.
AMS has assessed the impact of this final rule on Indian tribes and determined that this rule would not have tribal implications that require consultation under Executive Order 13175. AMS hosts a quarterly teleconference with tribal leaders where matters of mutual interest regarding the marketing of agricultural products are discussed. Information about the proposed changes to the regulations will be shared during an upcoming quarterly call, and tribal leaders will be informed
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about the proposed revisions to the regulation and the opportunity to submit comments. AMS will work with USDAs Office of Tribal Relations to ensure meaningful consultation is provided as needed with regards to the NOP regulations.
E. Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
G. General Notice of Public Rulemaking This final rule reflects recommendations submitted by NOSB
to the Secretary to add three substances to the National List.
List of Subjects in 7 CFR Part 205
Administrative practice and procedure, Agricultural commodities, Agriculture, Animals, Archives and records, Fees, 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 205NATIONAL ORGANIC
PROGRAM
1. The authority citation for part 205
is revised to read as follows:

Authority: 7 U.S.C. 65016524.

2. Amend 205.603 by redesignating paragraphs b8 through b11 as paragraphs b9 through b12 and adding paragraph b8 to read as follows:

205.603 Synthetic substances allowed for use in organic livestock production.

b
8 Oxalic acid dihydratefor use as a pesticide solely for apiculture.

3. Amend 205.605 by:
a. In paragraph a, adding in alphabetical order the term Pullulan;
and b. In paragraph b, adding in alphabetical order the term Collagen gel.
The additions read as follows:
205.605 Nonagricultural nonorganic substances allowed as ingredients in or on processed products labeled as organic or made with organic specified ingredients or food groups.

a

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