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7042 Federal Register / Vol 7042 Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations DEPARTMENT OF AGRICULTURE A. Purpose of the Final Rule certified organic operations and to B. Summary of Provisions provide for more effective Agricultural Marketing Service C. Costs and Benefits administration of the National Organic II. General Information Program (NOP) by AMS. One purpose of 7 CFR Part 205 A. Does this Action Apply to Me? III. Background the Organic Foods Production Act of [Document Number AMS–NOP–15–0012; IV. Comments Received 1990 (OFPA) (7 U.S.C. 6501–6522) is to NOP–15–06FR] A. Regulatory Authority of the Final Rule assure consumers that organically B. Regulatory Clarity of the Final Rule produced products meet a consistent RIN 0581–AD44 C. Consumer Education and Outreach and uniform standard (7 U.S.C. 6501). D. International Trade Agreements National Organic Program (NOP); E. Meat and Poultry Imports B. Summary of Provisions Organic Livestock and Poultry V. Related Documents. Specifically, this final rule: Practices VI. Definitions (§ 205.2) A. Description of Regulations 1. Clarifies how producers and AGENCY: Agricultural Marketing Service, B. Discussion of Comments Received handlers participating in the NOP must USDA. VII. Livestock Health Care Practices treat livestock and poultry to ensure ACTION: Final rule. (§ 205.238) their wellbeing. A. Description of Regulations 2. Clarifies when and how certain SUMMARY: The United States Department B. Discussion of Comments Received physical alterations may be performed of Agriculture’s (USDA) Agricultural VIII. Mammalian Living Conditions on organic livestock and poultry in Marketing Service (AMS) is amending (§ 205.39) order to minimize stress. Additionally, A. Description of Regulations the organic livestock and poultry some forms of physical alterations are production requirements by adding new B. Discussion of Comments Received IX. Avian Living Conditions (§ 205.241) prohibited. provisions for livestock handling and A. Description of Regulations 3. Sets maximum indoor and outdoor transport for slaughter and avian living B. Discussion of Comments Received stocking densities for organic chickens, conditions; and expanding and X. Transport (§ 205.242(a)) which vary depending on the type of clarifying existing requirements A. Description of the Final Rule production and stage of life. covering livestock care and production B. Discussion of Comments Received 4. Defines outdoor space and requires XI. Slaughter (§ 205.242(b) and (c)) practices and mammalian living that outdoor spaces for organic poultry conditions. A. Description of Regulations B. Discussion of Comments Received include soil and vegetation. DATES: Effective Date: This rule becomes XII. Executive Orders 12866 and 13563— 5. Adds new requirements for effective March 20, 2017. Executive Summary transporting organic livestock and Implementation Dates: This rule will XIII. Retrospective Analysis poultry to sale or slaughter. be fully implemented March 20, 2018. XIV. Executive Order 12988 6. Clarifies the application of USDA There are two exceptions: XV. Executive Order 13175 Food Safety and Inspection Service (1) Organic egg operations that are XVI. Paperwork Reduction Act (FSIS) requirements regarding the certified before March 20, 2020 need to A. Summary B. Discussion of Comments Received handling of livestock and poultry in implement the outdoor access XVII. Civil Rights Impact Analysis connection with slaughter to certified requirements by March 21, 2022. organic livestock and poultry Organic egg operations that become List of Subjects in 7 CFR Part 205 establishments and provides for the certified after March 20, 2020 need to I. Executive Summary enforcement of USDA organic comply with the outdoor access regulations based on FSIS inspection requirements in order to obtain A. Purpose of the Final Rule findings. certification. This final rule creates greater 7. AMS has only established indoor (2) Organic broiler operations must consistency in organic livestock and space requirements for chickens in this fully implement the indoor space poultry practice standards. Based on final rule. AMS may propose space requirements by March 20, 2020. recommendations from the Office of requirements for other avian species in FOR FURTHER INFORMATION CONTACT: Paul Inspector General and the National the future. Other avian species must Lewis, Ph.D., Director of Standards Organic Standards Board, AMS meet all other indoor requirements Division, Telephone: (202) 720–3252; determined that the current USDA including exit doors, ammonia levels, Fax: (202) 260–9151. organic regulations (7 CFR part 205) and lighting. SUPPLEMENTARY INFORMATION: covering livestock care and production C. Costs and Benefits practices and living conditions needed Table of Contents additional specificity and clarity to AMS estimates the following costs I. Executive Summary better ensure consistent compliance by and benefits for this final rule. Benefits, Transfers, Assumed conditions Affected population Costs, millions a millions millions All producers remain in organic market; Or- Organic layer and organic broiler production $28.7–$31.0 $16.3–$49.5 N/A ganic layer and broiler populations con- at full implementation of rule, i.e., 2022 for tinue historical growth rates after rule. layers; 2020 for broilers. 50% of organic layer production in year 6 Organic layer and organic broiler production $11.7–$12.0 $4.5–$13.8 $79.5–$86.3 (2022), moves to the cage-free market. Or- at full implementation of rule, i.e., 2022 for ganic layer and broiler populations con- layers; 2020 for broilers. tinue historical growth rates after rule. VerDate Sep<11>2014 00:24 Jan 19, 2017 Jkt 241001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19JAR4.SGM 19JAR4 asabaliauskas on DSK3SPTVN1PROD with RULES Federal Register / Vol. 82, No. 12 / Thursday, January 19, 2017 / Rules and Regulations 7043 Assumed conditions Affected population Costs, Benefits, Transfers, millions a millions millions 50% of current organic layer production Current organic layer production; organic $8.2 $4.1–$12.4 $45.6–$49.5 moves to the cage-free market in year 6 broiler production at full implementation of (2022). There are no new entrants after rule in 2020. publication of this rule that cannot comply. Other impacts: Estimated paperwork burden: $3.9 million a All values in the costs, benefits and transfer columns of this table are annualized and discounted at 3% and 7% rates. II. General Information outdoor areas, while other operations received from producers, producer provide minimal outdoor space or use associations, handlers, certifying agents, A. Does this action apply to me? screened and covered enclosures consumers and consumer groups, You may be affected by this action if commonly called ‘‘porches’’ to meet animal welfare organizations, you are engaged in the meat, egg, outdoor access requirements. In a 2010 veterinarians, state government poultry, dairy, or animal fiber audit, the USDA Office of Inspector agencies, foreign government agencies, industries. Affected entities may General identified inconsistencies in and trade associations or organizations. include, but are not limited to: how accredited certifying agents (or AMS analysis and response to • Individuals or business entities that ‘‘certifiers’’) consider porches under comments is described in the following are considering organic certification for outdoor access while implementing preamble sections of the final rule. a new or existing livestock farm or certification of organic poultry A. Regulatory Authority of the Final slaughter facility. operations. AMS initially responded to Rule • Existing livestock farms and this audit finding by publishing draft slaughter facilities that are currently guidance on outdoor access for organic (Comment) Several comments argued certified organic under the USDA poultry. However, after receiving public that USDA does not have sufficient organic regulations. comment on the draft guidance, AMS regulatory authority under OFPA to • Certifying agents accredited by determined that rulemaking was publish final rules for livestock living USDA to certify organic livestock necessary to reduce the variation in conditions and animal welfare as operations and organic livestock outdoor access practices for organic described in the proposed rule. They handling operations. poultry; therefore, AMS did not finalize argued that the livestock section of This listing is not intended to be the draft guidance. To assist with this OFPA only provides authority to exhaustive, but identifies key entities rulemaking, the NOSB developed a prepare regulations regarding feeds and likely to be affected by this action. Other series of recommendations to further animal health care issues. types of entities could also be affected. clarify organic livestock and poultry (Response) AMS affirms that USDA To determine whether you or your care and production practices, transport, has the authority to conduct this business may be affected by this action, slaughter, and living conditions, rulemaking; this action falls within our you should carefully examine the including outdoor access for poultry. purview to implement the Organic regulatory text. If you have questions The NOSB deliberations on these Foods Production Act. AMS is issuing regarding the applicability of this action recommendations revealed that there is these regulations to strengthen the to a particular entity, consult the person considerable support for these USDA organic
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