Unknown. Final rule
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/register/2016/09/16/2016-22246·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-2016-09-16.xml --- 81 180 Friday, September 16, 2016 Contents Agricultural Marketing Agricultural Marketing Service RULES Decreased Assessment Rates: Pistachios Grown in California, Arizona, and New Mexico, 63679-63682 2016-22248 Free and Restricted Percentages for the 2015-16 Crop Year for Tart Cherries: Tart Cherries Grown in the States of Michigan, et al., 63676-63679 2016-22258 Voluntary Grading of Shell Eggs: Definition of Condition and Prerequisite Requirement for Shell Eggs Eligible for Grading and Certification;
Amendments, 63675-63676 2016-22246 PROPOSED RULES Assessment Rates: Walnuts Grown in California, 63718-63721 2016-22249 Marketing Orders: Raisins Produced from Grapes Grown in California and Imported Raisins, 63723-63725 2016-22270 Walnuts Grown in California, 63721-63723 2016-22247 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Economic Research Service See Forest Service See Rural Housing Service Animal Animal and Plant Health Inspection Service NOTICES Quarantined Areas Pale Cyst Nematode, 63735 2016-22328 Treatment Evaluation Document;
Cold Treatment of Grapefruit from Australia, 63735-63736 2016-22327 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs: Emergency Preparedness Requirements for Medicare and Medicaid Participating Providers and Suppliers, 63860-64044 2016-21404 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63762-63763 2016-22342 Children Children and Families Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 63763-63764 2016-22316 Civil Rights Civil Rights Commission NOTICES Meetings: Maine State Advisory Committee, 63739 2016-22334 Coast Guard Coast Guard RULES Drawbridge Operations: James River, Isle of Wight and Newport News, VA, 63700-63701 2016-22300 South Branch of the Elizabeth River, Atlantic Intracoastal Waterway, Chesapeake, VA, 63700 2016-22320 Special Local Regulations: Ironman 70.3 Augusta Triathlon, Savannah River, 63697-63698 2016-22356 Ohio River, Madison, IN, 63698-63700 2016-22319 Ohio River, Owensboro, KY, 63695-63697 2016-22281 PROPOSED RULES Security Zones:
Port of Palm Beach, Port Everglades, Miami, and Key West, FL, 63728-63732 2016-22280 Commerce Commerce Department See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List; Additions and Deletions, 63744-63746 2016-22324 2016-22325 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63746 2016-22243 Defense Department Defense Department See Engineers Corps RULES TRICARE:
Mental Health and Substance Use Disorder Treatment, 63695 2016-22363 Economic Research Economic Research Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63736-63738 2016-22244 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Common Core of Data School-Level Finance Survey 2016-2018, 63749-63750 2016-22302 Application Deadline for Fiscal Year 2016:
Promise Neighborhoods Program, 63747-63748 2016-22242 Meetings: National Advisory Council on Indian Education, 63748-63749 2016-22245 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63750-63751 2016-22310 Engineers Engineers Corps NOTICES Environmental Impact Statements;
Availability, etc.: Raritan Bay and Sandy Hook Bay, NJ Feasibility Report for Hurricane and Storm Damage Reduction Union Beach, NJ Final Feasibility Report; Withdrawal, 63747 2016-22336 Remaining Balanced Vision Plan and Interior Drainage Plan Features Feasibility Report; Dallas County, TX, 63747 2016-22321 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama: Volatile Organic Compounds, 63701-63703 2016-22221 Maryland;
Control of Volatile Organic Compounds Emissions from Fiberglass Boat Manufacturing Materials; Withdrawal, 63701 2016-22225 Mississippi; Infrastructure Requirements for the 2010 NO2 NAAQS, 63705-63707 2016-22226 South Carolina; Infrastructure Requirements for the 2010 1-hour NO2 NAAQS, 63704-63705 2016-22239 Pesticide Tolerances; Exemptions: Ammonium Persulfate, 63710-63714 2016-22366 Aspergillus flavus strains TC16F, TC35C, TC38B, TC46G, 63707-63710 2016-22357 PROPOSED RULES Air Quality State Implementation Plans;
Approvals and Promulgations: Alabama: Volatile Organic Compounds, 63734 2016-22218 California Air Plan Revisions, South Coast Air Quality Management District, 63732-63734 2016-22388 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Information Collection for Importation of On-highway Vehicles and Motorcycles and Nonroad Engines, Vehicles, and Equipment, 63758-63759 2016-22219 Environmental Impact Statements; Availability, etc., 63759 2016-22362 Export Import Export-Import Bank NOTICES Meetings:
Advisory Committee, 63759 2016-22330 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 63691-63694 2016-22178 Dassault Aviation Airplanes, 63688-63691 2016-22177 PROPOSED RULES Airworthiness Directives: Mitsubishi Heavy Industries, Ltd. Airplanes, 63725-63728 2016-22182 NOTICES Land Exchanges: New Bedford Airport, New Bedford, MA, 63853 2016-22138 Land Use Changes: Hanscom Field, Bedford, MA, 63852 2016-22137 Meetings: Commercial Space Transportation Advisory Committee, 63853 2016-22136 RTCA SC-209 Working Session and Plenary Session Joint with EUROCAE WG 49, WG 51, and RTCA SC-186, 63852-63853 2016-22405 Federal Communications Federal Communications Commission RULES Implementing Public Safety Broadband Provisions of the Middle Class Tax Relief and Job Creation Act of 2012, 63714-63716 2016-22361 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings;
Sunshine Act, 63759-63760 2016-22436 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Alaska Electric Light and Power Co., 63756-63758 2016-22268 Great Lakes Hydro America, LLC, 63751-63752 2016-22266 Complaints: Coalition of MISO Transmission Customersv. Midcontinent Independent System Operator, Inc., 63756 2016-22261 Environmental Assessments; Availability, etc.: Dominion Carolina Gas Transmission, LLC, Transco to Charleston Project, 63754 2016-22259 Filings:
Tracy Van Orden, 63754 2016-22262 Refund Effective Dates: Monongahela Power Co., Potomac Edison Co., West Penn Power Co., etc., 63753-63754 2016-22264 Requests for Waivers: ITC Pipeline Company, LLC, 63756 2016-22263 Requests under Blanket Authorizations: Columbia Gas Transmission, LLC, 63755 2016-22260 Staff Attendances, 63752-63755 2016-22265 2016-22267 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 63853-63855 2016-22301 2016-22305 Federal Reserve Federal Reserve System RULES Policy Statements:
Framework for Implementing the U.S. Basel III Countercyclical Capital Buffer, 63682-63688 2016-21970 Federal Trade Federal Trade Commission NOTICES Early Terminations of Waiting Periods under the Premerger Notification Rules, 63760-63762 2016-22282 Fish Fish and Wildlife Service NOTICES Endangered Species Permit Applications, 63787-63788 2016-22323 Food and Drug Food and Drug Administration PROPOSED RULES Color Additive Petitions: McCormick and Company, Inc., 63728 2016-22289 NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Unique Device Identification System, 63768-63770 2016-22340 Clinical Investigator Training Course, 63767-63768 2016-22348 Guidance: Qualification of Biomarker--Total Kidney Volume in Studies for Treatment of Autosomal Dominant Polycystic Kidney Disease, 63764-63766 2016-22347 Recommendations for Microbial Vectors Used for Gene Therapy, 63766-63767 2016-22353 Waivers from the Requirement to Demonstrate Bioequivalence of Animal Drugs in Soluble Powder Oral Dosage Form Products and Type A Medicated Articles, 63775-63776 2016-22339 Meetings:
Coordinated Development of Antimicrobial Drugs and Antimicrobial Susceptibility Test Devices: Public Workshop, 63774-63775 2016-22352 Menu Labeling Public Workshop, 63776-63777 2016-22337 Patent Extension Regulatory Review Periods: ENTYVIO, 63773-63774 2016-22344 LUMASON, 63770-63771 2016-22345 RESQCPR System, 63771-63773 2016-22343 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: Johnson Bar Fire Salvage Project, Nez Perce-Clearwater National Forests, ID, 63738 2016-22318 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard 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: Final Endorsement of Credit Instrument, 63784-63785 2016-22369 Multifamily Project Construction Change, 63785 2016-22370 Federal Properties Suitable as Facilities to Assist the Homeless, 63786-63787 2016-22359 Indian Affairs Indian Affairs Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Johnson O'Malley Act Requirements, 63788-63789 2016-22317 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Ocean Energy Management Bureau International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Krill Oil Products and Krill Meal for Production of Krill Oil Products, 63805-63806 2016-22296 Cold-Rolled Steel Flat Products from Brazil, India, Korea, Russia, and the United Kingdom, 63806 2016-22297 Labor Department Labor Department See Labor Statistics Bureau NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Disability Employment Initiative Evaluation, 63807-63808 2016-22307 Securing Financial Obligations under the Longshore and Harbor Workers' Compensation Act and its Extensions, 63806-63807 2016-22308 Labor Statistics Labor Statistics Bureau NOTICES Charter Renewals: Technical Advisory Committee, 63808 2016-22309 Land Land Management Bureau NOTICES Meetings: Steens Mountain Advisory Council, 63789-63790 2016-22292 Plats of Survey: Oregon/Washington, 63790 2016-22295 Realty Actions:
Escambia County, FL: Application for Conveyance of Federally Owned Mineral Interests, 63790-63791 2016-22415 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 63808-63809 2016-22489 National Institute National Institutes of Health NOTICES Meetings: National Cancer Institute, 63777-63780 2016-22274 2016-22275 National Institute on Deafness and Other Communication Disorders, 2016-22271 63778-63779 2016-22272 Office of the Director, 63778 2016-22273 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:
Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area, 63716-63717 2016-22338 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 63743-63744 2016-22333 Mid-Atlantic Fishery Management Council, 63739-63740 2016-22332 New England Fishery Management Council, 63743 2016-22335 Western Pacific Fishery Management Council, 63740-63743 2016-22331 National Park National Park Service NOTICES Inventory Completions: Tennessee Valley Authority, Knoxville, TN, 63793-63795 2016-22315 Washington State Parks and Recreation Commission, Olympia, WA, 63791-63793 2016-22313 Meetings:
National Historic Landmarks Committee of the National Park System Advisory Board, 63791 2016-22351 National Park Service Alaska Region Subsistence Resource Commission Program, 63798-63799 2016-22350 National Park System Advisory Board, 63796-63797 2016-22349 Repatriation of Cultural Items: Washington State Parks and Recreation Commission, Olympia, WA, 63795-63796 2016-22314 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63809-63810 2016-22285 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Petitions:
Entergy Nuclear Operations, Inc., Indian Point Nuclear Generating Unit Nos. 2 and 3, 63810-63811 2016-22380 Ocean Energy Management Ocean Energy Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: General Oil and Gas and Sulphur and Production Requirements in Outer Continental Shelf, 63799-63803 2016-22355 Environmental Impact Statements; Availability, etc.: Gulf of Mexico Outer Continental Shelf Central Planning Area Oil and Gas Lease Sale 247, 63803-63804 2016-22212 Outer Continental Shelf, Sand Resources for the Mississippi Coastal Improvements Program Comprehensive Barrier Island Restoration in Hancock, Harrison, and Jackson Counties, Mississippi, 63804-63805 2016-22377 Oil and Gas Lease Sales:
Central Gulf of Mexico Planning Area Outer Continental Shelf, 247, 63804 2016-22211 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Representative Payee Survey, 63811 2016-22329 Presidential Documents Presidential Documents PROCLAMATIONS Trade: Generalized System of Preferences Duty-Free Treatment; Modifications (Proc. 9492), 63671-63672 2016-22507 EXECUTIVE ORDERS Cote d'Ivoire; Termination of Emergency (EO 13739), 63673-63674 2016-22454 ADMINISTRATIVE ORDERS Trading With the Enemy Act;
Continuation of Certain Authorities (Presidential Determination No. 2016-11 of September 13, 2016), 64045-64047 2016-22555 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63738-63739 2016-22241 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Chicago Stock Exchange, Inc., 63821-63825 2016-22251 ICE Clear Credit LLC, 63831-63833 2016-22257 NASDAQ BX, Inc., 63828-63831 2016-22250 NASDAQ PHLX LLC, 63833-63836 2016-22254 New York Stock Exchange, LLC, 63825-63828 2016-22252 NYSE Arca, Inc., 63818-63821 2016-22253 NYSE MKT LLC, 63811-63815 2016-22256 The NASDAQ Stock Market LLC, 63815-63818 2016-22255 Small Business Small Business Administration NOTICES Conflicts of Interest Exemptions:
Avante Mezzanine Partners SBIC II, L.P, 63837 2016-22414 Disaster Declarations: Indiana, 63836-63837 2016-22409 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63837-63839 2016-22277 State Department State Department RULES Visas: Diversity Immigrants, 63694-63695 2016-22365 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63840-63841 2016-22354 Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Affidavit of Relationship for Minors who are Nationals of El Salvador, Guatemala, or Honduras, 63839-63840 2016-22358 Culturally Significant Objects Imported for Exhibition: The Art of Alchemy, 63839 2016-22371 The Rama Epic: Hero, Heroine, Ally, Foe, 63849 2016-22372 Word and Image: Martin Luther's Reformation, 63849 2016-22378 Meetings: Preparation for International Maritime Organization Technical Cooperation Committee, 63849-63850 2016-22381 Registration for the Diversity Immigrant Visa Program, 63841-63849 2016-22217 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings:
CARA Act Required Training of Nurse Practitioners and Physician Assistants, 63780 2016-22279 Surface Transportation Surface Transportation Board NOTICES Control Acquisitions: National Express, LLC; New Dawn Transit, LLC., 63850-63852 2016-22283 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Individual Complaint of Employment Discrimination Form, 63855-63856 2016-22190 Treasury Treasury Department NOTICES Privacy Act;
Systems of Records, 63856-63858 2016-22069 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: African Growth and Opportunity Act Certificate of Origin, 63781 2016-22364 Commercial Gaugers and Laboratories; Accreditations and Approvals: AmSpec Services, LLC, 2016-22303 63782-63784 2016-22304 Saybolt LP, 2016-22322 63780-63783 2016-22311 Immigration U.S. Immigration and Customs Enforcement NOTICES Meetings:
Advisory Committee on Family Residential Centers, 63784 2016-22326 Veteran Affairs Veterans Affairs Department NOTICES Performance Review Board Members, 63858 2016-22298 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 63860-64044 2016-21404 Part III Presidential Documents, 64045-64047 2016-22555 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. 81 180 Friday, September 16, 2016 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 56 [Doc. No. AMS-LPS-15-0044] Amendment to the Definition of “Condition” and Prerequisite Requirement for Shell Eggs Eligible for Grading and Certification Stated in the Regulations Governing the Voluntary Grading of Shell Eggs AGENCY:
Agricultural Marketing Service, USDA. ACTION: Final rule. SUMMARY: The Agricultural Marketing Service
(AMS)will amend the Regulations Governing the Voluntary Grading of Shell Eggs to clarify the definition of “condition” and revise the prerequisite requirement for shell eggs eligible for voluntary USDA grading and certification. DATES: This final rule is effective September 16, 2016. FOR FURTHER INFORMATION CONTACT: David Bowden, Chief, Standardization Branch, Quality Assessment Division; Livestock, Poultry, and Seed Program, Agricultural Marketing Service, U.S. Department of Agriculture; 1400 Independence Avenue SW.; Room 3932-S, STOP 0258; Washington, DC 20250, by facsimile to
(202)690-2746; or via email to *David.Bowden@ams.usda.gov.* SUPPLEMENTARY INFORMATION: Background Section 203(c) of the Agricultural Marketing Act of 1946
(AMA)(7 U.S.C. 1621-1627) directs and authorizes the Secretary of Agriculture “to develop and improve standards of quality, condition, quantity, grade and packaging, and recommend and demonstrate such standards in order to encourage uniformity and consistency in commercial practices.” The U.S. Department of Agriculture
(USDA)is committed to carrying out this authority in a manner that facilitates the marketing of agricultural products while maintaining the integrity of the USDA grademark. Shell egg grading is a voluntary program provided under AMA and offered on a fee-for-service basis. It is designed to assist in the orderly marketing of shell eggs by providing the official certification of egg quality, size, condition, and other factors. This amendment is in accordance with recommendations stated in the 2012 Audit Report, *USDA Controls Over Shell Egg Inspections,* issued by the USDA Office of Inspector General (OIG). In that report, OIG stated the regulatory definition of “condition” for shell eggs was confusing as it relates to quality and food safety. OIG also stated the integrity of the USDA grademark for quality was not adequately protected from adulterated shell eggs. AMS will revise the definition of “condition” to remove any food safety implications resulting from the use of the term “wholesomeness” and clarify that AMS' role in grading and certification of shell eggs is solely for a quality determination. The revised definition will remove the term “wholesomeness” and state that “condition” is a characteristic detected by a sensory examination. The presence of microorganisms, specifically Salmonella Enteritidis
(SE)or other pathogens, in the content of an egg cannot be detected during such an examination. The Food and Drug Administration
(FDA)and the USDA Food Safety and Inspection Service not AMS, maintain jurisdiction for food safety related issues associated with shell eggs. AMS will also revise the prerequisite requirement of shell eggs eligible for USDA grading and certification. The revision will prohibit the use of SE-adulterated or recalled shell eggs from being presented to USDA for grading and certification. This action protects the integrity of the USDA grademark for quality and is consistent with current AMS policy implemented subsequent to the referenced 2012 OIG audit. Comments A proposed rule to amend the definition of “condition” and prerequisite requirements for shell eggs eligible for grading and certification stated in the Regulations Governing the Voluntary Grading of Shell Eggs was published in the **Federal Register** (81 FR 23188) on April 20, 2016. Comments on the proposed rule were solicited from interested parties until June 20, 2016. One comment was received from a representative of an egg farmer's organization. The comment received was in support of amending the definition of “condition” and the prerequisite requirements for shell eggs eligible for grading and certification. No changes were made to the proposed rule based on the comment received. Executive Order 12866, 13175 and 13563 USDA is issuing this final rule in conformance with Executive Orders 12866, 13175 and 13563. This rule has been reviewed under Executive Orders 12866, 13175 and 13563. The rule has determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. The rule does not promote policies with tribal implications. Consistent with the requirements of Executive Order 13563, the public has had the opportunity to review and comment on the rule; and, the rule also incorporates existing AMS policy on shell eggs eligible for USDA grading and certification. Regulatory Flexibility Act In accordance with the Regulatory Flexibility Act, 5 U.S.C. 601-602, AMS has performed an initial regulatory flexibility analysis regarding economic effects of this final rule on small entities. AMS is amending the Regulations Governing the Voluntary Grading of Shell Eggs, 7 CFR part 56, to revise the definition of the term “condition” to clarify that it relates solely to a quality determination and not food safety. The current regulation definition for “condition” includes the term “wholesomeness” which denotes a food safety connotation. AMS' role in grading and certification of shell eggs is for a quality determination only. By removing any food safety related terms from the current definition of “condition,” AMS will remove confusion or misunderstanding over use of the term. Since this change is a technical correction and editorial in nature, and will not result in a change to the way service is provided to our customers, AMS has determined it will not have a financial impact on small entities that utilize our services. AMS will also revise the prerequisite requirement of shell eggs eligible for USDA grading and certification. The revision will prohibit the use of SE-adulterated shell eggs or recalled shell eggs from being presented to USDA for grading and certification. The FDA prohibits the use of SE-adulterated shell eggs from being sold to consumers. When shell eggs are suspected of being adulterated with SE, the packing facility is obligated to test the shell eggs to assure only safe product is distributed to consumers. If shell eggs are found to be adulterated with SE, the FDA will issue a request to the packing facility to voluntarily recall the product, or will exercise its mandatory recall authority to return the product to the origin facility. The product must either be destroyed or reconditioned under FDA supervision. Since SE-adulterated shell eggs or shell eggs that have been recalled are no longer eligible for distribution to consumers, but are either destroyed or reconditioned under the direction of the FDA, changing the AMS regulation will not have an impact on small entities since those shell eggs are deemed unfit for human consumption. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. When this final rule is adopted:
(1)All State and local laws and regulations that are inconsistent with the rule will be preempted;
(2)no retroactive effect will be given to this rule; and
(3)administrative proceedings will not be required before parties may file suit in court challenging this rule. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), OMB has approved the information collection and recordkeeping requirements included in this final rule, and there are no new requirements. The assigned OMB control number is 0581-0128, as approved on July 8, 2014. AMS is committed to compliance with the Government Paperwork Elimination Act, which requires government agencies in general to provide the public the option of submitting information or transacting business electronically to the maximum extent possible. E-Government Act AMS is committed to complying with the E-Government Act of 2002 to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to government information and services, and for other purposes. List of Subjects in 7 CFR Part 56 Agriculture, Eggs and egg products, Food grades and standards, Food labeling, Food packaging, Reporting and recordkeeping requirements, Voluntary standards. For the reasons set forth in the preamble, 7 CFR part 56 is amended as follows: PART 56—VOLUNTARY GRADING OF SHELL EGGS 1. The authority citation for 7 CFR part 56 continues to read as follows: Authority: 7 U.S.C. 1621 *et seq.* 2. Amend § 56.1 by revising the definition of *Condition* to read as follows: § 56.1 Meaning of words and terms defined. *Condition* means any characteristic detected by sensory examination (visual, touch, or odor), including the state of preservation, cleanliness, soundness, or fitness for human food that affects the marketing of the product. 3. Amend § 56.40 by revising paragraphs (c)(2) and
(3)and adding paragraphs (c)(4) and
(5)to read as follows: § 56.40 Grading requirements of shell eggs identified with grademarks.
(c)* * *
(2)Not possess any undesirable odors or flavors;
(3)Not have previously been shipped for retail sale;
(4)Not originate from a layer house environment determined positive for the presence of Salmonella Enteritidis (SE), unless the eggs from the layer house have been sampled and have tested negative for the presence of SE in the eggs; and
(5)Not originate from eggs testing positive for SE, or not have been subject to a product recall. Dated: September 12, 2016. Elanor Starmer, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2016-22246 Filed 9-15-16; 8:45 am]
Connectionstraces to 5
3 references not yet in our index
- 7 CFR 56
- 7 USC 1621-1627
- 5 USC 601-602
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Cite7 CFR 56
Cite7 USC 1621-1627
Cite5 USC 601-602
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