This section of the FEDERAL REGISTER
contains notices to the public of the proposedissuance of rules and regulations. Thepurpose of these notices is to give interestedpersons an opportunity to participate in therule making prior to the adoption of the finalrules.Proposed RulesFederal Register23188 
Vol. 81, No. 76 
Wednesday, April 20, 2016 
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 : Proposed rule. 
SUMMARY : The Agricultural Marketing 
Service (AMS) proposes to 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. The proposed revision to the prerequisite requirement will prohibit the use of Salmonella Enteritidis-adulterated or recalled shell eggs from being presented to USDA for grading and certification. AMS is proposing to 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. 
DATES : Comments must be received by 
June 20, 2016. 
ADDRESSES : Interested persons are 
invited to submit comments concerning this proposed rule electronically at http://www.regulations.gov. Written 
comments may also be submitted to Mark Perigen, National Shell Egg Supervisor, Quality Assessment Division (QAD), Livestock, Poultry, and Seed Program, Agricultural Marketing Service, U.S. Department of Agriculture, Stop 0258, Room 3932S, 1400 Independence Avenue SW., Washington, DC 20250; or by facsimile to (202) 690–2746. All comments should reference the docket number (AMS– LPS–15–0044), the date, and the page number of this issue of the Federal Register. Submitted comments will be available for public inspection at http:// 
www.regulations.gov, or during regular 
business hours at the above address. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the Internet at the address provided above. 
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, Stop 0258, Room 3932S, 1400 Independence Avenue SW., Washington, DC 20250; by facsimile to (202) 690–2746; or via email David.Bowden@ams.usda.gov. 
SUPPLEMENTARY INFORMATION : 
Background and Proposed Changes 
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 the 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 proposed amendment is in 
accordance with recommendations stated in the 2012 Audit Report, USDA Controls Over Shell Egg Inspection, 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 is proposing to 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 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 is also proposing to 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 the current AMS policy implemented subsequent to the referenced 2012 OIG audit. 
Executive Order 12866, 13175, and 
13563 
USDA is issuing this proposed rule in 
conformance with Executive Orders 12866, 13175, and 13563. 
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 proposed rule on small entities. 
AMS is proposing to amend 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. 
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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 their services. 
AMS also proposes to 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. 
Paperwork Reduction Act 
In accordance with the Paperwork 
Reduction Act of 1995 (44 U.S.C. 3501 
et seq.), the Office of Management and Budget (OMB) has approved the information collection and recordkeeping requirements included in this proposed rule, and there are no new requirements. Should any changes become necessary they would be submitted to OMB for approval. 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, it is proposed that 7 CFR part 56 be amended as follows: 
PART 56—REGULATIONS 
GOVERNING THE VOLUNTARY GRADING OF SHELL EGGS 
■1. The authority citation for 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: April 14, 2016. 
Elanor Starmer, 
Administrator, Agricultural Marketing 
Service. 
[FR Doc. 2016–09139 Filed 4–19–16; 8:45 am] 
BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE 
Food and Nutrition Service 
7 CFR Part 273 
RIN 0584–AE43 
Supplemental Nutrition Assistance 
Program: Standard Utility Allowances Based on the Receipt of Energy Assistance Payments Under the Agricultural Act of 2014 
AGENCY : Food and Nutrition Service 
(FNS), USDA. 
ACTION : Proposed rule. 
SUMMARY : This proposed rule would 
revise Supplemental Nutrition Assistance Program (SNAP) regulations in accordance with amendments made to the Food and Nutrition Act of 2008 (the Act) that requires States that elect to use a heating or cooling standard utility allowance (HCSUA) in SNAP eligibility determinations to make the HCSUA available to households that have received a payment under the Low-Income Home Energy Assistance Act of 1981 (LIHEAA) (known as a Low- Income Home Energy Assistance Program (LIHEAP) payment), or other similar energy assistance program payment, greater than $20 annually in the current month or in the immediately preceding 12 months. 
DATES : Written comments must be 
received on or before June 20, 2016 to be assured of consideration. 
ADDRESSES : The USDA Food and 
Nutrition Service invites interested persons to submit written comments on this proposed rule. Comments may be submitted in writing by one of the following methods: 
•Preferred Method: Federal 
eRulemaking Portal: Go to http://www.regulations.gov. Follow the online 
instructions for submitting comments. 
•Mail: Send comments to Sasha 
Gersten-Paal, Branch Chief, Certification Policy Branch, Program Development Division, FNS, 3101 Park Center Drive, Alexandria, Virginia 22302, 703–305– 2507. 
All written comments submitted in 
response to this proposed rule will be included in the record and will be made available to the public. Please be advised that the substance of the comments and the identity of the individuals or entities submitting the comments will be subject to public disclosure. FNS will make the written comments publicly available on the Internet via http://www.regulations.gov. 
FOR FURTHER INFORMATION CONTACT : 
Sasha Gersten-Paal, Branch Chief, 
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