Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations 10761 

PART 65—COUNTRY OF ORIGIN 

LABELING OF LAMB, CHICKEN, AND 

GOAT MEAT, PERISHABLE 

AGRICULTURAL COMMODITIES, 

MACADAMIA NUTS, PECANS, 

PEANUTS, AND GINSENG 

■ 1. The authority citation for part 65 

continues to read as follows: 

Authority: 7 U.S.C. 1621 et seq. 

■ 2. Revise the heading for part 65 to 

read as set forth above. 

§§ 65.110, 65.155, 65.175, and 65.215 

[Removed] 

■ 3. Remove §§ 65.110, 65.155, 65.175, 

and 65.215. 

■ 4. Amend § 65.135 by revising 

paragraphs (a)(1) and (2) to read as 

follows: 

§ 65.135 Covered commodity. 

(a) * * * 

(1) Muscle cuts of lamb, chicken, and 

goat; 

(2) Ground lamb, ground chicken, and 

ground goat; 

* * * * * 

■ 5. Revise § 65.220 to read as follows: 

§ 65.220 Processed food item. 

Processed food item means a retail 

item derived from a covered commodity 

that has undergone specific processing 

resulting in a change in the character of 

the covered commodity, or that has been 

combined with at least one other 

covered commodity or other substantive 

food component (e.g., chocolate, 

breading, tomato sauce), except that the 

addition of a component (such as water, 

salt, or sugar) that enhances or 

represents a further step in the 

preparation of the product for 

consumption, would not in itself result 

in a processed food item. Specific 

processing that results in a change in 

the character of the covered commodity 

includes cooking (e.g., frying, broiling, 

grilling, boiling, steaming, baking, 

roasting), curing (e.g., salt curing, sugar 

curing, drying), smoking (hot or cold), 

and restructuring (e.g., emulsifying and 

extruding). Examples of items excluded 

include roasted peanuts, breaded 

chicken tenders, and fruit medley. 

■ 6. Amend § 65.300 by revising 

paragraph (h) to read as follows: 

§ 65.300 Country of origin notification. 

* * * * * 

(h) Labeling ground lamb, ground 

goat, and ground chicken. The 

declaration for ground lamb, ground 

goat, and ground chicken covered 

commodities shall list all countries of 

origin contained therein or that may be 

reasonably contained therein. In 

determining what is considered 

reasonable, when a raw material from a 

specific origin is not in a processor’s 

inventory for more than 60 days, that 

country shall no longer be included as 

a possible country of origin. 

* * * * * 

■ 7. Amend § 65.500 by revising 

paragraph (b)(1) to read as follows: 

§ 65.500 Recordkeeping requirements. 

* * * * * 

(b) Responsibilities of suppliers. (1) 

Any person engaged in the business of 

supplying a covered commodity to a 

retailer, whether directly or indirectly, 

must make available information to the 

buyer about the country(ies) of origin of 

the covered commodity. This 

information may be provided either on 

the product itself, on the master 

shipping container, or in a document 

that accompanies the product through 

retail sale. In addition, the supplier of 

a covered commodity that is responsible 

for initiating a country(ies) of origin 

claim, which in the case of lamb, 

chicken, and goat, is the slaughter 

facility, must possess records that are 

necessary to substantiate that claim for 

a period of 1 year from the date of the 

transaction. For that purpose, packers 

that slaughter animals that are tagged 

with an 840 Animal Identification 

Number device without the presence of 

any additional accompanying marking 

(i.e., ‘‘CAN’’ or ‘‘M’’) may use that 

information as a basis for a U.S. origin 

claim. Packers that slaughter animals 

that are part of another country’s 

recognized official system (e.g. 

Canadian official system, Mexico 

official system) may also rely on the 

presence of an official ear tag or other 

approved device on which to base their 

origin claims. Producer affidavits shall 

also be considered acceptable records 

that suppliers may utilize to initiate 

origin claims, provided it is made by 

someone having first-hand knowledge of 

the origin of the covered commodity 

and identifies the covered commodity 

unique to the transaction. 

* * * * * 

Dated: February 26, 2016. 

Elanor Starmer, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2016–04609 Filed 3–1–16; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No.: FAA–2014–0001; Amdt. No. 

25–142] 

RIN 2120–AK29 

Harmonization of Airworthiness 

Standards—Fire Extinguishers and 

Class B and F Cargo Compartments; 

Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting a final 

rule published on February 16, 2016. In 

that rule, the FAA amended certain 

airworthiness regulations for transport 

category airplanes by upgrading fire 

safety standards for Class B cargo 

compartments; establishing fire safety 

standards for a new type of cargo 

compartment, Class F; and updating 

related standards for fire extinguishers. 

This amendment eliminated certain 

regulatory differences between the 

airworthiness standards of the FAA and 

the European Aviation Safety Agency 

(EASA), without affecting current 

industry design practices. However, in 

that document, the amendment number 

for the final rule was incorrect, and this 

document now posts the correct 

amendment number. 

DATES: This correction is effective on 

March 2, 2016. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Stephen M. Happenny, 

Propulsion/Mechanical Systems Branch, 

ANM–112, Transport Airplane 

Directorate, Aircraft Certification 

Service, Federal Aviation 

Administration, 1601 Lind Ave. SW., 

Renton, WA 98055–4056; telephone 

(425) 227–2147; facsimile (425) 227 

1232; email: stephen.happenny@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 16, 2016 (81 FR 7698), 

the FAA published a final rule entitled, 

‘‘Harmonization of Airworthiness 

Standards—Fire Extinguishers and Class 

B and F Cargo Compartments’’ (81 FR 

7698). 

This rule amended certain 

airworthiness regulations for transport 

category airplanes by upgrading fire 

safety standards for Class B cargo 

compartments; establishing fire safety 

standards for a new type of cargo 

compartment, Class F; and updating 


asabaliauskas on DSK3SPTVN1PROD with RULES
10762 Federal Register / Vol. 81, No. 41 / Wednesday, March 2, 2016 / Rules and Regulations 

related standards for fire extinguishers. 

The rule was based on 

recommendations from the Aviation 

Rulemaking Advisory Committee 

(ARAC) and the National Transportation 

Safety Board (NTSB), and the changes 

addressed designs for which 

airworthiness directives (ADs) have 

been issued by both the FAA and the 

French civil aviation authority, 

Direction Ge ́ne ́rale de l’Aviation Civile 

(DGAC). It eliminated certain regulatory 

differences between the airworthiness 

standards of the FAA and EASA, 

without affecting current industry 

design practices. These changes ensured 

an acceptable level of safety for these 

types of cargo compartments by 

standardizing certain requirements and 

procedures. 

However, the rule was published with 

an incorrect amendment number, ‘‘25– 

141,’’ which is the same amendment 

number as the rule entitled 

‘‘Harmonization of Airworthiness 

Standards—Gust and Maneuver Load 

Requirements’’ (79 FR 73462), 

published on December 11, 2014. The 

correct amendment number for this rule 

should be ‘‘25–142.’’ 

Correction 

In FR Doc. 2016–03000, beginning on 

page 7698 in the Federal Register of 

February 16, 2016, make the following 

correction: 

Correction 

1. On page 7698, in the third column, 

correct the 4th header paragraph from 

‘‘[Docket No.: FAA–2014–0001; Amdt. 

No. 25–141]’’ to read as ‘‘[Docket No.: 

FAA–2014–0001; Amdt. No. 25–142]’’. 

Issued under authority provided by 49 

U.S.C. 106(f) in Washington, DC, on February 

24, 2016. 

Lirio Liu, 

Director, Office of Rulemaking. 

[FR Doc. 2016–04508 Filed 3–1–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2016–0100] 

RIN 1625–AA00 

Safety Zone; Newtown Creek, Queens, 

NY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters of Newtown Creek 

between the Greenpoint Avenue Bridge 

(mile 1.3) and the entrance to Dutch 

Kills. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by a sunken vessel 

adjacent to the Federal navigation 

channel. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port New York. 

DATES: This rule is effective without 

actual notice from March 2, 2016 

through March 5, 2016. For the 

purposes of enforcement, actual notice 

will be used from February 3, 2016 

through March 2, 2016. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2016– 

0100 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Mr. Jeff Yunker, Coast Guard 

Sector New York Waterways 

Management Division, U.S. Coast 

Guard; telephone 718–354–4195, email 

jeff.m.yunker@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port New York 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of Proposed Rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because a vessel 

sank adjacent to the Federal navigation 

channel at the Sims Hugo Neu facility 

on Newtown Creek and immediate 

action is needed to respond to the 

potential safety hazards associated with 

removing cargo from the vessel and 

refloating the vessel. It is impracticable 

to publish an NPRM because we must 

establish this safety zone by February 3, 

2016. 

We are issuing this rule, and under 5 

U.S.C. 553(d)(3), the Coast Guard finds 

that good cause exists for making it 

effective less than 30 days after 

publication in the Federal Register. 

Delaying the effective date of this rule 

would be contrary to public interest 

because immediate action is needed to 

respond to the potential safety hazards 

associated with removing cargo from the 

vessel and refloating the vessel. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

COTP has determined that potential 

hazards associated with refloating a 

sunken barge adjacent to the Federal 

navigation channel starting February 4, 

2016 will be a safety concern for anyone 

between the Greenpoint Avenue Bridge 

(mile 1.3) and the confluence of 

Newtown Creek and Dutch Kills during 

this process. This rule is needed to 

protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone while 

cargo is removed from the vessel and 

the vessel is refloated. Therefore, this 

rule will remain in effect for the time 

stated herein but will be cancelled if 

response activities are finished cease 

before March 5, 2016. The preliminary 

estimate for completion of the cargo 

removal and refloating the vessel is 

February 6, 2016. This TFR provides for 

an extended enforcement period in case 

of unforeseen circumstances that 

prevent the contractors from completing 

the work within their initial estimated 

timeline. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from 7 a.m. on Wednesday, February 3, 

2016 through 11:59 p.m. on Saturday, 

March 5, 2016. The safety zone will 

cover all navigable waters between the 

Greenpoint Avenue Bridge (mile 1.3) 

and the confluence of Newtown Creek 

and Dutch Kills. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters while the vessel 

is being refloated. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive order related to rulemaking. 


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