77234 Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 

F. Comments Received on Proposed 

Rule AMS–NOP–15–0015; NOP–15–07 

AMS received two comments on 

proposed rule AMS–NOP–15–0015. 

Only one comment from a consumer 

addressed the 2015 Sunset review 

amendments to remove marsala and 

sherry wines from the National List. The 

second comment was from a California 

apple producer and it addressed 

removing the expired listings, 

streptomycin and tetracycline, from the 

National List. 

The consumer who commented on 

removing marsala and sherry wines 

from the National List agreed with the 

proposed amendment to prohibit the 

use of these nonorganic ingredients in 

foods labeled as organic. During their 

sunset review of marsala and sherry, the 

NOSB did not receive comments 

supporting the continued use of these 

wines as nonorganic ingredients in 

organic products. Additionally, since no 

comments were received opposing the 

removal of marsala and sherry wines 

from the National List, AMS is 

finalizing these amendments as 

proposed through this final rule. 

Additionally, the consumer who 

supported the removal of marsala and 

sherry wines also added that nonorganic 

ingredients should not be used in 

organic foods. AMS has considered this 

comment. The USDA organic 

regulations, in § 205.301(b), requires 

that a raw or processed agricultural 

product sold, labeled, or represented as 

‘‘organic’’ must contain not less than 95 

percent organically produced raw or 

processed agricultural products. Any 

remaining product ingredients must be 

organically produced, unless not 

commercially available in organic form, 

or must be nonagricultural substances as 

listed in § 205.605, or nonorganic 

agricultural products as listed in 

§ 205.606 on the National List. In 

essence, the USDA organic regulations 

requires organic producers or organic 

handlers to maximize organic 

ingredients before using nonorganic 

nonagricultural or nonorganic 

agricultural that are included on the 

National List. 

Changes Requested But Not Made 

The commenter on the proposed 

removal of expired listings for 

streptomycin and tetracycline did not 

agree with this action and did not agree 

with the prohibition against the use of 

these antibiotics to control fire blight 

infestation in apple production. This 

commenter stated that the prohibition of 

streptomycin and tetracycline for use in 

apple production has had a significant 

impact on organic apple growers in 

California’s central valley. According to 

this commenter, the alternatives to the 

use of streptomycin and tetracycline 

researched in the Pacific Northwest are 

ineffective in controlling fire blight in 

California’s central valley. The 

commenter claims the amendment to 

prohibit the use of these antibiotics to 

control fire blight created a significant 

economic advantage for apple growers 

in the Pacific Northwest. The removal of 

the expired listings for streptomycin 

and tetracycline in the proposed rule is 

essentially a notice of a technical 

correction since the prohibition on the 

use of these two substances in organic 

crop production is already in effect. 

The final rule that established the 

effective date of streptomycin’s 

expiration date as listed in 

§ 205.601(i)(11) was published in the 

Federal Register (77 FR 33290) on June 

6, 2012. This final rule addressed 

comments received on the proposed 

rule to list streptomycin with an 

expiration date, including comments in 

support of or in opposition to the 

expiration date. AMS also addressed 

comments on commercially viable 

alternatives, including the efficacy of 

these alternatives, and addressed 

additional factors considered by the 

NOSB during their determination. Since 

the prohibition against the use of 

streptomycin has been in effect since 

October 22, 2014, AMS is finalizing this 

correction as noted in the proposed rule. 

Organic producers who have 

determined that there are no 

commercially available alternatives to 

streptomycin in controlling fire blight in 

apples or pear production for their 

region can submit a petition (http://

www.ams.usda.gov/rules-regulations/

organic/national-list/filing-petition) to 

add streptomycin back onto the 

National List. 

The final rule that established the 

effective date of tetracycline’s expiration 

date as listed in § 205.601(i)(12) was 

published in the Federal Register (77 

FR 45903) on August 2, 2012. This final 

rule addressed comments received on 

the proposed rule to list tetracycline 

with an expiration date, including 

comments in support of or in opposition 

to the expiration date. AMS also 

addressed comments on commercially 

viable alternatives, including the 

efficacy of these alternatives, and 

addressed additional factors considered 

by the NOSB during their 

determination. Since the prohibition 

against the use of tetracycline has been 

in effect since October 22, 20014, AMS 

is finalizing this correction as noted in 

the proposed rule. Organic producers 

who have determined that there are no 

commercially available alternatives to 

tetracycline in controlling fire blight in 

apples or pear production for their 

region can submit a petition (http://

www.ams.usda.gov/rules-regulations/

organic/national-list/filing-petition) to 

add tetracycline back onto the National 

List. 

List of Subjects in 7 CFR Part 205 

Administrative practice and 

procedure, Agricultural commodities, 

Imports, Labeling, Livestock, Reporting 

and recordkeeping requirements, Soil 

conservation. 

For the reasons set forth in the 

preamble, 7 CFR part 205 is amended as 

follows: 

PART 205—NATIONAL ORGANIC 

PROGRAM 

■ 1. The authority citation for 7 CFR 

part 205 continues to read as follows: 

Authority: 7 U.S.C. 6501–6522. 

§ 205.601 [Amended] 

■ 2. Section 205.601 is amended by 

removing paragraphs (i)(11) and (12). 

§ 205.606 [Amended] 

■ 3. Section 205.606 is amended by 

removing paragraph (g) and 

redesignating paragraphs (h) through (z) 

as (g) through (y). 

Dated: December 8, 2015. 

Rex A. Barnes, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2015–31413 Filed 12–11–15; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–3321; Airspace 

Docket No. 15–ANM–17] 

Establishment of Class E Airspace, 

Neah Bay, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at U. S. Coast Guard Station 

Neah Bay Heliport, Neah Bay, WA, to 

accommodate a new Standard 

Instrument Approach Procedure 

developed at the heliport. Controlled 

airspace is necessary for the safety and 

management of Instrument Flight Rules 

(IFR) operations at the heliport. 

DATES: Effective 0901 UTC, February 4, 

2016. The Director of the Federal 

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Federal Register / Vol. 80, No. 239 / Monday, December 14, 2015 / Rules and Regulations 77235 

Register approves this incorporation by 

reference action under Title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 

information, you can contact the 

Airspace Policy and ATC Regulations 

Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 29591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of FAA 

Order 7400.9Z at NARA, call 202–741– 

6030, or go to http://www.archives.gov/ 

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Steve Haga, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA, 98057; 

telephone (425) 203–4563. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it establishes 

controlled airspace at Neah Bay, WA. 

History 

On September 29, 2015, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to establish Class E airspace extending 

upward from 700 feet above the surface 

at U.S. Coast Guard Station Neah Bay 

Heliport, Neah Bay, WA (80 FR 58364). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. 

Class E airspace designations are 

published in paragraph 6005, of FAA 

Order 7400.9Z, dated August 6, 2015, 

and effective September 15, 2015, which 

is incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, Airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

establishes Class E airspace extending 

upward from 700 feet above the surface 

at U.S. Coast Guard Station Neah Bay 

Heliport, Neah Bay, WA. Establishment 

of a GPS approach has made this action 

necessary for the safety and 

management of IFR operations at the 

heliport. Class E airspace is established 

within a 1-mile radius of the U.S. Coast 

Guard Station Neah Bay Heliport, with 

a segment extending from the 1-mile 

radius to 2.5 miles northeast of the 

heliport. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1F, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ANM WA E5 U.S. Coast Guard Station 

Neah Bay Heliport, Neah Bay, WA [New] 

U.S. Coast Guard Station Neah Bay Heliport, 

WA 

(Lat. 48°22′14′′ N., long. 124°35′53′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 1-mile radius 

of U.S. Coast Guard Station Neah Bay 

Heliport, and within 1 mile each side of the 

055° bearing from the heliport extending 

from the 1-mile radius to 2.5 miles northeast 

of the heliport. 

Issued in Seattle, Washington, on 

December 7, 2015. 

Tracey Johnson, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2015–31274 Filed 12–11–15; 8:45 am] 

BILLING CODE 4910–13–P 

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