This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

12883

Vol. 60, No. 46

Thursday, March 9, 1995

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 317 and 381

[Docket No. 94–012F]

Incorporation by Reference; Updating

of Text; Net Weight Labeling of Meat

and Poultry Products

AGENCY: Food Safety and Inspection

Service, USDA.

ACTION: Direct final rule.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is amending

the Federal meat and poultry products

inspection regulations to update

references to the National Institute of

Standards and Technology (NIST)

Handbook 133, ‘‘Checking the Net

Contents of Packaged Goods’’ and NIST

Handbook 44, ‘‘Specifications,

Tolerances and Other Technical

Requirements for Measuring Devices.’’

A 1994 edition of NIST Handbook 44

was published in October 1993 and four

supplements to NIST Handbook 133

were published in September 1990,

October 1991, October 1992, and

October 1994, subsequent to their

incorporation by reference in certain

sections of the Federal meat and poultry

products inspection regulations. FSIS is

amending the provisions in its

regulations that reference the

publications to reflect the most recent

edition of NIST Handbook 44 and the

supplements to NIST Handbook 133.

DATES: This rule will be effective on

May 8, 1995 unless we receive written

adverse comments or written notice of

intent to submit adverse comments on

or before April 10, 1995.

ADDRESSES: Adverse comments or

notice of intent to submit adverse

comments should be sent in triplicate to

Regulations Development, Policy,

Evaluation and Planning Staff,

Attention: Diane Moore, FSIS Docket

Clerk, Food Safety and Inspection

Service, Room 3171, South Agriculture

Building, U.S. Department of

Agriculture, Washington, DC 20250.

Comments should reference Docket No.

94–012F. All comments will be

available for public inspection from 8:30

a.m. to 1 p.m. and 2 p.m. to 4:30 p.m.,

Monday through Friday, in Room 3171,

South Agriculture Building, 14th and

Independence Avenue SW.,

Washington, DC 20250.

FOR FURTHER INFORMATION CONTACT: Dr.

Paula M. Cohen, Director, Regulations

Development, Policy, Evaluation and

Planning Staff, Food Safety and

Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250,

(202) 720–7164.

SUPPLEMENTARY INFORMATION:

Background

Title 1 of the Code of Federal

Regulations (1 CFR Part 51) requires that

an Agency seeking approval of a change

to a publication that is approved for

incorporation by reference in the Code

of Federal Regulations publish a notice

of the change in the Federal Register

and amend the Code of Federal

Regulations. The Agency must also

ensure that a copy of the amendment or

revision is on file at the Office of the

Federal Register and notify the Director

of the Federal Register in writing that

the change is being made.

Accordingly, FSIS has reviewed the

most recent publications, NIST

Handbook 44 and supplements to NIST

Handbook 133, pertaining to meat and

meat food products and poultry and

poultry products and FSIS’ regulations

that reference the Handbooks.

The following is a summary of the

changes to NIST Handbooks 44 and 133

applicable to meat and poultry

products.

NIST Handbook 44

The changes to the General Scales

Codes of NIST Handbook 44 from 1990

through 1993 primarily recognize new

features and capabilities of scales. These

changes have the effect of giving scale

manufacturers more flexibility in scale

design and the ability to incorporate

features that better meet the needs of the

users. Although NIST Handbook 44

addresses a wide range of scales, the

following summary describes the most

significant changes to the Handbook as

it applies to scales used to weigh meat

and poultry products produced in meat

and poultry establishments.

The most significant change is

recognition of the use of electronic

forms of audit trails to provide security

to scale adjustments rather than

requiring the use of a physical security

seal to indicate when access to

metrological parameters has occurred.

Another change allows scales to

incorporate an ‘‘initial zero-setting

mechanism.’’ The mechanism allows

different types of scale platforms to be

used while continuing to allow the scale

to weigh to capacity. Marking

requirements have been combined into

a table format to make them more

understandable and easily referenced.

Additionally, automatic and semiautomatic calibration of scales using an

internal calibration weight are permitted

provided the calibration mechanism or

the calibration process do not facilitate

inaccurate adjustments to the scale.

Finally, tolerances for scales

manufactured before 1986 have been

consolidated, in table format, for easy

reference.

NIST Handbook 133

The changes to NIST Handbook 133

pertaining to meat and poultry products

are primarily for clarification and

consistency with the meat and poultry

products inspection regulations. The

following is a summary of the more

significant changes to NIST Handbook

133 pertaining to meat and poultry

products. The remaining changes were

strictly editorial.

1. The definition of ‘‘used tare’’ and

‘‘dried used tare’’ were made consistent

with procedures for meat and poultry

products that permit drying in a

microwave oven.

2. A reference to product for which no

gray area has yet been determined was

added.

3. The reference to bacon with freeflowing liquid as ‘‘subquality’’ was

deleted.

4. Group 5 Lower Limits for

Individual Weights was changed to 1

percent of labeled weight. The lower

limit of 1.5 ounces for the largest weight

of 160 ounces in Group 4 is equivalent

to 0.94 percent of the labeled weight. A

fixed lower limit of 2 ounces (or 4

ounces, depending upon the scale being

used) in Group 5 (with labeled weight

of 160 ounces and up) is too small as a

percentage of the labeled weights. For

example, a lower limit of 2 ounces for
12884 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Rules and Regulations

a labeled weight of 50 pounds is

equivalent to 0.25 percent of the labeled

weights.

5. Revisions were made to indicate

that packaging materials must be

cleaned before weighing tare and to

specify a zero gray area for bacon

packages with no free-flowing liquid

inside as well as packages with no

absorbent material.

6. Revisions were made to establish a

definition of ‘‘fresh poultry’’ for net

weight determinations and to clarify

that the gray area should only be

applied to raw, fresh poultry in retail

packages when wet tare tests are

conducted.

7. Revisions were made to specify

procedures for cleaning tare materials

and to add a paragraph on the

repackaging of packages opened for tare

determination.

8. A paragraph was added on

procedures to follow when there is no

free-flowing liquid or absorbent material

in contact with the product.

9. A paragraph was expanded to

include testing of bacon, sausage, or

luncheon meats with no free-flowing

liquid or absorbent tare material.

10. Revisions were made to reflect

changes to the Category A sampling

plans and to correct addresses and

telephone numbers of FSIS regional

offices.

Copies of the 1994 Edition of the

NIST Handbook 44, NIST Handbook

133, and supplements to NIST

Handbook 133 issued in September

1990, October 1991, October 1992, and

October 1994, are on file at the Office

of the Federal Register. Copies of the

publications and supplements may be

purchased from the Superintendent of

Documents, U.S. Government Printing

Office, Washington, DC 20402.

Effective Date

We are publishing this rule without

prior proposal because we view this

action as noncontroversial and

anticipate no adverse public comment.

This rule will be effective, as published

in this document, 60 days after the date

of publication in the Federal Register

unless we receive written adverse

comments or written notice of intent to

submit adverse comments within 30

days of the date of publication of this

rule in the Federal Register. Adverse

comments are comments that suggest

the rule should not be adopted or that

suggest the rule should be changed.

Executive Order 12866

This rule has been determined not to

be significant for purposes of Executive

Order 12866 and therefore has not been

reviewed by the Office of Management

and Budget.

Executive Order 12778

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule: (1) Preempts all State

and local laws and regulations that are

inconsistent with this rule; (2) has no

retroactive effect; and (3) does not

require administrative proceedings

before parties may file suit in court

challenging this rule.

Effect on Small Entities

The Administrator, FSIS, has

determined that this rule will not have

a significant economic impact on a

substantial number of small entities, as

defined by the Regulatory Flexibility

Act (5 U.S.C. 601).

List of Subjects

9 CFR 317

Incorporation by reference, Meat

inspection, Net weight.

9 CFR 381

Incorporation by reference, Poultry

products inspection, Net weight.

For the reasons set out in the

preamble, 9 CFR parts 317 and 381 are

amended as set forth below.

PART 317—LABELING, MARKING

DEVICES, AND CONTAINERS

1. The authority citation for Part 317

continues to read as follows:

Authority: 21 U.S.C. 601–695; 7 CFR 2.17,

2.55.

2. Section 317.19 is amended by

revising the first sentence of paragraph

(a) and by adding a new paragraph (c)

to read as follows:

§ 317.19 Definitions and procedures for

determining net weight compliance.

(a) For the purpose of §§ 317.18

through 317.22 of this part, the

reasonable variations allowed,

definitions, and procedures to be used

in determining net weight and net

weight compliance are described in the

National Institute of Standards and

Technology (NIST) Handbook 133,

‘‘Checking the Net Contents of Packaged

Goods,’’ Third Edition, September 1988,

and Supplements 1, 2, 3, and 4 dated

September 1990, October 1991, October

1992, and October 1994, respectively,

which are incorporated by reference,

with the exception of the NIST

Handbook 133 and Supplements 1, 3,

and 4 requirements listed in paragraphs

(b) and (c) of this section. * * *

(b) * * *

(c) The following requirements of

Supplement 1, dated September 1990,

Supplement 3, dated October 1992, and

Supplement 4, dated 1994, of NIST

Handbook 133 are not incorporated by

reference.

Supplement 1

Chapter 2 General Considerations

2.13.1. Polyethylene Sheeting and Film

2.13.2. Textiles

2.13.3. Mulch

Chapter 3 Methods of Test for

Packages Labeled by Weight

3.11.4. Exhausting the Aerosol

Container

Chapter 4 Methods of Test for

Packages Labeled by Volume

4.6.4. Method D: Determining the Net

Contents of Compressed Gas in

Cylinders

4.7. Milk

4.16. Fresh Oysters Labeled by Volume

Chapter 5 Methods of Test for

Packages Labeled by Count, Length,

Area, Thickness, or Combinations of

Quantities

5.4. Polyethylene Sheeting

Supplement 3

Chapter 3 Methods of Test for

Packages Labeled by Weight

3.17. Flour and Dry Pet Food

Chapter 5 Methods of Test for

Packages Labeled by Count, Length,

Area, Thickness, or Combination of

Quantities

5.4. Polyethylene Sheeting

5.5. Paper Plates

5.8. Baler Twine

Appendix A. Forms and Worksheets

Supplement 4

3.11 Aerosol Packages

3.11.1 Equipment

3.11.2 Preparation for Test

3.11.3 The Determination of Net

Contents: Part 1

3.11.4 Exhausting the Aerosol

Container

3.11.5 The Determination of Net

Contents: Part 2

Appendix A. Report Forms

3. Section 317.20(a) is amended by

revising the second sentence to read as

follows:

§ 317.20 Scale requirements for accurate

weights, repairs, adjustments, and

replacement after inspection.

(a) * * * Such scales shall meet the

applicable requirements contained in

National Institute of Standards and

Technology Handbook 44,

‘‘Specifications, Tolerances and Other

Technical Requirements for Weighing
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Rules and Regulations 12885

and Measuring Devices,’’ 1994 Edition,

October 1993, which is incorporated by

reference. * * *

* * * * *

PART 381—POULTRY PRODUCTS

INSPECTION REGULATIONS

4. The authority citation for part 381

continues to read as follows:

Authority: 7 U.S.C. 450; 21 U.S.C. 451–

470; 7 CFR 2.17, 2.55.

5. Section 381.121b is amended by

revising the first sentence of paragraph

(a) and adding a new paragraph (c) to

read as follows:

§ 381.121b Definitions and procedures for

determining net weight compliance.

(a) For the purpose of § 381.121b of

this part, the reasonable variations

allowed, definitions, and procedures to

be used in determining net weight and

net weight compliance are described in

the National Institute of Standards and

Technology (NIST) Handbook 133,

‘‘Checking the Net Contents of Packaged

Goods,’’ Third Edition, September 1988,

and Supplements 1, 2, 3, and 4 dated

September 1990, October 1991, October

1992, and October 1994, respectively,

which are incorporated by reference,

with the exception of the NIST

Handbook 133 and Supplements 1 and

3 requirements listed in paragraphs (b)

and (c) of this section. * * *

(b) * * *

(c) The following requirements of

Supplement 1 dated September 1990,

Supplement 3 dated October 1992, and

Supplement 4 dated October 1994, of

NIST Handbook 133 are not

incorporated by reference.

Supplement 1

Chapter 2 General Considerations

2.13.1. Polyethylene Sheeting and Film

2.13.2. Textiles

2.13.3. Mulch

Chapter 3 Methods of Test for

Packages Labeled by Weight

3.11.4. Exhausting the Aerosol

Container

Chapter 4 Methods of Test for

Packages Labeled by Volume

4.6.4. Method D: Determining the Net

Contents of Compressed Gas in

Cylinders

4.7. Milk

4.16. Fresh Oysters Labeled by Volume

Chapter 5 Methods of Test for

Packages Labeled by Count, Length,

Area, Thickness, or Combinations of

Quantities

5.4. Polyethylene Sheeting

Supplement 3

Chapter 3 Methods of Test for

Packages Labeled by Weight

3.17. Flour and Dry Pet Food

Chapter 5 Methods of Test for

Packages Labeled by Count, Length,

Area, Thickness, or Combinations of

Quantities

5.4. Polyethylene Sheeting

5.5. Paper Plates

5.8. Baler Twine

Appendix A. Forms and Worksheets

Supplement 4

3.11 Aerosol Packages

3.11.1 Equipment

3.11.2 Preparation for Test

3.11.3 The Determination of Net

Contents: Part 1

3.11.4 Exhausting the Aerosol

Container

3.11.5 The Determination of Net

Contents: Part 2

Appendix A. Report Forms

6. Section 381.121c(a) is amended by

revising the second sentence to read as

follows:

§ 381.121c Scale requirements for

accurate weights, repairs, adjustments, and

replacement after inspection.

(a) * * * Such scales shall meet the

applicable requirements contained in

National Institute of Standards and

Technology (NIST) Handbook 44,

‘‘Specifications, Tolerances and Other

Technical Requirements for Weighing

and Measuring Devices,’’ 1994 Edition,

October 1993, which is incorporated by

reference. * * *

* * * * *

Done at Washington, DC, on: February 14,

1995.

Michael R. Taylor,

Acting Under Secretary for Food Safety.

[FR Doc. 95–4500 Filed 3–8–95; 8:45 am]

BILLING CODE 3410–DM–P

DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 500

Foreign Assets Control Regulations;

Unblocking of Vietnamese Assets

AGENCY: Office of Foreign Assets

Control, Treasury.

ACTION: Final rule.

SUMMARY: Pursuant to the claims

settlement agreement entered into on

January 28, 1995, between the

Government of the United States and

the Government of the Socialist

Republic of Vietnam, the Office of

Foreign Assets Control is unblocking

assets in which Vietnam or a national

thereof has an interest, blocked

pursuant to the Foreign Assets Control

Regulations.

EFFECTIVE DATE: March 6, 1995.

FOR FURTHER INFORMATION CONTACT:

Steven I. Pinter, Chief of Licensing (tel.:

202/622–2480), or William B. Hoffman,

Chief Counsel (tel.: 202/622–2410),

Office of Foreign Assets Control,

Department of the Treasury,

Washington, D.C. 20220.

SUPPLEMENTARY INFORMATION:

Electronic Availability

This document is available as an

electronic file on The Federal Bulletin

Board the day of publication in the

Federal Register. By modem dial 202/

512–1387 or call 202/512–1530 for disks

or paper copies. This file is available in

Postscript, WordPerfect 5.1 and ASCII.

Background

On February 3, 1994, President

Clinton lifted the trade embargo against

Vietnam and authorized new financial

and other transactions with Vietnam

and its nationals. Property blocked as of

February 3, 1994, because of an interest

therein of Vietnam or its nationals,

however, remained blocked pending a

claims settlement agreement between

the two countries. On January 28, 1995,

an agreement was reached between the

United States Government and the

Government of the Socialist Republic of

Vietnam, in which Vietnam agreed to

pay $208.5 million in settlement of

outstanding U.S. private and

government claims, and providing that

the remaining Vietnamese property be

unblocked. Accordingly, this rule

amends the Foreign Assets Control

Regulations, 31 CFR part 500 (‘‘FACR’’),

to unblock assets held in the name of

the Vietnamese Government or a

national thereof on February 3, 1994.

Because the FACR involve a foreign

affairs function, Executive Order 12866

and the provisions of the Administrative

Procedure Act, 5 U.S.C. 553, requiring

notice of proposed rulemaking,

opportunity for public participation,

and delay in effective date, are

inapplicable. Because no notice of

proposed rulemaking is required for this

rule, the Regulatory Flexibility Act, 5

U.S.C. 601–612, does not apply.

List of Subjects in 31 CFR Part 500

Administrative practice and

procedure, Banks, Banking, Blocking of

assets, Cambodia, Exports, Fines and

penalties, Finance, Foreign investment

in the United States, Foreign trade,