81_FR_21777 81 FR 21706 - Classes of Poultry

81 FR 21706 - Classes of Poultry

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 81, Issue 71 (April 13, 2016)

Page Range21706-21709
FR Document2016-08488

The Food Safety and Inspection Service (FSIS) is amending the definition and standard of identity for the ``roaster'' or ``roasting chicken'' poultry class to better reflect the characteristics of ``roaster'' chickens in the market today. ``Roasters'' or ``roasting chickens'' are described in terms of the age and ready-to-cook (RTC) carcass weight of the bird. Genetic changes and management techniques have continued to reduce the grow-out period and increased the RTC weight for this poultry class. Therefore, FSIS is amending the ``roaster'' definition to remove the 8-week minimum age criterion and increase the RTC carcass weight from 5 pounds to 5.5 pounds. FSIS is taking this action in response to a petition submitted by the National Chicken Council.

Federal Register, Volume 81 Issue 71 (Wednesday, April 13, 2016)
[Federal Register Volume 81, Number 71 (Wednesday, April 13, 2016)]
[Rules and Regulations]
[Pages 21706-21709]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08488]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. FSIS-2015-0026]
RIN 0583-AD60


Classes of Poultry

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS) is amending the 
definition and standard of identity for the ``roaster'' or ``roasting 
chicken'' poultry class to better reflect the characteristics of 
``roaster'' chickens in the market today. ``Roasters'' or ``roasting 
chickens'' are described in terms of the age and ready-to-cook (RTC) 
carcass weight of the bird. Genetic changes and management techniques 
have continued to reduce the grow-out period and increased the RTC 
weight for this poultry class. Therefore, FSIS is amending the 
``roaster'' definition to remove the 8-week minimum age criterion and 
increase the RTC carcass weight from 5 pounds to 5.5 pounds. FSIS is 
taking this action in response to a petition submitted by the National 
Chicken Council.

DATES: Effective Date: January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director, 
Labeling and Program Delivery Staff, Office of Policy and Program 
Development, FSIS, USDA; Telephone (301)504-0879.

SUPPLEMENTARY INFORMATION: 

Background

    The Poultry Products Inspection Act (PPIA) prohibits the 
distribution of poultry products that are adulterated or misbranded (21 
U.S.C. 458). The PPIA also authorizes the Secretary of Agriculture to 
prescribe, among other things, definitions and standards of identity or 
composition for poultry products whenever the Secretary determines that 
such action is necessary for the protection of the public (21 U.S.C. 
457(b)). Poultry classes were established by USDA to aid in labeling 
poultry (9 CFR 381.170). The classes were based primarily on the age 
and sex of the bird. FSIS uses poultry class standards to ensure that 
poultry products are labeled in a truthful and non-misleading manner.
    On August 19, 2015, FSIS published a proposed rule to amend the 
definition and standard of identity for the ``roaster'' or ``roasting 
chicken'' poultry

[[Page 21707]]

class (hereafter referred to as ``roasters'') (80 FR 50229). Under the 
current regulations, a ``roaster'' is defined as a young chicken 
(between 8 and 12 weeks of age), of either sex, with a RTC weight of 5 
pounds or more, that is tender-meated with soft, pliable, smooth-
textured skin and breastbone cartilage that is somewhat less flexible 
than that of a broiler or fryer (9 CFR 381.170(a)(1)(iii)). FSIS 
published the final rule that established the current poultry class 
standards, including the ``roaster'' class, on November 3, 2011, and 
the rule went into effect on January 1, 2014.
    On November 18, 2013, before the January 1, 2014, effective date 
for the 2011 final rule, the National Chicken Council (NCC) petitioned 
FSIS to amend the definition and standard of identity for the 
``roaster'' chicken class to remove the 8-week minimum age requirement 
and to increase the RTC carcass weight to 5.5 pounds (http://www.fsis.usda.gov/wps/wcm/connect/adf54579-7a18-4ab2-a9b5-88f1eef65332/Petition-National-Chicken-Council.pdf?MOD=AJPERES). According to the 
petition, the ``roaster'' standard established in the 2011 final rule 
would detract from the orderly and efficient marketing of classes of 
poultry because companies would be unable to label and market chickens 
with the RTC weight and other physical attributes of a ``roaster'' as 
``roasters'' because of the minimum age requirement. The NCC asserted 
that improvements in breeding and poultry management techniques that 
have continued since FSIS published the November 2011 final rule have 
enabled producers to raise chickens with the characteristics of 
roasters in under 8 weeks.
    FSIS, in consultation with USDA's Agricultural Marketing Service 
(AMS), conducted a preliminary review of the NCC petition and 
supporting data and tentatively concluded that the petition had merit. 
Therefore, in the December 27, 2013, edition of the FSIS Constituent 
Update, FSIS announced that it would continue to allow chickens younger 
than 8 weeks of age to be labeled and marketed as ``roasters'' if these 
birds met all of the other characteristics of a ``roaster'' (http://www.fsis.usda.gov/wps/wcm/connect/7f5a78cd-48f5-411b-bcf3-6f0035e72ff8/Constituent-Update-122713.pdf?MOD=AJPERES&CONVERT_TO=url&CACHEID=7f5a78cd-48f5-411b-bcf3-6f0035e72ff8). They would have to have a RTC carcass weight of 5 pounds 
or more; be tender-meated; and have soft, pliable, smooth-textured skin 
that is somewhat less flexible than that of a broiler or fryer. FSIS 
also stated that it intended to propose to revise the roaster 
definition or reaffirm the definition established in the November 2011 
final rule.
    In July 2014, FSIS, in consultation with AMS, completed its review 
of the NCC petition and concluded that the available data supported the 
requested action (see the August 19, 2015 proposed rule ``Classes of 
Poultry'' (80 FR 50228)). On July 23, 2014, FSIS sent a letter to the 
NCC informing the organization that the Agency had decided to grant the 
petition (http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES). On August 
19, 2015, FSIS published a proposed rule to amend the poultry class 
standards to define a ``roaster'' or ``roasting chicken'' as a young 
chicken (less than 12 weeks of age) of either sex, with a RTC carcass 
weight of 5.5 pounds or more, that is tender-meated with soft, pliable 
smooth-textured skin and breastbone cartilage that may be somewhat less 
flexible than that of a ``broiler'' or ``fryer.'' After reviewing the 
comments on the proposed rule, FSIS is finalizing it without changes.

Summary of Comments and Responses

    FSIS received four comments on the proposed rule, one from an 
organization representing the chicken industry and three from private 
citizens.
    An organization representing the chicken industry strongly 
supported the proposed amendment because of the positive impacts on the 
poultry industry. According to the comment, such impacts include: (1) 
Aiding in the orderly and efficient marketing of classes of poultry in 
the United States, (2) eliminating the burden of periodically amending 
the regulation to reflect industry advancements in breeding by removing 
the minimum age requirement, and (3) reducing the cost for producers to 
efficiently raise birds. The organization also commented that efficient 
raising of birds would keep the cost of the final product lower for 
consumers because companies would not need to continue to pay for 
birds' feed until the birds reach eight weeks.
    The following is a summary of other relevant issues raised in the 
comments opposed to the rule and FSIS's responses.
    Comment: An individual opposed amending the ``roaster'' definition 
because the commenter believed that the change poses a health risk to 
the public. According to the comment, increasing the RTC weight from 5 
pounds to 5.5 pounds will change the time that a ``roasting chicken'' 
will have to cook.
    Response: FSIS disagrees that amending the ``roaster'' definition 
poses a health risk to the public. FSIS recommends cooking whole 
chicken to a safe minimum internal temperature of 165 [deg]F (73.9 
[deg]C) as measured with a food thermometer regardless of the weight of 
the bird. FSIS and standard cooking guidance recommend that those 
preparing whole chickens check the internal temperature in the 
innermost part of the thigh and wing and the thickest part of the 
breast. For planning purposes, some consumers approximate cooking times 
based on the weight of the carcass. FSIS requires all poultry labels to 
display an accurate net weight.
    Comment: Two comments from individuals stated that FSIS should 
maintain the 8-12 week age criteria for ``roasting chickens.'' 
According to the comments, ``roasters'' have a superior texture and 
flavor spectrum because of their age and not their size. One commenter 
asserted that the flavor of the meat improves with more bone versus 
cartilage in the finished meal. Another commenter said that the older 
the birds, the more firm and less fatty the meat. That commenter stated 
that consumers pay a premium for an older bird not a larger bird.
    Response: The new standard for ``roasting chicken'' eliminates the 
minimum age requirement of 8 weeks. Chickens up to 12 weeks may be 
labeled as ``roasters.'' Additionally, the ``roaster'' standard 
includes physical attributes, including those the commenters 
identified: the birds must be tender-meated with soft, pliable, smooth-
textured skin and have breastbone cartilage that may be somewhat less 
flexible than that of a ``broiler'' or ``fryer.'' Chickens that do not 
meet these physical attributes do not meet the standard for 
``roaster.''
    Comment: One individual stated that to assure consumers that they 
are purchasing an appropriately aged bird, product labels should 
indicate the age of the bird at the time of slaughter. According to the 
commenter, through this labeling information, consumers can decide 
whether they are purchasing a roaster or a broiler. Another individual 
said that companies should not be required to label birds as 
``broilers'' or ``roasters'' if the only difference between the two is 
size. According to the comment, the labeling should simply provide the 
RTC carcass weight.
    Response: Requiring that poultry carcasses be labeled with the age 
at time of slaughter would place an undue burden on industry without 
providing information to consumers that will inform their purchasing 
decisions. Both ``roasters'' and ``broilers'' may,

[[Page 21708]]

alternatively, be labeled as ``whole young chickens'' if the 
manufacturer prefers not to label them as ``roasters'' or ``broilers'' 
(9 CFR 381.117). Also, FSIS agrees with the petitioners that as long as 
chickens 12 weeks or younger have the appropriate characteristics, they 
may be labeled as ``roasters.''

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This final rule has been designated a ``non-significant'' 
regulatory action under section 3(f) of Executive Order 12866. 
Accordingly, the rule has not been reviewed by the Office of Management 
and Budget under Executive Order (E.O.) 12866.

Economic Impact Analysis

    FSIS affirms the preliminary regulatory impact analysis \1\ and is 
finalizing the proposed rule and regulatory impact analysis without 
change. This final rule will not have significant costs because FSIS 
allows chickens younger than 8 weeks with the physical attributes of 
``roasters'' to be labeled as ``roasters.'' \2\ The final rule will 
codify present practices and will not impose new requirements.
---------------------------------------------------------------------------

    \1\ http://www.fsis.usda.gov/wps/wcm/connect/3fc66d17-1b67-4e09-a4a2-5eabbc55940a/2015-0026.htm?MOD=AJPERES.
    \2\ See Constituent Update: http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2013/ConstUpdate122713.
---------------------------------------------------------------------------

    Amending the poultry class definition of ``roaster'' will benefit 
consumers by ensuring that chickens labeled as ``roasters'' continue to 
meet consumer expectations, and that the labels are truthful and not 
misleading. Consequently, consumers will be able to make informed 
purchase decisions.

Regulatory Flexibility Act Assessment

    The FSIS Administrator has determined that this final 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 et 
seq.). This final rule will not result in additional costs to the 
industry because FSIS allows chickens younger than 8 weeks with the 
physical attributes of ``roasters'' to be labeled as ``roasters.''

Paperwork Reduction Act

    FSIS has reviewed this rule under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3520) and has determined that the information 
collection related to labeling has been approved by OMB under OMB 
control number 0583-0092.
    FSIS does not anticipate many label changes as a result of the 
change to the ``roaster'' definition because establishments that 
produce chickens that comply with the ``roaster'' poultry class 
standard are already labeling these birds as ``roasters.''

Executive Order 12988, Civil Justice Reform

    This final rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. Under this rule: (1) All State and local laws and 
regulations that are inconsistent with this rule will be preempted; (2) 
no retroactive effect will be given to this rule; and (3) no 
administrative proceedings will be required before parties may file 
suit in court challenging this rule.

Executive Order 13175

    This rule has been reviewed in accordance with the requirements of 
Executive Order 13175, ``Consultation and Coordination with Indian 
Tribal Governments.'' E.O. 13175 requires Federal agencies to consult 
and coordinate with tribes on a government-to-government basis on 
policies that have tribal implications, including regulations, 
legislative comments or proposed legislation, and other policy 
statements or actions that have substantial direct effects on one or 
more Indian tribes, on the relationship between the Federal Government 
and Indian tribes or on the distribution of power and responsibilities 
between the Federal Government and Indian tribes.
    FSIS has assessed the impact of this rule on Indian tribes and 
determined that this rule does not, to our knowledge, have tribal 
implications that require tribal consultation under E.O. 13175. If a 
Tribe requests consultation, FSIS will work with the Office of Tribal 
Relations to ensure meaningful consultation is provided where changes, 
additions and modifications identified herein are not expressly 
mandated by Congress.

USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.

How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program 
Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your 
authorized representative.
    Send your completed complaint form or letter to USDA by mail, fax, 
or email:
    Mail: U.S. Department of Agriculture, Director, Office of 
Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.
    Fax: (202) 690-7442.
    Email: [email protected].
    Persons with disabilities who require alternative means for 
communication (Braille, large print, audiotape, etc.), should contact 
USDA's TARGET Center at (202) 720-2600 (voice and TDD).

Additional Public Notification

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS Web page located at: 
http://www.fsis.usda.gov/federal-register.
    FSIS also will make copies of this publication available through 
the FSIS Constituent Update, which is used to provide information 
regarding FSIS policies, procedures, regulations, Federal Register 
notices, FSIS public meetings, and other types of information that 
could affect or would be of interest to our constituents and 
stakeholders. The Update is available on the FSIS Web page. Through the 
Web page, FSIS is able to provide information to a much broader, more 
diverse audience. In addition, FSIS offers an email subscription 
service which provides automatic and customized access to selected food 
safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export 
information, regulations, directives, and notices. Customers can add or 
delete subscriptions themselves, and have the option to password 
protect their accounts.

[[Page 21709]]

List of Subjects in 9 CFR Part 381

    Food grades and standards, Poultry and poultry products.
    For the reasons stated in the preamble, FSIS amends 9 CFR part 381, 
as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

0
1. The authority citation for part 381 continues to read as follows:

    Authority:  7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.7, 
2.18, 2.53.

0
2. Amend Sec.  381.170 by revising paragraph (a)(1)(iii) to read as 
follows:


Sec.  381.170  Standards for kinds and classes, and for cuts of raw 
poultry.

    (a) * * *
    (1) * * *
    (iii) Roaster or roasting chicken. A ``roaster'' or ``roasting 
chicken'' is a young chicken (less than 12 weeks of age), of either 
sex, with a ready-to-cook carcass weight of 5.5 pounds or more, that is 
tender-meated with soft, pliable, smooth-textured skin and breastbone 
cartilage that is somewhat less flexible than that of a broiler or 
fryer.
* * * * *

    Done at Washington, DC, on: April 8, 2016.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2016-08488 Filed 4-12-16; 8:45 am]
 BILLING CODE 3410-DM-P



                                                21706              Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Rules and Regulations

                                                between September 2 and December 31,                      for the next 40 percent for total coverage             DEPARTMENT OF AGRICULTURE
                                                unless otherwise specified by the                         of 90 percent.
                                                Deputy Administrator.                                                                                            Food Safety and Inspection Service
                                                                                                          ■ 8. Revise § 1430.109(a)(2) to read as
                                                ■ 7. Revise § 1430.108 to read as
                                                                                                          follows:                                               9 CFR Part 381
                                                follows:
                                                                                                          § 1430.109 Effect of failure to pay                    [Docket No. FSIS–2015–0026]
                                                § 1430.108       Margin protection payments.              administrative fees or premiums.
                                                   (a) When do MPP-Dairy payments                                                                                RIN 0583–AD60
                                                trigger? An MPP-Dairy payment will be                       (a) * * *
                                                                                                                                                                 Classes of Poultry
                                                made to a participating dairy operation                     (2) Upon such failure to pay when
                                                for any consecutive 2-month period                        due after initial approved registration,               AGENCY:  Food Safety and Inspection
                                                when the average actual dairy                             loses coverage under MPP-Dairy until                   Service, USDA.
                                                production margin for the consecutive                     such administrative fee or premium is                  ACTION: Final rule.
                                                2-month period falls below the coverage                   paid in full, and once paid, coverage
                                                level threshold in effect for the                         will begin with the next consecutive 2-                SUMMARY:    The Food Safety and
                                                participating dairy operation. Payments                   month period. Failure to pay the                       Inspection Service (FSIS) is amending
                                                may trigger at either the elected buy-up                  premium fee when due will reduce                       the definition and standard of identity
                                                level if purchased by the dairy                           coverage to the catastrophic level for the             for the ‘‘roaster’’ or ‘‘roasting chicken’’
                                                operation, or the catastrophic level.                                                                            poultry class to better reflect the
                                                                                                          September and October period and
                                                   (b) How will payments be calculated?                                                                          characteristics of ‘‘roaster’’ chickens in
                                                                                                          November and December period in that
                                                Whether payments trigger at the                                                                                  the market today. ‘‘Roasters’’ or
                                                                                                          coverage year.                                         ‘‘roasting chickens’’ are described in
                                                catastrophic level or at the buy-up level,
                                                the payments will be calculated as                        *     *     *     *    *                               terms of the age and ready-to-cook
                                                explained in this paragraph. If the dairy                 ■ 9. Revise § 1430.111 to read as                      (RTC) carcass weight of the bird.
                                                operation only has catastrophic                           follows:                                               Genetic changes and management
                                                coverage or buy-up coverage at 90                                                                                techniques have continued to reduce the
                                                percent, there will be a single                           § 1430.111        Relation to RMA’s LGM-Dairy          grow-out period and increased the RTC
                                                calculation. If the dairy operation                       Program.                                               weight for this poultry class. Therefore,
                                                purchased buy-up coverage at less than                                                                           FSIS is amending the ‘‘roaster’’
                                                                                                             (a) A producer may participate in
                                                90 percent and the catastrophic level                                                                            definition to remove the 8-week
                                                                                                          either MPP-Dairy through a dairy                       minimum age criterion and increase the
                                                also triggers a payment, then there will
                                                                                                          operation or the LGM-Dairy program                     RTC carcass weight from 5 pounds to
                                                be two calculations to determine the
                                                                                                          operated by RMA, but not both.                         5.5 pounds. FSIS is taking this action in
                                                payment—first the calculation for the
                                                buy-up coverage percentage and then                          (b) Producers in dairy operations                   response to a petition submitted by the
                                                the calculation for the catastrophic level                participating in MPP-Dairy must certify                National Chicken Council.
                                                percentage, which is the balance of the                   at the time of registration and annually               DATES: Effective Date: January 1, 2018.
                                                established production history up to 90                   during each coverage election period                   FOR FURTHER INFORMATION CONTACT:
                                                percent; the result of these two                          that they will not have an LGM-Dairy                   Rosalyn Murphy-Jenkins, Director,
                                                calculations will be added together to                    policy in effect during the calendar year              Labeling and Program Delivery Staff,
                                                determine the payment amount. Each                        the dairy operation is requesting                      Office of Policy and Program
                                                calculation multiplies the payment rate                   coverage.                                              Development, FSIS, USDA; Telephone
                                                times the coverage percentage times the                      (c) A participating dairy operation                 (301)504–0879.
                                                production history divided by 6 as                                                                               SUPPLEMENTARY INFORMATION:
                                                                                                          may be required to provide proof, to the
                                                follows:
                                                                                                          satisfaction of FSA, of the cancellation               Background
                                                   (1) Payment rate. The amount by
                                                                                                          or expiration of any previous LGM-
                                                which the coverage level exceeds the                                                                                The Poultry Products Inspection Act
                                                average actual dairy production margin                    Dairy policy.
                                                                                                                                                                 (PPIA) prohibits the distribution of
                                                for the 2-month period;                                   ■ 10. Amend § 1430.112 by revising                     poultry products that are adulterated or
                                                   (2) Coverage percentage. The coverage                  paragraph (b) to read as follows:                      misbranded (21 U.S.C. 458). The PPIA
                                                percentage; and                                                                                                  also authorizes the Secretary of
                                                   (3) Production history. The                            § 1430.112        Multi-year contract.                 Agriculture to prescribe, among other
                                                production history of the dairy                           *     *    *      *    *                               things, definitions and standards of
                                                operation, divided by 6.                                    (b) Failure to pay administrative fees               identity or composition for poultry
                                                   (c) Example of payment for buy-up                      and premiums will result in the loss or                products whenever the Secretary
                                                coverage of less than 90 percent when                     reduction of coverage, as applicable,                  determines that such action is necessary
                                                catastrophic level also triggers a                        and the participating dairy operation                  for the protection of the public (21
                                                payment. If the dairy operation                                                                                  U.S.C. 457(b)). Poultry classes were
                                                                                                          remains obligated to pay such
                                                purchased buy-up level coverage at less                                                                          established by USDA to aid in labeling
                                                                                                          administrative fees and premiums as
                                                than 90 percent of production history,                                                                           poultry (9 CFR 381.170). The classes
                                                then the dairy operation will receive a                   specified in § 1430.109.
                                                                                                                                                                 were based primarily on the age and sex
                                                payment calculated at the buy-up level,                   *     *    *      *    *                               of the bird. FSIS uses poultry class
jstallworth on DSK7TPTVN1PROD with RULES




                                                plus the payment at the catastrophic                      Val Dolcini,                                           standards to ensure that poultry
                                                level, if triggered, for the balance of 90                                                                       products are labeled in a truthful and
                                                percent of its established production                     Administrator, Farm Service Agency, and
                                                                                                                                                                 non-misleading manner.
                                                                                                          Executive Vice President, Commodity Credit
                                                history. For example, if a producer                                                                                 On August 19, 2015, FSIS published
                                                                                                          Corporation.
                                                purchased buy-up coverage at the 50                                                                              a proposed rule to amend the definition
                                                                                                          [FR Doc. 2016–08482 Filed 4–12–16; 8:45 am]
                                                percent level, then that producer will                                                                           and standard of identity for the
                                                also receive catastrophic level coverage                  BILLING CODE 3410–05–P                                 ‘‘roaster’’ or ‘‘roasting chicken’’ poultry


                                           VerDate Sep<11>2014     14:03 Apr 12, 2016   Jkt 238001   PO 00000   Frm 00008    Fmt 4700   Sfmt 4700   E:\FR\FM\13APR1.SGM   13APR1


                                                                 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Rules and Regulations                                          21707

                                                class (hereafter referred to as ‘‘roasters’’)           propose to revise the roaster definition                 Response: FSIS disagrees that
                                                (80 FR 50229). Under the current                        or reaffirm the definition established in             amending the ‘‘roaster’’ definition poses
                                                regulations, a ‘‘roaster’’ is defined as a              the November 2011 final rule.                         a health risk to the public. FSIS
                                                young chicken (between 8 and 12 weeks                      In July 2014, FSIS, in consultation                recommends cooking whole chicken to
                                                of age), of either sex, with a RTC weight               with AMS, completed its review of the                 a safe minimum internal temperature of
                                                of 5 pounds or more, that is tender-                    NCC petition and concluded that the                   165 °F (73.9 °C) as measured with a food
                                                meated with soft, pliable, smooth-                      available data supported the requested                thermometer regardless of the weight of
                                                textured skin and breastbone cartilage                  action (see the August 19, 2015                       the bird. FSIS and standard cooking
                                                that is somewhat less flexible than that                proposed rule ‘‘Classes of Poultry’’ (80              guidance recommend that those
                                                of a broiler or fryer (9 CFR                            FR 50228)). On July 23, 2014, FSIS sent               preparing whole chickens check the
                                                381.170(a)(1)(iii)). FSIS published the                 a letter to the NCC informing the                     internal temperature in the innermost
                                                final rule that established the current                 organization that the Agency had                      part of the thigh and wing and the
                                                poultry class standards, including the                  decided to grant the petition (http://                thickest part of the breast. For planning
                                                ‘‘roaster’’ class, on November 3, 2011,                 www.fsis.usda.gov/wps/wcm/connect/                    purposes, some consumers approximate
                                                and the rule went into effect on January                d6fba22b-271d-4204-adc6-                              cooking times based on the weight of
                                                1, 2014.                                                56ab45d7b587/NCC-FSIS-Response-                       the carcass. FSIS requires all poultry
                                                   On November 18, 2013, before the                     72314.pdf?MOD=AJPERES). On August                     labels to display an accurate net weight.
                                                January 1, 2014, effective date for the                 19, 2015, FSIS published a proposed                      Comment: Two comments from
                                                2011 final rule, the National Chicken                   rule to amend the poultry class                       individuals stated that FSIS should
                                                Council (NCC) petitioned FSIS to amend                  standards to define a ‘‘roaster’’ or                  maintain the 8–12 week age criteria for
                                                the definition and standard of identity                 ‘‘roasting chicken’’ as a young chicken               ‘‘roasting chickens.’’ According to the
                                                for the ‘‘roaster’’ chicken class to                    (less than 12 weeks of age) of either sex,            comments, ‘‘roasters’’ have a superior
                                                remove the 8-week minimum age                           with a RTC carcass weight of 5.5 pounds               texture and flavor spectrum because of
                                                requirement and to increase the RTC                     or more, that is tender-meated with soft,             their age and not their size. One
                                                carcass weight to 5.5 pounds (http://                   pliable smooth-textured skin and                      commenter asserted that the flavor of
                                                www.fsis.usda.gov/wps/wcm/connect/                      breastbone cartilage that may be                      the meat improves with more bone
                                                adf54579-7a18-4ab2-a9b5-                                somewhat less flexible than that of a                 versus cartilage in the finished meal.
                                                88f1eef65332/Petition-National-                         ‘‘broiler’’ or ‘‘fryer.’’ After reviewing the         Another commenter said that the older
                                                Chicken-Council.pdf?MOD=AJPERES).                       comments on the proposed rule, FSIS is                the birds, the more firm and less fatty
                                                According to the petition, the ‘‘roaster’’              finalizing it without changes.                        the meat. That commenter stated that
                                                standard established in the 2011 final                                                                        consumers pay a premium for an older
                                                                                                        Summary of Comments and Responses
                                                rule would detract from the orderly and                                                                       bird not a larger bird.
                                                efficient marketing of classes of poultry                  FSIS received four comments on the                    Response: The new standard for
                                                because companies would be unable to                    proposed rule, one from an organization               ‘‘roasting chicken’’ eliminates the
                                                label and market chickens with the RTC                  representing the chicken industry and                 minimum age requirement of 8 weeks.
                                                weight and other physical attributes of                 three from private citizens.                          Chickens up to 12 weeks may be labeled
                                                a ‘‘roaster’’ as ‘‘roasters’’ because of the               An organization representing the                   as ‘‘roasters.’’ Additionally, the
                                                minimum age requirement. The NCC                        chicken industry strongly supported the               ‘‘roaster’’ standard includes physical
                                                asserted that improvements in breeding                  proposed amendment because of the                     attributes, including those the
                                                and poultry management techniques                       positive impacts on the poultry                       commenters identified: the birds must
                                                that have continued since FSIS                          industry. According to the comment,                   be tender-meated with soft, pliable,
                                                published the November 2011 final rule                  such impacts include: (1) Aiding in the               smooth-textured skin and have
                                                have enabled producers to raise                         orderly and efficient marketing of                    breastbone cartilage that may be
                                                chickens with the characteristics of                    classes of poultry in the United States,              somewhat less flexible than that of a
                                                roasters in under 8 weeks.                              (2) eliminating the burden of                         ‘‘broiler’’ or ‘‘fryer.’’ Chickens that do
                                                   FSIS, in consultation with USDA’s                    periodically amending the regulation to               not meet these physical attributes do not
                                                Agricultural Marketing Service (AMS),                   reflect industry advancements in                      meet the standard for ‘‘roaster.’’
                                                conducted a preliminary review of the                   breeding by removing the minimum age                     Comment: One individual stated that
                                                NCC petition and supporting data and                    requirement, and (3) reducing the cost                to assure consumers that they are
                                                tentatively concluded that the petition                 for producers to efficiently raise birds.             purchasing an appropriately aged bird,
                                                had merit. Therefore, in the December                   The organization also commented that                  product labels should indicate the age of
                                                27, 2013, edition of the FSIS Constituent               efficient raising of birds would keep the             the bird at the time of slaughter.
                                                Update, FSIS announced that it would                    cost of the final product lower for                   According to the commenter, through
                                                continue to allow chickens younger                      consumers because companies would                     this labeling information, consumers
                                                than 8 weeks of age to be labeled and                   not need to continue to pay for birds’                can decide whether they are purchasing
                                                marketed as ‘‘roasters’’ if these birds met             feed until the birds reach eight weeks.               a roaster or a broiler. Another individual
                                                all of the other characteristics of a                      The following is a summary of other                said that companies should not be
                                                ‘‘roaster’’ (http://www.fsis.usda.gov/                  relevant issues raised in the comments                required to label birds as ‘‘broilers’’ or
                                                wps/wcm/connect/7f5a78cd-48f5-411b-                     opposed to the rule and FSIS’s                        ‘‘roasters’’ if the only difference between
                                                bcf3-6f0035e72ff8/Constituent-Update-                   responses.                                            the two is size. According to the
                                                122713.pdf?MOD=AJPERES&                                    Comment: An individual opposed                     comment, the labeling should simply
                                                CONVERT_TO=url&CACHEID=                                 amending the ‘‘roaster’’ definition                   provide the RTC carcass weight.
jstallworth on DSK7TPTVN1PROD with RULES




                                                7f5a78cd-48f5-411b-bcf3-6f0035e72ff8).                  because the commenter believed that                      Response: Requiring that poultry
                                                They would have to have a RTC carcass                   the change poses a health risk to the                 carcasses be labeled with the age at time
                                                weight of 5 pounds or more; be tender-                  public. According to the comment,                     of slaughter would place an undue
                                                meated; and have soft, pliable, smooth-                 increasing the RTC weight from 5                      burden on industry without providing
                                                textured skin that is somewhat less                     pounds to 5.5 pounds will change the                  information to consumers that will
                                                flexible than that of a broiler or fryer.               time that a ‘‘roasting chicken’’ will have            inform their purchasing decisions. Both
                                                FSIS also stated that it intended to                    to cook.                                              ‘‘roasters’’ and ‘‘broilers’’ may,


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                                                21708            Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Rules and Regulations

                                                alternatively, be labeled as ‘‘whole                    younger than 8 weeks with the physical                disability, age, marital status, family/
                                                young chickens’’ if the manufacturer                    attributes of ‘‘roasters’’ to be labeled as           parental status, income derived from a
                                                prefers not to label them as ‘‘roasters’’               ‘‘roasters.’’                                         public assistance program, or political
                                                or ‘‘broilers’’ (9 CFR 381.117). Also,                                                                        beliefs, exclude from participation in,
                                                                                                        Paperwork Reduction Act
                                                FSIS agrees with the petitioners that as                                                                      deny the benefits of, or subject to
                                                long as chickens 12 weeks or younger                       FSIS has reviewed this rule under the              discrimination any person in the United
                                                have the appropriate characteristics,                   Paperwork Reduction Act of 1995 (44                   States under any program or activity
                                                they may be labeled as ‘‘roasters.’’                    U.S.C. 3501–3520) and has determined                  conducted by the USDA.
                                                                                                        that the information collection related to
                                                Executive Orders 12866 and 13563                        labeling has been approved by OMB                     How To File a Complaint of
                                                   Executive Orders 12866 and 13563                     under OMB control number 0583–0092.                   Discrimination
                                                direct agencies to assess all costs and                    FSIS does not anticipate many label                   To file a complaint of discrimination,
                                                benefits of available regulatory                        changes as a result of the change to the              complete the USDA Program
                                                alternatives and, if regulation is                      ‘‘roaster’’ definition because                        Discrimination Complaint Form, which
                                                necessary, to select regulatory                         establishments that produce chickens                  may be accessed online at http://
                                                approaches that maximize net benefits                   that comply with the ‘‘roaster’’ poultry              www.ocio.usda.gov/sites/default/files/
                                                (including potential economic,                          class standard are already labeling these             docs/2012/Complain_combined_6_8_
                                                environmental, public health and safety                 birds as ‘‘roasters.’’                                12.pdf, or write a letter signed by you
                                                effects, distributive impacts, and                      Executive Order 12988, Civil Justice                  or your authorized representative.
                                                equity). Executive Order 13563                          Reform
                                                emphasizes the importance of                                                                                     Send your completed complaint form
                                                quantifying both costs and benefits, of                   This final rule has been reviewed                   or letter to USDA by mail, fax, or email:
                                                reducing costs, of harmonizing rules,                   under Executive Order 12988, Civil                       Mail: U.S. Department of Agriculture,
                                                and of promoting flexibility. This final                Justice Reform. Under this rule: (1) All              Director, Office of Adjudication, 1400
                                                rule has been designated a ‘‘non-                       State and local laws and regulations that             Independence Avenue SW.,
                                                significant’’ regulatory action under                   are inconsistent with this rule will be               Washington, DC 20250–9410.
                                                section 3(f) of Executive Order 12866.                  preempted; (2) no retroactive effect will
                                                                                                                                                                 Fax: (202) 690–7442.
                                                Accordingly, the rule has not been                      be given to this rule; and (3) no
                                                reviewed by the Office of Management                    administrative proceedings will be                       Email: program.intake@usda.gov.
                                                and Budget under Executive Order                        required before parties may file suit in                 Persons with disabilities who require
                                                (E.O.) 12866.                                           court challenging this rule.                          alternative means for communication
                                                                                                        Executive Order 13175                                 (Braille, large print, audiotape, etc.),
                                                Economic Impact Analysis                                                                                      should contact USDA’s TARGET Center
                                                   FSIS affirms the preliminary                           This rule has been reviewed in                      at (202) 720–2600 (voice and TDD).
                                                regulatory impact analysis 1 and is                     accordance with the requirements of
                                                finalizing the proposed rule and                        Executive Order 13175, ‘‘Consultation                 Additional Public Notification
                                                regulatory impact analysis without                      and Coordination with Indian Tribal
                                                                                                                                                                 Public awareness of all segments of
                                                change. This final rule will not have                   Governments.’’ E.O. 13175 requires
                                                                                                                                                              rulemaking and policy development is
                                                significant costs because FSIS allows                   Federal agencies to consult and
                                                                                                                                                              important. Consequently, FSIS will
                                                chickens younger than 8 weeks with the                  coordinate with tribes on a government-
                                                                                                                                                              announce this Federal Register
                                                physical attributes of ‘‘roasters’’ to be               to-government basis on policies that
                                                                                                                                                              publication on-line through the FSIS
                                                labeled as ‘‘roasters.’’ 2 The final rule               have tribal implications, including
                                                                                                                                                              Web page located at: http://
                                                will codify present practices and will                  regulations, legislative comments or
                                                                                                                                                              www.fsis.usda.gov/federal-register.
                                                not impose new requirements.                            proposed legislation, and other policy
                                                   Amending the poultry class definition                statements or actions that have                          FSIS also will make copies of this
                                                of ‘‘roaster’’ will benefit consumers by                substantial direct effects on one or more             publication available through the FSIS
                                                ensuring that chickens labeled as                       Indian tribes, on the relationship                    Constituent Update, which is used to
                                                ‘‘roasters’’ continue to meet consumer                  between the Federal Government and                    provide information regarding FSIS
                                                expectations, and that the labels are                   Indian tribes or on the distribution of               policies, procedures, regulations,
                                                truthful and not misleading.                            power and responsibilities between the                Federal Register notices, FSIS public
                                                Consequently, consumers will be able to                 Federal Government and Indian tribes.                 meetings, and other types of information
                                                make informed purchase decisions.                         FSIS has assessed the impact of this                that could affect or would be of interest
                                                                                                        rule on Indian tribes and determined                  to our constituents and stakeholders.
                                                Regulatory Flexibility Act Assessment                   that this rule does not, to our                       The Update is available on the FSIS
                                                   The FSIS Administrator has                           knowledge, have tribal implications that              Web page. Through the Web page, FSIS
                                                determined that this final rule will not                require tribal consultation under E.O.                is able to provide information to a much
                                                have a significant economic impact on                   13175. If a Tribe requests consultation,              broader, more diverse audience. In
                                                a substantial number of small entities as               FSIS will work with the Office of Tribal              addition, FSIS offers an email
                                                defined by the Regulatory Flexibility                   Relations to ensure meaningful                        subscription service which provides
                                                Act (5 U.S.C. 601 et seq.). This final rule             consultation is provided where changes,               automatic and customized access to
                                                will not result in additional costs to the              additions and modifications identified                selected food safety news and
                                                industry because FSIS allows chickens                   herein are not expressly mandated by                  information. This service is available at:
jstallworth on DSK7TPTVN1PROD with RULES




                                                                                                        Congress.                                             http://www.fsis.usda.gov/subscribe.
                                                  1 http://www.fsis.usda.gov/wps/wcm/connect/                                                                 Options range from recalls to export
                                                3fc66d17-1b67-4e09-a4a2-5eabbc55940a/2015-              USDA Non-Discrimination Statement                     information, regulations, directives, and
                                                0026.htm?MOD=AJPERES.                                     No agency, officer, or employee of the              notices. Customers can add or delete
                                                  2 See Constituent Update: http://

                                                www.fsis.usda.gov/wps/portal/fsis/newsroom/
                                                                                                        USDA shall, on the grounds of race,                   subscriptions themselves, and have the
                                                meetings/newsletters/constituent-updates/archive/       color, national origin, religion, sex,                option to password protect their
                                                2013/ConstUpdate122713.                                 gender identity, sexual orientation,                  accounts.


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                                                                 Federal Register / Vol. 81, No. 71 / Wednesday, April 13, 2016 / Rules and Regulations                                            21709

                                                List of Subjects in 9 CFR Part 381                      calibrated angle of attack (AOA)                      CL–600–2C10 (Regional Jet Series 700,
                                                  Food grades and standards, Poultry                    transducers installed in the stall                    701, & 702) airplanes, Model CL–600–
                                                and poultry products.                                   protection system. This AD requires                   2D15 (Regional Jet Series 705) airplanes,
                                                  For the reasons stated in the                         replacement of affected AOA                           Model CL–600–2D24 (Regional Jet
                                                preamble, FSIS amends 9 CFR part 381,                   transducers. We are issuing this AD to                Series 900) airplanes, and Model CL–
                                                as follows:                                             detect and replace incorrectly calibrated             600–2E25 (Regional Jet Series 1000)
                                                                                                        AOA transducers; incorrect calibration                airplanes. The NPRM published in the
                                                PART 381—POULTRY PRODUCTS                               of the transducers could result in late               Federal Register on November 12, 2015
                                                INSPECTION REGULATIONS                                  activation of the stick pusher.                       (80 FR 69896) (‘‘the NPRM’’).
                                                                                                        DATES: This AD is effective May 18,                     Transport Canada Civil Aviation
                                                ■ 1. The authority citation for part 381                2016.                                                 (TCCA), which is the aviation authority
                                                continues to read as follows:                              The Director of the Federal Register               Canada, has issued Canadian
                                                  Authority: 7 U.S.C. 138f, 450; 21 U.S.C.              approved the incorporation by reference               Airworthiness Directive CF–2015–18,
                                                451–470; 7 CFR 2.7, 2.18, 2.53.                         of a certain publication listed in this AD            dated July 16, 2015 (referred to after this
                                                ■ 2. Amend § 381.170 by revising                        as of May 18, 2016.                                   as the Mandatory Continuing
                                                paragraph (a)(1)(iii) to read as follows:               ADDRESSES: For service information                    Airworthiness Information, or ‘‘the
                                                                                                        identified in this final rule, contact                MCAI’’), to correct an unsafe condition
                                                § 381.170 Standards for kinds and classes,              Bombardier, Inc., 400 Côte-Vertu Road                for certain Bombardier, Inc. Model CL–
                                                and for cuts of raw poultry.                            West, Dorval, Québec H4S 1Y9, Canada;                600–2C10 (Regional Jet Series 700, 701,
                                                   (a) * * *                                            telephone 514–855–5000; fax 514–855–                  & 702) airplanes, Model CL–600–2D15
                                                   (1) * * *                                            7401; email thd.crj@                                  (Regional Jet Series 705) airplanes,
                                                   (iii) Roaster or roasting chicken. A                 aero.bombardier.com; Internet http://                 Model CL–600–2D24 (Regional Jet
                                                ‘‘roaster’’ or ‘‘roasting chicken’’ is a                www.bombardier.com. You may view                      Series 900) airplanes, and Model CL–
                                                young chicken (less than 12 weeks of                    this referenced service information at                600–2E25 (Regional Jet Series 1000)
                                                age), of either sex, with a ready-to-cook               the FAA, Transport Airplane                           airplanes. The MCAI states:
                                                carcass weight of 5.5 pounds or more,                   Directorate, 1601 Lind Avenue SW.,                       It was discovered that a number of AOA
                                                that is tender-meated with soft, pliable,               Renton, WA. For information on the                    transducers installed on Bombardier CL–
                                                smooth-textured skin and breastbone                     availability of this material at the FAA,             600–2C10, CL–600–2D15, CL–600–2D24, and
                                                cartilage that is somewhat less flexible                call 425–227–1221. It is also available               CL–600–2E25 aeroplanes were incorrectly
                                                than that of a broiler or fryer.                        on the Internet at http://                            calibrated due to a quality control problem at
                                                                                                                                                              both the production and repair facilities.
                                                *       *    *      *     *                             www.regulations.gov by searching for
                                                                                                                                                              Incorrect calibration of the AOA transducer
                                                  Done at Washington, DC, on: April 8, 2016.            and locating Docket No. FAA–2015–                     could result in a late activation of the stick
                                                                                                        4811.                                                 pusher.
                                                Alfred V. Almanza,
                                                                                                        Examining the AD Docket                                  This [Canadian] AD mandates the
                                                Acting Administrator.
                                                                                                                                                              replacement of the incorrectly calibrated
                                                [FR Doc. 2016–08488 Filed 4–12–16; 8:45 am]               You may examine the AD docket on                    AOA transducer.
                                                BILLING CODE 3410–DM–P                                  the Internet at http://
                                                                                                                                                                You may examine the MCAI in the
                                                                                                        www.regulations.gov by searching for
                                                                                                                                                              AD docket on the Internet at http://
                                                                                                        and locating Docket No. FAA–2015–
                                                                                                                                                              www.regulations.gov by searching for
                                                DEPARTMENT OF TRANSPORTATION                            4811; or in person at the Docket
                                                                                                                                                              and locating Docket No. FAA–2015–
                                                                                                        Management Facility between 9 a.m.
                                                Federal Aviation Administration                                                                               4811.
                                                                                                        and 5 p.m., Monday through Friday,
                                                                                                        except Federal holidays. The AD docket                Comments
                                                14 CFR Part 39                                          contains this AD, the regulatory                        We gave the public the opportunity to
                                                                                                        evaluation, any comments received, and                participate in developing this AD. We
                                                [Docket No. FAA–2015–4811; Directorate
                                                Identifier 2015–NM–104–AD; Amendment                    other information. The street address for             considered the one comment received.
                                                39–18481; AD 2016–08–05]                                the Docket Office (telephone 800–647–                 The commenter supported the NPRM.
                                                                                                        5527) is Docket Management Facility,
                                                RIN 2120–AA64                                           U.S. Department of Transportation,                    Conclusion
                                                                                                        Docket Operations, M–30, West                           We reviewed the relevant data,
                                                Airworthiness Directives; Bombardier,                   Building Ground Floor, Room W12–140,
                                                Inc. Airplanes                                                                                                considered the comments received, and
                                                                                                        1200 New Jersey Avenue SE.,                           determined that air safety and the
                                                AGENCY:  Federal Aviation                               Washington, DC 20590.                                 public interest require adopting this AD
                                                Administration (FAA), Department of                     FOR FURTHER INFORMATION CONTACT:                      as proposed except for minor editorial
                                                Transportation (DOT).                                   Cesar Gomez, Aerospace Engineer,                      changes. We have determined that these
                                                ACTION: Final rule.                                     Airframe and Mechanical Systems                       minor changes:
                                                                                                        Branch, ANE–171, FAA, New York                          • Are consistent with the intent that
                                                SUMMARY:   We are adopting a new                        Aircraft Certification Office (ACO), 1600             was proposed in the NPRM for
                                                airworthiness directive (AD) for certain                Stewart Avenue, Suite 410, Westbury,                  correcting the unsafe condition; and
                                                Bombardier, Inc. Model CL–600–2C10                      NY 11590; telephone 516–228–7318; fax                   • Do not add any additional burden
                                                (Regional Jet Series 700, 701, & 702)                   516–794–5531.                                         upon the public than was already
jstallworth on DSK7TPTVN1PROD with RULES




                                                airplanes, Model CL–600–2D15                            SUPPLEMENTARY INFORMATION:                            proposed in the NPRM.
                                                (Regional Jet Series 705) airplanes,
                                                Model CL–600–2D24 (Regional Jet                         Discussion                                            Related Service Information Under 1
                                                Series 900) airplanes, and Model CL–                      We issued a notice of proposed                      CFR Part 51
                                                600–2E25 (Regional Jet Series 1000)                     rulemaking (NPRM) to amend 14 CFR                       We reviewed Bombardier Service
                                                airplanes. This AD was prompted by the                  part 39 by adding an AD that would                    Bulletin 670BA–27–069, dated March
                                                discovery of a number of incorrectly                    apply to certain Bombardier, Inc. Model               30, 2015. This service information


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Document Created: 2016-04-13 03:10:35
Document Modified: 2016-04-13 03:10:35
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactRosalyn Murphy-Jenkins, Director, Labeling and Program Delivery Staff, Office of Policy and Program Development, FSIS, USDA; Telephone (301)504-0879.
FR Citation81 FR 21706 
RIN Number0583-AD60
CFR AssociatedFood Grades and Standards and Poultry and Poultry Products

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