This section of the FEDERAL REGISTER
contains regulatory documents having generalapplicability and legal effect, most of whichare keyed to and codified in the Code ofFederal Regulations, which is published under50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.Rules and RegulationsFederal Register55909 
Vol. 88, No. 158 
Thursday, August 17, 2023 
1Schat, K.A. and Erb, H.N. Lack of evidence that 
avian oncogenic viruses are infectious for humans: 
A review. Avian Diseases, 2014; 58: 345–358. 
2Schat, K.A. and Erb, H.N. Lack of evidence that 
avian oncogenic viruses are infectious for humans: A review. Avian Diseases, 2014; 58: 345–358. 3The petition and FSIS’ response are available at: 
Petition to Treat Avian Leukosis as a Trimmable Condition | Food Safety and Inspection Service 
(usda.gov). DEPARTMENT OF AGRICULTURE 
Food Safety and Inspection Service 
9 CFR Part 381 
[Docket No. FSIS 2021–0004] 
RIN 0583–AD84 
Condemnation of Poultry Carcasses 
Affected With Any Form of Avian Leukosis Complex; Recission 
AGENCY : Food Safety and Inspection 
Service (FSIS), U.S. Department of Agriculture (USDA). 
ACTION : Final rule. 
SUMMARY : FSIS is amending the poultry 
products inspection regulations to rescind several regulations related to the inspection and condemnation of poultry carcasses affected with any of the forms of avian leukosis complex. 
DATES : Effective September 18, 2023. 
FOR FURTHER INFORMATION CONTACT : 
Rachel Edelstein, Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 937–4272. 
SUPPLEMENTARY INFORMATION : 
Background 
Avian Leukosis Complex (also 
referred to as avian leukosis) is a rare condition in poultry that includes three virally-induced, tumor-causing diseases in poultry, none of which are transmissible to humans.
1The three 
characterized diseases are Marek’s Disease caused by Marek’s Disease virus (MDV), Lymphoid Leukosis, and Reticuloendotheliosis.
2 
On March 14, 2022, FSIS proposed to 
amend the poultry products inspection regulations to rescind several regulations related to the inspection and condemnation of poultry carcasses 
affected with any of the forms of avian leukosis (87 FR 14182). FSIS proposed these changes in response to a petition from the National Chicken Council (NCC), which requested that the Agency amend its regulations to designate avian leukosis as a trimmable condition rather 
than a condition that requires condemnation of the entire carcass.
3 
The petition also requested that FSIS rescind the regulations at 9 CFR 381.36(f)(3) that require young chicken establishments operating under the New Poultry Inspection System (NPIS) to provide a location at a point along the production line to permit an FSIS inspector to inspect for leukosis the first 300 carcasses of each flock, together with their corresponding viscera. In addition, the petition requested that FSIS rescind the regulations at 9 CFR 381.76(b)(6)(iv) that prescribe the 300- bird leukosis inspection procedure under the NPIS. The petition asserted that the current regulations related to leukosis are based on an outdated understanding of this poultry disease, impose unnecessary costs on industry, and present a potential barrier to young chicken establishments that may want to convert to NPIS. 
As FSIS explained in the proposed 
rule, the Agency evaluated the available scientific information on avian leukosis and concluded that there was scientific support for treating avian leukosis as a trimmable condition under 9 CFR 381.87 in all poultry establishments operating under FSIS’ mandatory and voluntary inspection. 
Final Rule 
After carefully considering comments 
submitted on the proposed rule, FSIS is 
finalizing the proposal with no changes. Therefore, FSIS is rescinding the regulation (9 CFR 381.82) that requires condemnation of all poultry carcasses affected with any of the forms of avian leukosis. FSIS is also rescinding the regulation (9 CFR 381.36(f)(3)) that requires young chicken slaughter establishments operating under NPIS to provide a location along the production line at which a FSIS inspector inspects the first 300 carcasses of each flock together with associated viscera for leukosis, as well as the regulation that 
prescribes inspection procedures for avian leukosis in young chicken slaughter establishments operating under NPIS (9 CFR 381.76(b)(6)(iv)). Under this final rule, carcasses affected with avian leukosis will be subject to the amended 9 CFR 381.87, which provides that any organ or other carcass part affected with tumors may be trimmed and that the unaffected parts of the carcass may be inspected and passed. The amended 9 CFR 381.87 also requires condemnation of any organ or other part of a carcass that is affected by a tumor where there is evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor. 
Summary of Comments and Responses 
FSIS received 15 comments on the 
proposed rule from 1 organization 
representing the poultry industry, 2 consumer groups, and 12 individuals. Most of the commenters supported the proposed rule. One individual and two consumer groups opposed the proposed rule. A summary of comments and FSIS responses follows. 
Public Health 
Comment: Two consumer groups 
stated that poultry with avian leukosis 
should be condemned for unwholesomeness under 21 U.S.C. 453(g)(3). Also, two individuals were concerned that because avian leukosis nodules or tumors may be extremely small, poultry products affected by avian leukosis may not be free from unwholesome defects, even if they are trimmed. 
Response: As FSIS explained in the 
proposed rule, avian leukosis is a rare condition. Less than 0.01 percent of total young chickens slaughtered, are condemned every year for avian leukosis, based on Agency data from 2015 to 2019 (87 FR 14182, 14184). Given the low incidence rate and the fact that FSIS inspectors are trained to 
inspect for avian leukosis, it is unlikely for unwholesome product to be inspected and passed. FSIS will continue to condemn carcasses and parts when there is evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor (9 CFR 381.87). 
Comment: Several individuals stated 
that under this rule the avian leukosis 
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4N.A. Cox, J.L. Wilson, M.T. Musgrove, R.J. Buhr, 
J.E. Sandler, B.P. Hudson, ‘‘Positive Relationship of 
the Avian Leukosis-J Strain Virus to the Detection of Campylobacter in the Digestive Tract and Semen 
of Broiler Breeder Roosters,’’ Journal of Applied Poultry Research, Vol. 13, Issue 1, 2004, Pages 44– 47, ISSN 1056–6171, https://doi.org/10.1093/japr/ 13.1.44. (https://www.sciencedirect.com/science/ 
article/pii/Sl056617119314096) 
5Huang JQ, JK Xin, C Mao, F Zhong and JQ Chai, 
2013. ‘‘Co-infection of avian leukosis virus and Salmonella pullorum with the preliminary 
eradication in breeders of Chinese local ’Shouguang’ chickens.’’ Pak Vet], 33(4): 428–432. 6As part of its Salmonella Verification Program, 
FSIS assesses whether establishments meet pathogen reduction performance standards for Salmonella in young chicken and turkey carcasses, 
raw chicken parts, and not ready-to-eat comminuted chicken and turkey products (see 81 FR 7285). viruses could mutate and cross species 
barriers and contaminate humans. 
Response: As FSIS explained in the 
proposed rule (87 FR 14182, 14183), 
while several studies confirmed the presence of antibodies to MDV, Avian Lymphoid Leukosis, and Reticuloendotheliosis viruses in people working in poultry slaughter and processing establishments, there have been no indications that these poultry diseases are involved in human disease. FSIS also explained that experimental laboratory studies have been unable to establish that any of the avian oncogenic viruses have the ability to infect and replicate in mammalian cells, including humans (87 FR 14182, 14183–84). Therefore, current science does not support that avian leukosis is a human health concern. 
Comment: A consumer group argued 
that two studies
45showed that chickens 
suffering from avian leukosis are more likely to carry high loads of foodborne pathogens, such as Salmonella and 
Campylobacter. 
Response: As FSIS explained in the 
foregoing and in the proposed rule, less than 0.01 percent of total young chickens slaughtered are condemned every year for avian leukosis, based on Agency data from 2015 to 2019 (87 FR 14182, 14184). Therefore, it would be a rare occurrence for establishments to slaughter and process chickens suffering from avian leukosis. Additionally, FSIS’ current regulations address contamination from enteric pathogens. FSIS requires all establishments that slaughter poultry to develop, implement, and maintain written procedures to prevent contamination of carcasses and parts by enteric pathogens, such as Salmonella and 
Campylobacter—regardless of the levels of Salmonella and Campylobacter—and 
fecal material throughout the entire slaughter and dressing operation (9 CFR 381.65(g)). Establishments must incorporate their procedures into their Hazard Analysis and Critical Control Point (HACCP) systems, i.e., HACCP 
plan, Sanitation Standard Operating Procedure, or prerequisite program. To help poultry slaughter and processing establishments in controlling hazards and meeting the FSIS pathogen performance standards,
6FSIS has 
issued guidelines on best practices for addressing Salmonella and 
Campylobacter in poultry products. The 
guidelines are available at: FSIS Guideline for Controlling Salmonella in Raw Poultry: FSIS–GD–2021–0005 and FSIS Guideline for Controlling Campylobacter in Raw Poultry: FSIS– GD–2021–0006. 
Comment: A consumer group stated 
that FSIS should remove avian leukosis inspection requirements only if poultry processors provide supplier data demonstrating a decrease in avian leukosis transmission risk in birds sent to slaughter establishments. The same consumer group and an individual commented that FSIS failed to consider how the proposed rule may lead poultry growers and breeders to reduce precautions against avian leukosis. The consumer group and individual stated that the proposed rule would reduce the economic incentive for growers to vaccinate birds against avian leukosis. 
Response: Poultry growers and 
breeders are not likely to reduce their precautions against avian leukosis because FSIS inspectors will continue to inspect for the condition. FSIS also disagrees that rescinding 9 CFR 381.82 would result in removing the economic incentive to vaccinate flocks. Unvaccinated flocks are at risk of resulting in carcasses that are severely affected by lesions or tumors. To avoid trimming and processing costs, slaughter establishments will continue to source birds with minimal to no lesions or tumors. Further, any organ or other part of a carcass affected by a tumor where there is evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor will be condemned under 9 CFR 381.87. Thus, the economic incentive to vaccinate flocks and to breed leukosis-resistant birds remains. 
Trimming Lesions 
Comment: An individual asked if 
FSIS inspectors will reduce an 
establishment’s evisceration line speed if they observe tumors on carcasses after the establishment has conducted any trimming or other preparation on the carcass. Response: Inspectors-In-Charge (IICs) 
assess whether inspectors can 
adequately inspect each carcass at the line speed the establishment operates. 9 CFR 381.76, 381.67, and 381.69 contain the regulations for proper presentation for each type of slaughter system and for line speeds based on the health of each flock and the manner in which birds are being presented to the inspector. IICs have the authority to stop or slow line speeds to ensure that establishments maintain process control and online inspection personnel can perform post- mortem inspection of each poultry carcass. Line speed reductions may be necessary when online inspection personnel require additional time to perform post-mortem inspection including if a flock has a high number of carcasses with disease or other 
conditions. Any inspection personnel may stop the line when necessary to ensure that avian leukosis is trimmed and that a safe and unadulterated product is produced. 
Costs 
Comment: An individual commented 
that the savings associated with the 
proposed rule were not sufficient to justify treating avian leukosis lesions as a trimmable condition. 
Response: The Agency disagrees. 
These regulatory changes are estimated to be net beneficial, will reduce production costs, and will have no impact on public health. However, FSIS is not changing the regulations solely because of the economic benefits. As explained above, FSIS is changing the regulations because of scientific support for treating avian leukosis as a trimmable condition. 
Comment: An individual commented 
that the economic analysis does not include all potential cost savings. According to the commenter, the proposed changes could prevent establishments from having to condemn entire batches of parts if the parts were comingled with parts from a single condemned carcass. 
Response: FSIS is aware the proposed 
rule may benefit industry in multiple ways. However, due to data limitations, the cost benefit analysis only monetized the cost savings associated with the condemned carcasses. 
Comment: A consumer group stated 
that there are methods to test for avian leukosis and keep it out of the food supply chain, but industry does not implement these testing methods for economic reasons. 
Response: The proposed rule does not 
change the economics associated with the growers’ decision to use these tests. Infected, unvaccinated birds may still 
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7Evaluation of HACCP Inspection Models Project 
(HIMP) (usda.gov). 8On average, from 2015 to 2019 about 9 billion 
young chicken were slaughtered each year. 
9FSIS used data from the Public Health 
Information System (PHIS). PHIS is FSIS’s 
electronic data analytic system, used to collect, consolidate, and analyze data in order to improve public health. 
10National Chicken Council: Market Weight 
pounds, live weight: https://www.nationalchickencouncil.org/statistic/us- broiler-performance/. Accessed on October 6, 2022. 
11USDA: Economic Research Service: Live Stock 
Meat: Domestic Data Whole sale price: 2021 Average: Broilers (cents/lb.) National Comp.: https://www.ers.usda.gov/data-products/livestock- meat-domestic-data/livestock-meat-domestic-data/#Wholesale%20Prices. Accessed on October 6, 
2022. 12United States Census Bureau: Annual Survey of 
Manufactures: Summary Statistics for Industry Groups and Industries in the U.S.: 2021. ECNSVY Annual Survey of Manufactures Annual Survey of Manufactures Area NAICS 311615: Poultry Processing. Accessed on March 6, 2023: https://data.census.gov/table?q=311615&tid=ASMAREA2017.AM1831BASIC01. 
13FSIS used data from PHIS to identify these 
establishments by HACCP category. become affected with lesions or tumors 
and condemned under 9 CFR 381.87 or product from these birds could be trimmed. The condemnation of the entire carcass will still incentivize growers to continue with the common commercial practice to vaccinate each chicken flock for Marek’s Disease and to breed leukosis-resistant birds. Furthermore, establishments would still be motivated to purchase vaccinated birds to avoid potential labor costs and loss of efficiency associated with trimming affected carcasses. 
Establishments Producing Fowl 
Comment: One individual asked how 
FSIS intends to handle treating avian 
leukosis as a trimmable condition in any mature fowl establishments operating under NPIS. 
Response: These establishments will 
be treated the same as young chicken establishments operating under NPIS. 
Inspection Resources 
Comment: A consumer group noted 
that under NPIS, establishment 
employees are responsible for removing tumors. The commenter argued that the Agency has made no determination that identifying the tumors is feasible at allowed line speeds. 
Response: Under this final rule, avian 
leukosis will be treated as other trimmable defects. FSIS has determined that establishments are able to effectively maintain process control while removing trimmable defects at 175 bpm in HACCP Inspection Models Project (HIMP) establishments (see 79 FR 49565, 49572).
7Establishments will 
need to adjust line speeds to ensure they maintain process control and their employees have enough time to trim defects from affected carcasses. If FSIS inspection program personnel find that establishment employees are not properly maintaining process control and trimming defects then, as explained above, FSIS inspection personnel have the authority to stop or slow the evisceration line. 
Executive Orders 12866 and 13563, and 
the Regulatory Flexibility Act 
Executive Orders (E.O.s) 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 benefits, distributive impacts, and equity). E.O. 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 as a ‘‘non-significant’’ regulatory action under section 3(f) of E.O. 12866. Accordingly, the final rule has not been reviewed by the Office of Management and Budget under E.O. 12866. 
Economic Impact Analysis 
FSIS did not receive any public 
comments that would require revising 
the cost benefit analysis. FSIS updated the average weight and price of young chicken to reflect the impact of the final rule in 2021 dollars. This final rule will benefit all poultry slaughter establishments by decreasing the number of carcasses condemned for leukosis. In 2019, young chicken represented 96 percent of total poultry slaughtered and 87 percent of poultry condemned from leukosis. FSIS used young chicken slaughter totals to estimate the expected benefits for this rule. An average of 62,445 young chicken carcasses, which represents less than 0.01 percent of total young chicken slaughtered,
8were condemned every 
year for leukosis, based on Agency data from 2015 to 2019.
9Based on data from 
the NCC and the USDA Economic Research Service, the 2021 market weight of a young chicken was 6.46 pounds
10and the 2021 average 
wholesale price was $1.01 per pound.11 
As such, these chickens would have a wholesale value of roughly $407,429 in 2021. Allowing establishments to 
address leukosis by trimming affected areas, rather than condemning the entire carcass, would result in industry cost savings of at least $407,429 per year. 
The final rule will also remove a 
potential barrier for young chicken establishments that want to convert to the NPIS by eliminating the need to reconfigure lines and make other changes to provide an inspection area for FSIS to conduct the 300-bird leukosis check. Converting to NPIS will benefit these establishments because they would have more flexibility to design and implement production measures tailored to their operations. The final rule will reduce production costs for NPIS young chicken establishments by removing the inefficiencies associated with the current 300-bird leukosis checks, such as automatically slowing the line if a leukosis positive flock is identified, even if only a few carcasses demonstrated leukosis-like lesions. Eliminating the 300-bird leukosis checks will also allow FSIS to shift inspection resources currently required for leukosis checks to other offline activities that are more important in ensuring food safety. 
This final rule is not expected to 
result in additional costs to industry, consumers, or FSIS. 
Regulatory Flexibility Act Assessment 
The FSIS Administrator certifies that, 
for the purposes of the Regulatory 
Flexibility Act (5 U.S.C. 601–602), this final rule will not have a significant economic impact on a substantial number of small entities in the United States. The final rule will not increase costs to the industry. 
FSIS does not expect this final rule to 
result in costs to small entities because establishments will not be required to change their procedures unless they choose to address leukosis by trimming affected areas instead of disposing of the entire carcass. Establishments will choose actions that are beneficial to them. In 2021, total poultry industry revenue was estimated at $76.98 billion.
12As such, the estimated cost 
savings of $407,429 would be less than 0.01 percent of industry revenue and would not be considered a significant economic impact. 
From 2015 to 2019, about 28 percent 
of the establishments that had poultry carcasses condemned for leukosis were classified as HACCP size small and about 15 percent were HACCP size very small.
13Small and very small poultry 
establishments that choose to address leukosis by trimming affected areas, will benefit from the expected cost savings associated with this final rule. 
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Paperwork Reduction Act 
There are no new paperwork or 
recordkeeping requirements associated 
with this final rule under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). 
E-Government Act 
FSIS and USDA are committed to 
achieving the purposes of the E- 
Government Act (44 U.S.C. 3601, et seq.) by, among other things, promoting the use of the internet and other information technologies and providing increased opportunities for citizen access to Government information and services, and for other purposes. 
Executive Order 12988, Civil Justice 
Reform 
This final rule has been reviewed 
under E.O. 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 final rule has been reviewed in 
accordance with the requirements of 
E.O. 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. 
Environmental Impact 
Each USDA agency is required to 
comply with 7 CFR part 1b of the 
Departmental regulations, which supplements the National Environmental Policy Act regulations published by the Council on 
Environmental Quality. Under these regulations, actions of certain USDA agencies and agency units are categorically excluded from the preparation of an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) unless the agency head determines that an action may have a significant environmental effect (7 CFR 1b.4 (b)). FSIS is among the agencies categorically excluded from the preparation of an EA or EIS (7 CFR 1b.4 (b)(6)). FSIS has determined that this final rule, which rescinds 9 CFR 381.82, 381.36(f)(3) and 381.76(b)(6)(iv), and amends 9 CFR 381.87, will not create any extraordinary circumstances that would result in this normally excluded action having a significant individual or cumulative effect on the human environment. Therefore, this action is appropriately subject to the categorical exclusion from the preparation of an environmental assessment or environmental impact statement provided under 7 CFR 1b.4(6) of the U.S. Department of Agriculture regulations. 
USDA Non-Discrimination Statement 
In accordance with Federal civil 
rights law and USDA civil rights 
regulations and policies, USDA, its Mission Areas, agencies, staff offices, employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to 
all programs). Remedies and complaint filing deadlines vary by program or incident. 
Program information may be made 
available in languages other than English. Persons with disabilities who require alternative means of communication to obtain program information (e.g., Braille, large print, 
audiotape, American Sign Language) should contact the responsible Mission Area, agency, or staff office; the USDA TARGET Center at (202) 720–2600 (voice and TTY); or the Federal Relay Service at (800) 877–8339. 
To file a program discrimination 
complaint, a complainant should complete a Form AD–3027, USDA Program Discrimination Complaint Form, which can be obtained online at 
https://www.usda.gov/forms/electronic- forms, from any USDA office, by calling 
(866) 632–9992, or by writing a letter 
addressed to USDA. The letter must contain the complainant’s name, address, telephone number, and a written description of the alleged discriminatory action in sufficient detail to inform the Assistant Secretary for Civil Rights about the nature and date of an alleged civil rights violation. The completed AD–3027 form or letter must be submitted to USDA by: 
(1) Mail: U.S. Department of 
Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250–9410; 
(2) Fax: (833) 256–1665 or (202) 690– 
7442; or 
(3) Email: program.intake@usda.gov . 
USDA is an equal opportunity 
provider, employer, and lender. 
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 will also announce and provide 
a link to it 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 Constituent 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. 
List of Subjects in 9 CFR Part 381 
Poultry inspection, Poultry and 
poultry products, Reporting and 
recordkeeping requirements. 
For the reasons set forth in the 
preamble, FSIS is amending 9 CFR part 381 as follows: 
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Part 381—POULTRY PRODUCTS 
INSPECTIONS REGULATIONS 
■1. The authority citation for part 381 
continues to read as follows: 
Authority: 7 U.S.C. 1633, 1901–1906; 21 
U.S.C. 451–472; 7 CFR 2.7, 2.18, 2.53. 
§ 381.36 [Amended] 
■2. Amend § 381.36 by removing and 
reserving paragraph (f)(3). 
§ 381.76 [Amended] 
■3. Amend § 381.76 by removing 
paragraph (b)(6)(iv). 
§ 381.82 [Removed and Reserved] 
■4. Remove and reserve § 381.82. 
■5. Revise § 381.87 to read as follows: 
§ 381.87 Tumors. 
(a) Tumors, including those possibly 
caused by avian leukosis complex, may 
be trimmed from any affected organ or other part of a carcass where there is no evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor. Trimmed carcasses otherwise found to be not adulterated shall be passed as human food. 
(b) Any organ or other part of a 
carcass which is affected by a tumor where there is evidence of metastasis or that the general condition of the bird has been affected by the size, position, or nature of the tumor, must be condemned. 
Done in Washington, DC. 
Paul Kiecker, 
Administrator. 
[FR Doc. 2023–17451 Filed 8–16–23; 8:45 am] 
BILLING CODE 3410–DM–P 
SMALL BUSINESS ADMINISTRATION 
13 CFR Parts 107 and 121 Small Business Investment Company 
Investment Diversification and Growth; Public Webinar 
AGENCY : U.S. Small Business 
Administration (SBA). 
ACTION : Notification of public webinar 
on program reforms. 
SUMMARY : The SBA is holding a webinar 
to update the public on new regulations governing the Small Business Investment Company (SBIC) program contained in the final rule titled Small Business Investment Company Investment Diversification and Growth that goes into effect on August 17, 2023. 
DATES : The public webinar will be held 
on Monday, August 28, 2023, from 4 to 5 p.m. Eastern Time. ADDRESSES : The Small Business 
Investment Company Investment 
Diversification and Growth Final Rule Public Webinar will be live streamed on Microsoft Teams for the public. 
FOR FURTHER INFORMATION CONTACT : The 
meeting will be live streamed to the public, and anyone wishing to attend or needing accommodations because of a disability can contact Shalei Holway, SBA, Office of Investment & Innovation (OII), (202) 941–1158, investinnovate@
sba.gov. 
SUPPLEMENTARY INFORMATION : 
I. Background 
On July 18, 2023, the U.S. Small 
Business Administration (‘‘SBA’’ or 
‘‘Agency’’) published a notice of final rulemaking to revise the regulations for the Small Business Investment Company (‘‘SBIC’’) program to significantly reduce barriers to program participation for new SBIC fund managers and funds investing in underserved communities and geographies, capital intensive investments, and technologies critical to national security and economic development. The proposed rule introduced an additional type of SBIC (‘‘Accrual SBICs’’) to increase program investment diversification and patient capital financing for Small Businesses, modernize rules to lower financial barriers to program participation, and incorporate the statutory requirements of the Spurring Business in Communities Act of 2017, which was enacted on December 19, 2018. The final rule will go into effect August 17, 2023. More information about the final rule can be found here. 
II. Questions 
For the public webinar, OII strongly 
encourages that questions be submitted 
in advance by August 24, 2023. Individuals may email investinnovate@sba.gov with subject line—‘‘[Name/ 
Organization] Question for 08/28/23 Public Webinar.’’ During the live event, attendees will be in listen-only mode and may submit additional questions via the Q&A Chat feature. 
III. Information on Service for 
Individuals With Disabilities 
For information on services for 
individuals with disabilities or to request special assistance, contact Shalei Holway at the telephone number or email address indicated under the FOR FURTHER INFORMATION CONTACT  
section of this document. 
Bailey DeVries, 
Associate Administrator, Office of Investment 
& Innovation, U.S. Small Business Administration. 
[FR Doc. 2023–17456 Filed 8–16–23; 8:45 am] 
BILLING CODE 8026–09–P 
DEPARTMENT OF HOMELAND 
SECURITY 
Coast Guard 
33 CFR Part 165 
[Docket Number USCG–2023–0613] 
RIN 1625–AA00 
Safety Zone; Kanawha River, Mile 
Markers 41.5 to 42.5, Nitro, WV, Change in Dates 
AGENCY : Coast Guard, DHS. 
ACTION : Temporary final rule. 
SUMMARY : The Coast Guard is 
establishing a temporary safety zone for navigable waters within a half mile radius of the Donald Legg Memorial Bridge. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by adding a center section of the bridge. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector Ohio Valley (COTP) or a designated representative. This temporary final rule reflects a change in the dates of the bridge construction than we previously announced in a prior temporary final rule. 
DATES : This rule is effective from 5:30 
a.m. on August 28, 2023, through 7 p.m. on August 29, 2023. 
ADDRESSES : To view documents 
mentioned in this preamble as being available in the docket, go to https://www.regulations.gov, type USCG–2023– 
0613 in the search box and click ‘‘Search.’’ Next, in the Document Type column, select ‘‘Supporting & Related Material.’’ 
FOR FURTHER INFORMATION CONTACT : If 
you have questions on this rule, call or email Petty Officer Chelsea Zimmerman, Marine Safety Unit Huntington, U.S. Coast Guard, telephone 304–733–0198, email Chelsea.M.Zimmerman@uscg.mil. 
SUPPLEMENTARY INFORMATION : 
Table of Abbreviations 
CFR Code of Federal Regulations 
COTP Captain of the Port DHS Department of Homeland Security 
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