63052 Federal Register / Vol. 83, No. 235 / Friday, December 7, 2018 / Rules and Regulations 
Determinations made after November 
28, 1990, and before July 3, 1996, are considered certified if the determination was issued on the June 1991 version of form NRCS–CPA–026 or SCS–CPA–026, the person was notified that the determination had been certified, and the map document was of sufficient quality to determine ineligibility for program benefits. If issued on a different version of the form, a determination will be considered certified if there is other documentation that the person was notified of the certification, provided appeal rights, and the map document was of sufficient quality to make the determination. 
* * * * * 
(7) The wetland determination 
process for wetland conservation 
compliance includes three distinct steps. In Step 1, wetland identification, it is determined if the area of interest supports a prevalence of hydrophytic vegetation, a predominance of hydric soils, and wetland hydrology under normal circumstances. In Step 2, determination of wetland type, it is determined if any exemptions apply from § 12.5(b). The findings are reflected in the assignment of an appropriate wetland conservation compliance label. In Step 3, sizing of the wetland, the boundary of each wetland type determined in Step 2 is delineated on the certified wetland determination map. 
■5. Amend § 12.31 by revising the 
section heading, redesignating paragraphs (c) through (e) as paragraphs (d) through (f), adding a new paragraph (c), and revising newly redesignated paragraph (e) to read as follows: 
§ 12.31 Wetland identification procedures. 
(c) Wetland Hydrology. (1) Wetland 
Hydrology consists of inundation or saturation by surface or groundwater during a growing season at a frequency and duration sufficient to support a prevalence of hydrophytic vegetation. 
(2) When a wetland is affected by 
drainage manipulations that occurred prior to December 23, 1985, wetland hydrology shall be identified on the basis of the best-drained condition resulting from such drainage manipulations. 
(3) The determination of wetland 
hydrology will be made in accordance with the current Federal wetland delineation methodology in use by NRCS at the time of the determination. 
(4) When making a decision on 
wetland hydrology, NRCS will utilize a fixed precipitation date range of 1971– 2000 for determining normal climatic 
conditions. 
* * * * * 
(e)(1) Minimal effect determination. 
For the purposes of § 12.5(b)(1)(v), 
NRCS shall determine whether the effect of any action of a person associated with the conversion of a wetland, the conversion of wetland and the production of an agricultural commodity on converted wetland, or the combined effect of the production of an agricultural commodity on a wetland converted by someone else has a minimal effect on the functions and values of wetlands in the area. Such determination shall be based upon a functional assessment of functions and values of the subject wetland and other related wetlands in the area. The assessment of functions and values of the subject wetland will be made through an on-site evaluation. Such an assessment of related wetlands in the area may be made based on a general knowledge of wetland conditions in the area. A request for such determination will be made prior to the beginning of activities that would convert the wetland. If a person has converted a wetland and then seeks a determination that the effect of such conversion on wetland was minimal, the burden will be upon the person to demonstrate to the satisfaction of NRCS that the effect was minimal. 
(2) Scope of minimal-effect 
determination. The production of an 
agricultural commodity on any portion 
of a converted wetland in conformance with a minimal-effect determination by NRCS is exempt under § 12.5(b)(1)(v). However, any additional action of a person that will change the functions and values of a wetland for which a minimal-effect determination has been made shall be reported to NRCS for a determination of whether the effect continues to be minimal. The loss of a minimal-effect determination will cause a person who produces an agricultural commodity on the converted wetland 
after such change in status to be ineligible, under § 12.4, for certain program benefits. In situations where the wetland values, acreage, and functions are replaced by the restoration, enhancement, or creation of a wetland in accordance with a mitigation plan approved by NRCS, the exemption provided by the determination will be effective after NRCS determines that all practices in a mitigation plan are being implemented. Dated: November 28, 2018. 
Stephen L. Censky, 
Deputy Secretary. 
[FR Doc. 2018–26521 Filed 12–6–18; 8:45 am] 
BILLING CODE 3410–16–P 
DEPARTMENT OF AGRICULTURE 
Food Safety and Inspection Service 
9 CFR Parts 317 and 381 
[Docket No. FSIS–2018–0049] 
RIN 0583–AD77 
Uniform Compliance Date for Food 
Labeling Regulations 
AGENCY : Food Safety and Inspection 
Service, USDA. 
ACTION : Final rule. 
SUMMARY : The Food Safety and 
Inspection Service (FSIS) is establishing January 1, 2022, as the uniform compliance date for new meat and poultry product labeling regulations that will be issued between January 1, 2019, and December 31, 2020. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes. 
DATES : This rule is effective December 7, 
2018. Comments on this final rule must be received on or before January 7, 2019. 
ADDRESSES : FSIS invites interested 
persons to submit comments on this final rule. Comments may be submitted by one of the following methods: 
•Federal eRulemaking Portal: This 
website provides the ability to type short comments directly into the comment field on this web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow 
the on-line instructions at that site for submitting comments. 
•Mail, including CD–ROMs, etc.: 
Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 1400 Independence Avenue SW, Mailstop 3758, Room 6065, Washington, DC 20250–3700. 
•Hand- or courier-delivered 
submittals: Deliver to 1400 
Independence Avenue SW, Room 6065, Washington, DC 20250–3700. 
Instructions: All items submitted by 
mail or electronic mail must include the Agency name and docket number FSIS– 2018–0049. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http://www.regulations.gov. 
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Docket: For access to background 
documents or comments received, call 
(202)720–5627 to schedule a time to visit the FSIS Docket Room at 1400 Independence Avenue SW, Room 6065, Washington, DC 20250–3700. 
FOR FURTHER INFORMATION CONTACT : 
Rosalyn Murphy-Jenkins, Director, Labeling and Program Delivery Staff, Office of Policy and Program Development, Food Safety and Inspection Service, U.S. Department of Agriculture, Telephone: 301–504–0879. 
SUPPLEMENTARY INFORMATION : 
Background 
On December 14, 2004, FSIS issued a 
final rule establishing January 1, 2008, as the uniform compliance date for new meat and poultry labeling regulations issued between January 1, 2005, and December 31, 2006. The 2004 final rule also provided that the Agency would set uniform compliance dates for new labeling regulations in 2-year increments and periodically issue final rules announcing those dates. Consistent with the 2004 final rule, the Agency has since published six rules establishing the uniform compliance dates of January 1, 2010, January 1, 2012, January 1, 2014, January 1, 2016, January 1, 2018, and January 1, 2020 (72 FR 9651, 73 FR 75564, 75 FR 71344, 77 FR 76824, 79 FR 71007 and 81 FR 91670). 
The Final Rule 
The new uniform compliance date 
will apply only to final FSIS regulations 
that require changes in the labeling of meat and poultry products and that are published after January 1, 2019, and before December 31, 2020. For each final rule that requires changes in labeling, FSIS will specifically identify January 1, 2022, as the compliance date. All meat and poultry food products that are subject to labeling regulations issued between January 1, 2019, and December 31, 2020, will be required to comply with these regulations on products introduced into commerce on or after January 1, 2022. If any food labeling regulation involves special circumstances that justify a compliance date other than January 1, 2022, the Agency will determine an appropriate compliance date and will publish that compliance date in the rulemaking. 
Two-year increments increase 
industry’s ability to make orderly adjustments to new labeling requirements without exposing consumers to outdated labels. This approach allows meat and poultry producers to plan for the use of label inventories and to develop new labeling materials that meet the new 
requirements. It also serves to reduce the economic impact of changing labels on both producers and consumers. 
In the May 4, 2004, proposed rule on 
uniform compliance dates for labeling requirements, FSIS provided notice and solicited comment (69 FR 24539). In the March 5, 2007, final rule, FSIS received only four comments in response to the proposal, all in support. In the March 5, 2007, final rule, FSIS determined that further rulemaking for uniform compliance dates for labeling requirements is unnecessary (72 FR 9651). The Agency received no comments on the 2007 final rule, the comments FSIS received on the 2012 
final rule were outside the scope (77 FR 76824), and FSIS received no comments on the 2014 final rule (79 FR 71007) or the 2016 final rule (81 FR 91670). Consistent with its statement in 2007, FSIS finds that further rulemaking on this matter is unnecessary. However, FSIS is providing an opportunity for comment on the uniform compliance date established in this final rule. 
Executive Orders 12866 and 13563, and 
the Regulatory Flexibility Act 
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 benefits, distributive impacts, and equity). Executive Order (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. 
This rule does not have a significant 
economic impact on a substantial number of small entities; consequently, a regulatory flexibility analysis is not required (5 U.S.C. 601–612). 
Additional Public Information 
Public awareness of all segments of 
rulemaking and policy development is 
important. Consequently, FSIS will announce this Federal Register publication online 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 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. 
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: program.intake@usda.gov. 
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). 
Done at Washington, DC. 
Paul Kiecker, 
Acting Administrator. 
[FR Doc. 2018–26526 Filed 12–6–18; 8:45 am] 
BILLING CODE 3410–DM–P 
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