This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

57163

Vol. 69, No. 185

Friday, September 24, 2004

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 57 

[Docket No. PY–04–002] 

RIN 0581–AB74 

Regulations Governing the Inspection 

of Eggs

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: The Agricultural Marketing 

Service (AMS) is amending the 

regulations governing the inspection of 

eggs. The rule revises the regulations to 

clarify and simplify the regulations. 

This follows the earlier duplication and 

redesignation of the regulations.

DATES: Effective November 23, 2004.

FOR FURTHER INFORMATION CONTACT: Rex 

A. Barnes, Chief, Grading Branch, (202) 

720–3271.

SUPPLEMENTARY INFORMATION: 

Background 

The Egg Products Inspection Act 

(EPIA) authorizes the mandatory 

inspection of egg products operations 

and the mandatory surveillance of the 

disposition of shell eggs that are 

undesirable for human consumption. 

From its enactment in 1970, AMS 

administered the EPIA and its 

regulations in 7 CFR part 59. 

Congress amended the EPIA as part of 

the Food, Agriculture, Conservation and 

Trade Act Amendments of 1991 (Pub. L. 

102–237) (hereafter referred to as ‘‘the 

1991 amendments’’). To implement the 

1991 EPIA amendments, AMS proposed 

changes to 7 CFR parts 56 and 59 (57 FR 

48569, October 27, 1992) so that both 

regulations would contain the changes 

authorized by the 1991 amendments. 

Before AMS published a final rule, 

however, the Department consolidated 

food safety issues into the Food Safety 

and Inspection Service (FSIS) following 

enactment of the Federal Crop Insurance 

Reform and Department of Agriculture 

Reorganization Act of 1994 (Pub.L. 103–

354). This included delegating 

responsibility to administer the EPIA 

egg products inspection functions to 

FSIS, while the shell egg surveillance 

functions remained with AMS. FSIS 

promulgated a final rule that 

implemented the 1991 amendments by 

revising 7 CFR part 59 (63 FR 45663, 

August 27, 1998). 

AMS then promulgated a final rule to 

duplicate and redesignate those portions 

of 7 CFR part 59 pertinent to shell egg 

surveillance as a new 7 CFR part 57 (63 

FR 69968, December 17, 1998). FSIS 

promulgated a final rule to redesignate 

the remaining portions of 7 CFR part 59 

and transfer them to 9 CFR part 590 (63 

FR 72351, December 31, 1998). AMS is 

now revising the regulations in 7 CFR 

part 57 to clarify and simplify them 

following the duplication and 

redesignation of the regulations from 7 

CFR part 59 to 7 CFR part 57. 

To facilitate and simplify the 

duplication and re-designation effort, 

the regulations were promulgated with 

as few editorial changes as possible. 

However, that action subsequently 

required AMS to review the regulations 

that were duplicated and redesignated 

as 7 CFR part 57 and revise them to 

clarify the shell egg surveillance 

functions of the EPIA administrated by 

AMS. 

This action will complete that 

requirement. In addition, AMS is 

including in this rulemaking effort other 

non-substantive editorial revisions that 

were identified during the review. The 

amendments will update the regulations 

to comply with the current department 

organizational structure and add nontechnical, grammatical, non-substantive 

revisions. 

The amendments would not change 

how the requirements are administered, 

how specific requirements are 

implemented, or the responsibilities of 

program users. The amendments would 

make the requirements more accurate 

and simplify interpretation and 

implementation.

For example:

—Punctuation, grammar, capitalization, 

abbreviations, legal phrases, terms, 

format, and style would be updated 

for consistency with current 

regulatory documents, the U.S. 

Government Printing Office Style 

Manual, and the Federal Register 

Document Drafting Handbook. Also, 

gender-specific pronouns would be 

changed to gender-neutral pronouns 

consistent with current writing style 

—Sections would be redesignated to 

make requirements easier to locate in 

the regulations 

—Sections about nondiscrimination and 

political activity for Federal 

employees would be updated to 

reflect current requirements 

—‘‘Poultry Division’’ would be changed 

to ‘‘Poultry Programs’’ to conform to 

organizational changes 

—A definition for the term 

‘‘Agricultural Marketing Service or 

AMS’’ would be added for 

consistency with other Agency 

regulations 

—Duplicate and obsolete sections 

would be removed 

—Inconsistencies in the wording of 

headings and sections would be 

clarified to assist program staff at all 

levels 

—Administrative requirements that 

have been implemented in the 

program would be updated 

Executive Order 12866 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866, and therefore, has not 

been reviewed by the Office of 

Management and Budget (OMB). 

Regulatory Flexibility 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (RFA), 

AMS has considered the economic 

impact of this action on small entities as 

defined in the RFA (5 U.S.C. 601). This 

rule is non-technical in nature. It does 

not change regulatory requirements or 

the responsibilities of any party. 

Accordingly, AMS has determined that 

provisions of this rule would not have 

any economic impact on small entities. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This action is not intended to 

have retroactive effect. This rule will 

not preempt any State or local laws, 

regulations, or policies, unless they 

present an irreconcilable conflict with 

this rule. There are no administrative 

procedures which must be exhausted 

57164 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

prior to any judicial challenge to the 

provisions of this rule.

Paperwork Reduction Act 

The information collection 

requirements in §§ 57.13, 57.28(a), 

57.110(a), 57.112, 57.200(a), 57.200(b), 

57.320, 57.690, 57.720(a)(2), 

57.720(a)(3), 57.720(a)(4), 57.800, 

57.905(a), 57.915(b), 57.920, 57.930(f), 

57.960, and 57.965 amended by this rule 

have been previously approved by OMB 

and assigned OMB control number 

0581–0128 under the Paperwork 

Reduction Act of 1995. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible.

List of Subjects in 7 CFR Part 57 

Eggs and egg products, Exports, Food 

grades and standards, Food labeling, 

Imports, Reporting and recordkeeping 

requirements.

■ For reasons set forth above, 7 CFR part 

57 is amended as follows:

PART 57—INSPECTION OF EGGS 

(EGG PRODUCTS INSPECTION ACT)

■ 1. The authority citation for part 57 

continues to read as follows:

Authority: 21 U.S.C. 1031–1056.

■ 2. The undesignated center heading 

that precedes § 57.1 is revised to read as 

follows: 

General

■ 3. Section 57.1 is revised to read as 

follows:

§ 57.1 Definitions. 

For the purpose of the regulations in 

this part, words in the singular shall be 

deemed to import the plural and vice 

versa, as the case may demand. Unless 

the context otherwise requires, the 

following terms shall have the following 

meaning: 

Acceptable means suitable for the 

purpose intended by the Agricultural 

Marketing Service. 

Act means the applicable provisions 

of the Egg Products Inspection Act, as 

amended, (Pub. L. 91–597, 84 Stat. 1620 

et seq.). 

Administrator means the 

Administrator of AMS of the 

Department or any other officer or 

employee of the Department to whom 

there has heretofore been delegated, or 

to whom there may hereafter be 

delegated the authority to act in the 

Administrator’s stead. 

Adulterated means any egg under one 

or more of the following circumstances:

(a) If it bears or contains any 

poisonous or deleterious substance 

which may render it injurious to health; 

but in case the substance is not an 

added substance, such article shall not 

be considered adulterated under this 

clause if the quantity of such substance 

in or on such article does not ordinarily 

render it injurious to health; 

(b)(1) If it bears or contains any added 

poisonous or added deleterious 

substance (other than one which is a 

pesticide chemical in or on a raw 

agricultural commodity; a food additive; 

or a color additive) which may in the 

judgment of the Secretary, make such 

article unfit for human food; 

(2) If it is, in whole or in part, a raw 

agricultural commodity and such 

commodity bears or contains a pesticide 

chemical which is unsafe within the 

meaning of section 408 of the Federal 

Food, Drug, and Cosmetic Act; 

(3) If it bears or contains any food 

additive which is unsafe within the 

meaning of section 409 of the Federal 

Food, Drug, and Cosmetic Act; 

(4) If it bears or contains any color 

additive which is unsafe within the 

meaning of section 706 of the Federal 

Food, Drug, and Cosmetic Act: 

Provided, that an article which is not 

otherwise deemed adulterated under 

paragraph (b)(2), (3), or (4) of this 

definition shall nevertheless be deemed 

adulterated if use of the pesticide 

chemical, food additive, or color 

additive, in or on such article, is 

prohibited by regulations of the 

Secretary in official plants; 

(c) If it consists, in whole or in part, 

of any filthy, putrid, or decomposed 

substance, or if it is otherwise unfit for 

human food; 

(d) If it has been prepared, packaged, 

or held under insanitary conditions 

whereby it may have become 

contaminated with filth, or whereby it 

may have been rendered injurious to 

health; 

(e) If it is an egg which has been 

subjected to incubation or the product 

of any egg which has been subjected to 

incubation; 

(f) If its container is composed, in 

whole or in part, of any poisonous or 

deleterious substance which may render 

the contents injurious to health; 

(g) If it has been intentionally 

subjected to radiation, unless the use of 

the radiation was in conformity with a 

regulation or exemption in effect 

pursuant to section 409 of the Federal 

Food, Drug, and Cosmetic Act; or 

(h) If any valuable constituent has 

been, in whole or in part, omitted or 

abstracted therefrom; or if any substance 

has been substituted, wholly or in part 

therefor; or if damage or inferiority has 

been concealed in any manner; or if any 

substance has been added thereto or 

mixed or packed therewith so as to 

increase its bulk or weight, or reduce its 

quality or strength, or make it appear 

better or of greater value than it is. 

Agricultural Marketing Service or 

AMS mean the Agricultural Marketing 

Service of the Department. 

Applicant means any interested party 

who requests any inspection service. 

Capable of use as human food means 

any egg, unless it is denatured, or 

otherwise identified, as required by 

these regulations to deter its use as 

human food. 

Chief of the Grading Branch means 

Chief of the Grading Branch, Poultry 

Programs, AMS. 

Class means any subdivision of a 

product based on essential physical 

characteristics that differentiate between 

major groups of the same kind, species, 

or method of processing. 

Commerce means interstate, foreign, 

or intrastate commerce. 

Condition means any characteristic 

affecting a products merchantability 

including, but not being limited to, the 

following: The state of preservation, 

cleanliness, soundness, wholesomeness, 

or fitness for human food of any 

product; or the processing, handling, or 

packaging which affects such product. 

Container or Package mean for shell 

eggs, any carton, basket, case, cart, 

pallet, or other receptacle. 

(a) Immediate container means any 

package or other container in which 

shell eggs are packed for household or 

other ultimate consumers. 

(b) Shipping container means any 

container used in packing an immediate 

container. 

Department means the United States 

Department of Agriculture. 

Egg means the shell egg of the 

domesticated chicken, turkey, duck, 

goose, or guinea. Some of the terms 

applicable to shell eggs are as follows: 

(a) Check means an egg that has a 

broken shell or crack in the shell but has 

its shell membranes intact and contents 

not leaking. 

(b) Clean and sound shell egg means 

any egg whose shell is free of adhering 

dirt or foreign material and is not 

cracked or broken.

(c) Dirty egg or Dirties means an egg(s) 

that has an unbroken shell with 

adhering dirt, or foreign material. 

(d) Incubator reject means an egg that 

has been subjected to incubation and 

has been removed from incubation 

during the hatching operations as 

infertile or otherwise unhatchable. 

(e) Inedible means eggs of the 

following descriptions: Black rots, 

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57165

yellow rots, white rots, mixed rots, sour 

eggs, eggs with green whites, eggs with 

stuck yolks, moldy eggs, musty eggs, 

eggs showing blood rings, and eggs 

containing embryo chicks (at or beyond 

the blood ring stage). 

(f) Leaker means an egg that has a 

crack or break in the shell and shell 

membranes to the extent that the egg 

contents are exposed or are exuding or 

free to exude through the shell. 

(g) Loss means an egg that is unfit for 

human food because it is smashed or 

broken so that its contents are leaking; 

or overheated, frozen, or contaminated; 

or an incubator reject; or because it 

contains a bloody white, large meat or 

blood spot, a large quantity of blood, or 

other foreign material. 

(h) Restricted egg means any check, 

dirty egg, incubator reject, inedible, 

leaker, or loss. 

Egg handler means any person, 

excluding the household consumer, 

who engages in any business in 

commerce that involves buying or 

selling any eggs or processing any egg 

products, or otherwise using any eggs in 

the preparation of human food. 

Federal Food, Drug, and Cosmetic Act

means the Act so entitled, approved 

June 25, 1938 (52 Stat. 1040), and Acts 

amendatory thereof or supplementary 

thereto. 

Inedible egg products means dried, 

frozen, or liquid inedible egg products 

that are unfit for human consumption. 

Inspection means the application of 

such inspection methods and 

techniques as are deemed necessary by 

the responsible Secretary to carry out 

the provisions of the Egg Products 

Inspection Act and the regulations 

under this part. 

Interested party means any person 

financially interested in a transaction 

involving any surveillance inspection 

service. 

Label means a display of any printed, 

graphic, or other method of 

identification upon the shipping 

container, if any, or upon the immediate 

container, including but not limited to, 

an individual consumer package of eggs, 

or accompanying such product. 

National supervisor means: 

(a) The officer-in-charge of the 

surveillance inspection service; and 

(b) Other employee of the Department 

designated by the national supervisor. 

Nest-run eggs means eggs that have 

been packed as they come from the 

production facilities without having 

been washed, sized and/or candled for 

quality, with the exception that some 

checks, dirties, or other obvious 

undergrades may have been removed. 

Office of inspection means the office 

of any inspector. 

Official certificate means any 

certificate prescribed by regulations of 

the Administrator for issuance by an 

inspector or other person performing 

official functions under this part. 

Official device means any device 

prescribed or authorized by the 

Secretary for use in applying any official 

mark. 

Official egg products processing plant

means one or more buildings or parts 

thereof comprising a single plant in 

which the plant facilities and methods 

of operation therein have been approved 

by the Administrator of the Food Safety 

Inspection Service as suitable and 

adequate for the continuous inspection 

of egg products and in which inspection 

service is carried on. 

Official standards means the official 

U.S. standards of quality, grades, and 

weight classes for shell eggs maintained 

by and available from Poultry Programs, 

AMS. 

Person means any individual, 

partnership, association, business trust, 

corporation, or any organized group of 

persons, whether incorporated or not. 

Pesticide chemical, Food additive, 

Color additive, and Raw agricultural 

commodity mean the same for purposes 

of this part as under the Federal Food, 

Drug, and Cosmetic Act. 

Plant means any place of business 

where eggs are processed. 

Quality means the inherent properties 

of any product which determine its 

relative degree of excellence. 

Regional director means any 

employee of the Department in charge of 

the surveillance inspection service in a 

designated geographical area. 

Regulations means the provisions in 

this entire part and such U.S. Standards, 

Grades, and Weight Classes for Shell 

Eggs as may be in effect at the time 

grading is performed. 

Regulatory inspector or Inspector

means any Federal employee or the 

employee of a cooperating agency to 

whom a license has been issued by the 

Secretary to make such inspections as 

required in § 57.28 of these regulations. 

Regulatory officer or staff officer

means staff assistants to regional 

directors who assist the regional 

director in administering the 

surveillance inspection service. 

Sampling means the act of taking 

samples of any product for inspection. 

Secretary means the Secretary of 

Agriculture or any other officer or 

employee of the Department to whom 

the authority to act in the Secretary’s 

stead has been delegated. 

Service means the personnel who are 

actively engaged in the administration, 

application, and direction of the 

surveillance inspection service pursuant 

to the regulations in this part. 

Shell egg packer means any person 

engaged in the sorting of eggs into their 

various qualities.

(a) Producer-packer means any person 

engaged in the sorting of eggs from their 

own production into their various 

qualities, either mechanically or by 

other means. 

(b) Grading station means any person 

engaged in the sorting of eggs from their 

own production and sources other than 

their own production into their various 

qualities, either mechanically or by 

other means. 

State means any State of the United 

States of America, the Commonwealth 

of Puerto Rico, the Virgin Islands of the 

United States, and the District of 

Columbia. 

State supervisor or Federal-State 

supervisor means any authorized and 

delegated individual who is in charge of 

the surveillance inspection program in a 

state. 

Surveillance inspection service means 

the official service within the 

Department having the responsibility for 

carrying out the provisions of the Egg 

Products Inspection Act under this part. 

Ultimate consumer means any 

household consumer, restaurant, 

institution, or any other party who has 

purchased or received shell eggs for 

consumption. 

Unclassified eggs means eggs that 

have been washed or are unwashed and 

show evidence of segregating or sizing. 

United States Standards, Grades, and 

Weight Classes for Shell Eggs (AMS 56)

means the official U.S. standards, 

grades, and weight classes for shell eggs 

that are maintained by and available 

from Poultry Programs, AMS. 

Washed ungraded eggs means eggs 

that have been washed but not sized or 

segregated for quality.

§ 57.5 [Removed]

■ 3a. Section 57.5 is removed.

■ 4. The undesignated center heading 

that precedes § 57.10 is removed.

■ 5. Section 57.10 is revised to read as 

follows:

§ 57.10 Administration. 

The Administrator shall perform, for 

and under the supervision of the 

Secretary such duties as the Secretary 

may require in the enforcement or 

administration of the provisions of the 

act and the regulations in this part. The 

Administrator is authorized to waive for 

limited periods any particular 

provisions of the regulations in this part 

to permit experimentation so that new 

procedures, equipment, grading, 

57166 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

inspection, and processing techniques 

may be tested to facilitate definite 

improvements and at the same time to 

determine full compliance with the 

spirit and intent of the regulations in 

this part. The AMS and its officers and 

employees shall not be liable in 

damages through acts of commission or 

omission in the administration of this 

part.

■ 6. Section 57.13 is revised to read as 

follows:

§ 57.13 Federal and State cooperation 

The Secretary shall, whenever 

determined necessary to effectuate the 

purposes of the Act, authorize the 

Administrator to cooperate with 

appropriate State and other 

governmental agencies in carrying out 

any provisions of the Egg Products 

Inspection Act and this part. In carrying 

out the provisions of the Act and the 

regulations in this part, the Secretary 

may conduct such examinations, 

investigations, and inspections as the 

Secretary determines practicable 

through any officer or employee of any 

such agency commissioned by the 

Secretary for such purpose. The 

Secretary shall reimburse the States and 

other agencies for the services rendered 

by them stated in the cooperative 

agreements signed by the Administrator 

and the duly authorized agent of the 

State or other agency.

■ 7. Section 57.17 is revised to read as 

follows:

§ 57.17 Nondiscrimination. 

The conduct of all services and the 

licensing of inspectors under these 

regulations shall be accomplished 

without discrimination as to race, color, 

national origin, sex, religion, age, 

disability, political beliefs, sexual 

orientation, or marital or family status.

■ 8. Section 57.22 is revised to read as 

follows:

§ 57.22 Basis of service. 

This part provides for inspection 

services pursuant to the Egg Products 

Inspection Act, as amended. Eggs shall 

be inspected in accordance with such 

standards, methods, and instructions as 

may be issued or approved by the 

Administrator. Inspection services shall 

be subject to supervision at all times by 

the applicable Federal-State supervisor, 

staff officer, regulatory officer, regional 

director, and national supervisor.

■ 9. Section 57.28 is amended by 

revising the section heading and 

paragraph (a) to read as follows:

§ 57.28 Inspections. 

(a) Periodic inspections shall be made 

of business premises, facilities, 

inventories, operations, transport 

vehicles, and records of egg handlers, 

and the records of all persons engaged 

in the business of transporting, 

shipping, or receiving any eggs. In the 

case of shell egg packers packing eggs 

for the ultimate consumer, such 

inspections shall be made a minimum of 

once each calendar quarter. Hatcheries 

are to be inspected a minimum of once 

each fiscal year.

* * * * *

■ 10. Section 57.35 is revised to read as 

follows:

§ 57.35 Eggs in commerce. 

(a)(1) For eggs that moved or are 

moving in interstate or foreign 

commerce, no State or local jurisdiction: 

(i) May require the use of standards of 

quality, condition, grade, or weight 

classes which are in addition to or 

different than the official standards; or 

(ii) Other than states in 

noncontiguous areas of the United 

States, may require labeling to show the 

State or other geographical area of 

production or origin. 

(2) This shall not preclude a State 

from requiring the name, address, and 

license number of the person processing 

or packaging eggs to be shown on each 

container. 

(b) Any State or local jurisdiction may 

exercise jurisdiction for the purpose of 

preventing the distribution of eggs for 

human food purposes that are in 

violation of this part or any other 

Federal acts or State or local laws 

consistent therewith.

■ 11. The undesignated center heading 

that precedes § 57.45 is amended by 

removing the words ‘‘and Egg Products.’’

■ 12. Section § 57.45 is amended by 

revising the section heading and 

paragraph (a) to read as follows:

§ 57.45 Prohibition on eggs not intended 

for use as human food. 

(a) No person shall buy, sell, or 

transport, or offer to buy or sell, or offer 

or receive for transportation in 

commerce, any eggs that are not 

intended for use as human food, unless 

they are denatured or decharacterized, 

unless shipped under seal as authorized 

in § 57.720(a) and identified as required 

by the regulations in this part.

* * * * *

§ 57.50 [Removed]

■ 13. The undesignated center heading 

that precedes § 57.50 and § 57.50 are 

removed.

■ 14. In § 57.100, paragraph (a) is 

amended by removing the word ‘‘which’’

and adding in its place the word ‘‘that’’

and paragraphs (e) and (f) are revised to 

read as follows:

§ 57.100 Specific exemptions.

* * * * *

(e) The processing and sale of egg 

products by any producer from eggs of 

the producer’s own flock when sold 

directly to a household consumer 

exclusively for use by such consumer 

and members of the consumer’s 

household and the consumer’s 

nonpaying guests and employees; 

(f) The sale of eggs by shell egg 

packers on the premises where the 

grading station is located, directly to 

household consumers for use by such 

consumer and members of the 

consumer’s household and the 

consumer’s nonpaying guests and 

employees, and the transportation, 

possession, and use of such eggs. Each 

such sale of ‘‘restricted eggs’’ shall be 

limited to no more than 30 dozen eggs;

* * * * *

§ 57.105 [Amended]

■ 15. In § 57.105, paragraph (a) is 

amended by removing the first sentence.

■ 16. The undesignated center heading 

that precedes § 57.110 is amended by 

revising the word ‘‘Service’’ to read 

‘‘Services’’.

■ 17. Section 57.110 is revised to read as 

follows:

§ 57.110 Licensed inspectors. 

(a) Any person who is a Federal 

employee or the employee of a 

cooperating agency who possesses 

proper qualifications as determined by 

an examination for competency, and 

who is to perform surveillance 

inspection services, may be licensed by 

the Secretary as an inspector. 

(b) All licenses issued by the 

Secretary shall be countersigned by the 

Administrator or by any other 

designated official of the service.

■ 18. Section 57.112 is revised to read as 

follows:

§ 57.112 Suspension of license or 

authority; revocation. 

Pending final action by the Secretary, 

any person authorized to countersign a 

license to perform surveillance 

inspection services may, whenever such 

action is necessary to assure that any 

inspection service is properly 

performed, suspend or revoke any 

license to perform inspection services 

issued pursuant to this part by giving 

notice of such action to the respective 

licensee, accompanied by a statement of 

the reasons. Within 7 days after the 

receipt of the suspension or revocation 

notice and statement of reasons, the 

licensee may file an appeal in writing to 

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57167

the Secretary, supported by any 

argument or evidence that the licensee 

may wish to offer as to why the license 

should not be suspended or revoked. 

After the expiration of the 7-day period 

and consideration of such argument and 

evidence, the Secretary will take 

appropriate action regarding the 

suspension or revocation. When no 

appeal is filed within the prescribed 7 

days, the license is revoked or 

suspended.

■ 19. Section 57.114 is revised to read as 

follows:

§ 57.114 Surrender of license. 

Each license that is canceled, 

suspended, revoked, or expired shall 

immediately be surrendered by the 

licensee to the office of inspection 

serving the area in which the licensee is 

located.

§ 57.116 [Removed]

■ 20. Section 57.116 is removed.

§ 57.118 [Removed]

■ 21. Section 57.118 is removed.

■ 22. Section 57.119 is revised to read as 

follows:

§ 57.119 Political activity. 

Federal inspectors may participate in 

certain political activities, including 

management and participation in 

political campaigns as allowed by 

Federal regulation and AMS directives. 

Inspectors are subject to these rules 

while they are on leave with or without 

pay, including furlough; however the 

rules do not apply to cooperative 

employees not under Federal 

supervision and intermittent employees 

on the days they perform no service. 

Willfull violations of the political 

activity rules constitute grounds for 

removal from the service.

■ 23. Section 57.120 is revised to read as 

follows:

§ 57.120 Financial interest of inspectors. 

An inspector shall not inspect any 

product in which the inspector is 

financially interested.

■ 24. A new § 57.130 is added to read as 

follows:

§ 57.130 Identification. 

Each inspector shall have in their 

possession at all times, and present 

while on duty upon request, the means 

of identification furnished by the 

Department.

§ 57.132 [Amended]

■ 25. Section 57.132 is amended by 

removing the words ‘‘proper 

credentials’’ and adding in their place 

the words ‘‘identification furnished by 

the Department.’’

§ 57.134 [Amended]

■ 26. In § 57.134, the paragraph (a) 

designation is removed and paragraph 

(b) is removed.

■ 27. Section 57.200 is revised to read as 

follows:

§ 57.200 Records and related 

requirements. 

(a) Persons engaged in the business of 

transporting, shipping, or receiving any 

eggs in commerce, or holding such 

articles so received, and all egg 

handlers, including hatcheries, shall 

maintain for 2 years records showing 

the receipt, delivery, sale, movement, 

and disposition of all eggs handled by 

them, and upon the request of an 

authorized representative of the 

Secretary, shall permit the 

representative, at reasonable times, to 

have access to and to copy all such 

records. 

(b) All egg handlers shall maintain 

production records as approved by the 

Administrator. The records (bills of sale, 

inventories, receipts) shall show the 

name and address of the shipper and 

receiver, the date of the transaction, the 

quality of the eggs (graded eggs, nest-run 

eggs, dirties, checks, leakers, loss, 

inedible eggs), and the quantity of the 

eggs (amount). Producers who ship all 

of their production as nest-run eggs 

without segregation need only to 

maintain records indicating the amount 

of shell eggs shipped, date of shipment, 

and the receivers’ name and address.

§ 57.220 [Amended]

■ 28. In § 57.220, between the words 

‘‘when’’ and ‘‘inspection’’ add the word 

‘‘surveillance.’’

■ 29. The undesignated center heading 

that precedes § 57.300 is amended by 

removing the words ‘‘or Decision.’’

■ 30. Section 57.300 is revised to read as 

follows:

§ 57.300 Who may request an appeal 

inspection. 

An appeal inspection may be 

requested by any interested party who is 

dissatisfied with the determination by 

an inspector of the class, quality, 

quantity, or condition of any product.

§ 57.310 [Amended]

■ 31. Section § 57.310 is amended by 

removing the word ‘‘who’’ and adding in 

its place the word ‘‘that;’’ by adding the 

word ‘‘quality’’ between the words 

‘‘class’’ and ‘‘quantities;’’ and by 

removing the words ‘‘other than in an 

official plant.’’

■ 32. Section 57.320 is revised to read as 

follows:

§ 57.320 How to file an appeal. 

The request for an appeal inspection 

may be made orally or in writing. If 

made orally, written confirmation may 

be required. The applicant shall clearly 

state the identity of the product, the 

decision that is questioned, and the 

reason(s) for requesting the appeal 

service.

§ 57.330 [Amended]

■ 33. In § 57.330, the section heading 

and the text are amended by removing 

the words ‘‘grading or’’ both times they 

appear.

§ 57.340 [Amended]

■ 34. Section 57.340 is amended by 

removing the words ‘‘Poultry Division, 

Agricultural Marketing Service.’’

■ 35. In § 57.350, paragraph (a) is 

amended by removing the paragraph 

heading; paragraph (b) is revised to read 

as follows; and paragraph (c) is removed.

§ 57.350 Procedures for selecting appeal 

samples.

* * * * *

(b) The appeal sample shall consist of 

product taken from the original sample 

containers plus an equal number of 

containers selected at random. When 

the original samples are not available or 

have been altered, such as removing the 

undergrades, the sample size shall be 

double the number of samples required 

in 7 CFR 56.4.

§ 57.360 [Amended]

■ 36. Section 57.360, is amended by 

removing the second, third, and fourth 

sentences.

■ 37. Section 57.370 is revised to read as 

follows:

§ 57.370 Cost of appeals. 

The costs of an appeal inspection 

shall be borne by the appellant on a fee 

basis at rates set forth in 7 CFR 56.46, 

plus any travel and additional expenses. 

If the appeal inspection or review of an 

inspector’s decision discloses that a 

material error was made in the original 

determination, no fee or expense will be 

charged.

§ 57.410 [Removed]

■ 38. The undesignated center heading 

that precedes § 57.410 and § 57.410 are 

removed.

§ 57.426 [Amended]

■ 39. In § 57.426, the first sentence is 

amended by removing all words after the 

word ‘‘examination’’, and the second 

sentence is amended by removing the 

57168 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 

words ‘‘equipment, utensil, room, or 

compartment’’.

§ 57.504 [Removed]

■ 40. Section 57.504 is removed.

■ 41. Section 57.690 is revised to read as 

follows:

§ 57.690 Person required to register.

Egg handlers, except for producerpackers with an annual egg production 

from a flock of 3,000 hens or less, who 

grade and pack eggs for the ultimate 

consumer, and hatcheries, are required 

to register with the Department by 

furnishing their name, place of business, 

and such other information requested 

on the registration form available from 

the Department. Completed forms shall 

be sent to the addressee indicated on the 

form. Persons above who are 

establishing a business will be required 

to register before they start operations.

■ 42. Section 57.720 is amended by:

■ a. Amending paragraphs (a)(1) and (2);

■ b. Amending paragraph (a)(3) by 

adding the word ‘‘By’’ at the beginning 

of the paragraph and by removing the 

section number ‘‘57.504(c)’’ and adding 

in its place the section number 

‘‘57.720(a)(2);’’

■ c. Amending paragraph (a)(4) by 

adding the word ‘‘processing’’ after the 

word ‘‘products’’ both times it appears;

■ d. Removing paragraph (a)(5); and

■ e. Amending paragraph (b)(1) by 

adding the word ‘‘processing’’ after the 

word ‘‘products.’’

The revision reads as follows:

§ 57.720 Disposition of restricted eggs. 

(a) * * * 

(1) By shipping directly or indirectly 

to an official egg products processing 

plant for segregation and processing, if 

a check or dirty and if labeled in 

accordance with § 57.800. Inedible and 

loss eggs shall not be intermingled in 

the same container with checks and 

dirties. 

(2) By destruction and identification 

in a manner approved by the 

Administrator. 

(i) Loss and inedible eggs shall be 

crushed and shall be placed in a 

container containing a sufficient amount 

of approved denaturant or 

decharacterant, such as FD&C brown, 

blue, black, or green colors, meat and 

fish by-products, grain and milling byproducts, or any other substance, as 

approved by the Administrator, that will 

accomplish the purposes of this section. 

The approved denaturant or 

decharacterant substance shall be 

dispersed through the product in 

amounts sufficient to give the product a 

distinctive appearance or odor. 

(ii) The denatured and 

decharacterized product shall be labeled 

as required in §§ 57.840 and 57.860.

* * * * *

§ 57.760 [Removed]

■ 43. Section 57.760 is removed.

§ 57.800 [Amended]

■ 44. Section 57.800 is amended by 

adding the word ‘‘Processing’’ after the 

words ‘‘USDA Egg Products’’, and by 

removing the word ‘‘Restricted’’ after the 

words ‘‘incubator rejects, or’’ and adding 

in its place the word ‘‘Unclassified.’’

§ 57.900 [Amended]

■ 45. In § 57.900, paragraph (a) is 

amended by removing the second 

sentence.

§ 57.905 [Amended]

■ 46. In § 57.905, paragraph (a) is 

amended by adding the word 

‘‘Processing’’ between the words 

‘‘USDA’’ and ‘‘Plant’’ and also between 

the words ‘‘products’’ and ‘‘plant.’’

§ 57.915 [Amended]

■ 47. Section 57.915 is amended in 

paragraph (b) introductory text by 

removing the word ‘‘which’’ in the first 

sentence and adding in its place the 

word ‘‘that’’, and in paragraph (b)(1) by 

removing the word ‘‘Country’’ and 

adding in its place the words ‘‘Name of 

Country’’.

■ 48. Section 57.920 is revised to read as 

follows.

§ 57.920 Importer to make application for 

inspection of imported eggs. 

Each person importing any eggs shall 

make application for inspection upon 

PY Form 222–Import Request, to the 

Chief, Grading Branch, Poultry 

Programs, AMS, U.S. Department of 

Agriculture, Washington, DC 20250, or 

to the Poultry Programs, Grading Branch 

office nearest the port where the 

product is to be offered for importation. 

Application shall be made as far in 

advance as possible prior to the arrival 

of the product, except in the case of 

product exempted from inspection by 

§ 57.960. Each application shall state the 

approximate date of product arrival in 

the United States, the name of the ship 

or other carrier, the country from which 

the product was shipped, the 

destination, the quantity and class of 

product, and the point of first arrival in 

the United States.

§ 57.925 [Amended]

■ 49. In § 57.925, paragraph (b) is 

amended by removing the word ‘‘which’’

and adding in its place the word ‘‘that’’

and removing the words ‘‘analysis or’’.

§ 57.930 [Amended]

■ 50. Section 57.930 is amended by:

■ a. Amending paragraph (c) by 

removing the words ‘‘U.S. Department of 

Agriculture’’ and adding in their place 

the word ‘‘Department’’ in the first 

sentence, and in the text of the notice, by 

removing the word ‘‘Division’’ and 

adding in its place the word ‘‘Programs’’;

■ b. Removing the words ‘‘U.S. 

Department of Agriculture’’ and adding 

in their place the word ‘‘Department’’ in 

paragraphs (d), (e), and (f); and

■ c. Amending paragraph (f) by removing 

the words ‘‘by telegraph’’.

§ 57.945 [Amended]

■ 51. Section 57.945 is amended by:

■ a. Amending paragraph (a) by 

removing the word ‘‘which’’ and adding 

in its place the word ‘‘that;’’

■ b. Amending paragraph (b) by 

removing the words ‘‘U.S. Department of 

Agriculture’’ and adding in their place 

the word ‘‘Department;’’ and

■ c. Amending paragraph(c) by removing 

the word ‘‘which’’ and adding in its 

place the word ‘‘that.’’

§ 57.950 [Amended]

■ 52. In § 57.950, paragraph (b) is 

amended by adding the word 

‘‘processing’’ after the word ‘‘products.’’

■ 53. In § 57.955, paragraph (a) 

introductory text is revised to read as 

follows:

§ 57.955 Labeling of shipping containers 

of eggs for importation. 

(a) Shipping containers of foreign 

product offered for importation shall 

bear a label, printed in English, 

showing:

* * * * *

§ 57.960 [Amended]

■ 54. In § 57.960, the first sentence is 

amended by removing the third word 

‘‘which’’ and adding in its place the 

word ‘‘that.’’

§ 57.965 [Amended]

■ 55. Section 57.965 is amended by 

removing the second word ‘‘which’’ in 

the second place it appears and adding 

in its place the word ‘‘that’’, and by 

removing the words ‘‘United States 

Department of Agriculture’’ and adding 

in their place the word ‘‘Department.’’

§ 57.970 [Amended]

■ 56. Section 57.970 is amended by 

removing the word ‘‘which’’ and adding 

in its place the word ‘‘that.’’

§ 57.1000 [Amended]

■ 57. Section 57.1000 is amended by:

■ a. Amending paragraph (b) 

introductory text by removing the words 

‘‘in his discretion’’ and

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Rules and Regulations 57169

■ b. Amending paragraph (b)(2) by 

adding the word ‘‘a’’ between the words 

‘‘waives’’ and ‘‘hearing.’’

Dated: September 20, 2004. 

A.J. Yates, 

Administrator, Agricultural Marketing 

Service.

[FR Doc. 04–21417 Filed 9–23–04; 8:45 am] 

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration 

14 CFR Part 71

[Docket No. FAA–2004–18822; Airspace 

Docket No. 04–ACE–48] 

Modification of Class D Airspace; and 

Modification of Class E Airspace; 

Salina, KS

AGENCY: Federal Aviation 

Administration (FAA), DOT.

ACTION: Direct final rule; request for 

comments. 

SUMMARY: This action amends title 14 

Code of Federal Regulations, part 71 (14 

CFR 71) by revising Class D and Class 

E airspace areas at Salina, KS. A review 

of the controlled airspace areas at 

Salina, KS revealed they do not reflect 

the current Salina Municipal Airport 

airport reference point (ARP) and do not 

comply with criteria for diverse 

departures. The review also identified 

other discrepancies in the legal 

descriptions for the Salina, KS Class D 

and Class E airspace areas. The intended 

effect of this rule is to provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from and executing Standard Instrument 

Approach Procedures (SIAPs) to Salina 

Municipal Airport. It also corrects 

discrepancies in the legal descriptions 

of Salina, KS Class D and Class E 

airspace areas and brings the airspace 

areas and legal descriptions into 

compliance with FAA Orders.

DATES: This direct final rule is effective 

on 0901 UTC, January 20, 2005. 

Comments for inclusion in the Rules 

Docket must be received on or before 

November 1, 2004.

ADDRESSES: Send comments on this 

proposal to the Docket Management 

System, U.S. Department of 

Transportation, Room Plaza 401, 400 

Seventh Street, SW., Washington, DC 

20590–0001. You must identify the 

docket number FAA–2004–18822/

Airspace Docket No. 04–ACE–48, at the 

beginning of your comments. You may 

also submit comments on the Internet at 

http://dms.dot.gov. You may review the 

public docket containing the proposal, 

any comments received, and any final 

disposition in person in the Dockets 

Office between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. The Docket Office (telephone 

1–800–647–5527) is on the plaza level 

of the Department of Transportation 

NASSIF Building at the above adress.

FOR FURTHER INFORMATION CONTACT:

Kathy Randolph, Air Traffic Division, 

Airspace Branch, ACE–520C, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2525.

SUPPLEMENTARY INFORMATION: This 

amendment to 14 CFR part 71 modifies 

the Class D airspace area, the Class E 

airspace area designated as a surface 

area, the Class E airspace area 

designated as an extension to the Class 

D airspace area and the Class E airspace 

area extending upward from 700 feet 

above the surface at Salina, KS. An 

examination of controlled airspace for 

Salina, KS revealed that the Salina 

Municipal Airport ARP used in the legal 

descriptions for all airspace areas is 

incorrect. The location of the Salina 

collocated very high frequency omnidirectional radio range and tactical air 

nagivational aid (VORTAC) used in the 

Class E airspace area designated as an 

extension to the Class D airspace area 

legal description is incorrect. The 

examination also revealed that the 

airspace areas do not comply with 

airspace requirements for diverse 

departures as set forth in FAA Order 

7400.2E, Procedures for Handling 

Airspace Matters, and that the 

dimensions of extensions to the airspace 

areas do not comply with FAA Order 

8260.19C, Flight Procedures and 

Airspace. 

This action expands the Salina, KS 

Class D and Class E airspace area 

designated as a surface area from a 4.9-

mile to a 5.4-mile radius of Salina 

Municipal Airport. It also expands the 

Class E airspace area extending upward 

from 700 feet above the surface from a 

7.4-mile radius to an 8.4-mile radius of 

the airport and corrects the ARP and 

location of the Salina VORTAC in the 

legal descriptions. Additionally, this 

action modifies the Class E airspace area 

designated as an extension to the Class 

D airspace area reducing its width from 

2 to 1.5 miles each side of centerline 

and decreasing its length by 2 miles. 

Extensions to the Class E airspace area 

extending upward from 700 feet above 

the surface are no longer required and 

are deleted from the legal description. 

These modifications provide 

controlled airspace of appropriate 

dimensions to protect aircraft departing 

from and executing SIAPs to Salina 

Municipal Airport and bring the legal 

descriptions of the Salina, KS Class D 

and Class E airspace areas into 

compliance with FAA Orders 7400.2E 

and 8260.19C. Class D airspace areas are 

published in Paragraph 5000 of FAA 

Order 7400.9M, dated August 30, 2004, 

and effective September 16, 2004, which 

is incorporated by reference in 14 CFR 

71.1. Class E airspace areas designated 

as surface areas, Class E airspace areas 

designated as an extension to a Class D 

airspace area and Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth are 

published in Paragraphs 6002, 6004 and 

6005, respectively, of the same FAA 

Order. The Class D and Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order.

The Direct Final Rule Procedure 

The FAA anticipates that this 

regulation will not result in adverse or 

negative comment and, therefore, is 

issuing it as a direct final rule. Previous 

actions of this nature have not been 

controversial and have not resulted in 

adverse comments or objections. Unless 

a written adverse or negative comment, 

or a written notice of intent to submit 

an adverse or negative comment is 

received within the comment period, 

the regulation will become effective on 

the date specified above. After the close 

of the comment period, the FAA will 

publish a document in the Federal 

Register indicating that no adverse or 

negative comments were received and 

confirming the date on which the final 

rule will become effective. If the FAA 

does receive, within the comment 

period, an adverse or negative comment, 

or written notice of intent to submit 

such a comment, a document 

withdrawing the direct final rule will be 

published in the Federal Register, and 

a notice of proposed rulelmaking may 

be published with a new comment 

period. 

Comments Invited 

Interested parties are invited to 

participate in this rulemaking by 

submitting such written data, views, or 

arguments, as they may desire. 

Comments that provide the factual basis 

supporting the views and suggestions 

presented are particularly helpful in 

developing reasoned regulatory 

decisions on the proposal. Comments 

are specifically invited on the overall 

regulatory, aeronautical, economic, 

environmental, and energy-related 

aspects of the proposal. 

Communications should identify both