71344 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Rules and Regulations 

ineligibility or program violation, the 

participant may request equitable relief 

under 7 CFR 635.3. The financial or 

technical liability for any action by a 

participant that was taken based on the 

advice of a NRCS certified non-USDA 

TSP is the responsibility of the certified 

TSP and will not be assumed by NRCS 

when NRCS authorizes payment. 

(b) If during the term of a WHIP costshare agreement a participant has been 

found in violation of a provision of the 

cost-share agreement, the O&M 

agreement, or any document 

incorporated by reference through 

failure to fully comply with that 

provision, the participant may be 

eligible for equitable relief under 7 CFR 

635.4. 

§ 636.21 Environmental services credits 

for conservation improvements. 

USDA recognizes that environmental 

benefits will be achieved by 

implementing conservation activities 

funded through WHIP, and that 

environmental credits may be gained as 

a result of implementing activities 

compatible with the purposes of a WHIP 

cost-share agreement. NRCS asserts no 

direct or indirect interest on any such 

credits. However, NRCS retains the 

authority to ensure that program 

purposes are met and the requirements 

for WHIP funded improvements are met 

and maintained consistent with §§ 636.8 

and 636.9. Where activities required 

under an environmental credit 

agreement may affect land covered 

under a WHIP cost-share agreement, 

participants are highly encouraged to 

request a compatibility assessment from 

NRCS prior to entering into such 

agreements. The WHIP cost-share 

agreement may be modified, in 

accordance with policies outlined in 

§ 636.10, provided the modification 

meets WHIP purposes and is in 

compliance with this part. 

Signed this 17th day of November, 2010, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. 2010–29394 Filed 11–22–10; 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–2010–0031] 

RIN 0583–AD 

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, 2014, as the uniform 

compliance date for new meat and 

poultry product labeling regulations that 

are issued between January 1, 2011, and 

December 31, 2012. 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 November 

23, 2010. Comments on this final rule 

must be received on or before December 

23, 2010. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

final rule. Comments may be submitted 

by either of the following methods: 

• Federal eRulemaking Portal: This 

Web site 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 online instructions at that site for 

submitting comments. 

• Mail, including floppy disks or CD– 

ROMs, and hand- or courier-delivered 

items: Send to Docket Clerk, USDA, 

FSIS, Room 2–2127, George Washington 

Carver Center, 5601 Sunnyside Avenue, 

Mailstop 5272, Beltsville, MD 20705. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2010–0031. 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. 

Docket: For access to background 

documents or comments received, go to 

the FSIS Docket Room at the address 

listed above between 8 a.m. and 

4:30 p.m., Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: 

Rosalyn Murphy-Jenkins, Food Safety 

and Inspection Service, USDA, Room 2– 

2125, George Washington Carver Center, 

Beltsville, MD 20705 (telephone: 301– 

504–0879; fax: 301–504–0872). 

SUPPLEMENTARY INFORMATION: 

Background 

FSIS periodically issues regulations 

that require changes in the labeling of 

meat and poultry food products. Many 

meat and poultry establishments also 

produce non-meat and non-poultry food 

products subject to the jurisdiction of 

the Food and Drug Administration 

(FDA), and FDA periodically issues 

regulations that require changes in the 

labeling of such products. 

On December 14, 2004, FSIS issued a 

final rule that provided that the Agency 

will set uniform compliance dates for 

new meat and poultry product labeling 

regulations in 2-year increments and 

will periodically issue final rules 

announcing those dates. The final rule 

also established January 1, 2008, as the 

uniform compliance date for meat and 

poultry product labeling regulations that 

were issued between January 1, 2005, 

and December 31, 2006 (69 FR 74405). 

Consistent with the 2004 final rule, FSIS 

subsequently issued final rules on 

March 5, 2007, and December 18, 2008, 

that established uniform compliance 

dates of January 1, 2010, and January 1, 

2012, for meat and poultry product 

labeling regulations issued between 

January 1, 2007, and December 31, 2008, 

and January 1, 2009, and December 31, 

2010, respectively (72 FR 9651) (73 FR 

75564). 

The Final Rule 

This final rule establishes January 1, 

2014, as the uniform compliance date 

for new meat and poultry product 

labeling regulations that are issued 

between January 1, 2011, and December 

31, 2012, and is consistent with the 

previous final rules establishing 

uniform compliance dates. 

FSIS’s approach for establishing 

uniform compliance dates for new food 

labeling regulations is consistent with 

FDA’s approach in this regard. FDA is 

also establishing January 1, 2014, as the 

uniform compliance date for new food 

labeling regulations that are issued 

between January 1, 2011, and December 

31, 2012. 

A uniform compliance date of January 

1, 2014, for all food product labeling 

regulations issued between January 1, 

2011, and December 31, 2012, will 

ensure that changes take effect on a 

timely basis and will minimize the 

economic impact of those changes on 

the industry because companies will not 

have to respond separately to each 

labeling change as it occurs (69 FR 

74406). This policy also serves 

consumers’ interests because the cost of 

the multiple short-term label revisions 

that would otherwise occur would 

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Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Rules and Regulations 71345 

likely be passed on to consumers in the 

form of higher prices. 

It will remain FSIS’s policy, however, 

to encourage industry to comply with 

new labeling regulations as quickly as 

feasible. Thus, when industry members 

voluntarily change their labels, they 

should consider incorporating any new 

requirements that have been published 

as final regulations up to that time. 

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, 2011, and 

before December 31, 2012. In each of 

these regulations, FSIS will specifically 

identify January 1, 2014, as the 

compliance date. All meat and poultry 

food products that are subject to 

labeling regulations promulgated 

between January 1, 2011, and December 

31, 2012, will be required to comply 

with these regulations when introduced 

into commerce on or after January 1, 

2014. If any food labeling regulation 

involves special circumstances that 

justify a compliance date other than 

January 1, 2014, the Agency will 

determine for that regulation an 

appropriate compliance date, which 

will be specified when the final 

regulation is published. 

The Agency received only four 

comments in response to the May 4, 

2004, proposed rule that solicited 

comments on the concept of 

establishing uniform compliance dates 

for labeling requirements (69 FR 74406), 

all of which were fully supportive of the 

policy to set uniform compliance dates. 

Therefore, in the March 5, 2007, final 

rule, FSIS determined that further 

rulemaking for the establishment of 

uniform compliance dates for labeling 

requirements is unnecessary (72 FR 

9651). In response to the December 12, 

2008, final rule, which established 

January 1, 2012, as the uniform 

compliance date for meat and poultry 

labeling regulations issued between 

January 1, 2009, and December 31, 2010 

(73 FR 75564), FSIS received only one 

comment. This comment concerned the 

listing of all ingredients and 

preservatives in food and was outside 

the scope of the final rule. Therefore, 

consistent with its statement in 2007, 

FSIS finds at this time that further 

rulemaking on this matter is 

unnecessary. However, FSIS is 

providing an opportunity for comment 

on whether the uniform compliance 

date established in this final rule should 

be modified or revoked. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under this final 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 

retroactive proceedings will be required 

before parties may file suit in court 

challenging this rule. 

Executive Order 12866 

FSIS has examined the impacts of the 

final rule under Executive Order 12866, 

which directs agencies to assess costs 

and benefits of available regulatory 

alternatives and, when regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety, 

and other advantages; distributive 

impacts; and equity). This action has 

been determined to be not significant 

and, therefore, has not been reviewed by 

the Office of Management and Budget. 

Establishing a uniform compliance 

date for all future Federal food product 

labeling regulations affecting the meat 

and poultry industry that are issued by 

FSIS over a 2-year period will eliminate 

potentially burdensome requirements 

otherwise faced by the industry. 

The regulation also greatly limits the 

possibility of potentially conflicting 

compliance dates for labeling 

requirements developed for meat and 

poultry products and labeling 

requirements developed for non-meat 

and non-poultry products. It thus 

provides for an orderly industry 

adjustment to any new labeling 

requirements. Labeling changes in 

response to Federal regulations will 

likely be less frequent, and 

establishments will be able to plan for 

full utilization of their labeling stocks. 

Need for the Rule 

Establishing uniform compliance 

dates for food labeling regulations 

issued within specified time periods 

minimizes the economic impact of label 

changes for industry and may indirectly 

benefit consumers if cost savings are 

passed on in the form of lower prices. 

Regulatory Flexibility Analysis 

This rule does not have a significant 

economic impact on a substantial 

number of small entities. Consequently, 

an initial regulatory flexibility analysis 

is not required (5 U.S.C. 601–612). The 

uniform compliance date does not 

impose any burden on small entities. 

The Agency will conduct regulatory 

flexibility analyses of future labeling 

regulations if such analyses are 

required. 

Paperwork Requirements 

There are no paperwork or 

recordkeeping requirements associated 

with this policy under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

E-Government Act Compliance 

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 

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 13175 

This final rule has been reviewed in 

accordance with the requirements of 

Executive Order 13175, Consultation 

and Coordination with Indian Tribal 

Governments. The review reveals that 

this regulation will not have substantial 

and direct effects on Tribal governments 

and will not have significant Tribal 

implications. 

USDA Nondiscrimination Statement 

The U.S. Department of Agriculture 

(USDA) prohibits discrimination in all 

its programs and activities on the basis 

of race, color, national origin, gender, 

religion, age, disability, political beliefs, 

sexual orientation, and marital or family 

status. (Not all prohibited bases apply to 

all programs.) Persons with disabilities 

who require alternative means for 

communication of program information 

(Braille, large print, audiotape, etc.) 

should contact USDA’s Target Center at 

202–720–2600 (voice and TTY). 

To file a written complaint of 

discrimination, write USDA, Office of 

the Assistant Secretary for Civil Rights, 

1400 Independence Avenue, SW., 

Washington, DC 20250–9410 or call 

202–720–5964 (voice and TTY). USDA 

is an equal opportunity provider and 

employer. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that minorities, women, and 

persons with disabilities are aware of 

this final rule, FSIS will announce it online through the FSIS Web page located 

at http://www.fsis.usda.gov/ 

regulations_&_policies/ 

2010_Interim_&_Final_Rules_Index/ 

index.asp. 

FSIS also will make copies of this 

Federal Register publication available 

through the FSIS Constituent Update, 

which is used to provide information 

regarding FSIS policies, procedures, 

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71346 Federal Register / Vol. 75, No. 225 / Tuesday, November 23, 2010 / Rules and Regulations 

regulations, Federal Register notices, 

FSIS public meetings, and other types of 

information that could affect or would 

be of interest to constituents and 

stakeholders. The Update is 

communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is available 

on the FSIS Web page. Through the 

Listserv and the Web page, FSIS is able 

to provide information to a much 

broader and more diverse audience. 

In addition, FSIS offers an e-mail 

subscription service that provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at 

http://www.fsis.usda.gov/ 

news_and_events/email_subscription/. 

Options range from recalls to export 

information to regulations, directives, 

and notices. Customers can add or 

delete subscriptions themselves and 

have the option to password protect 

their accounts. 

Done at Washington, DC, on November 16, 

2010. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. 2010–29492 Filed 11–22–10; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM415; Special Conditions No. 

25–414–SC] 

Special Conditions: Boeing Model 787– 

8 Airplane; Lightning Protection of 

Fuel Tank Structure To Prevent Fuel 

Tank Vapor Ignition 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final special conditions. 

SUMMARY: These special conditions are 

issued for the Boeing Model 787–8 

airplane. This airplane will have novel 

or unusual design features when 

compared to the state of technology 

envisioned in the airworthiness 

standards for transport category 

airplanes. The Boeing Model 787–8 

airplane will incorporate a fuel tank 

nitrogen generation system (NGS) that 

actively reduces flammability exposure 

within the main fuel tanks significantly 

below that required by the fuel tank 

flammability regulations. Among other 

benefits, this significantly reduces the 

potential for fuel vapor ignition caused 

by lightning strikes. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for this design feature. These special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: Effective Date: December 23, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Mike Dostert, FAA, ANM–112, 

Transport Airplane Directorate, Aircraft 

Certification Service, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2132; 

facsimile (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Background 

On March 28, 2003, The Boeing 

Company applied for an FAA type 

certificate for its new Boeing Model 

787–8 passenger airplane. The Boeing 

Model 787–8 airplane will be a new 

design, two-engine turbo-jet transport 

category airplane with a two-aisle cabin 

configuration. The maximum takeoff 

weight will be 484,000 pounds, and it 

will carry a maximum of 381 

passengers. 

Type Certification Basis 

Under provisions of Title 14, Code of 

Federal Regulations (14 CFR) 21.17, 

Boeing must show that Boeing Model 

787–8 airplanes (hereafter referred to as 

‘‘the 787’’) meet the applicable 

provisions of 14 CFR part 25, as 

amended by Amendments 25–1 through 

25–117, with three exceptions. Sections 

25.809(a) and 25.812 will remain as 

amended by Amendment 25–115, and 

§ 25.981, which will be as amended by 

Amendment 25–125 in accordance with 

14 CFR 26.37. 

If the Administrator finds that the 

applicable airworthiness regulations 

(i.e., part 25) do not contain adequate or 

appropriate safety standards for the 787 

because of novel or unusual design 

features, special conditions are 

prescribed under provisions of 14 CFR 

21.16. 

In addition to the applicable 

airworthiness regulations and special 

conditions, the 787 must comply with 

the fuel vent and exhaust emission 

requirements of 14 CFR part 34 and the 

noise certification requirements of 14 

CFR part 36. Finally, the FAA must also 

issue a finding of regulatory adequacy 

under § 611 of Public Law 92–574, the 

‘‘Noise Control Act of 1972.’’ 

The FAA issues special conditions, as 

defined in 14 CFR 11.19, in accordance 

with § 11.38, and they become part of 

the type certification basis under 

§ 21.17(a)(2). 

Special conditions are initially 

applicable to the model for which they 

are issued. Should the type certificate 

for that model be amended later to 

include any other model that 

incorporates the same or similar novel 

or unusual design features, the special 

conditions would also apply to the other 

model under § 21.101. 

Novel or Unusual Design Features 

The 787 will have a fuel tank NGS 

that is intended to control fuel tank 

flammability. This NGS is designed to 

provide a level of performance that will 

reduce the warm day fleet average wing 

fuel tank flammability significantly 

below the maximum wing fuel tank 

flammability limits set in § 25.981(b), as 

amended by Amendment 25–125. This 

high level of wing fuel tank NGS 

performance is an unusual design 

feature not envisioned at the time the 

regulations in the 787 certification basis 

were promulgated. 

Existing Regulations 

The certification basis of the 787 

includes § 25.981, as amended by 

Amendment 25–125, as required by 14 

CFR 26.37. This amendment includes 

the ignition prevention requirements in 

§ 25.981(a), as amended by Amendment 

25–102, and it includes revised 

flammability limits for the wing fuel 

tanks and new specific limitations on 

flammability of normally emptied fuel 

tanks located within the fuselage 

contour as defined in § 25.981(b), as 

amended by Amendment 25–125. 

(Section 25.981(c) contains an 

alternative to meeting paragraph (b)— 

vapor ignition mitigation—that is not 

applicable to the 787 design.) 

Ignition Source Prevention 

Section 25.981(a)(3) requires 

applicants to show that an ignition 

source in the fuel tank system could not 

result from any single failure, from any 

single failure in combination with any 

latent failure condition not shown to be 

extremely remote, or from any 

combination of failures not shown to be 

extremely improbable. This requirement 

was originally adopted in Amendment 

25–102 and it requires the assumption 

that the fuel tanks are always flammable 

when showing the probability of an 

ignition source being present is 

extremely remote. (Amendment 25–102 

included § 25.981(c) that required 

minimizing fuel tank flammability and 

this was defined in the preamble as 

being equivalent to unheated aluminum 

fuel tanks located in the wing.) This 

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