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.

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Rules and Regulations Federal Register

9651 

Vol. 72, No. 42 

Monday, March 5, 2007 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Parts 317 and 381 

[Docket No. FSIS–2006–0045] 

RIN 0583–AD05 

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, 2010, as the uniform 

compliance date for new food labeling 

regulations that are issued between 

January 1, 2007, and December 31, 2008. 

FSIS periodically announces uniform 

compliance dates for new meat and 

poultry food labeling requirements to 

minimize the economic impact of label 

changes. On December 14, 2004, FSIS 

issued a final rule announcing that it 

will adopt uniform compliance dates 

and established January 1, 2008, as the 

uniform compliance date for food 

labeling regulations that issued between 

January 1, 2005, and December 31, 2006. 

DATES: Effective Date: This rule is 

effective March 5, 2007. Submit 

comments by April 4, 2007. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

final rule. Comments may be submitted 

by any 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 and, in 

the ‘‘Search for Open Regulations’’ box, 

select ‘‘Food Safety and Inspection 

Service’’ from the Agency drop-down 

menu, then click on ‘‘Submit.’’ In the 

Docket ID column, select the FDMS 

Docket Number FSIS–2006–0045 to 

submit or view public comments and to 

view supporting and related materials 

available electronically. 

• Mail, including floppy disks or CDROM’s, and hand- or courier-delivered 

items: Send to FSIS Docket Room, 

Docket Clerk, U.S. Department of 

Agriculture (USDA), FSIS, 300 12th 

Street, SW., Room 102, Cotton Annex 

Building, Washington, DC 20250. 

• Electronic mail: 

fsis.regulationscomments@fsis.usda.gov. 

All submissions received must 

include the Agency name and docket 

number FSIS–2006–0045. 

All comments submitted in response 

to this final rule, as well as research and 

background information used by FSIS in 

developing this document, will be 

posted to the regulations.gov Web site. 

The background information and 

comments will be available for public 

inspection in the FSIS Docket Room at 

the address listed above between 8:30 

a.m. and 4:30 p.m., Monday through 

Friday. 

FOR FURTHER INFORMATION CONTACT: 

Robert C. Post, Ph.D., Director, Labeling 

and Consumer Protection Staff, Office of 

Policy, Program, and Employee 

Development, FSIS, USDA, Washington, 

DC 20250–3700, Telephone (202) 205– 

0279, Fax (202) 205–3625. 

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). FDA also periodically issues 

regulations that require changes in the 

labeling of such food products. 

FSIS established the approach, 

starting in December 2004 (69 FR 

74405), that it will set uniform 

compliance dates in two year 

increments and periodically issue final 

rules announcing those dates. This 

approach is similar to that employed by 

FDA. Two year increments enhance the 

industry’s ability to make orderly 

adjustments to new labeling 

requirements without unduly exposing 

consumers to outdated labels. With this 

approach to effecting compliance, the 

meat and poultry products industry is 

able to plan for the use of label 

inventories and to develop new labeling 

materials that meet the requirements of 

all labeling regulations made within the 

two year period, thereby minimizing the 

economic impact of labeling changes. 

By establishing a uniform compliance 

date that is the same as FDA’s, FSIS is 

providing meat and poultry product 

manufacturers with a greater ability to 

adjust production plans to new labeling 

requirements across all of their product 

lines. 

Establishing this policy also serves 

consumers’ interests, because the cost of 

multiple short-term label revisions that 

would otherwise occur would likely be 

passed on to consumers in the form of 

higher prices. 

It will remain FSIS’ policy 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, 2007, and 

before December 31, 2008. In each of 

these regulations, FSIS will specifically 

identify January 1, 2010, as the 

compliance date. All meat and poultry 

food products that are subject to 

labeling regulations promulgated 

between January 1, 2007, and December 

31, 2008, will be required to comply 

with these regulations when introduced 

into commerce on or after January 1, 

2010. If any food labeling regulation 

involves special circumstances that 

justify a compliance date other than 

January 1, 2010, the Agency will 

determine for that regulation an 

appropriate compliance date, which 

will be specified when the final 

regulation is published. 

In rulemaking that began with the 

publication of a proposed rule on May 

4, 2004, FSIS provided notice and 

solicited comments on the concept of 

establishing uniform compliance dates 

for labeling requirements (69 FR 24539). 

FSIS received only four comments, all 

fully supportive of the policy to set 

uniform compliance dates. Therefore, 

FSIS finds that further rulemaking for 

the establishment of uniform 

compliance dates for labeling 

requirements is unnecessary. However, 


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9652 Federal Register / Vol. 72, No. 42 / Monday, March 5, 2007 / Rules and Regulations 

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 12866: Benefit-Cost 

Analysis 

FSIS has examined the impacts of the 

final rule under Executive Order 12866. 

Executive Order 12866 directs agencies 

to assess all 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 two 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). 

Expected Environmental Effects 

The establishment of a uniform 

compliance date for food labeling 

regulations is an activity that will not 

have 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. 

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 rule, FSIS will announce it on-line 

through the FSIS Web page located at 

http://www.fsis.usda.gov/regulations_&_

policies/2007_Interim_&_Final_Rules_

Index/index.asp. 

The Regulations.gov Web site is the 

central online rulemaking portal of the 

United States government. It is being 

offered as a public service to increase 

participation in the Federal 

government’s regulatory activities. FSIS 

participates in Regulations.gov and will 

accept comments on documents 

published on the site. The site allows 

visitors to search by keyword or 

Department or Agency for rulemakings 

that allow for public comment. Each 

entry provides a quick link to a 

comment form so that visitors can type 

in their comments and submit them to 

FSIS. The Web site is located at http:// 

www.regulations.gov/. 

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, 

regulations, Federal Register notices, 

public meetings, recalls, and other types 

of information that could affect or 

would be of interest to our constituents 

and stakeholders. The update is 

communicated via Listserv, a free e-mail 

subscription service consisting of 

industry, trade, and farm groups, 

consumer interest groups, allied health 

professionals, scientific professionals, 

and other individuals who have 

requested to be included. The update 

also is available on the FSIS Web page. 

Through Listserv and the Web page, 

FSIS is able to provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an e-mail 

subscription service that provides an 

automatic and customized notification 

when popular pages are updated, 

including Federal Register publications 

and related documents. This service is 

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

news_and_events/email_subscription/ 

and allows FSIS customers to sign up 

for subscription options across eight 

categories. 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 account. 

Done at Washington, DC, on: February 27, 

2007. 

David P. Goldman, 

Acting Administrator. 

[FR Doc. E7–3725 Filed 3–2–07; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–26048; Directorate 

Identifier 2006–NM–191–AD; Amendment 

39–14967; AD 2007–05–06] 

RIN 2120–AA64 

Airworthiness Directives; McDonnell 

Douglas Model 717–200 Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for certain 

McDonnell Douglas Model 717–200 

airplanes. This AD requires replacing 

certain attaching hardware of the 

bulkhead nipple assemblies of the left 

and right wing vent boxes with new 

electrical bonding attaching hardware, 

doing resistance testing of the new 

electrical bonds, and doing fuel leakage 

testing of the reworked nipple 

assemblies. This AD results from fuel 

system reviews conducted by the 

manufacturer. We are issuing this AD to 

provide a conductive path, from the 

bulkhead nipple assemblies of the left 

and right wing vent boxes to the 

airframe structure inside the wing fuel 

tanks, to dissipate high-amperage 

lightning-induced currents, which 

might otherwise create an ignition 

source for fuel vapors inside the wing 


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