This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

63471

Vol. 62, No. 230

Monday, December 1, 1997

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 70

[Docket No. PY–97–004]

Voluntary Poultry and Rabbit Grading

Regulations

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Proposed rule.

SUMMARY: The Agricultural Marketing

Service (AMS) proposes to amend the

regulations governing the voluntary

poultry and rabbit grading programs.

The proposed revisions would simplify

the definition about feathers on poultry,

provide an alternative grademark for

poultry and rabbit products, provide for

the use of a ‘‘Prepared From’’ grademark

to officially identify specialized

products that originate from officially

graded poultry, change the sample plan

used by graders, and increase the

lighting intensity required at grading

stations. From time to time, sections in

the regulations are affected by changes

in poultry processing technology. This

rule updates the regulations to reflect

these changes.

DATES: Comments must be received on

or before January 30, 1998.

ADDRESSES: Send written comments to

Douglas C. Bailey, Chief,

Standardization Branch, Poultry

Division, Agricultural Marketing

Service, U.S. Department of Agriculture,

Stop 0259, 1400 Independence Avenue,

SW, Washington, D.C. 20250–0259.

Comments received may be reviewed at

this location between 8:00 a.m. and 4:30

p.m., Eastern Time, Monday through

Friday, except holidays. State that your

comments refer to Docket No. PY–97–

004.

FOR FURTHER INFORMATION CONTACT: Rex

A. Barnes, Chief, Grading Branch, 202–

720–3271.

SUPPLEMENTARY INFORMATION: This

proposed rule has been determined to

be not significant for purposes of

Executive Order 12866 and has not been

reviewed by the Office of Management

and Budget (OMB).

This proposed 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 prior to any judicial

challenge to the provisions of this rule.

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). There

are some 200 plants using the Agency’s

voluntary poultry grading services and

many of them are small entities.

The definition Free from protruding

pinfeathers, diminutive feathers, or

hairs would be simplified by removing

the words ‘‘pinfeathers’’ and

‘‘diminutive,’’ words no longer

commonly used when discussing

feathers and poultry quality.

Additionally, in the definition for

Ready-to-cook poultry, the word

‘‘pinfeathers’’ would be changed to

‘‘feathers.’’ These changes merely reflect

current practices and should not have

any additional economic impact on

entities using voluntary poultry grading

services.

One proposal would allow poultry

and rabbit processors to use a shield

displayed in three colors as an

alternative form of the USDA grademark

to officially identify USDA graded

products. Similarly, another proposal

would allow producers of products

originating from A quality poultry, for

which there are no U.S. grade standards,

to use a ‘‘Prepared From’’ grademark on

packaging materials. These proposals

would give processors greater flexibility

in packaging and marketing their

products. Since it is at the processors’

discretion to use these proposals, any

economic impact caused by these

proposals will be by the choice of the

processors.

Changing the sampling plan would

enable graders to select a more

representative sample upon which to

base grading decisions. The economic

impact should be no greater than under

the current sampling plan. Increasing

the lighting intensity required at grading

stations would enhance the grader’s

ability to visually evaluate products.

Both proposals would provide

processors with fairer, more accurate

evaluations. Better lighting could also

help avoid the economic burden of

reprocessing product or diverting

product unnecessarily downgraded

because of inadequate lighting. The

costs, if any, for increasing the lighting

intensity should be minor.

For the above reasons, the Agency has

certified that this action would have no

economic impact on small entities.

Background and Proposed Changes

Poultry and rabbit grading are

voluntary programs provided under the

Agricultural Marketing Act of 1946, as

amended, and are offered on a fee-forservice basis. They are designed to assist

the orderly marketing of poultry and

rabbits by providing for the official

certification of quality, quantity, class,

temperature, packaging, and other

factors. Changing processing technology

requires that the regulations governing

poultry and rabbit grading be updated.

Freedom from feathers is one of the

factors considered in poultry grading.

The definition Free from protruding

pinfeathers, diminutive feathers, or

hairs (§ 70.1) would be revised by

removing the words ‘‘pinfeathers’’ and

‘‘diminutive.’’ These words are no

longer commonly used when discussing

feathers and poultry quality. Nor are

they needed to achieve the quality

standards set by the regulations. To be

consistent, in the definition Ready-tocook poultry, the word ‘‘pinfeathers’’

would be changed to ‘‘feathers.’’

The Agency is proposing to permit the

use of alternative grademarks (§ 70.51)

so processors can have additional

flexibility in packaging and marketing

their products. Processors wanting to

use a USDA grademark to identify their

consumer-pack USDA graded poultry

and rabbit products would have the

option of using the current grademark or

a proposed grademark containing

horizontal bands of three colors.

Processors who use USDA Grade A

poultry to produce specialized poultry

products, for which there are no U.S.

grade standards, would be permitted to

use a ‘‘Prepared From’’ grademark on

the specialized products. The proposal

would also reorganize the section for

clarity.
63472 Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules

The regulations contain a sampling

plan to guide graders when they select

samples upon which to base grading

decisions (§ 70.80(b)). The sampling

plan would be changed so that the

sample size more closely reflects the

size of the lot being sampled, thereby

fostering a more representative sample

of each lot.

The regulations also specify the

lighting intensity required at grading

stations in the processing plants

(§ 70.110). The lighting intensity would

be increased from 50-foot candles to

100-foot candles to improve the graders

ability to visually evaluate the products

being graded. This is the same intensity

required by USDA’s Food Safety and

Inspection Service at all of their

inspection stations.

Effective December 4, 1995, the

voluntary U.S. grade standards were

removed from the Code of Federal

Regulations (CFR) as part of the

National Performance Review program

to eliminate unnecessary regulations

and to improve those that remain in

force. The voluntary standards will

continue to be administered by AMS

and will maintain their existing

numbering system. Hence the voluntary

poultry and rabbit grade standards are

referred to as AMS 70.200 et seq. and

AMS 70.300 et seq., respectively.

List of Subjects in 7 CFR Part 70

Food grades and standards, Food

labeling, Poultry and poultry products,

Rabbits and rabbit products, Reporting

and recordkeeping requirements.

Accordingly, under the authority of

Title 7, Chapter I, it is proposed that 7

CFR part 70 be amended as follows:

PART 70—VOLUNTARY GRADING OF

POULTRY PRODUCTS AND RABBIT

PRODUCTS

1. The heading for part 70 is revised

to read as set forth above.

1a. The authority citation for part 70

continues to read as follows:

Authority: 7 U.S.C. 1621–1627.

2. In § 70.1, the definition for Readyto-cook poultry is amended by removing

the word ‘‘pinfeathers’’ and adding in

its place the word ‘‘feathers’’ and the

definition for Free from protruding

pinfeathers, diminutive feathers, or

hairs is revised to read as follows:

§ 70.1 Definitions.

* * * * *

Free from protruding feathers or hairs

means that a poultry carcass, part, or

poultry product with the skin on is free

from protruding feathers or hairs which

are visible to a grader during an

examination at normal operating speeds.

However, a poultry carcass, part, or

poultry product may be considered as

being free from protruding feathers or

hairs if it has a generally clean

appearance and if not more than an

occasional protruding feather or hair is

evidenced during a more careful

examination.

* * * * *

3. Section 70.51 would be revised to

read as follows:

§ 70.51 Form of grademark and

information required.

(a) Form of official identification

symbol and grademark. (1) The shield

set forth in Figure 1 of this section shall

be the official identification symbol for

purposes of this part and when used,

imitated, or simulated in any manner in

connection with poultry or rabbits, shall

be deemed prima facia to constitute a

representation that the product has been

officially graded for the purposes of

§ 70.2.

(2) Except as otherwise authorized,

the grademark permitted to be used to

officially identify USDA consumergraded poultry and rabbit products shall

be of the form and design indicated in

Figures 2 through 4 of this section. The

shield shall be of sufficient size so that

the printing and other information

contained therein is legible and in

approximately the same proportion as

shown in these figures.

(3) The ‘‘Prepared From’’ grademark

in Figure 5 of this section may be used

to identify specialized poultry products

for which there are no official U.S. grade

standards, provided that these products

are approved by the Agency and are

prepared from U.S. Consumer Grade A

poultry carcasses, parts, or other

products that comply with the

requirements of AMS § 70.220. All

poultry products shall be processed and

labeled in accordance with 9 CFR part

381.

(b) Information required on

grademark. (1) Except as otherwise

authorized by the Administrator, each

grademark used shall include the letters

‘‘USDA’’ and the U.S. grade of the

product it identifies, such as ‘‘A Grade,’’

as shown in Figure 2 of this section.

Such information shall be printed with

the shield and the wording within the

shield in contrasting colors in a manner

such that the design is legible and

conspicuous on the material upon

which it is printed.

(2) Except as otherwise authorized,

the bands of the shield in Figure 4 of

this section shall be displayed in three

colors, with the color of the top, middle,

and bottom bands being blue, white,

and red, respectively.

(3) The ‘‘Prepared From’’ grademark

in Figure 5 of this section may be any

one of the designs shown in Figures 2

through 4 of this section. The text

outside the shield shall be conspicuous,

legible, and in approximately the same

proportion and close proximity to the

shield as shown in Figure 5 of this

section.

(c) Products that may be individually

grade marked. The grademarks set forth

in Figures 2 through 4 of this section

may be applied individually to ready-tocook poultry, rabbits, and specified

poultry food products for which

consumer grades are provided in the

U.S. Classes, Standards, and Grades for

Poultry and Rabbits, AMS §§ 70.200 and

70.300 et seq., respectively, or to the

containers in which such products are

enclosed for the purpose of display and

sale to household consumers, only

when such products qualify for the

particular grade indicated in accordance

with the consumer grades.

BILLING CODE 3410–02–P
Federal Register / Vol. 62, No. 230 / Monday, December 1, 1997 / Proposed Rules 63473

BILLING CODE 3410–02–C

4. In § 70.80, the table would be

revised to read as follows:

§ 70.80 General.

* * * * *

Containers in lot Containers in sample

1–4 ............................ All.

5–50 .......................... 4

51–100 ...................... 5

101–200 .................... 6

201–400 .................... 7

401–600 .................... 8

For each additional

100 containers, or

fraction thereof, in

excess of 600 containers.

Include one additional

container.

5. In § 70.110, paragraph (b) would be

revised to read as follows:

§ 70.110 Requirements for sanitation,

facilities, and operating procedures in

official plants.

* * * * *

(b) With respect to grading services,

there shall be a minimum of 100-foot

candles of light intensity at grading

stations; and acceptable means, when

necessary, of maintaining control and

identity of products segregated for

quality, class, condition, weight, lot, or

any other factor which may be used to

distinguish one type of product from

another.

Dated: November 20, 1997.

Thomas A. O’Brien,

Acting Administrator, Agricultural Marketing

Service.

[FR Doc. 97–31178 Filed 11–28–97; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–287–AD]

RIN 2120–AA64

Airworthiness Directives; Fokker

Model F.28 Mark 1000, 2000, 3000, and

4000 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of proposed rulemaking

(NPRM).

SUMMARY: This document proposes the

adoption of a new airworthiness

directive (AD) that is applicable to all

Fokker Model F.28 Mark 1000, 2000,

3000, and 4000 series airplanes. This

proposal would require repetitive

inspections to detect any discrepancy in

the sealwire of the fireguards of the

engine fire shut-off system, and repair,

if necessary. This proposal is prompted

by issuance of mandatory continuing

airworthiness information by a foreign

civil airworthiness authority. The

actions specified by the proposed AD

are intended to prevent inadvertent

closure of the fire shut-off valves due to

ineffective or absent sealwires, which

could result in in-flight engine

shutdown.

DATES: Comments must be received by

December 31, 1997.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 97–NM–

287–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

Comments may be inspected at this

location between 9:00 a.m. and 3:00

p.m., Monday through Friday, except

Federal holidays.

The service information referenced in

the proposed rule may be obtained from

Fokker Service B.V., Technical Support

Department, P.O. Box 75047, 1117 ZN

Schiphol Airport, the Netherlands. This

information may be examined at the

FAA, Transport Airplane Directorate,

1601 Lind Avenue, SW., Renton,

Washington.

FOR FURTHER INFORMATION CONTACT:

International Branch, ANM–116, FAA,

Transport Airplane Directorate, 1601

Lind Avenue, SW., Renton, Washington

98055–4056; telephone (425) 227–2110;

fax (425) 227–1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

Interested persons are invited to

participate in the making of the

proposed rule by submitting such

written data, views, or arguments as

they may desire. Communications shall

identify the Rules Docket number and

be submitted in triplicate to the address

specified above. All communications

received on or before the closing date

for comments, specified above, will be

considered before taking action on the

proposed rule. The proposals contained

in this notice may be changed in light

of the comments received.

Comments are specifically invited on

the overall regulatory, economic,

environmental, and energy aspects of

the proposed rule. All comments

submitted will be available, both before

and after the closing date for comments,

in the Rules Docket for examination by

interested persons. A report

summarizing each FAA-public contact

concerned with the substance of this

proposal will be filed in the Rules

Docket.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must submit a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket Number 97–NM–287–AD.’’ The

postcard will be date stamped and

returned to the commenter.

Availability of NPRMs

Any person may obtain a copy of this

NPRM by submitting a request to the

FAA, Transport Airplane Directorate,

ANM–103, Attention: Rules Docket No.

97–NM–287–AD, 1601 Lind Avenue,

SW., Renton, Washington 98055–4056.

Discussion

The Rijksluchtvaartdienst (RLD),

which is the airworthiness authority for

the Netherlands, notified the FAA that

an unsafe condition may exist on all

Fokker Model F.28 Mark 1000, 2000,

3000, and 4000 series airplanes. The

RLD advises that it received reports of

inadvertent closure of the fire shut-off

valves, which resulted in engine

flameouts during flight. Investigation by

the manufacturer indicated that the

sealwires (safety wires) of the engine

fireguards may have been missing, or

may not have operated correctly.

Inadvertent closure of the fire shut-off

valves due to ineffective or missing