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.

Rules and Regulations Federal Register

86259 

Vol. 88, No. 238 

Wednesday, December 13, 2023 

1U.S. Government Accountability Office. Report 

B–335744, November 16, 2023, available at https:// 

www.gao.gov/products/b-335744. 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 205 

[Doc. No. AMS–NOP–21–0073] 

RIN 0581–AE06 

National Organic Program (NOP); 

Organic Livestock and Poultry 

Standards; Delay of Effective Date and 

Update of Compliance Date 

AGENCY: Agricultural Marketing Service, 

Department of Agriculture (USDA). 

ACTION: Final rule; delay of effective 

date and update of compliance date. 

SUMMARY: The Agricultural Marketing 

Service (AMS) is delaying the effective 

date of the Organic Livestock and 

Poultry Standards (OLPS) final rule, 

published on November 2, 2023, to meet 

the requirements of the Small Business 

Regulatory Enforcement Fairness Act of 

1996 (Congressional Review Act (CRA)). 

The CRA requires that agencies provide 

Congress with at least 60 days to review 

a major rule before it takes effect. For 

the OLPS final rule, AMS provided the 

required notice to Congress on 

November 13, 2023, after publication of 

the rule. Therefore, the published 

effective date did not provide 60 days 

for congressional review. This final rule 

delays the effective date of the OLPS 

final rule by 10 days to meet the 60-day 

requirement. AMS is making a technical 

correction to the compliance date of 

January 5, 2029, for indoor and outdoor 

stocking density requirements and soil 

and vegetation requirements for broiler 

operations to January 2, 2029. All other 

compliance dates of the OLPS final rule 

remain unchanged. Additionally, in 

acknowledgement of the U.S. 

Government Accountability Office 

assessment of the final rule, AMS 

confirms that the Administrative PayAs-You-Go Act of 2023 does not apply 

to the OLPS final rule because it does 

not increase direct spending. 

DATES: 

Effective date: The effective date of 

the Organic Livestock and Poultry 

Standards final rule amending 7 CFR 

part 205, published at 88 FR 75394 on 

November 2, 2023, is delayed until 

January 12, 2024. 

Compliance dates: All organic 

operations must comply with the 

requirements of the OLPS final rule by 

January 2, 2025, except: 

(1) Currently certified organic layer 

operations and layer operations that are 

certified before January 2, 2025, must 

comply with § 205.241(c)(2), (4), and (5), 

concerning outdoor stocking density 

requirements and soil and vegetation 

requirements, by January 2, 2029. 

(2) Currently certified organic broiler 

operations and broiler operations that 

are certified before January 2, 2025, 

must comply with § 205.241(b)(10) and 

(c)(2) and (6), concerning indoor and 

outdoor stocking density requirements 

and soil and vegetation requirements, by 

January 2, 2029. 

(3) Currently certified organic poultry 

operations and poultry operations that 

are certified before January 2, 2025, 

must comply with § 205.241(b)(4), 

concerning poultry house exit area 

requirements, by January 2, 2029. 

FOR FURTHER INFORMATION CONTACT: Erin 

Healy, Director, Standards Division; 

Telephone: (202) 720–3252; Email: 

erin.healy@usda.gov. 

SUPPLEMENTARY INFORMATION: The OLPS 

final rule published on November 2, 

2023, at 88 FR 75394. It amends the 

USDA organic regulations (7 CFR part 

205) related to the production of 

livestock, including poultry, marketed 

as organic. The rule adds detailed 

regulations related to animal health 

care, indoor and outdoor space 

standards, manure management, 

temporary confinement of livestock, 

access to the outdoors, transportation 

conditions, and humane euthanasia and 

slaughter. The rule clarifies aspects of 

the existing USDA organic regulations 

that are not interpreted or enforced in a 

consistent manner. In turn, the detailed 

regulations in the final rule will better 

assure consumers that organic livestock 

products meet a consistent standard, as 

intended by the Organic Foods 

Production Act of 1990 (OFPA). 

This final rule delays the effective 

date of the OLPS rule in order to meet 

the requirements of the Congressional 

Review Act or ‘‘CRA’’ (5 U.S.C. 801– 

808). The CRA requires that before a 

rule can take effect, a report must be 

submitted to each House of the Congress 

and to the Comptroller General that 

includes a copy of the rule, a concise 

general statement of the rule, and its 

proposed effective date (5 U.S.C. 

801(a)(1)). Furthermore, the effective 

date of a ‘‘major rule,’’ as defined at 5 

U.S.C. 804, must be ‘‘the later of the 

date occurring 60 days after the date on 

which . . . the Congress received the 

[required] report . . . or . . . the rule is 

published in the Federal Register . . ..’’ 

(5 U.S.C. 801(a)(3)). For the OLPS final 

rule (which meets the criteria of a major 

rule), the required information was not 

received by Congress until November 

13, 2023,1 so the rule cannot be effective 

until 60 days after that date, i.e., January 

12, 2024. Therefore, the published 

effective date, which was calculated as 

60 days after the date of publication of 

the rule in the Federal Register, is 

erroneous. This final rule delays the 

previously published effective date from 

January 2, 2024, to January 12, 2024. 

In this action, AMS is not changing 

any of the compliance dates in the OLPS 

final rule, except to correct the 

compliance date for indoor and outdoor 

stocking density requirements and soil 

and vegetation requirements for broiler 

operations from January 5, 2029, as 

stated in the OLPS final rule, to January 

2, 2029. This technical correction will 

make the date consistent with the other 

compliance dates in that rule. AMS has 

previously publicly discussed the OLPS 

final rule’s compliance dates with 

certifiers, producers, and stakeholders 

and believes maintaining them will 

minimize confusion and allow existing 

plans for compliance by the original 

compliance dates to be maintained. 

AMS acknowledges that the preamble 

text of the OLPS final rule is now 

incorrect when it states compliance 

dates are ‘‘one year following the 

effective date of the final rule’’ or ‘‘five 

years from the effective date.’’ All 

compliance dates should be understood 

as one year or five years from the 

original effective date of January 2, 

2024. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C.553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 


khammond on DSKJM1Z7X2PROD with RULES
86260 Federal Register / Vol. 88, No. 238 / Wednesday, December 13, 2023 / Rules and Regulations 

2U.S. Government Accountability Office. Report 

B–335744, November 16, 2023, available at https:// 

www.gao.gov/products/b-335744. 

3Office of Management and Budget. 

Memorandum for the Heads of Executive 

Departments and Agencies, September 1, 2023, 

available at https://www.whitehouse.gov/wpcontent/uploads/2023/09/M-23-21-Admin-PAYGOGuidance.pdf. 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest, an agency may issue a rule 

without providing notice and an 

opportunity for public comment. AMS 

has determined that there is good cause 

for making this rule final without prior 

proposal and opportunity for comment 

because AMS is merely delaying the 

effective date and correcting one 

compliance date. AMS is delaying the 

effective date of the OLPS rule to be 

consistent with the requirements of the 

CRA as a matter of law and has no 

discretion in this matter. The 

compliance dates erroneously listed as 

January 5, 2029, in the OLPS final rule 

will now be corrected to January 2, 

2029. These changes are administrative 

and minor in nature. Accordingly, AMS 

finds that there is good cause to 

dispense with notice and public 

procedure under 5 U.S.C. 553(b)(B). 

Administrative Pay-As-You-Go-Act of 

2023 

The U.S. Government Accountability 

Office (GAO) assessment of the OLPS 

final rule reported that AMS did not 

discuss the Administrative Pay-As-YouGo-Act of 2023 (Pub. L. 118–5, div. B, 

title III, 137 Stat 3) (Act) in the final 

rule.2 The Office of Management and 

Budget memorandum on the 

Administrative Pay-As-You-Go-Act of 

2023 stated that the requirements of the 

Act ‘‘apply to all rules that have not yet 

been submitted to the Office of 

Information and Regulatory Affairs 

(OIRA) as of the date of this 

memorandum.’’ 3 Based on AMS’ 

understanding, analysis was not 

required. AMS submitted the OLPS final 

rule to OIRA on July 31, 2023, before the 

memorandum was published on 

September 1, 2023. However, AMS does 

confirm the Act does not apply to the 

OLPS final rule because it does not 

increase direct spending. 

Erin Morris, 

Associate Administrator, Agricultural 

Marketing Service. 

[FR Doc. 2023–27255 Filed 12–12–23; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2239; Project 

Identifier MCAI–2023–01201–R; Amendment 

39–22627; AD 2023–24–51] 

RIN 2120–AA64 

Airworthiness Directives; He ́licopte`res 

Guimbal Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

He ́licopte`res Guimbal Model Cabri G2 

helicopters. This AD was prompted by 

reports of a crack in the pilot cyclic 

stick base. This AD requires repetitively 

inspecting certain part-numbered pilot 

and co-pilot cyclic stick bases and, 

depending on the results, corrective 

action. This AD also prohibits installing 

those pilot and co-pilot cyclic stick 

bases unless certain requirements are 

met. These actions are specified in a 

European Union Aviation Safety Agency 

(EASA) AD, which is incorporated by 

reference. The FAA previously sent this 

AD as an emergency AD to all known 

U.S. owners and operators of these 

helicopters. The FAA is issuing this AD 

to address the unsafe condition on these 

products. 

DATES: This AD is effective December 

28, 2023. Emergency AD 2023–24–51, 

issued on November 21, 2023, which 

contained the requirements of this 

amendment, was effective with actual 

notice. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of December 28, 2023. 

The FAA must receive comments on 

this AD by January 29, 2024. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail 

address above between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

AD Docket: You may examine the AD 

docket at regulations.gov under Docket 

No. FAA–2023–2239; or in person at 

Docket Operations between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this final rule, any comments 

received, and other information. The 

address for Docket Operations is listed 

above. 

Material Incorporated by Reference: 

• For EASA material identified in this 

final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; internet 

easa.europa.eu. You may find the EASA 

material on the EASA website at 

ad.easa.europa.eu. 

• For Guimbal service information 

identified in this final rule, contact 

He ́licopte`res Guimbal, 1070, rue du 

Lieutenant Parayre, Ae ́rodrome d’Aixen-Provence, 13290 Les Milles, France; 

phone 33–04–42–39–10–88; email 

support@guimbal.com; or at 

guimbal.com. 

• You may view this material at the 

FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Pkwy., Room 6N–321, Fort Worth, TX 

76177. For information on the 

availability of this material at the FAA, 

call (817) 222–5110. It is also available 

at regulations.gov under Docket No. 

FAA–2023–2239. 

FOR FURTHER INFORMATION CONTACT: Dan 

McCully, Aviation Safety Engineer, 

FAA, 1600 Stewart Avenue, Suite 410, 

Westbury, NY 11590; phone (404) 474– 

5548; email william.mccully@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2023–2239; 

Project Identifier MCAI–2023–01201–R’’ 

at the beginning of your comments. The 

most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 

The FAA will consider all comments 

received by the closing date and may 

amend this final rule because of those 

comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 


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