### 76891 Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations

questions on the requirements of the final rule at numerous meetings, posting questions and answers on its Web site, and responding to numerous questions from stakeholders about the regulations through askFSIS at http:// askfsis.custhelp.com/

. Request for Enforcement Discretion

FSIS received a letter dated August 12, 2011 from eight trade associations (the American Lamb Board, the American Meat Institute, the Food Marketing Institute, the National Cattlemen’s Beef Association, the National Chicken Council, the National Grocer’s Association, the National Pork Board, and the National Turkey Federation), which requested that FSIS exercise enforcement discretion for a six month period following the January 1, 2012, effective date of the final rule. The letter cited the Agency’s 1–2 month delay in making POP and nutrition facts panel materials available on FSIS’s Web site and in conducting the FSIS webinars as the basis for the enforcement discretion. As a result of FSIS’s delay in providing this information to retailers, the trade associations stated that it would be difficult for retailers to have systems in place ( e.g., tens of thousands of scales across the industry will have to be replaced or updated with new software) and training of tens of thousands of employees completed by the January 1, 2012, effective date. The trade associations also stated that it would be difficult for Federal establishments to redesign thousands of labels and have them approved by FSIS by the January 1, 2012, effective date.

Because of the 1–2 month delay in making the FSIS POP materials and nutrition facts panel examples available on FSIS’s Web site and in beginning the FSIS webinars, FSIS has decided to delay the effective date of the final rule until March 1, 2012. The 2 month delay will ensure that industry has sufficient time to comply with the final rule and be in full compliance with the final rule on March 1, 2012.

FSIS determined that a 6 month delay in the effective date is not warranted. The request did not provide any support to justify a 6 month delay in the effective date. Even if, as the letter stated, a delay in FSIS label approval exists, a 2 month delay in the effective date would allow the Agency enough time to approve the new or redesigned nutrition labels submitted by official establishments by March 1, 2012, provided the labels are submitted by January 1, 2012. As described above under ‘‘Outreach,’’ since the final rule was published, FSIS has conducted many education and outreach activities to assist retailers and Federal establishments in complying with the requirements of the final rule. FSIS will continue to conduct these education and outreach activities to assist compliance by March 1, 2012.

Need for Correction

FSIS is making a correction to amendment 17f on page 82167 of the final regulations published on Wednesday, December 29, 2010, to clarify that language is being added to the end of the first sentence in § 381.500(d)(1), not at the end of the second sentence.

Additional Public Notification

FSIS will announce this notice online through the FSIS Web page located at http://www.fsis.usda.gov/ regulations

_ &

_

policies/ Federal

_ Register

_ Notices/index.asp

. FSIS will also 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, 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 also available on the FSIS Web page. Through the Listserv and Web page, FSIS is able to provide information to a much broader and more diverse audience. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at http:// www.fsis.usda.gov/News

_ &

_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.

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.

Correction

In FR Doc. 2010–32485 appearing on page 82148 in the Federal Register of Wednesday, December 29, 2010, the following corrections are made:

**§ 381.500 [Corrected]**

■ 1. On page 82167, in the third column, in Part 381 Poultry Products Inspection Regulations, in amendment 17f, the instruction ‘‘Amending paragraph (d)(1) by removing the period at the end of the sentence, and by adding the following to the end of the sentence: ‘except that this exemption does not apply to the major cuts of single-ingredient, raw poultry products identified in § 381.444.’ ’’ is corrected to read ‘‘Amending paragraph (d)(1) by removing the period at the end of the first sentence, and by adding the following to the end of the first sentence: ‘, except that this exemption does not apply to the major cuts of single-ingredient, raw poultry products identified in § 381.444.’ ’’

Done in Washington, DC, on December 5,
2011. Alfred V. Almanza,
Administrator.
[FR Doc. 2011–31625 Filed 12–8–11; 8:45 am]

**BILLING CODE 3410–DM–P**

**DEPARTMENT OF TRANSPORTATION**

**Federal Aviation Administration**

**14 CFR Part 71**

**[Docket No. FAA–2011–0010; Airspace Docket No. 11–AAL–1]** 

**Amendment of Federal Airways; Alaska** 

**AGENCY :**  Federal Aviation Administration (FAA), DOT.

**ACTION :**  Final rule; announcement of effective date.

**SUMMARY :**  This action announces the effective date of a final rule published in the Federal Register of April 28, 2011 that amends Federal airways in Alaska.


### 76892 Federal Register / Vol. 76, No. 237 / Friday, December 9, 2011 / Rules and Regulations

The FAA subsequently published a rule in the Federal Register of June 16, 2011 that delayed the effective date until further notice. An amendment, published in the Federal Register of October 20, 2011, further modified the rule. This action is the result of satisfactory flight inspections for the Federal airways affected by the relocation of the Anchorage VHF Omnidirectional Range (VOR).

**DATES :**  Effective date 0901 UTC. This announcement is effective February 9, 2012. The effective date of FR Doc. 2011–10240, published on April 28, 2011 (FR 76 23687), delayed by FR Doc. 2011–14711, published on June 16, 2011, and amended by FR Doc. 2011– 27118, published October 20, 2011 (FR 76 65106) is February 9, 2012. The Director of the Federal Register approves this incorporation by reference action under 1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments.

**FOR FURTHER INFORMATION CONTACT :**  Colby Abbott, Airspace, Regulations and ATC Procedures Group, Office of Mission Support Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202)
267–8783.

**SUPPLEMENTARY INFORMATION :**  Background

Federal Register Document FAA– 2011–0010, Airspace Docket No. 11– AAL–1, published on April 28, 2011 (76 FR 23687), amends all Federal airways affected by the relocation of the Anchorage VOR navigation aid effective June 30, 2011. Due to a failed flight inspection, the FAA subsequently published in the Federal Register of June 16, 2011 a rule delaying the effective date from June 30, 2011, until further notice (76 FR 35097). Upon further inspection, the FAA removed two Federal airways in an amendment published in the Federal Register of October 20, (76 FR 65106). Two Federal airways were removed to be reworked as a separate rulemaking action. Satisfactory flight inspection results for the remaining Federal airways contained in the rule, as delayed and amended, have been accomplished the effective date is now established.

The FAA has determined that this regulation only involves an established body of technical regulations for which frequent and routine amendments are necessary to keep them operationally current. Therefore, this regulation (1) Is not a significant regulatory action under Executive Order 12866; (2) is not a ‘‘significant rule’’ under DOT Regulatory Policies and Procedures (44 FR 11034; February 26, 1979); and (3) does not warrant preparation of a Regulatory Evaluation as the anticipated impact is so minimal. Since this is a routine matter that will only affect air traffic procedures and air navigation, it is certified that this rule will not have a significant economic impact on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

The FAA’s authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority.

This rulemaking is promulgated under the authority described in subtitle VII, part A, subpart I, section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies federal airways in Alaska.
List of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

**PART 71—AMENDED**

Announcement of Effective Date

■ The effective date of Airspace Docket No. 11–AAL–1, published on April 28, 2011 (76 FR 23687), delayed on June 16, 2011 (76 FR 35097), and amended on October 20, 2011 (76 FR 65106) is hereby established as February 9, 2012.

Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 1963 Comp., p. 389.

Issued in Washington, DC, on November
30, 2011. Gary A. Norek, Acting Manager, Airspace, Regulations and ATC Procedures Group.
[FR Doc. 2011–31461 Filed 12–8–11; 8:45 am]

**BILLING CODE 4910–13–P DEPARTMENT OF COMMERCE** 

**Bureau of Industry and Security**

**15 CFR Parts 730, 734, 736, 742, 744, and 745** 

**[Docket No. 111031662–1691–01]**

**RIN 0694–AF44**

**Updated Statements of Legal Authority To Reflect Continuation of Emergency**  **Declared in Executive Order 12938**

**AGENCY :**  Bureau of Industry and Security, Commerce.

**ACTION :**  Final rule.

**SUMMARY :**  This rule updates the Code of Federal Regulations (CFR) legal authority citations for the Export Administration Regulations (EAR) to replace citations to the President’s Notice of November 4, 2010, Continuation of Emergency Regarding Weapons of Mass Destruction, with citations to the President’s Notice of November 9, 2011 on the same subject. BIS is making these changes to keep the CFR’s legal authority citations for the EAR current.

**DATES :**  Effective Date: December 9, 2011.

**ADDRESSES :**  Comments concerning this rule should be sent to publiccomments@bis.doc.gov, or to Regulatory Policy Division, Bureau of Industry and Security, Room H2099B, U.S. Department of Commerce, Washington, DC 20230. Please refer to regulatory identification number (RIN) 0694–AF44 in all comments, and in the subject line of email comments.

**FOR FURTHER INFORMATION CONTACT :**  William Arvin, Regulatory Policy Division, Bureau of Industry and Security, telephone: (202) 482–2440.

**SUPPLEMENTARY INFORMATION :**  Background

In Executive Order 12938 of November 14, 1994 (59 FR 59099, 3 CFR, 1994 Comp., p. 950), the President declared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy and economy of the United States posed by the proliferation of nuclear, biological and chemical weapons and the means of delivering such weapons. That emergency has been continued in effect through successive annual presidential notices. The authority for parts 730, 734, 736, 742, 744 and 745 of the EAR (15 CFR parts 730, 734, 736, 742, 744 and 745) rests in part on E.O. 12938, as amended, and on the successive annual notices continuing the emergency. This rule revises the authority citations in those parts of the