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

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. 


sroberts on DSK5SPTVN1PROD with RULES
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 


sroberts on DSK5SPTVN1PROD with RULES