106996 Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Rules and Regulations 

pass or fail. The reviewer must be 

afforded the same access to the premises 

previously afforded to the auditor, if 

requested. 

(4) If the producer disagrees with the 

final audit determination, the producer 

may send a request for reconsideration 

to APHIS.HPAI.BCAP.audits@usda.gov 

or by postal mail to: Biosecurity Audit 

Reconsideration, 920 Main Campus 

Drive, Raleigh, NC 27606. The request 

for reconsideration must be in writing, 

state all the facts and reasons upon 

which the producer relies to show that 

the producer wrongfully failed the 

biosecurity audit, and be received by the 

Biosecurity Compliance Audit Program 

Manager within 14 calendar days of 

communication of the reviewer’s final 

audit determination. After receipt of the 

reconsideration request, the process 

proceeds as follows: 

(i) The Biosecurity Compliance Audit 

Program Manager will review the 

reconsideration request, the audit 

package prepared by the auditor, and 

the reviewer’s final audit determination. 

If the Biosecurity Compliance Audit 

Program Manager determines that the 

producer wrongfully failed the 

biosecurity audit, he or she will change 

the final audit determination from fail to 

pass. The auditor will notify the 

producer of the change in writing, and 

the Biosecurity Compliance Audit 

Program Manager will close the 

reconsideration request. If the 

Biosecurity Compliance Audit Program 

Manager agrees that the producer failed 

the biosecurity audit, the 

reconsideration process will continue to 

a panel review. 

(ii) A panel consisting of the State 

Animal Health Official of the State 

where the premises is located, the 

APHIS Area Veterinarian in Charge, and 

the Biosecurity Compliance Audit 

Program Manager will review the 

reconsideration request, the audit 

package prepared by the auditor, and 

the reviewer’s final audit determination. 

The panel’s decision is final and will be 

communicated to the producer as 

promptly as circumstances allow and 

will state, in writing, the reasons for the 

decision. 

(5) A final audit determination of pass 

for a premises that had a biosecurity 

audit conducted in accordance with 

paragraph (f)(1)(i) or (ii) of this section 

will be valid for six (6) months, unless 

the premises changes its poultry 

biosecurity plan, biosecurity 

coordinator, ownership, or 

infrastructure. If such premises makes 

any of the aforementioned changes, the 

premises must pass a new biosecurity 

audit conducted in accordance with 

paragraph (f)(1)(i) or (ii) of this section, 

as applicable, prior to the movement of 

poultry onto the premises. 

(6) The biosecurity audit tool 

referenced in paragraph (f)(1) of this 

section will be reviewed by APHIS on 

an annual basis and revised as follows: 

(i) Standard process for revising the 

biosecurity audit tool: If the 

Administrator determines that revisions 

to the biosecurity audit tool are 

necessary, APHIS will publish a notice 

in the Federal Register advising the 

public of the Administrator’ 

determination. The notice will describe 

the proposed revisions and the reasons 

for the proposed revisions and will 

invite public comment on the proposed 

revisions. 

(ii) Immediate process for revising the 

biosecurity audit tool: If the 

Administrator determines that the 

biosecurity audit tool is no longer 

sufficient for auditors to use to conduct 

biosecurity audits pursuant to paragraph 

(f)(1)(i) or (ii) of this section, APHIS will 

immediately update the biosecurity 

audit tool. APHIS will publish a notice 

in the Federal Register advising the 

public of the Administrator’s 

determination. The notice will specify 

the revisions and the reasons for the 

revisions, provide an effective date for 

the revisions, and will invite public 

comment on the revisions. 

* * * * * 

Done in Washington, DC, this 23rd day of 

December 2024. 

Jennifer Moffitt, 

Undersecretary, Marketing and Regulatory 

Programs, USDA. 

[FR Doc. 2024–31384 Filed 12–30–24; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 101 

[Docket No. FDA–2000–N–0011] 

Uniform Compliance Date for Food 

Labeling Regulations 

AGENCY: Food and Drug Administration, 

Department of Health and Human 

Services (HHS). 

ACTION: Final action; announcement of a 

uniform compliance date. 

SUMMARY: The Food and Drug 

Administration (FDA or we) is 

establishing January 1, 2028, as the 

uniform compliance date for food 

labeling regulations that are published 

on or after January 1, 2025, and on or 

before December 31, 2026. We 

periodically announce uniform 

compliance dates for new food labeling 

requirements to minimize the economic 

impact of labeling changes. 

DATES: This final action is effective 

December 31, 2024. Either electronic or 

written comments on the final action 

must be submitted by March 3, 2025. 

ADDRESSES: You may submit comments 

as follows. Please note that late, 

untimely filed comments will not be 

considered. The https://

www.regulations.gov electronic filing 

system will accept comments until 

11:59 p.m. Eastern Time at the end of 

March 3, 2025. Comments received by 

mail/hand delivery/courier (for written/ 

paper submissions) will be considered 

timely if they are received on or before 

that date. 

Electronic Submissions 

Submit electronic comments in the 

following way: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

Comments submitted electronically, 

including attachments, to https://

www.regulations.gov will be posted to 

the docket unchanged. Because your 

comment will be made public, you are 

solely responsible for ensuring that your 

comment does not include any 

confidential information that you or a 

third party may not wish to be posted, 

such as medical information, your or 

anyone else’s Social Security number, or 

confidential business information, such 

as a manufacturing process. Please note 

that if you include your name, contact 

information, or other information that 

identifies you in the body of your 

comments, that information will be 

posted on https://www.regulations.gov. 

• If you want to submit a comment 

with confidential information that you 

do not wish to be made available to the 

public, submit the comment as a 

written/paper submission and in the 

manner detailed (see ‘‘Written/Paper 

Submissions’’ and ‘‘Instructions’’). 

Written/Paper Submissions 

Submit written/paper submissions as 

follows: 

• Mail/Hand Delivery/Courier (for 

written/paper submissions): Dockets 

Management Staff (HFA–305), Food and 

Drug Administration, 5630 Fishers 

Lane, Rm. 1061, Rockville, MD 20852. 

• For written/paper comments 

submitted to the Dockets Management 

Staff, FDA will post your comment, as 

well as any attachments, except for 

information submitted, marked and 

identified, as confidential, if submitted 

as detailed in ‘‘Instructions.’’ 


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Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Rules and Regulations 106997 

Instructions: All submissions received 

must include the Docket No. FDA– 

2000–N–0011 for ‘‘Uniform Compliance 

Date for Food Labeling Regulations.’’ 

Received comments, those filed in a 

timely manner (see ADDRESSES), will be 

placed in the docket and, except for 

those submitted as ‘‘Confidential 

Submissions,’’ publicly viewable at 

https://www.regulations.gov or at the 

Dockets Management Staff between 9 

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

Friday, 240–402–7500. 

• Confidential Submissions—To 

submit a comment with confidential 

information that you do not wish to be 

made publicly available, submit your 

comments only as a written/paper 

submission. You should submit two 

copies total. One copy will include the 

information you claim to be confidential 

with a heading or cover note that states 

‘‘THIS DOCUMENT CONTAINS 

CONFIDENTIAL INFORMATION.’’ We 

will review this copy, including the 

claimed confidential information, in our 

consideration of comments. The second 

copy, which will have the claimed 

confidential information redacted/ 

blacked out, will be available for public 

viewing and posted on https://

www.regulations.gov. Submit both 

copies to the Dockets Management Staff. 

If you do not wish your name and 

contact information to be made publicly 

available, you can provide this 

information on the cover sheet and not 

in the body of your comments, and you 

must identify this information as 

‘‘confidential.’’ Any information marked 

as ‘‘confidential’’ will not be disclosed 

except in accordance with 21 CFR 10.20 

and other applicable disclosure law. For 

more information about FDA’s posting 

of comments to public dockets, see 80 

FR 56469, September 18, 2015, or access 

the information at: https://

www.govinfo.gov/content/pkg/FR-2015- 

09-18/pdf/2015-23389.pdf. 

Docket: For access to the docket to 

read background documents or the 

electronic and written/paper comments 

received, go to https://

www.regulations.gov and insert the 

docket number, found in brackets in the 

heading of this document, into the 

‘‘Search’’ box and follow the prompts 

and/or go to the Dockets Management 

Staff, 5630 Fishers Lane, Rm. 1061, 

Rockville, MD 20852, 240–402–7500. 

FOR FURTHER INFORMATION CONTACT: 

Lauren Kleinman, Human Foods 

Program (HFS–24), Food and Drug 

Administration, 5001 Campus Dr., 

College Park, MD 20740, 240–402–2378. 

SUPPLEMENTARY INFORMATION: 

I. Background 

We periodically issue regulations 

requiring changes in the labeling of 

food. If the compliance dates of these 

labeling changes were not coordinated, 

the cumulative economic impact on the 

food industry of having to respond 

separately to each change would be 

substantial. Therefore, we periodically 

have announced uniform compliance 

dates for new food labeling 

requirements (see, e.g., the Federal 

Register of October 19, 1984 (49 FR 

41019); December 24, 1996 (61 FR 

67710); December 27, 1996 (61 FR 

68145); December 23, 1998 (63 FR 

71015); November 20, 2000 (65 FR 

69666); December 31, 2002 (67 FR 

79851); December 21, 2006 (71 FR 

76599); December 8, 2008 (73 FR 

74349); December 15, 2010 (75 FR 

78155); November 28, 2012 (77 FR 

70885); December 10, 2014 (79 FR 

73201); November 25, 2016 (81 FR 

85156); December 20, 2018 (83 FR 

65294); January 6, 2021 (86 FR 462); and 

January 3, 2023 (88 FR 6)). Use of a 

uniform compliance date provides for 

an orderly and economical industry 

adjustment to new labeling 

requirements by allowing sufficient lead 

time to plan for the use of existing label 

inventories and the development of new 

labeling materials. 

II. Analysis of Environmental Impact 

We have determined under 21 CFR 

25.30(k) that this action is of a type that 

does not individually or cumulatively 

have a significant effect on the human 

environment. Therefore, neither an 

environmental assessment nor an 

environmental impact statement is 

required. 

III. Paperwork Reduction Act of 1995 

This final action contains no 

collections of information. Therefore, 

clearance by the Office of Management 

and Budget under the Paperwork 

Reduction Act of 1995 is not required. 

IV. Conclusion 

This action does not relate to existing 

requirements for compliance dates 

contained in final rules published 

before January 1, 2025. Therefore, the 

compliance dates for all final rules 

published by FDA in the Federal 

Register before January 1, 2025, will be 

the date stated in the respective final 

rule. We generally encourage industry to 

comply with new labeling regulations as 

quickly as feasible, however. Thus, 

when industry members voluntarily 

change their labels, it is appropriate that 

they incorporate any new requirements 

that have been published as final 

regulations up to that time. 

In rulemaking that began with 

publication of a proposed rule on April 

15, 1996 (61 FR 16422), and ended with 

a final rule on December 24, 1996 (61 

FR 67710) (together ‘‘the 1996 

rulemaking’’), we provided notice and 

an opportunity for comment on the 

practice of establishing uniform 

compliance dates by issuance of a final 

rule announcing the date. We received 

no comments objecting to this practice 

during the 1996 rulemaking, nor have 

we received comments objecting to this 

practice since we last published a 

uniform compliance date final rule on 

January 3, 2023 (88 FR 6). 

We find for good cause that notice 

and public procedure thereon are 

unnecessary because this action is 

uncontroversial and is consistent with 

FDA’s past practice over many years. In 

this proceeding, FDA has identified a 

uniform compliance date that is 

approximately 3 years after the date of 

publication of this final action, 

consistent with past uniform 

compliance date rules. Moreover, 

interested parties will have an 

opportunity to comment on the 

compliance date for each individual 

food labeling regulation as part of the 

rulemaking process for that regulation. 

Consequently, FDA finds that notice 

and public procedure thereon are 

unnecessary for this final action. 

However, under 21 CFR 10.40(e)(1), we 

are providing an opportunity for 

comment on whether the uniform 

compliance date established by this 

final action should be modified or 

revoked. 

In addition, we find good cause for 

this final action to become effective on 

the date of publication of this action. A 

delayed effective date is unnecessary in 

this case because this action does not 

impose any new regulatory 

requirements on affected parties. 

Instead, this final action provides 

affected parties with notice of our intent 

to identify January 1, 2028, as the 

compliance date for final food labeling 

regulations that require changes in the 

labeling of food products and that 

publish on or after January 1, 2025, and 

on or before December 31, 2026, unless 

special circumstances justify a different 

compliance date. Thus, affected parties 

do not need time to prepare before the 

rule takes effect. Therefore, we find 

good cause for this final action to 

become effective on the date of 

publication of this action. 

The uniform compliance date is only 

relevant to final FDA food labeling 

regulations that require changes in the 

labeling of food products and that 

publish on or after January 1, 2025, and 

on or before December 31, 2026. All 


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106998 Federal Register / Vol. 89, No. 250 / Tuesday, December 31, 2024 / Rules and Regulations 

food products subject to the January 1, 

2028, compliance date must comply 

with the appropriate regulations when 

initially introduced into interstate 

commerce on or after January 1, 2028. 

If any food labeling regulation involves 

special circumstances that justify a 

compliance date other than January 1, 

2028, we will determine for that 

regulation an appropriate compliance 

date, which will be specified when the 

final regulation is published. 

Dated: December 26, 2024. 

P. Ritu Nalubola, 

Associate Commissioner for Policy. 

[FR Doc. 2024–31419 Filed 12–30–24; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Parts 5, 92, 93, 570, 574, 576, 

and 578 

[Docket No. FR–6057–N–06] 

Housing Opportunity Through 

Modernization Act: Implementation of 

Sections 102, 103, and 104; Extension 

of Compliance Date and Safe Harbor 

Implementation 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, U.S. Department of 

Housing and Urban Development 

(HUD). 

ACTION: Final rule; extension of 

compliance date. 

SUMMARY: This document extends the 

compliance date for HUD’s final rule 

entitled ‘‘Housing Opportunity Through 

Modernization Act of 2016: 

Implementation of Sections 102, 103, 

and 104’’ (HOTMA final rule) for 

Community Planning and Development 

(CPD) programs. Specifically, HUD is 

extending the compliance date for the 

HOME Investment Partnerships program 

(HOME), HOME-American Rescue Plan 

program, Housing Trust Fund (HTF), 

Housing Opportunities for Persons With 

AIDS (HOPWA), Community 

Development Block Grant program 

(CDBG), Emergency Solution Grants 

(ESG), Continuum of Care (CoC) 

programs, and CPD programs funded 

through competitive processes 

(Competitive Programs). HUD is 

extending the compliance deadline for 

all grantees and allowing grantees that 

are ready to comply to set an earlier 

compliance date between January 1, 

2024, and January 1, 2026. In addition, 

HUD is permitting the implementation 

of certain income safe harbors 

established in the HOTMA final rule 

prior to the extended HOTMA 

compliance date. HUD is taking this 

action due to delays in updating the 

HUD systems to comply with HOTMA 

and to allow additional time for 

jurisdictions, participants, and grantees 

to incorporate HUD’s income and asset 

requirements into their own programs 

and flexibility to transition 

implementing HOTMA requirements 

under their own timelines. 

DATES: The compliance date for the final 

rule published February 14, 2023, at 88 

FR 9600, is extended. CPD participating 

jurisdictions, participants, and grantees 

(CPD grantees) subject to 24 CFR parts 

5, 92, 93, 570, 574, 576, and 578, or who 

apply the income requirements in 24 

CFR part 5 pursuant to Notices of 

Funding Opportunity (NOFOs), are not 

required to comply with the changes 

established by the HOTMA final rule 

until January 1, 2026. 

FOR FURTHER INFORMATION CONTACT: For 

HOME and the HTF, Milagro Fisher, 

Senior Affordable Housing Specialist, 

Office of Affordable Housing Programs, 

at telephone (202) 708–2684, Room 

7160; for HOPWA, Lisa Steinhauer, 

Senior Program Specialist, Office of 

HIV/AIDS Housing, at telephone (215) 

861–7651, Room 7248; for CDBG, B. 

Cory Schwartz, Deputy Director, State & 

Small Cities Division, at telephone (202) 

402–4105, Room 7282. The mailing 

address for each office contact is 

Department of Housing and Urban 

Development, 451 Seventh Street SW, 

Washington, DC 20410–7000. HUD 

welcomes and is prepared to receive 

calls from individuals who are deaf or 

hard of hearing, as well as individuals 

with speech or communication 

disabilities. To learn more about how to 

make an accessible telephone call, 

please visit: https://www.fcc.gov/ 

consumers/guides/telecommunicationsrelay-service-trs. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On February 14, 2023, HUD published 

the HOTMA final rule (88 FR 9600). The 

HOTMA final rule established a January 

1, 2024, effective date for the revisions 

it made to HUD’s income regulations at 

24 CFR parts 5, 92, 93, 570, and 574. 

These revisions also affected CPD 

programs subject to 24 CFR parts 576 

and 578, as well as Competitive 

Programs using NOFOs that reference 

the regulations at 24 CFR part 5. On 

September 29, 2023, HUD’s Office of 

Public and Indian Housing (PIH) and 

Office of Housing (Housing) issued joint 

notification PIH 2023–27/H 2023–10, 

which enabled Public Housing Agencies 

(PHAs) and multifamily owners to 

establish their own compliance dates for 

sections 102 and 104 of HOTMA as 

early as January 1, 2024, and no later 

than January 1, 2025. Similarly, on 

December 8, 2023, HUD published the 

Housing Opportunity Through 

Modernization Act: Implementation of 

Sections 102, 103, and 104; Extension of 

Compliance Date (88 FR 85648) to 

extend the compliance date of the 

HOTMA final rule to January 1, 2025, 

for all CPD programs that use HUD’s 24 

CFR part 5 income regulations. 

II. Further Extensions of the HOTMA 

Final Rule Compliance Date 

On September 18, 2024, PIH 

announced that PHAs were not to 

implement and comply with the section 

102 and 104 income and assets 

provisions in the HOTMA final rule by 

January 1, 2025. This extension was due 

to delays in updating the HUD systems 

to comply with the rule. Then, on 

September 20, 2024, Housing issued 

notification H 2024–09 to announce that 

multifamily owners were not to 

implement and comply with the 

HOTMA final rule until July 1, 2025. 

This was also due to delays in updating 

the HUD systems to comply with the 

rule. Now, HUD has determined that 

CPD grantees receiving assistance 

through CPD programs, which often 

overlap with PIH and multifamily 

programs, must be provided with 

certain flexibilities. HUD is 

communicating these flexibilities 

through this document. 

HUD’s determination that these 

flexibilities are necessary was made in 

light of the fact that CPD grantees may 

not be able to comply with the 

requirements of the HOTMA final rule 

until after HUD has provided the 

guidance and performed the software 

updates necessary for CPD grantees to 

implement the HOTMA final rule. Even 

after the necessary guidance is provided 

and updates to HUD systems are made, 

CPD grantees will still need additional 

time to incorporate this guidance into 

their program policies and procedures 

and to update their own systems and 

software. Therefore, in recognition of 

these operational issues and challenges, 

HUD is allowing CPD grantees to set 

their own compliance dates for the 

applicable HOTMA final rule 

provisions. These compliance dates may 

be as early as January 1, 2024, and no 

later than January 1, 2026. Until these 

new compliance dates, CPD grantees 

must continue to adhere, as applicable, 

to the requirements found in both their 

program regulations and the regulations 

at 24 CFR 5.603, 24 CFR 5.609, 24 CFR 

5.611, and 24 CFR 5.617 as they existed 

prior to January 1, 2024. Furthermore, 


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