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

53582 

Vol. 70, No. 174 

Friday, September 9, 2005 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 381 

[Docket No. 04–033P] 

RIN 0583–AC60 

Allowing Bar-Type Cut Turkey 

Operations To Use J–Type Cut 

Maximum Line Speeds 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is proposing 

to amend the Federal poultry products 

inspection regulations to provide that 

turkey slaughter establishments that 

open turkey carcasses with Bar-type 

cuts may operate at the maximum line 

speeds established for J-type cuts, if the 

establishment uses the specific type of 

shackle described in this proposed rule. 

Under this proposed rule, as under 

current regulations, the inspector in 

charge will reduce line speeds when, in 

his or her judgment, the prescribed 

inspection procedure cannot be 

adequately performed within the time 

available because of the health 

conditions of a particular flock or 

because of other factors. Such factors 

include the manner in which birds are 

being presented to the inspector for 

inspection and the level of 

contamination among the birds on the 

line. 

DATES: Comments must be received on 

or before December 8, 2005. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

proposal. Comments may be submitted 

by any of the following methods: 

• Mail, including floppy disks or CD– 

ROM’s, and hand- or courier-delivered 

items: Send to Docket Clerk, U.S. 

Department of Agriculture, Food Safety 

and Inspection Service, 300 12th Street, 

SW., Room 102 Cotton Annex, 

Washington, DC 20250. 

• Federal eRulemaking Portal: Go to 

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

online instructions at that site for 

submitting comments. Electronic mail: 

fsis.regulationscomments@fsis.usda.gov. 

All submissions received must 

include the Agency name and docket 

number 04–033P. 

All comments submitted in response 

to this proposal, as well as research and 

background information used by FSIS in 

developing this document, will be 

available for public inspection in the 

FSIS Docket Room at the address listed 

above between 8:30 a.m. and 4:30 p.m., 

Monday through Friday. The comments 

also will be posted on the Agency’s Web 

site at http://www.fsis.usda.gov/ 

regulations_&_policies/ 

2005_Proposed_Rules_Index/index.asp. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Shaukat Syed, Director, New 

Technology Staff, Office of Policy, 

Program, and Employee Development, 

Food Safety and Inspection Service, 

U.S. Department of Agriculture, 

Washington, DC 20250; (202) 205–0675. 

SUPPLEMENTARY INFORMATION: 

Background 

The Poultry Products Inspection Act 

(PPIA) requires post-mortem inspection 

of all carcasses of slaughtered poultry 

subject to the Act and such reinspection 

as deemed necessary (21 U.S.C. 455(b)). 

Under traditional post-mortem turkey 

inspection, one inspector inspects the 

whole bird and is responsible for the 

proper disposition of the bird, including 

any required trimming, before it leaves 

the inspection station. Under the New 

Turkey Inspection (NTI) System 

regulations, one or two inspectors on 

each eviscerating line examine the 

whole carcass and viscera of each bird. 

Establishments are responsible for 

independently performing the necessary 

trimming of designated defects on 

passed carcasses. Establishments also 

must meet certain facilities 

requirements to use the NTI System (9 

CFR 381.36(e)). The NTI System allows 

establishments to run their eviscerating 

lines at a faster rate than they can under 

traditional inspection. 

The NTI System regulations (9 CFR 

381.68) provide maximum line speeds 

for: (1) One inspector and two inspector 

lines; (2) light (under 16 pounds) and 

heavy (over 16 pounds) turkeys; and (3) 

turkeys with J-type cut openings and 

turkeys with Bar-type cut openings. 

Some turkey slaughter establishments 

cut a J-type opening in the turkey 

carcass, which is a large abdominal 

opening in the turkey that facilitates the 

removal of the viscera. These 

establishments use a metal or plastic 

device that is inserted into the cavity of 

the carcass to hold the hocks. Other 

establishments leave a section of skin 

intact between the vent and body 

opening to secure the hocks. This type 

of opening is called a Bar-type cut 

opening. 

When the final NTI System 

regulations were published in 1985 (50 

FR 37508), because of the shackles that 

were used, Bar-type cut turkeys 

presented for inspection on a threepoint suspension required an extra 

inspection hand motion to raise the barcut skin flap to observe the under side 

of the bar-cut skin flap and the kidney 

area. This extra hand motion is not 

necessary to inspect J-type cut turkeys. 

Therefore, the regulations require a 

slower line speed for Bar-type cut 

operations than for J-type cut 

operations. The preamble to the final 

NTI system regulations explains that the 

maximum inspection rates in these 

regulations were established by work 

measurement calculations and were 

based on the amount of time necessary 

for an inspector to properly perform the 

correct inspection procedure (50 FR 

37511). 

The NTI System regulations provide 

that the line speeds are for lines using 

standard 9-inch shackles on 12-inch 

centers with birds hung on every 

shackle and opened with J- or Bar-type 

openings cuts. The regulations also state 

that maximum rates for those 

establishments having varying 

configurations will be established by the 

Administrator but will not exceed those 

in the table in 9 CFR 381.68(c). 

Therefore, the regulations prohibit an 

establishment processing carcasses with 

Bar-type cuts from using the J-type cut 

line speeds (9 CFR 381.68(a)). 

As is explained in the preamble to the 

final NTI System regulations, the 

maximum line speeds in the NTI 

System regulations will be achieved 

only when all plant conditions are 

optimal (50 FR 37510). The regulations 

state that the inspector in charge may 

reduce inspection line rates when, in 

his or her judgment, the prescribed 

inspection procedure cannot be 

adequately performed within the time 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53583 

available because the health conditions 

of a particular flock dictate a need for 

a more extended inspection (9 CFR 

381.68(c)). 

Development of Modified Shackle 

In 1988, a turkey slaughter 

establishment developed a turkey 

shackle that positioned the three-point 

hung turkey carcasses on a shackle with 

a 4 inch by 4 inch selector (or kickout), 

a 45 degree bend of the lower 2 inches, 

an extended central loop portion of the 

shackle that lowered the abdominal 

cavity opening of the carcasses to an 

angle of 30 degrees from the vertical in 

direct alignment with the inspector’s 

view, and a width of 10.5 inches. This 

shackle allows light to illuminate the 

total inside surfaces of the carcass and 

allows FSIS inspectors to view and 

properly inspect the inside surfaces of 

the carcass with minimal manipulation. 

Thus, with the modified shackles, the 

Bar-type cut inspection hand motions 

are similar to the J-type cut inspection 

hand motions. 

After the turkey slaughter 

establishment installed the modified 

shackles, FSIS conducted a study on the 

effectiveness of these shackles. From 

April 12 to 14, 1988, on a two-inspector 

NTI Bar-type cut line, FSIS observed 

2,000 light turkeys moving at 45 birds 

per minute and 3,000 heavy turkeys 

moving at 35 birds per minute. FSIS 

observed line speeds for these turkey 

carcasses on the modified shackles at 

the regulatory maximum line speeds for 

Bar-type cut turkeys. On a two-inspector 

NTI Bar-type cut line, FSIS also 

observed 2,000 light turkeys moving at 

51 birds per minute and 3,000 heavy 

turkeys moving at 41 birds per minute. 

FSIS observed line speeds for Bar-type 

cut turkeys on the modified shackles at 

the regulatory maximum J-type cut line 

speeds. 

Three FSIS public health 

veterinarians observed every third bird 

to get a representative sample from each 

of the two inspector lines. The FSIS 

public health veterinarians observed the 

whole birds to determine whether any 

obvious or borderline condemnable 

birds passed inspection. Other data FSIS 

collected included (1) the number of 

birds slaughtered on the three days that 

FSIS conducted this study, (2) the total 

numbers of light and heavy turkeys 

reprocessed on April 13 and 14 from 

lines moving at the regulatory maximum 

speed for Bar-type cut turkeys and lines 

moving at the regulatory maximum 

speed for J-type cut turkeys, (3) the 

presentation records from the week 

prior to the study and the days the study 

was conducted, and (4) the prechill and 

postchill Finished Product Standards 

(FPS) records for the week prior to 

testing and the days testing was 

performed. The FPS for turkeys are not 

included in the Federal poultry 

products inspection regulations. 

FSIS evaluated the presentation 

records, prechill FPS data, and postchill 

FPS data from this study and concluded 

that the data showed no differences in 

processed turkeys attributable to the 

line speed changes during the period of 

the study or between the test period and 

the previous week. FSIS concluded that, 

in a Bar-type cut operation using the 

modified shackle and regulatory 

maximum J-type cut line speeds, 

establishment employees and FSIS 

inspectors are able to perform as well as 

they did when using the slower, 

regulatory maximum Bar-type cut line 

speeds. FSIS also concluded that, 

because the modified shackle allowed 

for modification of the inspection hand 

motions, use of the modified shackle 

also decreases the inspector’s work load 

for the Bar-type cut inspection 

procedure. 

Under 9 CFR 381.3(b), for limited 

periods, the Administrator may waive 

provisions of the regulations to permit 

experimentation so that new 

procedures, equipment, and processing 

techniques may be tested to facilitate 

definite improvements. Therefore, 

under this regulation, on July 21, 1989, 

the Administrator waived the NTI 

System regulations for the first 

establishment that installed the 

modified shackles, so that the Bar-type 

cut establishment could run at the 

maximum line speeds for J-type cut 

turkeys. That establishment is no longer 

using the modified shackle. 

Two other turkey slaughter 

establishments that have Bar-type cut 

operations have also installed the 

modified shackles described above. 

Under 9 CFR 381.3(b), FSIS has allowed 

both of these establishments to run at 

the maximum line speeds for J-type cut 

turkeys. FSIS authorized one to begin 

operating at the faster line speeds on 

June 15, 2001, and the other on March 

17, 2004. FSIS reviewed in-plant trial 

data from these establishments, 

including: Disposition accuracy, 

contamination rate, microbiological 

characteristics, and other product 

characteristics. The data show no 

statistical difference between turkeys 

processed using the modified Bar-type 

cut shackle running at the faster J-type 

cut line speeds and turkeys processed at 

the same establishment using the 

original Bar-type cut shackle (nonmodified) running at the slower Bartype cut line speeds. 

On February 19, 2004, ConAgra 

Foods, the parent company of the 

establishments that process Bar-type cut 

turkey carcasses with modified 

shackles, using the faster line speeds for 

J-type cuts, submitted a petition to FSIS 

requesting that the Agency revise its 

regulations to allow turkey 

establishments that use Bar-type cuts 

and modified shackles to operate under 

the inspection rates (line speeds) 

established for J-type cuts. The petition 

stated that this revision to the 

regulations would not affect product 

quality or safety. The petition also 

stated that this revision to the 

regulations would promote fair 

regulatory competition in the 

marketplace by allowing establishments 

operating under the faster line speeds to 

better manage their assets. 

Proposed Changes 

Based on the in-plant trial data 

discussed above, FSIS agrees with 

ConAgra Foods that the change the 

company requested would not affect 

product quality or safety. As is 

discussed under the ‘‘Executive Order 

12866’’ heading below, this rule will 

likely result in benefits to 

establishments and to FSIS. The Agency 

has tentatively concluded that this rule 

would facilitate post-mortem inspection 

of turkey carcasses. Therefore, 

consistent with the petitioner’s request, 

FSIS is proposing to amend the NTI 

System regulations to provide that 

turkey slaughter establishments that 

open turkey carcasses with Bar-type 

cuts may operate at the maximum line 

speeds established for J-type cuts, if the 

establishment uses a shackle with a 4 

inch by 4 inch selector (or kickout), a 45 

degree bend of the lower 2 inches, an 

extended central loop portion of the 

shackle that lowers the abdominal 

cavity opening of the carcasses to an 

angle of 30 degrees from the vertical in 

direct alignment with the inspector’s 

view, and a width of 10.5 inches. 

As is discussed above, FSIS has 

already allowed establishments that use 

the modified shackle for turkey 

carcasses with Bar-type cut openings to 

operate at J-type cut line speeds under 

9 CFR 381.3(b). However, FSIS may 

exempt establishments from regulatory 

requirements for a limited period of 

time only. For the two Bar-type cut 

turkey establishments that use the 

modified shackle and run at the 

maximum J-type cut line speeds to be 

able to run at these line speeds on a 

permanent basis, it is necessary that 

FSIS amend the regulations. 

In addition, it is necessary that FSIS 

amend the regulations to allow all 

turkey slaughter establishments that 

may use Bar-type cut openings to run at 

the maximum J-type cut line speeds, 

53584 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 

1 In the preamble to the final rule entitled, 

‘‘Pathogen Reduction; Hazard Analysis and Critical 

Control Point (HACCP) Systems,’’ establishments 

that employ between 1–9 persons and have less 

than $2.5 million in annual sales are considered 

very small; those that employ 10 to 499 persons are 

considered small; and those that employ 500 or 

more persons are considered large. 

2National Turkey Federation Web site (http:// 

www.eatturkey.com/index.html). Turkey Facts and 

Trivia. 

3USDA Structural Change in U.S. Chicken and 

Turkey Slaughter, Michael Ollinger, James 

MacDonald, Milton Madison, September 2000, pp. 

11–12 (ERS Agricultural Economic Report Number 

787). 

4USDA Poultry Slaughter 2003 Annual 

Summary, March 2004. 

5National Turkey Federation Statistics. 

provided that such establishments use 

the correct shackles, and provided that 

the health conditions of the flock or 

other factors do not cause the inspector 

in charge to reduce the line speed. 

Under this proposed rule, as under 

current regulations, the inspector in 

charge could reduce line speeds when, 

in his or her judgment, the prescribed 

inspection procedure cannot be 

adequately performed within the time 

available because of the health 

conditions of a particular flock. In 

addition, this proposed rule makes clear 

that the inspector in charge could 

reduce line speeds when the prescribed 

inspection procedure cannot be 

adequately performed within the time 

available because of factors other than 

the health conditions of the flock. FSIS 

is proposing to amend the regulations to 

state that factors that could cause the 

inspector in charge to reduce line 

speeds could include the manner in 

which birds are being presented to the 

inspector for inspection and the level of 

contamination among the birds on the 

line. 

This proposed change clarifies that 

the inspector has discretion to slow the 

line for reasons other than the health 

conditions of the flock, if the reasons are 

consistent with other poultry inspection 

regulations. The regulations concerning 

the young chicken and squab slaughter 

inspection rate maximums under 

traditional inspection procedure 

provide that the inspector in charge may 

reduce production line rates when the 

prescribed inspection procedure cannot 

be adequately performed within the 

time available, either because the birds 

are not presented in a manner that 

makes the carcasses readily accessible 

for inspection, or because the health 

conditions of a particular flock dictate a 

need for a more extended inspection 

procedure (9 CFR 381.67). Similarly, the 

Streamlined Inspection System (SIS) 

regulations provide that the inspector in 

charge determines the line speed based 

on a variety of conditions, including the 

health of each flock and the manner in 

which birds are being presented to the 

inspector for inspection (9 CFR 

381.76(b)(1)(ii)). 

Executive Order 12866 

This action has been reviewed for 

compliance with Executive Order (EO) 

12866. This rule has been designated 

‘‘non-significant’’ and therefore has not 

been reviewed by the Office of 

Management and Budget. 

Need for the Rule 

This rule is necessary to provide more 

production options for turkey slaughter 

establishments. When the New Turkey 

Inspection system regulations were 

published in 1985, because of the 

shackles that were used, Bar-type cut 

turkeys presented for inspection on a 

three-point suspension required an extra 

inspection hand motion to raise the barcut skin flap to observe the under side 

of the bar-cut skin flap and the kidney 

area. This extra hand motion is not 

necessary for inspection of J-type cuts. 

Therefore, the regulations require a 

slower line speed for Bar-type cut 

operations than for J-type cut 

operations. With the modified shackle 

described in the proposed rule, Bar-type 

cut inspection hand motions are similar 

to the J-type cut inspection hand 

motions. Based on in-plant trial data, 

establishments that use the modified 

shackle to process Bar-type cut turkeys 

can operate under inspection using the 

J-type cut line speeds as effectively as 

they could operate under the Bar-type 

cut line speeds. 

This rule is also necessary to make 

clear that the inspector in charge could 

reduce line speeds when, in his or her 

judgment, the prescribed procedure 

cannot be adequately performed within 

the time available because of factors in 

addition to the health conditions of a 

particular flock. Other factors that could 

cause the inspector in charge to reduce 

line speeds include the manner in 

which birds are being presented to the 

inspector for inspection and the level of 

contamination among the birds on the 

line. 

Industry Overview 

According to FSIS’ Animal 

Disposition Reporting System (ADRS), 

the U.S. turkey industry consists of 

approximately 80 slaughter and 

processing establishments, of which 25 

are considered very small, 30 are 

considered small, and 25 are considered 

large.1 The total industry employs 

between 20,000 and 25,000 people in 

the United States, with thousands more 

employed in related industries, such as 

contract growing, product distribution, 

equipment manufacturing, and many 

other affiliated services.2

Turkey companies are vertically 

integrated, meaning that they control or 

contract for all phases of production and 

processing—from breeding through 

delivery to retail. In a vertically 

integrated framework of turkey 

contracting, establishments (integrators) 

accept much of the risk of turkey 

growing in exchange for greater control 

over both the quality and quantity of 

birds. Usually, the contract calls for 

establishments to provide growers with 

chicks or poult hatchlings and feed from 

their own hatcheries and feed mills, 

veterinary services, medication, and 

field supervisors to monitor operations. 

The contract growers provide housing, 

equipment, labor, water, and all or most 

of the fuel and litter. Growers raise the 

birds until ready for shipment to the 

establishments. In their contractual 

arrangements with growers, 

establishments usually agree to pay a 

pre-established fee per pound for live 

turkeys plus a bonus or penalty for 

performance relative to other growers.3

In 2003, the number of turkeys raised 

in the United States was 274 million 

heads, weighing an average of 27.5 

pounds. In 2003, the number of pounds 

of turkey produced was 7.5 billion 

pounds. At a rate of 36 cents per pound, 

the value of production equaled $2.7 

billion. The top 10 turkey processing 

states in 2003 were Minnesota (1.2 

billion pounds), North Carolina (1.1 

billion pounds), Missouri (816 million 

pounds), South Carolina (494 million 

pounds), Virginia (492 million pounds), 

Arkansas (477 million pounds), 

California (418 million pounds), Indiana 

(396 million pounds), Iowa (267 million 

pounds), and Pennsylvania (215 million 

pounds).4 The 25 large producers 

accounted for 91 percent, or 6.8 billion 

pounds, of the 7.5 billion pounds of 

turkey produced in 2003. 

U.S. consumption of turkey and 

turkey products are estimated to be at 17 

pounds per person for 2004. The most 

popular turkey product continues to be 

the whole turkey, comprising 25 percent 

of all turkey sales in 2003. 

U.S. exports of turkey products in 

2003 were 480 million pounds, 

comprising 9 percent of total turkey 

production. In 2003, the top four export 

markets for U.S. turkey products were 

Mexico (241 million pounds), Hong 

Kong (45 million pounds), Taiwan (30 

million pounds) and Russia (25 million 

pounds).5

Traditionally, turkey plants have 

faced highly seasonal demand, with 

most production occurring in the last 

quarter of the year to accommodate the 

Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 53585 

6Consumers are recognizing the health benefits of 

turkey as a low-fat, high-protein source. National 

Turkey Federation Web site. 

increased consumption of turkeys 

around Christmas and Thanksgiving. 

Because of a shift in consumers’ taste for 

turkey and turkey products, consumers 

are consuming more turkey products 

such as turkey sausages, ground turkey, 

luncheon meat, tray packs; pre-cooked 

turkey products such as deli breasts, 

turkey ham, and turkey bacon; and other 

further processed turkey products on a 

year-round basis. More consumers are 

consuming turkey on a year-round basis 

because of health concerns and turkey’s 

nutritional value that addresses those 

concerns.6 This trend in consumption 

reduces the excess capacity that plants 

were experiencing during much of the 

year to a more balanced production 

cycle year round. By supplying turkey 

and turkey products year round, turkey 

plants were able to stabilize production 

rates. Stabilized production rates lower 

production costs because plants are able 

to avoid hiring, training, laying off 

employees, and starting up and shutting 

down of facilities on a seasonal basis. 

Estimated Benefits 

Establishments that process Bar-type 

cut turkeys and install the modified 

shackles will likely realize benefits 

because these establishments will be 

able to process more turkeys by using 

the J-type cut line speeds than they can 

process by using the Bar-type cut line 

speeds. According to ConAgra Foods, 

the company that petitioned FSIS to 

amend the NTI System regulations, by 

using the J-type cut line speeds, a turkey 

plant processing Bar-type cut turkeys 

can increase its production capacity by 

13 percent. Also according to ConAgra 

Foods, under typical pricing and 

operation parameters, this increase will 

result in increased revenue of $600,000 

to $3,000,000 annually per 

establishment. FSIS requests comments 

on typical pricing and operation 

parameters for turkey slaughter 

establishments. An increase in capacity 

to process turkeys will allow 

establishments to receive a greater 

return on their fixed assets. Consumers 

may realize benefits as a result of this 

rule if establishments using the 

modified shackle pass some of their cost 

savings along to consumers in the form 

of reduced prices. 

If all 80 turkey slaughter 

establishments (based on the 2003 

ADRS data) install the modified 

shackles, annual undiscounted benefits 

could range from $48 million to $240 

million. However, it is not realistic to 

assume that all 80 turkey slaughter 

establishments would install modified 

shackles. 

The use of the modified shackles for 

Bar-type cut turkeys, compared to the 

traditional shackles for these turkeys, 

changes the presentation of the turkey, 

so that the inspector need not 

manipulate the bar skin strip to observe 

the underside of that flap and the 

kidney area. Therefore, FSIS may realize 

benefits because the inspectors would 

not be required to perform this extra 

hand motion. The elimination of this 

extra hand motion may reduce undue 

fatigue among turkey inspectors. Also, 

the elimination of the extra hand motion 

decreases the inspection work load at 

the Bar-type cut establishments. 

Based on in-plant trial data from Bartype cut turkey slaughter establishments 

that ran at the J-type cut maximum line 

speeds and that used the modified 

shackle described in this proposed rule, 

this rule would not affect production 

quality or safety. 

Estimated Costs 

The costs of this rule would be the 

costs establishments would incur for 

purchasing and installing the modified 

shackles. Establishments would not 

likely incur these costs unless they 

would realize benefits. Industry sources 

estimate that it would cost a typical 

plant $50,000 to install modified 

shackles on two assembly lines. 

If this rule is adopted, in addition to 

the two turkey slaughter establishments 

that use the modified shackles, other 

turkey slaughter establishments that 

process whole birds may choose to 

install modified shackles. Even if all 80 

turkey slaughter establishments (based 

on the 2003 ADRS data) install the 

modified shackles, the total first-year 

cost to establishments would only be 

$4.0 million, based on the cost estimate 

of $50,000 per establishment. 

Regulatory Flexibility Act (RFA) 

FSIS has examined the economic 

implications of the proposed rule as 

required by the Regulatory Flexibility 

Act (5 U.S.C 601–612). If a rule has a 

significant economic impact on a 

substantial number of small entities, the 

Regulatory Flexibility Act requires that 

the regulatory options that would lessen 

the economic effect of the rule on small 

entities be analyzed. FSIS has 

determined that the proposed rule 

would not have a significant impact on 

a substantial number of small entities 

for the reasons discussed below. 

One of the establishments using the 

modified shackle is small and one is 

large. Under the proposed rule, turkey 

slaughter establishments would not be 

required to install modified shackles 

and are only likely to do so should they 

incur profits through the faster line 

speed for the production of whole 

turkeys. Based on the ADRS data 

discussed above, there are about 30 

small turkey slaughter establishments 

that could potentially install modified 

shackles. Very small establishments are 

not likely to install modified shackles, 

because they are seasonal turkey 

processors. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

There are no paperwork or 

recordkeeping requirements associated 

with this proposed rule under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

Public Notification and Request for 

Data 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that the public and in particular 

minorities, women, and persons with 

disabilities, are aware of this proposed 

rule, FSIS will announce it on-line 

through the FSIS Web page located at 

http://www.fsis.usda.gov/ 

regulations_&_policies/ 

2005_Proposed_Rules_Index/index.asp. 

The Regulations.gov Web site is the 

central online rulemaking portal of the 

United States Government. It is being 

offered as a public service to increase 

participation in the Federal 

Government’s regulatory activities. FSIS 

participates in Regulations.gov and will 

accept comments on documents 

published on the site. The site allows 

visitors to search by keyword or 

Department or Agency for rulemakings 

that allow for public comment. Each 

entry provides a quick link to a 

comment form so that visitors can type 

in their comments and submit them to 

FSIS. The Web site is located at 

http://www.regulations.gov/. 

FSIS also will 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, recalls, and other 

types of information that could affect or 

would be of interest to our constituents 

53586 Federal Register / Vol. 70, No. 174 / Friday, September 9, 2005 / Proposed Rules 

and stakeholders. The update is 

communicated via Listserv, a free e-mail 

subscription service consisting of 

industry, trade, and farm groups, 

consumer interest groups, allied health 

professionals, scientific professionals, 

and other individuals who have 

requested to be included. The update 

also is available on the FSIS Web page. 

Through Listserv and the Web page, 

FSIS is able to provide information to a 

much broader, more diverse audience. 

In addition, FSIS offers an e-mail 

subscription service which provides an 

automatic and customized notification 

when popular pages are updated, 

including Federal Register publications 

and related documents. This service is 

available at http://www.fsis.usda.gov/ 

news_and_events/email_subscription/ 

and allows FSIS customers to sign up 

for subscription options across eight 

categories. 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 account. 

List of Subjects in 9 CFR Part 381 

Poultry products inspection, PostMortem. 

For the reasons discussed in the 

preamble, FSIS is proposing to amend 9 

CFR part 381 as follows: 

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS 

1. The authority citation for part 381 

continues to read as follows: 

Authority: 21 U.S.C. 451 et seq. 

2. Section 381.68 would be amended 

as follows: 

a. Paragraph (a) would be amended by 

revising the first two sentences and by 

adding a new sentence after the second 

newly revised sentence; 

b. Paragraph (c) would be amended by 

text after the phrase ‘‘particular flock’’ ; 

and by revising the table and footnotes. 

The revisions and additions would 

read as follows: 

§ 381.68 Maximum inspection rates—New 

turkey inspection system. 

(a) The maximum inspection rates for 

one inspector New Turkey Inspection 

(NTI–1 and NTI–1 Modified) and two 

inspectors New Turkey Inspection 

(NTI–2 and NTI–2 Modified) are listed 

in the table below. The line speeds for 

NTI–1 and NTI–2 are for lines using 

standard 9-inch shackles on 12-inch 

centers with birds hung on every 

shackle and opened with J-type or Bartype opening cuts. The line speeds for 

NTI–1 Modified and NTI–2 Modified 

are for Bar-type cut turkey lines using a 

shackle with a 4-inch by 4-inch selector 

(or kickout), a 45 degree bend of the 

lower 2 inches, an extended central loop 

portion of the shackle that lowers the 

abdominal cavity opening of the 

carcasses to an angle of 30 degrees from 

the vertical in direct alignment with the 

inspector’s view, and a width of 10.5 

inches. * * * 

* * * * * 

(c) * * * or other factors, including 

the manner in which birds are being 

presented to the inspector for inspection 

and the level of contamination among 

the birds on the line, * * * 

Inspection system Line configuration 

Number of 

inspectors 

Birds/minute 

J-type Bar-type 

(<16#) light (>16#) 1

heavy (<16#) light (>16#) 1heavy 

NTI–1 ............................................................................... 12–1 1 32 30 25 21 

NTI–2 ............................................................................... 2 24–2 2 51 41 45 35 

NTI–1 Modified ................................................................. 12–1 1 .................... .................... 32 30 

NTI–2 Modified ................................................................. 2 24–2 2 .................... .................... 51 41 

1This weight refers to the bird at the point of post-mortem inspection without blood or feet. 

2The turkeys are suspended on the slaughter line at 12-inch intervals with two inspectors each looking at alternating birds at 24-inch intervals. 

* * * * * 

Done in Washington, DC, on: September 6, 

2005. 

Barbara J. Masters, 

Administrator. 

[FR Doc. 05–17887 Filed 9–8–05; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–22358; Directorate 

Identifier 2005–NE–20–AD] 

RIN 2120–AA64 

Airworthiness Directives; Engine 

Components Inc. (ECi) Reciprocating 

Engine Cylinder Assemblies 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: The FAA proposes to adopt a 

new airworthiness directive (AD) for 

Lycoming Engines (formerly Textron 

Lycoming) models 320, 360, and 540 

series, ‘‘Parallel Valve’’ reciprocating 

engines, with certain Engine 

Components Inc. (ECi) cylinder 

assemblies, part number (P/N) 

AEL65102 series ‘‘Classic Cast,’’

installed. This proposed AD would 

require replacing these ECi cylinder 

assemblies. This proposed AD results 

from reports of about 30 failures of the 

subject cylinder assemblies marketed by 

ECi. We are proposing this AD to 

prevent loss of engine power due to 

cracks in the cylinder assemblies and 

possible engine failure caused by 

separation of a cylinder head. 

DATES: We must receive any comments 

on this proposed AD by November 8, 

2005. 

ADDRESSES: Use one of the following 

addresses to comment on this proposed 

AD. 

• DOT Docket Web site: Go to http:// 

dms.dot.gov and follow the instructions 

for sending your comments 

electronically. 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov