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

56139 

Vol. 70, No. 185 

Monday, September 26, 2005 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 56 and 57 

[Docket No. PY–05–003] 

RIN 0581–AC47 

Update and Clarify a Shell Egg Grading 

Definition 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Proposed rule. 

SUMMARY: The Agricultural Marketing 

Service (AMS) proposes to amend the 

regulations governing the voluntary 

shell egg grading program and the 

regulations governing the inspection of 

eggs. The proposed revision would 

revise the definition of washed 

ungraded eggs in each of the 

regulations. From time to time, sections 

in the regulations are affected by 

changes in egg production and 

processing technology. This rule 

updates the regulations to reflect these 

changes. 

DATES: Comments must be received on 

or before November 25, 2005. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this proposed rule to David 

Bowden, Jr., Chief, Standardization 

Branch, Poultry Programs, Agricultural 

Marketing Service, U.S. Department of 

Agriculture, Stop 0259, room 3944— 

South, 1400 Independence Avenue, 

SW., Washington, DC 20250. Comments 

may be faxed to (202) 690–0941. 

Comments should be submitted in 

duplicate. Comments may also be 

submitted electronically to: 

AMSPYDockets@usda.gov or 

www.regulations.gov. All comments 

should refer to Docket No. PY–05–003 

and note the date and page number of 

this issue of the Federal Register. All 

comments received will be made 

available for public inspection at the 

above location during regular business 

hours. Comments received also will be 

made available over the Internet in the 

rulemaking section of the AMS Web site 

http://www.ams.usda.gov/rulemaking. 

A copy of this proposed rule may be 

found at: http://www.ams.usda.gov/ 

poultry/regulations/rulemaking/ 

index.htm. 

FOR FURTHER INFORMATION CONTACT: 

Charles L. Johnson, Chief, Grading 

Branch, (202) 720–3271. 

SUPPLEMENTARY INFORMATION: 

Background and Proposed Changes 

AMS administers a voluntary grading 

program for shell eggs under the 

Agricultural Marketing Act of 1946, as 

amended (AMA) (7 U.S.C. 1621 et seq.). 

Any interested party that applies for 

service must comply with the terms and 

conditions of the regulations and must 

pay for the services rendered. AMS 

graders monitor processing operations 

and verify the grade and size of eggs 

packed into packages bearing the USDA 

grademark. Regulations governing this 

program are contained in 7 CFR part 56. 

AMS also administers a mandatory 

inspection program for shell eggs under 

the Egg Products Inspection Act (EPIA) 

(21 U.S.C. 1031 et seq.). This inspection 

program ensures that shell eggs sold to 

consumers contain no more restricted 

eggs than are permitted in the standards 

for consumer grades. Regulations 

governing this program are contained in 

7 CFR part 57. 

The Agency routinely reviews its 

regulations to ensure that they are 

current and up-to-date. The latest 

review of 7 CFR part 56 and 7 CFR part 

57 identified the following changes that 

are needed to bring the regulations upto-date with current egg production and 

processing technology. 

Washed Ungraded Eggs 

The Agency is proposing to clarify the 

definition of washed ungraded eggs that 

appears in both regulations. The 

definitions currently state that washed 

ungraded eggs mean ‘‘* * * eggs which 

have been washed but not sized or 

segregated for quality.’’ The revised 

definitions will state that washed 

ungraded eggs mean ‘‘* * * eggs which 

have been washed and that are either 

sized or unsized, but not segregated for 

quality.’’ 

In many in-line shell egg production 

facilities, shell eggs move continuously 

from a laying house to the processing 

operation. Frequently, eggs move 

through washing equipment and are 

segregated to remove obvious defects 

(leakers, dirts, etc.) but are not graded or 

segregated for quality. The resultant 

shell eggs may no longer be labeled or 

designated as ‘‘nest-run’’ because they 

have been washed. 

Similar to nest-run shell eggs, 

washed, ungraded, unsized product is 

not subject to inspection under the EPIA 

during a shell egg surveillance 

inspection unless the product is being 

offered for consumer sale. Washed, 

ungraded, unsized product, which is not 

intended for sale to consumers, is sold 

to official breaking plants or is 

reprocessed and graded at a shell egg 

grading facility for consumer sales. 

In the early 1990s, Poultry Programs 

determined that a name designation was 

needed to reference and label washed, 

ungraded, unsized shell eggs. Since the 

product did not meet the criteria for 

nest-run eggs, Poultry Programs 

proposed establishing a category of shell 

eggs known as ‘‘washed ungraded eggs’’ 

to mean eggs that were washed, unsized, 

and not segregated for quality. 

In 1995 through notice and comment 

rulemaking, Poultry Programs amended 

the voluntary shell egg regulations at 7 

CFR part 56 and defined shell eggs that 

have been washed but not segregated for 

grade or size to mean ‘‘washed ungraded 

eggs’’. This definition has worked well; 

however, as production and processing 

practices have changed, many in-line 

shell egg production facilities now 

segregate washed ungraded eggs by size. 

Consequently, the resultant washed, 

ungraded, sized eggs are not clearly 

defined by the regulations. The current 

definition of washed ungraded eggs 

needs to be revised to include eggs that 

may either be sized or unsized. This 

revision will clarify that this product is 

to be reprocessed and graded and is not 

intended for sale to consumers. 

Since washed ungraded, sized shell 

eggs do not meet the criteria under the 

definition of washed ungraded eggs, we 

propose to revise the definition for 

washed ungraded eggs to mean eggs that 

are washed, sized or unsized, but not 

segregated for quality. 

The revision is necessary to facilitate 

the trading, certification, and 

identification of shell eggs from 

processing facilities when shell eggs 

move from laying houses to processing 

facilities without being graded. 

56140 Federal Register / Vol. 70, No. 185 / Monday, September 26, 2005 / Proposed Rules 

Executive Order 12866 and Effect on 

Small Entities 

This rule has been determined to be 

not significant for purposes of Executive 

Order 12866 and, therefore, has not 

been reviewed by the Office of 

Management and Budget (OMB). In 

addition, pursuant to requirements set 

forth in the Regulatory Flexibility Act 

(RFA) (5 U.S.C. 601 et seq.), AMS has 

considered the economic impact of the 

rule on small entities and has 

determined that its provisions would 

not have a significant economic impact 

on a substantial number of small 

entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

The Small Business Administration 

(SBA) (13 CFR 121.201) defines small 

entities that produce and process 

chicken eggs as those whose annual 

receipts are less than $9,000,000. 

Approximately 625,000 egg laying hens 

are needed to produce enough eggs to 

gross $9,000,000. 

Currently, the AMA authorizes a 

voluntary grading program for shell 

eggs. Shell egg processors that apply for 

service must pay for the services 

rendered. Shell egg processors are 

entitled to pack their eggs in packages 

bearing the USDA grade shield when 

AMS graders are present to certify that 

the eggs meet the grade requirements as 

labeled. Plants in which these grading 

services are performed are called official 

plants. Shell egg processors who do not 

use USDA’s grading service may not use 

the USDA grademark. There are about 

540 shell egg processors registered with 

the Department that have 3,000 or more 

laying hens. Of these, 161 are official 

plants that use USDA’s grading service 

and would be subject to this proposed 

rule. Of these 161 official plants, 38 

meet the small business definition. 

The EPIA authorizes the mandatory 

inspection of egg products operations 

and the mandatory surveillance of the 

disposition of shell eggs that are 

undesirable for human consumption, 

with implementing regulations in 7 CFR 

part 57. All of the approximate 540 shell 

egg processors registered with the 

Department are required to comply with 

the labeling provisions of the EPIA and 

would be subject to this proposed rule. 

Of these 540 shell egg processors, 313 

meet the small business definition. 

This proposal will not have an 

adverse economic impact on processors. 

It would revise the AMA and the EPIA 

regulations by up-dating the definition 

of washed ungraded eggs to reflect 

current egg production and processing 

technology. 

For the above reasons, the Agency has 

certified that this action will not have a 

significant economic impact on a 

substantial number of small entities. 

Executive Orders 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This action is not 

intended to have retroactive effect. This 

rule will not preempt any State or local 

laws, regulations, or policies, unless 

they present an irreconcilable conflict 

with this rule. There are no 

administrative procedures which must 

be exhausted prior to any judicial 

challenge to the provisions of this rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) the Office of Management and 

Budget (OMB) has approved the 

information collection and 

recordkeeping requirements included in 

this proposed rule, and there are no new 

requirements. The assigned OMB 

control number is 0581–0128. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act, which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. 

List of Subjects 

7 CFR Part 56 

Eggs and egg products, Food grades 

and standards, Food labeling, Reporting 

and recordkeeping requirements. 

7 CFR Part 57 

Eggs and egg products, Exports, Food 

grades and standards, Food labeling, 

Imports, Reporting and recordkeeping 

requirements. 

For reasons set forth in the preamble, 

it is proposed that 7 CFR parts 56 and 

57 be amended as follows: 

PART 56—VOLUNTARY GRADING OF 

SHELL EGGS 

1. The authority citation for part 56 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

2. In § 56.1, revise the term Washed 

ungraded eggs to read as follows: 

§ 56.1 Meaning of words and terms 

defined. 

* * * * * 

Washed ungraded eggs means eggs 

which have been washed and that are 

either sized or unsized, but not 

segregated for quality. 

PART 57—INSPECTION OF EGGS 

(EGGS PRODUCTS INSPECTION ACT) 

3. The authority citation for part 57 

continues to read as follows: 

Authority: 21 U.S.C. 1031–1056. 

4. In § 57.1, revise the term Washed 

ungraded eggs to read as follows: 

§ 57.1 Definitions. 

* * * * * 

Washed ungraded eggs means eggs 

which have been washed and that are 

either sized or unsized, but not 

segregated for quality. 

Dated: September 20, 2005. 

Lloyd C. Day, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 05–19087 Filed 9–23–05; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. 2003–SW–10–AD] 

RIN 2120–AA64 

Airworthiness Directives; Eurocopter 

France Model AS355E, F, F1, F2, and 

N Helicopters 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This document proposes to 

revise an existing airworthiness 

directive (AD) for the specified 

Eurocopter France (ECF) model 

helicopters. That AD currently requires 

certain checks of the magnetic chip 

detector plug (chip detector) and the 

main gearbox (MGB) oil-sight glass, 

certain inspections of the lubrication 

pump (pump), and replacing the MGB 

and the pump with an airworthy MGB 

and pump, if necessary. Also, the AD 

requires that before an MGB or pump 

with any time-in-service (TIS) can be 

installed, it must meet the AD 

requirements. This action would retain 

those requirements but would limit the 

applicability to one part number with 

certain serial-numbered pumps or 

modified after a certain date. This 

proposal was prompted by an 

investigation by the manufacturer that 

revealed a malfunction occurred after 

modifying the pump case on certain 

pumps after major overhaul and repairs.