Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 70033 

disabilities. After a careful review of the 

rule’s intent and provisions, FNS has 

determined that this rule will not in any 

way limit or reduce participants’ ability 

to participate in the Child Nutrition 

Programs on the basis of an individual’s 

or group’s race, color, national origin, 

sex, age, or disability (The Child 

Nutrition Programs’ nondiscrimination 

policy can be found at 7 CFR 

210.23(b).). FNS found no factors that 

would negatively and 

disproportionately affect any group of 

individuals. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. Chap. 35; see 5 CFR 1320) 

requires that the Office of Management 

and Budget (OMB) approve all 

collections of information by a Federal 

agency before they can be implemented. 

Respondents are not required to respond 

to any collection of information unless 

it displays a current valid OMB control 

number. This rule does not contain any 

information collection requirements 

subject to approval by OMB under the 

Paperwork Reduction Act of 1995. 

Government Paperwork Elimination 

Act 

FNS is committed to compliance with 

the Government Paperwork Elimination 

Act (GPEA), which requires Government 

agencies to provide the public the 

option of submitting information or 

transacting business electronically to 

the maximum extent possible. 

Public Participation 

FNS has determined, in accordance 

with 5 U.S.C. 553(b), that Notice of 

Proposed Rulemaking and opportunity 

for public comments is unnecessary and 

contrary to the public interest and, in 

accordance with 5 U.S.C. 553(d), finds 

that good cause exists for making this 

action effective without prior public 

comment. In section 501(b) of Public 

Law 108–265, Congress specifically 

afforded the Secretary the option of 

implementing this rulemaking without 

prior notice and comment. In addition, 

the provisions of this interim rule reflect 

mandatory statutory requirements 

which are non-discretionary. The 

Department, however, wishes to receive 

comments that might improve the 

administration of these mandatory 

requirements. 

List of Subjects in 7 CFR Part 210 

Grant programs-education, Grant 

programs-health, Infants and children, 

Nutrition, Penalties, Reporting and 

recordkeeping requirements, School 

breakfast and lunch programs, Surplus 

agricultural commodities. 

■ Accordingly, 7 CFR Part 210 is 

amended as follows: 

PART 210—NATIONAL SCHOOL 

LUNCH PROGRAM 

■ 1. The authority citation for 7 CFR 

part 210 continues to read as follows: 

Authority: 42 U.S.C. 1751–1760, 1779. 

■ 2. In § 210.10 the section heading is 

revised and a new paragraph (m)(3) is 

added to read as follows: 

§ 210.10 Nutrition standards and menu 

planning approaches for lunches and 

requirements for afterschool snacks. 

* * * * * 

(m) * * * 

(3) Restrictions on the sale of milk. A 

school participating in the Program, or 

a person approved by a school 

participating in the Program, must not 

directly or indirectly restrict the sale or 

marketing of fluid milk (as described in 

paragraph(m)(1)(ii) of this section) at 

any time or in any place on school 

premises or at any school-sponsored 

event. 

* * * * * 

■ 3. In § 210.21, add a new paragraph (e) 

to read as follows: 

§ 210.21 Procurement. 

* * * * * 

(e) Restrictions on the sale of milk. A 

school food authority participating in 

the Program, or a person approved by a 

school participating in the Program, 

must not directly or indirectly restrict 

the sale or marketing of fluid milk (as 

described in paragraph(m)(1)(ii) of this 

section) at any time or in any place on 

school premises or at any schoolsponsored event. 

Dated: November 10, 2005. 

Roberto Salazar, 

Administrator, Food and Nutrition Service. 

[FR Doc. 05–22952 Filed 11–18–05; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 327 

[Docket No. 02–019F] 

RIN 0583–AD16 

Addition of Chile to the List of 

Countries Eligible To Export Meat and 

Meat Products to the United States 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is adding 

Chile to the list of countries eligible to 

export meat and meat products to the 

United States. FSIS conducted a 

thorough review of Chile’s meat 

slaughter and processing inspection 

system, including an on-site review of 

its meat inspection system in operation. 

FSIS concluded that Chile’s meat 

inspection laws, regulations, and other 

written materials demonstrate that they 

establish requirements that are 

equivalent to the relevant requirements 

of the Federal Meat Inspection Act 

(FMIA) and its implementing 

regulations, and that Chile’s 

implementation of meat inspection 

standards and procedures is equivalent 

to that of the United States. 

Meat and meat products slaughtered 

and processed in certified Chilean 

establishments may be exported to the 

United States. All such products will be 

subject to re-inspection by FSIS 

inspectors at U.S. ports-of-entry as 

required by law. 

DATES: Effective Date: December 21, 

2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Sally White, Director, International 

Equivalence Staff, Office of 

International Affairs; (202) 720–6400. 

SUPPLEMENTARY INFORMATION: 

Background 

On May 10, 2005, FSIS published a 

proposal in the Federal Register (70 FR 

24485–24488) to add Chile to the list of 

countries eligible to export meat and 

meat products to the United States (9 

CFR 327(b)). As discussed in that 

proposed rulemaking, the government of 

Chile requested approval to export meat 

and meat products to the United States. 

In response to this request, FSIS 

conducted a thorough review of Chile’s 

meat slaughter and processing 

inspection system to determine whether 

it is equivalent to the U.S. meat 

inspection system. FSIS concluded that 

the requirements contained in Chile’s 

meat inspection laws and regulations 

are equivalent to those mandated by the 

FMIA and implementing regulations. 

FSIS then conducted an on-site review 

of Chile’s meat inspection system in 

operation. The FSIS review team 

concluded that Chile’s implementation 

of meat inspection standards and 

procedures is equivalent to that of the 

United States. 

The government of Chile will certify 

to FSIS establishments wishing to 

export products to the United States. 

FSIS will retain the right to verify that 

establishments certified by the Chilean 

government are meeting requirements 

70034 Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 

equivalent to those of FSIS. This will be 

done through annual on-site reviews of 

the establishments while they are in 

operation. 

Products from a country eligible to 

export meat and meat products must 

also comply with all other U.S. 

requirements, including those of the 

U.S. Customs Service and the 

restrictions under title 9, part 94 of the 

Animal and Plant Health Inspection 

Service (APHIS) regulations that relate 

to the importation of meat and meat 

products from foreign countries into the 

United States. APHIS is responsible for 

keeping foreign animal diseases out of 

the United States. APHIS restricts the 

importation of any fresh, frozen, and 

chilled meat, meat products, and edible 

products from countries in which 

certain animal diseases exist. Those 

products that APHIS has restricted from 

entering the United States are refused 

entry. FSIS works closely with APHIS in 

coordinating its import inspection 

system so as to allow into the United 

States only meat products that APHIS 

has found to pose no animal health risk. 

Comments 

FSIS received 11 comments on the 

proposed rule. All comments were 

positive, and no objections were raised. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This rule has been reviewed under 

Executive Order 12866. It has been 

determined to be not significant for 

purposes of E.O. 12866 and therefore 

has not been reviewed by the Office of 

Management and Budget (OMB). 

Listing Chile as eligible to export meat 

to the United States would add only a 

small portion to total U.S. meat imports. 

The additional product shipments are 

likely to have only a slight effect on the 

Agency’s assignment of import 

inspection resources at points of entry 

on the East and West coasts. It is 

unlikely, on the basis of current 

information, that any additional import 

inspection personnel would need to be 

hired. 

The impact of this rule on U.S. 

consumers is voluntary in that 

consumers will not be required to 

purchase meat products slaughtered and 

processed in Chile, although they may 

choose to do so. Expected benefits from 

this type of rule would accrue primarily 

to consumers in the form of competitive 

prices due to a larger market variety of 

meat products. The volume of trade 

stimulated by this rule, however, will 

likely be so small as to have little effect 

on supply and prices. Consumers, apart 

from any change in prices, would 

benefit from increased choices in the 

marketplace. 

The costs of this rule will accrue 

primarily to producers in the form of 

greater competition from Chile. Again, it 

must be noted that the volume of trade 

stimulated by this rule will be small, 

likely having little effect on supply and 

prices. Nonetheless, it is possible that 

U.S. firms that produce products that 

would compete with Chilean imports 

could face short-term difficulty. In the 

long run, however, such firms could 

adjust their product mix in order to 

compete effectively. 

Benefits would include increased 

trade with Chile and the availability to 

U.S. consumers of a greater quantity of 

meat of the kinds mentioned. Wholesale 

prices of all grades of these products 

have been moving upward during the 

last several years. Importing beef, pork, 

and lamb from Chile would not affect 

this trend or would do so only very 

slightly. Both nations would benefit 

from an expansion of trade in meat as 

part of a wide range of commodities. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. When this final rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Effect on Small Entities 

The Administrator, FSIS, has made a 

determination that this final rule will 

not have a significant impact on a 

substantial number of small entities, as 

defined by the Regulatory Flexibility 

Act (5 U.S.C. 601). This final rule will 

add Chile to the list of countries eligible 

to export meat and meat products to the 

United States. The volume of trade 

stimulated by this rule will be small and 

would have relatively little effect on 

supply and prices. Therefore, this final 

rule is not expected to have a significant 

impact on small entities that produce 

these types of products domestically. 

Paperwork Requirements 

No new paperwork requirements are 

associated with this final rule. Foreign 

countries wanting to export meat and 

meat products to the United States are 

required to provide information to FSIS 

certifying that their inspection systems 

provide standards equivalent to those of 

the United States, and that the legal 

authority for the systems and their 

implementing regulations are equivalent 

to those of the United States, before they 

may start exporting such product to the 

United States. FSIS collects this 

information one time only. FSIS gave 

Chile questionnaires asking for detailed 

information about the country’s 

inspection practices and procedures to 

assist the country in organizing its 

materials. This information collection 

was approved under OMB number 

0583–0094. The final rule contains no 

other paperwork requirements. 

Additional Public Notification 

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 final rule, 

FSIS will announce it on-line through 

the FSIS Web page located at http:// 

www.fsis.usda.gov/ 

regulations_&_policies/ 

2005_Final_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 

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 electronic 

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/ 

Federal Register / Vol. 70, No. 223 / Monday, November 21, 2005 / Rules and Regulations 70035 

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 327 

Imported Products. 

■ For the reasons set out in the 

preamble, FSIS is amending 9 CFR part 

327 as follows: 

PART 327—IMPORTED PRODUCTS 

■ 1. The authority citation for part 327 

continues to read as follows: 

Authority: 21 U.S.C. 601–695; 7 CFR 2.18, 

2.53. 

§ 327.2 [Amended] 

■ 2. Section 327.2 is amended by adding 

Chile in alphabetical order to the list of 

countries in paragraph (b). 

Done at Washington, DC, on: October, 11, 

2005. 

Barbara J. Masters, 

Administrator. 

[FR Doc. 05–22980 Filed 11–18–05; 8:45 am] 

BILLING CODE 3410–DM–P 

FARM CREDIT ADMINISTRATION 

12 CFR Part 627 

RIN 3052–AC26 

Title IV Conservators, Receivers, and 

Voluntary Liquidations; Receivership 

Repudiation Authorities; Effective Date 

AGENCY: Farm Credit Administration. 

ACTION: Notice of effective date. 

SUMMARY: The Farm Credit 

Administration (FCA) published a final 

rule under part 627 on September 22, 

2005 (70 FR 55513). This final rule gives 

certainty to Farm Credit System 

institutions regarding how the Farm 

Credit System Insurance Corporation 

will treat qualifying participations and 

securitizations if the institution is 

subsequently placed in conservatorship 

or receivership. In accordance with 12 

U.S.C. 2252, the effective date of the 

final rule is 30 days from the date of 

publication in the Federal Register 

during which either or both Houses of 

Congress are in session. Based on the 

records of the sessions of Congress, the 

effective date of the regulations is 

November 14, 2005. 

DATES: The regulation amending 12 CFR 

part 627, published on September 22, 

2005 (70 FR 55513) is effective 

November 14, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Robert E. Donnelly, Senior Accountant, 

Office of Policy and Analysis, Farm 

Credit Administration, McLean, VA 

22102–5090, (703) 883–4498, TTY (703) 

883–4434; or Rebecca S. Orlich, Senior 

Attorney, Office of General Counsel, 

Farm Credit Administration, McLean, 

VA 22102–5090, (703) 883–4020, TTY 

(703) 883–4020. 

(12 U.S.C. 2252(a)(9) and (10)) 

Dated: November 15, 2005. 

Jeanette C. Brinkley, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 05–23001 Filed 11–18–05; 8:45 am] 

BILLING CODE 6705–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2005–23005; Directorate 

Identifier 2003–NM–110–AD; Amendment 

39–14379; AD 2005–23–21] 

RIN 2120–AA64 

Airworthiness Directives; Airbus Model 

A340–200 and A340–300 Series 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is adopting a new 

airworthiness directive (AD) for all 

Airbus Model A340–200 and A340–300 

series airplanes. This AD requires 

repetitive inspections for cracking of the 

junction between the thrust reverser 

forward frame and the 12 o’clock and 6 

o’clock beams; the thrust reverser 

common fittings; and the thrust reverser 

J-ring structure at the 12 o’clock and 6 

o’clock positions; and related 

investigative and corrective actions. 

This AD results from fatigue and 

damage tolerance testing of the engine 

thrust reversers which revealed fatigue 

cracking of the junction between the 

thrust reverser forward frame and the 12 

o’clock beam, and of the thrust reverser 

J-ring structure. We are issuing this AD 

to detect and correct such fatigue 

cracking, which could result in rupture 

of the J-ring, forward frame, or common 

fittings; loss of the thrust reverser 

system; or inadvertent deployment of a 

thrust reverser in flight and consequent 

reduced controllability of the airplane. 

DATES: This AD becomes effective 

December 6, 2005. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in the AD 

as of December 6, 2005. 

We must receive comments on this 

AD by January 20, 2006. 

ADDRESSES: Use one of the following 

addresses to submit comments on this 

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 

and follow the instructions for sending 

your comments electronically. 

• Mail: Docket Management Facility; 

U.S. Department of Transportation, 400 

Seventh Street, SW., Nassif Building, 

room PL–401, Washington, DC 20590. 

• Fax: (202) 493–2251. 

• Hand Delivery: Room PL–401 on 

the plaza level of the Nassif Building, 

400 Seventh Street, SW., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Contact Airbus, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

or Rohr Inc., 850 Lagoon Drive, Chula 

Vista, California 91912; for service 

information identified in this AD. 

FOR FURTHER INFORMATION CONTACT: Tim 

Backman, Aerospace Engineer, 

International Branch, ANM–116, 

Transport Airplane Directorate, FAA, 

1601 Lind Avenue, SW., Renton, 

Washington 98055–4056; telephone 

(425) 227–2797; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The Direction Ge ́ne ́rale de l’Aviation 

Civile (DGAC), which is the 

airworthiness authority for France, 

notified us that an unsafe condition may 

exist on all Airbus Model A340–200 and 

A340–300 series airplanes. The DGAC 

advises that fatigue and damage 

tolerance testing of the engine thrust 

reversers revealed cracking of the 

junction between the thrust reverser 

forward frame and the 12 o’clock beam. 

The cracking of the junction was found 

after the accumulation of approximately 

20,000 total flight cycles. In addition to 

the fatigue cracking that was found 

during fatigue tests, fatigue cracking of 

the J-ring was also found on in-service 

airplanes that had accumulated fewer 

than 6,666 total flight cycles. These 

conditions, if not corrected, could result 

in rupture of the J-ring, forward frame, 

or common fittings; loss of the thrust 

reverser system; or inadvertent 

deployment of a thrust reverser in flight