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

28763 

Vol. 75, No. 99 

Monday, May 24, 2010 

1On January 12, 2004, FSIS amended 9 CFR 

310.13(a)(2)(iv)(D) to prohibit the use of compressed 

air injection into the skull of cattle in conjunction 

with a captive bolt stunner (69 FR 1891). 

2Packerland Co. is also known as JBS Packerland. 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 310 

[Docket No. FSIS–2007–0039] 

RIN 0583–AD33 

Permission To Use Air Inflation of Meat 

Carcasses and Parts 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Proposed Rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is proposing 

to revise the Federal meat inspection 

regulations to permit establishments 

that slaughter livestock or prepare 

livestock carcasses and parts to inflate 

carcasses and parts with air if they 

develop, implement, and maintain 

written controls to ensure that the 

procedure does not cause insanitary 

conditions or adulterate product. FSIS is 

proposing to require that establishments 

incorporate these controls into their 

Hazard Analysis and Critical Control 

Point (HACCP) plans or Sanitation 

standard operating procedures 

(Sanitation SOPs) or other prerequisite 

programs. 

In addition, FSIS is proposing to 

amend its regulations to remove the 

approved methods for inflating livestock 

carcasses and parts by air and to remove 

the requirement that establishments 

submit requests to FSIS for approval of 

air inflation procedures not listed in the 

regulations. 

DATES: Comments must be received on 

or before June 23, 2010. 

ADDRESSES: FSIS invites interested 

persons to submit comments on this 

proposed rule. Comments may be 

submitted by either of the following 

methods: 

• Federal eRulemaking Portal: This 

Web site provides the ability to type 

short comments directly into the 

comment field on this Web page or 

attach a file for lengthier comments. Go 

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

the online instructions at that site for 

submitting comments. 

• Mail, including floppy disks or CD– 

ROMs, and hand- or courier-delivered 

items: Send to Docket Clerk, USDA, 

FSIS, Room 2–2175 George Washington 

Carver Center, 5601 Sunnyside Avenue, 

Mailstop 5272, Beltsville, MD 20705. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2007–0039. Comments received in 

response to this docket will be made 

available for public inspection and 

posted without change, including any 

personal information, to http:// 

www.regulations.gov. 

Docket: For access to background 

documents or comments received, go to 

the FSIS Docket Room at the address 

listed above between 8:30 a.m. and 4:30 

p.m., Monday through Friday. 

FOR FURTHER INFORMATION CONTACT: 

Rachel Edelstein, Director, Policy 

Issuances Division, Office of Policy and 

Program Development, Food Safety and 

Inspection Service, U.S. Department of 

Agriculture, Washington, DC 20250; 

(202) 720–5627. 

SUPPLEMENTARY INFORMATION: FSIS has 

been delegated the authority to exercise 

the functions of the Secretary of 

Agriculture as specified in the Federal 

Meat Inspection Act (FMIA) (21 U.S.C. 

601, et seq.). Under this statute, FSIS 

protects the public by verifying that 

meat products are safe, wholesome, not 

adulterated, and properly labeled and 

packaged. 

On October 3, 1970, the Federal Meat 

Inspection regulations were revised to 

prohibit inflation with air of carcasses 

or parts of carcasses (35 FR 15568). On 

September 5, 1989, FSIS modified the 

prohibition in 9 CFR 310.13(a) by 

providing for the use of several air 

inflation procedures that had been field 

tested, and that the Agency found were 

acceptable. These methods involve 

inflating carcasses and parts of carcasses 

with compressed air during dressing 

operations to facilitate head skinning 

and the removal of hides and foot hair 

(54 FR 36755). 

Establishments interested in the use 

of air inflation procedures for other than 

the approved methods are required to 

submit to FSIS a request for 

experimental testing of any unapproved 

procedure (9 CFR 310.13(a)(2)). The 

regulations require that these requests 

state the purpose of the use of air, 

provide a detailed description of the 

procedure, and include evidence that 

the procedure can be performed in a 

sanitary manner. The regulations also 

provide that if FSIS finds a new method 

to be acceptable, it will modify its 

regulations to include the new method. 

In the 1989 final rule, FSIS stated that 

its original intent in disallowing the use 

of air inflation was to prevent insanitary 

conditions from arising and to prevent 

the adulteration of carcasses or parts of 

carcasses (54 FR 36755). However, the 

Agency recognized in that final rule that 

air inflation procedures could be used 

in a sanitary manner without 

adulterating product and consequently 

approved limited use of air inflation 

procedures. On July 20, 1990, FSIS 

amended 9 CFR 310.13(a)(2)(iv) to allow 

for the use of compressed air injected 

into the abdominal cavity of swine to 

facilitate the skinning operation and to 

minimize the loss of body fat (55 FR 

29564).1

Under 9 CFR 303.1(h), the 

Administrator may waive specific 

regulations for limited periods to permit 

experimentation so that new 

procedures, equipment, or processing 

techniques may be tested to facilitate 

definite improvements. Under a waiver 

that FSIS has granted, Packerland Co.2

is using air inflation methodology to 

separate the brisket and round portions 

from beef carcasses for more efficient 

fabrication. FSIS requested that 

Packerland collect aerobic bacteria plate 

counts (APC) and submit the data to 

FSIS as a means of determining whether 

the use of air inflation would cause 

insanitary conditions or adulterate 

product. APC data are meaningful 

measures of bacteria levels on carcasses. 

Packerland Co. has petitioned FSIS to 

amend its regulations to allow for this 

air inflation methodology and presented 

APC data in the petition. The data 

submitted in the petition show that 

there is no significant difference 

between treated (injected with air) and 

untreated carcasses with regards to APC. 

Hence, the data show that the use of 

Packerland’s air inflation procedure 

does not cause insanitary conditions or 

adulterate product. 

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28764 Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules 

3Performance Based Inspection System. 2009. 

4 Ibid. 

Based on the Agency’s accumulated 

experience with air inflation procedures 

and in response to Packerland’s 

petition, FSIS is proposing to amend 9 

CFR 310.13(a) to permit establishments 

that slaughter livestock or prepare 

livestock carcasses and parts to inflate 

carcasses or parts of carcasses with air 

if they develop, implement, and 

maintain controls to ensure that those 

procedures do not cause insanitary 

conditions or adulterate product. FSIS is 

proposing to require that establishments 

incorporate these controls into their 

HACCP plans or Sanitation SOPs or 

other prerequisite programs. In addition, 

FSIS is proposing to amend its 

regulations to remove the requirement 

that establishments submit requests to 

FSIS for approval of air inflation 

procedures not listed in the regulations. 

FSIS is also proposing to remove the 

approved methods for inflating meat 

carcasses and parts from the regulations. 

Establishments that are using an 

approved air inflation procedure could 

continue to do so, but they would be 

required to incorporate their air 

inflation procedures into their HACCP 

plans or Sanitation SOPs or other 

prerequisite programs. This proposal is 

consistent with the HACCP regulations. 

As part of their HACCP plans and 

hazard analysis, establishments are 

required to prepare a flow chart 

describing the steps of each process and 

product flow in the establishment (9 

CFR 417.2(a)(2)). If the establishment 

uses air inflation procedures, under this 

proposed rule, the flow chart would 

need to include those procedures. 

Under the HACCP regulations, 

establishments are also required to 

consider whether air inflation may make 

biological hazards, such as 

contamination with certain pathogens, 

reasonably likely to occur (9 CFR 

417.2(a)(1)). 

Also under the HACCP regulations, if 

the establishment determines that air 

inflation procedures do not introduce 

any hazards, it is to document the 

reasons for this determination in its 

decision-making documents that are 

associated with the hazard analysis (9 

CFR 417.5). Under these regulations, if 

establishments that use air inflation 

maintain controls outside of their 

HACCP plans to ensure that air inflation 

procedures do not cause insanitary 

conditions or adulterate product, they 

would be required to incorporate such 

controls in their Sanitation SOPs or 

another prerequisite program. 

If this proposed rule becomes final, 

FSIS will verify that establishments that 

choose to use air inflation procedures 

have implemented and maintain written 

controls that are adequate and effective 

to ensure that the procedures do not 

cause insanitary conditions or 

adulterate product. FSIS will verify the 

effectiveness of these controls by 

reviewing establishment records and 

directly observing the air inflation 

procedures. FSIS will verify that 

establishments using air inflation have 

incorporated their procedures for 

inflating meat carcasses and parts with 

air into their HACCP plan or Sanitation 

SOP or other prerequisite program. In 

addition, FSIS will assess whether 

establishments verify on an ongoing 

basis that their controls are effectively 

preventing insanitary conditions and 

adulteration during air inflation. 

This proposed rule would provide 

establishments with more production 

options and would encourage the 

development of new technology without 

diminishing food safety. 

Executive Order 12866 and the 

Regulatory Flexibility Act 

This action has been reviewed for 

compliance with Executive Order 

12866. The Office of Management and 

Budget has designated this proposed 

rule ‘‘non-significant’’ and therefore has 

not reviewed it. 

Meat Industry Overview 

Excluding slaughtering only and rawground meat processing only, there are 

about 2,818 federally inspected 

establishments, which under this 

proposed rule could adopt air inflation 

technology to process raw-not-ground 

meat.3 Furthermore, of the 2,818 

federally inspected establishments, 

approximately 1,541 are considered 

very small (with less than 10 

employees), 1,153 are considered small 

(with between 10 and 500 employees), 

and 124 are considered large (with more 

than 500 employees).4

Estimated Benefits 

Allowing for greater ease in 

introducing new air inflation technology 

and procedures would likely spur 

technological innovation that will 

provide these new technologies and 

procedures to additional meat 

establishments. Greater technological 

innovation more widely used by 

industry would likely result in 

increased net higher-value meat yields, 

which would lead to consumer savings. 

Because the rule is voluntary, it is 

difficult for the Agency to quantify 

benefits of the rule to the industry of the 

rule and to consumers. FSIS requests 

information about the likely net 

benefits, and the likely adoption rates of 

these types of air inflation procedures in 

meat operations. 

Estimated Costs 

Under this proposal, establishments 

would be required to incorporate their 

controls for air inflation procedures into 

their HACCP plan, Sanitation SOP or 

other prerequisite program. FSIS does 

not anticipate any new costs associated 

with this analysis because the HACCP 

regulations already require that 

establishments consider the steps of 

each process, including procedures such 

as air inflation, as part of their HACCP 

plan and hazard analysis. Since the use 

of air inflation procedures is voluntary, 

establishments would not incur any 

costs associated with the use of air 

inflation procedures unless they 

expected to realize net benefits from the 

use of the new technology. Therefore, 

this rule would result in negligible costs 

but would provide benefits. 

Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act (5 U.S.C. 601–612), the 

FSIS Administrator has examined the 

economic implications of the proposed 

rule and has determined that it would 

not have a significant impact on a 

substantial number of small entities. 

Under the proposed rule, no 

establishments are required to use air 

inflation procedures to inflate meat 

carcasses or parts, and establishments 

are only likely to do so if they would 

expect to realize profits by employing 

such methods. 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. Under this proposed 

rule: (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) no retroactive proceedings 

will be required before parties may file 

suit in court challenging this rule. 

Paperwork Requirements 

FSIS has reviewed this proposed rule 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501–3520) and has 

determined that the information 

collection related to HACCP plans, 

Sanitation SOPs, and prerequisite 

programs has been approved by OMB 

under OMB Control Number 0583–0103. 

E-Government Act 

FSIS and USDA are committed to 

achieving the purposes of the EGovernment Act (44 U.S.C. 3601, et 

seq.) by, among other things, promoting 

the use of the Internet and other 

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Federal Register / Vol. 75, No. 99 / Monday, May 24, 2010 / Proposed Rules 28765 

information technologies and providing 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

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 proposed 

rule, FSIS will announce it on-line 

through the FSIS Web page located at 

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

2010_Proposed_Rules_Index/index.asp. 

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, 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 e-mail 

subscription service which provides 

automatic and customized access to 

selected food safety news and 

information. This service is available at 

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

news_and_events/email_subscription/. 

Options range from recalls to export 

information to regulations, directives 

and notices. Customers can add or 

delete subscriptions themselves, and 

have the option to password protect 

their accounts. 

List of Subjects in 9 CFR Part 310 

Meat inspection. 

Accordingly, the Food Safety and 

Inspection Service proposes to amend 9 

CFR part 310 as follows: 

PART 310—POST-MORTEM 

INSPECTION 

1. The authority citation for part 310 

continues to read as follows: 

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

2.53. 

2. Amend § 310.13(a) to revise 

paragraph (a) to read as follows: 

§ 310.13 Inflating carcasses or parts 

thereof; transferring caul or other fat. 

(a) Establishments that slaughter 

livestock and prepare livestock 

carcasses and parts may inflate 

carcasses or parts of carcasses with air 

if they develop, implement, and 

maintain controls to ensure that the air 

inflation procedure does not cause 

insanitary conditions or adulterate 

product. Establishments must 

incorporate these controls into their 

HACCP plans or Sanitation SOPs or 

other prerequisite programs. 

* * * * * 

Done at Washington, DC, on May 14, 2010. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. 2010–12337 Filed 5–21–10; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0498; Airspace 

Docket No. 10–ASO–26] 

Amendment of Class E Airspace; Pine 

Mountain, GA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed rulemaking 

(NPRM). 

SUMMARY: This action proposes to 

amend Class E Airspace at Pine 

Mountain, GA, to accommodate the 

additional airspace needed for the 

Standard Instrument Approach 

Procedures (SIAPs) developed for Harris 

County Airport. This action enhances 

the safety and airspace management of 

Instrument Flight Rules (IFR) operations 

at the airport. 

DATES: Comments must be received on 

or before July 8, 2010. 

ADDRESSES: Send comments on this rule 

to: U.S. Department of Transportation, 

Docket Operations, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue, SE., Washington, 

DC 20590–0001; Telephone: 1–800– 

647–5527; Fax: 202–493–2251. You 

must identify the Docket Number FAA– 

2010–0498; Airspace Docket No. 10– 

ASO–26, at the beginning of your 

comments. You may also submit and 

review received comments through the 

Internet at http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Melinda Giddens, Operations Support 

Group, Eastern Service Center, Federal 

Aviation Administration, P.O. Box 

20636, Atlanta, Georgia 30320; 

telephone (404) 305–5610. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

Interested persons are invited to 

comment on this rule by submitting 

such written data, views, or arguments, 

as they may desire. Comments that 

provide the factual basis supporting the 

views and suggestions presented are 

particularly helpful in developing 

reasoned regulatory decisions on the 

proposal. Comments are specifically 

invited on the overall regulatory, 

aeronautical, economic, environmental, 

and energy-related aspects of the 

proposal. 

Communications should identify both 

docket numbers (FAA Docket No. FAA– 

2010–0498; Airspace Docket No. 10– 

ASO–26) and be submitted in triplicate 

to the Docket Management System (see 

ADDRESSES section for address and 

phone number). You may also submit 

comments through the Internet at http:// 

www.regulations.gov. 

Comments wishing the FAA to 

acknowledge receipt of their comments 

on this action must submit with those 

comments a self-addressed stamped 

postcard on which the following 

statement is made: ‘‘Comments to 

Docket No. FAA–2010–0498; Airspace 

Docket No. 10–ASO–26.’’ The postcard 

will be date/time stamped and returned 

to the commenter. 

All communications received before 

the specified closing date for comments 

will be considered before taking action 

on the proposed rule. The proposal 

contained in this notice may be changed 

in light of the comments received. A 

report summarizing each substantive 

public contact with FAA personnel 

concerned with this rulemaking will be 

filed in the docket. 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded from and 

comments submitted through http:// 

www.regulations.gov. Recently 

published rulemaking documents can 

also be accessed through the FAA’s Web 

page at http://www.faa.gov/ 

airports_airtraffic/air_traffic/ 

publications/airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received, and any final disposition in 

person in the Dockets Office (see the 

ADDRESSES section for address and 

phone number) between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal Holidays. An informal docket 

may also be examined during normal 

business hours at the office of the 

Eastern Service Center, Federal Aviation 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS