Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71007 

■ e. In paragraphs (c)(1)(ix) introductory 

text, (c)(1)(ix)(A), and (c)(1)(ix)(B), by 

adding the words ‘‘or HPAI’’ after the 

words ‘‘Newcastle disease’’ each time 

they occur; 

■ f. In paragraph (c)(1)(ix)(C), in the first 

sentence, by adding the words ‘‘region 

free of HPAI, or from a’’ before the 

words ‘‘flock of origin’’; 

■ g. In paragraph (c)(2), by adding the 

words ‘‘and HPAI’’ after the words 

‘‘Newcastle disease’’; 

■ h. In paragraph (c)(3), by adding the 

words ‘‘and HPAI’’ after the words 

‘‘Newcastle disease’’ each time they 

occur, and by removing the words 

‘‘paragraph (f)’’ and adding the words 

‘‘paragraph (d)’’ in their place; and 

■ i. In paragraph (c)(4), by removing the 

words ‘‘paragraph (f)’’ and adding the 

words ‘‘paragraph (d)’’ in their place. 

The revision reads as follows: 

§ 94.6 Carcasses, meat, parts or products 

of carcasses, and eggs (other than hatching 

eggs) of poultry, game birds, or other birds; 

importations from regions where Newcastle 

disease or highly pathogenic avian 

influenza is considered to exist. 

(a) * * * 

(1) * * * 

(i) A list of such regions is maintained 

on the APHIS National Import Export 

Services Web site at http://

www.aphis.usda.gov/import_export/

animals/animal_disease_status.shtml. 

Copies of the list will also be available 

upon request to Regional Evaluation 

Services, National Import Export 

Services, Veterinary Services, Animal 

and Plant Health Inspection Service, 

4700 River Road Unit 38, Riverdale, 

Maryland 20737; fax: (301) 851–3300; 

email: AskNCIE.Products@

aphis.usda.gov. 

* * * * * 

PART 95—SANITARY CONTROL OF 

ANIMAL BYPRODUCTS (EXCEPT 

CASINGS), AND HAY AND STRAW, 

OFFERED FOR ENTRY INTO THE 

UNITED STATES 

■ 12. The authority citation for part 95 

continues to read as follows: 

Authority: 7 U.S.C. 8301–8317; 21 U.S.C. 

136 and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 

2.80, and 371.4. 

■ 13. Section 95.1 is amended by 

adding, in alphabetical order, the 

definition of highly pathogenic avian 

influenza (HPAI) to read as follows: 

§ 95.1 Definitions. 

* * * * * 

Highly pathogenic avian influenza 

(HPAI). Highly pathogenic avian 

influenza is defined as follows: 

(1) Any influenza virus that kills at 

least 75 percent of eight 4- to 6-weekold susceptible chickens within 10 days 

following intravenous inoculation with 

0.2 mL of a 1:10 dilution of a bacteriafree, infectious allantoic fluid or 

inoculation of 10 susceptible 4- to 8- 

week-old chickens resulting in an 

intravenous pathogenicity index (IVPI) 

of greater than 1.2; 

(2) Any H5 or H7 virus that does not 

meet the criteria in paragraph (1) of this 

definition, but has an amino acid 

sequence at the haemagglutinin cleavage 

site that is compatible with highly 

pathogenic avian influenza viruses; or 

(3) Any influenza virus that is not an 

H5 or H7 subtype and that kills one to 

five out of eight inoculated chickens 

and grows in cell culture in the absence 

of trypsin within 10 days. 

* * * * * 

§ 95.3 [Amended] 

■ 14. Section 95.3 is amended by adding 

the words ‘‘highly pathogenic avian 

influenza, Newcastle disease,’’ after the 

words ‘‘foot-and-mouth disease,’’. 

§ 95.16 [Amended] 

■ 15. Section 95.16 is amended as 

follows: 

■ a. In the introductory text, by 

removing the citation ‘‘§ 95.6’’ and 

adding the citation ‘‘§ 95.17’’ in its 

place; and 

■ b. In footnote 1, by removing the 

citation ‘‘§ 95.41’’ and adding the 

citation ‘‘§ 95.17’’ in its place. 

§ 95.17 [Amended] 

■ 16. In § 95.17, paragraph (c) is 

amended by adding the word ‘‘highly 

pathogenic avian influenza,’’ after the 

words ‘‘African swine fever,’’. 

§ 95.23 [Amended] 

■ 17. In § 95.23, paragraph (c) is 

amended by removing the word ‘‘and’’ 

after the words ‘‘foot-and-mouth 

disease,’’ and by adding the words 

‘‘highly pathogenic avian influenza, and 

Newcastle disease,’’ after the word 

‘‘rinderpest,’’. 

§ 95.41 [Removed] 

■ 18. Section 95.41 is removed. 

Done in Washington, DC, this 25th day of 

November 2014. 

Jere L. Dick, 

Associate Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2014–28244 Filed 11–28–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Parts 317 and 381 

[Docket No. FSIS–2014–0042] 

RIN 0583–AD05 

Uniform Compliance Date for Food 

Labeling Regulations 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Final rule. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is establishing 

January 1, 2018, as the uniform 

compliance date for new meat and 

poultry product labeling regulations that 

are issued between January 1, 2015, and 

December 31, 2016. FSIS periodically 

announces uniform compliance dates 

for new meat and poultry product 

labeling regulations to minimize the 

economic impact of label changes. 

DATES: This rule is effective December 1, 

2014. Comments on this final rule must 

be received on or before December 31, 

2014. 

ADDRESSES: FSIS invites interested 

persons to submit relevant comments on 

this final rule. Comments may be 

submitted by 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 CD–ROMs: Send to 

Docket Clerk, U.S. Department of 

Agriculture (USDA), FSIS, OPPD, 

Patriots Plaza 3, 1400 Independence 

Avenue SW., Mailstop 3782, Room 8– 

163A, Washington, DC 20250–3700. 

• Hand- or courier-delivered items: 

Send to Docket Clerk, U.S. Department 

of Agriculture (USDA), FSIS, OPPD, 

Patriots Plaza 3, 355 E Street SW., Room 

8–163A, Washington, DC 20250–3700. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2014–0042. 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 Patriots Plaza 

3, 355 E Street SW., Room 8–164, 

Washington, DC 20250–3700 between 

8:00 a.m. and 4:30 p.m., Monday 

through Friday. 


rljohnson on DSK3VPTVN1PROD with RULES
71008 Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 

FOR FURTHER INFORMATION CONTACT: 

Rosalyn Murphy-Jenkins, Director, 

Labeling and Program Delivery Division, 

Office of Policy and Program 

Development, Food Safety and 

Inspection Service, U.S. Department of 

Agriculture, Telephone: 301–504–0879. 

SUPPLEMENTARY INFORMATION: 

Background 

FSIS periodically issues regulations 

that require changes in the labeling of 

meat and poultry food products. Many 

meat and poultry establishments also 

produce non-meat and non-poultry food 

products that are subject to the 

jurisdiction of the Food and Drug 

Administration (FDA). FDA also 

periodically issues regulations that 

require changes in the labeling of 

products under its jurisdiction. 

On December 14, 2004, FSIS issued a 

final rule that established January 1, 

2008, as the uniform compliance date 

for new meat and poultry labeling 

regulations issued between January 1, 

2005, and December 31, 2006. The 2004 

final rule also provided that the Agency 

would set uniform compliance dates for 

new labeling regulations in 2-year 

increments and periodically issue final 

rules announcing those dates. 

Consistent with that final rule, the 

Agency has published four final rules 

establishing the uniform compliance 

dates of January 1, 2010, January 1, 

2012, January 1, 2014, and January 1, 

2016 (72 FR 9651, 73 FR 75564, 75 FR 

71344, and 77 FR 76824). 

The Final Rule 

This final rule establishes January 1, 

2018, as the uniform compliance date 

for new meat and poultry product 

labeling regulations that are issued 

between January 1, 2015 and December 

31, 2016, and is consistent with the 

previous final rules that established 

uniform compliance dates. In addition, 

FSIS’s approach for establishing 

uniform compliance dates for new food 

labeling regulations is consistent with 

FDA’s approach. FDA is also planning 

to publish a final rule establishing a 

new compliance date. 

Two-year increments enhance the 

industry’s ability to make orderly 

adjustments to new labeling 

requirements without unduly exposing 

consumers to outdated labels. With this 

approach, the meat and poultry industry 

is able to plan for use of label 

inventories and to develop new labeling 

materials that meet the requirements of 

all labeling regulations made within the 

two year period, thereby minimizing the 

economic impact of labeling changes. 

This compliance approach also serves 

consumer’s interests because the cost of 

multiple short-term label revisions that 

would otherwise occur would likely be 

passed on to consumers in the form of 

higher prices. 

FSIS encourages meat and poultry 

companies to comply with new labeling 

regulations as soon as it is feasible. If 

companies initiate voluntary label 

changes, they should consider 

incorporating any new requirements 

that have been published as final 

regulations. 

The new uniform compliance date 

will apply only to final FSIS regulations 

that require changes in the labeling of 

meat and poultry products and that are 

published after January 1, 2015, and 

before December 31, 2016. For each 

final rule that requires changes in 

labeling, FSIS will specifically identify 

January 1, 2018, as the compliance date. 

All meat and poultry food products that 

are subject to labeling regulations 

promulgated between January 1, 2015 

and December 31, 2016, will be required 

to comply with these regulations on 

products introduced into commerce on 

or after January 1, 2018. If any food 

labeling regulation involves special 

circumstances that justify a compliance 

date other than January 1, 2018, the 

Agency will determine an appropriate 

compliance date and will publish that 

compliance date in the rulemaking. 

In rulemaking that began with the 

May 4, 2004, proposed rule, FSIS 

provided notice and solicited comment 

on the concept of establishing uniform 

compliance dates for labeling 

requirements (69 FR 24539). In the 

March 5, 2007, final rule, FSIS noted 

that the Agency received only four 

comments in response to the proposal, 

all fully supportive of the policy to set 

uniform compliance dates. Therefore, in 

the March 5, 2007, final rule, FSIS 

determined that further rulemaking for 

the establishment of uniform 

compliance dates for labeling 

requirements is unnecessary (72 FR 

9651). The Agency did not receive 

comments on the 2007 final rule, and 

the comments FSIS received on the 

2012 final rule on the uniform 

compliance date were outside the scope 

of the rule (77 FR 76824). Consistent 

with its statement in 2007, FSIS finds at 

this time that further rulemaking on this 

matter is unnecessary. However, FSIS is 

providing an opportunity for comment 

on the uniform compliance date 

established in this final rule. 

Executive Order 12988 

This final rule has been reviewed 

under the Executive Order 12988, Civil 

Justice Reform. Under this final 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. 

Executive Orders 12866 and 13563 and 

the Regulatory Flexibility Act 

Executive Orders 12866 and 13563 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order (E.O.) 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This final 

rule has been reviewed under E.O. 

12866. The Office of Management and 

Budget (OMB) has determined that it is 

a not significant regulatory action under 

section 3(f) of E.O. 12866 and, therefore, 

it has not been reviewed by OMB. 

This rule does not have a significant 

economic impact on a substantial 

number of small entities; consequently, 

a regulatory flexibility analysis is not 

required (5 U.S.C. 601–612). 

Paperwork Requirements 

There are no paperwork or 

recordkeeping requirements associated 

with this policy under the Paperwork 

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

3520). 

E-Government Act Compliance 

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 

information technologies and providing 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

USDA Nondiscrimination Statement 

No agency, officer, or employee of the 

USDA shall, on the grounds of race, 

color, national origin, religion, sex, 

gender identity, sexual orientation, 

disability, age, marital status, family/

parental status, income derived from a 

public assistance program, or political 

beliefs, exclude from participation in, 

deny the benefits of, or subject to 

discrimination any person in the United 

States under any program or activity 

conducted by the USDA. 


rljohnson on DSK3VPTVN1PROD with RULES
Federal Register / Vol. 79, No. 230 / Monday, December 1, 2014 / Rules and Regulations 71009 

How To File a Complaint of 

Discrimination 

To file a complaint of discrimination, 

complete the USDA Program 

Discrimination Complaint Form, which 

may be accessed online at http://

www.ocio.usda.gov/sites/default/files/

docs/2012/Complain_combined_6_8_

12.pdf, or write a letter signed by you 

or your authorized representative. 

Send your completed complaint form 

or letter to USDA by mail, fax, or email: 

Mail 

U.S. Department of Agriculture, 

Director, Office of Adjudication, 1400 

Independence Avenue SW., 

Washington, DC 20250–9410 

Fax 

(202) 690–7442 

Email 

program.intake@usda.gov 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audiotape, etc.), 

should contact USDA’s TARGET Center 

at (202) 720–2600 (voice and TDD). 

Additional Public Notification 

FSIS will announce this rule online 

through the FSIS Web page located at 

http://www.fsis.usda.gov/regulations_&_

policies/Interim_&_Final_Rules/

index.asp. 

FSIS will also 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 constituents and 

stakeholders. The Update is 

communicated via Listserv, a free 

electronic mail subscription service for 

industry, trade groups, consumer 

interest groups, health professionals, 

and other individuals who have asked 

to be included. The Update is also 

available on the FSIS Web page. In 

addition, FSIS offers an electronic 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_&_

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. 

Done at Washington, DC on: November 25, 

2014 

Alfred V. Almanza, 

Acting Administrator. 

[FR Doc. 2014–28269 Filed 11–28–14; 8:45 am] 

BILLING CODE 3410–DM–P 

DEFENSE NUCLEAR FACILITIES 

SAFETY BOARD 

10 CFR Part 1708 

Procedures for Safety Investigations 

AGENCY: Defense Nuclear Facilities 

Safety Board. 

ACTION: Final rule. 

SUMMARY: The Defense Nuclear 

Facilities Safety Board (Board) is 

promulgating a final rule which 

establishes procedures for conducting 

preliminary and formal safety 

investigations of events or practices at 

Department of Energy (DOE) defense 

nuclear facilities that the Board 

determines have adversely affected, or 

may adversely affect, public health and 

safety. The Board’s experience in 

conducting formal safety investigations 

necessitates codifying the procedures 

set forth in this final rule. Among other 

benefits, these procedures will ensure a 

more efficient investigative process, 

protect confidential and privileged 

safety information, and promote 

uniformity of future safety 

investigations. The rule also promotes 

public awareness through greater 

transparency in the conduct of Board 

investigations. 

DATES: This rule is effective December 1, 

2014. 

FOR FURTHER INFORMATION CONTACT: John 

G. Batherson, Associate General 

Counsel, Defense Nuclear Facilities 

Safety Board, 625 Indiana Avenue NW., 

Suite 700, Washington, DC 20004, 

telephone (202) 694–7018, facsimile 

(202) 208–6518, email JohnB@dnfsb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 27, 2012, the Board published 

a proposed rule in the Federal Register 

(77 FR 44174). The Board initially 

provided a 30-day public comment 

period for the proposed rule, and then 

extended the comment period an 

additional 30 days to September 26, 

2012 (77 FR 51943). Subsequent to 

publication of the proposed rule and 

disposition of comments, but before the 

final rule was published, the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2013 amended the 

Board’s enabling legislation on January 

2, 2013. The NDAA amendments 

required the Board to further modify the 

proposed rule. On August 11, 2014, the 

Board published a second notice of 

proposed rule in the Federal Register 

(79 FR 46720). The second notice of 

proposed rule incorporated changes 

necessitated by those NDAA 

amendments. 

The Board is responsible for making 

recommendations to the Secretary of 

Energy and the President as the Board 

determines are necessary to ensure 

adequate protection of public health and 

safety at DOE defense nuclear facilities. 

The Board is vested with broad 

authority pursuant to 42 U.S.C. 

2286a(b)(2) to investigate events or 

practices which have adversely affected, 

or may adversely affect, public health 

and safety at DOE’s defense nuclear 

facilities. The Board is authorized to 

promulgate this final rule pursuant to its 

enabling legislation in the Atomic 

Energy Act of 1954, as amended, at 42 

U.S.C. 2286b(c), which states that the 

Board may prescribe regulations to carry 

out its responsibilities. The final rule 

establishes a new Part 1708 in the 

Board’s regulations, setting forth 

procedures governing the conduct of 

safety investigations. 

It is imperative that Board 

investigators be able to obtain 

information from witnesses necessary to 

form an understanding of the 

underlying causes that adversely affect, 

or may adversely affect, public health 

and safety at DOE defense nuclear 

facilities. Frank communications are 

critical if Board investigators are to be 

effective. The Board must also be 

viewed as uncompromising in 

maintaining non-disclosure of 

privileged safety information. The Board 

must be able to assure complete 

confidentiality in order to encourage 

future witnesses to come forward. 

The Board requires the discretion to 

offer individuals enforceable assurances 

of confidentiality in order to encourage 

their full and frank testimony. Without 

such authority, individuals may refrain 

from providing the Board with vital 

information affecting public health and 

safety, frustrating the efficient operation 

of the Board’s oversight mission. To 

encourage candor and facilitate the free 

flow of information, the Board adopted 

in the proposed rule procedures to 

protect confidential statements from 

disclosure to the maximum extent 

permitted under existing law. 

The Board received two formal 

comments on the July 27, 2012, (77 FR 

44174) proposed rule: An email 

comment from Mr. Richard L. Urie, 

dated September 4, 2012, and a letter 

from Mr. Eric Fygi, DOE Deputy General 


rljohnson on DSK3VPTVN1PROD with RULES