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

33374 

Vol. 74, No. 132 

Monday, July 13, 2009 

DEPARTMENT OF AGRICULTURE 

Food Safety and Inspection Service 

9 CFR Part 381 

[Docket No. FSIS–2007–0048] 

RIN 0583–AC83 

Classes of Poultry 

AGENCY: Food Safety and Inspection 

Service, USDA. 

ACTION: Supplemental notice of 

proposed rulemaking. 

SUMMARY: The Food Safety and 

Inspection Service (FSIS) is providing 

new information on, and re-proposing 

the definition and standard for, 

‘‘roaster’’ and ‘‘roasting chicken.’’ FSIS 

proposed this definition and standard in 

its September 29, 2003, proposed rule to 

amend the definitions and standards for 

the official U.S. classes of poultry. After 

the proposed rule was published, FSIS 

received from the U.S. Department of 

Agriculture’s (USDA’s) Agricultural 

Marketing Service (AMS) new 

information that would affect the 

definition and standard for ‘‘roaster’’ or 

‘‘roasting chicken.’’ FSIS has tentatively 

concluded that it should re-propose this 

definition and standard but no others in 

the proposed rule. 

DATES: Comments must be received on 

or before August 12, 2009. 

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 CDROMs, and hand- or courier-delivered 

items: Send to Docket Clerk, USDA, 

FSIS, Room 2–2127 George Washington 

Carver Center, 5601 Sunnyside Avenue, 

Beltsville, MD 20705. 

Instructions: All items submitted by 

mail or electronic mail must include the 

Agency name and docket number FSIS– 

2007–0048. 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: 

Director, FSIS Labeling and Program 

Delivery Division, Phone: (301) 504– 

0878, Fax: (301) 504–0872. 

SUPPLEMENTARY INFORMATION: 

Background 

The Poultry Products Inspection Act 

(PPIA) prohibits the distribution of 

poultry products that are adulterated or 

misbranded (21 U.S.C. 458). The PPIA 

also authorizes the Secretary of 

Agriculture to prescribe, among other 

things, definitions and standards of 

identity or composition for poultry 

products whenever the Secretary 

determines that such action is necessary 

for the protection of the public (21 

U.S.C. 457(b)). Poultry classes were 

established by USDA to aid in labeling 

poultry. The classes were based 

primarily on the age and sex of the bird. 

FSIS uses poultry class standards to 

ensure that poultry products are labeled 

in a truthful and non-misleading 

manner. 

Before publishing the 2003 proposal, 

FSIS reviewed the poultry class 

definitions with AMS’s Poultry 

Programs, and both agencies discussed 

the definitions and standards with 

members of the poultry industry and 

others knowledgeable about poultry 

genetics and breeding. After examining 

poultry production methods and 

reviewing the poultry classes defined in 

9 CFR 381.170, FSIS and AMS 

determined that several poultry class 

definitions and standards did not reflect 

poultry characteristics or industry 

practices. As a result, FSIS and AMS 

determined that the poultry class 

definitions needed to be revised to more 

accurately and clearly describe poultry 

being marketed and to ensure that the 

labels for poultry products are not false 

or misleading. 

FSIS proposed to lower the age 

definitions for six classes of poultry (68 

FR 55902), including reducing the age of 

‘‘roaster’’ or ‘‘roasting chicken’’ from 3 

to 5 months to less than 12 weeks (see 

9 CFR 381.170(a)(1)(iv)). FSIS also 

solicited comments regarding the merit 

of establishing ready-to-cook (RTC) 

carcass weights or maximums for 

poultry classes (including the ‘‘roaster’’ 

or ‘‘roasting chicken’’). FSIS did not 

propose to include a RTC carcass weight 

in the ‘‘roaster’’ or ‘‘roasting chicken’’ 

class definition. FSIS asked commenters 

to provide a factual basis for or against 

the establishment of weight 

requirements. 

After the comment period closed, 

AMS provided FSIS with data that 

suggest that FSIS should include a RTC 

carcass weight in the definition of 

‘‘roaster’’ and change the proposed 

weeks of age in that definition. AMS 

surveyed the segment of the industry 

that routinely produces ‘‘roasters’’ and 

obtained data on target weights from 8 

of the 13 ‘‘roaster’’ suppliers. Based on 

these data, AMS has recommended that 

a ‘‘roaster’’ be defined as a chicken from 

8 to 12 weeks of age and with a RTC 

carcass weight of 5 pounds or more. 

These AMS survey data are available for 

public inspection in the FSIS Docket 

Clerk’s Office, USDA, FSIS, Room 

2–2127 George Washington Carver 

Center, 5601 Sunnyside Avenue, 

Beltsville, MD 20705, between 8:30 a.m. 

and 4:30 p.m., Monday through Friday. 

Comments on Establishing Maximum 

Weights and the Age for the ‘‘Roaster’’ 

Class 

Several commenters from industry 

suggested a ‘‘roaster’’ be a chicken that 

is between the age of 60 days and 85 

days at the time of slaughter from a 

flock that has an average live weight of 

7.75 pounds or more. A commenter 

from industry suggested age definitions 

for a ‘‘roaster’’ should be between 9 and 

12 weeks of age at the time of 

processing. This commenter also 

recommended that ‘‘roasters’’ come 

from a flock with an average daily flock 

weight of 8 pounds, at minimum. Also, 

two commenters from industry were 

concerned that the proposed age 

definition of ‘‘less than 12 weeks’’ will 

allow large broilers to be classified as 

‘‘roasters’’. Another industry commenter 

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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Proposed Rules 33375 

recommended allowing the roaster class 

to include broilers, as long as the 

product meets weight requirements for 

roasters. One commenter opposed 

including RTC carcass weights in the 

definitions and standards. This 

commenter stated that including RTC 

carcass weights will lead to further 

abuse of chickens. 

On the basis of AMS data, FSIS has 

tentatively concluded that a ‘‘roaster’’ or 

‘‘roasting chicken’’ should be defined as 

a chicken from 8–12 weeks of age. Most 

of the comments supported use of this 

age range for roasters. By including the 

RTC carcass weight for this class of 

poultry, the standard and definition 

should effectively differentiate 

‘‘roasters’’ and ‘‘broilers’’. 

FSIS has tentatively concluded that a 

‘‘roaster’’ or ‘‘roasting chicken’’ should 

be defined as a chicken with an RTC 

carcass weight of 5 pounds or more, 

based on recent survey information from 

AMS. In addition, FSIS has tentatively 

concluded that RTC carcass weight, 

instead of average live weight, is 

necessary in the class standard and 

definition so that FSIS can verify the 

appropriate use of the term ‘‘roaster’’ or 

‘‘roasting chicken’’ on product labels. 

Executive Orders 12866 and 12988, 

Regulatory Flexibility Act, and 

Paperwork Requirements 

This proposed rule has been 

determined to be not significant and 

was reviewed by the Office of 

Management and Budget under 

Executive Order 12866. 

The changes FSIS is proposing to the 

definition of ‘‘roaster’’ or ‘‘roasting 

chicken’’ do not affect the Executive 

Order 12866 analysis (68 FR 55903) or 

the Regulatory Flexibility Analysis (68 

FR 55904). Similarly, the changes do not 

affect paperwork requirements (68 FR 

55904) or review of the rule under 

Executive Order 12988. 

Additional Public Notification 

Public awareness of all segments of 

rulemaking and policy development is 

important. Consequently, in an effort to 

ensure that minorities, women, and 

persons with disabilities are aware of 

this proposed rule, FSIS will announce 

it online through the FSIS Web page 

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

regulations_policies/ 

regulations_directives_notices/ 

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. 

Through the Listserv and Web page, 

FSIS is able to provide information to a 

much broader and more diverse 

audience. 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_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 381 

Food grades and standards, Poultry 

and poultry products. 

For the reasons set forth in the 

preamble, FSIS proposed to further 

amend 9 CFR Part 381, as previously 

proposed to be amended on September 

29, 2003 (68 FR 55902): 

PART 381—POULTRY PRODUCTS 

INSPECTION REGULATIONS 

1. The authority citation for part 381 

continues to read as follows: 

Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21 

U.S.C. 451–470; 7 CFR 2.18, 2.53. 

§ 381.170 Standards for kinds and classes, 

and for cuts of raw poultry. 

2. Section 381.170 would be amended 

by revising paragraph (a)(1)(iii) to read 

as follows: 

§ 381.170 Standards for kinds and classes, 

and for cuts of raw poultry. 

(a) * * * 

(1) * * * 

(iii) Roaster or roasting chicken. A 

‘‘roaster’’ or ‘‘roasting chicken’’ is a 

young chicken from 8 to 12 weeks of 

age, of either sex, with a ready-to-cook 

carcass weight of 5 pounds or more, that 

is tender-meated with soft, pliable, 

smooth-textured skin and breastbone 

cartilage that is somewhat less flexible 

than that of a broiler or fryer. 

* * * * * 

Done at Washington, DC, on July 7, 2009. 

Alfred V. Almanza, 

Administrator. 

[FR Doc. E9–16402 Filed 7–10–09; 8:45 am] 

BILLING CODE 3410–DM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. NM408; Notice No. 25–09–04– 

SC] 

Special Conditions: Alenia Model 

C–27J Airplane; Liquid Oxygen System 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of proposed special 

conditions. 

SUMMARY: This action proposes special 

conditions for the Alenia Model C–27J 

airplane. This airplane will have novel 

or unusual design features when 

compared to the state of technology 

described in the airworthiness standards 

for transport-category airplanes. These 

design features include a liquid-oxygen 

(LOX) system. The applicable 

airworthiness regulations do not contain 

adequate or appropriate safety standards 

for oxygen systems that use liquid 

oxygen. These proposed special 

conditions contain the additional safety 

standards that the Administrator 

considers necessary to establish a level 

of safety equivalent to that established 

by the existing airworthiness standards. 

DATES: We must receive your comments 

by August 12, 2009. 

ADDRESSES: You must mail two copies 

of your comments to: Federal Aviation 

Administration, Transport Airplane 

Directorate, Attn: Rules Docket (ANM– 

113), Docket No. NM408, 1601 Lind 

Avenue, SW., Renton, Washington, 

98057–3356. You may deliver two 

copies to the Transport Airplane 

Directorate at the above address. You 

must mark your comments: Docket No. 

NM408. You can inspect comments in 

the Rules Docket weekdays, except 

Federal holidays, between 7:30 a.m. and 

4 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Holly Thorson, FAA, International 

Branch, ANM–116, Transport Airplane 

Directorate, Aircraft Certification 

Service, 1601 Lind Avenue, SW., 

Renton, Washington 98057–3356; 

telephone (425) 227–1357, facsimile 

(425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

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