80 FR 50225 - Paper and Paper-Based Packaging Promotion, Research and Information Order; Late Payment and Interest Charges on Past Due Assessments
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service Federal Register Volume 80, Issue 160 (August 19, 2015)
Agricultural Marketing Service
Federal Register Volume 80, Issue 160 (August 19, 2015)
| Page Range | 50225-50228 | |
| FR Document | 2015-20437 |
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)] [Proposed Rules] [Pages 50225-50228] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-20437] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ 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. ======================================================================== Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules [[Page 50225]] DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1222 [Document Number AMS-FV-14-0082] Paper and Paper-Based Packaging Promotion, Research and Information Order; Late Payment and Interest Charges on Past Due Assessments AGENCY: Agricultural Marketing Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposal invites comments on prescribing late payment and interest charges on past due assessments under the Paper and Paper- Based Packaging Promotion, Research and Information Order (Order). The Order is administered by the Paper and Packaging Board (Board) with oversight by the U.S. Department of Agriculture (USDA). Under the Order, assessments are collected from manufacturers and importers and used for projects to promote paper and paper-based packaging. This proposal would implement authority contained in the Order that allows the Board to collect late payment and interest charges on past due assessments. Two additional changes are proposed to reflect current practices and update the Order and regulations. This action would contribute to effective administration of the program and was unanimously recommended by the Board. DATES: Comments must be received by October 19, 2015. ADDRESSES: Interested persons are invited to submit written comments concerning this proposal. Comments may be submitted on the Internet at: http://www.regulations.gov or to the Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; facsimile: (202) 205-2800. All comments should reference the document number and the date and page number of this issue of the Federal Register and will be made available for public inspection, including name and address, if provided, in the above office during regular business hours. Comments may also be viewed at http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Marlene Betts, Marketing Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (202) 720-9915; or electronic mail: [email protected]. SUPPLEMENTARY INFORMATION: This proposal is issued under the Order (7 CFR part 1222). The Order is authorized under the Commodity Promotion, Research and Information Act of 1996 (1996 Act) (7 U.S.C. 7411-7425). Executive Order 12866 and Executive Order 13563 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 13563 emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules and promoting flexibility. This action has been designated as a ``non-significant regulatory action'' under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget has waived the review process. Executive Order 13175 This action has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on Tribal governments and would not have significant Tribal implications. Executive Order 12988 This proposal has been reviewed under Executive Order 12988, Civil Justice Reform. It is not intended to have retroactive effect. Section 524 of the 1996 Act (7 U.S.C. 7423) provides that it shall not affect or preempt any other Federal or State law authorizing promotion or research relating to an agricultural commodity. Under section 519 of the 1996 Act (7 U.S.C. 7418), a person subject to an order may file a written petition with USDA stating that an order, any provision of an order, or any obligation imposed in connection with an order, is not established in accordance with the law, and request a modification of an order or an exemption from an order. Any petition filed challenging an order, any provision of an order, or any obligation imposed in connection with an order, shall be filed within two years after the effective date of an order, provision, or obligation subject to challenge in the petition. The petitioner will have the opportunity for a hearing on the petition. Thereafter, the USDA will issue a ruling on the petition. The 1996 Act provides that the district court of the United States for any district in which the petitioner resides or conducts business shall have the jurisdiction to review a final ruling on the petition, if the petitioner files a complaint for that purpose not later than 20 days after the date of the entry of USDA's final ruling. Background This proposal invites comments on prescribing late payment and interest charges on past due assessments under the Order. The Order is administered by the Board with oversight by USDA. Under the Order, assessments are collected from manufacturers and importers and used for projects to promote paper and paper-based packaging. This proposal would implement authority contained in the Order and the 1996 Act that allows the Board to collect late payment and interest charges on past due assessments. This action was unanimously recommended by the Board and would contribute to effective administration of the program. Section 1222.52(a) of the Order specifies that the Board's programs and expenses shall be paid by assessments on manufacturers and importers and other income or funds available to the Board. Paragraph (g) of that section specifies further that when a manufacturer or importer fails to pay the assessment within 60 calendar days of the date it is due, the Board may [[Page 50226]] impose a late payment charge and interest. The late payment charge and rate of interest must be prescribed in regulations issued by the Secretary. All late assessments would be subject to the specified late payment charge and interest. The Order became effective on January 23, 2014. Assessment collection began on March 1, 2014. Manufacturers and importers must pay their assessments owed to the Board by the 30th calendar day of the month following the end of the quarter in which the paper and paper- based packaging was manufactured or imported. For example, assessments for paper manufactured or imported during the months of January, February and March are due to the Board by April 30. Entities that domestically manufacture or import to the United States less than 100,000 short tons of paper and paper-based packaging in a year are exempt from paying assessments. If an entity is both a manufacturer and an importer, the entity's combined quantity of paper and paper-based packaging manufactured and imported during a marketing year counts toward the 100,000 short ton exemption. Assessment funds are used for promotion activities that are intended to benefit all industry members. Thus, it is important that all assessed entities pay their assessments in a timely manner. Entities who fail to pay their assessments on time would be able to reap the benefits of Board programs at the expense of others. In addition, they would be able to utilize funds for their own use that should otherwise be paid to the Board to finance Board programs. Board Recommendation At a meeting held September 25, 2014, the Board unanimously recommended implementing the Order authority regarding late payment and interest charges. Specifically, the Board recommended that a late payment charge be imposed on any manufacturer or importer who fails to make timely remittance to the Board of the total assessments for which such manufacturer or importer is liable. The late payment charge would be imposed on any assessments not received within 60 calendar days of the date they are due. This one-time late payment charge would be equal to 10 percent of the assessments due before interest charges have accrued. The Board also recommended that an interest rate of 1\1/2\ percent per month be added to the outstanding balance, including any late payment charge and accrued interest, of any accounts for which payment has not been received within 60 calendar days after the assessments are due. Interest would continue to accrue monthly until the outstanding balance is paid to the Board. This action is expected to help facilitate program administration by providing an incentive for entities to remit their assessments in a timely manner, with the intent of creating a fair and equitable process among all assessed entities. Accordingly, a new Subpart C would be added to the Order for provisions implementing the paper and paper- based packaging Order, and a new Sec. 1222.520 would be added to Subpart C. This proposal would also make two additional changes to the Order. This proposed rule would revise the term Board as defined in Sec. 1222.2 from the Paper and Paper-Based Packaging Board to the Paper and Packaging Board. This change would simplify the term and bring the Order in line with current industry use. Conforming changes would also be made to Sec. 1222.40(a) and the heading immediately prior to this section where the term is also referenced. In addition, in Sec. 1222.108, the OMB control number would be changed from 0581-NEW to 0581-0281, the control number assigned by the OMB. Initial Regulatory Flexibility Act Analysis In accordance with the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), AMS is required to examine the impact of the proposed rule on small entities. Accordingly, AMS has considered the economic impact of this action on such entities. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions so that small businesses will not be disproportionately burdened. The Small Business Administration defines, in 13 CFR part 121, small agricultural producers as those having annual receipts of no more than $750,000 and small agricultural service firms (manufacturers and importers) as those having annual receipts of no more than $7.0 million. According to the Board, there are 69 manufacturers in the United States that produce the types of paper and paper-based packaging covered under the Order. Using an average price of $806 per short ton,\1\ a manufacturer who produces less than about 8,680 short tons of paper and paper-based packaging per year would be considered a small entity. It is estimated that no more than four manufacturers produced less than 8,680 short tons per year. Thus, the majority of manufacturers would not be considered small businesses. --------------------------------------------------------------------------- \1\ Industry sources do not publish information on average price for paper and paper-based packaging. A reasonable estimate for average price of paper and paper-based packaging is the value per ton of paper and paper-based packaging exports. According to U.S. Census data, the average value of paper and paper-based packaging exports in 2014 was approximately $806 per short ton. --------------------------------------------------------------------------- Based on U.S. Customs and Border Protection (Customs) data, it is estimated that in 2014 there were 2,800 importers of paper and paper- based packaging. Ninety importers, or about 3 percent, imported more than $7.0 million worth of paper and paper-based packaging. Thus, the majority of importers would be considered small entities. However, all of the 20 entities that imported 100,000 short tons or more (the Order's exemption threshold) also imported more than $7.0 million worth of paper and paper-based packaging. Therefore, none of the 20 importers covered under the Order would be considered small businesses. Based on domestic production of approximately 66.1 million short tons in 2014 and an average price of $806 per short ton, the domestic paper and paper-based packaging industry is valued at approximately $53.3 billion. According to Customs data, the value of paper and paper- based packaging imports in 2014 was about $5.9 billion. This proposal invites comments on prescribing late payment and interest charges on past due assessments under the Order. The Order is administered by the Board with oversight by USDA. Under the Order, assessments are collected from manufacturers and importers and used for projects to promote paper and paper-based packaging. This rule would add a new Sec. 1222.520 that would specify a late payment charge of 10 percent of the assessments due and interest at a rate of 1\1/2\ percent per month on the outstanding balance, including any late payment charge and accrued interest. This section would be included in a new Subpart C--Provisions for Implementing the Paper and Paper-Based Packaging Promotion, Research and Information Order. This action was unanimously recommended by the Board and is authorized under Sec. 1222.52(g) of the Order and section 517(e) of the 1996 Act. In addition, two additional changes are proposed to reflect current practices and update the Order and regulations. These changes are: (1) Revising the name of the Board [[Page 50227]] from the Paper and Paper-Based Packaging Board to the Paper and Packaging Board; and (2) the OMB control number would be changed from 0581-NEW to 0581-0281, the control number assigned by the OMB. Regarding the economic impact of this proposed rule on affected entities, this action would impose no costs on manufacturers and importers who pay their assessments on time. It would merely provide an incentive for entities to remit their assessments in a timely manner. For all entities who are delinquent in paying assessments, both large and small, the charges would be applied the same. As for the impact on the industry as a whole, this action would help facilitate program administration by providing an incentive for entities to remit their assessments in a timely manner, with the intent of creating a fair and equitable process among all assessed entities. Additionally, as previously mentioned, the Order provides for an exemption for entities that domestically manufacture or import less than 100,000 short tons annually. It is estimated that 24 out of the 69 domestic manufacturers, or 35 percent, produce less than 100,000 short tons per year and are thus exempt from paying assessments under the Order. Of the 2,800 importers of paper and paper packaging, it is estimated that 2,780, or 99 percent, import less than 100,000 short tons per year and are also exempt from paying assessments. Thus, about 45 domestic manufacturers and 20 importers pay assessments under the Order. The alternative to this proposed action would be to maintain the status quo and not impose late payment and interest charges on past due assessments. However, the Board determined that implementing these charges would help facilitate program administration by encouraging entities to pay their assessments in a timely manner. The Board reviewed the late payment and interest charges applied by other research and promotion programs and concluded that a 10 percent late payment charge and interest at a rate of 1\1/2\ percent per month on the outstanding balance would be appropriate. In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the information collection and recordkeeping requirements that are imposed by the Order have been approved previously under OMB control number 0581-0281. This proposed rule would not result in a change to the information collection and recordkeeping requirements previously approved and would impose no additional reporting and recordkeeping burden on manufacturers and importers of paper and paper- based packaging. As with all Federal promotion programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule. AMS is committed to complying with the E-Government Act to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. Regarding outreach efforts, the Board met on September 25, 2014, and unanimously made its recommendation. The Board's meetings, including meetings held via teleconference, are open to the public and interested persons are invited to participate and express their views. We have performed this initial RFA regarding the impact of this proposed action on small entities and we invite comments concerning potential effects of this action on small businesses. While this proposed rule set forth below has not received the approval of USDA, it has been determined that it is consistent with and would effectuate the purposes of the 1996 Act. A 60-day comment period is provided to allow interested persons to respond to this proposal. All written comments received in response to this proposed rule by the date specified will be considered prior to finalizing this action. List of Subjects in 7 CFR Part 1222 Administrative practice and procedure, Advertising, Consumer information, Marketing agreements, Paper and paper-based packaging promotion, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, 7 CFR part 1222 is proposed to be amended as follows: PART 1222--PAPER AND PAPER-BASED PACKAGING PROMOTION, RESEARCH AND INFORMATION ORDER 0 1. The authority citation for 7 CFR part 1222 continues to read as follows: Authority: 7 U.S.C. 7411-7425; 7 U.S.C. 7401. 0 2. Section 1222.2 is revised to read as follows: Sec. 1222.2 Board. Board means the Paper and Packaging Board established pursuant to Sec. 1222.40, or such other name as recommended by the Board and approved by the Department. 0 3. Revise the undesignated center heading preceding Sec. 1222.40 to read as follows: PAPER AND PACKAGING BOARD 0 4. Amend Sec. 1222.40 by revising the first sentence of paragraph (a) to read as follows: Sec. 1222.40 Establishment and membership. (a) Establishment of the Board. There is hereby established a Paper and Packaging Board to administer the terms and provisions of this Order. * * * * * * * * 0 5. Section 1222.108 is revised to read as follows: Sec. 1222.108 OMB control number. The control number assigned to the information collection requirement in this subpart by the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995, 44 U.S.C. is OMB control number 0581-0281. 0 7. Add subpart C, consisting of Sec. 1222.520, to read as follows: Subpart C--Provisions Implementing the Paper and Paper-Based Packaging Promotion, Research and Information Order Sec. 1222.520 Late payment and interest charges for past due assessments. Sec. 1222.520 Late payment and interest charges for past due assessments. (a) A late payment charge shall be imposed on any manufacturer or importer who fails to make timely remittance to the Board of the total assessments for which such manufacturer or importer is liable. The late payment shall be imposed on any assessments not received within 60 calendar days of the date they are due. This one-time late payment charge shall be 10 percent of the assessments due before interest charges have accrued. (b) In addition to the late payment charge, 1\1/2\ percent per month interest on the outstanding balance, including any late payment and accrued interest, will be added to any accounts for which payment has not been received by the Board within 60 calendar days after the assessments are due. Such interest will continue to accrue monthly until the outstanding balance is paid to the Board. [[Page 50228]] Dated: August 13, 2015. Rex A. Barnes, Associate Administrator. [FR Doc. 2015-20437 Filed 8-18-15; 8:45 am] BILLING CODE 3410-02-P
![50225
Proposed Rules Federal Register
Vol. 80, No. 160
Wednesday, August 19, 2015
This section of the FEDERAL REGISTER date and page number of this issue of the 1996 Act (7 U.S.C. 7423) provides
contains notices to the public of the proposed the Federal Register and will be made that it shall not affect or preempt any
issuance of rules and regulations. The available for public inspection, other Federal or State law authorizing
purpose of these notices is to give interested including name and address, if promotion or research relating to an
persons an opportunity to participate in the provided, in the above office during agricultural commodity.
rule making prior to the adoption of the final
rules.
regular business hours. Comments may Under section 519 of the 1996 Act (7
also be viewed at http:// U.S.C. 7418), a person subject to an
www.regulations.gov. order may file a written petition with
DEPARTMENT OF AGRICULTURE FOR FURTHER INFORMATION CONTACT: USDA stating that an order, any
Marlene Betts, Marketing Specialist, provision of an order, or any obligation
Agricultural Marketing Service Promotion and Economics Division, imposed in connection with an order, is
Fruit and Vegetable Program, AMS, not established in accordance with the
7 CFR Part 1222 USDA, 1400 Independence Avenue law, and request a modification of an
[Document Number AMS–FV–14–0082] SW., Room 1406–S, Stop 0244, order or an exemption from an order.
Washington, DC 20250–0244; telephone: Any petition filed challenging an order,
Paper and Paper-Based Packaging (202) 720–9915; or electronic mail: any provision of an order, or any
Promotion, Research and Information Marlene.Betts@ams.usda.gov. obligation imposed in connection with
Order; Late Payment and Interest SUPPLEMENTARY INFORMATION: This
an order, shall be filed within two years
Charges on Past Due Assessments proposal is issued under the Order (7 after the effective date of an order,
CFR part 1222). The Order is authorized provision, or obligation subject to
AGENCY: Agricultural Marketing Service, challenge in the petition. The petitioner
USDA. under the Commodity Promotion,
Research and Information Act of 1996 will have the opportunity for a hearing
ACTION: Proposed rule. on the petition. Thereafter, the USDA
(1996 Act) (7 U.S.C. 7411–7425).
will issue a ruling on the petition. The
SUMMARY: This proposal invites Executive Order 12866 and Executive 1996 Act provides that the district court
comments on prescribing late payment Order 13563 of the United States for any district in
and interest charges on past due which the petitioner resides or conducts
assessments under the Paper and Paper- Executive Orders 12866 and 13563
direct agencies to assess all costs and business shall have the jurisdiction to
Based Packaging Promotion, Research review a final ruling on the petition, if
and Information Order (Order). The benefits of available regulatory
alternatives and, if regulation is the petitioner files a complaint for that
Order is administered by the Paper and purpose not later than 20 days after the
Packaging Board (Board) with oversight necessary, to select regulatory
approaches that maximize net benefits date of the entry of USDA’s final ruling.
by the U.S. Department of Agriculture
(USDA). Under the Order, assessments (including potential economic, Background
are collected from manufacturers and environmental, public health and safety
effects, distributive impacts and equity). This proposal invites comments on
importers and used for projects to prescribing late payment and interest
promote paper and paper-based Executive Order 13563 emphasizes the
importance of quantifying both costs charges on past due assessments under
packaging. This proposal would the Order. The Order is administered by
implement authority contained in the and benefits, reducing costs,
harmonizing rules and promoting the Board with oversight by USDA.
Order that allows the Board to collect Under the Order, assessments are
late payment and interest charges on flexibility. This action has been
designated as a ‘‘non-significant collected from manufacturers and
past due assessments. Two additional importers and used for projects to
changes are proposed to reflect current regulatory action’’ under section 3(f) of
Executive Order 12866. Accordingly, promote paper and paper-based
practices and update the Order and packaging. This proposal would
regulations. This action would the Office of Management and Budget
has waived the review process. implement authority contained in the
contribute to effective administration of Order and the 1996 Act that allows the
the program and was unanimously Executive Order 13175 Board to collect late payment and
recommended by the Board. interest charges on past due
This action has been reviewed in
DATES: Comments must be received by accordance with the requirements of assessments. This action was
October 19, 2015. Executive Order 13175, Consultation unanimously recommended by the
ADDRESSES: Interested persons are and Coordination with Indian Tribal Board and would contribute to effective
invited to submit written comments Governments. The review reveals that administration of the program.
concerning this proposal. Comments this regulation would not have Section 1222.52(a) of the Order
may be submitted on the Internet at: substantial and direct effects on Tribal specifies that the Board’s programs and
rmajette on DSK2VPTVN1PROD with PROPOSALS
http://www.regulations.gov or to the governments and would not have expenses shall be paid by assessments
Promotion and Economics Division, significant Tribal implications. on manufacturers and importers and
Fruit and Vegetable Program, AMS, other income or funds available to the
USDA, 1400 Independence Avenue Executive Order 12988 Board. Paragraph (g) of that section
SW., Room 1406–S, Stop 0244, This proposal has been reviewed specifies further that when a
Washington, DC 20250–0244; facsimile: under Executive Order 12988, Civil manufacturer or importer fails to pay
(202) 205–2800. All comments should Justice Reform. It is not intended to the assessment within 60 calendar days
reference the document number and the have retroactive effect. Section 524 of of the date it is due, the Board may
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![50228 Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules
Dated: August 13, 2015. Agency name and docket number FSIS– produces ‘‘roasters,’’ comments received
Rex A. Barnes, 2015–0026. Comments received in in response to a September 3, 2003,
Associate Administrator. response to this docket will be made proposed rule to amend the poultry
[FR Doc. 2015–20437 Filed 8–18–15; 8:45 am] available for public inspection and classes (68 FR 55902), and comments
BILLING CODE 3410–02–P posted without change, including any received in response to a 2009
personal information, to http:// supplemental proposed rule in which
www.regulations.gov. the Agency re-proposed to amend the
DEPARTMENT OF AGRICULTURE Docket: For access to background ‘‘roaster’’ standard to establish an age
documents or comments received, go to range from 8 to 12 weeks and to provide
Food Safety and Inspection Service the FSIS Docket Room at Patriot’s Plaza for a RTC carcass weight (74 FR 3337,
3, 355 E St. SW., Room 8–136A, July 13, 2009). The 2011 final rule
9 CFR Part 381 Washington, DC between 8:00 a.m. and became effective on January 1, 2014, the
[Docket No. FSIS–2015–0026] 4:30 p.m., Monday through Friday. uniform compliance date for FSIS
FOR FURTHER INFORMATION CONTACT: labeling regulations issued between
Classes of Poultry Rosalyn Murphy-Jenkins, Director, FSIS January 1 2011 and December 31, 2012
Labeling and Program Delivery Division, (75 FR 71344, November 23, 2010).
AGENCY: Food Safety and Inspection
Service, USDA. Phone: (301) 504–0878, Fax: (202) 245– NCC Petition
4795.
ACTION: Notice of proposed rulemaking.
SUPPLEMENTARY INFORMATION: On November 18, 2013—before the
SUMMARY: The Food Safety and January 1, 2014, effective date for the
Inspection Service (FSIS) is proposing Background final rule—the National Chicken
to amend the definition and standard of The Poultry Products Inspection Act Council (NCC) submitted a petition
identity for the ‘‘roaster’’ or ‘‘roasting (PPIA) prohibits the distribution of requesting that FSIS amend the
chicken’’ poultry class to better reflect poultry products that are adulterated or definition and standard of identity for
the characteristics of ‘‘roaster’’ chickens misbranded (21 U.S.C. 458). The PPIA the ‘‘roaster’’ chicken class to remove
in the market today. ‘‘Roasters’’ or also authorizes the Secretary of the 8-week minimum age requirement
‘‘roasting chickens’’ are described in Agriculture to prescribe, among other and to increase the RTC carcass weight
terms of the age and ready-to-cook things, definitions and standards of to 5.5 pounds. The petition is available
(RTC) carcass weight of the bird. identity or composition for poultry on the FSIS Web site at http://
Genetic changes and management products whenever the Secretary www.fsis.usda.gov/wps/wcm/connect/
techniques have continued to reduce the determines that such action is necessary adf54579-7a18-4ab2-a9b5-
grow-out period and increased the RTC for the protection of the public (21 88f1eef65332/Petition-National-
weight for this poultry class. Therefore, U.S.C. 457(b)). Poultry classes were Chicken-Council.pdf?MOD=AJPERES.
FSIS is proposing to amend the established by USDA to aid in labeling The petition specifically asked FSIS
‘‘roaster’’ definition to remove the 8- poultry. The classes were based to amend 9 CFR 381.170(a)(1)(iii) to
week minimum age criterion and primarily on the age and sex of the bird. define a ‘‘roaster’’ as a young chicken
increase the RTC carcass weight from 5 FSIS uses poultry class standards to (less than 12 weeks of age) of either sex,
pounds to 5.5 pounds. This action is ensure that poultry products are labeled with an RTC carcass weight of 5.5
being taken in response to a petition in a truthful and non-misleading pounds or more, that is tender-meated
submitted by the National Chicken manner. with soft, pliable, smooth-textured skin
Council. On November 3, 2011, FSIS published and breastbone cartilage that may be
DATES: Comments must be received on a final rule to amend the definitions and somewhat less flexible than that of a
or before October 19, 2015. standards for the U.S. classes of poultry ‘‘broiler’’ or ‘‘fryer.’’ The petition also
ADDRESSES: FSIS invites interested listed in 9 CFR 381.170(a)(1)(76 FR requested that FSIS, as necessary,
persons to submit comments on this 68058). The 2011 final rule lowered the exercise enforcement discretion or stay
proposed rule. Comments may be age definitions for five classes of poultry the effective date of the ‘‘roaster’’
submitted by one of the following and removed the word ‘‘usually’’ from definition scheduled to go into effect on
methods: the age designation descriptions, so that January 1, 2014.
Federal eRulemaking Portal: Go to the age designations are clear and
enforceable (76 FR 68058, 68062). In According to the petition, the
http://www.regulations.gov. Follow the ‘‘roaster’’ standard established in the
online instructions for submitting addition to lowering the age definition
for the ‘‘roaster’’ class, the final rule also 2011 final rule would detract from the
comments. This Web site provides the orderly and efficient marketing of
ability to type short comments directly defined a ‘‘roaster’’ based on a ready-to-
cook (RTC) carcass weight. classes of poultry because companies
into the comment field on this Web page would be unable to label and market
or attach a file for lengthier comments. A ‘‘roaster’’ or ‘‘roasting chicken’’
(hereafter referred to as ‘‘roasters’’) is chickens with the RTC weight and other
Mail, including CD–ROMs, etc.: Send
defined in 9 CFR 381.170(1)(a)(iii) as ‘‘a physical attributes of a ‘‘roaster’’ as
to Docket Clerk, U.S. Department of
young chicken (between 8 and 12 weeks ‘‘roasters’’ because of the minimum age
Agriculture, Food Safety and Inspection
of age), of either sex, with a ready-to- requirement. The NCC asserted that
Service, Patriots Plaza 3, 1400
cook carcass weight of 5 pounds or improvements in breeding and poultry
Independence Avenue SW., Mailstop
rmajette on DSK2VPTVN1PROD with PROPOSALS
more, that is tender-meated with soft, management techniques that have
3782, Room 8–163A, Washington, DC
pliable, smooth-textured skin and continued since FSIS published the
20250–3700.
Hand- or courier-delivered submittals: breastbone cartilage that is somewhat November 2011 final rule have enabled
Deliver to Patriots Plaza 3, 355 E Street less flexible than that of a broiler or producers to raise chickens with the
SW., Room 8–163A, Washington, DC fryer.’’ This definition was informed by characteristics of roasters in under 8
20250–3700. data collected by the USDA Agricultural weeks.
Instructions: All items submitted by Marketing Service (AMS) from the NCC submitted additional data in
mail or electronic mail must include the segment of the industry that routinely support of its petition on December 16,
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Document Created: 2015-12-15 11:59:01
Document Modified: 2015-12-15 11:59:01
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments must be received by October 19, 2015. | |
| Contact | Marlene Betts, Marketing Specialist, Promotion and Economics Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., Room 1406-S, Stop 0244, Washington, DC 20250-0244; telephone: (202) 720-9915; or electronic mail: [email protected] | |
| FR Citation | 80 FR 50225 | |
| CFR Associated | Administrative Practice and Procedure; Advertising; Consumer Information; Marketing Agreements; Paper and Paper-Based Packaging Promotion and Reporting and Recordkeeping Requirements |
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