80_FR_50388 80 FR 50228 - Classes of Poultry

80 FR 50228 - Classes of Poultry

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

Federal Register Volume 80, Issue 160 (August 19, 2015)

Page Range50228-50230
FR Document2015-20433

The Food Safety and Inspection Service (FSIS) is proposing to amend the definition and standard of identity for the ``roaster'' or ``roasting chicken'' poultry class to better reflect the characteristics of ``roaster'' chickens in the market today. ``Roasters'' or ``roasting chickens'' are described in terms of the age and ready-to-cook (RTC) carcass weight of the bird. Genetic changes and management techniques have continued to reduce the grow-out period and increased the RTC weight for this poultry class. Therefore, FSIS is proposing to amend the ``roaster'' definition to remove the 8-week minimum age criterion and increase the RTC carcass weight from 5 pounds to 5.5 pounds. This action is being taken in response to a petition submitted by the National Chicken Council.

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Proposed Rules]
[Pages 50228-50230]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20433]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Part 381

[Docket No. FSIS-2015-0026]


Classes of Poultry

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Food Safety and Inspection Service (FSIS) is proposing to 
amend the definition and standard of identity for the ``roaster'' or 
``roasting chicken'' poultry class to better reflect the 
characteristics of ``roaster'' chickens in the market today. 
``Roasters'' or ``roasting chickens'' are described in terms of the age 
and ready-to-cook (RTC) carcass weight of the bird. Genetic changes and 
management techniques have continued to reduce the grow-out period and 
increased the RTC weight for this poultry class. Therefore, FSIS is 
proposing to amend the ``roaster'' definition to remove the 8-week 
minimum age criterion and increase the RTC carcass weight from 5 pounds 
to 5.5 pounds. This action is being taken in response to a petition 
submitted by the National Chicken Council.

DATES: Comments must be received on or before October 19, 2015.

ADDRESSES: FSIS invites interested persons to submit comments on this 
proposed rule. Comments may be submitted by one of the following 
methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow the online instructions for submitting comments. 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.
    Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. 
Department of Agriculture, Food Safety and Inspection Service, Patriots 
Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163A, 
Washington, DC 20250-3700.
    Hand- or courier-delivered submittals: Deliver to 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-2015-0026. 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 Patriot's Plaza 3, 355 E St. SW., Room 8-
136A, Washington, DC between 8:00 a.m. and 4:30 p.m., Monday through 
Friday.

FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director, FSIS 
Labeling and Program Delivery Division, Phone: (301) 504-0878, Fax: 
(202) 245-4795.

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.
    On November 3, 2011, FSIS published a final rule to amend the 
definitions and standards for the U.S. classes of poultry listed in 9 
CFR 381.170(a)(1)(76 FR 68058). The 2011 final rule lowered the age 
definitions for five classes of poultry and removed the word 
``usually'' from the age designation descriptions, so that the age 
designations are clear and enforceable (76 FR 68058, 68062). In 
addition to lowering the age definition for the ``roaster'' class, the 
final rule also defined a ``roaster'' based on a ready-to-cook (RTC) 
carcass weight.
    A ``roaster'' or ``roasting chicken'' (hereafter referred to as 
``roasters'') is defined in 9 CFR 381.170(1)(a)(iii) as ``a young 
chicken (between 8 and 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.'' This 
definition was informed by data collected by the USDA Agricultural 
Marketing Service (AMS) from the segment of the industry that routinely 
produces ``roasters,'' comments received in response to a September 3, 
2003, proposed rule to amend the poultry classes (68 FR 55902), and 
comments received in response to a 2009 supplemental proposed rule in 
which the Agency re-proposed to amend the ``roaster'' standard to 
establish an age range from 8 to 12 weeks and to provide for a RTC 
carcass weight (74 FR 3337, July 13, 2009). The 2011 final rule became 
effective on January 1, 2014, the uniform compliance date for FSIS 
labeling regulations issued between January 1 2011 and December 31, 
2012 (75 FR 71344, November 23, 2010).

NCC Petition

    On November 18, 2013--before the January 1, 2014, effective date 
for the final rule--the National Chicken Council (NCC) submitted a 
petition requesting that FSIS amend the definition and standard of 
identity for the ``roaster'' chicken class to remove the 8-week minimum 
age requirement and to increase the RTC carcass weight to 5.5 pounds. 
The petition is available on the FSIS Web site at http://www.fsis.usda.gov/wps/wcm/connect/adf54579-7a18-4ab2-a9b5-88f1eef65332/Petition-National-Chicken-Council.pdf?MOD=AJPERES.
    The petition specifically asked FSIS to amend 9 CFR 
381.170(a)(1)(iii) to define a ``roaster'' as a young chicken (less 
than 12 weeks of age) of either sex, with an RTC carcass weight of 5.5 
pounds or more, that is tender-meated with soft, pliable, smooth-
textured skin and breastbone cartilage that may be somewhat less 
flexible than that of a ``broiler'' or ``fryer.'' The petition also 
requested that FSIS, as necessary, exercise enforcement discretion or 
stay the effective date of the ``roaster'' definition scheduled to go 
into effect on January 1, 2014.
    According to the petition, the ``roaster'' standard established in 
the 2011 final rule would detract from the orderly and efficient 
marketing of classes of poultry because companies would be unable to 
label and market chickens with the RTC weight and other physical 
attributes of a ``roaster'' as ``roasters'' because of the minimum age 
requirement. The NCC asserted that improvements in breeding and poultry 
management techniques that have continued since FSIS published the 
November 2011 final rule have enabled producers to raise chickens with 
the characteristics of roasters in under 8 weeks.
    NCC submitted additional data in support of its petition on 
December 16,

[[Page 50229]]

2013 (available on the FSIS Web site at: http://www.fsis.usda.gov/wps/portal/fsis/topics/regulations/petitions). FSIS, in consultation with 
USDA's AMS conducted a preliminary review of the petition and 
supporting data. From this preliminary review, FSIS and AMS found that 
data show that producers are raising chickens with a RTC carcass weight 
of 5 pounds or more with the other physical characteristics of a 
``roaster'' in less than 8 weeks. The data also show that in 2012, the 
average commercially processed chicken reached a slaughter weight of 
5.95 pounds in 47 days. This amount of time is less than the 8-week 
minimum age for a ``roaster,'' although the bird's weight would exceed 
the 5 pound RTC minimum weight requirement. Thus, the age of these 
birds falls within the age range for ``broilers'' (i.e., under 10 
weeks), but these birds have the size and other physical attributes of 
``roasters.'' On the basis of these findings, FSIS and AMS agreed on 
the need to address this gap in the regulations.
    Therefore, in the December 27, 2013, edition of its Constituent 
Update newsletter, FSIS announced that it would allow chickens younger 
than 8 weeks of age to continue to be labeled and marketed as 
``roasters'' after the new poultry class standards go into effect if 
these birds meet all of the other characteristics of a ``roaster'' in 
the standard. That is, they would have to have a RTC carcass weight of 
5 pounds or more, be tender-meated, and have soft, pliable, smooth-
textured skin that is somewhat less flexible than that of a broiler or 
fryer.\1\ FSIS also stated that it intended to propose to revise the 
roaster definition or reaffirm the November 2011 definition (http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2013/ConstUpdate122713).
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    \1\ Before FSIS published the 2011 final rule, the former 
poultry class standards stated that roasters are ``usually 3 to 5 
months'' but did not prohibit birds younger than 8 weeks from being 
labeled and marketed as ``roasters.'').
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    In July 2014, FSIS, in consultation with AMS, completed its review 
of the NCC petition. AMS verified that the data that NCC submitted to 
support the petition are consistent with production data that AMS 
collected from the poultry industry. After reviewing the available 
information, FSIS and AMS concluded that the data show that chickens 
younger than 8 weeks are consistently reaching higher average dressed 
weights in shorter periods of time, and that there is a trend of 
increasing growth rate of commercially processed chickens between 2009 
and 2012, supporting the elimination of a minimum age for the 
``roaster'' class. FSIS, in consultation with AMS, also found that the 
data show that, in those regions of the country where ``roasters'' are 
marketed, customers value ``roasters'' more highly on a pound-per-pound 
basis than they do ``broilers,'' demonstrating the need to allow birds 
with the physical characteristics of ``roasters'' to be accurately 
labeled as ``roasters.''
    Therefore, on July 23, 2014, FSIS sent a letter to the NCC to 
inform the organization that FSIS had decided to grant its petition to 
amend the ``roaster'' poultry class (http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES).

The Proposed Rule

    FSIS is proposing to amend the poultry class standards to define a 
``roaster'' or ``roasting chicken'' as a young chicken (less than 12 
weeks of age) of either sex, with a ready-to-cook carcass weight of 5.5 
pounds or more, that is tender-meated with soft, pliable, smooth-
textured skin and breastbone cartilage that may be somewhat less 
flexible than that of a ``broiler'' or ``fryer.'' Removing the minimum 
age and increasing the RTC carcass weight for the ``roaster'' class, as 
requested in the petition, would allow birds younger than 8 weeks that 
have the physical characteristics of a ``roaster'' to continue to be 
labeled and marketed as ``roasters.''
    As noted above, FSIS is proposing to increase the RTC carcass 
weight for ``roasters'' from 5 to 5.5 pounds, as requested in the 
petition. However, FSIS is soliciting comments regarding the merit of 
increasing the minimum RTC carcass weight from 5 pounds to 5.5 pounds 
and the effect that such an increase may have on small poultry 
producers. To be of value, the comments must provide a factual basis 
for or against increasing the weight requirement for ``roasters.''

Executive Order 12866 and Executive Order 13563

    This proposed rule has been designated as a ``non-significant'' 
regulatory action under section 3(f) of Executive Order (E.O.) 12866. 
Accordingly, the rule has been not been reviewed by the Office of 
Management and Budget under E.O. 12866.

Economic Impact Analysis

    This rule will not have significant costs because FSIS currently 
allows birds younger than 8 weeks with the physical attributes of 
``roasters'' to be labeled as ``roasters.'' \2\ The proposed rule would 
codify present practices and would not impose new requirements on 
establishments. For consumers, it would ensure that the labels for 
chickens with the characteristics of ``roaster'' are truthful and not 
misleading, and, consequently, consumers will be able to make informed 
purchase decisions.
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    \2\ Food Safety and Inspection Service, Correspondence, July 23, 
2014. Available at: http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES. See Constituent Update, December 27, 2013, 
available at: http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2013/ConstUpdate122713.
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Regulatory Flexibility Act Assessment

    The FSIS Administrator has made a preliminary determination that 
this proposed rule would not have a significant economic impact on a 
substantial number of small entities in the United States, as defined 
by the Regulatory Flexibility Act (5 U.S.C. 601 et seq.).
    FSIS projects that this rule will not result in additional costs to 
the industry because FSIS currently allows birds younger than 8 weeks 
with the physical attributes of ``roasters'' to be labeled as 
``roasters.'' \3\
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    \3\ Food Safety and Inspection Service, Correspondence, July 23, 
2014. Accessed here: http://www.fsis.usda.gov/wps/wcm/connect/d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-FSIS-Response-72314.pdf?MOD=AJPERES.
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Paperwork Reduction Act

    FSIS has reviewed this rule under the Paperwork Reduction Act of 
1995 (44 U.S.C. 3501-3520) and has determined that the information 
collection related to labeling has been approved by OMB under OMB 
control number 0583-0092.
    FSIS does not anticipate many label changes due to the proposed 
change to the ``roaster'' definition because establishments that 
produce chickens that comply with the proposed ``roaster'' poultry 
class standard are already labeling these birds as ``roasters.''

E-Government Act

    FSIS and USDA are committed to achieving the purposes of the E-
Government 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.

Executive Order 12988, Civil Justice Reform

    This proposed rule has been reviewed under Executive Order 12988, 
Civil

[[Page 50230]]

Justice Reform. Under this 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 
administrative proceedings will be required before parties may file 
suit in court challenging this rule.

Executive Order 13175

    This proposed rule has been reviewed in accordance with the 
requirements of Executive Order 13175, Consultation and Coordination 
with Indian Tribal Governments. The review reveals that this proposed 
regulation will not have substantial and direct effects on Tribal 
governments and will not have significant Tribal implications.

USDA Non-Discrimination 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.

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

    Public awareness of all segments of rulemaking and policy 
development is important. Consequently, FSIS will announce this Federal 
Register publication on-line through the FSIS Web page located at: 
http://www.fsis.usda.gov/federal-register.
    FSIS also will make copies of this 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 available on the FSIS Web page. Through the 
Web page, FSIS is able to provide information to a much broader, more 
diverse audience. In addition, FSIS offers an email 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/subscribe. Options range from recalls to export 
information, 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 proposes to amend 9 
CFR part 381, as follows:

PART 381--POULTRY PRODUCTS INSPECTION REGULATIONS

0
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.

0
2. Section 381.170 is amended by revising paragraph (a)(1)(iii) to read 
as follows:


Sec.  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 (less than 12 weeks of age) of either sex, 
with a ready-to-cook carcass weight of 5.5 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 August 12, 2015.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2015-20433 Filed 8-18-15; 8:45 am]
 BILLING CODE P



                                                 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,


                                            VerDate Sep<11>2014   17:03 Aug 18, 2015   Jkt 235001   PO 00000   Frm 00004   Fmt 4702   Sfmt 4702   E:\FR\FM\19AUP1.SGM   19AUP1


                                                                      Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules                                                   50229

                                                 2013 (available on the FSIS Web site at:                processed chickens between 2009 and                   physical attributes of ‘‘roasters’’ to be
                                                 http://www.fsis.usda.gov/wps/portal/                    2012, supporting the elimination of a                 labeled as ‘‘roasters.’’ 2 The proposed
                                                 fsis/topics/regulations/petitions). FSIS,               minimum age for the ‘‘roaster’’ class.                rule would codify present practices and
                                                 in consultation with USDA’s AMS                         FSIS, in consultation with AMS, also                  would not impose new requirements on
                                                 conducted a preliminary review of the                   found that the data show that, in those               establishments. For consumers, it would
                                                 petition and supporting data. From this                 regions of the country where ‘‘roasters’’             ensure that the labels for chickens with
                                                 preliminary review, FSIS and AMS                        are marketed, customers value                         the characteristics of ‘‘roaster’’ are
                                                 found that data show that producers are                 ‘‘roasters’’ more highly on a pound-per-              truthful and not misleading, and,
                                                 raising chickens with a RTC carcass                     pound basis than they do ‘‘broilers,’’                consequently, consumers will be able to
                                                 weight of 5 pounds or more with the                     demonstrating the need to allow birds                 make informed purchase decisions.
                                                 other physical characteristics of a                     with the physical characteristics of                  Regulatory Flexibility Act Assessment
                                                 ‘‘roaster’’ in less than 8 weeks. The data              ‘‘roasters’’ to be accurately labeled as
                                                 also show that in 2012, the average                     ‘‘roasters.’’                                            The FSIS Administrator has made a
                                                 commercially processed chicken                             Therefore, on July 23, 2014, FSIS sent             preliminary determination that this
                                                 reached a slaughter weight of 5.95                      a letter to the NCC to inform the                     proposed rule would not have a
                                                 pounds in 47 days. This amount of time                  organization that FSIS had decided to                 significant economic impact on a
                                                 is less than the 8-week minimum age for                 grant its petition to amend the ‘‘roaster’’           substantial number of small entities in
                                                 a ‘‘roaster,’’ although the bird’s weight               poultry class (http://www.fsis.usda.gov/              the United States, as defined by the
                                                 would exceed the 5 pound RTC                            wps/wcm/connect/d6fba22b-271d-4204-                   Regulatory Flexibility Act (5 U.S.C. 601
                                                 minimum weight requirement. Thus,                       adc6-56ab45d7b587/NCC-FSIS-                           et seq.).
                                                 the age of these birds falls within the                 Response-72314.pdf?MOD=AJPERES).                         FSIS projects that this rule will not
                                                 age range for ‘‘broilers’’ (i.e., under 10                                                                    result in additional costs to the industry
                                                 weeks), but these birds have the size                   The Proposed Rule                                     because FSIS currently allows birds
                                                 and other physical attributes of                           FSIS is proposing to amend the                     younger than 8 weeks with the physical
                                                 ‘‘roasters.’’ On the basis of these                     poultry class standards to define a                   attributes of ‘‘roasters’’ to be labeled as
                                                 findings, FSIS and AMS agreed on the                    ‘‘roaster’’ or ‘‘roasting chicken’’ as a              ‘‘roasters.’’ 3
                                                 need to address this gap in the                         young chicken (less than 12 weeks of                  Paperwork Reduction Act
                                                 regulations.                                            age) of either sex, with a ready-to-cook
                                                    Therefore, in the December 27, 2013,                 carcass weight of 5.5 pounds or more,                   FSIS has reviewed this rule under the
                                                 edition of its Constituent Update                       that is tender-meated with soft, pliable,             Paperwork Reduction Act of 1995 (44
                                                 newsletter, FSIS announced that it                      smooth-textured skin and breastbone                   U.S.C. 3501–3520) and has determined
                                                 would allow chickens younger than 8                     cartilage that may be somewhat less                   that the information collection related to
                                                 weeks of age to continue to be labeled                  flexible than that of a ‘‘broiler’’ or                labeling has been approved by OMB
                                                 and marketed as ‘‘roasters’’ after the                  ‘‘fryer.’’ Removing the minimum age                   under OMB control number 0583–0092.
                                                 new poultry class standards go into                                                                             FSIS does not anticipate many label
                                                                                                         and increasing the RTC carcass weight
                                                 effect if these birds meet all of the other                                                                   changes due to the proposed change to
                                                                                                         for the ‘‘roaster’’ class, as requested in
                                                 characteristics of a ‘‘roaster’’ in the                                                                       the ‘‘roaster’’ definition because
                                                                                                         the petition, would allow birds younger
                                                 standard. That is, they would have to                                                                         establishments that produce chickens
                                                                                                         than 8 weeks that have the physical
                                                 have a RTC carcass weight of 5 pounds                                                                         that comply with the proposed ‘‘roaster’’
                                                                                                         characteristics of a ‘‘roaster’’ to continue
                                                 or more, be tender-meated, and have                                                                           poultry class standard are already
                                                                                                         to be labeled and marketed as
                                                 soft, pliable, smooth-textured skin that                                                                      labeling these birds as ‘‘roasters.’’
                                                                                                         ‘‘roasters.’’
                                                 is somewhat less flexible than that of a                   As noted above, FSIS is proposing to               E-Government Act
                                                 broiler or fryer.1 FSIS also stated that it             increase the RTC carcass weight for                     FSIS and USDA are committed to
                                                 intended to propose to revise the roaster               ‘‘roasters’’ from 5 to 5.5 pounds, as                 achieving the purposes of the E-
                                                 definition or reaffirm the November                     requested in the petition. However, FSIS              Government Act (44 U.S.C. 3601, et
                                                 2011 definition (http://                                is soliciting comments regarding the                  seq.) by, among other things, promoting
                                                 www.fsis.usda.gov/wps/portal/fsis/                      merit of increasing the minimum RTC                   the use of the Internet and other
                                                 newsroom/meetings/newsletters/                          carcass weight from 5 pounds to 5.5                   information technologies, and providing
                                                 constituent-updates/archive/2013/                       pounds and the effect that such an                    increased opportunities for citizen
                                                 ConstUpdate122713).                                     increase may have on small poultry
                                                    In July 2014, FSIS, in consultation                                                                        access to Government information and
                                                                                                         producers. To be of value, the comments               services, and for other purposes.
                                                 with AMS, completed its review of the                   must provide a factual basis for or
                                                 NCC petition. AMS verified that the                     against increasing the weight                         Executive Order 12988, Civil Justice
                                                 data that NCC submitted to support the                  requirement for ‘‘roasters.’’                         Reform
                                                 petition are consistent with production                                                                         This proposed rule has been reviewed
                                                 data that AMS collected from the                        Executive Order 12866 and Executive
                                                                                                         Order 13563                                           under Executive Order 12988, Civil
                                                 poultry industry. After reviewing the
                                                 available information, FSIS and AMS                       This proposed rule has been                            2 Food Safety and Inspection Service,
                                                 concluded that the data show that                       designated as a ‘‘non-significant’’                   Correspondence, July 23, 2014. Available at: http://
                                                 chickens younger than 8 weeks are                       regulatory action under section 3(f) of               www.fsis.usda.gov/wps/wcm/connect/d6fba22b-
                                                 consistently reaching higher average                    Executive Order (E.O.) 12866.                         271d-4204-adc6-56ab45d7b587/NCC-FSIS-
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                                                                                                                                                               Response-72314.pdf?MOD=AJPERES. See
                                                 dressed weights in shorter periods of                   Accordingly, the rule has been not been               Constituent Update, December 27, 2013, available
                                                 time, and that there is a trend of                      reviewed by the Office of Management                  at: http://www.fsis.usda.gov/wps/portal/fsis/
                                                 increasing growth rate of commercially                  and Budget under E.O. 12866.                          newsroom/meetings/newsletters/constituent-
                                                                                                                                                               updates/archive/2013/ConstUpdate122713.
                                                   1 Before FSIS published the 2011 final rule, the      Economic Impact Analysis                                 3 Food Safety and Inspection Service,

                                                 former poultry class standards stated that roasters                                                           Correspondence, July 23, 2014. Accessed here:
                                                 are ‘‘usually 3 to 5 months’’ but did not prohibit
                                                                                                           This rule will not have significant                 http://www.fsis.usda.gov/wps/wcm/connect/
                                                 birds younger than 8 weeks from being labeled and       costs because FSIS currently allows                   d6fba22b-271d-4204-adc6-56ab45d7b587/NCC-
                                                 marketed as ‘‘roasters.’’).                             birds younger than 8 weeks with the                   FSIS-Response-72314.pdf?MOD=AJPERES.



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                                                 50230               Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Proposed Rules

                                                 Justice Reform. Under this rule: (1) All                provide information regarding FSIS                    DEPARTMENT OF TRANSPORTATION
                                                 State and local laws and regulations that               policies, procedures, regulations,
                                                 are inconsistent with this rule will be                 Federal Register notices, FSIS public                 Federal Aviation Administration
                                                 preempted; (2) no retroactive effect will               meetings, and other types of information
                                                 be given to this rule; and (3) no                       that could affect or would be of interest             14 CFR Part 39
                                                 administrative proceedings will be                      to our constituents and stakeholders.                 [Docket No. FAA–2015–3141; Directorate
                                                 required before parties may file suit in                The Update is available on the FSIS                   Identifier 2014–NM–242–AD]
                                                 court challenging this rule.                            Web page. Through the Web page, FSIS                  RIN 2120–AA64
                                                 Executive Order 13175                                   is able to provide information to a much
                                                                                                         broader, more diverse audience. In                    Airworthiness Directives; The Boeing
                                                   This proposed rule has been reviewed
                                                                                                         addition, FSIS offers an email                        Company Airplanes
                                                 in accordance with the requirements of
                                                 Executive Order 13175, Consultation                     subscription service which provides
                                                                                                         automatic and customized access to                    AGENCY: Federal Aviation
                                                 and Coordination with Indian Tribal                                                                           Administration (FAA), DOT.
                                                 Governments. The review reveals that                    selected food safety news and
                                                                                                         information. This service is available at:            ACTION: Notice of proposed rulemaking
                                                 this proposed regulation will not have                                                                        (NPRM).
                                                 substantial and direct effects on Tribal                http://www.fsis.usda.gov/subscribe.
                                                 governments and will not have                           Options range from recalls to export                  SUMMARY:   We propose to adopt a new
                                                 significant Tribal implications.                        information, regulations, directives, and             airworthiness directive (AD) for all The
                                                                                                         notices. Customers can add or delete                  Boeing Company Model 757 airplanes.
                                                 USDA Non-Discrimination Statement                       subscriptions themselves, and have the                This proposed AD was prompted by a
                                                   No agency, officer, or employee of the                option to password protect their                      report of cracking in the fuselage frame
                                                 USDA shall, on the grounds of race,                     accounts.                                             at a certain location. This proposed AD
                                                 color, national origin, religion, sex,                                                                        would require inspections for cracking
                                                 gender identity, sexual orientation,                    List of Subjects in 9 CFR Part 381
                                                                                                                                                               in the fuselage frame, left and right
                                                 disability, age, marital status, family/                  Food grades and standards, Poultry                  sides, and repair if necessary. We are
                                                 parental status, income derived from a                                                                        proposing this AD to detect and correct
                                                                                                         and poultry products.
                                                 public assistance program, or political                                                                       fuselage frame fatigue cracking that
                                                 beliefs, exclude from participation in,                   For the reasons set forth in the                    could result in loss of structural
                                                 deny the benefits of, or subject to                     preamble, FSIS proposes to amend 9                    integrity and the inability to sustain
                                                 discrimination any person in the United                 CFR part 381, as follows:                             loading conditions.
                                                 States under any program or activity                                                                          DATES: We must receive comments on
                                                 conducted by the USDA.                                  PART 381—POULTRY PRODUCTS
                                                                                                                                                               this proposed AD by October 5, 2015.
                                                                                                         INSPECTION REGULATIONS
                                                 How To File a Complaint of                                                                                    ADDRESSES: You may send comments,
                                                 Discrimination                                                                                                using the procedures found in 14 CFR
                                                                                                         ■ 1. The authority citation for part 381
                                                    To file a complaint of discrimination,                                                                     11.43 and 11.45, by any of the following
                                                                                                         continues to read as follows:                         methods:
                                                 complete the USDA Program
                                                 Discrimination Complaint Form, which                      Authority: 7 U.S.C. 138f; 7 U.S.C. 450; 21             • Federal eRulemaking Portal: Go to
                                                 may be accessed online at http://                       U.S.C. 451–470; 7 CFR 2.18, 2.53.                     http://www.regulations.gov. Follow the
                                                 www.ocio.usda.gov/sites/default/files/                                                                        instructions for submitting comments.
                                                                                                         ■ 2. Section 381.170 is amended by                       • Fax: 202–493–2251.
                                                 docs/2012/Complain_combined_6_8_                        revising paragraph (a)(1)(iii) to read as
                                                 12.pdf, or write a letter signed by you                                                                          • Mail: U.S. Department of
                                                                                                         follows:                                              Transportation, Docket Operations, M–
                                                 or your authorized representative.
                                                    Send your completed complaint form                                                                         30, West Building Ground Floor, Room
                                                                                                         § 381.170 Standards for kinds and classes,
                                                 or letter to USDA by mail, fax, or email:               and for cuts of raw poultry.
                                                                                                                                                               W12–140, 1200 New Jersey Avenue SE.,
                                                    Mail: U.S. Department of Agriculture,                                                                      Washington, DC 20590.
                                                 Director, Office of Adjudication, 1400                     (a) * * *                                             • Hand Delivery: Deliver to Mail
                                                 Independence Avenue SW.,                                   (1) * * *                                          address above between 9 a.m. and 5
                                                 Washington, DC 20250–9410, Fax: (202)                                                                         p.m., Monday through Friday, except
                                                                                                            (iii) Roaster or roasting chicken. A               Federal holidays.
                                                 690–7442, Email: program.intake@                        ‘‘roaster’’ or ‘‘roasting chicken’’ is a
                                                 usda.gov.                                                                                                        For service information identified in
                                                                                                         young chicken (less than 12 weeks of                  this proposed AD, contact Boeing
                                                    Persons with disabilities who require
                                                                                                         age) of either sex, with a ready-to-cook              Commercial Airplanes, Attention: Data
                                                 alternative means for communication
                                                 (Braille, large print, audiotape, etc.),                carcass weight of 5.5 pounds or more,                 & Services Management, P. O. Box 3707,
                                                 should contact USDA’s TARGET Center                     that is tender-meated with soft, pliable,             MC 2H–65, Seattle, WA 98124–2207;
                                                 at (202) 720–2600 (voice and TDD).                      smooth-textured skin and breastbone                   telephone 206–544–5000, extension 1;
                                                                                                         cartilage that is somewhat less flexible              fax 206–766–5680; Internet https://
                                                 Additional Public Notification                          than that of a broiler or fryer.                      www.myboeingfleet.com. You may view
                                                   Public awareness of all segments of                   *       *    *      *     *                           this referenced service information at
                                                 rulemaking and policy development is                                                                          the FAA, Transport Airplane
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                                                                                                           Done at Washington, DC, on August 12,
                                                 important. Consequently, FSIS will                                                                            Directorate, 1601 Lind Avenue SW.,
                                                                                                         2015.
                                                 announce this Federal Register                                                                                Renton, WA. For information on the
                                                 publication on-line through the FSIS                    Alfred V. Almanza,                                    availability of this material at the FAA,
                                                 Web page located at: http://                            Acting Administrator.                                 call 425–227–1221. It is also available
                                                 www.fsis.usda.gov/federal-register.                     [FR Doc. 2015–20433 Filed 8–18–15; 8:45 am]           on the Internet at http://
                                                   FSIS also will make copies of this                    BILLING CODE P                                        www.regulations.gov by searching for
                                                 publication available through the FSIS                                                                        and locating Docket No. FAA–2015–
                                                 Constituent Update, which is used to                                                                          3141.


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Document Created: 2015-12-15 11:59:18
Document Modified: 2015-12-15 11:59:18
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionNotice of proposed rulemaking.
DatesComments must be received on or before October 19, 2015.
ContactRosalyn Murphy-Jenkins, Director, FSIS Labeling and Program Delivery Division, Phone: (301) 504-0878, Fax: (202) 245-4795.
FR Citation80 FR 50228 
CFR AssociatedFood Grades and Standards and Poultry and Poultry Products

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