80_FR_50423 80 FR 50263 - Availability of Updated FSIS Food Standards and Labeling Policy Book

80 FR 50263 - Availability of Updated FSIS Food Standards and Labeling Policy Book

DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service

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

Page Range50263-50264
FR Document2015-20435

The Food Safety and Inspection Service (FSIS) is announcing the Agency's intent to revise the Food Standards and Labeling Policy Book. The Agency has stopped adding policy guidance to it; however, FSIS will continue to amend or remove items in the book, as necessary, to remain consistent with Agency policies and regulations. The revised Food Standards and Labeling Policy Book will provide updated information for establishments to use when creating new labels and when modifying existing labels for meat and poultry products.

Federal Register, Volume 80 Issue 160 (Wednesday, August 19, 2015)
[Federal Register Volume 80, Number 160 (Wednesday, August 19, 2015)]
[Notices]
[Pages 50263-50264]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20435]


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DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

[Docket No. FSIS-2015-0033]


Availability of Updated FSIS Food Standards and Labeling Policy 
Book

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Notice of availability and opportunity for comment.

-----------------------------------------------------------------------

SUMMARY: The Food Safety and Inspection Service (FSIS) is announcing 
the Agency's intent to revise the Food Standards and Labeling Policy 
Book. The Agency has stopped adding policy guidance to it; however, 
FSIS will continue to amend or remove items in the book, as necessary, 
to remain consistent with Agency policies and regulations. The revised 
Food Standards and Labeling Policy Book will provide updated 
information for establishments to use when creating new labels and when 
modifying existing labels for meat and poultry products.

DATES: Submit comments on or before October 19, 2015.

ADDRESSES: A downloadable version of the Food Standards and Labeling 
Policy Book is available for viewing and printing at http://www.fsis.usda.gov/wps/portal/fsis/topics/regulatory-compliance/labeling/Labeling-Policies. No hard copies have been published.
    FSIS invites interested persons to submit comments on this notice. 
Comments may be submitted by one of the following methods:
    Federal eRulemaking Portal: This Web site provides the ability to 
type short comments directly into the comment field on this Web page or 
attach a file for lengthier comments. Go to http://www.regulations.gov/
. Follow the on-line instructions at that site for submitting comments.
    Mail, including CD-ROMs: Send to Docket Clerk, U.S. Department of 
Agriculture, Food Safety and Inspection Service, Patriots Plaza 3, 1400 
Independence Avenue SW., Mailstop 3782, Room 8-163B, 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-2015-0033. 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 to comments received, 
go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 
164-A, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., 
Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Daniel L. Engeljohn, Ph.D., Assistant 
Administrator, Office of Policy and Program Development; Telephone: 
(202) 205-0495, or by Fax: (202) 720-2025.

SUPPLEMENTARY INFORMATION:

Background

    FSIS is responsible for ensuring that the Nation's commercial 
supply of meat and poultry is safe, wholesome, and properly labeled and 
packaged.
    On November 7, 2013, FSIS published the final rule ``Prior Label 
Approval Systems: Generic Label Approval.'' This final rule amended the 
meat and poultry products inspection regulations to expand the 
circumstances under which labels of meat and poultry products would be 
deemed to be generically approved by the Agency (78 FR 66826).
    Effective January 6, 2014, FSIS regulations (9 CFR 412.1(c)) 
require only four categories of labels to be submitted to the Labeling 
and Program Delivery Staff (LPDS) for approval. One category requiring 
the submission of labels is special statements and claims (9 CFR 
412.1(c)(3)), as described in 9 CFR 412.1(e). Under this paragraph, 
special statements and claims that are defined in FSIS's regulations or 
in its Food Standards and Labeling Policy Book, except for ``natural'' 
and negative claims, and that comply with those regulations and 
policies, are deemed to be approved by the Agency without being 
submitted for evaluation and approval.
    Comments that FSIS had received in response to the December 5, 
2011, proposal (76 FR 75809) that preceded the final rule asked the 
Agency to update its Food Standards and Labeling Policy Book. In 
response to these comments, FSIS decided to stop adding new policy 
guidance to the book but to continue to amend or remove items in the 
book, as necessary.
    FSIS has revised the ``Chicken Cordon Bleu'' entry in response to a 
petition submitted to the Agency and removed the entry for ``Ham, 
Smithfield'' to ensure consistency with the regulations on the use of 
geographic terminology on labeling (9 CFR 317.8(b)(1). FSIS announced 
these changes in its Constituent Update.\1\ This calendar year

[[Page 50264]]

FSIS will revise the ``Caddies'' entry in the Food Standards and 
Labeling Policy Book in response to a petition submitted to the Agency 
to reflect current industry practice. Also, this calendar year, FSIS 
will update the entry for ``Heart Meat'' to reflect the regulatory 
definition for meat in 9 CFR 301.2 and will modify the entry for 
``Quality Grade Terms and Subjective Terms on Labels'' to make it 
consistent with the Agricultural Marketing Service policy on such 
terms. FSIS will announce these changes and all other future revisions 
of the book in the FSIS Constituent Update, which is accessible on the 
Agency's Web site at: http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/constituent-updates-2015. The Agency will convey new labeling guidance by other means, such 
as compliance policy guides and will announce them through the 
Constituent Update or other appropriate means.
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    \1\ See http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2015/ConstUpdate040315; http://www.fsis.usda.gov/wps/portal/fsis/newsroom/meetings/newsletters/constituent-updates/archive/2015/ConstUpdate050115.
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USDA Nondiscrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds 
of race, color, national origin, religion, sex, gender identity, sexual 
orientation, disability, age, marital status, family/parental status, 
income derived from a public assistance program, or political beliefs, 
exclude from participation in, deny the benefits of, or subject to 
discrimination any person in the United States under any program or 
activity conducted by the USDA.
    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

    [email protected].
    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.

    Done at Washington, DC on: August 12, 2015.
Alfred V. Almanza,
Acting Administrator.
[FR Doc. 2015-20435 Filed 8-18-15; 8:45 am]
 BILLING CODE 3410-DM-P



                                                                         Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Notices                                                   50263

                                              reviewed the discussion draft.                          DEPARTMENT OF AGRICULTURE                               Docket: For access to background
                                              Responding members supported the                                                                              documents or to comments received, go
                                              proposed changes to the Product                         Food Safety and Inspection Service                    to the FSIS Docket Room at Patriots
                                              description, and the proposed change to                 [Docket No. FSIS–2015–0033]                           Plaza 3, 355 E Street SW., Room 164–
                                              separate the canned dried beans, canned                                                                       A, Washington, DC 20250–3700
                                              pork and beans, and the canned baked                    Availability of Updated FSIS Food                     between 8:00 a.m. and 4:30 p.m.,
                                              beans grade standards into the                          Standards and Labeling Policy Book                    Monday through Friday.
                                              documents.                                                                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                      AGENCY:  Food Safety and Inspection
                                                                                                                                                            Daniel L. Engeljohn, Ph.D., Assistant
                                                 Additionally, AMS submitted the                      Service, USDA.
                                                                                                                                                            Administrator, Office of Policy and
                                              discussion draft to the U.S. Food and                   ACTION: Notice of availability and                    Program Development; Telephone: (202)
                                              Drug Administration (FDA) for guidance                  opportunity for comment.                              205–0495, or by Fax: (202) 720–2025.
                                              on the proposed changes. The FDA
                                                                                                      SUMMARY:    The Food Safety and                       SUPPLEMENTARY INFORMATION:
                                              expressed concern over the removal of
                                              the term ‘‘baking’’ from the process                    Inspection Service (FSIS) is announcing               Background
                                                                                                      the Agency’s intent to revise the Food
                                              while continuing to use the term                                                                                 FSIS is responsible for ensuring that
                                                                                                      Standards and Labeling Policy Book.
                                              ‘‘baked’’ as part of the name of the food.                                                                    the Nation’s commercial supply of meat
                                                                                                      The Agency has stopped adding policy
                                              The FDA did not object to a name that                                                                         and poultry is safe, wholesome, and
                                                                                                      guidance to it; however, FSIS will
                                              appropriately describes the food as per                 continue to amend or remove items in                  properly labeled and packaged.
                                              the regulations in 21 CFR 101.3.                        the book, as necessary, to remain                        On November 7, 2013, FSIS published
                                                 AMS discussed further FDA’s                          consistent with Agency policies and                   the final rule ‘‘Prior Label Approval
                                              concerns with the petitioner. A second                  regulations. The revised Food Standards               Systems: Generic Label Approval.’’ This
                                              discussion draft was developed and                      and Labeling Policy Book will provide                 final rule amended the meat and poultry
                                              submitted to the FDA and received a                     updated information for establishments                products inspection regulations to
                                              positive response. The second                           to use when creating new labels and                   expand the circumstances under which
                                                                                                      when modifying existing labels for meat               labels of meat and poultry products
                                              discussion draft was then submitted to
                                                                                                      and poultry products.                                 would be deemed to be generically
                                              the aforementioned industry groups for
                                                                                                                                                            approved by the Agency (78 FR 66826).
                                              a second round of comments. Both                        DATES: Submit comments on or before
                                                                                                                                                               Effective January 6, 2014, FSIS
                                              groups responded positively to the                      October 19, 2015.                                     regulations (9 CFR 412.1(c)) require only
                                              changes.                                                ADDRESSES: A downloadable version of                  four categories of labels to be submitted
                                                 The proposed revised text for Section                the Food Standards and Labeling Policy                to the Labeling and Program Delivery
                                              52.6461 Product description reads as                    Book is available for viewing and                     Staff (LPDS) for approval. One category
                                              follows: ‘‘The product is prepared by                   printing at http://www.fsis.usda.gov/                 requiring the submission of labels is
                                              washing, soaking, and baking beans and                  wps/portal/fsis/topics/regulatory-                    special statements and claims (9 CFR
                                              sauce through the application of heat in                compliance/labeling/Labeling-Policies.                412.1(c)(3)), as described in 9 CFR
                                              a closed or open container for a period                 No hard copies have been published.                   412.1(e). Under this paragraph, special
                                                                                                         FSIS invites interested persons to                 statements and claims that are defined
                                              of time sufficient to provide texture,
                                                                                                      submit comments on this notice.                       in FSIS’s regulations or in its Food
                                              flavor, color, and consistency attributes
                                                                                                      Comments may be submitted by one of                   Standards and Labeling Policy Book,
                                              that are typical for this product.’’                    the following methods:                                except for ‘‘natural’’ and negative
                                              Agricultural Marketing Service                             Federal eRulemaking Portal: This Web               claims, and that comply with those
                                                                                                      site provides the ability to type short               regulations and policies, are deemed to
                                                AMS is soliciting comments on the                     comments directly into the comment                    be approved by the Agency without
                                              proposed revision of the U.S. Standards                 field on this Web page or attach a file               being submitted for evaluation and
                                              for Grades of Canned Baked Beans. In                    for lengthier comments. Go to http://                 approval.
                                              particular, AMS would welcome                           www.regulations.gov/. Follow the on-                     Comments that FSIS had received in
                                              comments and information regarding                      line instructions at that site for                    response to the December 5, 2011,
                                              the possible impact on processors and                   submitting comments.                                  proposal (76 FR 75809) that preceded
                                              growers. Further details are provided in                   Mail, including CD–ROMs: Send to                   the final rule asked the Agency to
                                              the petition and are available from Brian               Docket Clerk, U.S. Department of                      update its Food Standards and Labeling
                                              E. Griffin at the previously mentioned                  Agriculture, Food Safety and Inspection               Policy Book. In response to these
                                              address in the FOR FURTHER INFORMATION                  Service, Patriots Plaza 3, 1400                       comments, FSIS decided to stop adding
                                              CONTACT section or can be found on the                  Independence Avenue SW., Mailstop                     new policy guidance to the book but to
                                              Internet at http://www.regulations.gov.                 3782, Room 8–163B, Washington, DC                     continue to amend or remove items in
                                              This notice provides for a 60-day                       20250–3700.                                           the book, as necessary.
                                                                                                         Hand- or courier-delivered submittals:                FSIS has revised the ‘‘Chicken Cordon
                                              comment period for interested parties to
                                                                                                      Deliver to Patriots Plaza 3, 355 E Street             Bleu’’ entry in response to a petition
                                              comment on the proposed revision of
                                                                                                      SW., Room 8–163A, Washington, DC                      submitted to the Agency and removed
                                              the U.S. Standards for Grades of Canned                 20250–3700.
                                              Baked Beans.                                                                                                  the entry for ‘‘Ham, Smithfield’’ to
                                                                                                         Instructions: All items submitted by
                                                                                                                                                            ensure consistency with the regulations
                                                 Authority: 7 U.S.C. 1621–1627.                       mail or electronic mail must include the
                                                                                                                                                            on the use of geographic terminology on
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                                                                                                      Agency name and docket number FSIS–
                                                Dated: August 13, 2015.                                                                                     labeling (9 CFR 317.8(b)(1). FSIS
                                                                                                      2015–0033. Comments received in
                                              Rex A. Barnes,                                                                                                announced these changes in its
                                                                                                      response to this docket will be made
                                              Associate Administrator, Agricultural                                                                         Constituent Update.1 This calendar year
                                                                                                      available for public inspection and
                                              Marketing Service.                                      posted without change, including any                    1 See http://www.fsis.usda.gov/wps/portal/fsis/
                                              [FR Doc. 2015–20445 Filed 8–18–15; 8:45 am]             personal information, to http://                      newsroom/meetings/newsletters/constituent-
                                              BILLING CODE P                                          www.regulations.gov.                                                                             Continued




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                                              50264                      Federal Register / Vol. 80, No. 160 / Wednesday, August 19, 2015 / Notices

                                              FSIS will revise the ‘‘Caddies’’ entry in               should contact USDA’s TARGET Center                   2013, through December 31, 2013.1 The
                                              the Food Standards and Labeling Policy                  at (202) 720–2600 (voice and TDD).                    Department has determined that PAL
                                              Book in response to a petition submitted                                                                      had no entries of subject merchandise
                                                                                                      Additional Public Notification
                                              to the Agency to reflect current industry                                                                     during the POR.
                                              practice. Also, this calendar year, FSIS                   Public awareness of all segments of                DATES: Effective Date: August 19, 2015.
                                              will update the entry for ‘‘Heart Meat’’                rulemaking and policy development is                  FOR FURTHER INFORMATION CONTACT: Paul
                                              to reflect the regulatory definition for                important. Consequently, FSIS will                    Walker, AD/CVD Operations, Office V,
                                              meat in 9 CFR 301.2 and will modify the                 announce this Federal Register                        Enforcement and Compliance,
                                              entry for ‘‘Quality Grade Terms and                     publication on-line through the FSIS                  International Trade Administration,
                                              Subjective Terms on Labels’’ to make it                 Web page located at: http://www.fsis.                 Department of Commerce, 14th Street
                                              consistent with the Agricultural                        usda.gov/federal-register.                            and Constitution Avenue NW.,
                                              Marketing Service policy on such terms.                    FSIS also will make copies of this                 Washington, DC 20230; telephone: (202)
                                              FSIS will announce these changes and                    publication available through the FSIS                482–0413.
                                              all other future revisions of the book in               Constituent Update, which is used to
                                                                                                                                                            SUPPLEMENTARY INFORMATION:
                                              the FSIS Constituent Update, which is                   provide information regarding FSIS
                                              accessible on the Agency’s Web site at:                 policies, procedures, regulations,                    Scope of the Order
                                              http://www.fsis.usda.gov/wps/portal/                    Federal Register notices, FSIS public                    Imports covered by the order are
                                              fsis/newsroom/meetings/newsletters/                     meetings, and other types of information              shipments of potassium permanganate,
                                              constituent-updates/constituent-                        that could affect or would be of interest             an inorganic chemical produced in free-
                                              updates-2015. The Agency will convey                    to our constituents and stakeholders.                 flowing, technical, and pharmaceutical
                                              new labeling guidance by other means,                   The Update is available on the FSIS                   grades. Potassium permanganate is
                                              such as compliance policy guides and                    Web page. Through the Web page, FSIS                  currently classifiable under item
                                              will announce them through the                          is able to provide information to a much              2841.61.00 of the Harmonized Tariff
                                              Constituent Update or other appropriate                 broader, more diverse audience. In                    Schedule of the United States
                                              means.                                                  addition, FSIS offers an email                        (‘‘HTSUS’’). Although the HTSUS item
                                                                                                      subscription service which provides                   number is provided for convenience and
                                              USDA Nondiscrimination Statement
                                                                                                      automatic and customized access to                    customs purposes, the written
                                                No agency, officer, or employee of the                selected food safety news and                         description of the merchandise remains
                                              USDA shall, on the grounds of race,                     information. This service is available at:            dispositive.
                                              color, national origin, religion, sex,                  http://www.fsis.usda.gov/subscribe.
                                              gender identity, sexual orientation,                    Options range from recalls to export                  Background
                                              disability, age, marital status, family/                information, regulations, directives, and                On February 10, 2015, the Department
                                              parental status, income derived from a                  notices. Customers can add or delete                  published the Preliminary Results of
                                              public assistance program, or political                 subscriptions themselves, and have the                this administrative review.2 On March
                                              beliefs, exclude from participation in,                 option to password-protect their                      12, 2015, PAL submitted a case brief.3
                                              deny the benefits of, or subject to                     accounts.                                             On March 17, 2015, the petitioner,
                                              discrimination any person in the United                   Done at Washington, DC on: August 12,               Carus Corporation (‘‘Carus’’) submitted
                                              States under any program or activity                    2015.                                                 a rebuttal brief.4 On June 2, 2015, we
                                              conducted by the USDA.                                  Alfred V. Almanza,                                    extended the final results to August 10,
                                                To file a complaint of discrimination,                                                                      2015.5
                                                                                                      Acting Administrator.
                                              complete the USDA Program
                                                                                                      [FR Doc. 2015–20435 Filed 8–18–15; 8:45 am]           Final Determination of No Reviewable
                                              Discrimination Complaint Form, which
                                              may be accessed online at http://                       BILLING CODE 3410–DM–P                                Transactions
                                              www.ocio.usda.gov/sites/default/files/                                                                          As noted in the Preliminary Results,
                                              docs/2012/Complain_combined_6_8_                                                                              PAL made only one sale of subject
                                              12.pdf, or write a letter signed by you                                                                       merchandise on the last day of the POR,
                                                                                                      DEPARTMENT OF COMMERCE
                                              or your authorized representative.                                                                            which entered the United States five
                                                Send your completed complaint form                    International Trade Administration                    months after the end of the review
                                              or letter to USDA by mail, fax, or email:                                                                     period. On July 17, 2014, in response to
                                              Mail                                                    [A–570–001]                                           the Department’s Section C
                                                                                                                                                            Supplemental, PAL reported having no
                                                U.S. Department of Agriculture,                                                                             entries during the POR,6 which we
                                                                                                      Potassium Permanganate From the
                                              Director, Office of Adjudication, 1400
                                                                                                      People’s Republic of China: Final
                                              Independence Avenue SW.,                                                                                         1 See Antidumping Duty Order; Potassium
                                                                                                      Results of Antidumping Duty
                                              Washington, DC 20250–9410.                                                                                    Permanganate from the People’s Republic of China,
                                                                                                      Administrative Review; 2013                           49 FR 3897 (January 31, 1984).
                                              Fax                                                                                                              2 See Potassium Permanganate from the People’s
                                                                                                      AGENCY:  Enforcement and Compliance,                  Republic of China: Preliminary Results of
                                                 (202) 690–7442.                                      International Trade Administration,                   Antidumping Duty Administrative Review; 2013, 80
                                              Email                                                   Department of Commerce.                               FR 7413 (February 10, 2015) (‘‘Preliminary
                                                                                                      SUMMARY: In response to a request by                  Results’’).
                                                 program.intake@usda.gov.                             Pacific Accelerator Limited (‘‘PAL’’), the
                                                                                                                                                               3 See PAL’s March 12, 2015 submission.

                                                 Persons with disabilities who require                Department of Commerce (the
                                                                                                                                                               4 See Petitioner’s March 17, 2015 submission.
tkelley on DSK3SPTVN1PROD with NOTICES




                                                                                                                                                               5 See Memorandum to Christian Marsh, Deputy
                                              alternative means for communication                     ‘‘Department’’) is conducting an                      Assistant Secretary, through James Doyle, Office
                                              (Braille, large print, audiotape, etc.)                 administrative review of the                          Director, from Paul Walker, Case Analyst,
                                                                                                      antidumping duty order on potassium                   ‘‘Potassium Permanganate from the People’s
                                              updates/archive/2015/ConstUpdate040315; http://         permanganate from the People’s                        Republic of China: Extension of Deadline for the
                                              www.fsis.usda.gov/wps/portal/fsis/newsroom/                                                                   Final Results of Antidumping Duty Administrative
                                              meetings/newsletters/constituent-updates/archive/
                                                                                                      Republic of China (‘‘PRC’’) for the                   Review,’’ dated June 2, 2015.
                                              2015/ConstUpdate050115.                                 period of review (‘‘POR’’) January 1,                    6 See PAL’s July 17, 2014, submission at 11.




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Document Created: 2015-12-15 11:58:52
Document Modified: 2015-12-15 11:58:52
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of availability and opportunity for comment.
DatesSubmit comments on or before October 19, 2015.
ContactDaniel L. Engeljohn, Ph.D., Assistant Administrator, Office of Policy and Program Development; Telephone: (202) 205-0495, or by Fax: (202) 720-2025.
FR Citation80 FR 50263 

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