81 FR 91670 - Uniform Compliance Date for Food Labeling Regulations
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service Federal Register Volume 81, Issue 243 (December 19, 2016)
Food Safety and Inspection Service
Federal Register Volume 81, Issue 243 (December 19, 2016)
| Page Range | 91670-91672 | |
| FR Document | 2016-30463 |
[Federal Register Volume 81, Number 243 (Monday, December 19, 2016)] [Rules and Regulations] [Pages 91670-91672] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-30463] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Parts 317 and 381 [Docket No. FSIS-2016-0048] RIN 0583-AD05 Uniform Compliance Date for Food Labeling Regulations AGENCY: Food Safety and Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Food Safety and Inspection Service (FSIS) is establishing January 1, 2020, as the uniform compliance date for new meat and poultry product labeling regulations that are issued between January 1, 2017, and December 31, 2018. FSIS periodically announces uniform compliance dates for new meat and poultry product labeling regulations to minimize the economic impact of label changes. DATES: This rule is effective December 19, 2016. Comments on this final rule must be received on or before January 18, 2017. ADDRESSES: FSIS invites interested persons to submit relevant comments on this final rule. Comments may be submitted by the following methods:Federal eRulemaking Portal: This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to http://www.regulations.gov/. Follow the online instructions at that site for submitting comments. Mail, including CD-ROMs: Send to Docket Clerk, U.S. Department of Agriculture (USDA), FSIS, OPPD, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163A, Washington, DC 20250-3700. Hand- or courier-delivered items: Send to Docket Clerk, U.S. Department of Agriculture (USDA), FSIS, OPPD, Patriots Plaza 3, 355 E Street SW., Room 8-163A, Washington, DC 20250-3700. Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS-2016-0048. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http://www.regulations.gov/. Docket: For access to background documents or comments received, go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8- 164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Rosalyn Murphy-Jenkins, Director, Labeling and Program Delivery Division, Office of Policy and Program Development, Food Safety and Inspection Service, U.S. Department of Agriculture, Telephone: 301-504-0879. SUPPLEMENTARY INFORMATION: Background FSIS periodically issues regulations that require changes in the labeling of meat and poultry food products. Many meat and poultry establishments also produce non-meat and non-poultry food [[Page 91671]] products that are subject to the jurisdiction of the Food and Drug Administration (FDA). FDA also periodically issues regulations that require changes in the labeling of products under its jurisdiction. On December 14, 2004, FSIS issued a final rule that established January 1, 2008, as the uniform compliance date for new meat and poultry labeling regulations issued between January 1, 2005, and December 31, 2006. The 2004 final rule also provided that the Agency would set uniform compliance dates for new labeling regulations in 2- year increments and periodically issue final rules announcing those dates. Consistent with that final rule, the Agency has published five final rules establishing the uniform compliance dates of January 1, 2010, January 1, 2012, January 1, 2014, January 1, 2016, and January 1, 2018 (72 FR 9651, 73 FR 75564, 75 FR 71344, 77 FR 76824, and 79 FR 71007). The Final Rule This final rule establishes January 1, 2020, as the uniform compliance date for new meat and poultry product labeling regulations that are issued between January 1, 2017 and December 31, 2018, and is consistent with the previous final rules that established uniform compliance dates. In addition, FSIS's approach for establishing uniform compliance dates for new food labeling regulations is consistent with FDA's approach. FDA is also planning to publish a final rule establishing a new compliance date. Two-year increments enhance the industry's ability to make orderly adjustments to new labeling requirements without unduly exposing consumers to outdated labels. With this approach, the meat and poultry industry is able to plan for use of label inventories and to develop new labeling materials that meet the requirements of all labeling regulations made within the two year period, thereby minimizing the economic impact of labeling changes. This compliance approach also serves consumer's interests because the cost of multiple short-term label revisions that would otherwise occur would likely be passed on to consumers in the form of higher prices. FSIS encourages meat and poultry companies to comply with new labeling regulations as soon as it is feasible. If companies initiate voluntary label changes, they should consider incorporating any new requirements that have been published as final regulations. The new uniform compliance date will apply only to final FSIS regulations that require changes in the labeling of meat and poultry products and that are published after January 1, 2017, and before December 31, 2018. For each final rule that requires changes in labeling, FSIS will specifically identify January 1, 2020, as the compliance date. All meat and poultry food products that are subject to labeling regulations promulgated between January 1, 2017, and December 31, 2018, will be required to comply with these regulations on products introduced into commerce on or after January 1, 2020. If any food labeling regulation involves special circumstances that justify a compliance date other than January 1, 2020, the Agency will determine an appropriate compliance date and will publish that compliance date in the rulemaking. In rulemaking that began with the May 4, 2004, proposed rule, FSIS provided notice and solicited comment on the concept of establishing uniform compliance dates for labeling requirements (69 FR 24539). In the March 5, 2007, final rule, FSIS noted that the Agency received only four comments in response to the proposal, all fully supportive of the policy to set uniform compliance dates. Therefore, in the March 5, 2007, final rule, FSIS determined that further rulemaking for the establishment of uniform compliance dates for labeling requirements is unnecessary (72 FR 9651). The Agency did not receive comments on the 2007 final rule, and the comments FSIS received on the 2012 final rule on the uniform compliance date were outside the scope of the rule (77 FR 76824). Consistent with its statement in 2007, FSIS finds at this time that further rulemaking on this matter is unnecessary. However, FSIS is providing an opportunity for comment on the uniform compliance date established in this final rule. Executive Order 12988 This final rule has been reviewed under the Executive Order 12988, Civil Justice Reform. Under this final rule: (1) All state and local laws and regulations that are inconsistent with this rule will be preempted; (2) no retroactive effect will given to this rule; and (3) no retroactive proceedings will be required before parties may file suit in court challenging this rule. Executive Orders 12866 and 13563 and the Regulatory Flexibility Act Executive Orders 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order (E.O.) 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This final rule has been reviewed under E.O. 12866. The Office of Management and Budget (OMB) has determined that it is a not significant regulatory action under section 3(f) of E.O. 12866 and, therefore, it has not been reviewed by OMB. This rule does not have a significant economic impact on a substantial number of small entities; consequently, a regulatory flexibility analysis is not required (5 U.S.C. 601-612). Paperwork Requirements There are no paperwork or recordkeeping requirements associated with this policy under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). E-Government Act Compliance FSIS and USDA are committed to achieving the purposes of the 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. 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. 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 [[Page 91672]] 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 FSIS will announce this rule online through the FSIS Web page located at http://www.fsis.usda.gov/regulations_&_policies/Interim_&_Final_Rules/index.asp. FSIS will also make copies of this Federal Register publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to constituents and stakeholders. The Update is communicated via Listserv, a free electronic mail subscription service for industry, trade groups, consumer interest groups, health professionals, and other individuals who have asked to be included. The Update is also available on the FSIS Web page. In addition, FSIS offers an electronic mail subscription service which provides automatic and customized access to selected food safety news and information. This service is available at http://www.fsis.usda.gov/News_&_Events/Email_Subscription/. Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts. Dated: December 14, 2016. Alfred V. Almanza, Acting Administrator. [FR Doc. 2016-30463 Filed 12-16-16; 8:45 am] BILLING CODE 3410-DM-P
![91670 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations
information displays a valid control Passengers may log into the Web site 10,918 Forms I–102, Application for
number assigned by OMB. using 7 pieces of basic identifying Replacement/Initial Nonimmigrant
The burden hours associated with the information that is either known to the Arrival-Departure Document, filed, and
collections of information contained in traveler (their first name, last name and an estimated reduction of 4,541.89
this Final Rule were previously date of birth) or readily available on burden hours under OMB control
reviewed and approved by OMB. The their passport (passport number, number 1615–0079.
automation of the paper Form I–94 for country of issuance, date of entry, and Exhibit 16 summarizes the difference
commercial aircraft and vessel class of admission). The estimated in the burden for the previous process
passengers in accordance with this Final annual burden associated with this Web and the process under this rule. As
Rule results in a reduction of 1,278,456 site, is 254,680 hours under OMB OMB Control Number 1651–0111
annual burden hours under OMB control number 1651–0111. includes ESTA and Form I–94W, we
control number 1651–0111. The automation of the paper Form include those burden hours for
Also in accordance with this Final I–94 for commercial aircraft and vessel informational purposes. We note that
Rule, the electronic Form I–94 is passengers in accordance with this Final these burden hours are unaffected by
available to aliens on a secure Web site. Rule results in an estimated reduction of this rule.
EXHIBIT 16—PRA BURDEN EFFECTS OF THE RULE
Collection Respondents Burden Hours
Pre-IFR ........................................................................................ I–94 .................................................... 14,000,000 1,862,000
Website .............................................. 0 0
I–102 .................................................. 17,700 7,363
ESTA .................................................. 19,140,000 4,785,000
I–94W ................................................. 100,000 333,147
Final Rule .................................................................................... I–94 .................................................... 4,387,550 583,544
Website .............................................. 3,858,782 254,680
I–102 .................................................. 6,782 2,821
ESTA .................................................. 19,140,000 4,785,000
I–94W ................................................. 100,000 13,333
Difference .................................................................................... I–94 .................................................... ¥9,612,450 ¥1,278,456
Website .............................................. 3,858,782 254,680
I–102 .................................................. ¥10,918 ¥4,542
ESTA .................................................. 0 0
I–94W ................................................. 0 0
Amendments to the Regulations compliance date for new meat and Patriots Plaza 3, 355 E Street SW., Room
For the reasons set forth above, the poultry product labeling regulations that 8–163A, Washington, DC 20250–3700.
interim final rule amending 8 CFR parts are issued between January 1, 2017, and Instructions: All items submitted by
1, 210, 212, 214, 215, 231, 235, 245, December 31, 2018. FSIS periodically mail or electronic mail must include the
245a, 247, 253, 264, 274a, and 286, announces uniform compliance dates Agency name and docket number FSIS–
published at 78 FR 18457 on March 27, for new meat and poultry product 2016–0048. Comments received in
2013, is adopted as a final rule without labeling regulations to minimize the response to this docket will be made
change. economic impact of label changes. available for public inspection and
DATES: This rule is effective December posted without change, including any
Jeh Charles Johnson, 19, 2016. Comments on this final rule personal information, to http://
Secretary. must be received on or before January www.regulations.gov/.
[FR Doc. 2016–30459 Filed 12–16–16; 8:45 am] 18, 2017. Docket: For access to background
BILLING CODE 9111–14–P ADDRESSES: FSIS invites interested documents or comments received, go to
persons to submit relevant comments on the FSIS Docket Room at Patriots Plaza
this final rule. Comments may be 3, 355 E Street SW., Room 8–164,
DEPARTMENT OF AGRICULTURE submitted by the following methods: Washington, DC 20250–3700 between
• Federal eRulemaking Portal: This 8:00 a.m. and 4:30 p.m., Monday
Food Safety and Inspection Service Web site provides the ability to type through Friday.
short comments directly into the FOR FURTHER INFORMATION CONTACT:
9 CFR Parts 317 and 381 comment field on this Web page or Rosalyn Murphy-Jenkins, Director,
[Docket No. FSIS–2016–0048] attach a file for lengthier comments. Go Labeling and Program Delivery Division,
to http://www.regulations.gov/. Follow Office of Policy and Program
RIN 0583–AD05 the online instructions at that site for Development, Food Safety and
submitting comments. Inspection Service, U.S. Department of
Uniform Compliance Date for Food
• Mail, including CD–ROMs: Send to Agriculture, Telephone: 301–504–0879.
Labeling Regulations
Docket Clerk, U.S. Department of SUPPLEMENTARY INFORMATION:
srobinson on DSK5SPTVN1PROD with RULES
AGENCY: Food Safety and Inspection Agriculture (USDA), FSIS, OPPD,
Patriots Plaza 3, 1400 Independence Background
Service, USDA.
ACTION: Final rule. Avenue SW., Mailstop 3782, Room 8– FSIS periodically issues regulations
163A, Washington, DC 20250–3700. that require changes in the labeling of
SUMMARY: The Food Safety and • Hand- or courier-delivered items: meat and poultry food products. Many
Inspection Service (FSIS) is establishing Send to Docket Clerk, U.S. Department meat and poultry establishments also
January 1, 2020, as the uniform of Agriculture (USDA), FSIS, OPPD, produce non-meat and non-poultry food
VerDate Sep<11>2014 20:05 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\19DER1.SGM 19DER1](https://thefederalregister.org/doc/81_FR_91913/page/1.svg)
![91672 Federal Register / Vol. 81, No. 243 / Monday, December 19, 2016 / Rules and Regulations
Email: program.intake@usda.gov. low reserve tranche for 2017. The purpose of implementing monetary
Persons with disabilities who require Regulation D amendments set the policy. Section 11(a)(2) of the Federal
alternative means for communication amount of total reservable liabilities of Reserve Act (12 U.S.C. 248(a)(2))
(Braille, large print, audiotape, etc.), each depository institution that is authorizes the Board to require reports
should contact USDA’s TARGET Center subject to a zero percent reserve of liabilities and assets from depository
at (202) 720–2600 (voice and TDD). requirement in 2017 at $15.5 million institutions to enable the Board to
Additional Public Notification (up from $15.2 million in 2016). This conduct monetary policy. The Board’s
amount is known as the reserve actions with respect to each of these
FSIS will announce this rule online requirement exemption amount. The provisions are discussed in turn below.
through the FSIS Web page located at Regulation D amendments also set the
http://www.fsis.usda.gov/regulations_&_ Reserve Requirements
amount of net transaction accounts at
policies/Interim_&_Final_Rules/ each depository institution (over the Pursuant to section 19(b) of the
index.asp. reserve requirement exemption amount) Federal Reserve Act (Act), transaction
FSIS will also make copies of this that is subject to a three percent reserve account balances maintained at each
Federal Register publication available requirement in 2017 at $115.1 million depository institution are subject to
through the FSIS Constituent Update, (up from $110.2 million in 2016). This reserve requirement ratios of zero, three,
which is used to provide information amount is known as the low reserve or ten percent. Section 19(b)(11)(A) of
regarding FSIS policies, procedures, tranche. The adjustments to both of the Act (12 U.S.C. 461(b)(11)(A))
regulations, Federal Register notices, these amounts are derived using provides that a zero percent reserve
FSIS public meetings, and other types of statutory formulas specified in the requirement shall apply at each
information that could affect or would Federal Reserve Act. depository institution to total reservable
be of interest to constituents and The Board is also announcing changes liabilities that do not exceed a certain
stakeholders. The Update is in two other amounts, the nonexempt amount, known as the reserve
communicated via Listserv, a free deposit cutoff level and the reduced requirement exemption amount. Section
electronic mail subscription service for reporting limit, that are used to 19(b)(11)(B) provides that, before
industry, trade groups, consumer determine the frequency at which December 31 of each year, the Board
interest groups, health professionals, depository institutions must submit shall issue a regulation adjusting the
and other individuals who have asked deposit reports. reserve requirement exemption amount
to be included. The Update is also DATES: Effective date: January 18, 2017. for the next calendar year if total
available on the FSIS Web page. In Compliance dates: The new low reservable liabilities held at all
addition, FSIS offers an electronic mail reserve tranche and reserve requirement depository institutions increase from
subscription service which provides exemption amount will apply to the one year to the next. No adjustment is
automatic and customized access to fourteen-day reserve maintenance made to the reserve requirement
selected food safety news and period that begins January 19, 2017. For exemption amount if total reservable
information. This service is available at depository institutions that report liabilities held at all depository
http://www.fsis.usda.gov/News_&_ deposit data weekly, this maintenance institutions should decrease during the
Events/Email_Subscription/. Options period corresponds to the fourteen-day applicable time period. The Act requires
range from recalls to export information computation period that begins the percentage increase in the reserve
to regulations, directives and notices. December 20, 2016. For depository requirement exemption amount to be 80
Customers can add or delete institutions that report deposit data percent of the increase in total
subscriptions themselves, and have the quarterly, this maintenance period reservable liabilities of all depository
option to password protect their corresponds to the seven-day institutions over the one-year period
accounts. computation period that begins that ends on the June 30 prior to the
Dated: December 14, 2016. December 20, 2016. The new values of adjustment.
Alfred V. Almanza, the nonexempt deposit cutoff level, the Total reservable liabilities of all
Acting Administrator. reserve requirement exemption amount, depository institutions increased by 2.3
[FR Doc. 2016–30463 Filed 12–16–16; 8:45 am] and the reduced reporting limit will be percent, from $7,477 billion to $7,648
BILLING CODE 3410–DM–P
used to determine the frequency at billion between June 30, 2015, and June
which a depository institution submits 30, 2016. Accordingly, the Board is
deposit reports effective in either June amending Regulation D to set the
or September 2017. reserve requirement exemption amount
FEDERAL RESERVE SYSTEM
FOR FURTHER INFORMATION CONTACT: for 2017 at $15.5 million, an increase of
12 CFR Part 204 Clinton N. Chen, Attorney (202/452– $0.3 million from its level in 2016.1
3952), Legal Division, or Ezra A. Kidane, Pursuant to Section 19(b)(2) of the Act
[Docket No. R–1553] (12 U.S.C. 461(b)(2)), transaction
Financial Analyst (202/973–6161),
RIN 7100–AE63 Division of Monetary Affairs; for users account balances maintained at each
of Telecommunications Device for the depository institution over the reserve
Regulation D; Reserve Requirements Deaf (TDD) only, contact (202/263– requirement exemption amount and up
of Depository Institutions 4869); Board of Governors of the Federal to a certain amount, known as the low
Reserve System, 20th and C Streets reserve tranche, are subject to a three
AGENCY: Board of Governors of the
NW., Washington, DC 20551. percent reserve requirement.
Federal Reserve System.
srobinson on DSK5SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION: Section Transaction account balances over the
ACTION: Final rule. low reserve tranche are subject to a ten
19(b)(2) of the Federal Reserve Act (12
SUMMARY: The Board is amending U.S.C. 461(b)(2)) requires each percent reserve requirement. Section
Regulation D, Reserve Requirements of depository institution to maintain 1 Consistent with Board practice, the low reserve
Depository Institutions, to reflect the reserves against its transaction accounts tranche and reserve requirement exemption
annual indexing of the reserve and nonpersonal time deposits, as amounts have been rounded to the nearest $0.1
requirement exemption amount and the prescribed by Board regulations, for the million.
VerDate Sep<11>2014 20:05 Dec 16, 2016 Jkt 241001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\19DER1.SGM 19DER1](https://thefederalregister.org/doc/81_FR_91913/page/3.svg)
Document Created: 2016-12-17 03:15:52
Document Modified: 2016-12-17 03:15:52
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective December 19, 2016. Comments on this final rule must be received on or before January 18, 2017. | |
| Contact | Rosalyn Murphy-Jenkins, Director, Labeling and Program Delivery Division, Office of Policy and Program Development, Food Safety and Inspection Service, U.S. Department of Agriculture, Telephone: 301-504-0879. | |
| FR Citation | 81 FR 91670 | |
| RIN Number | 0583-AD05 | |
| CFR Citation | 9
CFR
317 9 CFR 381 |
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