Unknown. Final rule

7,115 words·~32 min read·/register/2004/10/01/04-22028

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2004-10-01.xml --- 69 190 Friday, October 1, 2004 Contents Agricultural Agricultural Marketing Service NOTICES Kale; grade standards, 58879 04-22058 Agriculture Agriculture Department See Agricultural Marketing Service See Food Safety and Inspection Service See Natural Resources Conservation Service Arctic Arctic Research Commission NOTICES Meetings, 58882 04-22037 Army Army Department NOTICES Privacy Act: Systems of records, 58895-58896 04-21323 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Meetings:

National Institute for Occupational Safety and Health— Radiation and Worker Health Advisory Board, 58915 04-22044 Centers Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department Citizenship Citizenship and Immigration Services Bureau NOTICES Temporary protected status program designations; terminations, extensions, etc.: Liberia; correction, 58934 04-22198 Coast Guard Coast Guard RULES Ports and waterways safety: Port Canaveral, FL; safety zone, 58833-58834 04-22141 Portland Captain of Port Zone, ME;

Queen Mary II visit; security zone, 58834-58837 04-22138 NOTICES Environmental statements; notice of intent: Goethals Bridge Modernization Program, NY and NJ Public scoping meetings, 58934-58935 04-22140 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 58882-58883 04-22090 04-22091 CITA Committee for the Implementation of Textile Agreements NOTICES Cotton, wool, and man-made textiles:

Sri Lanka, 58894-58895 E4-2461 Council Council on Environmental Quality NOTICES Meetings: Interagency Ocean Policy Task Force, 58914-58915 04-22031 Defense Defense Department See Army Department NOTICES Grants and cooperative agreements; availability, etc.: Nationwide TRICARE Demonstration Project, 58895 04-22167 Drug Drug Enforcement Administration NOTICES *Applications, hearings, determinations, etc.:* Orzame, Gabriel Sangun, M.D., 58959-58961 04-21964 Education Education Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 58896 E4-2447 Employment Employment and Training Administration NOTICES Alien temporary employment labor certification process:

Nonimmigrant workers (H-2B); applicants processing procedures, 58961 04-22059 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 58961-58962 04-21744 Energy Energy Department See Federal Energy Regulatory Commission See Western Area Power Administration EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards: Secondary aluminum production, 58837-58839 04-22084 Superfund program:

National oil and hazardous substances contingency plan— National priorities list update, 58839-58840 04-22083 NOTICES Air programs: Stratospheric ozone protection— Significant New Alternatives Policy Program; acceptable substitutes for ozone-depleting substances; list, 58903-58910 04-21928 Environmental statements; availability, etc.: Agency statements— Comments availability, 58910-58911 04-22088 Weekly receipts, 58911 04-22089 Grants, State and local assistance: Grantee performance evaluation reports— Kentucky, 58911-58912 04-22085 Superfund; response and remedial actions, proposed settlements, etc.:

Valley Chemical Site, MS, 58912 04-22086 Water pollution control: National Pollutant Discharge Elimination System— Massachusetts, New Hampshire, and Massachusetts Indian country lands; publicly owned treatment works; general permits, 58912-58913 04-22082 Water programs: National Clean Water Act Recognition Awards— Awards presentation, 58913-58914 04-22087 Environment Environmental Quality Council See Council on Environmental Quality Executive Executive Office of the President See Council on Environmental Quality FAA Federal Aviation Administration RULES Airworthiness directives:

Airbus, 58828-58830 04-21816 Pratt & Whitney Canada, 58824-58828 04-21911 04-21913 Airworthiness standards: Special conditions— Raytheon Model King Air 200, 300, and B300 airplanes, 58822-58824 04-22019 PROPOSED RULES Jet routes, 58859-58860 04-22021 Restricted areas, 58860-58861 04-22020 NOTICES Passenger facility charges; applications, etc.: Des Moines International Airport, IA, 58992-58993 04-22142 Fort Lauderdale-Hollywood International Airport, FL, 58993 04-22023 Hattiesburg-Laurel Regional Airport, MS, 58993-58994 04-22022 Roanoke Regional Airport, VA, 58994-58995 04-22024 FCC Federal Communications Commission RULES Practice and procedure:

Application fees schedule Correction, 58840 04-21086 Radio stations; table of assignments: Colorado and Wyoming, 58840-58841 04-22026 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Alabama, 58935 04-22062 Florida, 58935-58937 04-22061 04-22076 Georgia, 04-22067 58937-58938 04-22081 Mississippi, 58938 04-22063 North Carolina, 58938 04-22066 04-22075 Ohio, 58938-58939 04-22079 Pennsylvania, 04-22069 58939-58940 04-22078 04-22080 Puerto Rico, 58940-58941 04-22064 04-22077 Vermont, 58941-58942 04-22072 West Virginia, 58942-58943 04-22071 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings, 58897-58900 E4-2456 E4-2457 Meetings:

California Independent System Operator Corp.; fuel cost allowance allocation methodology; technical conference, 58900 E4-2453 Entergy Services, Inc.; technical conference, 58900 E4-2452 *Applications, hearings, determinations, etc.:* Equus Power I, L.P., 58896-58897 E4-2454 National Fuel Gas Supply Corp., 58897 E4-2451 Thermo Cogeneration Partnership, L.P., 58897 E4-2455 Federal Railroad Federal Railroad Administration NOTICES Safety advisories, bulletins, and directives: Effect of sleep disorders on safety of railroad operations, 58995-58996 04-22025 FTC Federal Trade Commission PROPOSED RULES Fair and Accurate Credit Transactions Act; implementation:

Prescreen opt-out notices, 58861-58872 04-22039 Federal Transit Federal Transit Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 58997 04-22143 Environmental statements; notice of intent: Ann Arbor and Detroit, MI; transit improvements, 58997-58999 04-22144 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: Critical habitat designations— Santa Ana sucker, 58876-58878 04-22196 NOTICES Comprehensive conservation plans; availability, etc.:

Arapaho National Wildlife Refuge, CO, 58944 04-22045 Endangered and threatened species: Recovery plans— Wenatchee Mountains checker-mallow, 58944-58945 04-22188 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 58915-58928 04-22052 Meetings: Harmonization International Conference— Yokohama, Japan; preparation for international meetings, 58928-58929 04-22053 Food Food Safety and Inspection Service RULES Meat and poultry inspection:

Nutrition labeling— Multi-serve, meal-type meat and poultry products; nutrient content claims, 58799-58803 04-22028 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES Texas Eubank Manufacturing Enterprises, Inc.; air conditioning and heating equipment manufacturing plant, 58884 04-22136 *Applications, hearings, determinations, etc.:* Illinois, 58883-58884 04-22134 Indiana Clark County, Louisville Customs port of entry; expansion, 58884 04-22135 Health Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health Homeland Homeland Security Department See Citizenship and Immigration Services Bureau See Coast Guard See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Grants and cooperative agreements; availability, etc.:

Homeless assistance; excess and surplus Federal properties, 58943-58944 04-21756 Public and Indian housing: Housing assistance payments (Section 8)— Housing Choice Voucher Program and Moderate Rehabilitation Single Room Occupancy Program; fair market rents, 59003-59070 04-21892 Industry Industry and Security Bureau NOTICES Export privileges, actions affecting: Talyi, Yaudat Mustafa; correction, 59002 C4-21558 Yi, Xinjian, et al., 58884-58889 04-22057 Inspector Inspector General Office, Health and Human Services Department NOTICES Program exclusions; list; correction, 58929 04-22046 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Park Service See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office IRS Internal Revenue Service PROPOSED RULES Income taxes:

Controlled foreign corporations’ subpart F income; U.S. shareholder's pro rata share; determination guidance Correction, 58873 04-22137 International International Trade Administration NOTICES Antidumping: Aspirin from— Turkey, 58891-58892 E4-2459 Fresh garlic from— China, 58892 E4-2460 Honey from— China, 58893 E4-2458 Antidumping and countervailing duties: Administrative review requests, 58889-58890 04-22099 Five-year (sunset) reviews— Initiation of reviews, 58890-58891 04-22129 International International Trade Commission NOTICES Import investigations:

Automotive measuring devices, products containing same, and bezels for such devices, 58949-58950 04-22033 Drafting machines from— Japan, 58950-58952 04-22133 Iron construction castings from— Various counties, 58952-58954 04-22131 Potassium permanganate from— China, 58955-58957 04-22132 Solid urea from— Various countries, 58957-58959 04-22130 Judicial Judicial Conference of the United States NOTICES Meetings: Judicial Conference Advisory Committee on— Evidence Rules, 58959 04-22095 Justice Justice Department See Drug Enforcement Administration Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Veterans Employment and Training Service Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 58945-58946 04-22094 Environmental statements; notice of intent:

Uintah County, UT; Chapita Wells-Stagecoach Area Gas Development Project, 58946 04-22056 Practice and procedure: Electronic forms and digital signatures; acceptance, 58946-58947 04-21785 Maritime Maritime Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 58999 04-22036 National Archives National Archives and Records Administration PROPOSED RULES Presidential records: Denial of access; appeals extension, 58875-58876 04-22051 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Platform lift systems for accessible vehicles and platform lift installations on vehicles, 58843-58855 04-21976 NIH National Institutes of Health NOTICES Inventions, Government-owned; availability for licensing, 58929-58932 04-22148 04-22150 Patent licenses; non-exclusive, exclusive, or partially exclusive: Leppla et al., 58933 04-22146 Serono S.A., 58933-58934 04-22147 NOAA National Oceanic and Atmospheric Administration NOTICES Fishery conservation and management: Magnuson-Stevens Act provisions— Domestic fisheries; exempted fishing permit applications, 58893-58894 E4-2462 National Park National Park Service NOTICES Environmental statements; availability, etc.:

Grand Canyon National Park, AZ; Colorado River management plan, 58947 04-22040 National Science National Science Foundation NOTICES Antarctic Conservation Act of 1978; permit applications, etc., 58983 04-22152 NRCS Natural Resources Conservation Service NOTICES Environmental statements; notice of intent: Marmaton Watershed, KS, 58879-58882 04-22029 Environmental statements; record of decision: Cane Creek Watershed, TN, 58882 04-22030 Nuclear Nuclear Regulatory Commission RULES Plants and materials; physical protection:

Criminal history checks; application fee assessment, 58820-58822 04-21766 Production and utilization facilities; domestic licensing: Light-water cooled nuclear power plants; construction and inspection of components and testing pumps and valves; industry codes and standards, 58804-58820 04-21561 NOTICES Meetings; Sunshine Act, 58984 04-22199 *Applications, hearings, determinations, etc.:* Carolina Power & Light Co., 58983-58984 04-22047 Reclamation Reclamation Bureau NOTICES Environmental statements; availability, etc.:

Sacramento River, CA; settlement contracts, 58947-58948 04-22048 Research Research and Special Programs Administration RULES Hazardous materials: Transportation— Radioactive materials; compatibility with International Atomic Energy Agency regulations; correction, 58841-58843 04-22145 SEC Securities and Exchange Commission PROPOSED RULES Electronic Data Gathering, Analysis, and Retrieval System (EDGAR): eXtensible Business Reporting Language Voluntary Financial Reporting Program; financial information data tagging, 59093-59110 04-22034 NOTICES Meetings;

Sunshine Act, 58984-58985 04-22284 Reports and guidance documents; availability, etc.: Financial information data tagging; enhancing Commission filings using eXtensible Business Reporting Language, 59110-59117 04-22035 Self-regulatory organizations; proposed rule changes: New York Stock Exchange, Inc., 58985-58989 E4-2448 E4-2450 Pacific Exchange, Inc., 58989-58991 E4-2449 SBA Small Business Administration NOTICES Disaster loan areas: Louisiana, 58992 04-22096 Mississippi, 58992 04-22127 Ohio, 58992 04-22128 Interest rates; quarterly determinations, 58992 04-22097 Meetings:

Regional Fairness Boards— Region III; hearing, 58992 04-22027 Surface Surface Mining Reclamation and Enforcement Office RULES Permanent program and abandoned mine land reclamation plan submissions: Indiana, 58830-58833 04-22018 PROPOSED RULES Permanent program and abandoned mine land reclamation plan submissions: Colorado, 58873-58875 04-22017 Surface Surface Transportation Board RULES Fees: Licensing and related services— 2004 update, 58855-58858 04-21984 NOTICES Railroad operation, acquisition, construction, etc.:

CSX Transportation, Inc., 58999-59000 04-21982 Red Line of Spokane County, WA, 59000 04-22092 Railroad services abandonment: Union Pacific Railroad Co., 59000-59001 04-21983 Textile Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Transportation Transportation Department See Federal Aviation Administration See Federal Railroad Administration See Federal Transit Administration See Maritime Administration See National Highway Traffic Safety Administration See Research and Special Programs Administration See Surface Transportation Board Transportation Transportation Security Administration NOTICES Aviation security:

Infrastructure fee; continuation, 58943 04-22202 Treasury Treasury Department See Internal Revenue Service Veterans Veterans Affairs Department PROPOSED RULES Adjudication; pensions, compensation, dependency, etc.: Accrued benefits; death compensation and special rules applicable upon beneficiary's death, 59071-59091 04-21541 Veterans Veterans Employment and Training Service NOTICES Grants and cooperative agreements; availability, etc.: Veteran's Workforce Investment Program, 58962-58983 04-22060 Western Western Area Power Administration NOTICES Energy planning and management program:

Parker-Davis Project; post-2008 resource pool; power allocation procedures and applications call, 58900-58903 04-22050 Separate Parts In This Issue Part II Housing and Urban Development Department, 59003-59070 04-21892 Part III Veterans Affairs Department, 59071-59091 04-21541 Part IV Securities and Exchange Commission, 59093-59117 04-22034 04-22035 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 69 190 Friday, October 1, 2004 Rules and Regulations DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service 9 CFR Parts 317 and 381 [Docket No. 00-046F] RIN 0583-AD07 Nutrition Labeling: Nutrient Content Claims on Multi-Serve, Meal-Type Meat and Poultry Products AGENCY:

Food Safety and Inspection Service, USDA. ACTION: Final rule. SUMMARY: The Food Safety and Inspection Service

(FSIS)is amending its nutrition labeling regulations to change the definition of “meal-type” products to allow for nutrient content claims on multiple-serve food containers, to adopt the definition of “main dish” used by the Food and Drug Administration (FDA), and to define how meal-type products and main dishes should be nutrition labeled. The change in the definition of meal-type products will allow nutrient content claims on qualifying products to be based on 100 grams of product rather than on the serving size, which is based on the Reference Amounts Customarily Consumed (RACCs) for the food components. These actions are in response to a petition filed by ConAgra, Inc. (the petitioner). The changes will help to ensure that FSIS' nutrition labeling regulations are parallel, to the maximum extent possible, to the nutrition labeling regulations of FDA, which were promulgated under the Nutrition Labeling and Education Act

(NLEA)of 1990. EFFECTIVE DATE: Effective on November 30, 2004. FOR FURTHER INFORMATION CONTACT: Robert C. Post, Ph.D., Director, Labeling and Consumer Protection Staff, Office of Policy, Program and Employee Development, FSIS, at

(202)205-0279 or by fax at

(202)205-3625. SUPPLEMENTARY INFORMATION: Background The Federal Meat Inspection Act (21 U.S.C. 601 *et seq.* ) and the Poultry Products Inspection Act (21 U.S.C. 451 *et seq.* ) authorize the Secretary of Agriculture to establish and maintain inspection programs designed to assure consumers that meat and poultry products distributed in commerce are wholesome, not adulterated, and properly marked, labeled, and packaged. FSIS regulates the labeling of meat and poultry products, and FDA has responsibility for all other food labeling. In January of 1993, FSIS and FDA published their final rules on nutrition labeling. Both agencies amended their respective regulations to

(1)Require either mandatory or voluntary nutrition labeling on most of the food products they regulate;

(2)revise the list of required nutrients and food components;

(3)specify a new format for declaring the nutrients and food components in nutrition labeling;

(4)permit specific products to be exempt from nutrition labeling;

(5)establish RACCs specific for food categories; and

(6)prescribe a simplified form of nutrition labeling and the conditions under which such labeling may be used. In order for persons to use the nutrition information to construct healthy diets that include products from across the food supply, the two agencies recognized that the regulations need to be as consistent as possible. There was overwhelming support for FSIS to proceed with the adoption of FDA-defined nutrient content claims, including adopting a constant value of 100 grams for comparison of nutrient content claims on meal-type products. As a result, both agencies issued regulations establishing, as nearly uniform as possible, definitions for nutrient content claims to allow consumers to make valid comparisons among food product categories. In addition, the agencies participated in the Interagency Committee on Serving Sizes to jointly establish the RACCs for foods and the criteria for converting RACCs to serving sizes in common household measures. The final FSIS rule, among other things, established RACCs for 23 meat (9 CFR 317.312(b)) and 22 poultry product categories (9 CFR 381.412(b)). These RACCs were calculated to reflect the amount of food, including snacks, dinners, and condiments, that persons four years of age and older customarily consume. These calculations were based on consumption survey data and on data used by food manufacturers and grocers. RACCs are designed to be used by food companies as the basis for determining the serving sizes for nutrition labeling of their products. Nutrient content claims for both FDA and FSIS are composed of two defined parts: The amount (weight) of the nutrient and the amount (generally a serving) of food in which the nutrient is found. If the food is considered to be an individual food, the amount of food (a serving) is represented as the RACC for the food category. If the food is a meal-type product, the amount of food is measured by weight, *i.e.* , 100 grams. If a “low-fat” or “healthy” claim is used, the amount of fat is limited to a maximum of 3 grams per RACC for individual foods and 3 grams per 100 grams of product for meal-type products. However, FSIS and FDA have established different criteria for what constitutes a meal. FSIS defined a “meal-type” product (9 CFR 317.313(l) and 381.413(l)) as a product for consumption by one person on one eating occasion that constitutes the major portion of a meal. For purposes of making a nutrition claim, a meal-type product must

(1)make a significant contribution to the diet by weighing at least 6 ounces, but no more than 12 ounces per serving (container);

(2)contain ingredients from two or more food groups, depending on the weight of the product; and

(3)represent, or be in a form commonly understood to be, a meal (breakfast, dinner, etc). In addition, the serving size for meal-type products is defined as the entire content (edible portion only) of the package, *i.e.* , single-serve container. FDA defined a “meal-type” product (21 CFR 101.13(l)) for the purpose of making a claim as a product that makes a major contribution to the total diet by

(1)weighing at least 10 ounces per labeled serving;

(2)containing not less than three 40-gram portions of food or combinations of foods from two or more of the four food groups; and

(3)representing, or being in a form commonly understood to be, a meal (breakfast, dinner, etc). FDA's regulations do not restrict the use of the meal-type product claims to single-serve containers. FDA also defined a “main-dish” product (21 CFR 101.13(m)) for the purpose of making a claim as a food that makes a major contribution to the meal by

(1)weighing at least 6 ounces per labeled serving;

(2)containing not less than 40 grams of food, or combinations of foods from at least two of four food groups; and

(3)representing, or being in the form commonly understood to be, a main dish ( *i.e.* , not a beverage or dessert). FSIS regulations do not define a “main-dish” product. FSIS' and FDA's rationale for allowing different criteria to serve as the basis for evaluating nutrient content claims on meal-type products versus other types of foods is that meal-type products have potentially large variations in amounts customarily consumed, and the average serving size would not be an appropriate basis for comparison of nutrients. Rather, a constant value of 100 grams was determined to be an appropriate basis. FSIS further reasoned that restricting this category to a single-serving criterion and requiring that products within the category be represented as a meal would adequately distinguish these products from other similarly formulated products. ConAgra's Petition In September 1998, ConAgra petitioned FSIS to amend the definition of “meal-type” products in its regulations to allow nutrient content claims on multi-serve food containers based on the same criteria as for meals that are sold in single-serving containers. Specifically, the petitioner sought an amendment of the definition of “meal” (9 CFR 317.313(l)) to include product in multiple-serving containers in the general principles (9 CFR 317.313) and the “healthy” regulations (9 CFR 317.363). FSIS' initial response was that the few changes requested by the petitioner would not be sufficient to address all of the issues and amend the regulations so that manufacturers can make consistent nutrition content claims on multi-serve containers. FSIS requested that the petitioner provide additional data to justify the changes it was seeking and clearly state the need for consistent definitions for main-dish and meal-type products that do not compromise the established RACCs for food products and that are consistent with the intent of the NLEA. In 2001, FSIS concluded that more conclusive data submitted by the petitioner indicated that there was a market for multi-serve meals that did not exist in 1993 when the nutrition labeling regulations were issued. Because of the increasing popularity of multi-serve meals and evidence that a significant number of consumers were purchasing such meals, FSIS said it was prepared to consider changing the regulatory definition of “meal-type” products and allowing nutrient content claims based on a 100 gram criterion as long as there are no established RACCs for the food product category in question. It also said that consistency in nutrient content claims and criteria for RACCs for all meat and poultry products must be maintained in accordance with the regulations. The Agency noted that if Federal regulations regarding the basis on which nutrient content claims are made are modified for consistency, FSIS and FDA need identical definitions for what constitutes a meal and a main-dish product. FSIS granted the petition in September 2001. The petition and supporting documentation are available in the FSIS Docket Room ( *see* ADDRESSES ) and on the FSIS Web site at *http://www.fsis.usda.gov.* Response to Comments The proposed rule was published in the **Federal Register** on April 16, 2003 (68 FR 18560-65). The public comment period of the proposed rule closed on June 16, 2003. Four comments were received. All of the respondents supported the proposal because it increased the regulatory consistency between FSIS and FDA on nutrient content claims, and it would benefit consumers by permitting them to choose from more healthy food options. Several respondents commented that, with this change, FSIS has positioned meat and poultry meals as being as nutritious as similar products regulated by FDA. The commenters further stated that the FSIS regulations will no longer promote the idea of good versus bad foods, and that the change will eliminate nutrient content claims based on the packaging format instead of the product formulation. While it is true that some consumers tend to infer that multi-serve and other products are nutritionally inferior if they lack the claims that other products have, FSIS has never promoted a good food/bad food policy. The commenters asserted that the change will be an incentive for manufacturers to provide more low-fat or healthy meal options. FSIS agrees. In addition, the consistency in the nutrient claim criteria will benefit consumers by providing them with additional tools and guidance for adhering to a low-fat diet at a more favorable cost. We are adopting the proposed rule as final but are making some minor editorial changes to conform the existing regulations with this final rule. In addition, although discussed in the preamble of the proposed rule, the definition of “main-dish” was inadvertently omitted in the regulatory changes of the proposed rule to Part 317 of the meat regulations (but was included in Part 381 of the proposed rule's regulatory changes to the poultry regulations). In the final rule, paragraph

(m)of section 317.383 of the meat regulations contains the definition of main-dish. Costs and Benefits Associated With the Rule No significant cost impact is seen as a result of this final rule. All costs would be borne by industry, which petitioned for the change. The only labels that would be affected would be those of multi-serve, meal-type products above 6 ounces that would be able to bear nutrient content claims. The Agency believes that no more than 300 products currently on the market will be affected by the change. Therefore, the expected additional labeling costs would be nominal for the industry. A more consistent format across similar food products will be of benefit to consumers, who will be able to make more informed choices in their food purchases. Consumers report that they are experiencing some confusion about how some food products are labeled, and why some packages bear claims specifying the nutrient content of the product and others do not. The Final Rule The final rule will provide consumers of meat and poultry products with consistency in nutrition labeling with FDA's requirements by amending § 317.309 and the parallel poultry regulations at § 381.409 to provide for the nutrition labeling of multi-serve meal-type products and of main-dish products. The final rule also will amend § 317.313(l) and § 317.313(m) and the parallel poultry regulations at § 381.413(l) and § 381.413(m) by revising the definitions of a “meal-type” product and adding a “main-dish” product for the purpose of making a claim on the packaging of the food products. In addition, this rule will amend the individual nutrient content claim regulations for both meat and poultry products at 9 CFR 317.313(l) and

(m)and 9 CFR §§ 381.413

(l)and (m). FSIS' paramount objectives in considering this modification of its nutrition labeling regulations were that the changes not undermine the basic principles or intent of the misbranding provisions of the Federal Meat Inspection Act and the Poultry Products Inspection Act, and that such modifications would result in labels that would not mislead consumers or create unfair marketing advantages for any segment of the food industry. The Agency also was concerned about extending the use of the 100-gram criterion for nutrient content claims to include products not in single-serve containers. Although useful, the 100-gram criterion does not provide nutrient information to consumers that is as definitive as the amount of nutrient per RACC. However, in the interests of maintaining consistency between FSIS and FDA and of providing incentives to industry to develop more less-caloric yet economical meals and main dish products in multi-serve containers that would qualify for nutrient content claims, FSIS is making changes in its nutrition labeling regulations. The Agency believes that consumers will benefit from the information on the containers of products that were formulated to qualify to bear such claims. Executive Order 12866 and the Regulatory Flexibility Act This final rule has been determined to be not economically significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the Office of Management and Budget. FSIS is responding to an industry petition for a labeling change affecting approximately 300 food products. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. When this rule becomes final:

(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)administrative proceedings will not be required before parties may file suit in court challenging this rule. Effect on Small Entities The Administrator, FSIS, has made a determination that this final rule will not have a significant economic impact on a substantial number of small entities. This rule will change the definition of “meal-type” products to allow for nutrient content claims based on 100 grams of product on multi-serve food containers and adopt FDA's definition of “main-dish” products; however, it will not require anyone to change their labeling. Paperwork Requirements This rule has been reviewed under the Paperwork Reduction Act and imposes no new paperwork or recordkeeping requirements. Additional Public Notification Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and in particular minorities, women, and persons with disabilities, are aware of this final rule, FSIS will announce it on-line through the FSIS Web page located at *http://www.fsis.usda.gov.* The Regulations.gov website is the central online rulemaking portal of the United States government. It is being offered as a public service to increase participation in the Federal government's regulatory activities. FSIS participates in Regulations.gov and will accept comments on documents published on the site. The site allows visitors to search by keyword or Department or Agency for rulemakings that allow for public comment. Each entry provides a quick link to a comment form so that visitors can type in their comments and submit them to FSIS. The Web site is located at *http://www.regulations.gov.* FSIS also will 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, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update also is available on the FSIS web page. Through Listserv and the web page, FSIS is able to provide information to a much broader, more diverse audience. List of Subjects 9 CFR Part 317 Food labeling, Food packaging, Meat inspection, Nutrition. 9 CFR Part 381 Food labeling, Food packaging, Nutrition, Poultry and poultry products The Final Rule For the reasons discussed in the preamble, FSIS is amending 9 CFR, Parts 317 and 381, as follows: PART 317—LABELING, MARKING DEVICES AND CONTAINERS 1. The authority citation for 9 CFR part 317 continues to read as follows: Authority: 21 U.S.C. 601-695; 7 CFR 2.18, 2.53. 2. Section 317.309 is amended as follows: a. By removing the phrase “and meal type products” in paragraph (b)(7)(iv). b. By revising paragraph (b)(12) to read as follows: § 317.309 Nutrition label content.

(b)* * *

(12)The serving size for meal-type products and main-dish products as defined in § 317.313(l) and § 317.313(m) in single-serving containers will be the entire edible content of the package. Serving size for meal-type products and main-dish products in multi-serve containers will be based on the reference amount applicable to the product in § 317.312(b) if the product is listed in § 317.312(b). Serving size for meal-type products and main-dish products in multi-serve containers that are not listed in § 317.312(b) will be based on the reference amount according to § 317.312(c), (d), and (e). 3. Section 317.313 is amended by revising paragraph

(l)and by adding paragraph

(m)to read as follows: § 317.313 Nutrient content claims; general principles.

(l)For purposes of making a claim, a “meal-type” product will be defined as a product that:

(1)Makes a major contribution to the diet by:

(i)Weighing at least 10 ounces per labeled serving; and

(ii)Containing not less than three 40 gram portions of food, or combinations of foods, from two or more of the following four food groups, except as noted in paragraph (l)(1)(ii)(E) of this section:

(A)Bread, cereal, rice, and pasta;

(B)Fruits and vegetables;

(C)Milk, yogurt, and cheese;

(D)Meat, poultry, fish, dry beans, eggs, and nuts; except that:

(E)These foods will not be sauces (except for foods in the four food groups in paragraph (l)(1)(ii)(A) through

(D)of this section, that are in the sauces), gravies, condiments, relishes, pickles, olives, jams, jellies, syrups, breadings, or garnishes; and

(2)Is represented as, or is in the form commonly understood to be, a breakfast, lunch, dinner, meal, or entre. Such representations may be made by statements, photographs, or vignettes.

(m)For purposes of making a claim, a main-dish product will be defined as a food that:

(1)Makes a major contribution to the meal by:

(i)Weighing at least 6 ounces per labeled serving; and

(ii)Containing not less than 40 grams of food, or combinations of foods, from two or more of the following four food groups, except as noted in paragraph (m)(1)(ii)(E) of this section.

(A)Bread, cereal, rice, and pasta;

(B)Fruits and vegetables;

(C)Milk, yogurt, and cheese;

(D)Meat, poultry, fish, dry beans, eggs, and nuts; except that:

(E)These foods will not be sauces (except for foods in the four food groups in paragraph (m)(l)(ii)(A) through

(D)of this section, that are in the sauces), gravies, condiments, relishes, pickles, olives, jams, jellies, syrups, breadings, or garnishes; and

(3)Is represented as, or is in a form commonly understood to be, a main dish ( *e.g.,* not a beverage or dessert). Such representations may be made by statements, photographs, or vignettes. § 317.354 [Amended] 4. Section 317.354 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 317.313(m)” after the phrase “meal-type products as defined in § 317.313(l)”, whenever it occurs in the introductory text of paragraphs (b)(1), (e)(1) and (e)(2). b. By adding the phrase “and main-dish products as defined in § 317.313(m)” after the phrase “meal-type products as described in § 317.313(l)” in the introductory text of paragraph (c)(1). c. By adding the phrase “and main-dish product as defined in § 317.313(m)” after the phrase “meal-type product as defined in § 317.313(l)”, whenever it occurs in the introductory text of paragraphs (b)(2) and (c)(2).

(d)By adding the phrase “or a main-dish product” after the phrase “meal-type product” in paragraphs (d)(1) and (e)(2)(ii)(B). § 317.356 [Amended] 5. Section 317.356 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 317.313(m)” after the phrase “meal-type products as defined in § 317.313(l)”, whenever it occurs in paragraph

(b)introductory text and paragraph (c)(3). b. By adding the phrase “and main-dish product as defined in § 317.313(m)” after the phrase “meal-type product as defined in § 317.313(l)”, whenever it occurs in paragraph (d)(1) introductory text and paragraph (d)(2)(i). § 317.360 [Amended] 6. Section 317.360 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 317.313(m)” after the phrase “meal-type products as defined in § 317.313(l)”, whenever it occurs in the introductory text of paragraphs (b)(2), (b)(4), and (c)(4). b. By adding the phrase “and main-dish product as defined in § 317.313(m)” after the phrase “meal-type product as defined in § 317.313(l)”, whenever it occurs in the introductory text of paragraphs (b)(3), (b)(5), and (c)(5). c. By adding the phrase “or a main-dish product” after the phrase “a meal-type product” in paragraph (c)(1)(i). § 317.361 [Amended] 7. Section 317.361 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 317.313(m),” after the phrase “meal-type products as defined in § 317.313(l)”, whenever it occurs in the introductory text of paragraphs (b)(2), (b)(4), and (b)(6). b. By adding the phrase “and main-dish product as defined in § 317.313(m)” after the phrase “meal-type product as defined in § 317.313(l)”, whenever it occurs in the introductory text of paragraphs (b)(3), (b)(5), and (b)(7). c. By adding the phrase “or a main-dish product” after the phrase “a meal-type product” in paragraph (b)(1)(i). § 317.362 [Amended] 8. Section 317.362 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 317.313(m)” after the phrase “meal-type products as defined in § 317.313(l)”, whenever it occurs in the introductory text of paragraphs (b)(2), (b)(4), (c)(2), (c)(4), (d)(2), (d)(4), (e)(1), and (e)(2). b. By adding the phrase “and main-dish product as defined in § 317.313(m)” after the phrase “meal-type product as defined in § 317.313(l)”, whenever it occurs in the introductory text of paragraphs (b)(3), (b)(5), (c)(3), (c)(5), (d)(1)(i), (d)(1)(iii), (d)(3), and (d)(5). c. By adding the phrase “or a main-dish product” after the phrase “a meal-type product”, in paragraphs (b)(1)(i) and (c)(1)(i). § 317.363 [Amended] 9. Section 317.363 is amended as follows: a. By adding the phrase “main-dish product, as defined in § 317.313(m), and before the phrase “a meal-type product, as defined in § 317.313(l)” in the introductory text of paragraph (b)(2)(i) and (b)(3)(i). b. By removing the phrase “meal-type product, as defined in § 317.313(l),” and adding the phrase “main-dish product, as defined in § 317.313(m),” in its place in paragraph (b)(4)(i) and by removing the phrase “meal-type products that weigh at least 6 oz. but” and adding the phrase “main-dish products that weigh” in its place in paragraph (b)(4)(i). c. By removing the phrase “and including meal-type products that weigh 10 oz. or more per serving (container),” in paragraph (b)(4)(ii). PART 381—POULTRY PRODUCTS INSPECTION REGULATIONS 10. The authority citation for Part 381 continues to read as follows: Authority: 7 U.S.C. 138f, 450; 21 U.S.C. 451-470; 7 CFR 2.18, 2.53. 11. Section 381.409 is amended as follows: a. By removing the phrase “and meal-type products” in paragraph (b)(7)(iv). b. By revising paragraph (b)(12) to read as follows: § 381.409 Nutrition label content.

(b)* * *

(12)The serving size for meal-type products and main-dish products as defined in § 381.413(l) and § 381.413

(m)in single-serve containers will be the entire edible content of the package. Serving size for meal-type products and main-dish products in multi-serve containers will be based on the reference amount applicable to the product in § 381.412(b) if the product is listed in § 381.412(b). Serving size for meal-type products and main-dish products in multi-serve containers that are not listed in § 381.412(b) will be based on the reference amount according to § 381.412(c), (d), and (e). 12. Section 381.413 is amended by revising paragraph

(1)and by adding paragraph

(m)to read as follows: § 381.413 Nutrient content claims; general principles.

(1)For purposes of making a claim, a “meal-type” product will be defined as a product that:

(1)Makes a major contribution to the diet by:

(i)Weighing at least 10 ounces per labeled serving; and

(ii)Containing not less than three 40 gram portions of food, or combinations of foods, from two or more of the following four food groups, except as noted in paragraph (l)(1)(ii)(E) of this section:

(A)Bread, cereal, rice, and pasta;

(B)Fruits and vegetables;

(C)Milk, yogurt, and cheese;

(D)Meat, poultry, fish, dry beans, eggs, and nuts; except that:

(E)These foods will not be sauces (except for foods in the four food groups in paragraph (l)(1)(ii)(A) through

(D)of this section, that are in the sauces), gravies, condiments, relishes, pickles, olives, jams, jellies, syrups, breadings, or garnishes; and

(2)Is represented as, or is in the form commonly understood to be, a breakfast, lunch, dinner, meal, or entrèe. Such representations may be made by statements, photographs, or vignettes.

(m)For purposes of making a claim, a “main-dish” product will be defined as a food that:

(1)Makes a major contribution to the meal by:

(i)Weighing at least 6 ounces per labeled serving; and

(ii)Containing not less than 40 grams of food, or combinations of foods, from two or more of the following four food groups, except as noted in paragraph (m)(1)Iii)(E) of this section.

(A)Bread, cereal, rice, and pasta;

(B)Fruits and vegetables;

(C)Milk, yogurt, and cheese;

(D)Meat, poultry, fish, dry beans, eggs, and nuts; except that:

(E)These foods will not be sauces (except for foods in the four food groups in paragraph (m)(1)(ii)(A) through

(D)of this section, that are in the sauces), gravies, condiments, relishes, pickles, olives, jams, jellies, syrups, breadings, or garnishes; and

(2)Is represented as, or is in a form commonly understood to be, a main dish ( *e.g.* , not a beverage or a dessert). Such representations may be made by statements, photographs, or vignettes. § 381.454 [Amended] 13. Section 381.454 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 381.413(m)” after the phrase “meal-type products as defined in § 381.413(l)”, wherever it occurs in the introductory text of paragraphs (b)(1), (e)(1), and (e)(2). b. By adding the phrase “and main-dish products as defined in § 317.313(m)” after the phrase “meal-type products as described in § 317.413(l)”, of paragraph (c)(1). c. By adding the phrase “and main-dish product as defined in § 381.413(m)” after the phrase “meal-type product as defined in § 381.413(l)”, whenever it occurs in the introductory text of paragraphs (b)(2) and (c)(2). d. By adding the phrase “or in a main-dish product” after the phrase “meal-type product” in paragraphs (d)(1) and (e)(2)(ii)(B). § 381.456 [Amended] 14. Section 381.456 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 381.413(m)” after the phrase “meal-type products as defined in § 318.413(l)”, whenever it occurs in paragraph

(b)introductory text and paragraph (c)(3). b. By adding the phrase “and main-dish product as defined in § 381.413(m)” after the phrase “meal-type product as defined in § 381.413(l)”, whenever it occurs in paragraph (d)(1) introductory text and paragraph (d)(2)(i). § 381.460 [Amended] 15. Section 381.460 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 318.413(m)” after the phrase “meal-type products as defined in § 381.413(l)”, whenever it occurs in the introductory text of paragraphs (b)(2), (b)(4), and (c)(4). b. By adding the phrase “and main-dish product as defined in § 381.413(m)” after the phrase “meal-type product as defined in § 381.413(l)”, whenever it occurs in the introductory text of paragraphs (b)(3), (b)(5), and (c)(5). c. By adding the phrase “or a main-dish product” after the phrase “a meal-type product” in paragraph (c)(1)(i). § 381.461 [Amended] 16. Section 381.461 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 381.413(m),” after the phrase “meal-type products as defined in § 381.413(l)”, whenever it occurs in the introductory text of paragraphs (b)(2), (b)(4), and (b)(6). b. By adding the phrase “and main-dish product as defined in § 381.413(m)” after the phrase “meal-type product as defined in § 381.413(l)”, whenever it occurs in the introductory text of paragraphs (b)(3), (b)(5), and (b)(7). c. By adding the phrase “or a main-dish product” after the phrase “a meal-type product” in paragraph (b)(1)(i). § 381.462 [Amended] 17. Section 381.462 is amended as follows: a. By adding the phrase “and main-dish products as defined in § 381.413(m)” after the phrase “meal-type products as defined in § 381.413(l)”, whenever it occurs in the introductory text of paragraphs (b)(2), (b)(4), (c)(2), (c)(4), (d)(2), (d)(4), (e)(1) and (e)(2). b. By adding the phrase “and main-dish product as defined in § 381.413(m)” after the phrase “meal-type product as defined in § 381.413(l)”, whenever it occurs in the introductory text of paragraphs (b)(3), (b)(5), (c)(3), (c)(5), (d)(1)(i), (d)(1)(iii), (d)(3), and (d)(5). c. By adding the phrase “or a main-dish product” after the phrase “a meal-type product”, in paragraphs (b)(1)(i) and (c)(1)(i). § 381.463 [Amended] 18. Section 381.463 is amended as follows: a. By adding the phrase “main-dish product, as defined in § 381.413(m), and” before the phrase “meal-type product, as defined in § 381.413(l)” in the introductory text of paragraph (b)(2)(i) and (b)(3)(i). b. By removing the phrase “meal-type product, as defined in § 381.413(l),” and adding the phrase “main-dish product, as defined in § 381.413(m),” in its place in paragraph (b)(4)(i) and by removing the phrase “meal-type products that weigh at least 6 oz. but” and adding the phrase “meal-type products that weigh” in its place in paragraph (b)(4)(i). c. By removing the phrase “and including meal-type products that weigh 10 oz. or more per serving container.” in paragraph (b)(4)(ii). Done at Washington, DC, on: September 27, 2004. Barbara J. Masters, Acting Administrator. [FR Doc. 04-22028 Filed 9-30-04; 8:45 am]

Connectionstraces to 6

Traces to 6 documents

U.S. Code

CFR