Environmental Impact Statement for the Proposed Rule, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption; Public Meeting on Scoping of Environmental Impact Statement and Extension of Comment Period for Environmental Impact Statement

Federal Register, Volume 79 Issue 47 (Tuesday, March 11, 2014)

Federal Register Volume 79, Number 47 (Tuesday, March 11, 2014)

Proposed Rules

Pages 13593-13598

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2014-05181

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 16 and 112

Docket No. FDA-2011-N-0921

RIN 0910-AG35

Environmental Impact Statement for the Proposed Rule, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption; Public Meeting on Scoping of Environmental Impact Statement and Extension of Comment Period for Environmental Impact Statement

AGENCY: Food and Drug Administration, HHS.

ACTION: Notification of public scoping meeting; extension of comment period for the Environmental Impact Statement.

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SUMMARY: The Food and Drug Administration (FDA or we) is announcing the extension of the public scoping period for Environmental Impact Statement (EIS), as well as a public scoping meeting to discuss the scope of the EIS for the proposed rule to establish standards for growing, harvesting, packing, and holding of produce for human consumption. FDA is holding a public scoping meeting as part of our ongoing efforts to seek public input on the issues and alternatives that we should consider when preparing the EIS and to provide information about the EIS process (including how to submit comments, data, and other information to the rulemaking docket), to solicit oral stakeholder and public comments on the scope of the EIS, and to respond to questions about the EIS.

DATES: See section II, ``How to Participate in the Public Meeting'' in the SUPPLEMENTARY INFORMATION section of this document for date and time of the public meeting, closing dates for advance registration, and information on deadlines for submitting either electronic or written comments to FDA's Division of Dockets Management.

Comments on the scope of issues the Agency should include in the EIS may be submitted until April 18, 2014.

ADDRESSES: See section II, ``How to Participate in the Public Meeting'' in the SUPPLEMENTARY INFORMATION section of this document. You may submit comments on the scope of issues the Agency should include in the EIS, identified by Docket No. FDA-2011-N-0921 and/or Regulatory Information Number (RIN) 0910-AG35, by any of the following methods:

Electronic Submissions

Submit electronic comments in the following way:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments.

Written Submissions

Submit written submissions in the following ways:

Mail/Hand delivery/Courier (for paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

Instructions: All submissions received must include the Agency name and Docket No. FDA-2011-N-0921, and RIN 0910-AG35 for this rulemaking. All comments received may be posted without change to http://www.regulations.gov, including any personal information provided. For additional information on submitting comments, see the ``Request for Comments'' heading of the SUPPLEMENTARY INFORMATION section of this document.

Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the ``Search'' box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: For questions about registering for the meeting, to register by phone, or to submit a notice of participation by mail, FAX or email: Rick Williams, c/o FDA EIS, 72 Loveton Circle, Sparks, MD 21152, 410-316-2377; FAX: 410-472-3289, email: RWilliams@jmt.com.

For general questions about the meeting, to request an opportunity to make an oral presentation at the public meeting, to submit the full text, comprehensive outline, or summary of an oral presentation, or for special accommodations due to a disability: Cynthia Wise, Center for Food Safety and Applied Nutrition (HFS-009), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-

402-1357, email: cynthia.wise@fda.hhs.gov.

For further information about comments for the docket: Annette McCarthy, Center for Food Safety and Applied Nutrition (HFS-205), Food and Drug Administration, 5100 Paint Branch Pkwy., College Park, MD 20740, 240-402-1200.

SUPPLEMENTARY INFORMATION:

  1. Background

    The FDA Food Safety Modernization Act (FSMA) (Pub. L. 111-353), signed into law by President Obama on January 4, 2011, enables FDA to better protect public health by helping to ensure the safety and security of the food supply. FSMA amends the Federal Food, Drug, and Cosmetic Act (the FD&C Act) to establish the foundation of a modernized, prevention-based food safety system. As part of our implementation of FSMA, we published the Proposed Rule, Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (hereafter referred to as ``the Produce Safety proposed rule'') to establish science-based minimum standards for the safe growing, harvesting, packing, and holding of produce (78 FR 3503, January 16, 2013). We recently announced plans to propose revised rule language for key parts of the Produce Safety proposed rule, including those related to water quality and the use of raw manure and compost (Ref. 1).

    In publishing the Produce Safety proposed rule, we relied on a categorical exclusion from the need to prepare an Environmental Assessment or EIS under 21 CFR 25.30(j) (78 FR 3503 at 3616). However, on August 19, 2013, we issued a Notice of Intent to Prepare an Environmental Impact Statement for the Proposed Rule, Standards for Growing, Harvesting, Packing, and Holding of Produce for Human Consumption (NOI), based on additional information, including comments received, and upon further analysis. In the NOI, we explained that FDA has determined that the proposed action may significantly affect the quality of the human environment (21 CFR 25.22(b)), and therefore, an EIS is necessary for the final rule (78 FR 50358, August 19, 2013). In the NOI, FDA also announced the beginning of the scoping process and solicited public comments to identify issues to be analyzed in an EIS. The NOI asked for public comment by

    Page 13594

    November 15, 2013, and FDA later extended the deadline for the public scoping period to March 15, 2014 (78 FR 69006, November 18, 2013). FDA is again extending the public scoping period to allow FDA to hold an upcoming public scoping meeting.

    In this Federal Register notice, we are addressing the scope of issues for discussion at the public scoping meeting for the purpose of assisting us in determining which issues are significant and will be analyzed in depth in the EIS (see 40 CFR 1501.7). Based on a preliminary review of comments, currently available information, and our analysis of the proposed provisions, we summarize in this document those provisions of the Produce Safety proposed rule that may significantly affect the quality of the human environment, which provisions we would include for detailed study in the EIS. In addition, as required under the National Environmental Policy Act (NEPA) and its implementing regulations, we also identify a range of potential alternatives for each issue that we plan to consider in the EIS. These are set out in table 1. We note that this EIS process is required under NEPA and is distinct from and in addition to the process FDA has announced to revise parts of the propose rule and seek comment on the revisions.

    1. Microbial Standard for Agricultural Water Used During Growing Activities for Covered Produce (Other Than Sprouts) Using a Direct Water Application Method

    Proposed Sec. 112.44(c) states, ``When agricultural water is used during growing activities for covered produce (other than sprouts) using a direct water application method you must test the quality of water in accordance with one of the appropriate analytical methods in subpart N. If you find that there is more than 235 colony forming units (CFU) (or most probable number (MPN), as appropriate) generic Escherichia coli per 100 mL for any single sample or a rolling geometric mean (n=5) of more than 126 CFU (or MPN, as appropriate) per 100 mL of water, you must immediately discontinue use of that source of agricultural water and/or its distribution system for the uses described in this paragraph. Before you may use the water source and/or distribution system again for the uses described in this paragraph, you must either re-inspect the entire agricultural water system under your control, identify any conditions that are reasonably likely to introduce known or reasonably foreseeable hazards into or onto covered produce or food-contact surfaces, make necessary changes, and retest the water to determine if your changes were effective; or treat the water in accordance with the requirements of Sec. 112.43.'' (Proposed Sec. 112.3(c) defines ``direct water application method'' as using agricultural water in a manner whereby the water is intended to, or is likely to, contact covered produce or food-contact surfaces during use of the water.) In addition, proposed Sec. 112.43 includes requirements for treating agricultural water.

    As noted in the NOI, public comments state that, in some regions, current irrigation practices use water that is unlikely to meet the proposed microbial standards for much, if not all, of the growing season. Consequently, if such standards are finalized, ground water is likely to be explored as a viable alternative water source for irrigation in these regions. Given recently highlighted concerns of ground water depletion in certain regions, FDA has determined that an increased use of ground water for irrigation, in response to the microbial standard in Sec. 112.44(c), may significantly affect the quality of the human environment in those regions (78 FR 50358 at 50359).

    In addition, our proposed requirements for treatment of water in Sec. 112.43, in the context of the microbial standard, may result in changes in current practices that may significantly affect the quality of the human environment (for example, if treated tail waters are not contained or if treated effluent is not properly discharged). Therefore, we plan to consider the possible environmental impacts in the EIS resulting from these proposed provisions in addition to the environmental impacts from a range of potential alternatives to the water quality microbial standard proposed in Sec. 112.44(c).

    2. Minimum Application Intervals for Biological Soil Amendments of Animal Origin

    Proposed Sec. 112.56 states, in part, ``If the biological soil amendment of animal origin is untreated, then the biological soil amendment of animal origin must be applied in a manner that does not contact covered produce during application and minimizes the potential for contact with covered produce after application, and then the minimum application interval is 9 months'' (proposed Sec. 112.56(a)(1)(i)); and ``if the biological soil amendment of animal origin is treated by a composting process in accordance with the requirements of Sec. 112.54(c) to meet the microbial standard in Sec. 112.55(b), then the biological soil amendment of animal origin must be applied in a manner that minimizes the potential for contact with covered produce during and after application, and then the minimum application interval is 45 days'' (proposed Sec. 112.56(a)(4)(i)). Proposed Sec. 112.54 includes provisions for acceptable treatment processes for biological soil amendments of animal origin.

    Several comments received thus far have urged FDA to reevaluate the application restrictions for biological soil amendments of animal origin, which are based on the likelihood of the soil amendment harboring pathogens. As noted in the NOI, these proposed requirements, if finalized, are expected to result in changes in current use of treated and untreated biological soil amendments of animal origin or potentially greater use of synthetic fertilizers (78 FR 50358 at 50359). Changes in the type or handling of soil amendments, in response to the minimum application intervals, may significantly affect the quality of the human environment. Therefore, we plan to consider the possible environmental impacts in the EIS resulting from these proposed provisions in addition to the environmental impacts from a range of potential alternatives to the minimum application intervals proposed in Sec. 112.56(a)(1)(i) and (a)(4)(i).

    3. Measures Related to Animal Grazing and Animal Intrusion

    Proposed Sec. 112.82 states, in part, ``At a minimum, if you allow animals to graze or use them as working animals in fields where covered produce is grown, and under the circumstances there is a reasonable probability that grazing or working animals will contaminate covered produce, you must take the following measures: (

    1. An adequate waiting period between grazing and harvesting for covered produce in any growing area that was grazed to ensure the safety of the harvested crop.''

    Proposed Sec. 112.83(b) states, ``If animal intrusion, as made evident by observation of significant quantities of animals, animal excreta or crop destruction via grazing, occurs, you must evaluate whether the covered produce can be harvested in accordance with the requirements of Sec. 112.112.'' Further, proposed Sec. 112.112 states: ``You must take all measures reasonably necessary to identify, and not harvest, covered produce that is reasonably likely to be contaminated with a known or reasonably foreseeable hazard, including steps to identify and not harvest covered produce that is visibly contaminated with animal excreta.''

    Page 13595

    We have received comments stating that these proposed requirements could potentially result in changes in current practices that would not be consistent with wildlife conservation practices and, thus, may adversely affect wildlife, including endangered and threatened species. Therefore, we plan to consider the possible environmental impacts in the EIS resulting from these proposed provisions in addition to the environmental impacts from a range of potential alternatives to the measures proposed in Sec. 112.82(a) and Sec. 112.83(b).

    4. Scope of Proposed Rule and Implications to Land Use and Land Management

    Under proposed Sec. 112.4(a), farms with $25,000 or less of annual value of food sold are excluded from coverage of the rule. Comments to the Produce Safety proposed rule that raised environmental concerns in relation to the Produce Safety proposed rule requested that we consider increasing the $25,000 threshold to exclude a larger number of farms from the proposed rule and, thus, reduce overall environmental impacts of the rule. Comments also suggested that the Produce Safety rule, if finalized as proposed, would cause small farmers to go out of business and potentially result in negative environmental impacts due to changes in land use or land management. Therefore, we plan to consider the possible environmental impacts in the EIS resulting from this proposed provision in addition to the environmental impacts of potential alternatives to the $25,000 threshold for out-of-scope farms proposed in Sec. 112.4(a).

    Table 1 provides a list of potential alternatives to each of the issues discussed previously. This table is not intended to provide a comprehensive list of issues and potential alternatives, but rather is intended to provide a range of options for environmental consideration in the EIS. We invite comment, as part of the scoping process, on whether there are other issues we should consider for indepth analysis in the EIS and any alternatives to those issues.

    Table 1--List of Issues and Corresponding Potential Alternatives To Be

    Considered in the Environmental Impact Statement for the Produce Safety

    Rule

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    Potential

    Issue Proposed action alternatives

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    1. Microbial standard for A. Proposed Sec. i. No action.

    agricultural water. 112.44(c), which ii. As proposed,

    states: i.e., no more than

    ``When agricultural 235 colony forming

    water is used units (CFU) (or

    during growing most probable

    activities for number (MPN), as

    covered produce appropriate)

    (other than generic E. coli per

    sprouts) using a 100 mL for any

    direct water single sample or a

    application method rolling geometric

    you must test the mean (n=5) of more

    quality of water in than 126 CFU (or

    accordance with one MPN, as

    of the appropriate appropriate) per

    analytical methods 100 mL of water.

    in subpart N. If iii. A detectable

    you find that there generic limit E.

    is more than 235 coli per 100 mL

    colony forming less stringent than

    units (CFU) (or proposed.

    most probable iv. A flexible water

    number (MPN), as quality standard

    appropriate) that allows for

    generic E. coli per adjustment to a

    100 mL for any specified microbial

    single sample or a quality standard

    rolling geometric based on mitigation

    mean (n=5) of more steps that occur

    than 126 CFU (or after application

    MPN, as of agricultural

    appropriate) per water and prior to

    100 mL of water, consumption. For

    you must example, the World

    immediately Health Organization

    discontinue use of recommends a

    that source of minimum microbial

    agricultural water quality for water

    and/or its of 1,000 CFU

    distribution system generic E. coli per

    for the uses 100 mL for water

    described in this used on root crops

    paragraph''. that are eaten raw,

    See discussion in 78 and 10,000 CFU

    FR 3503 at 3568- generic E. coli per

    3569.. 100 mL for water

    (Proposed Sec. used on leaf crops,

    112.3(c) defines which is dependent

    ``direct water upon a 2-log

    application reduction due to

    method'' as using die-off between

    agricultural water last irrigation and

    in a manner whereby consumption

    the water is (includes die-off

    intended to, or is in the field and

    likely to, contact during

    covered produce or distribution) and a

    food-contact 1-log reduction

    surfaces during use attributed to

    of the water.). washing prior to

    consumption.

    v. For each of the

    options mentioned,

    consider the

    environmental

    impacts of two

    different

    interpretations of

    the definition of

    ``direct water

    application

    method'' in Sec.

    112.3(c): (1) To

    include root crops

    that are drip

    irrigated; and (2)

    to exclude root

    crops that are drip

    irrigated.

    2. Minimum application A. Proposed Sec. i. No action.

    intervals for biological 112.56(a)(1)(i), ii. As proposed,

    soil amendments of animal which states: i.e., applied in a

    origin. ``If the biological manner that does

    soil amendment of not contact covered

    animal origin is produce during

    untreated, then the application and

    biological soil minimizes the

    amendment of animal potential for

    origin must be contact with

    applied in a manner covered produce

    that does not after application,

    contact covered and then the

    produce during minimum application

    application and interval is 9

    minimizes the months.

    potential for iii. Applied in a

    contact with manner that does

    covered produce not contact covered

    after application, produce during

    and then the application and

    minimum application minimizes the

    interval is 9 potential for

    months''. contact with

    See discussion in 78 covered produce

    FR 3503 at 3581, after application,

    3582.. and then the

    minimum application

    interval is 0 days.

    iv. U.S. Department

    of Agriculture's

    National Organic

    Program (USDA/NOP)

    application

    intervals for the

    use of raw manure

    as a soil

    amendment, i.e., 90

    days or 120 days

    before harvest,

    depending on

    whether or not the

    edible portion of

    the crop has direct

    contact with the

    soil (as specified

    in 7 CFR

    205.203(c)(1)).

    Page 13596

    v. Applied in a

    manner that does

    not contact covered

    produce during

    application and

    minimizes the

    potential for

    contact with

    covered produce

    after application,

    and then the

    minimum application

    interval is 6

    months.

    vi. Applied in a

    manner that does

    not contact covered

    produce during

    application and

    minimizes the

    potential for

    contact with

    covered produce

    after application,

    and then the

    minimum application

    interval is 12

    months.

    1. Proposed Sec. i. No action.

      112.56(a)(4)(i),

      which states:

      ``If the biological ii. As proposed,

      soil amendment of i.e., applied in a

      animal origin is manner that

      treated by a minimizes the

      composting process potential for

      in accordance with contact with

      the requirements of covered produce

      Sec. 112.54(c) to during and after

      meet the microbial application, and

      standard in Sec. then the minimum

      112.55(b), then the application

      biological soil interval is 45

      amendment of animal days.

      origin must be iii. Applied in a

      applied in a manner manner that

      that minimizes the minimizes the

      potential for potential for

      contact with contact with

      covered produce covered produce

      during and after during and after

      application, and application, and

      then the minimum then the minimum

      application application

      interval is 45 interval is 0 days.

      days''. iv. Applied in a

      See discussion in 78 manner that

      FR 3503 at 3583.. minimizes the

      potential for

      contact with

      covered produce

      during and after

      application, and

      then the minimum

      application

      interval is 90

      days.

      3. Measures related to A. Proposed Sec. i. No action.

      animal grazing and animal 112.82(a), which ii. As proposed,

      intrusion. states: i.e., an adequate

      ``An adequate waiting period

      waiting period between grazing and

      between grazing and harvesting.

      harvesting for iii. A minimum

      covered produce in waiting period of 9

      any growing area months, consistent

      that was grazed to with proposed Sec.

      ensure the safety 112.56(a)(1)(i)

      of the harvested for the use of raw

      crop''. manure as a soil

      See discussion in 78 amendment.

      FR 3503 at 3587.. iv. A minimum

      waiting period of

      90 days and 120

      days, consistent

      with the USDA/NOP-

      specified

      application

      intervals for the

      use of raw manure

      as a soil

      amendment.

    2. Proposed Sec. i. No action.

      112.83(b), which ii. As proposed,

      states: i.e., if animal

      intrusion occurs,

      you must evaluate

      whether the covered

      produce can be

      harvested, and you

      must take all

      measures reasonably

      necessary to

      identify, and not

      harvest, covered

      produce that is

      reasonably likely

      to be contaminated.

      iii. If animal

      intrusion is

      reasonably likely

      to occur, take

      measures to exclude

      animals from fields

      where covered

      produce is grown.

      ``If animal

      intrusion, as made

      evident by

      observation of

      significant

      quantities of

      animals, animal

      excreta or crop

      destruction via

      grazing, occurs,

      you must evaluate

      whether the covered

      produce can be

      harvested in

      accordance with the

      requirements of

      Sec. 112.112''.

      See discussion in 78

      FR 3503 at 3587..

      4. Scope of proposed rule A. Proposed Sec. i. No action.

      and implications to land 112.4(a), which ii. As proposed,

      use. excludes farms with i.e., farms with

      $25,000 or less of $25,000 or less of

      annual value of annual value of

      food sold from food sold are

      coverage of the excluded from

      rule. coverage of the

      See discussion in 78 rule.

      FR 3503 at 3549.. iii. Farms with

      $50,000 or less of

      annual value of

      food sold are

      excluded from

      coverage of the

      rule.

      iv. Farms with

      $100,000 or less of

      annual value of

      food sold are

      excluded from

      coverage of the

      rule.

      v. Farms with

      $25,000 or less of

      annual value of

      covered produce

      sold are excluded

      from coverage of

      the rule.

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

  2. How To Participate in the Public Meeting

    FDA is holding the public meeting on the scope of the EIS for the proposed rule to establish standards for growing, harvesting, packing, and holding of produce for human consumption to inform the public of the provisions of the proposed rule that may significantly affect the quality of the human environment and anticipated alternatives we plan to consider in the EIS, to provide information about the EIS process (including how to submit comments, data, and other information to the rulemaking docket), to solicit oral stakeholder and public comments on the scope of the EIS, and to respond to questions about the EIS. The meeting will be held on April 4, 2014, from 1 p.m. until 5 p.m., at Wiley Auditorium,

    Page 13597

    Harvey W. Wiley Federal Bldg., 5100 Paint Branch Pkwy., College Park, MD 20740. Due to limited space and time, FDA encourages all persons who wish to attend the meeting to register early and in advance of the meeting. There is no fee to register for the public meeting, and registration will be on a first-come, first-served basis. Onsite registration will be accepted, as space permits, after all preregistered attendees are seated.

    Those requesting an opportunity to make an oral presentation during the time allotted for public comment at the meeting are asked to submit a request in advance and to provide information about the specific topic or issue to be addressed. Due to the anticipated high level of interest in presenting public comments and the limited time available, FDA is allocating 4 minutes to each speaker to make an oral presentation. FDA will provide opportunities to submit written comments at the meeting; there will not be an opportunity to display materials such as slide shows, videos, or other media during the meeting. If time permits, individuals or organizations that did not register in advance may be granted the opportunity to make an oral presentation. FDA would like to maximize the number of individuals who make a presentation at the meeting and will do our best to accommodate all persons who wish to make a presentation or express their opinions at the meeting. A court recorder will be available on the meeting premises to accept additional oral remarks.

    FDA encourages persons and groups who have similar interests to consolidate their information for presentation by a single representative. After reviewing the presentation requests, FDA will notify each participant before the meeting of the approximate time their presentation is scheduled to begin, and remind them of the presentation format (i.e., 4-minute oral presentation without visual media).

    While oral presentations from specific individuals and organizations will be necessarily limited due to time constraints during the public meeting, stakeholders may submit electronic or written comments discussing any issues of concern to the administrative record (the docket) for the rulemaking. All relevant data and documentation should be submitted with the comments to Docket No. FDA-

    2011-N-0921.

    Table 2 of this document provides information on participation in the public meetings:

    Table 2--Information on Participation in the Meetings and on Submitting Comments to the Rulemaking Dockets

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

    Date Electronic address Address Other information

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

    College Park, MD Public meeting. April 4, 2014, http://www.fda.gov/ Wiley Auditorium,

    from 1 p.m. to 5 Food/NewsEvents/ Harvey W. Wiley

    p.m. WorkshopsMeetings Federal Bldg.,

    Conferences/ 5100 Paint Branch

    default.htm. Pkwy., College

    Park, MD 20740.

    Deadline for registration....... March 28, 2014.... http://www.fda.gov/ We encourage you There is no

    Food/NewsEvents/ to use electronic registration fee

    WorkshopsMeetings registration if for the public

    Conferences/ possible.\1\ meetings. Early

    default.htm registration is

    Docket No. FDA- recommended

    2011-N-0921. because seating

    is limited.

    Request to make a Public Comment March 28, 2014.... http://www.fda.gov/ .................. Requests made on

    Food/NewsEvents/ the day of the

    WorkshopsMeetings meeting to make

    Conferences/ an oral

    default.htm.\2\ presentation will

    be granted as

    time permits.

    Information on

    requests to make

    an oral

    presentation may

    be posted without

    change to http://www.regulations.gov ov, including any

    personal

    information

    provided.

    Request special accommodations March 28, 2014.... Cynthia Wise, See FOR FURTHER

    due to a disability. email: INFORMATION

    cynthia.wise@fda. CONTACT.

    hhs.gov.

    Closing date for comments....... April 18, 2014.

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

    \1\ For questions about registering for the meeting, to register by phone, or to submit a notice of

    participation by mail, FAX or email, contact: Rick Williams, c/o FDA EIS, 72 Loveton Circle, Sparks, MD 21152;

    410-316-2377; FAX: 410-472-3289; email: RWilliams@jmt.com.

    \2\ You may also request to make an oral presentation at the public meeting via email. Please include your name,

    title, firm name, address, and phone and FAX numbers as well as the full text, comprehensive outline, or

    summary of your oral presentation and send to: Cynthia Wise, Center for Food Safety and Applied Nutrition,

    Food and Drug Administration, 5100 Paint Branch Pkwy, College Park, MD 20740, 240-402-1357, email:

    cynthia.wise@fda.hhs.gov.

  3. Comments, Transcripts, and Recorded Video

    Information and data submitted voluntarily to FDA during the public meeting will become part of the administrative record for the relevant rulemaking and will be accessible to the public at http://www.regulations.gov. The transcript of the proceedings from the public meeting will become part of the administrative record for each relevant rulemaking. Please be advised that as soon as a transcript is available, it will be accessible at http://www.regulations.gov and at FDA's FSMA Web site at: http://www.fda.gov/Food/GuidanceRegulation/FSMA/default.htm. It may also be viewed at the Division of Dockets Management (see ADDRESSES). A transcript will also be available in either hardcopy or on CD-ROM, after submission of a Freedom of Information request. Written requests are to be sent to the Division of Freedom of Information (ELEM-1029), 12420 Parklawn Dr., Element Bldg., Rockville, MD 20857. Additionally, FDA will be live Webcasting and recording the public meeting. Once the recorded video is available, it will be accessible at FDA's FSMA Web site at http://www.fda.gov/Food/

    Page 13598

    GuidanceRegulation/FSMA/default.htm.

  4. Request for Comments

    Interested persons may submit either electronic comments regarding the issues to be included in the EIS for the proposed rule to http://www.regulations.gov or written comments to the Division of Dockets Management (see ADDRESSES). It is only necessary to send one set of comments. Identify comments with the docket number found in brackets in the heading of this document. Received comments may be seen in the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

  5. Reference

    The following reference has been placed on display in the Division of Dockets Management (see ADDRESSES) and may be seen by interested persons between 9 a.m. and 4 p.m., Monday through Friday and is available electronically at http://www.regulations.gov.

    1. Statement from FDA Deputy Commissioner for Foods and Veterinary Medicine, Michael Taylor, on Key Provisions of the Proposed FSMA Rules Affecting Farmers. December 19, 2013, available from http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm379397.htm?source=govdelivery&utm_medium=email&utm_source=govdelivery.

    Dated: March 5, 2014.

    Leslie Kux,

    Assistant Commissioner for Policy.

    FR Doc. 2014-05181 Filed 3-10-14; 8:45 am

    BILLING CODE 4160-01-P

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