[Federal Register Volume 71, Number 227 (Monday, November 27, 2006)]
[Rules and Regulations]
[Pages 68431-68432]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19962]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 71, No. 227 / Monday, November 27, 2006 / 
Rules and Regulations  

[[Page 68431]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 60

[Docket Number LS-03-04]
RIN 0581-AC26


Mandatory Country of Origin Labeling of Fish and Shellfish

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Interim final rule; reopening of comment period.

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

SUMMARY: The Agricultural Marketing Service (AMS) is reopening the 
comment period for 90 days for the interim final rule for mandatory 
country of origin labeling (COOL) for fish and shellfish covered 
commodities that was published in the Federal Register on October 5, 
2004 (69 FR 59708). The interim final rule for fish and shellfish 
became effective on April 4, 2005. The interim final rule imposes 
requirements on certain retailers and their suppliers to notify their 
customers of the country of origin and the method of production (wild 
and/or farm-raised) of specified fish and shellfish products. The 
interim final rule also specifies recordkeeping responsibilities for 
affected retailers and their suppliers. AMS requests general comment on 
the costs and benefits of the interim final rule as well as the 
specific questions that are listed in this document. All affected 
persons are hereby given notice of the opportunity to submit written 
data and views concerning the economic impacts of the interim final 
rule. AMS will review the submitted comments and information as it 
promulgates a final rule for mandatory COOL for fish and shellfish. 
Comments received on issues that are outside the scope of the costs and 
benefits of the interim final rule will not be considered.

DATES: Comments must be submitted on or before February 26, 2007, to be 
assured of consideration.

ADDRESSES: Send written comments to: Country of Origin Labeling 
Program, Room 2607-S; Agricultural Marketing Service (AMS), USDA; STOP 
0254; 1400 Independence Avenue, SW., Washington, DC 20250-0254, or by 
facsimile to (202) 720-1112, or by e-mail to [email protected]. Comments 
can also be submitted on the Internet at: http://www.regulations.gov. 
Comments received will be posted to the AMS Web site at: http://www.ams.usda.gov/cool/. Comments sent to the above location that 
specifically pertain to the information collection and recordkeeping 
requirements should also be sent to the Desk Officer for Agriculture, 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), New Executive Office Building, 725 17th Street, NW., Room 
725, Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Martin O'Connor, Chief, Standards, 
Analysis and Technology Branch, Livestock and Seed Program, AMS, USDA, 
by telephone on (202) 720-4486, or via e-mail to: 
[email protected].

SUPPLEMENTARY INFORMATION: The Farm Security and Rural Investment Act 
of 2002 (Farm Bill)(Pub. L. 107-171) and the 2002 Supplemental 
Appropriations Act (Appropriations Act)(Pub. L. 107-206) amended the 
Agricultural Marketing Act of 1946 (7 U.S.C. 1621 et seq.) by adding 7 
U.S.C. 1638-1638d to direct the Secretary of Agriculture to promulgate 
regulations by September 30, 2004, requiring retailers to notify their 
customers of the country of origin of covered commodities. On October 
30, 2003, AMS published a proposed rule for mandatory COOL for beef, 
lamb, pork, fish, perishable agricultural commodities, and peanuts (68 
FR 61944). Subsequently, the FY 2004 Consolidated Appropriations Act 
(Pub. L. 108-199) delayed the applicability of mandatory COOL for all 
covered commodities except wild and farm-raised fish and shellfish 
until September 30, 2006. The Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act of 2006 
(Pub. L. 109-97) further delayed the applicability of mandatory COOL 
for all covered commodities except wild and farm-raised fish and 
shellfish until September 30, 2008. On October 5, 2004, AMS published 
an interim final rule (69 FR 59708) for the mandatory country of origin 
labeling program for fish and shellfish. The interim final rule became 
effective on April 4, 2005. Comments were requested and were to be 
submitted on or before January 3, 2005.
    In preparation for promulgating a final rule for mandatory COOL for 
fish and shellfish, AMS seeks comment only on the economic impacts of 
the interim final rule at this time. Given that the interim final rule 
has been in effect for more than a year and a half, affected retailers 
and their suppliers now have considerable experience in complying with 
the its requirements. AMS invites affected persons to comment on the 
costs and benefits of the interim final rule. Results of independent 
studies and analyses are also invited. AMS is particularly interested 
in written data, views, and facts pertaining to initial costs to 
implement the requirements of the interim final rule, ongoing costs to 
maintain compliance, the burden of the information collection and 
recordkeeping requirements, and any concomitant benefits resulting from 
the mandatory COOL program. Comments and information received on these 
issues, to the extent relevant, will be reviewed in connection with any 
final regulatory action on a mandatory COOL program for any of the 
other covered commodities. Comments received on issues that are outside 
the scope of the costs and benefits of the interim final rule will not 
be considered.
    While AMS welcomes all comments relating to the economic impacts of 
the implementation of the interim rule, comments addressing the 
following questions are of special interest:

Implementation Costs

    What costs were incurred by affected retailers and their suppliers 
to become compliant with the interim rule? What, if any, changes in 
operational procedures were required to implement the requirements of 
the interim rule?
    What, if any, capital costs were incurred to become compliant with 
the interim rule? Did the interim rule require the purchase of 
additional computer systems, labeling systems, or other equipment?

[[Page 68432]]

    How many labor hours were required to become compliant with the 
interim rule, and what types of labor were required? What types of 
labor activities were required (e.g., strategic planning, software and 
systems development, training), and how much time was spent on each 
activity? What categories of personnel were required, and what were 
costs for each category of labor? What total labor costs were incurred?

Maintenance Costs

    What costs are incurred annually by affected retailers and their 
suppliers to maintain compliance with the interim rule? What, if any, 
changes in operational procedures are required to maintain compliance 
the requirements of the interim rule?
    What capital replacement costs are incurred?
    How many labor hours are incurred annually? What activities are 
performed (e.g., label application, data entry, software maintenance, 
training), and how much time is spent on each activity? What categories 
of personnel are required, and what are costs for each category of 
labor? What total labor costs are incurred?

Benefits

    What economic benefits have resulted from implementation of the 
interim rule?
    Has there been any overall demand response as a result of the 
labeling requirements for country of origin and method of production of 
fish and shellfish?
    What product selection and purchase responses from customers have 
been observed as a result of the labeling program? Do customers seek 
and act on the country of origin and method of production information?
    Have customers modified their purchase decisions based on the 
country of origin for labeled fish and shellfish products? If so, how?
    Have customers modified their purchase decisions based on the 
method of production (farm-raised and/or wild) for labeled fish and 
shellfish products? If so, how?

Net Economic Impact

    What are the net economic impacts resulting from implementation of 
the interim final rule? Are the benefits greater or less than the costs 
of implementation?

    Authority: 7 U.S.C. 1621 et seq.

    Dated: November 20, 2006.
Lloyd C. Day,
Administrator, Agricultural Marketing Service.
 [FR Doc. E6-19962 Filed 11-24-06; 8:45 am]
BILLING CODE 3410-02-P