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products. However, FSIS will not make Done at Washington, DC, on: February 11, is responsible for determining the safety any changes to the performance 2013. of ingredients and sources of irradiation standards for these products until FSIS Alfred V. Almanza, used in the production of meat and has evaluated all comments received Administrator. poultry products, as well as prescribing and has analyzed the results of the new [FR Doc. 2013–05342 Filed 3–6–13; 8:45 am] safe conditions of use. Under the testing. BILLING CODE 3410–DM–P Federal Meat Inspection Act (FMIA) (21 U.S.C. 601, et seq.) and the Poultry USDA Nondiscrimination Statement Products Inspection Act (PPIA) (21 The U.S. Department of Agriculture DEPARTMENT OF AGRICULTURE U.S.C. 451 et seq.), FSIS is responsible (USDA) prohibits discrimination in all for determining the suitability of FDA- its programs and activities on the basis and Inspection Service approved substances in meat and of race, color, national origin, gender, poultry products. Pursuant to a religion, age, disability, political beliefs, 9 CFR Part 424 Memorandum of Understanding (MOU) sexual orientation, and marital or family [Docket No. FSIS–2011–0018] that was implemented in January 2000, status. (Not all prohibited bases apply to FDA and FSIS work together to evaluate RIN 0583–AD47 all programs.) petitions requesting the approval of new substances, or new uses of previously Persons with disabilities who require Food Ingredients and Sources of approved substances, for use in or on alternative means for communication of Radiation Listed and Approved for Use meat and poultry products. The MOU is program information (Braille, large in the Production of Meat and Poultry available for viewing by the public in print, audiotape, etc.) should contact Products the FSIS docket room and on the FSIS USDA’s Target Center at 202–720–2600 AGENCY: Food Safety and Inspection Web site at: http://www.fsis.usda.gov/ (voice and TTY). _ _ Service, USDA. Regulations & Policies/ To file a written complaint of Labeling_FDA_MOU/index.asp. Under ACTION: Final rule. discrimination, write USDA, Office of this MOU, if FDA and FSIS approve an the Assistant Secretary for Civil Rights, SUMMARY: The Food Safety and ingredient for use in meat or poultry 1400 Independence Avenue SW., Inspection Service (FSIS) is amending products, FDA establishes the Washington, DC 20250–9410 or call the Federal meat and poultry products parameters of the approved use under 202–720–5964 (voice and TTY). USDA inspection regulations to remove its regulatory system. FSIS also lists the is an equal opportunity provider and , sodium propionate, substance in FSIS Directive 7120.1, employer. and from the list of ‘‘Safe and Suitable Ingredients Used in the Production of Meat, Poultry, and Egg Additional Public Notification substances that the regulations prohibit for use in meat or poultry products. Products,’’ as part of a comprehensive FSIS will announce this document New uses of these substances in meat or listing of the substances that have been online through the FSIS Web page poultry products will continue to be reviewed and that have been accepted located at http://www.fsis.usda.gov/ approved by the Food and Drug as safe and suitable. (The Directive is regulations_&_policies/ Administration (FDA) for safety and by available at: http://www.fsis.usda.gov/ Federal_Register_Notices/index.asp. FSIS for suitability. FSIS will add OPPDE/rdad/FSISDirectives/ approved uses of these substances to the 7120.1.pdf.) FSIS will also make copies of this The proposed rule also explained Federal Register publication available list of approved substances contained in the Agency’s directive system. that, under FSIS’s regulations, certain through the FSIS Constituent Update, antimicrobial substances are prohibited DATES: which is used to provide information Effective May 6, 2013. for use in meat or poultry products regarding FSIS policies, procedures, FOR FURTHER INFORMATION CONTACT: because these substances have the regulations, Federal Register notices, Charles Williams, Director, Policy potential to conceal damage or FSIS public meetings, and other types of Issuances Division, Office of Policy and inferiority when used at certain levels (9 information that could affect or would Program Development, FSIS, U.S. CFR 424.23(a)(3)). Among these be of interest to constituents and Department of Agriculture, 1400 substances are potassium sorbate, stakeholders. The Update is Independence Avenue SW., propylparaben (propyl communicated via Listserv, a free Washington, DC 20250–3700, (202) 720– phydroxybenzoate), calcium propionate, electronic mail subscription service for 5627. sodium propionate, benzoic acid, and industry, trade groups, consumer SUPPLEMENTARY INFORMATION: sodium benzoate. interest groups, health professionals, In 2006, Kraft Foods Global, Inc. and other individuals who have asked Background petitioned FSIS to amend the Federal to be included. The Update is also On May 7, 2012, FSIS issued a meat and poultry products inspection available on the FSIS Web page. In proposed rule entitled ‘‘Food regulations to permit the use of sodium addition, FSIS offers an electronic mail Ingredients and Sources of Radiation benzoate and sodium propionate as subscription service which provides Listed and Approved for Use in the acceptable antimicrobial agents that automatic and customized access to Production of Meat and Poultry may be used in combination with other selected food safety news and Products’’ and requested comments on approved ingredients to inhibit the information. This service is available at the document (77 FR 26706). FSIS growth of monocytogenes (Lm) http://www.fsis.usda.gov/ proposed to remove sodium benzoate, in ready-to-eat (RTE) meat and poultry News_&_Events/Email_Subscription/. sodium propionate, and benzoic acid products. On July 26, 2010, Kemin Food Options range from recalls to export from the list of substances that the Technologies petitioned FSIS to amend information to regulations, directives, regulations prohibit for use in meat or the regulations to permit the use of and notices. Customers can add or poultry products. liquid sodium propionate and liquid delete subscriptions themselves, and As explained in the proposal, under sodium benzoate as acceptable have the option to password protect the Federal Food Drug and Cosmetics antimicrobial agents in meat and their accounts. Act (FFDCA)(21 U.S.C. 301 et seq.), FDA poultry products.

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After receiving each petition, FSIS under the conditions proposed in the maximum level for the combination conducted an initial evaluation of the petitions, are both safe and suitable for cannot exceed 0.1 percent (in requested action to confirm that FDA use as antimicrobial agents in certain accordance with 21 CFR 184.1(d)). FSIS had no objections to the safety of RTE meat and poultry products. will include this information in the sodium benzoate, sodium propionate, or Therefore, FSIS is amending 9 CFR directive. benzoic acid at the proposed levels of 424.23(a)(3) to remove these substances As a result of amending 9 CFR use. FSIS also considered each from the list of prohibited substances 424.23(a)(3), the procedures for listing petitioner’s supporting data on the that may be used ‘‘* * * in or on any approved uses of sodium propionate, suitability of these substances for use in product, only as provided in 9 CFR benzoic acid, and sodium benzoate in meat and poultry products. FSIS Chapter III.’’ the FSIS directive will be consistent concluded that the petitioners had Under this final rule, use of these with the procedures for listing approved established the safety of sodium substances in or on meat or poultry uses in meat and poultry products of benzoate, sodium propionate, and products will continue to be approved other safe and suitable substances. benzoic acid at the proposed levels of by FDA for safety and by FSIS for Approved new uses of potassium use but that the Agency needed suitability. FDA will continue to sorbate, propylparaben (propyl p- additional data to make a final establish the parameters of the approved hydroxybenzoate), and calcium suitability determination. Therefore, in use under its regulatory system, and propionate will continue to be listed July 2007, FSIS issued a waiver of FSIS will list approved uses of these through rulemaking because the provisions under 9 CFR 303.1(h) and substances in the table of approved regulations (9 CFR 424.23(a)(3)) prohibit 381.3(b) to enable Kraft to conduct substances in Directive 7120.1. In that their use in meat and poultry products. various experimental trials involving directive, FSIS will specify that sodium FSIS carefully considered all the the use of sodium benzoate and sodium propionate (generally recognized as safe comments received and developed the propionate, in combination with other under 21 CFR 184.1784) can be used as following responses. ingredients, to control the growth of Lm an antimicrobial in various meat and in RTE meat and poultry products. poultry products in an amount not to Discussion of Comments Additionally, from September 2010 exceed 0.5 percent (by weight of total FSIS received 20 comments in through March 2011, FSIS issued formulation) when used alone. Sodium response to the proposed rule. Members waivers to Kemin and to various meat propionate is a direct food ingredient of the public submitted twelve, and poultry product processing that must be labeled by its common or organizations related to the food establishments to conduct trials on the usual name in the ingredients statement industry five, and a food safety use of antimicrobial agents containing of a product (21 CFR 101.4, 9 CFR consulting firm, a non-profit liquid sodium propionate and propionic 317.2(f), 381.118(a)). association, and a trade association each The directive also will state that, acid supplied by Kemin for Lm control submitted one. Several commenters when used as an antimicrobial, sodium in RTE meat an poultry products. supported the proposal to remove While operating under the waivers, benzoate can be used in various meat sodium benzoate, sodium propionate, the Kemin and Kraft companies and poultry products at up to 0.1 and benzoic acid from the list of gathered sufficient data to support the percent when used alone (21 CFR substances that the regulations prohibit use of sodium propionate, sodium 184.1733). Sodium benzoate is a direct for use in meat or poultry products. benzoate, and benzoic acid as food additive that must be labeled by its They stated that the additives are antimicrobial agents in RTE meat and common or usual name in the effective as anti-Listerial agents and are poultry products. Kraft submitted data ingredients statement of a product. suitable for specified uses in meat and collected from its in-plant-trials and Similarly, benzoic acid is a generally poultry products. from scientific studies that show that recognized as safe (GRAS) direct food these substances do not conceal damage ingredient that can be used in various FSIS agrees that adding sodium or inferiority or make products appear meat and poultry products at up to 0.1 propionate to the list of approved better or of greater value than they are percent (21 184.1021 and similarly must ingredients also provides meat and under the proposed conditions of use. be labeled (21 CFR 101.4, 9 CFR 317.2(f) poultry processors greater flexibility in Kraft submitted research findings to and 381.118(a)). formulating new products while demonstrate that its proposed use of The uses of these substances are protecting the food supply against sodium benzoate and sodium consistent with FDA regulations and Listeria. Moreover, sodium propionate propionate is effective in controlling the reflect the levels that the petitioners and propionic acid, which are GRAS (21 growth of Lm in RTE meat and poultry requested to use in meat and poultry CFR 170.30, 21 CFR 184.1784) for use as products. Kemin also submitted products and that they provided antimicrobials under current good findings supporting the use of its supporting data. Also, the use of these manufacturing practices, have been sodium propionate and propionic acid substances enhances food safety by confirmed as safe and effective at formulations. controlling Lm in RTE products. inhibiting Lm. Sodium propionate does The Kemin petition and supporting The Kraft petition also addressed not mask spoilage or negatively affect materials are available for viewing by sodium diacetate (GRAS under 21 CFR sensory attributes. This ingredient the public on the FSIS Web site at 184.1754 when used as an antimicrobial provides the benefit of lowering sodium http://www.fsis.usda.gov/PDF/ agent under cGMP). The company contribution in meat and poultry Petition_Kemin.pdf. The Kraft petition intends to use this substance in products, while extending shelf-life. is available at: http://www.fsis.usda.gov/ combination with sodium benzoate and The following is a discussion of the PDF/Petition_Kraft.pdf. sodium propionate. Sodium diacetate is relevant issues raised in the comments. not one of the substances considered in Comment: A commenter asked why Final Rule this rulemaking because is not there were no tests involving the human After considering the comments prohibited by FSIS regulations. When body after eating the substances. received and discussed below, FSIS has sodium benzoate, sodium propionate, or Another commenter expressed concern determined that sodium benzoate, sodium diacetate are used in about the cumulative effects of sodium propionate, and benzoic acid, combination with each other, the overall combined dosages of sodium benzoate,

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sodium propionate, and benzoic acid on noted that a lawsuit filed in 2006 by beverages of certain food additives children. private attorneys ultimately forced (sorbates, benzoates, and gallates) that Response: FSIS and FDA do not Coca-Cola, PepsiCo, and other soft-drink were already permitted in the EU before conduct tests of the effects of food makers in the United States to January 20, 2009. Benzoic acid and ingredients directly on humans. For a reformulate affected beverages— sodium benzoate are among the GRAS substance, such as the substances typically fruit-flavored products. ingredients on the list. The data are to discussed in this rule, generally According to this commenter, soft-drink be used to re-evaluate the ingredients. available data and information about the makers are now eliminating the use of We understand from EFSA that the use of the substance are known and benzoate in combination with vitamin C report on this re-evaluation will be widely accepted and FDA has a basis for worldwide. This commenter stated that available in late Spring 2013. When the concluding that there is consensus these developments should cause FDA re-evaluation is completed, experts in among qualified experts that the data and FSIS to reconsider whether this Agency, and particularly in FDA, and information establish that the benzoate should continue to be will consider the results and their substance is safe under the conditions of classified as GRAS. Another stated that possible implications. At this time, its intended use (21 CFR the GRAS status of the sodium benzoate however, the available evidence 170.36(c)(4)(i)(C)). For a food additive, should be reviewed to take into account supports the safety of the use of these privately held data and information changes in consumer diets and advances ingredients. about the use of the substance are sent in science and technology. The Comment: One commenter supported by the sponsor to FDA. FDA then commenter also stated that FSIS should the proposed rule but suggested that evaluates the data and information to not expand its use until a safety more studies be conducted on the determine whether they establish that assessment is done and noted that the effects of these three in the substance is safe under the European Union is in the process of higher dosages (higher than the use conditions of its intended use (21 CFR reviewing its safety now. levels currently permitted under the 171.1). Response: FDA and FSIS have FDA GRAS regulations), possible FSIS and FDA have evaluated all the considered the points made by the allergic reactions through contact or data and determined that the uses of commenters and have determined that ingestion and the extent of those these substances considered in this rule there are no human health hazards reactions, and potential alternatives to are safe for individual consumers, arising from the approved uses that will these preservatives that produce the including children. be listed in FSIS Directive 7120.1. same outcome without the use of Comment: A few commenters The conditions under which benzene preservatives. disapproved removing sodium benzoate, is produced in soft drinks are different Response: The levels that FSIS would sodium propionate, and benzoic acid from the conditions under which allow to be used under this rule have from the list of substances prohibited benzene could be produced in ready-to- not been shown to cause allergic from use in meat and poultry products eat (RTE) meats. RTE meats have a pH reactions. Data on uses at higher levels because they stated that these close to neutral, are continuously would be evaluated under the joint FDA ingredients would have harmful effects refrigerated or stored at room and FSIS ingredient approval system. on human health. One commenter temperature (canned RTE meats), and Data in the scientific literature on the explained that, as a potential consumer are protected from excessive exposure to amounts of these substances that are of harmful additives, she found the light. Therefore, the use of sodium necessary to trigger or give rise to evidence submitted by Kraft Foods and benzoate in RTE meats does not present allergic reactions are not available. Food Kemin Food Technologies insufficient a safety concern even if combined with additives, such as benzoic acid and to prove that all three agents are safe for Vitamin C or similar compounds. benzoates, have been known to cause use in meat and poultry products. Regarding the concern that the GRAS hypersensitivity reactions. Such Specifically, the commenter stated that status of sodium benzoate should be reactions are known to be very unusual Kemin had relied on old research (a reviewed, FDA has confirmed that the in healthy individuals. However, in 1973 study conducted by the Select petitioner’s intended use of sodium some cases, doses as low as 50 mg of Committee on Generally Recognized as benzoate is covered under the GRAS benzoates have been shown to cause Safe Substances) to prove the safe use of regulations (at 21 CFR 184.1733) and allergic reactions in individuals already sodium benzoate and benzoic acid and that there are no safety issues with the suffering from allergic reactions. that new research must be performed to intended use. FSIS accepts the Information on the effects of these doses ensure the safety of benzoic acid for conclusion of FDA. Further, FSIS is on healthy individuals is not currently public use. aware that the Codex Committee on available. Therefore, it is important that Another commenter expressed Food Additives (1995)1 has also food additives or ingredients that may concern because Kraft stated that it used approved the use of benzoates in cured cause severe allergic or hypersensitivity Lem-O-Fos in its meat and poultry (including salted) and dried non-heat reactions be appropriately declared in products to ‘‘enhance antimicrobial treated processed (including the ingredient statement on the product activity.’’ The commenter stated that comminuted) meat and poultry label. studies have shown that when benzoic products, at a maximum level of 0.1 Industry is likely to pursue research acid is mixed with citric acid it forms percent. on the preservatives that are the subject benzene, which is a carcinogen. In the Regarding the European Union’s of this rulemaking and on others. FSIS commenter’s opinion, the substances evaluation, the European Food Safety and FDA will continue to review new should be kept separate from one Authority (EFSA) issued a data call June substances for safety and suitability another or concrete evidence must 1, 2012, on the occurrence in foods and under the MOU. prove that the mixture does not Comment: A commenter constitute a hazard to consumers. 1 Codex Alimentarius Committee on Food recommended not specifying a pH range Another commenter stated that, in the Additives. 1995. Codex General Standard for Food of 4.8 to 5.2 percent for the use of Additive, Codex Stan 192, pg 80. Available at: early 1990s, the FDA urged companies http://www.codexalimentarius.org/committees-and- sodium propionate as indicated in the not to use benzoate in products that also task-forces/en/?provide=committeeDetail&idList=9. Kemin petition, increasing the contain ascorbic acid. The commenter Accessed November 9, 2012. permissible use level of propionate

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when used in combination with other effects, distributive impacts, and challenge involves any decision of an antimicrobial ingredients, and equity). Executive Order 13563 FSIS employee relating to inspection specifying that the substances are to be emphasizes the importance of services provided under the FMIA, used in meat and poultry, including quantifying both costs and benefits, of PPIA, or EPIA. RTE products. The commenter reducing costs, of harmonizing rules, explained that a higher pH provides and of promoting flexibility. This final Paperwork Reduction Act several benefits including greater rule has been determined not to be This rule does not contain any new stability of the antimicrobial solution, significant and therefore has not been information collection or record keeping better handling and shipping reviewed by the Office of Management classifications, and improved sensory and Budget (OMB) under E.O. 12866. requirements that are subject to the characteristics in finished meat The rule will benefit companies that Office of Management and Budget products. want to use these substances in the (OMB) approval under the Paperwork The commenter further stated that not production of meat and poultry Reduction Act, 44 U.S.C. 3501 et seq. including a pH specification in the products by expediting the approval E-Government Act approved ingredient listing in the FSIS process. It will also benefit consumers Directive will provide room for by expediting the approved use of FSIS and USDA are committed to innovation and fair competition in the substances that enhance food safety by achieving the purposes of the E- market. Moreover, a permitted use level controlling the growth of Lm in RTE Government Act (44 U.S.C. 3601, et of sodium propionate in RTE meat and meat and poultry products. The rule seq.) by, among other things, promoting poultry products is necessary because also will make the approval process for the use of the Internet and other the firm’s testing results indicate that new uses of sodium propionate, sodium information technologies and providing propionate, when combined with benzoate, and benzoic acid in meat and increased opportunities for citizen commonly used existing antimicrobials poultry products consistent with the access to Government information and for meat and poultry (e.g., lactate, process for obtaining approval for other services, and for other purposes. acetate, and diacetate), is required at safe and suitable substances. higher levels to ensure safety of uncured There are no expected costs Additional Public Notification high-moisture items. associated with this final rule. All Response: As noted above, sodium substances intended for use in the FSIS will announce the availability of propionate that meets food grade production of meat and poultry this final rule on-line through the FSIS standards as outlined in the Food products will continue to be subject to Web page located at http:// Chemicals Codex, when used in FDA evaluation for safety and FSIS www.fsis.usda.gov/ accordance with 21 CFR 184.1784, is evaluation for suitability. Company regulations_&_policies/ GRAS for use as an antimicrobial agent costs and the agencies’ costs associated Interim_&_Final_Rules/index.asp. in meat products with no other with these evaluations will not be FSIS also will make copies of this limitations than cGMP. Therefore, FSIS affected by this final rule. Federal Register publication available will not specify a pH level in its through the FSIS Constituent Update, Directive 7120.1. Also, since 21 CFR Regulatory Flexibility Act which is used to provide information 184.1784 does not prescribe a maximum Pursuant to section 605(b) of the use level for sodium propionate, when Regulatory Flexibility Act, 5 U.S.C. regarding FSIS policies, procedures, the substance is used in combination 605(b), the FSIS Administrator has regulations, Federal Register notices, with another antimicrobial agent, the determined that this final rule will not FSIS public meetings, and other types of maximum level for the combination is have a significant impact on a information that could affect or would governed by the maximum use level of substantial number of small entities. be of interest to our constituents and the other antimicrobial. For example, This determination is based primarily stakeholders. The Update is when sodium propionate is used in on the fact that the final rule will not communicated via Listserv, a free email combination with sodium benzoate, the affect the process for approving new subscription service for industry, trade, maximum level for the mixture is not to uses of sodium benzoate, sodium and farm groups, consumer interest exceed 0.1 percent. When sodium propionate, and benzoic acid in meat or groups, allied health professionals, propionate is used in combination with poultry products. This final rule will scientific professionals, and other sodium diacetate, the maximum use make the process of listing approved individuals who have requested to be level for the mixture is not to exceed uses of these substances more efficient included. The Update also is available 0.25 percent. by eliminating the need for FSIS to on the FSIS Web page. Through Listserv The directive will specify the uses of conduct rulemaking each time a new and the Web page, FSIS is able to benzoic acid, sodium benzoate, and use is approved. provide information to a much broader, sodium propionate in meat and poultry Executive Order 12988 more diverse audience. products, including RTE meat and In addition, FSIS offers an email poultry products. This final rule has been reviewed under Executive Order 12988, Civil subscription service which provides Executive Order 12866, Executive Justice Reform. This rule: (1) has no automatic and customized access to Order 13563, and Regulatory Flexibility retroactive effect; and (2) does not selected food safety news and Act require administrative proceedings information. This service is available at Executive Orders 13563 and 12866 before parties may file suit in court http://www.fsis.usda.gov/ direct agencies to assess all costs and challenging this rule. However, the news_and_events/email_subscription/. benefits of available regulatory administrative procedures specified in 9 Options range from recalls to export alternatives and, if regulation is CFR 306.5, 381.35, and 590.300 through information to regulations, directives necessary, to select regulatory 590.370, respectively, must be and notices. Customers can add or approaches that maximize net benefits exhausted before any judicial challenge delete subscriptions themselves, and (including potential economic, may be made of the application of the have the option to password-protect environmental, public health and safety provisions of the final rule, if the their accounts.

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List of Subjects in 9 CFR Part 424 assemblies are installed and replacing That NPRM proposed to require Food additives, Food packaging, Meat those assemblies with a new assembly; inspecting certain logic modules to inspection, Poultry and poultry and revising the Non-Normal determine if certain cabin altitude/pitot products. Procedures Section of the airplane flight static heater module assemblies are manual (AFM) to include procedures for installed and replacing those assemblies For the reasons set forth in the resetting the pitot switch in the event of with a new assembly; and revising the preamble, FSIS is amending 9 CFR part pitot heater failure and for total loss of Non-Normal Procedures Section of the 424 as follows: airspeed indication. We are issuing this AFM to include procedures for resetting PART 424—PREPARATION AND AD to prevent the loss of all displayed the pitot switch in the event of pitot PROCESSING OPERATIONS airspeed, which could result in reduced heater failure and for total loss of ability to control the airplane. airspeed indication. ■ 1. The authority citation for part 424 DATES: This AD is effective April 11, Comments continues to read as follows: 2013. The Director of the Federal Register We gave the public the opportunity to Authority: 7 U.S.C. 450, 1901–1906; 21 participate in developing this AD. The U.S.C. 451–470, 601–695; 7 CFR 2.18, 2.53. approved the incorporation by reference of certain publication listed in the AD following presents the comments ■ 2. In § 424.23, revise paragraph (a)(3) as of April 11, 2013. received on the proposal (77 FR 41937, to read as follows: July 17, 2012) and the FAA’s response ADDRESSES: For service information to each comment. § 424.23 Prohibited uses. identified in this AD, contact Cessna (a) * * * Aircraft Co., P.O. Box 7706, Wichita, Request To Change Compliance Time (3) Sorbic acid, calcium sorbate, Kansas 67277; telephone 316–517–6215; Cessna Aircraft Company (Cessna) sodium sorbate, and other salts of sorbic fax 316–517–5802; email requested that the NPRM (77 FR 41937, acid shall not be used in cooked [email protected]; July 17, 2012) use the compliance time sausages or any other meat; sulfurous Internet https:// described in Cessna Service Letter acid and salts of sulfurous acid shall not www.cessnasupport.com/newlogin.html. SL750–30–08, Revision 1, dated July 11, be used in or on any meat; and niacin You may review copies of the 2011, of within two years or 1,200 flight or nicotinamide shall not be used in or referenced service information at the hours after July 11, 2011 (The issue date on fresh meat product; except that FAA, Transport Airplane Directorate, of Cessna Service Letter SL750–30–08, potassium sorbate, propylparaben 1601 Lind Avenue SW., Renton, WA. Revision 1), whichever occurs first. (propyl p-hydroxybenzoate), and For information on the availability of Cessna noted that the proposed NPRM calcium propionate, may be used in or this material at the FAA, call 425–227– compliance time is within 600 flight on any product, only as provided in 9 1221. hours or one year after the effective date CFR Chapter III. Examining the AD Docket of the AD, whichever occurs first. * * * * * Cessna stated that the NPRM You may examine the AD docket on compliance time will extend the Done at Washington, DC on: February 28, the Internet at http:// compliance time beyond what is 2013. www.regulations.gov; or in person at the suggested by Cessna Service Letter Alfred V. Almanza, Docket Management Facility between 9 SL750–30–08, Revision 1, dated July 11, Administrator. a.m. and 5 p.m., Monday through 2011. [FR Doc. 2013–05341 Filed 3–6–13; 8:45 am] Friday, except Federal holidays. The AD We disagree with the request to BILLING CODE 3410–DM–P docket contains this AD, the regulatory change the compliance time. We evaluation, any comments received, and coordinated with Cessna regarding the other information. The address for the compliance time difference prior to DEPARTMENT OF TRANSPORTATION Docket Office (phone: 800–647–5527) is issuing the NPRM (77 FR 41937, July 17, Document Management Facility, U.S. 2012). We have determined that a Federal Aviation Administration Department of Transportation, Docket compliance time of within 600 flight Operations, M–30, West Building hours or one year after the effective date 14 CFR Part 39 Ground Floor, Room W12–140, 1200 of the AD (whichever occurs first) is an New Jersey Avenue SE., Washington, [Docket No. FAA–2012–0720; Directorate appropriate compliance time to Identifier 2012–NM–059–AD; Amendment DC 20590. adequately address the identified unsafe 39–17360; AD 2013–04–03] FOR FURTHER INFORMATION CONTACT: condition. If additional data are Christine Abraham, Aerospace Engineer, RIN 2120–AA64 presented to justify a shorter Electrical Systems and Avionics Branch, compliance time, we might consider Airworthiness Directives; Cessna ACE–119W, FAA, Wichita Aircraft further rulemaking. We have not Aircraft Company Airplanes Certification Office (ACO), 1801 Airport changed the AD in this regard. Road, Room 100, Mid-Continent AGENCY: Federal Aviation Airport, Wichita, Kansas 67209; phone: Request To Change Logic Module Administration (FAA), DOT. 316–946–4165; fax: 316–946–4107; Designators ACTION: Final rule. email: [email protected]. Cessna requested that we change the SUPPLEMENTARY INFORMATION: reference designators to the logic SUMMARY: We are adopting a new modules in paragraph (g) of the NPRM airworthiness directive (AD) for certain Discussion (77 FR 41937, July 17, 2012). Cessna Cessna Aircraft Company Model 750 We issued a notice of proposed stated that NC006 and NC007 are the airplanes. This AD was prompted by rulemaking (NPRM) to amend 14 CFR correct reference designators for the reports of loss of displayed airspeed. part 39 to include an AD that would logic modules. This AD requires inspecting certain apply to the specified products. That We agree to change the references logic modules to determine if certain NPRM published in the Federal because we have determined that the cabin altitude/pitot static heater module Register on July 17, 2012 (77 FR 41937). commenter’s stated references are

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