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65758 Federal Register / Vol. 71, No.

217 / Thursday, November 9, 2006 / Proposed Rules

(A) A school food authority must CFR part 15b of this title and whose for fluid milk for non-disabled students
inform the State agency if any of its disability restricts their diet. with medical or special dietary needs,
schools choose to offer fluid milk Substitutions must be made on a case by all substitute beverages offered must be
substitutes other than for students with case basis only when supported by a fortified to meet 276 milligrams calcium
disabilities; and written statement of the need for per cup, 8 grams protein per cup, 500
(B) A medical authority or the substitutions that includes the student’s International Units vitamin A per cup,
student’s parent or legal guardian must disability, an explanation of why the 100 International Units vitamin D per
submit a written request for a fluid milk disability restricts the student’s diet, the cup, 24 milligrams magnesium per cup,
substitute identifying the medical or major life activity affected by the 222 milligrams phosphorus per cup, 349
other special dietary need that restricts disability, the food(s) to be omitted from milligrams potassium per cup, 0.44
the student’s diet. the student’s diet, and the milligrams riboflavin per cup, and 1.1
(iii) Substitution approval. The recommended alternative foods. Such micrograms vitamin B12 per cup, in
approval for fluid milk substitution statement must be signed by a licensed accordance with fortification guidelines
shall remain in effect until the medical physician. issued by the Food and Drug
authority or the student’s parent or legal (2) Exceptions for non-disability Administration. A school need only
guardian revokes such request in reasons. Schools may make offer the nondairy beverages that it has
writing, or until such time as the school substitutions for students without selected as allowable milk substitutes
changes its substitution policy for non- disabilities who cannot consume the according to this paragraph (i)(3).
disabled students. breakfast because of medical or other * * * * *
* * * * * special dietary needs. Substitutions
Dated: November 1, 2006.
(m) * * * must be made on a case by case basis
(3) Milk substitutes. If a school only when supported by a written Nancy Montanez Johner,
chooses to offer one or more substitutes statement of the need for substitutions Under Secretary, Food, Nutrition, and
for fluid milk for non-disabled students that identifies the medical or special Consumer Services.
with medical or special dietary needs, dietary need that restricts the student’s [FR Doc. 06–9136 Filed 11–8–06; 8:45 am]
all substitute beverages offered must be diet, the foods to be omitted from the BILLING CODE 3410–30–P
fortified to meet 276 milligrams calcium student’s diet and, except for milk,
per cup, 8 grams protein per cup, 500 recommended alternative foods. Such
International Units vitamin A per cup, statement must be signed by a DEPARTMENT OF AGRICULTURE
100 International Units vitamin D per recognized medical authority. Animal and Plant Health Inspection
cup, 24 milligrams magnesium per cup, (i) Milk substitutions for non- Service
222 milligrams phosphorus per cup, 349 disability reasons. Schools may make
milligrams potassium per cup, 0.44 substitutions for fluid milk for non- 9 CFR Parts 93, 94, and 95
milligrams riboflavin per cup, and 1.1 disabled students who cannot consume
micrograms vitamin B12 per cup, in fluid milk due to medical or special [Docket No. APHIS–2006–0026]
accordance with fortification guidelines dietary needs. A school that selects this
issued by the Food and Drug option may offer the nondairy Bovine Spongiform Encephalopathy;
Administration. A school need only beverage(s) of its choice, provided the Minimal-Risk Regions, Identification of
offer the nondairy beverage(s) that it has beverage(s) meet the nutritional Ruminants and Processing and
identified as allowable milk substitutes standards established in Part 210 of this Importation of Commodities
according to this paragraph (m)(3). chapter. Expenses incurred in providing AGENCY: Animal and Plant Health
* * * * * substitutions for fluid milk that exceed Inspection Service, USDA.
program reimbursements must be paid ACTION: Proposed rule; reopening of
PART 220—SCHOOL BREAKFAST by the school food authority. comment period.
PROGRAM (ii) Requisites for milk substitutions.
(A) A school food authority must SUMMARY: We are reopening the
1. The authority citation for 7 CFR
inform the State agency if any of its comment period for our proposed rule
part 220 continues to read as follows:
schools choose to offer fluid milk that would remove several restrictions
Authority: 42 U.S.C. 1773, 1779, unless substitutes other than for students with regarding the identification of animals
otherwise noted. disabilities; and and the processing of ruminant
2. In § 220.8: (B) A medical authority or the materials from BSE minimal-risk
a. Revise the section heading; student’s parent or legal guardian must regions, as well as BSE-based
b. Revise paragraph (d)(1); submit a written request for a fluid milk restrictions on gelatin derived from
c. Redesignate paragraphs (d)(2) and substitute identifying the medical or bovine hides. This action will allow
(d)(3) as paragraphs (d)(3) and (d)(4), other special dietary need that restricts interested persons additional time to
respectively, and add a new paragraph the student’s diet. prepare and submit comments.
(d)(2); and (iii) Substitution approval. The DATES: We will consider all comments
d. Add a new paragraph (i)(3). approval for fluid milk substitution that we receive on or before November
The revisions and additions read as shall remain in effect until the medical 24, 2006.
follows: authority or the student’s parent or legal ADDRESSES: You may submit comments
§ 220.8 Nutrition standards and menu guardian revokes such request in by either of the following methods:
planning approaches for breakfasts. writing, or until such time as the school • Federal eRulemaking Portal: Go to
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* * * * * changes its substitution policy for non- http://www.regulations.gov, select


(d) * * * disabled students. ‘‘Animal and Plant Health Inspection
(1) Exceptions for disability reasons. * * * * * Service’’ from the agency drop-down
Schools must make substitutions in (i) * * * menu, then click ‘‘Submit.’’ In the
breakfasts for students who are (3) Milk substitutes. If a school Docket ID column, select APHIS–2006–
considered to have a disability under 7 chooses to offer one or more substitutes 0026 to submit or view public

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Federal Register / Vol. 71, No. 217 / Thursday, November 9, 2006 / Proposed Rules 65759

comments and to view supporting and persons additional time to prepare and FOR FURTHER INFORMATION CONTACT: John
related materials available submit comments. We will also consider A. Shelden, FAA, Airframe/Cabin Safety
electronically. Information on using all comments received between October Branch, ANM–115, Transport Airplane
Regulations.gov, including instructions 11, 2006, and the date of this notice. Directorate, Aircraft Certification
for accessing documents, submitting Authority: 7 U.S.C. 450, 1622, 7701–7772, Service, 1601 Lind Avenue SW.,
comments, and viewing the docket after 7781–7786, and 8301–8317; 21 U.S.C. 136 Renton, Washington 98057–3356;
the close of the comment period, is and 136a; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, telephone (425) 227–2785; facsimile
available through the site’s ‘‘User Tips’’ and 371.4. (425) 227–1232; electronic mail
link. Done in Washington, DC, this 3rd of john.shelden@faa.gov.
• Postal Mail/Commercial Delivery: November 2006. SUPPLEMENTARY INFORMATION:
Please send four copies of your Kevin Shea,
comment (an original and three copies) Comments Invited
Acting Administrator, Animal and Plant
to Docket No. APHIS–2006–0026, Health Inspection Service. We invite interested people to take
Regulatory Analysis and Development, [FR Doc. E6–19042 Filed 11–8–06; 8:45 am] part in this rulemaking by sending
PPD, APHIS, Station 3A–03.8, 4700 written comments, data, or views. The
BILLING CODE 3410–34–P
River Road Unit 118, Riverdale, MD most helpful comments reference a
20737–1238. Please state that your specific portion of the special
comment refers to Docket No. APHIS– conditions, explain the reason for any
2006–0026. DEPARTMENT OF TRANSPORTATION recommended change, and include
Reading Room: You may read any supporting data. We ask that you send
comments that we receive on Docket Federal Aviation Administration us two copies of written comments.
No. APHIS–2006–0026 in our reading We will file in the docket all
room. The reading room is located in 14 CFR Part 25 comments we receive, as well as a
room 1141 of the USDA South Building, report summarizing each substantive
14th Street and Independence Avenue, [Docket No. NM359; Notice No. 25–06–13– public contact with FAA personnel
SC] concerning these special conditions.
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m., Special Conditions: Boeing Model 737 You can inspect the docket before and
Monday through Friday, except Series Airplanes; Seats With Non- after the comment closing date. If you
holidays. To be sure someone is there to wish to review the docket in person, go
Traditional, Large, Non-Metallic Panels
help you, please call (202) 690–2817 to the address in the ADDRESSES section
before coming. AGENCY: Federal Aviation of this preamble between 9 a.m. and 5
Other Information: Additional Administration (FAA), DOT. p.m., Monday through Friday, except
information about APHIS and its ACTION: Notice of proposed special Federal holidays.
programs is available on the Internet at conditions. We will consider all comments we
http://www.aphis.usda.gov. receive on or before the closing date for
FOR FURTHER INFORMATION CONTACT: For SUMMARY: This action proposes special comments. We will consider comments
information regarding ruminant conditions for Boeing Model 737 series filed late if it is possible to do so
products, contact Dr. Karen James- airplanes. These airplanes will have a without incurring expense or delay. We
Preston, Director, Technical Trade novel or unusual design feature(s) may change these special conditions
Services, Animal Products, National associated with seats that include non- based on the comments we receive.
traditional, large, non-metallic panels If you want the FAA to acknowledge
Center for Import and Export, VS,
that would affect survivability during a receipt of your comments on this
APHIS, 4700 River Road, Unit 38,
post-crash fire event. The applicable proposal, include with your comments
Riverdale, MD 20737–1231; (301) 734–
airworthiness regulations do not contain a pre-addressed, stamped postcard on
4356.
adequate or appropriate safety standards which the docket number appears. We
For information concerning live
for this design feature. These proposed will stamp the date on the postcard and
ruminants, contact Dr. Lee Ann Thomas,
special conditions contain the mail it back to you.
Director, Technical Trade Services,
Animals, Organisms and Vectors, and additional safety standards that the Future Requests for Installation of Seats
Select Agents, National Center for Administrator considers necessary to With Non-Traditional, Large, Non-
Import and Export, VS, APHIS, 4700 establish a level of safety equivalent to Metallic Panels
River Road, Unit 38, Riverdale, MD that established by the existing
airworthiness standards. We anticipate that seats with non-
20737–1231; (301) 734–4356. traditional, large, non-metallic panels
SUPPLEMENTARY INFORMATION: On August DATES: We must receive your comments
will be installed in other makes and
9, 2006, we published in the Federal by November 29, 2006. models of airplanes. We have made the
Register (71 FR 45439–45444, Docket ADDRESSES: You must mail two copies determination to require special
No. APHIS–2006–0026) a proposal to of your comments to: Federal Aviation conditions for all applications
remove several restrictions regarding the Administration, Transport Airplane requesting the installation of seats with
identification of animals and the Directorate, Attn: Rules Docket (ANM– non-traditional, large, non-metallic
processing of ruminant materials from 113), Docket No. NM359, 1601 Lind panels until the airworthiness
BSE minimal-risk regions, as well as Avenue SW., Renton, Washington, requirements can be revised to address
BSE-based restrictions on gelatin 98057–3356. You may deliver two this issue. Having the same standards
derived from bovine hides. copies to the Transport Airplane
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across the range of airplane makes and


Comments on the proposed rule were Directorate at the above address. You models will ensure a level playing field
required to be received on or before must mark your comments: Docket No. for the aviation industry.
October 10, 2006. We are reopening the NM359. You can inspect comments in
comment period on Docket No. APHIS– the Rules Docket weekdays, except Background
2006–0026 for an additional 14 days. Federal holidays, between 7:30 a.m. and On August 8, 2005, Boeing
This action will allow interested 4 p.m. Commercial Airplanes, P.O. Box 3707,

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