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Agency Response: The Agency believes that the proposed<br />

rule and this final rule comply with both E.O. 13563 and E.O.<br />

12866. The Act provides authority for the Secretary to<br />

promulgate regulations necessary to implement the COOL program.<br />

In addition, as explained previously, in order to implement<br />

mandatory country of origin labeling for certain meat products<br />

as required by statute, the Agency has made changes to the<br />

labeling provisions for muscle cut covered commodities. These<br />

changes provide consumers with more specific information and<br />

enhance the overall operation of the program. The Agency also<br />

expects that these changes will bring the mandatory COOL<br />

requirements into compliance with U.S. international trade<br />

obligations.<br />

The proposed rule contained an executive summary of the<br />

rule, which included a statement of need. The Agency has<br />

conducted a cost benefit analysis, as required, and has modified<br />

the analysis based on the comments received. As noted in a<br />

subsequent response below, the Agency believes that this final<br />

rule is consistent with the statute.<br />

Miscellaneous<br />

Summary of Comments: Several commenters stated their<br />

belief that the proposed rule violates the First Amendment<br />

because it impermissibly compels commercial speech. The<br />

commenters argued that AMS has not stated an interest sufficient<br />

16

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